'77 CORNELL UNIVERSITY LIBRARY Cornell University Library E 77.U58I39 1916 pts.1- Indian appropriation bill : 3 1924 028 726 929 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028726929 ^6^. I a, .-ptfNDIAN APPBOPEIATION BILltl?/7j HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON INDIAN AFFAIRS HOUSE OF EEPEESENTATI\^S CONSISTING OF HON. JOHN H. STEPHENS, ChairrrK HON. CHARLES D. CARTER HON. P. P. CAMPBELL i ^^„<<^RESENTED TO 1 HARTWiCK COLLEGE ONEONTA. N. Y. BY U. P. KINNEY r- WASHINGTON GOVERNMENT PRINTING OITIOB 1918, ■'-L-^y!-./.-; ■-■•■ 77 COMMITTEE ON INDIAN AFFAIRS. SiXTY-FOTIRTH CONRBESS. John H. StbphenSj Chakles D. Caetbr, Oklahoma. Thomas F. Konop, Wisconsin. Cael Hatden, Arizona. Lewis L. Morgan, Louisiana. William H. Mueeay, Oklahoma. Pbnvee S. Chdkch, California. Chaelbs M. Stedman, North Carolina. William J. Sbaes, Florida. C. C. Dill, Washington. John N. Tillman, Arkansas. Haert L. Gandt, South Dakota. Ohmrmwn,, Texas. Philip P. Campbell, Kansas. Pateick D. Norton, North Dakota. Samuel H. Miller, Pennsylvania. Stephen Wallace Dbmpset, New York. HoMBE P. Snydee, New York. EOYAL C. Johnson, South Dakota. Feanklin F. Ellsworth, Minnesota. Bbnigno C. Heena.ndez, New Mexico. Jambs Wickeesham, Alaska. James V. Townsend, Olerk. Paul N. Humphrey, Assistant Clerk. INDEX. Page. Surveying and allotting Indian reservations 3 Irrigation, Indian reservations 14 Suppressing liquor traffic among Indians 27 Relieving distress and prevention of diseases, etc 41 Indian schools, support 46 Indian school and agency buildings-^ 49 Indian school transportation 53 Per capita expenditure 58 Industrial work and care of timber 60 Purchase and transportation of Indian supplies 71 Telegraphing and telephoning, Indian Service 81 Court costs, etc 83 Expenses of Board of Indian Commissioners 84 Pay of Indian police 94 Pay of judges, Indian courts 95 General expenses, Indian Service 96 Inspectors, Indian Service 101 Determining heirs of deceased Indians 103 Industry among Indians 107 Vehicles, Indian Service 127 Kepeal in part, section 4, act May 11, 1880 129 Amending section 2, act March 2, 1907 180 Amending section 5, act June 25, 1910 131, 132 Negotiating agreements with Indian tribes. * 134 Amending act June 21, 1906 185 Payment to heirs of Farmer John 137 Suppressing contagious diseases among live stock 137 Leasing unallotted land, etc ,. 141 Granting use of Grand Junction School 143 Sale of land purchased by United States 144 ABIZONA AND NEW MEXICO. Support of Indians in Arizona and New Mexico 145 Indian school, Fort Mojave, Ariz 147 Indian school, Phoenix, Ariz 149 Indian school, Truxton Canyon, Ariz 152 Fulfilling treaties with Navajoes, schools 167 JKepeal in part, section 2, act .Tune 30, 1913 170 Maintenance irrigation system, Pima Indian lands 154 Irrigation system, Colorado River Reservation 159 Water supply for Papago Indian villages 165 Irrigation, Papago Indian Reservation 171 Water supply, Navajo Indians, Arizona 169 Irrigation, Gila River Reservation 175 Payment for water, Salt River allottees 180 Ganado Irrigation project , 181 Bridge across Little Colorado River 183 rALTFOKNIA. Support of Indians in California 185 Purchase of lands for landless Indians 191 Indian school. Riverside, Cal 191 Indian school. Fort Bidwell, Cal 195 Indian school, Greenville, Cal 197 in IV INDEX. Pagre. Irrigating allotm.ents, Yuma Reservation 194 Amending act June 17, 1892 200 Eoads and bridges, Fort Yuma Reservation, Cal 201 rLOEIDA. Support of Seminoles in Florida 202 IDAHO. Support of Indians of Fort Hall Reservation, Idaho 208 Maintenance, etc.. Fort Hall irrigation system 209 Support of Bannocks, Idaho 210 Support of Coeur d'Alenes, Idaho 211 Sanatorium, Fort Lapwai, Idaho 211 IOWA. Sanatorium, Sac and Fox Agency, Iowa 212 KANSAS. Indian school, Lawrence, Kans 215 Indian school, Kickapoo Reservation, Kans 217 LOUISIANA. Purchase of land, Chettimanchi Indians 219 MICHIGAN. Indian school, Mount Pleasant, Mich 221 MINNESOTA. Indian school, Pipestone, Minn 224 Support of Chippewa of the Mississippi, Minn 227 Tribal funds, Chippewa Indians, civilization and self-support 229 Tribal funds, Chippewa Indians, White Earth celebration 230 Advancement to individual Chippewa Indians 230 Mineral rights, Chippewa Indians : 233 Tribal funds, Chippewa Indians, high-school teachers 228 Tribal funds, Chippewa Indians, purchase land for burial purposes, Fond du Lac - 233 Patent to Northern Minnesota Conference. Methodist Episcopal Church 234 MISSISSIPPI. Investigation condition Mississippi Indians 235 MONTANA. Support of Indians, Fort Belknap Agency 237 Support of Indians, Flathead Agency 237 Support of Indians, Fort Peck Agency 238 Support of Indians, Blackfeet Agency 239 Irrigation system, Fort Belknap Reservation 240 Fulfilling treaties with Crows 242 Support of Northern Cheyennes and Arapahoes 243 Line riders. Northern Cheyenne Reservation 244 Support of Rocky Boys Band 245 Withdrawal, stock cattle, Blackfeet Reservation 246 Purchases of land, Flathead Reservation 247 Appraisal land, Flathead Reservation 249 NEBRASKA. Indian school, Genoa, Nebr 249 ITospital, Winnebago Agency, Nebr 252 IKDEX. NEVADA. Support of Indians in Nevada _ 253 Indian school, Carson City, Nev IZ_ZII _Z_I _ 253 Irrigation, Pyramid Lake Reservation, Nev I_I-__II I_ 257 Land and water rights, Washoe Tribe 259 NEW MEXICO. Indian school, Albuquerque, N. Mex 261 Indian school, Santa Fe, N. Mex III "___Z 264 Counsel for Pueblo Indians of New Mexico Z__ 266 Amending act of March 4, 1907, Jicarllla Reservation II 270 NEW TOKK. Fulfilling treaties with Senecas of New York 271 PnlfiUtng treaties with Six Nations of New York 271 NOETH CABOLINA. Indian school, Cherokee, N. C 273 NORTH DAKOTA. Support of Sioux of Devils Lake 275 Support of Indians, Fort Berthold Agency 275 Support of Chippewas, Turtle Mountain Band 276 Indian school, Bismarck, N. Dak 277 Indian school. Fort Totten, N. Dak 282 Indian school, Wahpeton, N. Dak 285 Redemption of mortgage, Starr McGillis 288 OKLAHOMA. Support of Wichitas and affiliated bands 290 Tribal funds (Apaches, Kiowas, and Comanches), agency and employees. 291 Tribal funds (Apaches, Kiowas, and Comanches), homesteads 292 Support of Cheyennes and Arapahoes 293 Support of Kansas Indians 294 Support of Poncas, Oklahoma 295 Support of Kickapoos, Oklahoma 294 Indian school, Chilocco, Okla 295 Fulfilling treaties with Pawnees 298 Support of Quapaws 300 Purchase of land. Fort Sill Apaches 301 Women's Board of Domestic Missions 303 Allotments to San-a-was and Peese 304 Right of way, Atchison, Topeka & Santa Fe Railroad 305 Funds, noncompetent Osage Indians 306 Amending act of June 28, 1906, and act of April 8, 1912 307 Extending period reservation, Osage oil and gas 308 rrVE CIVHJZED TBIBES. Administration affairs. Five Tribes 328 Per capita payment to Choctaws and Chickasaws 336 Probate attorneys, Five Tribes 337 Cherokee Orphan Training School 339 Indian schools, Five Tribes 343 Sale unallotted land, Five Tribes 347 Fulfilling treaties with Choctaws 350 Sanatorium, Choctaw and Chickasaw Indians 350 Oil and gas inspectors, Five Tribes 352 Purchase land for roadway, Choctaw Nation 354 Validity of leases. Five Tribes 354 VI INDEX. OEEGON. Page. Support of Indians, Klamath Agency ^^^ Support of Indians, Warm Springs Agency ^P^ Support of Indians, Umatilla Agency °^" Indian school, Salem, Oreg 356 Support of Indians, Grande Ronde and Siletz Agencies 359 Maintenance and operation, Modoc Point irrigation system 360 PENNSYLVANIA. Indian school, Carlisle, Pa . 363 SOUTH DAKOTA. Indian school, Flandreau, S. Dak 368 Indian school, Pierre, S. Dak 370 Indian school. Rapid City, S. Dak 372 Support of Sioux of different tribes, employees, etc 374 Education, Sioux Nation 375 Support of Sioux, Yankton Tribe 379 Asylum for insane Indians, Canton, S. Dak 879 UTAH. Support of confederated bands of Utes, employees, etc 381 Support of Indians in Utah 382 Tribal funds (confederated bands of Utes) 383 Support of confederated bands of Utes, seeds and employees 386 Irrigation, Uintah Reservation, Utah 386 W^ASHINGTON. Support of D'Wamish and other allied tribes 388 Support of Makahs 389 Support of Quinnaielte and Quillehutes 389 Support of Yakima Indians 390 Support of Colville and certain other Indians 390 Support of Spokanes 392 Irrigation system, Yakima Reservation 392 Indian school, Tacoma, Wash 395 Construction dam across Yakima River 397 Patent to Washington State Historical Society 399 Granting lands to school district 56 400 Allotment to Indian, Colville Reservation 400-401 Acceptance proof by C. M. Hickerson 400-401 WISCONSIN. Indian school, Hayvirard, Wis 401 Indian school, Tomah, Wis 403 Support of Ohippewas of Lake Superior, Wis 405 Support of Pottawatomies, Wisconsin 405 Support of Wisconsin band of Pottawatomies of Wisconsin and MIchigan_ 406 Amending section 3, act Mar. 28, 1908 408 Sale timber. Bad River and Lac du Flambeau Reservations 408 Leasing lands, Lac du Flambeau Reservation 408 Tribal funds, Menominee Indians 409 WYOMING. Support of Shoshones in Wyoming 4]^2 Indian school, Shoshone Reservation 4]^3 Support of Shoshones, employees, etc 4]^4 Irrigation system. Wind River Reservation ^iq Roads and bridges, Shoshone Reservation 4j^g Repairs, Fort Washakie 4jg Amending section 26, act June 30, 1913 4^9 INDIAN APPROPEIATION BILL. House of Representatives, Subcommittee of the Committee on Indian Aefaiks, Monday^ December 20, 1915. The subcommittee met at 10.30 o'clock a. m., Hon. John H. Stephens (chairman) presiding. There were also present Mr. Carter, Mr. Campbell, and Mr. Norton. The Chairman. Gentlemen, the purpose of our meeting this morn- ing is to take up the Indian appropriation bill before the subcom- committee for the purpose of having all of the estimates, justifica- tions, etc., printed so that they will be available to all of the members of the committee. STATEMENT OF MR. E. B. MERITT, ASSISTANT COMMISSIONER OP INDIAN AFFAIRS. The Chairman. Mr. Meritt, the first item in the bill is as follows : For the survey, resurvey, classification, and allotment of lands in severalty under the provisions of the act of February eighth, eighteen hundred and eighty- seven (Twenty-fourth Statutes at Large, page three hundred and eighty-eight), entitled "An act to provide for the allotment of lands in severalty to Indians," and under any other act or acts providing for the survey or allotment of Indian lands, $125,000, to be repaid proportionally out of any Indian moneys held in trust or otherwise by the United States and available by law for such reimburs- able purposes and to remain available until expended : Provided, That no part of said sum shall be used for the survey, resurvey, classification, or allotment of any land in severalty on the public domain to any Indian, whether of the Navajo or other tribes, within the State of New Mexico and the State of Arizona, who was not residing upon the public domain prior to June thirtieth, nineteen hundred and fourteen. Have you any justification to offer for this item ? Mr. Meritt. Mr. Chairman, we offer the following justification for this item : Surveying and allotting Indian reservations (reimbursable). Fiscal year ending June 30, 1916, amount appropriated $150,000.00 Fiscal year ended June 30, 1915 : Unexpended balance from previous years 89, 241. 57 Amount appropriated 150,000.00 239, 241. 57 Amount expended 146,344.39 Unexpended balance 92, 897. 18 3 4 IJSTDIAN APPEOPKIATIOK BILL^ ISl"?. Analysis of expenditures : Salaries, wages, etc $98, 783. 62 Traveling expenses 4, 963. 83 Transportation of supplies 1. 289. 0.5 Telegraph and telephone service 137. 17 Printing, binding, and advertising 1. 034. 66 Subsistence supplies 14, 388. 02 Forage 6, 425. 79 Fuel _- 159.95 Stationery and oflSce supplies 448. 83 Equipment, material, etc 14, 403. 56 Rent 48.00 United States Geological Survey expenses 1, 242. 38 Miscellaneous 3, 019. 53 146, 344. 39 Note. — Of the above expenditures, $79,410.26 was made by the General Land Office. Surveying and allotting Indian reservations (reimbursable) $125, 000 Salary of clerk and necessary traveling expenses of field agents in as- sisting Indians in the filing of proper applications for land on the public domain under the general allotment act of Feb. 8, 1887 (24 Stat. Li., 388), as amended, and under the agreement with the Tur- tle Mountain CMppewas, as ratified by the act of Feb. 21, 1904 (33 Stat. L., 189). The selections in many instances are located some- what remote from any Indian agency and it is often necessary to incur considerable expense in properly protecting the rights of ap- plicants. This work will also Include exa:minations of local land office record from time to time to ascertain just what Indian appli- cations are pending and what further steps are necessary in order that the Indian applicant may perfect title to the land in which he is interested. This work can be carried on during the fiscal year 1917 for the sum of 5, 000 Additional allotment work to unallotted children on various Sioux Reservations under authority found in sections 17 and 19 of the act of May 29, 1908 (35 Stat. L., 451). Said sections provide for al- lotments under the provisions of the act of Mar. 2, 1889 (25 tSat. L., 588), to any unallotted child of the Sioux tribe of Indians so long as the tribe to which such Indian children belong is possessed of any allotted tribal or reservation lands. The authority found in the act of 1908, supra, will embrace children born from time to time to members of the different Sioux tribes. This work can be carried on for the sum of 5, 000 In order to fully protect restricted Indians it is oftentimes necessary to detail on short notice a surveyor to reestablish allotment corners that have been lost or destroyed. Such work can be undertaken at a cost of 5,000 Additional allotment work on the Hoopa Valley Reservation, Cal., to some 400 Indians, as well as the adjustment of certain allotments already made. This work has been delayed for some years pending the completion of surveys, and the allotment work, when under- taken, will require ^ 10, 000 There are some 600 Indians to be allotted on the Duck Valley Reserva- tion, Nev., under the general allotment act of Feb. 8, 1887 (supra), as amended, and conditions, it is believed, will be such on the reser- vation that allotment work can be taken up in the fiscal year 1917 10, 000 Allotment work on the Zuni Reservation, N. Mex., has been deferred pending a further subdivisional survey of certain irregular lots into areas of approximately 5 acres. The survey work has been taken up by the General Land Office, and as soon as plats of survey are ap- proved the department will then be in a position to make irrigable allotments on said reserve of approximately 5 acres to each Indian. The irrigation project will eventually cover about 7,000 acres, and some 1,500 allotments will ultimately be made from such area. This work will require approximately 5 qq(j INDIAN APPKOPBIATION BILL, 1917. 5 Expense in connection with the aUotment work, such as for forage equipment, material, supplies, etc., will require 1 ' «in mn There will be needed of this amount ($125,000) the sum Vf"$75 000 for surveys by the General Land Office, as follows • Lower Brvle Reservation, S. Zm/c— Original survey corners ou this reservation have largely been obliterated or lost, and to carry on future field operations a resurvey should be made, which will cost approximately o kqq Fort Apache Reservation, 4rfc.— This res"ervat"ion co'ntafnTan'area of about 1,682 000 acres and has an Indian population of ap- proximately 3,000. Various local Irrigation systems have been installed and about 4,650 acres of reservation lands are suscepti- ble of irrigation. The Indians are asserting and observing family or individual holdings, and in order that they may be properly encouraged in establishing homes a subdivlsional sur- vey should be undertaken. Such survey will also facilitate the handling of timber matters. The cost of a complete survey has been estimated by the General Land Office at $148,489 and notwithstanding said amount can not be segregated at one time from the appropriation asked for the work could, however be started and additional money from the 1918 appropriation segre- gated to complete such survey. To start such a survey there should be segregated from the 1917 appropriation 71, 500 Total -L25, 000 With respect to the expenditure of this year's appropriations (surveying and allotting Indian reservations, reimbursable), the following is respectfully sub- Of the $150,000 made available, approximately $75,000 will be needed by the General Land Office for completing surveys on the following reservations : Indian pueblos. New Mexico. San Carlos, Ariz. Papago Reservation, Ariz. Southern Ute, Colo. Mission Reservation, Oal. Colville (town site), Wash. Warm Springs, Oreg. Makah, Wash. Hoopa Valley, Cal. Mescalero, N. Mex. UmatlUa, Oreg. Northern Cheyenne, Mont. Grand Portage, Minn. Uintah (allotment), Utah. Navajo Reservation (Ganada and Fort Berthold (town site), N. Dak. Cornfields), Ariz. Considerable field work in connection with these surveys has already been undertaken and such surveys will likely be concluded by next spring or early summer. From July 1 to December 1, 1915, allotments have been made and approved to approximately 3,900 Indians, involving an area of some 635,000 acres. Allotment work on the La Pointe Reservation under the act of August 1, 1914 (38 Stat. L., 582), was taken up during the past fall and about 550 allot- ment assignments have been made. It will be necessary, however, to make ad- ditional subdivlsional surveys, and field operations will be resumed in the spring. An allotting agent is now engaged in allotting the several bands or villages of Papago Indians in Pinal County, Ariz., and allotment work in that locality will likely be continued until spring. Allotment work on the various Sioux reservations under the act of March 2, 1889 (25 Stat. L., 888), and May 29, 1908 (35 Stat. L., 444-451), has been car- ried on during this fiscal year, and field operations will be resumed when weather conditions again become favorable. The act of 1908 (supra) provides for allotments to any unallotted children of the Sioux Tribe of Indians belong- ing on any of the great Sioux reservations so long as the tribe to which such Indian children belong is possessed of any unallotted tribal or reservation lands. Preliminary surveys on the Hoopa ValLey Reservation, Oal., it is believed, will be In such shape in the spring as will enable allotment work to be started on said reserve at that time. It has been found necessary to incur considerable expense in protecting the rights of applicants for land on the public domain under the act of February 8, 1^7 (24 Stat. L., 388), as amended; under the agreement with the Turtle 6 INDIAN APPROPKIATION BILL, 1917. Mountain Chippewas as ratified by the act of February 21, 1904 (33 Stat. L., 189), and under acts applicable to Indian homesteads. In addition to the foregoing, allotment corners on several reservations nave been reestablished, and it is highly necessary that work of this character be undertaken on certain Chippewa Reservations in Minnesota during the next field season. The accompanying table shows the reservations that have been opened, as well as those that have not. EESEEVATIONS OPENED. Kound Valley, Cal. Coeur d'Alene, Idaho. Lapwai, Idaho. I'otawatomi, Kans. Bois Fort, Minn. Deer Creek, Minn. Fond du Lac, Minn. Grand Portage, Minn. Leech Lake, Minn. White Oak Point and Chippewa, Minn Fort Peck, Mont. Flathead, Mont. Niobrara, Nebr. Devils Lake, N. Dak. Standing Rock, N. Dak. and S. Dak. Cheyenne and Arapaho, Okla. Iowa, Okla. Kickapoo, Okla. Kiowa and Comanche, Okla. Oakland, Okla. Ottawa, Okla. Pawnee, Okla. Peoria, Okla. Potawatomi, Okla. Sauk and Fox, Okla. Shawnee, Okla. Wichita, Okla. Wyandot, Okla. Siletz, Oreg. Lake Traverse, S. Dak. Yankton, S. Dak. Uncompahgre, Utah. Chehalis, Wash. PuyuUap, Wash. Spokane, Wash. RESERVATIONS PAETLT OPENED. Navajo, Ariz. Hoopa Valley, Cal. Ute, Colo. Fort Hall, Idaho. Red Lake, Minn. Crow, Mont. Omaha, Nebr. Walker River, Nev. Camp McDowell, Ariz. Colorado River, Ariz. Fort Apache, Ariz. Fort Mojave, Ariz. Gila Bend, Ariz. Gila River, Ariz. Havasupai, Ariz. Hopi, Ariz. Kaibab, Ariz. Papago, Ariz. Salt River, Ariz. San Carlos, Ariz. Walapai, Ariz. Digger, Cal. Mission, Cal. Palute, Cal. Tule River, Cal. Yuma, Cal. Seminole, Fla. Sauk and Fox, Iowa. Vermillion Lake, Minn. White Earth, Minn. Blackfeet, Mont. Fort Berthold, N. Dak. Cheyenne River, S. Dak. Pine Ridge, S. Dak. Rosebud, S. Dak. Uintah Valley, Utah. Colville, Wash. Wind River, Wyo. EESEEVATIONS NOT OPENED. [Containing surplus areas.] Fort Belknap, Mont. Northern Cheyenne, Mont. Sioux Additional, Nebr. Winnebago, Nebr. Duck Valley, Nev. Moapa River, Nev. Paiute, Nev. Yyramid Lake, Nev. Pyramid Lake, Nev. Mescalero Apache, N. Mex. Pueblos, N. Mex. Zuni, N. Mex. Alleghany, N. Y. Cattaraugus, N. Y. Oil Spring, N. Y. Oneida, N. Y. Onondaga, N. Y. St. Regis, N. Y. Tonawanda, N. Y. Tuscarora, N. Y. Klamath, Oreg. Umatilla, Oreg. Warm Springs, Oreg. INDIAN APPROPRIATION BILL, 1911. Crow Greek, S. Dak. Lower Brule, S. Dak. Goshute and scattered bands: guitch and Shlvwlts, Utah. Hoh River, Wash. Kalispel, Wash. Makah, Wash. Ozette, Wash. Quileute, Wash. Quinaielt, Wash. Pan- ShoarVi'ater, Wash. Yakima, Wash. Lac du Flambeau, Wis. La Pointe, Wis. Menominee, Wis. sufplSsTrfr- hav*eVoT1fJlirLenll?o«ed'"'^'" " ^^^-^""-^ -"t opened, containing EESERVATIONS CLOSED. [All lands practically allotted or otherwise reserved.] Pala, Cal. Chippewa and Jlunsee, Kans. Iowa, Kans. Kickapoo, Kans. Siiuk and Fox, Kans. Isabella, Mich. L'Anse, Mich. Ontonagon, Mich. Ottawa and Chippewa, Mich. Mdewakanton, Minn. Mille Lac, Minn. Ponca, Nebr. Turtle Mountain, N. Dak. Apache, Okla. Kansa or Kaw, Okla. Fort Sill Apaches, Okla. Modoc, Okla. Osage, Okla. Otoe, Okla. Ponca, Okla. Quapaw, Okla. Seneca, Okla. Grande Ronde, Oreg. Columbia, Wash. Klickitat, Wash. Lummi, Wash. Muckleshoot, Wash. Nisqualli, Wash. Port Madison, A\'ash. Skokomish, Wash. Snohomish, Wash. Squaxon Island, Wash. Swinomish, Wash. Lac Court Oreille, AVis. Red Cliff, Wis. Oneida, Wis. Stockbridge, Wis. Mr. Meeitt. You will observe, Mr. Chairman, we are asking for $25,000 less than was appropriated last year and in the previous year. The Chaiemajc. I notice you have the same language that you have in the original bill except that you cut out the following proviso : Provided further, That the surveys shall be made in accordance with the provisions for the survey and resurveys of public lands, including traveling expenses and per diem allowances in lieu of subsistance to those employed thereon. Mr. Meritt. That is permanent legislation, and it will not be necessary to have it incorporated in the bill for this year. The Chairman. Have you anything to offer in addition to your justification ? Mr. Meeitt. No, sir. Mr. Caetee. Mr. Meritt, does your justification give the amount of work done under this appropriation last year? Mr. Meeiti'. Yes, sir. Mr. Caetee. What allotments were made last year ? Mr. Meeitt. We have been making allotments on several reserva- tions. Mr. Caetee. What are they ? Mr. Meeitt. On the Pima Reservation and the Bad River Reser- vation we have been doing some allotment work Mr. Caetee (interposing). Will you give the States in which allotments were made ? 8 INDIAN APPEOPKIAIION BILL, 1917. Mr. Meeitt. The Pima Eeservation is in Arizona The Chaieman (interposing). Do you know the amount of work done there, or is that shown in your statement ? Mr. Meritt. The following statement shows the allotments ap- proved by the department during the last fiscal year : states and tribes or reservations Approved by the department. Made in the field, not yet approved. Number. Acreage. Number. Acreage. Arizona: 14 140 1,492 14,920 California: 1 160 Yuma 1 10 Idaho: Fort Hall ... 1,784 2 143 1 4 338,910 120 5,784 91 315 Michigan; Minnesota: Leech Lake Montana: Fort Peck 192 61,440 413 2 1 117 51,342 120 44 605 Nebraska: Nevada: Moapa River . - North Dakota: Fort Berthold 788 206,155 213 65 7 1 287 113 36,165 10,374 859 160 50,487 18,063 Turtle Mountain (public domain) Oklahoma: Fort Sill Apaches Warm Springs South Dakota: Pine Ridge 674 896 1 2,291 117,733 143,360 50 3 640 Utah: Washington: Colville 282,615 Yakima 1,364 157,203 Wyommg: Shoshone or Wind River 238 23,811 Total .... 4,635 671,546 6,473 850,094 The Chairman. And also where they were made and for what Indian tribes. Mr. Meeitt. We will be glad to have that included in the justi- fication. Mr. Carter. You started to give the amount of allotment work done last year, and I will ask you to insert that in the record at this point. Mr. Meritt. Mr. Chairman, we have submitted to the Speaker of the House of Representatives, in compliance with the provisions of the act of April 4, 1910, a statement of the cost of all survey and allotment work on Indian reservations for the fiscal year ended June 30, 1915. That will be found in House Document No. 143, Sixty- fourth Congress, first session. INDIAN APPROPRIATION BILL, 1917. 9 [House Document No. 143, Sixty-fourth Congress, first session.] Statement ok the Cost or All Subvey and Allotment Wobk on Indian Res- ervations FOB THE Fiscal Yeak Ended June 30, 1915. Department of the Interior, Washington, December 6, 1915. The Speaker of the House or Representatives. Sm: In compliance with the provisions of the act approved April 4, 1910 (36 Stat. L., 269-270), I have the honor to transmit herewith a statement of the cost of all survey and allotment worlt on Indian reservations for the fiscal year ended June 30, 1915. Respectfully, Franklin K. Lane, Secretary. Statement of cost of survey and allotment work, Indian Service, for the fiscal year 1915. [Act o( Apr. 4, 1910 (36 Stat. L., 269-270).] Allotment worlc. Survey work. Salaries and wages. Equip- ment, supplies, and miscella- neous. Total. Salaries and wages. Equip- ment, supplies, and miscella- neous. Total. Grand total. ASIZOITA. 8791.25 $211.34 61.25 $1,002.59 61.25 Leupp $4.33 $17.95 828. 00 $22.28 828.00 669. 49 176.50 6,257.66 83 53 828.00 Pima 3,210.00 384.81 3,594.81 669.49 4,264.30 176.50 176.50 3,237.21 San Xavicr - . - - 3,020.45 6,257.66 Total .... 4,001.25 657.40 4,658.65 3,694.27 4,259.66 7,953.93 12,612.58 CAUFOBNIA. 394.45 1 394. 46 394. 45 505.01 2,271.18 717. 77 2,995.63 1,222.78 5,266.81 1,222.78 Soboba .."'.. 5,266.81 Total - . 394.45 394. 45 2,776.19 3,713.40 6,489.59 6,884.04 COLORADO. Southern Ute (total) 3,343.12 2,220.86 5,563.98 5,563.98 IDAHO. 847.93 1847.93 5.25 5.25 853.18 MINNESOTA. Grand Portage (total) 67.34 67.34 67.34 MONTANA. Flathead 209.85 1,085.15 209.85 4,216.11 209.85 3, 130. 96 4,216.11 Total 3,130.96 1,295.00 4,425.96 4,425.96 NEVADA. 40.00 30.95 1.54.30 76.95 154.30 76.95 Western Shoshone (Duck Val- ley) 154.30 Total 40.00 1 191.25 231.25 231. 2.5 lU. S. Geological Survey examination and designation of land. 10 INDIAN APPEOPEIATION BILL, lOII. Statement of cost of survey and allotment work, Indian Service, etc. — Continued. Allotment work. StiTTey work. Salaries and wages. Equip- ment, supplies, and miscella- neous. Total. Salaries and wages. Equip- ment, supplies, and miscella- neous. Total. Grand total. NEW MEXICO. Jicarilla $105.00 $105.00 $2,383.10 16,089.20 468.00 $1,096.09 15,631.97 848.08 $3,479.19 31,721.17 1,316.08 $3,584.19 Pueblo 31,721.17 Zufli $33.65 33.65 1,349.73 Total 105.00 33.65 138.65 18,940.30 17,576.14 36,516.44 36,655.09 NOETH DAKOTA. Fort Berthold 1,959.33 736.44 2,695.77 34.66 1,491.17 '211.69 1,031.57 246.35 2,522.74 2,942.12 Standing Rock 2,522.74 1,015.00 286.76 1,301.76 1,301.76 Total 2,974.33 1,023.20 3,997.53 1,525.83 1,243.26 2,769.09 6,766.62 OREGON. 40.00 214.33 10.73 124.27 50.73 338.60 50.73 4,219.80 806.59 5,026.39 5,364.99 Total 4,219.80 806.59 ,'),026.39 254.33 135.00 389.33 5,415.72 SOUTH DAKOTA. 4,604.00 656. 00 5,151.67 3,855.50 621.27 5,225.27 656.00 5,866.37 3,999.92 19.90 19.90 5,245.17 656.00 714.70 144.42 27.05 27.05 5,893.42 3,999.92 14,267.17 1,480.39 15,747.56 46.95 46.95 15,794.51 UTAH. Uintali 60.70 832.50 60.70 2,246.81 60.70 1,414.31 2,246.81 Total 1,414.31 893.20 2,307.51 2,307.51 WASHINQTON. Colville 34,296.47 5,775.59 40,072.06 292.11 2,193.23 34.30 978.79 29.95 125.37 117. 79 326.41 3,172.02 29.95 540.86 298.58 40,398.47 Neah B ay 3,172.02 29.95 Taholah 415.49 180.79 540.86 YaWma 1,038.00 179.87 1,217.87 1,516.45 Total . .... 35,334.47 6,955.46 41,289.93 3,081.62 1,286.20 4,367.82 45,657.75 -WISCONSIN. La Pointe (total) 1,597.34 346. 43 1,943.77 1,943.77 "WTOMINQ. 4,998.33 2,202.62 7,200.95 7,200.95 MISCELLANEOUS. General and miscellaneous ex- 1,390.94 62,292.96 849. 20 2,240.14 40.00 2,256.67 2,295.67 4,535.81 12,115.61 74,408.57 44,836.60 37,670.89 82,507.49 156,916.06 INDIAN APPKOPEIATION BILL, 1911. 11 Allotments approved by the department during the fiscal year ended June 30, WIS, and made in the field. states and tribes or reservations. Approved by the department. Made in the field. Not yet approved. Number. Acreage. Number. Acreage. Arizona: Colorado River 14 140 Gila River 1,492 14,920 California: Public dontain 1 160 Yuma 1 10 Idaho: Fort Hall 1,784 2 143 1 4 338,910 120 5,784 91 315 Micbigan: L'Anse and Vieux d'Sert Minnesota: Fond du Lac Leecb Lake Nett Lalce (Bois Fort) Montana: Fort Peck 192 61,440 Turtle Mountain (public domain) 413 2 1 117 51,342 120 44 605 Nebraska: Omaha Santee Nevada: MoapaRiver " North Dakota: FortBerthold 788 206,165 Standing Rock 213 65 7 1 287 113 36,155 10,374 859 160 50,487 18,063 Oklahoma: Fort Sill Apaches South Dakota: Cheyenne River Crow Creek 574 896 1 2,291 117,733 143,360 50 3 640 Wasliington: 282,615 Yakima 1,364 157,203 Wyoming: phophonft or Wind River , 238 23,811 Total 4,535 671,546 6,473 850,094 The Chairman. I notice on page 8 of the hearings of last year, held December 9, 1914, beginning at the top of that page, you state the reservations separately and the amount of money that was expended on each one of those reservations. Can you give us a statement of that kind for this year's work ? Mr. Meritt. Yes, sir ; we have that in our justification. The Chairman. In examining House Document 143, just referred to, I do not find the kind of statement that I find on page 8 of the hearings of last year. The statement there given is a more complete statement than the one in the document just referred to. Mr. Meritt. This is in the form of a table that we have submitted, and, of course, is necessarily more condensed. The justification shows where we expect to expend this appropriation and for what purposes. Mr. Carter. Mr. Meritt, you have not yet given what I asked for. I wanted to know how much actual allotment work had been done. This item here carries an appropriation for surveys, resurveys, classi- fication, and allotment. , Now, I would like to be able to answer the question on the fioor of the House, if anyone asks it, how much was spent for each one of those purposes and the amount of work that has been done in the last fiscal year. 12 INDIAN APPEOPEIATION BILL, 1917. Mr. Meeitt. The report we have submitted shows that out of this appropriation we paid for salaries and wages $62,292.96 ; for equip- ment, supplies, and miscellaneous items, $12,115.61; making a total of $74,408.57 for allotment work. On survey work we spent tor sal- aries and wages $44,836.60; for equipment, supplies, and miscella- neous items, $37,670.89; a total of $82,507.49, making a grand total of $156,916.06. The table of allotments approved by the department during the fiscal year ended June 30, 1915, shows that there were allotments made to 4.535 Indians, and the total acreage allotted was 671,546. The Chairman. What was the unexpended balance under this appropriation ? . . Mr. Meriot. The unexpended balance was $92,897.18. That is about the same amount as has been carried for several years. This is a continuing appropriation. Mr. Carter. Mr. Meritt, what is meant by the' word " classifica- tion " in the bill ? Mr. Meritt. We have three classes of lands — irrigable lands, agri-- cultural lands, and grazing lands. This is for the purpose of classi- fying the lands to be allotted to Indians. Mr. Carter. How much was spent for classification last year ? Mr. Meritt. A very small amount. We do not keep a separate account of that. Mr. Carter. Do you carry that in with the amount spent for sur- vey or allotment? Mr. Meritt. With the amount spent for survey. Mr. Norton. Why do you estimate that $125,000 will be used next year? On what do you base that estimate? Mr. Meritt. We feel we will not need $150,000, because the allot- ment work is gradually decreasing. We will use half of this ap- propriation, approximately, for survey work and the other half for allotment work. Mr. Norton. As a matter of fact, you could get along with $75,000, could you not ? Mr. Meritt. No, sir ; because we will need at least $75,000 for sur- vey work, and if we had only an appropriation of that amount we would not have any money for allotment work. Mr. Norton. You have an unexpended balance of how much? Mr. Meritt. Approximately $90,000. We have had that balance every year. This is continuing work, and the appropriation is con- tinuing. Mr. Norton. Why do you carry such a large balance? What is the necessity for that? • Mr. Meeitt. Some years we expend more than the amount appro- priated, and for that reason it is necessary to have a working balance. The Chairman. I will call Mr. Norton's attention to the fact that several months is yet to elapse before the beginning of the next year, and you would need that unexpended balance for that period, would you not? Any work to be completed between now and the beginning of the next fiscal year would have to be paid for out of this unexpended balance ; is that correct ? Mr. Meritt. This was the unexpended balance that was available the first of the year, and it is because of this unexpended balance that we reduced the request for appropriation from $150 000 to INDIAN APPEOPKIATION BILL, 1917. 13 $125,000, although we have had a simihir imexpended balance here- tofore. The Chairman. Then why not deduct the unexpended balance from the amount you had last year if the work is decreasing? Mr. Meritt. The work is gradually decreasing so far as allot- ments are concerned, but we find no decrease in the survey work. A number of the reservations have not been surveyed, and it is im- portant that we survey those reservations as soon as we have funds available for that purpose. Mr. Norton. Have you any accurate or approximately accurate estimate of the amount of money to be used in the fiscal year 1917 ? Mr. Meritt. We have a statement here in our justification justify- ing $125,000 as the amount we will expend. The Chairman, You have an unexpended balance of something like $80,000. Would it not be safe then to deduct that $80,000 from the $150,000, the amount appropriated last year? Mr. Meritt. No; we would prefer to have our unexpended bal- ance to meet any emergencies that might come up. Mr. Carter. You have an unexpended balance of $89,241.51. Mr. Norton. Mr. Meritt, what is that estimate based on, if I may ask? Mr. Meritt. It is based on the reports of our field people as to the most urgent needs that should be met during the coming fiscal year. Mr. Norton. As a matter of fact, that is just an informal state- ment or guess at how much you will probably need. Mr. ISmritt. This is a tentative outline of the expenditure of the appropriation that will be made provided our estimates are appro- priated. Mr. Carter. Mr. Meritt, I notice you had last year an unexpended balance of $75,855.49. This year you have a larger unexpended balance by about $14,000 ; that is, for the year ended June 30, 1915. How is it that so much of that money remains unexpended six months after the time for which it was actually appropriated has expired ? Mr. Meritt. Simply because we are expending that money all dur- ing the fiscal year and most of our allotment work is done begin- ning in the early spring, and they Avork all during the spring and summer months. Mr. Carter. But this balance is for the year ended June 30, 1915, and that year expired some six months ago. Mr. Meritt. Yes ; there has always been an imexpended balance in this appropriation. Mr. Carter. Yes; this is one of those appropriations, I under- stand, which remains available until expended. Mr. Meritt. Yes, sir. Mr. Carter. Do you not think the better way to appropriate this, money would be to appropriate what you need for a fiscal year and not allow it to be expended Avithout a reappropriation by Congress? Mr. Meritt. We would prefer, of course, to have it a continuing appropriation. Mr. Carter. But do you not thing the other way would be a more economical plan and give Congress a better line on the actual ex- penditure of the money ? 20527—16 2 14 INDIAN APPEOPEIAIION BILL^ 1911. Mr. Meritt. Of course, it would give Congress more direct author- ity over the expenditure of the funds. . Mr. Carter. Is there any good reason why this appropriation should not stand on a parity with the other appropriations and ter- minate with the end of the fiscal year ? Mr. Meritt. There is not as much reason for this appropriation to be continuing as for some other appropriations; for example, irriga- tion work, where it is necessary that the construction work be con- tinued from one year to another. The Chairman. Mr. Meritt, is it not a fact that the continuing appropriations are those like the irrigation appropriation, for in- stance, where you have made contracts and they are not completed, by the end of the fiscal year, and it is necessary to have the money available on the completion of the contract ? Mr. Meritt. Yes, sir. The Chairman. That reason does not obtain in this instance, does it ? Mr. Meritt.' No, sir; not so strongly as in the case of irrigation work. The Chairman. "We will pass to the next item, as follows : For the construction, repair, and maintenance of ditches, reservoirs, and dams, purchase and use of irrigation tools and appliances, water rights, ditches, lands necessary for canals, pipe lines, and reservoirs for Indian reser- vations and allotments, and for d;-ainage and protection of irrigable lands from damage by floods, or loss of water rights, including expenses of necessary surveys and investigations to determine the feasibility and estimated cost of new projects and power and reservoir sites on Indian reservations in accord- ance with the provisions of section thirteen of the act of June twenty-fifth, nineteen hundred and ten, $250,000, reimbursable as provided in the act of August first, nineteen hundred and fourteen, and to remain available until expended : Provided, That no part of this appropriation shall be expended on any irrigation system or reclamation project for which specific appropriation Is made in this act or for which public funds are or may be available under any other act of Congress ; for pay of one chief inspector of irrigation, who shall be a skilled irrigation engineer, $4,000 ; one assistant inspector of irrigation, who shall be a skilled Irrigation engineer, $2,500; for traveling and Incidental expenses of two inspectors of irrigation, including sleeping-car fare and a per diem of $3 in lieu of subsistence when actually employed on duty in the field and away from designated headquarters, $3,200 ; in all, $259,700 : Provided also, That not to exceed seven superintendents of irrigation, six of whom shall be skilled irrigation engineers and one competent to pass upon water rights, and (jne field-cost accountant may be employed. What justification have you to offer for this item? Mr. Meritt. We offer the following justification for this item, Mr. Chairman. Irrigation, Indian reservations (reimbursable). Fiscal year ending June 30, 1916, amount appropriated $345, 700. 00 EHscal year ended June 30, 1915 : ' Unexpended balance from previous years 122 624. 42 Amount appropriated 345' rjoQ qq 468,324.42 Amount expended , 3gg ^Qg gg Unexpended balance 109 g2o 54 INDIAN APPKOPBIATION BILL, 1917. 15 Analysis of expenditures: Salaries, wages, etc $258, 842. 15 Traveling expenses 14_ 804. 81 Transportatoin of supplies 3] 534! 48 Telegraph and telephone service 424. 44 Printing, binding, and advertising 732. 56 Forage 2, 281. 80 Fuel 1, 629. 29 Stationery and office supplies 871. 95 Equipment, material, etc 51, 683. 48 Rent 428.10 Seventh and eightli annual installments for building and op- eration and maintenance charges, Truckee-Oarson project-. 14, 736. 65 United States Geological Survey, gauging stations, measuring flow of streams, etc 4, 607. 93 Irrigation assessments, Salt River 1, 014. 65 Miscellaneous 3, 062. 09 This is the appropriation to pay for the general work of irrigation upon Indian reservations for which no funds are available from specific appropria- tions. There are more than SO irrigation projects of greater or less extent which at various times require expenditures for construction, repairs, and maintenance from this fund. In addition, surveys, investigations, and reports upon new projects and water-power resources of various Indian reservations, and the salary and expenses of the chief and assistant chief engineer, the field-cost accountant, and district engineers (superintendents of irrigation), are all paid from this fund, except the district engineers, when engaged upon work for which the special appropriations are available. Anj' repairs due to natural depreciation or to unexpected floods or other disasters upon most of the Indian reservation Irrigation projects are paid from this fund. Occasionally some unforeseen failure may cause a complete tie-up of irrigation upon which altogether many thousands of Indians are dependent for a livelihood. For this reason a large reserve is always kept available, and the appropriation is made continuing, so that in those years with no great floods or other catastrophes there may be accumulated a sufficient balance to tide over the years of general storms or troubles. ^,,- , i Some of the reservations upon which expenditures were made from this tuna during the fiscal year ended June 30, 1915: „ ,4. i^- ts „ Arizona : Ak Chin village, Fort Apache, Gila River, Papago, Salt River, San Carlos, Western Navajo, Navajo. California: Hoopa Valley, Round Valley, Cahuilla, Bishop and Owens Valley, Campo, Palm Springs, Mesa Grande, Mission Creek, Morongo, Pala, Rmcon, Soboba, Torres, Tule River, Tuolumne, San Pasqual, Santa Rosa. Colorado: Southern TJte. Idaho : Fort Lapwai, Kootenai River, Western Shoshone. Minnesota : Nett Lake. Montana: Tongue River, Fort Belknap. w,ivor Tiiver Nevada: Carson Sink, Moapa, Fort McDermitt Pyramid Lake Walker River. New Mexico : Laguna, Mescalero, Santa Ana, San Ildefonso, Taos, Zia, Zuni. Oklahoma: Chilocco, Fort Sill. Oregon: Umatilla, Warm Springs, Klamath. Utah: Shivwits. „ „ , Washington: Colville, Muckleshoot, Taklma, Spokane. Wisconsin: La Pointe, Oneida. Wyoming: Wind River, ceded. 101= %„<- h^m iS^nS- The expindlture from this fund during the fiscal year 1915 has been fo8 703.88, and there has already been authorized f^'. efpenditure durmg me present fiscal year $325,040, beside other Profcts which It ^^ °°w ™n wiu require expenditures from this fund to keep them in P^0Pf,^<=°°^^7''These a^^ th^ Indian lands with water but not yet having funds authorized. These a^ all In addition to any unforeseeable co'iti'^genaes It is therefor^^ thnf (-hP amount herein requested is considerably below the average expeuui tnvl Cthrwork but U is believed that other special Irrigation appropriations Tre eien morrurgentty n^^^ and in order that these others may receive the 16 INDIAN APPEOPEIATIOK BILL, 1917. most favorable consideration, the amount requested for " Irrigation, Indian reservations," is reduced to the minimum. The estimated expenditures from the funds requested for 1917 will be for the following : Irrigation district No. 1 (Oregon, Washington, and northern Cali- fornia) : Klamath Reservation — Irrigation investigations *^' 000 Repairs and maintenance, agency project 5, 000 Round Valley, drainage and protection 5, 000 Office superintendent irrigation district No. 1, proportion for irri- gation, Indian reservations, reimbursable 3, 000 Salary and expenses of superintendent of irrigation, proportion for irrigation, Indian reservations, reimbursable 3, 000 Miscellaneous surveys and investigations 5, 000 26, 000 Irrigation district No. 2 (Idaho, Nevada, and Utah) : Moapa River Reservation, repairs and maintenance 500 Shivwits Reservation, water rental payment and maintenance 1, 000 Walker River Reservation, construction, maintenance, and repairs- 9, 600 Western Shoshone, construction, maintenance, and repairs 11,160 Office superintendent irrigation district No. 2, proportion for Irri- gation, Indian reservations, reimbursable 2, 320 Salary and expenses of superintendent of Irrigation, proportion for irrigation, Indian reservation, reimbursable 3, 000 Miscellaneous surveys and investigations, district No. 2 2, 000 29, 580 District No. 3 (Montana, Wyoming, and South Dakota) : Tongue River Reservation, repairs and maintenance 2, 000 Wind River Reservation, ceded, repairs and maintenance 12, 000 Office expenses, district No. 3, proportion from Irrigation, Indian reservations, reimbursable 2, 000 Salary and expenses, superintendent of irrigation 2, 000 Miscellaneous surveys and investigations, district No. 3 3, 000 21, 000 District No. 4 (central and southern California and Arizona) : Fort Independence, maintenance and repairs 3, 000 Gila River Reservation, maintenance and repairs, and extension of various Indian ditches 25, 000 Salt River Reservation, maintenance and repairs 10, 000 Office superintendent of irrigation, district No. 4, proportion from Irrigation, Indian reservations, reimbursable 8, 000 Salary and expenses superintendent of irrigation, district No. 4, proportion from Irrigation, Indian reservations, reimbursable 5, 000 Miscellaneous suveys and investigations, southern California 5, 000 Miscellaneous surveys and investigations, Arizona 5,000 Miscellaneous repairs, maintenance, and extensions in southern California g qOO Miscellaneous repairs, maintenance, and extensions, Arizona 5] 000 71, 000 District No. 5 (northern Arizona, New Blexlco, and Colorado) : Navajo Reservation, miscellaBeous repairs, maintenance and ex tension '_ ^„ „,„ Pine River Valley, repairs, maintenance, and extension__^__ W qoO Pueblos, repairs, maintenance, and extension 2 I If;' 000 San Juan project, Navajo Reservation, maintenance and repairsll 20 000 Office superintendent of irrigation, district No. 5, proportion from Irrigation, Indian reservations, reimbursable „ rnn INDIAN APPEOPBIATION BILL, lOlT. 17 District No. 5 — Continued. Salary and expenses superintendent (if irrigation, district No. 5, proportion from Irrigation, Indian reservations, reimbursable $4, 000 Miscellaneous surveys and investigations 5. 000 Zunl Reservation, maintenance, repairs, and extensions 5, 000 75, 500 Legal superintendent of irrigation, salary and exi^enses 6, 000 Mechanical superintendent of irrigation, salary, per diem, and expenses, 5, 000 (^liief and assistant chief engineer, salary, per diem, and expenses 10, 700 Salary and expenses field-cost accountant 3, 500 Reserve for miscellaneous and unforeseen expenses 11,420 Grand total 259, 700 KLAMATH EESEEVATION AGENCY PKOJECT. Indian tribes, Klamath, Modoc, Paiute, and Pitt River. Number of Indians, 1,145. Area of reservation, 1,019,176 acres. Area irrigable from constructed works, 3,780 acres. Area actually irrigated, 400 acres. Area farmed by Indians, 400 acres. Area of whole project, 7,000 acres. Cost of irrigation construction, $19,220.95. Estimated additional cost to complete, $31,000. Estimated cost of irrigation per acre, $7.50. Average value of irrigated land per acre, $45. Average annual precipitation, 20 inches. Source of water supply. Fort Creek, Crooked Creek, siirin.ns. Miirket for products, local (good). Distance from railroad, 7 miles. Klamath Reservation, Oreg., agency project $-5. 000 The agency project was Initiated many years ago, planned to cover even- tually about 7,000 acres of land. During the fiscal year just past tlie system which had never been in first-class shape, was overhauled and rebuilt, so that nearly 400 acres of land are now being properly irrigated. The sum here re- quested will maintain and improve the worlce now being used and make such extensions as are found necessary to supply the needs of the Indians. KLAMATH EESERVATIOX, OKEG. Indian tribes, Klamath, Modoc, Paiute. Number of Indians, 1,145. Area of reservation, 1,019,176 acres. Area of projects initiated, 14,000 acres. -.nAonn nr.,-ps ISstimated area of additional feasible projects, 104,000 acies. Klamath-Reservation, Oreg., miscellaneous'surveys $5,000 whicli are now threatened l)y private corporations. KOUND VALI.ET, CAT,. Indian trities, Concow, I'omo, .and Kipomo. Number of Indians, 1,529. Area of reservation, 78,797 acres. Area actually farmed, 1,327 acres. Area actually farmed by Indians, 1,327 acres. ^^f c^^p^JS^iTa^^rsSveys, and investigations, $11,647. 18 INDIAN APPEOPEIATIOSr BILL, 1917. Additional cost to complete, $30,000. Cost per acre for reclaiming land, $8. Average value of protected land per acre, $150. Annual precipitation, 40 inches. Market for products, local (good). Round Valley Reservation, Cal., Round Valley project ?5, 000 Owing to the heavy winter rains, the creeks crossing the agricultural portion of this reservation are gradually eroding the good land and covering otlier parts with gravel. The water remains on the land so late in the spring that at least half of the 5,000 acres of allotted agricultural land can not be farmed, and the other half is farmed with only partial success. The amount requested, $5,000, will provide for patrol and protection to maintain the dikes and stream-bank improvements which are being constructed this present season. The first season for such works is the most critical, and they will doubtles need strengthening and enlarging at certain points as indi- cated by use. Office of superintendent of irrigation, district No. 1 $3, 000 The superintendent of irrigation in charge of district No. 1 has his head- quarters in North Yakima, Wash., and supervises work of Indian irrigation in the States of Washington, Oregon, and the northern third of California. The funds here requested are to pay his salary, traveling and incidental expenses at such times as he is engaged upon the supervision of work for which no specific appropriation is made, or is engaged upon preliminary surveys and investigations on any of the many reservations included within his district. Office of superintendent of irrigation, district No. 1 $8, 000 This amount is to pay the proportional expense of salaries of clerk and other employees imder the office of the superintendent of irrigation, properly charge- able to " Irrigation, Indian reservations." The office force attends to the dis- bursing of much of the funds for irrigation construction, operation, and main- tenance, collections for water payments, preparation of cost records, making purchases, and other detail work in connection with the activities of the super- intendent of irrigation and his staff. Miscellaneous surveys and investigations, district No. 1 $5, 000 This amount is needed to pay salary and expenses of survey parties on the investigations of water resources, possible power developments, investigations of encroachments upon Indian water rights, preparation of reports upon various allied subjects on the Indian reservations included in district No. 1. MOAPA EIVEK EESEKVATION, NEV. Indian tribe, Moapa, Piute. Number of Indians, 119. Area of reservation, 1,100 acres. Area irrigable from present constructed works, 300 acres. Area actually irrigated, 240 acres. Area farmed by Indians, 240 acres. Area of whole project, 625 acres. Cost of irrigation construction, $9,945.35. Cost of irrigation operation, maintenance, and miscellaneous, $322 99 Estimated additional cost to complete project, $3,000. Estimated total cost of irrigation per acre, $21. Average value of irrigated lands per acre, $125. Average annual precipitation, 4 inches. Source of water supply, Moapa River. Market for products, local (excellent). Moapa River Reservation, Nev., repairs and maintenance (requested 1917) $500 Although most of the work for this project is done by the Indians themselves it is sometimes necessary to employ laborers at wages, and a few purchases in connection with the work are necessary each year. It is very desirable that all possible assistance and encouragement be e-iven these Indians, as the water rights are disputed, and their use of tlie witAr mnv strengthen their claims. "^ INDIAN APPROPRIATION BILL, 1917. 19 SHIVWITS BESERVATION, UTAH. Indian tribes, Paiute. Number of Indians, 113. Area of reservation, 26,270 acres. Area irrigable from constructed works, 70 acres. Area actually Irrigated, 70 acres. Area farmed by Indians, 70 acres. Area of whole project, 300 acres. Cost of irrigation construction, $1,231.41. Estimated additional cost to complete project, $2,000. Estimated total cost of irrigation per acre, $11. Average value of irrigated land per acre, $50. Average annual precipitation, 12 Inches. Source of water, local streams. Market for products, local (fair). Distance from railroad, 60 miles. Shivwits Reservation, Utah $1, OOO This reservation has 200 acres of land under the St. George & Santa Clara Bench Irrigation Co.'s ditch, which needs leveling and clearing. The sum re- quested is for payment of water rentals and for material for construction and repair of ditches. WALKEB BIVEB RESERVATION, NEV. Indian tribe, Paiute. Number of Indians, 539. Area of reservation, 49,680 acres. Area irrigable from constructed works, 2,500 acres. Area actually irrigated, 1,130 acres. Area farmed by Indians, 1,094 acres. Area farmed by lessees, 18 acres. Area farmed by white owners, 18 acres. Area of whole project, 6,000 acres. Cost of irrigation construction, $103,647.65. Cost of irrigation operation and maintenance, and miscellaneous, $13,223.13. Estimated cost, additional, to complete project, $90,000. Total cost of irrigation, $33 per acre. Average value of irrigated lands, $50 per acre. Average annual precipiation, 4 inches. Source of water supply. Walker River. Market for products, local (good). Distance from railroad, through project. Walker River Reservation, Nev., estimated cost, 1917 $9,600 This item is intended to cover the expenses of the regular organization, con- sisting of assistant engineer, supervisor of ditches, rodmau, and chainman, engaged in the maintenance of the present constructed ditches, new construc- tion, etc., and includes salaries and wages, equipment, material, and transpor- tation necessary for the Walker River project. This reservation is the home of 539 Indians. The irrigation system has been in progress of construction for several years, the original plans contemplating the irrigation of several thousand acres. The Indians cultivated 1,135 acres in 1915, and are making progress iu the use of the irrigation project and conse- quent agricultural activities. The project covers about 2,500 acres of laud, and as the water supply is not abundant the most careful construction and opera- tion and maintenance are needed to supply as large an area as possible. WESTERN SHOSHONE, NEV. Indian tribes, Piute and Shoshone. Number of Indians, 602. Area of reservation, 365,000 acres. Area irrigable from constructed works, 2,500 acres. Area actually irrigated, 522 acres. Area farmed by Indians, 522 acres. Area of whole project, 25,000 acres. Cost of irrigation construction, $38,474.87. Cost of irrigation operation, maintenance and miscellaneous, $4,8b9.3b. 20 iXDiAsr appeopbiatiojst bill, 1917. Estimates (or total cost of construction being prepared. Average value of irrigated land, $40 per acre. Average annual precipitation, 10 Inches. , , ^ Source of water supply, Owyliee River. Market for products, locai ana general (good). Distance from railroad, 110 miles. Western Shoshone Reservation, Ney., requested for 1917 $11' 160 The work contemplated on this reservation calls for a complete irrigation system, the surveys of which require the services of a field party, as lollows: Assistant engineer, 2 rodmen, 2 chainmen, 1 teamster, 1 cook. . ^.4. ^ This project is 110 miles from the railroad and all supplies must be treighted this distance by the Indian freighters, at $1.50 per hundred. The estimate in- cludes telegraph and telephone expenses, fuel, forage, equipment for use of the survey party, Including surveying instruments and kitchen and camp equipment intended to supplement the equipment on hand ; salaries and wages, and ma- , terial for construction and repairs. The irrigable land of the reservation is being determined, as well as the best plan for irrigating the land, location of reservoirs, and other factors entering into the problem of irrigation for this reservation. The Indians of this reservation are industrious, and those who have water are making good progress in their farming. It is believed that with Irrigation this will be a fine grain country, and it is suggested by the field officer that a flour mill should be installed as an incentive to the raising of grain. The present area which may be irrigated is approximately 2,500 acres, and the funds here requested will not only cover the cost of surveys and investiga- tions for the larger project, but properly maintain and repair the small system now being used. Salary and expenses superintendent of irrigation district No. 2 .^SiOOO The superintendent in charge of irrigation district No. 2 has his headquarters at Salt Lake City, Utah, and supervises work of Indian irrigation in the States of Idaho, Utah, and Nevada. The funds here requested are to pay his salary, traveling, and Incidental expenses at such times as he is engaged upon the supervision of work for which no specific appropriation is made or is engaged upon r)relirainary surveys and investigations on any of the reservations included within his district. Office expenses, district No. 2, requested, 1917 $2, 320 This sum includes salaries and wages, traveling expenses, telegraph and tele- phone servici^ equipment, and miscellaneous expenses necessary for the main- tenance of the office of the uperintendent of irrigation at Salt Lake City, and is the estimated proportion chargeable against the general irrigation appro- priation. District No. 2 includes all the Indian irrigation work in the States of Utah, Nevada, and Idaho. Miscellaneous surveys and investigations, district No. 2 $2, 000 This amount is needed to pay salaries and expenses of survey parties on the investigation of water resources, possible power developments, investigations of encroachments upon Indian water rights, and preparation of reports upon various allied subjects on the Indian reservations included in district No. 2. TONGUE RIVER RESERVATION, MONT. Indian tribe. Northern Cheyenne. Number of Indians, 1401. Area of reservation, 460,000 acres. Area irrigable from constructed works, 2,000 acres. Area actually irrigated, 600 acres. Area farmed by Indians, 600 acres. Area of whole project, 7,000 acres. Cost of irrigation construction, $120,233.07. Cost of irrigation operation, maintenance and miscellaneous, $19,298.54. Estimate of additional cost to complete project not yet made. Average value of irrigated lauds, $50 per acre. Average annual rainfall, 15 inches. INDIAN APPKOPKIATION BILL, 1917. 21 Source of water supply, Tongue and Hosebud Rlvei's. Market for products, local (good). Distance from railroad, 60 miles. Tongue River Reservation, Mont $2, 000 The item covers wages of Irregular labor, teams, and materials needed to clean and repair the ditches of this system and keep it in working condition ; also the payment of the salary of the ditch rider, which position is absolutely necessary for the protection and supervision of the system. Ceded portion Wind River Reservation, Wyo $12, 000 This amount Is needed for the continuation of construction, improvement, and extensiojn of existing ditches and the construction of Indian ditches to irrigate the various Indian allotments upon the former Wind River Reservation. Most of the systems now in use were more or less largely constructed by the Indian allottees themselves, but to thoroughly secure their water rights and keep the systems in first-class operating condition it is necessary for the Gov- ernment to undertake the more expensive and difficult construction. The principal systems upon which this fund will be spent are the Le Clair ditch, covering 7,000 acres, the Kinnear system, and for several smaller ditches supplying one or more families. Altogether nearly 35,000 acres have been allotted on the ceded portion of the reservation, and practically the total of this area must be irrigated to make it of any value. Office of superintendent of irrigation district No. 3 $2, 000 This amount is to pay the proportional expense of salaries of the clerk and other employees coming under the office of the superintendent of irrigation that are properly chargeable to " Irrigation, Indian reservations." The office force attends to the disbursing of much of the funds for irrigation construction, operation, and maintenance ; collections for water payments, preparation of cost records, making purchases, and other detail work in connection with the activities of the superintendent of irrigation and his staff. Salary and expenses superintendent of irrigation district No. 3 $2, 000 The superintendent of irrigation in charge of irrigation district No. 3 has his headquarters at Billings, Mont., and supervises work of Indian irrigation in the States of Montana and Wyoming, with occasional details to South Dakota. The funds here requested are to pay his salary, traveling and incidental ex- penses at such times as he is engaged upon the supervision of work for which no specific appropriation is made, or is engaged upon preliminary surveys and investigations on any of the reservations included within his district. Miscellaneous surveys and investigations, district No. 3 $3, 000 This amount is needed to pay salaries and expenses of survey parties on the Investigation of water resources, possible po\^er developments, investigations of encroachments upon Indian water rights, and preparation of reports upon various allied subjects on the Indian reservations included ni district No. 6. OWENS VALLEV, FORT INnEPENDBNCE PKOJECT, CAL. Indian tribe, Paiute. Number of Indians in whole valley, 1,355. Area of tract, 320 acres. Area irrigable from constructed works, 50 acres. Area actually irrigated, 50 acres. Area of whole project, 175 acres. Cost of irrigation construction, $3,380.35. Estimated additional cost to complete project, ^S,W(). Total cost of irrigation per acre, .$14. Average value of irrigated land per acre, $150. Average annual precipitation, 5 inches. .<.„,. ^,.„,i,,r.t« incnl general Sourcl of water supply, Oak Creelc. Market for pioducts, local, general (good). Distance from railroad, 8 miles. Port Independence Reservation, Oal * ' This tract of land consists of 320 acres in the Owens Valley, about 100 acres of wWch has been irrigated in the past by the Indians living thereon. 22 INDIAN APPKOPBIATION BILL, 191*7. This is one of the small reservations in California where the water rights of the Indians must be conserved if they are to make any progress in the agri- cultural line or, indeed, if they are to have the means of subsistence, f'^^^ work has been done during the past fiscal year and some land cultivated, but the supply thus provided will only cover about 50 acres of the azO. ine riecessity for the work is apparent. GILA EIVEE BESEKVATION, CASA BLANCA PROJECT, AKIZONA. Indian tribes, Pima and Maricopa. Number of Indians, 3,800. Area of reservation, 361,000 acres. • Area irrigable from constructed works, 6,000 acres. Area actually irrigated, 3,300 acres. Approximate area of whole project, 35,000- acres. Cost of irrigation construction, $24,079.28. Cost of irrigation operation, maintenance, and miscellaneous, $1,793.59. Estimated additional cost to complete project, $650,000. Estimated total cost of irrigation per acre, $20. Average value of irrigated land, per acre, $150. Average annual precipitation, 9 inches. Source of water supply, Gila River and underground. Market for products, local and general (excellent). Distance from railroad, 10 miles. Gila River Reservation : Casa Blanca project, Arizona $25, 000 This project embraces about 35,000 acres of irrigable land on the south side of the Gila River west of Sacaton. Within the project are the villages of Casa Blanca, Pbechule, Sweetwater, and Alkali. The land has been allotted in part to the Indians living on it. The estimate is for the continuation of the work, the main canal having been started in 1914, with a heading in the Little Gila. During 1915 some lat- erals were built. Six thousand acres could be watered under the project at the close of the fiscal year 1915. Approximately 1,000 Indians reside within the area included within this project, and are industrious and energetic farmers and make full use of all the present rather crude irrigation system, a large portion of it having been con- structed by the Indians themselves. The proper remodeling, improvement, and extension of the system so that each Indian may have sufficient area upon which to earn a livelihood is now being carried on. The funds here requested are estimated to be the amount needed for the fiscal year 1917 for this very meritorious project. SALT J5IVEE BESERVATION, ARIZ. Indian tribes, Maricopa and Pima. Number of Indians, 976. Area of reservation, 46,720 acres. Area irrigable from constructed works, 6,500 acres. Area farmed by Indians, 6,500 acres. Area of whole project, 9,760 acres. Cost of Irrigation construction, $6,471.04. Estimated additional cost to complete, $300,000. Estimated total cost of irrigation per acre, $65. Average value of irrigated land per acre, $150 Average annual precipitation, 12 inches. ^pfZ'TrJljf*'*'.^^''??^!' Roosevelt Reservoir. Market for produce, local and general (excellent). Distance from railroad, 15 miles. Salt River Reservation, Ariz., canals and laterals $10, 000 land^wSch Oio?f.^';ir°/."l'' reservation is very small compared to the area of should be ^iventhe^^tn,^^'''*' h"'^™^* to cultivate, and all possible assistance ner ThPv 7«,fo ™f<^ ^'l'^^ tje present supply in the most economical man- nPoVlv 7 nnn a ^''t'"' ^"^'cient for 3,448 acres, and are attempting to cut™ate ''TL^;T-ff ?'■./'' .1 recent report Superintendent of Irrigation Olbergsavs- Their pitiful attempts to irrigate upward of 7 000 acres of in n^ ^1 ^?; enough water for half that amount is sufficient evidence of thei-^ni'^'V*^ """^l perseverance, and is worthy of reward." «vjucuce oi then industry and IWDIAN APPEOPEIA.TION BILL, 1917. 23 The matter of obtaining water riglits for more of their land is being talven up as a special appropriation. Office of superintendent of irrigation, Los Angeles, Cal., District No. 4 $8, 000 For payment of employees, purchase of equipment and supplies, and for all other necessary expenses of this office. The above amount is the least that should be appropriated for the purpose. The funds are to be used for the conduct of an office annually increasing in importance, so far as the project under the direction of the superintendent of iiTig.Ttion are concerned. As the work has grown it has been found necessary to place in the field additional employees to oversee the projects in hand and to lay out future work. Purchasing and disbursing for the entire district is handled in the Los Angeles office. This frequently amounts to over .500 vouchers a quarter and over 500 names on the pay roll. During the last fiscal year work was prosecuted on 51 projects in Arizona and California, included within district No. 4. Salary, expenses, etc., of superintendent of irrigation, district No. 4, Los Angeles, Gal $5, 000 This is the sum usually apportioned the superintendent of irrigation, and covers his salary, travel, and other expenses when engaged on work chargeable to the general irrigation fund. There are few projects in this district which have special funds to which these expenses are chargeable, so that the greater portion of them are paid from the general fund. Miscellaneous surveys, California $5, 000 These surveys, conducted under the superivision of the superintendent of irrigation at Los Angeles, are either surveys planned in the regular course of the work or special investigations called for from this office. Their necessity is beyond question, and the sum is closely estimated. Miscellaneous surveys, Arizona $5, 000 These surveys, conducted under the supervision of the superintendent of irri- gation at Los Angeles, are either surveys planned in the regular course of the work or special calls from this office for surveys needed to settle some water question on matters brought up here. Their necessity is beyond a question, and the sum is as closely estimated as possible. Miscellaneous projects in California, maintenance and repairs $5, 000 The numerous small reservations in California which are so important to the welfare of these Indians call for maintenance and repairs each year in varying quantities. The sum requested is much less than the estimate from the field, but all possible economy will be observed. It covers the reservations not other- wise estimated for and such unforeseen damages as may occur. Miscellaneous projects in Arizona $5, 000 The more than 50 irrigation projects included in district No. 4 make it desirable to provide separate estimates for the reservations in Arizona and_^ California included within this district. The funds here requested are for the purpose of maintaining and improving irrigation systems on any of the several reservations, the respective amounts depending largely upon the occurrence of floods, the extent of cultivation by Indians, and other causes which can not be accurately forecasted a year in advance. These reservations mclude Gila Bend, Maricopa, San Carlos, Fort Apache, Camp McDowell, and various other isolated projects on some of the larger reservations. Navajo Reservation, Ariz, and N. Mex r $10,000 At numerous points upon the extensive Navajo Reservation, which covers more than 9,000,000 acres, there are small tracts with a more or less reliable water supply. The very industrious Navajo Indians cultivate these to the best of their ability, and the funds here requested are for necessary engineering work and the proper layout of their ditches and headings, that construction ot the more diflicult features which the Indians themselves may not be able to accomplish, and the miscellaneous maintenance and repairs of various similar projects now being used. 24 INDIAN APPEOPEIATION BILL, IQtl. SOUTHERN TJTE (AI.LOTTED), PINE KIVER VALLEY, COLO. Indian tribes, Southern Ute. Number of Indians, 359. Area Irrigable from constructed \\orlfs, 4,000 acres. Area actually irrigated, 1,040 acres. Area farmed by Indians, 640 acres. Area farmed by lessees, 300 acres. Area farmed by white owners, 100 acres. Area of whole project, 7,500 acres. Cost of irrigation construction, $127,045.21. Cost of operation, maintenance and miscellaneous, $3,308.09. Estimated additional cost to complete, $15,000. Total cost of irrigation per acre, estimated, $20. Average value of irrigated land per acre, $60. . Average annual precipitation, 16 inches. Source of water supply, Pine River. Market for products, local (good). Distance from railroad, 10 miles. Pine River project, southern ITte lands, Colorado $10, 000 This project should be about completed as to the main canals. It i^ esti- mated that the sum of $5,000 will be needed for maintenance and operation, and a like sum is asked for construction of lateral ditches and other extensions to the system. The Indians under this project are reported as taking hold of farming with Increased interest, 15 or 20 families having settled upon their lands and started improvements during the last fiscal year. PUEBLOS, NEW MEXICO. Indian tribes, various. Number of Indians, about 4,536. Area of reservations, 1,540,000 acres. Area irrigable from constructed works, approximate, 26,900 acres. Area actually irrigated, approximate, 26,900 acres. Area of whole project, approximate, 45,360 acres. Cost of irrigation construction, $106,420.21. Estimated cost to complete projects, approximate, $800,000. ■ Total cost of irrigation per acre, $20. Average value of irrigated lands per acre, $100. Pueblo reservation. New Mexico $15, 000 There are 19 of these Pueblo reservations, and the water problem is the most serious one the Indians have to face. Continued encroachments by whites, damages by floods, scarcity during the dry season, and occasional difficulties between factions on some of the pueblos make their lives very hard indeed. The amount requested is based on that used during the year 1915, as it is im- possible to foretell just what the difficulties for 1917 will be and what work will ' be necessary. Many of the ditch systems date to before the Spanish conquest, and improve- ments to conserve the water supply are needed. The Indians are industrious farmers with a lively appreciation of the necessity for water. NA-\-A.TO r.ESEEVATION, SAN ,TUAN PROJECT, NEW MEXICO. Indian tribes, Navajo. Number of Indians,' 8,000. Area of reservation, approximate, 9,500,000 acres. Area irrigable from constnic-ted works, 2,000 acres. Area actually irrigated, 617 acres. Area farmed by Indians, 617 acres. Area of whole project, 4,000 acres. Cost of irrigation construction, $180,235.40. Cost of irrigation operation, maintenance, and miscellaneous, $43 627 50 Estimated additional cost to complete project, $20,000. ' Estimated total co.>5t of irrigation per acre, $42. INDIAN APPEOPEIAtaON BILL, 1917. 25 Average value of irrigated land per acre, $160. Average annual precipitation, 10 inches. Source of water supply, San Juan River, aiarlvet for products, local (good). Distance fi-om railroad, 40 miles. Navajo reservation, San .Juan project (Hogback), New Mexico .$20,000 The main canal of this project will be completed during 1916. Some laterals are already constructed, and the sum requested is for maintenance, operation, and extension. The Indians put 150 acres more into cultivation during 1915, and it is ex- pected that this will be largely increased now that assurance can be given of a continuous supply of water. This project co\ers about 4,000 acres lying under the main canal, and ap- proximately half of this area is supplied with the necessary laterals, and the Indians are farming 617 acres. This area is being extended and it is necessary to provide the lateral structures" to maintain the canal system to provide water for the additional area which it is expected will be farmed. Office of superintendent of irrigation district No. 5 $6, 500 This is to pay the proportional expense of salaries of clerks and other em- ployees coming under the office of the superintendent of irrigation that are properly chargeable to " Irrigation, Indian reservations." This t rce attends to the detail work in connection with the activities of the superintendent of irrigation and his staif. Salary and expenses superintendent of irrigation district No. 5 $4, 000 The superintendent of irrigation in charge of district No. 5 has his head- quarters in Albuquerque, N. Mex., aud supervises work of Indian irrigation in New Mexico and the northern half of Arizona and in Colorado. The funds here requested are to pay his salary, traveling, and incidental expenses at such times as he is engaged upon the supervision of work for which no specific ap- propriation is made, or is engaged upon preliminary surveys and investigations included within his district. Miscellaneous surveys and investigations, district No. 5 $5, 000 This amount is needed to pay salaries and expenses of survey parties on the investigation of water resources, possible water developments, investigations of encroachment upon Indian water rights, and preparation of reports on various allied subjects on the Indian reservations included in district No. 5. ZIINI EESEEVATION PROJECT, NEW MEXICO. Indian tribe, Zuni. Number of Indians, 1,602. Area of reservation, 215,000 acres. Area irrigable from constructed works, 4,000 acres. Area actually irrigated, 3,100 acres. Area farmed by Indians, 3,100 acres. Area of whole project, 7,000 acres. Cost of irrigation construction, $542,843.50. „.,„otcooo Cost of operation, maintenance, and miscellaneous, $17,S&z.^u. Estimated additional cost to complete, $20,000. Estimated total irrigation cost per acre, $80. Average value of irrigated land per acre, $100. SeV^vXr sS?trk'4n^frket for products, local (good). Dis- tance from railroad, 45 miles. Zuni Eeservation, N. Mex., maintenance and operation $5, 000 This system consists of a dam and reservoir to conserve the waters of the Zuni River, an intermittent stream dry most of the year and canal system for the distribution of the water to the lands of the Zuni Indians. It is practically '°Swfng to the nature of the soil, considerable care i^ 'le^essary to keep the' system in good order. The sum requested is believed ^^e sufficient foi ordinary care, but should any extensive repairs become necessary, or should it 26 INDIAN APPKOPKIATION BILL, 1917. be necessary to raise the level of the water in the dam, a much larger sum wiU be required. The present level of the dam is sufficient for the area now under cultivation and probably for any increase which may be made in tne next few years, since the Zunis seem to be progressing rather in the direction ot better methods of farming than of Increased area. The increase m 1915, riow- ever, was 100 acres. The total area farmed by the 1,570 Indians attached to this reservation is about 3,100 acres. It is essential that the system be main- tained in the best condition. We go into considerable detail in justifying this appropriation. You will observe that we are reducing our estimates from $345,700 appropriated last year and the year previous to $259,700, a reduction of about $100,000. We have in this appropriation an unexpended balance of $109,620.54. It is very desirable that this appropriation^ be continuing and that we have a considerable unexpended balance because of emergencies that may arise ; for example, a dam may wash out and it may be necessary to reconstruct that dam immediately, and it is important that we have a continuing appropriation. The Chairman. Do you ever have lateral ditches to get in such shape that water can not be carried from the main canal to the farms so that it becomes an emergency to reconstruct those lateral ditches? Mr. Meeitt. Yes, sir. The Chairman. Is that one of the contingencies you have to pro- vide against? Mr. Meeitt. Yes, sir; this appropriation is our general irrigation appropriation and it is reimbursable wherever the Indians have funds or property sufficient to reimbuse the Government. The'CHAiEMAN. How much of this appropriation that you are ask- ing for this year is reimbursable, or have you any figures on that? Mr. Meeitt. We have not figured that out closely, but a consider- able part of it will be reimbursed. The Chairman. About what percentage? Mr. Meeitt. I would say 50 per cent of it will be reimbursed. Of course, there are a number of Indians who are without property and who need assistance, and those Indians will not in the near future be in position to reimburse the Government, especially the Indians in the Southwest. The Chaieman. Referring to the item we just passed for surveys, resurveys, etc., how much of that appropriation is reimbursable, if any? Mr. Meeitt. That item is supposed to be reimbursable. The Chaieman. The whole item? Mr. Meeitt.. The whole item. The Chairman. In running through this bill, could you give the committee an idea as to the amount of money in all these various appropriations that is reimbursable, separating it from those that are not reimbursable? Mr. Meeitt. Yes, sir. The estimates contain a request for gratuity appropriations amounting to $8,093,156.66. The reimbursable ap- propriations amount to $1,231,520, and the treaty appropriations amount to $850,860, making a total of $10,176,036.66. The Chairman. What is the amount of the appropriations that are not reimbursable? Mr. Meeitt. Approximately $9,000,000. The Chaieman. Then this bill carries approximately $9 000 000 as a gratuity to the Indians. ' ' INDIAN APPKOPEIATION BILL, 1917. 27 Mr. Meeitt. It carries $8,093,156.66 as a gratuity, $850,360 as treaty appropriations, and $1,231,520 is reimbursable. Mr. Carter. Mr. Meritt, I notice you have striclien out four or five provisos m this item. "Why is that ? Mr Meritt. Those provisos, Mr. Carter, are permanent legislation, and therefore it will not be necessary to include them in this year's bill. Mr. Carter. I notice the last proviso sets out : Provided further, That, In addition to what is herein required there shall be submitted to Congress on the first Monday in December, 1914, as to the Uintah Shoshone, Flathead, Blackfeet, and Fort Peck reclamation projects a report showing the status of the water rights of the Indians and the method of financing said projects, together with such other information as the Secretary of the Interior may deem necessary for a full and complete understanding of all the facts and conditions in connection therewith. Has that been done ? Mr. Meritt. Those reports M'ere made, and we have drafted legis- lation based on those reports. The Chairman. Can you refer to the number of those reports? Mr. Meritt. The Uintah report is contained in House Document No. 1250, the Shoshone report is contained in House Document No. 1274, and the Flathead, Blackfeet, and Fort Peck reports are con- tained in House Document No. 1215, Sixty-third Congress, third session. The Chairman. Then we will pass to the next item, as follows: For the suppression of the traffic in intoxicating liquors among Indians. I notice you have increased the amount of this item from $100,000 to $150,000 and have added the following language: And section eight of the act of March first, eighteen hundred and ninety-five, js hereby reenacted as to that part of Oklahoma known as Indian Territory immediately prior to statehood, and section twenty-one hundred and forty of the United States Revised Statutes is hereby made applicable to that part of Oklahoma : Provided, That all lands within the Indian reservations in the State of New York are hereby declared to be " Indian country " within the meaning of the Federal Statutes prohibiting the introduction of intoxicants into such country; and traffic in intoxicating liquors with or among the Indians of said reservations shall be subject to the provisions of the act of January thirtieth, eighteen hundred and ninely-seven (Twenty-ninth Statutes at Large, page five- hundred and six) and amendments thereto. What is the necessity for this new language in the bill? Mr. Meritt. Mr. Chairman, we offer for this item the following justification, and as this is a legal question and the justification is short I will read it, if you desire. Suppressing liquor traffic among Indians. Fiscal year ending June 30, 1916 : Amount appropriated $100, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 100, 000. 00 Amount expended 100, 128. 74 Overdrawn 128.74 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 51, 247. 82 Traveling expenses 46, 851. 50 Transportation of supplies 3. 02 28 IISTDIAN APPEOPEIATION BILL, 1917. Telegraph and telephone service * 07 fc Prmting, binding, and advertising 475' s^ Stationery and office supplies ■*'^' °| Equipment, material, etc ji,,,'i^ Rent ?8«- ^ Chemical analyses a" on Miscellaneous ^' °" 100, 128. 74 The estimate for the suppression of the liquor traffic among the Indians dur- ing the fiscal year ending June 30, 1917, carries an appreciable increase over the amount available during the fiscal years 1915 and 1916. The item also carries two provisions which will be taken up in order. Congress has heretofore recognized the necessity and importance of pro- tecting the Indians from the evils resulting from the use of intoxicants, an* has made appropriations in order to enable this work to be carried on by the Indian Office. The reason for carrying on this work is self-evident and ap- parent, especially when it is realized and recognized that intoxicating liquor has been the curse of the American Indian and has been used as the principal means to debauch a people who are susceptible to its influences and in many instances to deprive them of their property, both real and personal. Favorable advancement has been made during the past year in this work, and as a result of the efforts put forth there have been a larger number of cases presented, arrests made, and convictions had, both in the State and Fed- eral Courts, than at any time since the organization of this service in 1907. These increased activities have brought in new questions- and problems, some of which have been decided favorably to the Government and others against it. These decisions have either enlarged the scope of the work or made more diffi- cult the apprehension, prosecution, and conviction of the offenders. As re- ferred to last year, the decision of the Supreme Court in the case of Johnson v. Geralds (i234 XJ. S., 422) has opened up to the office a large field within which there are approximately 10,000 Indians who, under a treaty entered into in 1855, provided that no liquors should be sold, etc., therein. This has required the services of a large number of our officers to cope with the situation and neces- sarily the expenditure of a large proportion of the appropriation. As a result, the office has not been able to keep apace with the conditions and situations in other parts of the country, and it will be necessary, in order to give the Indians the protection to which they are entitled under general and special legislation by Congress and the various treaties and agreements, to employ a larger force of men, which can not be done under the present amount available. When it is considered that some of the reservations and areas which they are called upon to handle are the size of some of the eastern States the enormity of this undertaking will be appreciated readily. This item also provides for the reenactment of section 8 of the act of March 1, 1S95. This section reads as follows : " That any person, whether an Indian or otherwise, who shall, in said Terrl- toi'y, manufacture, sell, give away, or in any manner or by any means furnish to anyone, either for himself or another, any vinous, malt, or fermented liquors, or any other intoxicating drinks of any kind whatsoever, whether medicated or not, or who shall carry, or in any manner have carried, into said Territory any such liquors or drinks, or who shall be interested in such manufacture, sale, giving away, furnishing to anyone, or carrying into said Territory any of such liquors or drinks shall, upon conviction thereof, be punished by fine not exceed- ing .fSOO and by imprisonment for not less than one month nor more than five years." In the case of Ex Parte Charley Webb the Supreme Court of the United States dealt with the effect of the Oklahoma enabling act and the admission of that State thereunder upon the prohibition contained in the act of 1895 and held that this act remained in force so far as it prohibits the carrying of liquor from without the new State into that part of it which was formerly the 'Indian Territory. In the ease of United States r. Wright (229 U. S., 226) the Supreme Court of the United States held that the prohibition against the introduction of intoxi- cating liquor into the Indian country found in the act of January 30 1897 ('29 Stats., 506), was not repealed with respect to the intrastate transactions hv the enaliling act and the admission of the State. »'i(-iions oy INDIAN APPEOPEIATION BILL, 191'7. 29 In the case of Joplln Mercantile Co. v. United States (236 U. S., 531) there was presented the question of introducing liquor from the western portion of the State of Oklahoma into the eastern portion, covered by the act of 1895, and the Supreme Court held that pending the continuance of State prohibition, a* prescribed by the enabling act, the provisions of the act of 1895 respecting ■intrastate transactions are not enforceable. This leaves a situation where the introduction of intoxicants into the eastern district of Oklahoma from Kansas Missouri, Arkansas, and Texas- is an offense under the Eederal law, but the introduction into that district from the western portion of the State does not constitute an offense. The liquor, therefore, finds its way to the western dis- trict and from there into the eastern district, and the Government is apparently powerless to punish the offenders and to protect the' Indians. . The Supreme Court, however, in its decision in the Joplin case says : " The subject matter of this legislation is quite different from that which wa^ .under consideration in Coyle v. Oklahoma (221 U. S., 559); and it does not JEoUow from what was there decided that the plan of intrastate prohibition proposed to the State by Congress in the enabling act and accepted by ' thg -State would be subject to repeal by the State within the prescribed period. Nor does it follow from anything we have said that Congress may not, during that period, by reenacting in substance the act of 1895 or by appropriate alHrma,- tive legislation in some other form, resume the Federal control over the liquot traffic in and with what was Indian Territory by virtue of its general authority over Indian relations. These and kindred questions may be dealt with if and when occasion arises. " Our opinion upon this branch of the case is that, pending the continuance of State prohibition as prescribed by the enabling act, the provisions of th^ act of 1895 respecting intrastate transactions are not enforceable." The court in another part of its decision says : ) " The authority of Congress to preserve in force existing laws or enact new ones after statehood with reference to traffic or intercourse with the Indians, including the liquor traffic, was well established, the power of Congress over such commerce being plenary and independent of State boundaries." In the eastern district of Oklahoma there are the Five Civilized Tribes, com- prising over 100,000 Indians, having valuable lands, with oil, gas, and minerals. Furthermore, there have been agreements made with these Indians whereby it is the legal, as well as the moral, obligation of Congress to afford them protection from intoxicants. An agreement was made with the Seminoles i^i 189T (30 Stats., 567), with the Creeks in 1901 and 1902 (31 Stats., 861, and 32 Stats., 500), with the Choctaws and Chickasaws in 1897 (30 Stats., 507) and in 1902 (32 Stats., 641), and with the Cherokees in 1902 (32 Stats., 716). Congress, recognizing its duty to these Indians, provided that of the $25,000 appropriated for the suppression of the liquor traffic among the Indians in 1907, $15,000 should be expended in the Indian Territory, and the Indian Offic^, recognizing this same duty and the necessity therefor, has expended large pro- portions of this appropriation in that section of the country. It is absolutely necessary, in order that our work for these people may be effective and their property interests protected, that this item be enacted. ^ , ^ ,. > There is also included in this item one applicable to the New York Indians. In Benson v. United States (44 Fed., 178), it is held that the Indian lands in New York are not Indian country within the meaning of the Federal Statutes prohibiting the introduction of intoxicants. Much difficulty has been ex- perienced in suppressing the liquor traffic among the New York Indians because of the inability to prosecute persons found guilty of introducing intoxicatin| liquors on reservations. The enforcement of State laws has been somewhat lax owing to the doubtful question of jurisdiction over these lands, and there ^is a great need that the Indian reservations within New York be declared to be Indian country" within the meaning p:: the federal Statutes prohibiting the introduction of intoxicating liquors within such c^i^.f "^y- ,0^^,?f_f f_ ^ji?^ causes for complaint against conditions on the Indian reservations in th^ iKriS.n.'S-oSrJ. ITl^liTil iS.f-wSi'S: SSe^«;i 20527—16 S 30 IBTOIAN APPEOPKIATION BILL, 1911. Of U. S. V. 43 Gallons of Whiskey (93 U. S., 188) and U. S. v. Sandoval (231 TT g 28) For the same reason it is also necessary that the offense of furnishing liquor to these Indians be punished In the Federal Courts. These Indians are m great need of Federal protection and by Congress extending the Federal laws, Insofar as the traffic in intoxicants is iconcerned, much good will result It is essential that it be made an offense to furnish liquor to these Indians ofC of the reservation as well as to introduce it into their country. The Chairman. With reference to the New York Indians, is it not a fact that they have been prosecuted for selling liquor to the In- dians under the State laws ? Mr. Meritt. They have been prosecuted m certain cases, but we find it diiScult to protect the Indians under the State laws. The Chairman. The State courts are more lax than the Federal courts would be relative to protecting the Indians? Mr. Meritt. Yes, sir. A decision has recently been rendered by the attorney general of the State of New York wherein he holds that the Federal Government and not the State government has jurisdic- tion over those Indians to a very large extent. Mr. Carter. How is that, Mr. Meritt? Mr. Merritt. The attorney general of the State of New York has recently rendered a very important decision in regard to thfe New York Indians, respecting the jurisdiction of the State and Federal Governments. I will be glad to include that decision in the record, if it is agreeable to the committee. The Chairman. Is it a lengthy decision? Mr. Meritt. It is not very long, but very important, and I think it will be interesting to the committee. The Chairman. All right. (The decision referred to by Mr. Meritt follows:) United States District Court, Western District or New York. United States of America ex rel John D. Lynn against Frederick W. Hamiltor AND Others. Habeas corpus to inquire Into the legality of the arrest and imprisonment of Wilford Kennedy and Nelson Hare, charged with violation of the conservation law of the State of New Tork. Upon the hearing the relator appeared by George P. Decker, Esq., and the respondent by A. F. Jenks, deputy attorney general. After hearing oral arguments the court held the case to enable counsel to prepare and file with the court written briefs on the law questions involved. The attorney general, having reached the conclusion that the prisoners should be discharged, has prepared the following memorandum, to be filed with the other papers herein. GENERAL STATEMENT. Wilford Kennedy and Nelson Hare are Indians by blood and members of the Seneca Nation residing on the Cattaraugus Reservation, located in the counties of Brie and Cattaraugus in the State of New York. These Indians were arrested April 21, 1915, by Leon W. Paxon and Albert Stadelmeir, State game protectors, while fishing with a net in Cattaraugus Creek and within the bound- aries of the Cattaraugus Reservation, and were charged with fishing with a net, or seine, without a license and in violation of section 176 of the conserva- tion law of the State of New York. While said Indians were being arraigned before Chief Justice William Brennan, in the city court of Buffalo a writ of habeas corpus was sued out at the instance of the United States Government to test the legality of the arrest and imprisonment. The facts as above out- lined, are undisputed. ' The precise question is whether the conservation law of the State of New York extends to Indians maintaining their tribal relations and residine unon an Indian reservation within the limits of the State. & f INDIAN APPBOPBIATIOBT BILL, lOlT. 31 The status of Indian tribes and their relation to the Federal and State governments have frequently been subjects of judieial investigation It is necessary to examine somewhat in detail the early history of these tribes and the dealings of the General and State Governments with them. At the time of the formation of the Federal Government several of the Indian tribes found here were powerful and warlike, and it was found expedient to treat them as possessing some of the attributes of sovereignty and to deal with them as nations by entering into treaties with them. Later, treaties with the Indian tribes were superseded by Federal legislation by which the remnants of the tribes were subjected to the General Government and located upon Indian reservations. It has been the policy of the General Government to guarantee to the Indian tribes control over their internal and social affairs, including jurisdiction in certain cases to punish crimes when committed upon the reservations. This policy was manifested by Congress in the enactment of section 2146 of the Bevised Statutes; and for the purpose of tlieir protection and to allow them to pursue their accustomed life unmolested. Congress, under its constitutional power to regulate commerce with the Indian tribes, passed apprbpriate legis- lation forbidding general intercourse between them and the whites. THE ATTITUDE OF CERTAIN STATES. Several of the States, however, did not concede that the power granted to the Federal Government to make treaties, and to regulate commerce with the In- dian tribes deprived them of jurisdiction over them when residing upon reser- vations within their borders, and therefore sought by statute to extend their laws over them. Thus in State v. Tassols (Dud., 239), a Georgia case, it was held that Indians were not constitutional objects of the treaty-making power of the United States, but were wards of the State within whose boundaries they were domiciled. In State v. Tachanotah (64 N. C, 614), it was held that the criminal laws of North Carolina extended over the Indian tribes. A similar doctrine was laid down by the Supreme Court of Wisconsin. State v. Doxtater, 47 Wis., 278, and State v. Harris, 47 Wis., 298). And in New York it was held by the county court of Cattaraugus County, that Indians residing upon reservations within the State were subject to the forest, fish, and game law of the State. (People V. Pierce, 18 Miss., 83). * IL THE FEDEBAl GOVERNMENT HAS ALWAYS CLAIMED GUARDIANSHIP AND CONTROL OVER THE INDIAN TRIBES. It Clearly appears from the Federal decisions that the Indian tribes, while maintaining their tribal organizations and residing on reservations set apart for them by, or with the consent of, the General Government, have always been regarded as wards of the Nation, and not subject to State laws, even when their teservations are located within the borders of a State. One of the first cases in which the status of Indian tribes was considered by the Supreme Court of the United States is Cherokee Nation ■;;. The State of Georgia (5 Peters, 1). This was a case where the Cherokee Nation moved for an injunction to prevent the enforcement of certain acts of the Legislature of the State of Georgia in the territory of the Cherokee Nation. This tribe claimed the right to proceed in the Supreme Court of the United States as a foreign State against the State of Georgia. The injunction was denied. The court '^■'^The condition of the Indians in relation to the United States is P^'^^fd'lans like that of any two other people in existence. * ^ * Though the Indians fere acknowledeged to have an unquestionable, and, heretofore unquestioned rflht tftrianls they occupy, until that right shall be extinguished by a vo^^^^^ ta'ry cession to our Government; yet "may well be doubted whether these tribes which reside within the acknowledged boundaries of the Unit^ States can, with strict accuracy, be denominated foreign nations ; t^^y may more cor i-ectlv Dethaps be xienominated domestic dependent nations. They occupy a ter Wtory to whfch we assert a title independent of their will which must take effect ih point 5 pSsibn when their right of possession ceases. Meanwhile, they 32 IWDIAIT APPBOPEIATION BILL, ISl*?. are in a state of pupilage. Their relation to the United States resembles that ■ef a ward to his guardian. ' " They look to our Government for protection ; rely upon its kindness aiid power ; appeal to it for relief to their wants ; and address the President as their great father." And so In the case of Worcester v. Georgia (6 Peters, 515), where the plaintiff had been convicted of the offence of residing in the Cherokee Nation without a license, contrary to a statute of the State of Georgia. The United States Su^- preme Court set aside the conviction. Chief Justice Marshall in a most able and exhausted opinion said : ' " The Cherokee Nation then is a distinct community, occupying its own ten ritory, with boundaries accurately described in which the laws of Georgia can have no force. * * * The whole intercourse between the United States and this nation is by our Constitution and laws vested in the Government of the United States." : Later, the States of New York and Kansas passed statutes taxing the lands of Indians within their borders, which statutes were upheld by the courts of those respective States. These decisions were both reversed by the United States Supreme Court. In the case of The Kansas Indians (5 Wall., 755), the court said : " If the tribal organizations of the Shawnees is preserved intact, and recog- nizd by the political department of the Government as existing, then they are a 'people distinct from others,' capable of making treaties, separated from the jurisdiction of Kansas, and to be governed exclusively by the Government of the Union. If under the control of Congress, from necessity there can be no divided authority. If they have outlived many things, they have not outlived the protection afforded by the Constitution, treaties, and laws of Congressi It may be that they can not exist much longer as a distinct people in the pres- ence of the civilization of Kansas, ' but until they are clothed with the rights and bound to all the duties of citizens,' they enjoy the privileges of total Im- munity from State taxation." The case of The New York Indians (5 Wall., 761), was decided at the same time. III. THE POWEE OF CONGHBSS TO GOVERN INDIAN TBIBES BY LEGISLATION AND THEBEBT TO ABEOGATE OE SUPEESEDE INDIAN TEEATIES HAS BEEN UPHELD BY THE SUPEEME OOlniT. This power was first exercised In 1871. By an act of Congress of March 3 of that year section 2079 was added to the Revised Statutes, as follows : " No nation or tribe within the territory of the United States shall be acknowl- edged or recognized as an Independent nation, tribe, or power with whom.thf United States may contract by, treaty." Since 1871 Congress has governed the Indian; tribes by direct legislation. If or many years Indian tribes residing On reservations were permitted to have jurisdiction over their Internal and social affairs, and were not in this respect interfered with by the Federal Government. The policy of the Government in this respect has been uniform. ". Later, however, it appeared to Congress that the policy of allowing the tribes to" deal with their criminals according to their local customs was not conducive to the best interest of the tribes themselves or the white population surrounding them. Crimes of a more serious nature committed by one tribal Indian against another were not dealt with so as to meet the seriousness of the situation. The necessity for some action on the part of the Federal Government was forcibls brought to its attention in the case of ex parte Crow Dog (109 U. S., 556). • In that case the petitioner, a member of the Sioux Nation of Indians, was convicted in the district court of Dakota for the murder of a member of the same tribe. On appeal to the Supreme Court of the United States the convic- tion was set aside for the reason that under section 2146 of the Revised Statutes one Indian committing a crime against another Indian could not be punished in the courts of the United States. This case gave rise to the passage of section 9 of the act of Congress of March 3, 1885, now known as section 328 of the United States Criminal Code That act provides : v^^^c. "All Indians committing against the person or property of another Indian or other person any of the following crimes, namely, murder, manslaughter rape, assault with intent to kill, arson, burglary, and larceny, within anv Territmn? Of the United States, and either within or without the Indian reservation, shall INDIAK APPEOPKIATION BILL, 'idVi. gg Ijg ?nbject. therefor totlielaws of said Territory relating to said crimes, and shall be tried therefor in the same courts and in the same manner and"'shall be subject to the same penalties as ai-e all other persons charged with the commission of the said crimes, respectively; and the said courts are hereby given jurisdiction in all such cases; and all such Indians committing any of the above crimes against the person or property of another Indian or other per- son within the boundaries of any State of the United States and within the limits of an Indian reservation shall be subject to the same laws, tried in the same courts and in the same manner, and subject to the same penalties as are all other persons committing any of the above crimes within the exclusive juris- diction of the United States." This enactment specifically vested the Federal courts with exclusive juris- diction of the crimes therein mentioned, even when committed upon reserva- tions wholly within the States. The constitutionality of this act was immediately tested in the United States Supreme Court in the case of United States v. Kagama (118 U. S., 375). The question arose upon a demurrer to an indictment against two Indians for the murder of another Indian on the Hoopa Valley Reservation, in th.e State of California. The defendant in error contended that the act was unconstitutional as being an invasion of State rights. The court held the act to be constitutional. In this case the status of tribal Indians in their relation to the Federal and State Governments is completely developed and defined in plain and unmis- takable language. In the learned opinion delivered by Mr. Justice Miller, upholding the constitutionality of the statute, he says : "It seems to us that this (meaning the act of 1885, above referred to), is within the competency of Congress. Those Indian tribes are the wards of the Nation. They are communities dependent on the United States. Dependent largely for their daily food. Dependent for their political rights. They owe no allegiance to the States — and receive from them no protection. Because of the local ill feelings, the people of the States where they are found are often their deadliest enemies. From their very weakness and helplessness so largely due to the course of dealings of the Federal Government, and the treaties in which it has been promised, there arises the duty of protection and with it the power. This has always been recognized by the Executive and by Congress, and by this court .whenever the question has arisen." In concluding his opinion he says : "The power of the General Government over these remnants of a race once powerful, now weak and diminished in numbers, is necessary to their protection, as well as to the safety of those among whom they dwell. It must exist in that government, because it has never existed anywhere else, because the theater of its existence is within the geographical limits of the United States, and because it has never been denied, and because it alone can enforce its laws on all the tribes." The opinion also makes it clear that the decision is not placed upon the ground of the constitutional grant of power to regulate commerce with the Indian tribes, but upon the broad ground that the Federal Government, be- cause of its peculiar relationship to the Indian tribes, is bound to assume exclusive control over them. This case has been repeatedly cited with approval by the United States Supreme Court in recent decisions, and the policy of the Federal Government therein laid down has been strictly followed. In the case of Cusick v. Daly (212 N. T., 183) the court of appeals followed the Kagama case. It was contended in that case that there was a distinction between Indian tribes whose reservations are the direct gift of the Federal Government and those whose reservations are derived from a State or from other sources. Judge Werner, writing for the court in this connection, said: " We find no such distinction in the statute, and we can think of none that logically differentiates one from the other." IV. THE PKINCIPLE THAT A STATE MAT ACT IN THE ABSENCE OF AFFIRMATIVE LEGISLA- TION ON THE PAET OP CONGEES S IS NOT APPLICABLE TO THE GOVERNMENT OB' TRIBAL INDIANS. It might be claimed that a State may exert its authority over tribal Indians, except as to those major crimes specifically mentioned in section 328 ot tne United States Criminal Code, on the theory that there being no express mhibl- 34 INDIAN APPEOPKIATION BILL, 1917. tlon against the State that Congress by inaction has tacitly authorized It so to act. T,. 1, ■ 1 This is a doctrine well recognized and often applied to cases whicn involve questions of interstate commerce, and even to other matters. It is predicated upon the theory that where the States have origmai Jurisdic- tion over a Subject, but, by adopting the Federal Constitution, granted to the Federal Government power to deal with that subject, the jurisdiction of Con- gress is not exclusive until Congress has, by appropriate legislation, exercised its power. This doctrine was applied in the case of Manchester v. Massachusetts (139 TJ. S., 240), where the Supreme Court upheld the right of the State in the ab- sence of Federal legislation upon the subject, to control the Menhaden fisheries in Buzzards Bay, a place concededly within the admiralty and maritime juris- diction of the United States. It has never been applied to matters which from necessity rest exclusively* with the Federal Government ; for example, the power to coin money, establish post offices, declare war, etc. The application of this principle to the govern- ment of Indian tribes has never found support in the decisions of the courts, but the doctrine was alluded to in the opinion of Judge Werner in the Daly case (supra). No support for such a contention can be found in the opinion of Mr. Justice Miller in the Kagama case. If the Indian tribes are wards of the Federal Government and owe no allegiance to any State, and if the power over the Indian tribes rests with the Federal Government because it exists nowhere else, and if from necessity there can be no divided authority, then the jurisdiction of Congress must be exclusive. V. TEDEEAX AND STATE AtJTHOKITIES HOLD THAT STATE LAWS DO NOT APPLY TO INDIANS LIVING IN THEIE TRIBAL RELATIONS. In the case In re Blackbird (109 Fed., 139), where an attempt was made to punish a tribal Indian for a violation of the game laws of the State of Wisconsin, Judge Burr, of the United States District Court, after fully reviewing the Kagama case, said : " This case should and does settle by the highest authority that,, Congress hav- ing taken jurisdiction of crimes committed by Indians within the limits of an Indian reservation, that jurisdiction is exclusive, and that the State law does not extend to these cases." The doctrine is well enunciated in the case of State v. Campbell (53 Minn., 354), where an attempt was made to punish a tribal Indian for committing adultery. Judge Mitchell, speaking for the court, said : " It would never do to have both the United States and the States legislating upon the same subject. By the act of 1885, presumably. Congress has enumerated all the acts which, in their judgment, ought to be made crimes when committed by Indians, in view of their imperfect civilization. For the State to be allowed to supplement this by making every act a crime on their part which would be such if committed by a member of our more highly civilized society would be not only inappropriate, but also to practically arrogate the guardianship over these Indians, which is exclusively vested in the General Government." In the case of Peters v. Malin (111 Fed., 244), which involved the question whether the plaintiff, a tribal Indian, had violated a statute of the State of Iowa. It was there held — " That so long as the Indians retain their tribal relations and continue to be wards of the National Government the control and management of them, with respect to their tribal affairs, is in the Federal Government, irrespective of the question of the title of the lands upon which for the time being thev mav be located." & j j In this opinion Judge Shiras advances a most cogent reason for upholding the exclusive jurisdiction of the Federal Government when he says ■ " It is apparent that if the various provisions of the laws of Iowa are to he held applicable to these Indians and their property, then their tribal condition will be speedily broken up, not in pursuance of the acts of the National Govern- ment, but through the enforcement of the laws of the State * * " .. ^°^^^^ And further on in his opinion he adds : INDIASr APPEOPEIATION BILL, 1917. 35 "Although these Indians reside within the territorial limits of the State of Iowa, they are, so far as their ordinary life is concerned, without the plane of legislative jurisdiction of the State." VI. POWEK TO TERMINATE TEDERAI, GUARDIANSHIP OF TRIBAL INDIANS AND TO BREAK ■UP THE TRIBAL ORGANIZATION IS EXCLUSR'ELY IN THE FEDERAL GOVERNMENT. From the more recent enactments of Congress relative to Indian allotments it Is apparent that a new policy looking toward the breaking up of the tribal relations, freeing them from the national guardianship, and charging them with the duties and obligations of citizens is being inaugurated. Congress has this power and may abandon its guardianship at any time. The States, however, have no power to disintegrate tribal relations by extending State laws over tribal Indians. As was said in the case, Matter of Heff (197 U. S., 499) : " It is for Congress to determine when and how the relationship of guardian- ship shall be abandoned. It is not within the power of the courts to overrule the judgment of Congress. VII. CONSERVATION LAWS DO NOT EXTEND OVER THE INDIANS RESIDING IN TKIBAL RELA- TIONS UPON RESERVATIONS WITHIN THE BORDERS OF NEW YORK STATE. Accepting as the law of the land the principles laid down by the courts of the United States as to the status of the tribal Indians within its borders, there seems to be no escape from the conclusion that the conservation law of the State of New York does not apply to tribal Indians residing on their reserva- tions within the territorial limits of the State. Mr. Carter. Are these Indians citizens of the State of New York ? Mr. Meritt. They are in rather an anamolous position. I do not believe that they are technically citizens of the State of New York. They are supposed to be noncitizens. The Chairman. Do they vote and hold office? Mr. Meritt. No, sir; they do not vote. The Chairman. Do they attend the public schools? Mr. Meritt. Some of them attend the public schools. The Chairman. Have you paid for their education in the public schools ? Mr. Meritt. No, sir. The Chairman. Then, the State has assumed jurisdiction m that respect? ... Mr. Meritt. Yes, sir ; it has assumed certain jurisdiction over the Indians. This recent decision of the Attorney General may bring up some serious questions in regard to these Indians and their future Mr.' Carter. My understanding has always been that the Indians of the State of New York were citizens. Mr. Meritt. There is a legal question whether they are citizens. They are not permitted to vote, as a general thing. The Chairman. Are they taxed by the State? Mr. Meritt. Their tribal property is not taxed, iheir personal property may be taxed. The Chairman. Is their real estate taxed i Mr. Meritt. No, sir. . ^ i i, j.i, a+„+„? The Chairman. Just the personal property is taxed by the btatef Mr. Meritt. Yes, sir. 36 INDIAN APPEOPEIATION BILL, Wll. \ The Chairman. That is certainly an anomalous position. _ ■■ Mr. Norton. How much of the money under this appropriation is used for enforcing the Federal law outside of the Indian reservation and at some distance from where any Indians resided Mr. Meritt. Very little of the appropriation. We use this appro- priation for protecting the Indians from abuses ot the liquor tralbc. We have used a good part of this appropriation m the last year m the State of Minnesota in enforcing the provisions ot- the treaty of 1855. . . , Mr. Norton. Has any of the money under this appropriation been used in enforcing the law in the iron mining district m northern Minnesota north of Duluth? . » . ♦ Mr. Meritt. We have used some of this appropriation m enforcing the provisions of the treaty of 1855, which prescribes a certain ter- ritory wherein the liquor traffic shall be prohibited. ' Mr. Norton. Has any of this money been used in enforcing the law in the Hibbing district? Mr. Meritt. Yes, sir. The office has recently enforced the law in the city of Hibbing because that city is included within the treaty territory. Mr. Norton. Is it not a fact, as a matter of fact, that no Indians Teside within 100 miles of Hibbing? Mr. Meritt. Indians visit the city of Hibbing and whisky has been sold to them in that city; that city is frequently visited by Indians. Mr. Norton. I personally do not know anything of the actual facts in the case only from hearsay, but my advice is that no Indians live in that section of the country. Mr. Meritt. We have here this morning Mr. Larson, who is our chief liquor-suppressing officer. He has been there and has had charge of the suppressing work, and I will ask Mr. Larson to answer any questions that you might wish to ask, if it is agreeable to the committee. ' Mr. Norton. He should be able to give us some first-hand informa- tion. What is the copdition as to the enforcement of the law in the Hibbing district as'it applies to actual Indians? Mr. Larson. The Indians visit Hibbing. ■ Mr. Norton. Where do they come from? : Mr. Larson. The Nett Lake Eeservation and the Vermilion Lake •Reservation. Mr. Norton. How far away is the Nett Lake Eeservation? Mr. Larson. About 50 miles. Mr. Norton. In what direction? Mr. Larson. North ; almost due north. Mr. Norton. Are they Canadian Indians? Mr. Larson. No, sir; American Indians, Chippewas. Mr. Norton. From ^Yhat other reservation do they come? Mr. Larson. The Vermilion Lake Eeservation, about 40 miles away or such a matter. I was there in the fall and there were quite a num- ber of Indians from Vermilion Lake Eeservation, Ibut none from Eice Lake Eeservation, 12 miles from Vermilion and probably 35 miles from Hibbing. Mr. Norton. How many Indians are there in those districts « INDIAN APPEOPEIATION BILL, 1911. 37 , Mr. JL.ARSON. I think about 600 under the jurisdiction of the Nett Lake Agency and a comparatively small number at the Vermilion Lake Reservation. I do not know the number there. There is a boarding school at Vermilion Lake and a number of what might be Jtermed squatters in the vicinity of the boarding school. I think they really belong to the Nett Lake Agency. The Chairman. _ We have a reservation in northern Washington known as the Colville Agency, and there is a reservation south known as the Okanogan Reservation. When we were out there several years ^go examining the condition of the Indians we found several saloons in Okonagan and they were having quite a lot of trouble with the people on the reservation and in this town of Okonagan. I desire to know what has been done with reference to that matter. There were some prosecutions pending, and the matter was in the court. Since that time I have not ascertained what has become of the question, whether they have the right under the Federal law to prosecute the Indians who go across the line and patronize saloons outside of the reservation. There was quite a controversy. Mr. Meeitt. That brings up quite a serious legal question. The Chairman. Has it ever been finally determined ? Mr. Meeitt. I do not think it has been finally determined. I would like for Mr. Larson to tell the committee what he knows about the situation. Mr. Larson. With reference to the Colville Reservation, part of the Indians are classed as citizens. We can not prosecute the sale of liquor in the Federal courts. That applies, as I understand it, to the northern half of the reservation, to those living on the northern half of the reservation. The conditions in the vicinity of Okanogan have been materially improved in the last year or two by our service, and they are not quite as bad as they were. The Chairman. You assume jurisdiction of that territory for the purpose of protecting the Indians from procuring liquor and getting drunk at these saloons off the reservation ? Mr. Larson. We have assumed no jurisdiction directly over the situation off the reservation ; that has been done under the laws of the State of Washington. The Chairman. Has the State entertained jurisdiction? Mr. Laeson. I think they do in most of the liquor cases. The Chaieman. That is the situation that Mr. Meritt had m mind. Mr. Meeitt. Wherever we can not enforce the Federal law be- cause of the peculiar conditions, for example in this case here, we resort to the enforcement of the State law, and m a good many of the States where they have a larare number of Indians they have en- acted State laws for the protection of the Indians, and we have co- operated Avith the local oiRcials in enforcing both the local and Federal laws. The Chairman. I think it is very commendable m the department to endeavor to protect the Indians under any law they can. Mr. Meritt. It is necessary that we have an increased appropria- tion for the work because we have very greatly increased our operations under the laws passed by Congress, which it is our duty to enforce. Commissioner Sells has taken an unusually active interest m en- forcing the liquor laws, and he is particularly interested m this ap- propriation and has requested me to do everything that 1 can to 38 INDIAN APPEOPEIATION BILL, 1917. submit all the facts to the committee so as to get this appropriation of $150,000. We need the full amount requested. The Chairman. With reference to the Indian Territory, does your police force there, who protect the Indians against the sale ot liquor, work in connection and harmony with the State officers^ Ihat being a prohibition State it is unlawful to sell to anyone, either white, black, or red. Do you find any trouble between the two sets of officers, Federal and State officers, in preventing the sale of liquor? Mr. Meritt. No, sir. We instruct our officials under the Federal Government to cooperate with the State officials and keep in close touch with them. There is cooperation practically everywhere, so far as our force is concerned. • The Chairman. Do you adopt there the same course that you spoke of at Okanogan, Wash., to prosecute under the laws of the State in the State courts as well as under the Federal laws in the Federal courts? Mr. Meritt. Yes, sir. The Chairman. That is the cooperation that you speak of ? Mr. Meeitt. Yes, sir. Mr. Carter. As a matter of fact, all the prosecutions in Oklahoma are under the Federal laws, are they not ? Mr. Larson. There are quite a number of State prosecutions. Mr. Carter. Is it necessary under the law to resort to the State courts? Mr. Larson. Yes, sir ; under the rulings of the court it is necessary. Mr. Meritt. That is the reason we are asking for this appropria- tion. Mr. Norton. Referring again to the treaty governing the sale of liquor on the Indian reservation near Hibbing, Minn., can you tell the committee when that treaty expires or how long it will apply to that particular territory? Mr. Larson. It will apply to that territory " until Congress other- wise provides," that is the language of the treaty. Mr. Norton. In the event that the Indians in that district should become citizens, what then would be the force of the treaty ? Mr. Larson. I see no reason why that should affect the force of the treaty at all. I might say in that connection that there are nearly twice as many Indians now in that territory as when the treaty was made in 1855. There are about 7,900 Indians living in that territory at the present ^time. Mr. CARTEEr What you intend to do by the reenactment of the act of March 1, 1895, is to exclude the interchan^ of liquors across the line from what was Oklahoma to what was the Indian Territory? Mr. Larson. Yes, sir. Mr. Carter. And the courts have held, you say, that that can not be done under the laAv as it exists now ? Mr. Larson. Yes, sir. Mr. Meritt. We want to place all parts of Oklahoma on the same footing. The Chairman. And it is necessary to repeal that law in order to do it? Mr. Meritt. To extend this law to eastern Oklahoma. Mr. Carter. You want to extend this law to old Oklahoma? Mr. Larson. To eastern Oklahoma. INDIAN APPKOPEIATION BILL, l&ll. 39 Mr. Carter. That is what I understood Mr. Meritt to say ? Mr. Meeitt. Yes, sir; to eastern Oklahoma. Mr. Carter. You say that you want to put all of Oklahoma on the same basis ? Mr. Meritt. Yes, sir. Mr. Carter. All that is necessary to do is to extend that to old Oklahoma, western Oklahoma? Mr. Meritt. No, sir. We want to put all parts of Oklahoma on the same basis. Mr. Carter. If what Mr. Meritt says is true, I do not understand what Mr. Larson meant to say. Mr. Meritt. We want- to extend the provisions of this law to. eastern Oklahoma so that the law will apply to both. Mr. Carter. Is that it? Mr. Larson. I think I can clear up the situation. The purpose is- to apply this law to eastern Oklahoma, which was formerly the In- dian Territory, and tb make the conditions existing there the same as on the Indian reservations in the western part of the State. Mr. Carter. In other words, to prevent the shipment of whisky from old Oklahoma to old Indian Territory? Mr. Larson. Yes, sir. Mr. Carter. Which the present law you say will not do? Mr. Larson. No, sir. Mr. Carter. Is the act of March 1, 1895 now in force? Mr. Larson. It is enforced according to the decision of the courts- so far as it affects interstate shipments only. Mr. Carter. Would it be more rigidly enforced by the adoption of this clause which you have submitted? Mr. Larson. That is based on the decision of the Supreme Court in the Joplin Mercantile case, in which decision they say that Con- gress has the power to reenact that law. The purpose of inserting it here is to comply with the suggestion of the Supreme Court in that case. Mr. Meritt. We have also taken up this proposed legislation with the United States district attorney for the district of Oklahoma, and he approves this proposed legislation. The Chairman. Would the prosecution against the Comanches, Kiowas, and other tribes in old Oklahoma be governed by the same law as the prosecution would in eastern Oklahoma, if we adopted this amendment? Mr. Larson. No, sir. The Chairman. What would be the difference? Mr. Larson. There would be a special act, this act of March 1, 1895, which would apply to the sale of liquor of all kmds to the- Indians or to any person in the eastern district of Oklahoma, while as to the western district the act of January 30, 1897, would apply. The Chairman. I would like to know why it is that the western district can ship whisky and have been permitted to sell it in eastern Oklahoma, to the old Indian tribes, under what law or construction of law they are able to do that? Mr. Larson. I do not know that I can answer that question. _ The Chairman. That is what I do not understand, why it is necessary ? 40 INDIAN APPEOPEIATION BILL, 1917. Mr. Larson. The Supreme Court in the Jopliii Mercantile case held that the enabling act, admitting Oklahoma into the Union, par- ticularly remitted to the State all intrastate prosecutions during the pendency of constitutional prohibition in the State of Oklahoma. Mr. Carter. I can not understand how this provision is going to help you. You simply provide for the reenactment of section 8 of the act of March 1, 1895, which section, you say, is in full force and effect now. Mr. Larson. That section is in full force and effect in so far as it relates to prosecutions from without the State of Oklahoma. In other words, if a man takes liquor, we will say, from Kansas City, Mo., to some point in the Indian Territory, formerly he could b» prosecuted in the Federal courts for such offense, under section 8 of the act of March 1, 1895. If he takes the liquor from Oklahoma City (old Oklahoma) over to Muskogee or any other point in the eastern district of Oklahoma, it is under the Federal law as inter- preted by the Federal courts. • Mr. Carter. Will that make it an offense ? Mr. Larson. Yes, sir; I think so. Mr. Carter. Just simply reenact what is now in force, as I under- stand your position? Mr. Larson. The point would be this, as I see it, that the reenact- ment of section 8 of act of March 1, 1895, will make in force at the present time a law prohibiting the carrying or assisting in carrying of liquor to what was formerly the Indian Territory, without regard from whence it comes. There was no limitation in the wording of the statute as it was prior to the enabling act. Mr. Carter. What act? Mr. Larson. The enabling act which admitted Oklahoma to the Union as a State. Mr. Carter. What part of the enabling act? Mr. Laeson. That portion of the act which remits to the State certain powers with reference to prohibition. Mr. Carter. Do you have much trouble with whiskey being shipped from one side of the State to the other? Mr. Larson. Yes; practically all of the liquors, or the greater majority of the liquors, which come into the eastern district of Oklahoma come from the western side. Mr. Carter. You take down in the vicinity of Ardmore, Hugo, Durant, and Idabel, where many of the Choctaw and Chickasaw Indians hve, you do not have any shipments there, do you? Mr. Larson. They come from Shawnee into that territory, into the Seminole country particularly. Mr. Carter. I am talking about the Choctaw and Chickasaw country; include McAlester, Wilburton, and Poteau? Mr. Larson. That comes largely from Texas. We have consider- able operations there. Mr. Caet:^. What part of the country do most of these ship- ments come from? ^ 1 ^''■ril'''°ai, ^^^^ ""^^^ from Keystone, Okla., Yale, Okla., Cleve- land, Olda., Shawnee, Okla., and Oklahoma City. Mr. Carter. Does any of it come from Tulsa « Mr. Larson. It goes to Tulsa. INDIAN" APPEOPEIATION BILL^ 1917. 41 Mr. Carter. One would think from reading the papers that Tulsa was a sort of headquarters. - - Mr. Larson, We have some understanding of that kind, too, much to our sorrow. Mr. Carter. I_have seen a. great deal in the papers concerning Mr, Creekmore's career. These statements set out that he had arrange- ments with concerns in Missouri to bring this whisky in. '.Mr. Larson. Mr. Creekmore operates a wholesale establishment himself at Joplin, Mo., under the name of the Milwaukee Beer Co., and his operations in Oklahoma are largely in the line of soliciting orders at the present time. L Mr. Carter. He does not ship across the line ? - Mr. Larson: Not directly ; it is indirectly to these points that we have mentioned, 'Mr. Meritt. In connection- with- this item I would like to state the- niimber of officials and officers connected with the work. We have l_chief special officer, 2 assistknt ' chief special officers, 17 special officers, 2; clerks, 2 assistant clerks, and 72 deputy special officers, who receive either compensation or expenses for services rendered. Mr. Carter. Do not the deputy United States marshals give you considerable assistance ? Mr. Meritt. Oh, yes. The Chairman. Is there any chance to make a reduction in the item carried here because of the assistance received from those officers ? Mr. Meritt. No, sir ; we have been receiving that assistance right along. The Chairman. The next item relates to the relief of distress among Indians: For the relief and care of destitute Indians not otherwise provided for, and for the prevention and treatment of tuberculosis, trachoma, smallpox, and other contagious and infectious diseases, including transportation of patients to and from sanatoria, $300,000: Provided, That not to exced $90,000 of said amount may be expended in the construction and equipment of new sanatoria at a unit cost of not exceeding $15,000 : Provided further, That this appropriation may^ be used also for general medical and surgical treatment of Indians, including^ the maintenance and operation of general hospitals, where no other funds are applicable or available for that purpose : And provided further. That hereafter physicians regularly employed in the Indian Service may, in the discretion of the Secretary of the Interior, be allowed in addition to annual leave educational leave not to exceed 15 days per calendar year, such leave to be cumulative for two years, for postgraduate work. What justification have you for that? Mr. Meiritt. We offer the following justification, Mr. Chairman,, for this item : Relieving distress and prevention, etc., of diseases among the Indians. Fiscal year ending June 30, 1916. Amount appropriated $300, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 300, 000. 00' Amount expended 228, 766. 17 Unexpended balance '^1> 233. 83>. 42 INDIAN APPROPRIATION BILL, 1917. ANALYSIS oaf EXPENDITTJBBS. Salaries, wages, etc $63, 391. 29 Traveling expenses 13, 314. 56 Transportation of supplies 745. 50 Heat, light, and power (service) 38Z43 Telegraph and telephone service 270.17 Printing, binding, and advertising 326. 77 Subsistence supplies 18, 872. 11 Dry goods, clothing, etc 7,742.07 Forage 1, 198. 24 Fuel 3, 248. 99 Stationery and office supplies 271. 80 Educational supplies 243. 60 Medical supplies.-! 5, 989. 63 Equipment, material, etc 13, goo. 65' Construction 72, 57L 35 Repairs (to plant) 20, 014! 48 , Rent 46.32 Improvements on land 3, 500. 00 Miscellaneous 2,' 736. 21 228, 766. 17 Note. — Of the unexpended balance there are outstanding obligations on account of construction work amounting to $42,300.81. For relieving distress and prevention of disease among Indians, the same amount is requested as was appropriated for the fiscal year 1915, namely ¥300,000. Of this amount, it is proposed to expend $90,000 for the erection and equipment of six new hospitals, at a cost of not to exceed $15,000 each This will leave $210,000 for other purposes. The item of salaries, approximately $63,391.29, spent during the fiscal year 19Io, was in the payment of salaries of seven traveling special physicians who are eye specialists and who are engaged in the campaign against trachoma, and seven traveling dentists, six nurses, and two inspectors. There is also in- cluded the salaries of employees engaged in health work at the Bast Farm Sanatorium, Fort Lapwai Sanatorium, Sac and Fox Sanatorium, and the Laguna Sanatorium. Half the salary of the nurse and field matron at Tongue River IS also included. If the specific appropriation requested for the Fort Lapwai and the Sac and Fox Sanatoriums are enacted, the salaries of em- ployees at these institutions, amounting to $25,180, will be paid from such specific appropriations and not from the general appropriation. These specific appropriations requested for the Fort Lapwai and for the Sac and Fox Sanatoria are $40,000 for the former and $25,000 for the latter. This apparent saving to the general appropriation will, however, be more than offset by the necessity for maintaining six additional hospitals now under con- struction at Mescalero, Pima, Blackfeet, Carson, Turtle Mountain, Cheyenne, and Arapaho, which, it is expected, will be supported from the general appro- priation, as well as the hospitals at Red Lake and l^nd du Lac, if there are no other funds available. The six hospitals above referred to have an average capacity of 20 patients. The capacity of the hospitals at Red Lake and Fond Lac are 80 each. In connection with the sanatorium at Pima there is sup- ported m addition a camp hospital, the expenses of which are also paid from the general appropriation. It may be said in this connection that five sana- toria are to be completed during the present year at San Xavier, Hoopa Valley, lort Apache, Pine Ridge, and Jicarilla. It will thus be seen that the demands on the appropriation will be heavier than before. The additional hospitals and the gradual extension of the work necessitate increased expenditures for the administration and operation. T019 '^q?'o'1''?'^®t''"^io^®.?^?'''®''"^ °^ ^^^ ^ct of Congress approved August 24, lyi.^ (d7 btats. L 518, 519), a most thorough and extensive report upon the ^v ThiT,tv.r 'S"*'^?/"^^ '''}'^ infectious diseases among Indians was prepared by the Public Health Service, dated January 27, 1913, which was printed as conform^wr'"* '^'- ''''• ^he findings pursuant to 'this tavrs«ga'^:ion ful?^ conform with previous reports of the Indian Office sent to Congress recom- Sn'^s^ ZT^:^^ appropriations to^ medical and sanitary woik 'among the rSfrthfcS^^gi'ifoSU?^' '°' *^^ ^^^^°<^""- °^ --^-^'-^^^ INDIAN APPROPBIATION BILL, lOl?. 43 In addition to the support of the hospitals and the salaries of the traveling officials above referred to, the following mention is made of matters whieh will iequire especial attention during the fiscal year 1917. Items in this appropriation are made for relieving distress of afflicted or destitute Indians in cases where it is found necessary to prevent suffering, or otherwise care for their physical well-being. It is necessary at times to place them in other than Government hospitals ,where tliey may receive care, medi- cal or surgical attention, and where their expenses must be paid from this fund. In other cases it is necessary to provide actual subsistence wliere other funds are not available. The continuation of the campaign against trachoma and tuberculosis de- velops each year a widening sphere of action and calls for heavier expenditures for the employment of physicians and purchase of supplies. The purchase of vaccine is made from this appropriation. A continued and persistent effort is necessary to instruct Indians in personal and domestic hygiene and to teach them measures necessary to guard against contagious and infectious diseases. Educative measures are found to be of great means of assistance in this direction, and this education should be more widely attempted by means of instruction, lectures, demonstrations, and such other means as may be found impressive in impressing upon the Indian the importance of these things. Coincident with this teaching a constant effort is made to correct Insanitary conditions in Indian homes, which are responsible in a large degree for the spread of trachoma, tuberculosis, and other Infectious and contagious diseases. Where Indians have not the funds to their credit to make improvements neces- sary, the general appropriation is drawn upon. There will be purchased such items as screening, doors, double windows, etc. The disposal of sewage is on many reservations a serious question, and has been handled badly by the Indians in the past, with resultant contamination of water supplies, and a consequent high mortality. More attention will be paid to this matter in the future, and Indians will be encouraged to correct these conditions. Where Indians have not the funds necessary, the general appropriation will be drawn upon to purchase pumps, dig wells, and build sanitary outhouses. During the course of the year there are frequent and numerous calls from the field to fight epidemics, for which emergency drugs, vaccines, and other supplies must be purchased. This calls, of course, for an immediate response. The variety of expenditures from this appropriation is indicated by the above, but does not comprise all the calls on this appropriation, which arise durmg the course of the fiscal year. During the last few years the service has been im- pressed with the need for better facilities for carrying on the health work, it is believed that the recent increases in the appropriations have been the means of accomplishing much good, but the field is large and the experience of the present day indicates that the work of eradicating disease is slow and requires continued and persistent effort. In connection with the proviso : "That hereafter physicians regularly employed in the Indian Service may in the discretion of the Secretary of the Interior be allowed m addition to annual leave, educational leave not to exceed 15 days per calendar year, such leave to be cumulative for two years, for postgraduate work. i„=tonPP« far it mav be said that physicians in the Indian Service are in many instances far from Luroad poYnts^and have no opportunity of attending county medical socie- ties, and their salaries do not permit them to indulge to a»iy|reat extent in me purchase of medical magazines, books, or other educational features. They are reauired to do general practice work as well as highly technical work, sucn as Xctfon andTseases^f the eye, to which I^ The Chaiemak. I see that the language is changed. The present law reads : " To relieve distress among Indians and to provide for their care and for the prevention and treatment of tuberculosis," etc., and the language now is, " For the relief and care of destitute In- dians not otherwise provided for," etc. Can you give us some reason why you have changed this language? ; Mr. Meritt. There is really no change in the purpose of the legis- lation; it is simply a change of language so as to describe more* nearly what we have been doing under the appropriation provide^ by Congress. ; The Chairman. You have now done what you proposed to do under the old law as it exists ? Mr. Meritt. Yes, sir. The Chairman. Then why change it? Mr. Meritt. In order to more clearly define the duties. There is also a new proviso connected with this legislation : '■ And provided further, That hereafter physicians regularly employed in the Indian Service may, in the discretion of the Secretary of the Interior, be allowed in addition to annual leave educational leave not to exceed 15 days per calendar year, such leave to be cumulative for tvs^o years for postgraduate work. ; The Chairman. What is the necessity for that change? Mr. Meritt. We have quite a large number of physicians in the service — about 200 — and those physicians are located, usually, far removed from universities where they can take this postgraduate work. They get small salaries, the average salary being $1,200, and this is to enable these physicians every two years to go to school and to take postgraduate work, and thus keep in touch with modern medical science. It will be helpful to the service and beneficial to the Indians, and it will keep our physicians right up to date. Mr. Carter. I notice, Mr. Meritt, that you have made up this bill from the bill which provided for the fiscal year ending June 30, 191S). That is the bill which was passed two years ago, is it not? : Mr. Meritt. Yes, sir. The joint resolution extended that bill Mr. Carter. It extended the same bill over the present fiscal year? Mr. Meritt. Yes, sir. ■] Mr. Carter. I see that you have this language in the first proviso: Provided, That not to exceed $3,500 of the amount herein appropriated may be expended for the purchase of improvements on land to be deeded to the Govr ernment by the school board of district No. 57, State of Idaho. Mr. Meritt. That is not connected with this item. ■ Mr. Carter. No ; that was one of the old items which was stricken out. What I wanted to ask you was what happened last year. Was that held to be a continuing appropriation or was that the end of that appropriation? Was that an appropriation for a specific year which was not continued by the joint resolution? Mr. Meritt. That, of course, was simply for that specific yea^ and was held not continuing. : , INDIAN APPEOPEIATION BILL, 1917. 45 Mr. Carter. Then the one following it, relating to the Fort Spo- kane Military Reservation, was a specific appropriation and not con- tinuing, I take it. Mr. Meeitt. Yes, sir. Mr. Carter. Then you have a still further proviso : That not to exceed $100,000 of the aniouut herein appiopi-iated may be ex- pended in the erection and equipment of hospitals for the use of Indians, and no hospital shall be constructed at a cost to exceed $15,000, including equipment. Was that a continuing appropriation ? Mr. Meritt. Yes, sir ; that was held by the Comptroller to be a continuing appropriation. Mr. Carter. And it was carried on last year? Mr. Meritt. It is being carried out in the present fiscal year. Mr. Carter. I suppose you have a statement of the amount ex- pended ? Mr. Meritt. Yes, sir ; we have a report to Congress. Mr. Carter. I was going to ask you whether you had a report as provided for by the proviso succeeding that ? Mr. Meritt. Yes, sir; it is found in House Document No. 139, Sixty-fourth Congress, first session. It is a short report, and, if agreeable, I will include it in the record at this point. The Chairman. It is this proviso ? — That hereafter the Secretary of the Interior shall submit to Congress annually a detailed report as to all moneys expended in the erection of hospitals as pro- vided for herein. Mr. Meritt. Yes, sir. The report referred to follows : Statement of expenditures for the fiscal year 1915 from the appropriation "Relieving distress and prevention, etc., of disease among Indians," on ac- count of the construction of hospitals, act of Aug. 1, 1914 (38 Stat L., 584), to and including Nov. 8, 1915. S'uperintendency. State. Advertis- ing. Construc- tion. Equip- ment. • Total. BlacMeet $43. 04 47.03 44.57 46.81 49.05 45.57 $14,466.67 14,666.66 5,786.66 $58. 63 127.35 135.00 263.25 148.40 195. 70 $14, 568. 34 Carson. . Nevada 14 841 04 5, 966. 23 Pima... Arizona 310. 06 197. 45 Turtle Mountain North Dakota 9,779.20 10,020.47 Total 276. 07 44,699.19 928. 33 45, 903. 59 Outstanding oMigations on account of construction .' $42, 300. 81 Note.— The appropriation provided by Congress for the fiscal year 1915, act ot August 1, 1914 (38 Stat. L. , 584), under "Believing distress and prevention, etc., ot disease among Indians," amounting to $300,000, ncludes an item of $100,000 which may be expended in the erection and equipment of hospitals tor the use of Indians. The ledgers of the Indian Office show that there has been expended up to the date of the preparation of this report, in the construction and equipment of hospitals, $45,903.59, and that the out- standing o'lligations in connection witli these hospitals amount to $42,300.81, or a total of $88,204.40. Whatever uart of the $100,000 may remiin unexpended and uno'jligated is applicable for expenses in- curred in 1915 for other purposes provided in the act, which have not been paid up to this time. Mr. Carter. Have you said all that you desire to say about the necessity for the change in that language ? Mr. Meritt. Yes, sir. The changes that have been made are simply minor changes. 20527—16 4 '46 INDIAN APPKOPEIATION BILL, ISW. Mr. Norton. This $300,000 in the last item is the same as you had before for the relief of distress among Indians? Mr. Meeitt. Yes, sir; but we are asking, in other parts ot the bill, for specific appropriations for two sanitoria that have heretofore been provided for out of this appropriation. That is necessary be- cause we are constructing these new hospitals. Mr. Norton. Where are those items? Mr. Meritt. The one is at Sac and Fox, Iowa, and the other is a sanitorium at Fort Lapwai, Idaho. I call your attention to that at this time because the building of these new hospitals will necessarily increase the expense of our medical work, and it is necessary to pro- vide for those two institutions specifically in order to care for the hospitals that we have already constructed out of this appropriation, as authorized by law. The Chairman. Have you any unexpended balance out of this appropriation of $300,000; and if so, how much? Mr. Meritt. We have an unexpended balance of $71,233.83, or had on the first of July, but there may be some outstanding obligations, and undoubtedly will be, which will take up all of that appropriation. The Chairman. Is this a continuing appropriation, or does it have to be reappropriated ? Mr. Meritt. No, sir ; this is an annual appropriation. The Chairman. Then you have outstanding contracts which will take up this balance? Mr. Meritt. Yes, sir; outstanding building contracts which will lake up practically the entire appropriation. We find it difficult to get along with the $300,000, and there will be practically no balance in this appropriation. The Chairman. The next item is: For support of Indian day and industrial, scliools not otherwise provided for, for otlier educational and industrial purposes in connection therewith, and for tuition of Indian children in public schools, $1,550,000 : Provided further, That not to exceed $40,000 of this amount may be used for the support and education of deaf and dumb and blind Indian children : Provided, That no part of this appropriation, or any other appropriation provided for herein, except appro- priations made pursuant to treaties, shall be used to educate children of less than one-fourth Indian blood whose parents are citizens of the United States end of the State wherein they live and where there are adequate free school facilities provided and the facilities of the Indian schools are needed for pupils of more than one-fourth Indian blood : Provided further, That no part of this appropriation shall be used for the support of Indian day and industrial schools where specific appropriation is made. I see you ask for the same amount, $1,550,000. Have you any sug- gestions to make as to that ? Mr. Meritt. We offer the following justification for this item, Mr, Chairman. Indian schools, support. Fiscal year ending June 30, 1916, amount appropriated $1,500,000.00 Fiscal year ended June 30, 1915: Amount appropriated ^ 1, 500, 000. 00 Amount expended !_____ 1, 398, 993. 78 Unexpended balance "101,006.22 1 This is not a flnal balance, as there may be outstanding obUgatlons yet to be charged against the appropriation. a a jf INDIAN APPROPEIATION BIU., 1017. 47 A}ialysis of c.riiciidUurcfi. Salaries, wages, etc $763,824.36 Traveling expenses ^ 13, 039. 04 Transportation of supplies 49,518.19 Heat, light, and power (service) 5,691.76 Telegraph and telephone service 1,603.70 Printing, binding, and advertising 86.20 Subsistence supplies 201, 107. 77 Dry goods, clothing, etc 117,935.66 Forage 28,926.77 Fuel 76, 950. 90 Stationery and office supplies 18, 666. 34 Educational supplies 15, 602. 71 Medical supplies 4, 651. 10 Equipment, material, etc 88,617.71 Tuition of pupils in public schools 7, 526. 69 Miscellaneous ^ 5, 244. 88 1, 398, 993. 78 This appropriation is the same amount as the appropriation for the fiscal year 1915. The fund is required for the support and education of Indian children in those schools for which no specific appropriation is made or use of tribal funds authorized, including day schools and public schools where tuition is paid. The amount requested for support and education of deaf, dumb, and blind children is $40,000. Defective children who are unfitted for attendance at schools for normal children are being placed in institutions suited to their needs as rapidly as accommodations can be found for them. From reports for the school year 1915 it is found that there are in all 84,929 Indian children of school age, of whom 6,596 are ineligible for school attendance, leaving 78,333 to be provided for in Government, public, or private schools. The following enrollment is shown : In Government reservation boarding schools, 9,899 ; in nonreservation boarding schools, 10,791 ; in Government day schools, 7,290 ; making a total of 27,960 enrolled in Government schools. There are also enrolled in private and mission schools 5,049, and in public schools 26,438, so far as information has been received. This makes a total of 59,447 Indian children in all schools of whatsoever character, outside of the Five Civilized Tribes. The situation during the fiscal year 1917 will not differ materially from that existing in the years 1915 and 1916. Plans made for the use of the 1915 appro- priation for building schools for the Navajo Indians will result in an increased capacity of 260. Buildings completed and ready for use will care for 90 of these children, and therefore the statistical table given above shows only that number. Doubtless capacity as planned for the other 170 Navajo children will be in use during the present year. For the fiscal year 1916 a similar appropriation of $100,000 is also available, and plans for the use of this amount will provide an additional capacity for the Navajos of approximately 180. It is expected to complete a part of this, at least, during the fiscal year, but it may not all be completed until the early part of 1917. Of the Navajos there are about 30,871 and of the Pagagos about 6,990. Esti- mating on a basis of 20 per cent, there would be of the Navajos 6,174 school children and of the Papagos 1,390 school children. Due to the continuous effort, which is being made to bring about the attendance of Indian children in the State public schools, enrollment in the Government schools would be somewhat lessened, but this decrease would undoubtedly be made up by enrollment of new pupils and increased enrollment of Papago and Navajo children as fast as facili- ties for the latter two tribes are provided. The policy of favoring increased enrollment of Indian children in the public schools of the States is believed to be sound and the Indian Office attaches great importance to this endeavor and to the need of ample means with which to accomplish this work. The fund will be used to secure attendance in the public schools by payment of tuition therefor where the States do not recognize the right of the Indian to attend or the State auhorities do not feel it incumbent 48 INDIAN APPEOPEIATION BILL/ 1S17. S?^ nontaxable InSan lands and the Indians do not contribute to the support ''ReLSt"the° provision reauiring oue-a«arter degree of Mian bl.od for enfollmen in the Government schools, this has been in efCec since the fiscal year 1912. Directions calling for adherence to the spirit and letter of the law have been issued and it appears that superintendents of schools are more and more generally complying with this requirement. Dui-ing the next year gradually increasing cost of all supplies is expected to cause a heavier drain on the appropriation. Salaries of employees have not been increased except in a verv few and exceptional Instances. A list of the schools depending mainly on the fund " Indian schools, support," for expenses of oper- ation is attached. The balance of $62,498.76 of this fund shown in the justifi- cation for the 1916 bill has been reduced by payments since that time to» $50,552.10, and it appears probable that still further reductions will be made by further paj'ments therefrom. We also make a report to Congress as to this appropriation, as required by the Act of Mach 2, 1887, and that report is found in House Document No. 121, Sixty-fourth Congress, first session. The Chairman. Is it a short report? Mr. Mebitt. Np, sir ; it is quite a long report, one which goes much into detail. The Chairman. Then we will not print it. Mr. Meritt. We have a short statement in our justification as to the use of this money. You understand that this appropriation is used to maintain all day schools and also all reservation boarding schools, the nonreservation schools being provided for specifically in the bill elsewhere. The Chairman. All the schools, both boarding and day schools on the reservations, are carried in this appropriation of $1,550,000? Mr. Meritt. Yes, sir ; and it provides also for the tuition in public schools. The Chairman. Does that include the Sioux Indians of South Dakota? Mr. Meritt. We have a specific appropriation for the education of the Sioux Indians which will be found later in the bill. The Chairman. Of that State? Mr. Meritt. Yes, sir. Mr. Carter. Have you any reservation schools on the Sioux reser- vations which are taken care of by this appropriation? Mr. Meritt. No, sir ; a specific appropriation cares for the regular schools in the Sioux country. The Chairman. I see a provision here as follows: That no part of this appropriation, or any other appropriation provided for herein, except appropriations made pursuant to treaties, shall be used to educate children of less than one-fourth Indian blood whose parents are citizens of the United States and of the State wherein they live. Mr. Meritt. You recall, Mr. Chairman, that you incorporated that legislation in the Indian bill two or three years ago, and it has been very helpful in getting out of these nonreservation schools children of less than one-fourth blood who ought to be educated in the schools in the immediate vicinity where they live, and it has been also help- ful in enabling us to provide education for the more worthy In- dians and children who are Indians in fact. INDIAiS; APPROPRIATION BILL, 1917. 49 The Chairman*. As I understand it, a great many persons who were cititzens of the State and entitled to send their cliildren to the State schools were receiving this education for their children. Mr. Meeitt. Yes, sir; a few years ago we had quite a number of white Indians in the non-reservation schools. The Chairman. They have been eliminated under this provision of the act ? Mr. Meritt. Yes, sir. Mr. Norton. This would enable the department to debar children of less than one-fourth Indian blood from attending Indian schools on any reservation? Mr. Meeiit. "Where they have adequate school facilities. Mr. Norton. If there were no adequate school facilities outside of the Indian schools, woiild they then be permitted to attend the Indian schools ? Mr. Meritt. In extreme cases we might permit them to attend Indian schools, provided they were in fact Indians, but of less than one-fourth degree. But those people usually ha\'e school facilities. The Chairman. They must also be citizens of the United States, I presume. Is that the rule that you ha\'e been adhering to ? Mr. Meritt. The question of citizenship has not been one of the controlling factors because citizenship has been decided by arbitrary legislation. For example, prior to the general allotment act of February 8, 1887, all Indians who were allotted were declared to be citizens, whether they were full bloods or mixed bloods ; that is, prior to the enactment of the Burke Act of May 8, 1906 ; but the Indians who were allotted after that date are not citizens until the trust period expires or until they are given patents in fee. You will note, Mr. Chairman, that we are leaving out two provisos connected with this item. The Chairman. That is already existing law, is it not? Mr. Meritt. Yes, sir; and under the appropriation of $1,550,000 we can care for the education of those Indians in public schools, and we would suggest that there be no limitation on the amount to be used, because we are gradually working the children into the public schools, and it is possible that we may need more than $20,000. And we will also take care of the education of the Papago Indians out of this appropriation. Mr. Carter. You will take care of those Papagos out of this appro- propriation without the direction of Congress? Mr. Meritt. Yes, sir. The Chairman. The next item is : For construction, lease, purchase, repair, and inijirovement of scliool and agencv buildings, including the purchase of necessai-y lands, and the installa- tion, repair, and improvement of heating, lighting, power, and water systems in connection therewith, $450,00(>: I'rcriiU'iJ. That thereafter the Seo-etary of the Interior is authorized to allo%v eraplo.\-ees in the Indian Service, wlio are fur- nished quarters, necessary heat and light for such quarters without charge such heat and light to be paid for out of the fund chargeiible with the ™st ot heating and lighting other buildings at the same place: J'roindcd furllier, ihat the amount so expended for agency purposes shall not be included in Hie maxi- mum amounts for compensation of employees prescrilieil by section one, act ot August twenty-fourth, nineteen hundred and twelve. What justification have you for that? 50 INDIAN APPEOPRIATION BILL, 1917. Mr. Meeitt. We offer the following justification for this item: Indian school and agency huildings. Fiscal year ending June 30, 1916, amount appropriated $430,000.00 Fiscal year ended June 30, 1915 : Amount appropriated 440, 000. 00 Amount expended ___! 355, 866. 97 Unexpended balance ' 84,133.03 ANALYSIS OF EXPENDITUKBS. Salaries, wages, etc 9, 720. 16 Traveling expenses 3, 892. 64 Transportation of supplies 803. 51 Telegraph and telephone service .2 67 Printing, binding, and advertising 28. 40 Stationery and office supplies 45. 00 Equipment, material, etc 59. 57 Construction 154, 150. 00 Repairs (to plant) 156,493.33 Rent 28, 616. 69 Land 1 1, 459. 40 Water 315.80 Miscellaneous , 279. 80 355, 866. 97 Amount requested for construction, lease, purchase, repair, and improvement of school and agency buildings, sewer, water, and lighting systems, and for purchase of lands, $450,000. Superintendents of the schools and agencies entitled to the use of this ap- propriation have requested new construction, repairs, improvements, rent, and miscellaneous expenditures amounting to a total of $1,219,270. The attached table shows the value of school and agency property, including buildings, heat and power plants, and lighting and water systems at schools where this appropriation is used, amounting in all to $5,434,152.10. It has been the purpose to use this appropriation primarily for repairs and upkeep of existing school and agency plants. New construction has been un- dertaken in cases where it seemed important, and especially where necessary in order that schools already established might not fail of their usefulness be- cause of the need of certain buildings or improvements with which to carry on their operations. Some school plants, on the other hand, have never been fully completed, and from year to year a few improvements are made or new build- ings constructed so far as money can be spared. These improvements have consisted of water systems, sewer systems, heating and lighting plants, a few schoolhouses and dormitories, some smaller buildings and cottages of moderate cost for employees, and also new machinery, engines, pumps, etc. Allowing for new construction, one-third of the $450,000 requested which is a conservative estimate, the $300,000 available for repairs to school and agency property would represent 5J per cent of $5,434,152, at which the property is valued. It has proved necessary in the past to allow from 5 per cent to 10 per cent of the value of the school and agency plants of the Indian Service for repairs and upkeep. The percentage necessary for the purpose is perhaps hi^-her than with many classes of property in private ownership, but it must be remembered that the school plants in particular are subject to more than ordinarily hai'd usage. It has always been found difficult to keep the property in good condition with the amounts available from yearly appropriations. It should be said that the unexpended balance for the fiscal year 1915 is not a final balance and will be materially reduced when all obligations have been 1 This is not a final balance, as tliere may be outstandins ohliVatinna „„t *„ k ■charged against the appropriation. uuthtanamg obligations yet to be INDIAN APPEOPRIATION BILL, 1917. 51 met. In this connection it may be said tliat the justification presented by the Indian Office for this appropriation for the fiscal year 1915 showed an unex- pended balance of $35,453.85 from the appropriation for the fiscal year 19M. It was suggested at that time that such balance would be reduced, and such proved to be the case. At the present time there remains approximately $12,000 from the appropriation for the year 1914, with the probability of further reduction. , Unexpected demands for the use of funds arise more frequently where build- ing or repair money is required by reason of the many contingencies which call for expenditures of this character. The service has been unfortunate in having buildings occasionally destroyed by fire. Water systems, heating and lighting systems, and the machinery which is used therewith frequently give out. The repair of such systems is expensive, and their actual condition can not be always foreseen. The call for repairs of various kinds to the buildings on the other hand, is of constant occurrence, and it has never been possible to make all the actual repairs which superintendents have requested. These observations apply more especially to school plants, but equally to agency properties. We have also been required by the act of March 3, 1911, to make to Congress a report of expenditures under that appropriation ; that report will be found in House Document No. 116, Sixty-fourth Con- gress, first session. It is quite a long report and goes into detail as to expenditures under this appropriation. The Chairman. I see you have changed the language here in some respects. The old language was " For construction, lease, purchase, repairs, and improvements of schools and agency buildings," etc. Mr. Meeitt. That is in order to make it grammatical. We have made it read, " Repair and improvement of school and agency buildings." The Chairman. You have stricken out the words " and sites, and for sewerage, water supply and lighting plants, $440,000." Why have you stricken out those words and rewritten a portion of the paragraph ? Mr. Meeitt. Well, we thought it better to make it read " including the purchase of necessary lands, and the installation, repair, and im- provement of heating, lighting, power, and water systems in con- nection therewith, $450,000." The Chairman. Is it not a fact that you did not have the right before to include the purchase of necessary lands? What do you mean by that ? Mr. Meeitt. The law read " sites," but we wanted to make it per- fectly plain that we had authority to purchase lands for school purposes. The Chairman. The word " sites " was not strong enough to in- clude the purchase of necessary lands? Mr. MfcRiTT. It might not include enough land for a garden or for a little farm in connection with maintaining the day schools. The Chairman. Do you intend to purchase anything like a farm or pasture land? Mr. Meeitt. At these day schools on the reservations we usually have a little farm connected with them so as to grow the vegetables and raise the cattle connected with the school plant. The Chairman. Who is the judge— the department? Mr. Meeitt. The Commissioner of Indian Affairs and the becre- tary of the Interior. , ^, .l ^ i ^.i. The Chairman. Heretofbre it has been the custom to have the industrial schools have farms attached to them for the purpose of 52 . ijstdiak apphopkiation bill, ]91"I. teaching the Indians how to farm, raise stock, etc., and with this provision wotild you not have enough land to make an industrial school out of every nonreservation school? .air. Meeitt. All of our schools are more or less industrial schools. AVe are emphasizing that in all -our educational institutions, whether they are day schools, nonreservation boarding or reservation board- ing schools.. ; Mr. Carter. What is the necessity for having to purchase a site on an Indian reservation? Mr. Merttt. The lands, sir, on a large number of the reservations have been allotted and we have no. remaining tribal lands, and for that reason it is necessary to buy the land from the Indian allottees. Mr. Carter. Is this money' only used to buy land from an Indian allottee? Mr. Meritt. Unless the land that we want to purchase has been transferred from the Indian to a white man and the particular site is owned by a white man; but we usually endeavor to buy the land from an Indian. Mr. Carter. When you buv a site from an Indian and take the land that he has what becomes of the Indian ? Mr. Meritt. Well, the Indians on most of the reservations have surplus lands or inherited allotments. Mr. Carter. If you buy his allotment for a school site, what is going to become of him? Mr. Meritt. We would not take all of his allotment, but if we did we would get that Indian to reinvest that money in an improved allotment. Mr. Carter. How can you do that if the land has all been taken up? Mr. Meritt. We can buy an inherited allotment. Mr. Carter. Might not that be dene for the schools ? Mr. Meritt. Yes ; that could be done. We do that in a great many cases. Mr. NoRTOJj. In this appropriation for the next year, does your estimate provide for taking care of the improvement of the water system at Fort Totten, N. Dak. ? Mr. Meritt. That is a specifically provided for school, and we have an estimate for that in another part of the bill. Mr. Norton. That is not included in this? Mr. Meritt. No, sir. This appropriation here only provides for day schools and reservation boarding schools, and the Fort Totten school is a specifically provided for school, and that will be found under the State of North Dakota. The Chairman. I see you have raised the amount from $440,000 to $450,000, and I notice that you have stricken out the last proviso. I presume that work has already been done, which is the reason for striking it out. Mr. Meritt. The superintendent failed to submit complete plans for that improvement prior to the close of the year, but we have that improvement now in course of construction and that improvement will be made very soon. The Chairman. Is that the reason you. raised the amount $10,000? Mr. Meritt. No, sir; the reason we raised this appropriation is because we are putting up additional buildings and the buildings INDIAA' APPEOPBIATION BILL, 1917. 53 have been constructed so long that it requires more money to keep them in repair. We have several millions dollars' worth of buildings and some of those buildings are getting old. The Chaieman. What percentage of this amount have vou esti- mated for repairs? Mr. Meritt. Probably 60 per cent of the appropriation will be for repairs, more than 50 per cent. The Chairman. What is the difference between wooden buildings and stone and brick buildings as to the necessity for repairs r Mr. Meritt. Of course, the stone buildings are more endurable. The Chairman. You can not estimate the difference between the two ? I know that you have a great manv stone and brick buildings in the West. " ^ Mr. Meritt. Yes, sir ; the brick and stone building lasts longer than the frame building. We are building them now more substan- tially than formerly. The Chairjian. The cost of repairing those buildings is not nearly so great as for repairing the wooden buildings? Mr. Meritt. No, sir. The Chairman. You think that of this amount about 60 per cent would be for repairs? Mr. Meritt. Yes, sir; and improvements. The Chairman. The next item is: For collection and transpDrtation of pupils to and from Indian and public schools, and for placing school pupils, with the consent of their parents, under the care and control of white families qualified to give them moral, industrial, and educational training, $7.o,000: Prorided, That not exceeding $.5,000 of this sum may be used for obtaining remunerative employment for Indian youths and, when necessary, for payment of transportation and other expenses to their places of employment. The provisions of this section shaU also apply to native pupils of school age under twenty-one years of age brought from Ahislva. What justification have you for that? Mr. Meritt. We are offering the following justification for this item: Indian school transportation. Fiscal year ending June 30, 1916, amount appropriated ifT2, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 72, 000. 00 Amount expended 67, 660. 24 Unexpended balance ' 4, 339. 76 ANALYSIS OF EXPENDITURES. Traveling expenses 67, 205. 11 Telegraph and telephone service 437. 13 Miscellaneous 18. 00 67, 660. 24 Number of children enrolled in nonresfrvatiou schools during the !)ast three years: In 1913, 10,702; 1914, 10,857; 1915, 10,791. Transportation of Indian pupils, amount requested, .$75,000. Nearly all of this appropriation is used for payment of the transportation of children to and from nonresai'vation schools. A small fimount is used at re.ser- vation schools and for the transportation of Indian children to Government day 1 This is not a final balance, as there may be outstanding obligations yet to be charged against the appropriation. 54 INDIAN APPEOPEIAXIOSr BILL, 1911. schools and to public schools, who otherwise would be unable to attend the same because the distance is too great for them to walk. In many cases the furnishing of such transportation makes it unnecessary to enroll these Indian children In boarding schools. Three thousand three hundred dollars only of the appropriation was set aside in accordance with the terms of the item for the purpose of obtaining remun- erative employment for Indian youth. Before the close of the fiscal year 1915, a number of superintendents sub- mitted requests for additional apportionments from this fund to cover the return home of pupils whose terms had expired. In many cases only a small portion of the amount requested could be allowed and a few superintendents of nonreservation schools reported to the office that because there were no funds available from this appropriation at the close of the school year they used miscellaneous receipts, Class IV, to cover the expense of returning pupils to their homes. Sums reported amounted to between two and three hundred dollars. In some cases where Indian children are financially able to do so, they have been required to pay their own transportation to nonreservation schools but as increased care is exercised to enroll only children who would otherwise be deprived of an education, the number who can be called upon to pay their own transportation will be likely to diminish rather than increase. We ask for an increase of this appropriation of $3,000. This ap- propriation was formerly $80,000, but two years ago they cut it to $72,000, and we find it difficult to meet all of the expenses connected with the transportation of pupils because of this decrease in the ap- propriation, and we are asking for $3,000 on that account. The Chaieman. I see you have stricken out language appearing in lines 15, 16, 17, and 18, as follows: "In the transportation and placing of Indian youths in positions where a remunerative em- ployment may be found for them in industrial pursuits," and have substituted this language : " For obtaining remunerative employment for Indian youths and, when necessary, for payment of transporta- tion and other expenses to their places of employment." Is the word "necessary" there the only change? Is that the only difference? Mr. Meeitt. We transposed that language so as to make it appear that the primary purpose of the item is to obtain employment and not the transportation for the pupils, because the purpose for which the appropriation is used is to obtain employment for the Indians, and the transportation of the Indians to the places of employment is simply one of the necessary conditions. The Chairman. As I understand the situation, you get this re- munerative employment for them during the summer months, or during the vacation. Now, there is always work to be obtained from the farmers and people near the schools, is there not, and therefore it is not necessary to have funds for the purpose of transporting them from the schools to the places of employment ? Mr. Meeitt. It is necessary to have a small fund available, and sometimes, after they have graduated from the schools, we find places for them in the commercial world. For instance, we have a number of Indians now working on railroads in the Southwest and in the beet fields of the Southwest, and it is sometimes necessary to use a part of this fund to get those Indians to their places of employment. We have an Indian, Mr. Dagenett, who is in charge of this work. He has been connected with the Indian Service for a number of years. The Chaieman. Do you have much trouble in getting Indians who have graduated from these schools, or the pupils, to take employ- INDIAN APPEOPKIATION BILL, 1&17. 55 ment of any kind? What percentage of the Indians take the fanployment s Mr. Meritt. Only a very small percentage. We realize that the best chance for the Indian is to go back to his allotment, where he has an available agricultural allotment, and farm his land and raise stock. They will more quickly become independent and self- supporting by doing that rather than by taking day employment. The Chairman. Do you think it is beneficial to have this system of employment in the schools? Mr. Meritt. It is very beneficial. We have found what is called the outing system to be very beneficial to the Indians. They not only come in contact with the civilization of white people, but they learn the mode of living and method of doing work in the homes and on the farms and in the places of business of the progressive white citizens. The Chairman. What is your custom when you have Indian pupils at Carlisle and Sherman Institute and places far distant Irom the tribes? Some of them would have to travel nearly across the United States. Do you furnish funds for those Indians to re- turn to their parents during vacations? Mr. Meritt. In some cases we do, but we discourage the return- ing home of the students at the end of each term of school; and where the Indians have funds of their own, we aie now requiring them to pay for their own transportation. The Chairman. Do you find any trouble in getting the parents to furnish the money for the children to return home ? Mr. Meritt. Not where the Indian parents have money. They are always willing to spend money to get their children back to their homes. Indian parents are very fond of their children and are always willing to spend their last dollar on their children. Mr. Norton. The change provided for on page 10, in line 18 to line 20, inclusive, is for the purpose of permitting the expenditure of this money for agents to look up employment for Indians, rather than to have it limited to the payment of transportation expenses for the Indians as provided in the original statute. Mr. Meritt. We have been paying under the existing law the ex- penses of certain employees. It is not intended to increase the num- ber of employees because of this language. We simply intend by this change to more clearly define the duties of the Bureau and the work that is now being carried on under this legislation. Mr. Norton. Under the new wording you are permitted to expend the money for purposes other than those you are permitted to expend it for under the old wording, are you not ? Mr. Meritt. If there is any question about having additional em- ployees, we will not insist upon the change in the language, because that is not our purpose. Mr. Norton. Do you mean that under the old act the money was to be used, not for the transportation of Indians to places of employ- ment Mr. Carter (interposing). The old language was, " and placing of Indian youths in positions where a remunerative employment may be found for them," etc. . . ^i. ^ j- j ■ ■ 4.u Mr Meritt. We have been using a part of that fund m paying the salaries of people engaged in finding work for the Indians and plac- 56 IKDIAN APPEOPEIATION BILL, 1917. ing them in that employment. If there is any objection on tlie part of the committee to the change, we will not urge it. Mr. Norton. Does this provide for special employees to look up work for the Indians? Mr. Meeitt. Yes, sir. Mr. Dagenett is engaged in this work and has been so engaged for several years past. Mr Carter knows Mr. Dagenett. He is an Oklahoma Indian. Mr. NoETON. Is he the only one looking after that prrticular work? Mr. Meeitt. He is in charge of it, but we also have a few other employees, but not very many. For instance, when the beet fields need the Indians it is necessary to send an employee there to look after the Indians, to see that they are protected from the liquor traffic, and to see that they get the money due them; but there are very few employees connected^ with this work. Mr. NoETON. It would be well, if it is not so now, that the spirit of the whole dejjartment should be permeated with the idea of getting employment for these boys and girls who are trained in the Indian schools. Mr. Meeitt. Yes, sir ; and that is the policy of the bureau — ^to get employment for the Indians. We prefer, however, that they go to work on their own allotments rather than go out and take day labor employment. But where Indians are Avithout available agricultural allotments, and have no other means of support, we are glad to use every means at our command to get them employment as laborers, and to have them to do work of any iiind or character. Mr. Caetee. I understood you to say that you asked for an in- crease in this appropriation, but it does not show here. Mr. Meeitt. The increase asked is $3,000, but the printer left out in the estimate column for 1917 the amount requested for this yeai-, but it is shown in the bill. Mr. Cartee. Your figures in the bill show only $72,000. Mr. Meeitt. That shows the appropriation of last year, and it was a typographical error not to include in the estimate column for 1917 the amount we are asking for this year. Mr. Carter. The language in the bill does not ask for any in- crease. Mr. Meeitt. That is a typographical error, but you will see in the printed estimate that we are asking for $75,000. Mr. Carter. I notice that vour appropriation for the year ending June 30, 1915, was only $72,000. Mr. Meeitt. Yes. sir. Mr. Carter. You still have on hand a balance of $4,399.76. Mr. Meeitt, You will observe that we ha^-e a footnote there. Mr. Carter. I understand, but you are not that far behind in pay- ing last year's school obligations? Mr. Meeitt. I think we will use all of that appropriation in this year, and, in addition to that, we have had to call on what is known as the class 4 funds of a number of nonreservation schools to meet the necessai'v traveling expenses of pupils. }h: Cartee. ^Vhy are the people to M'hom this money is due doing Avithout it now? Mr. Meeitt. The superintendents have authoritv to issue requests on railroad companies for transportation, and those requests for transportation will come to the Indian Bureau to be settled. INDIAN APPEOPEIATION BILL, 1017. 57 Mr. Carter. Do you mean to tell me that Indians travel without paying cash at the time? Mr. Mebitt. Yes, sir. Mr. Carter. And the accounts are sent to your bureau? Mr. Meritt. Yes, sir. Mr. Carter. But the railroad companies would not permit you to be six months behind in paying this railroad fare. Mr. Meritt. We are sometimes several months behind in settling the accounts. Mr. Carter. Where this money has been used for placing them in families under the outing system you have paid the bills because that would be salaries. Mr. Meritt. Yes, sir ; there is no question about that. Mr. Carter. It seems to me that six months after the money has been expended a matter of that kind certainly ought to have" been adjudicated and settled. Mr. Meritt. This statement Mr. Carter (interposing). There certainly ought not to be a bal- ance of $4,000 due on account of railroad fare. Mr. Meritt. This statement was made up on the first of October and was taken from the books of the finance division at that time. Now, in order to bring the matter up to the present time, I will be glad to get a statement of the last balance of this appropriation. Mr. Carter. I do not believe it possible that railroad companies would at this time allow anybody to owe them that much money without a good deal of trouble. Mr. Meritt. The books of the finance division would show the exact balance, if any, that we have under this appropriation. The justification shows that the superintendents have been compelled to use what is known as class 4 funds in nonreservation schools to pay for the transportation of pupils back home, because of a shortage in the funds under this appropriation. The Chairman. I understood you to say that where you did not have the funds or sufficient funds to carry out the purposes of this appropriation, you drew on the general support fund and made it available. Mr. Meritt. No, sir; not from the support fund, but from what is known as class 4 funds of nonreservation schools. That fund is derived from the proceeds of the sale of stock at the school and of products of the farm. These schools usually raise a little bit more than they use, or some of the schools do, and they have a certain fund which, under the comptroller's decision and a ruling of the department, they can use for general purposes of the schools. It is usually a very small fund. The Chairman. Do you make any report of those funds to the Treasurer in any way — where you are selling stock and produce ? Mr. Meritt. We require the superintendents to make a report regarding the use of the funds, and we check them up. We also send inspecting officials there to see that the funds are used properly. The Chairman. Could you not make a report to Congress show- ing how much each school plant of that kind has produced and what you did with the funds? Mr. Meritt. We could do that if Congress directs us. We can do that if it is the wish of Congress. 58 INDIAN APPROPEIATION BILL, 1917. The Chairman. T think it would be very beneficial to the service to do that. I see you use the words " Indian youths." The language is " For obtaining remunerative employment for Indian youths and, when necessary, for payment of transportation or other expenses to their places of employment." Now, why not use the word " pupils " there? In the first clause the word "pupils" is used. The language is, " For collection and transportation of , pupils ta and from Indian and public schools and for placing school pupils, with the consent of their parents, under the care and control of white families," etc. Why not use the word "pupils" here so as to make the language uniform ? Mr. Meeitt. The reason for that change is this: In some cases after a student has completed his course at a nonreservation school and is no longer a pupil, it is necessary to pay his transportation to a field of employment, and it is in order to make a little bit broader the use of this appropriation, so as to meet conditions that necessarily arise. For example, we very frequently have boys who have com- pleted their course in nonreservation schools and who want employ- ment. We find employment for them, but they are without funds to go to that employment, and we have been using this fund for that purpose. However, if the matter were brought to the attention of the comptroller, he might question the use of the funds for that purpose, in view of the fact that they are no longer technically pupils, although still under our jurisdiction, and it is our duty to look after their interests. The Chairman. Suppose you change that language and insert the words, "pupils or expupils under the control of the education de- partment " ? Mr. Meritt. The language, "pupils or expupils who are under the jurisdiction of the Commissioner of Indian Affairs," would be entirely agreeable to us. The Chairman. Under whose jurisdiction? Mr. Meritt. Under the jurisdiction of the Commissioner of In- dian Affairs. The Chairman. I think the other language is too broad. The last provision reads, " The provisions of this section shall also apply to native pupils of school age — ^under 21 years of age — brought from Alaska." I think the words " Indian pupils " ought to appear there. It is not the intention to educate everybody from Alaska, and that language would include the Americans there. Mr. Meritt. That appropriation is used only for Indian pupils. The Chairman. I am referring to lines 22 and 23. That might refer back to the other clause, but it would not hurt to have the word " Indian " inserted there. There has been an effort on behalf of the Eskimo Indians Mr. Carter (interposing). They could come in under that lan- guage. Mr. Meritt. We will have no objection to having the word " In- dian " inserted there. The Chairman. The next item is : All moneys appropriated herein for school purposes among the Indians may be expended, without restriction as to per capita expenditure, for the annual support and education of any one pupil in any school. IKDIAN APPEOPKIATION BILL, 1917. 59 Is that the same as the present law ? Mr Meeitt. Yes, sir; that has been in the Indian bill for a num- ^^Z ^n^^' ^°" '^'^^^ ^°*^^® *^** ^* ^^ ^o* continuing legislation. 1 he Chairman. Is there any change there from the other lan- guage? Mr Meeitt No, sir; it is the same language, and we offer for the record the roUowmg justification : PER CAPITA EXPENDITUEE. This item provides that expenditures for Indian education may be made without limitation as to the number of pupils so educated, and is the same as the provision appearing in the appropriation act for the fiscal year 1915 Prior to 1911 expenditures of appropriations for the support of Indian' schools were limited to $167 per Indian pupil per annum. As it became impracticable to support schools at this rate a change in the law was made and the same provision has been enacted each year since 1911. Experience has shown that it is impracticable to maintain schools upon the basis of $167 per capita, as had formerly been the case. Conditions at the different schools vary greatly, however, and it is difficult, if not impossible, to maintain them in different and widelv separated parts of the United States at the same cost. If we could have the word " hereafter " inserted at the beginning of that item, it would not be necessary to continue this item each year. At the last Congress we asked for that language so as to avoid the repetition of this item in the bill each year. The Chairman. Suppose we inserted the words "herein or here- after"? Mr. Meritt. That would cover it. Mr. Carter. That would cover the purpose of the item. The Chairman. And let it read, "All moneys appropriated herein or hereafter for school purposes," etc. Mr. MJERiTT.That would make it permanent legislation. Mr. Carter. Why should there not be a limitation on the per capita expenditure? Mr. Meritt. There is necessarily a limitation, because the appro- priations are limited, but there should not be a specific limitation to an arbitrary amount, because the conditions at one school are so much different from the conditions at another school. Mr. Carter. You might also have a great difference in superin- tendents, and a limitation would take care of that. It seems to me that, while a limitation of $167 is perhaps too small, a limitation would really be beneficial in your administration of affairs. You know we have some schools where it really seems to me the super- intendents are extravagant, and I think the department thinks so. Mr. Meeitt. We have superintendents who are inclined to be more extravagant than others. Mr. Carter. Yes; and don't you think if we had a limitation there it would be beneficial to the department in the administration of the schools? Mr. Meritt. It is difficult to put all of the schools on the same basis. Mr. Carter. That is true, but you could have a limitation here beyond which none should go, as we had prior to 1911. , Mr. Meeitt. At some of the schools, where they have a small en- rollment, the cost per capita is necessarily higher than where they 60 INDIAN APPBOPKIATION BILL, 1917. have an enrollment of several hundred. If we had a per capita limitation that would meet the situation at the small schools, the very fact that we had such a limitation would permit the superintendents of the larger schools to spend up to the maximum limitation. The average cost per capita at the schools is about $200. Mr. Carter. I think you will find some of them ran up around $300. Mr. Meritt. No, sir; we call a superintendent down hard if he runs his per capita cost up to $300. The Chairman. You have made a change in the next item, "To conduct experiments on Indian school or agency farms," etc. You have stricken out that item, which appears on page 11, and substi- tuted different language, as follows: For the purposes of preserving living and growing timber on Indian reserva- tions aiid allotments, and to educate Indians in the proper care of forests; for the employment of suitable persons as matrons to teach Indian women and girls housekeeping and other household duties, for necessary traveling expenses of such matrons ; and for furnishing necessary equipments and supplies and renting quarters for them vi'here necessary ; for the conducting of experiments on Indian school or agency farms designed to test the po.ssibllities of soil and climate in the cultivation of trees, grains, vegetables, cotton, and fruits, and for the employment of practical farmers and stockmen, in addition to the agency and school farmers now employed ; for necessary traveling expenses of such farmers and stockmen and for furnishing necessary equipment and supplies for them ; and for superintending and directing farming and stock raising among Indians, $.500,000 : Provided, That the foregoing shall not, as to timber, apply to the Menominee Indian Reservation in Wisconsin : Provided further, That not to exceed $25,000 of the amount herein appropriated may be used to con- duct experiments on Indian school or agency farms to test the possibilities of soil and climate in the cultivation of trees, cotton, grains, vegetables, and fruits : Provided also, That the amounts paid to matrons, foresters, farmers, and stockmen herein provided for shall not be included within the limitation on salaries and compensation of employees contained in the act of August twenty-fourth, nineteen hundred and twelve. What is the purpose of that? Mr. Meeitt. The purpose of that was to bring the activities under this appropriation together. You will observe that under the old language we had a part of the agricultural work connected with the forestry appropriation, and a little bit later we had an appropriation for farmers. This is simply to make the item logical and bring this character of work together. We offer the following justification of this item for the record: Industrial work and care of timber. Fiscal year ending .Tune 30, 1916, amount appropriated $450, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 450, 000. 00 Amount expended 413^ 163. 63 Unexpended balance 36,836.37 ANALYSIS OF EXPENDITUItES. Salaries, wages, etc $342,893.25 Traveling expenses ^^ jgg 57 Transportation of supplies ' yj 26 Heat, light, and power (service) 61 23 Telegraph and telephone service " W kq Printing, binding, and advertising 253* 23 INDIAN APPROPRIATION BILL, 1917. 61 Subsistence supplies $1, 984. 17 Dry goods, clotliing, etc 374. 31 Forage 11, 403. 15 Fuel 1, 301. 31 Stationery and office supplies 195. 50 Medical supplies 32. 24 Equipment, material, etc 38, 124. 12 Construction '_ i, 647. 20 Repairs (to plant) 12.40 Rent 2, 874. 71 Miscellaneous 822. 48 418, 163. 63 Expended on account of farmers, stockmen, etc 240, 657. 87 Expended on account of matrons 50, 954. 55 Expended on account of forestry 109, 704. 62 Expended on account of experimentation 11, 846. 59 This appropriation is known as " Industrial work and care of timber," and to simplify the experfditure thereof is apportioned under four general head- ings as follows for the fiscal year 1916 : Agriculture and stock $250,000 Experimentation 20, 000 Field matrons 60, 000 Forestry 120,000 Total 450, 000 The following statement gives an analysis of the expenditures from this ap- propriation under the different headings for the fiscal year 1915, with additional claims and obligations settled to November 1, 1915 (not yet classified), and advances to disbursing officers, from which it will be noted that $33,528.03 reverted to the United States Treasury from the 1915 appropriation of $450,000. This is due to the fact that the greater part of the appropriation is hypothecated early in the fiscal year to cover salaries, annual estimate or contract supplies, equipment, and incidentals, which ties up the money for this purpose. It fre- quently happens that positions for which funds have been set aside are vacant for a portion of the year ; savings are also made on annual estimate or contract supplies, and for various reasons superintendents are unable to expend the entire amount of authorities granted them for particular purposes. Industrial work and care of timber, 1916. EXPENDITURES TO JUNE 30, 1915. Salaries and wages Traveling expenses Transportation of supplies Teat, tight, and power Commuiii''ation service Printing, binding, etc Subsistence supplies Forage Fuel , etc Stationery and oTce supplies. Medical supplies Equipment and materials Construction Rent Miscellaneous Additional claims and obligations settled to ; "ov. 1, 1915 (not yet classified), and advances to disbursing o F.cers ■ Total unexpended balance Appropriation. Account. Agriculture and stock. S206, 717. 21 6,971.81 1.88 7,066.69 590. 73 2.90 19.301.10 6.55 240, 657. 87 Experi- mentation. $4,509.36 3.01 38.50 4,892.52 1,647.20 756. 00 11,846.59 Field matrons. S41, 104. 02 57.95 61.23 13.50 423. 79 1,759.19 566. 58 20.34 3,678.43 2,874.71 385. 81 Forestry. $90,562.66 4,123.81 14.25 253. 23 1,668.50 2, 539. 77 144. 00 195. 50 10,252.07 109,704.62 1, $342, 893. 25 11,163.67 17.26 61.23 13.50 263. 23 17 11,403.16 1.301.31 195. 50 32.24 38,124.12 1,647.20 2,874.71 1,209.19 413,163.63 3,308.34 33,528.03 450,000.00 20527—16- 62 INDIAN APPKOPEIATION BILL, 1&17. After establishing a sufficient number of positions under the various jurisdic- tions to supervise tlie timber operations and serve as forest guards and rangers, it is necessary to hold in reserve an emergency fund sufBcient to employ large numbers of men to fight forest flres, in the event of any extensive conflagra- tions. If the conflagrations fail to occur or are handled by the regular force of employees, this reserve fund naturally remains unused at the close of the fiscal year. Under the former practice savings wove reported by superintendents qurterly, In order that they might be reauthorized for other purposes. This naturally resulted in quite a large amount reverting to the Treasury each year. However, superintendents now report savings on authorities as soon as made, which ren- ders it possible immediately to reauthorize the expenditure thereof for neces- sary purposes at other jurisdictions. It is believed that this system will ma- terilly reduce the amount which has formely reverted to the Treasury from this fund each year. However, it must be understood that even with this system in operation a small portion of the fund will remain unused at the end of the year. The appropriation of $450,000 for the fiscal year 1916 was apportioned as follows on July 1, 1915 : Apportionment, industrial work and, care of tirnber, 19X6. Account. Purpose. Agriculture and stock. Experi- mentation. Field matrons. Forestry. Total. $211,175.00 28,3.52.45 7,950.00 2,522.55 $540.00 2,086.00 $4,833.00 8,667.77 1,183.00 1,819.23 $76,306.00 4,903.66 20,400.00 18,391.44 1336, 350. 00 44,009.78 Traveling expenses and incidentals 29,533.00 40,107.22 17,374.00 Total 260,000.00 20,000.00 60,000.00 120,000.00 450,000.00 It will be noted that this apportionment provided for a total reserve of $40,107.22, which on November 1, 1915, had been reduced to $11,884.71. For the sake of clearness each of the four sections of this appropriation is justified separately. A6EICTJLTURE AND STOCK. For the employment of practical farmers and stoclimen in addition to the agency and school farmers now employed and to superintendent and direct farming and stock raising among Indians, $250,000 was apportioned for this branch of the service for the fiscal year 1915, divided as follows : Salaries and wages $211,175.00 Equipment and supplies ^_ 28,352.45 Traveling expenses and incidentals 7,950.00 Keserve 2, 522. 55 Total 250, 000. 00 Farmers and stoelcmen paid from the appropriation " Industrial work and care of timber (agriculture and stock) 1916": General supervision — Supervisor of farming 3,000.00 Traveling expenses 100.00 Total 3, 100. 00 Summary : Supervisor of farming 3,100.00 Farmers 185, 380. 00 Stockmen 29, 360. 00 Grand total 217, 840. 00 INDIAN APPEOPEIATION BILL, 1917. 63 The greater portion of this amount is expended for salaries, equipment, and traveling expenses of farmers and stoclnnen to worl;; among the adult Indians on the diflerent reservations, directing and sni)ervising tlieir farming, live stock and other industrial activities. Where more than one farmer is employed the general custom is to di^■ide the reservation into districts and station a farmer permanently in each, preferably in Government quarters when available, and to provide him with transportation facilities, so that he can travel about among the Indians in his district, thereby keeping in close touch with their farming operations or other industrial activities. However, passenger-carrying vehicles can not now be purchased without the specific authority of Congress, which another item in the Indian bill is intended to confer. In the meantime the service is doing the best it can with the present equipment of this nature. Each farmer is exiiected to be personally acquainted with every Indian family in his district and thoroughly familiar with their industrial condition, needs, and resources, so as to be in a position to help them get the best results from their efCei^ts toward self-support by means of farming, live-stock raising, or other industrial acti\ities. The duties of farmers and stockmen are pri- marily to instruct the Indians in all departments of agriculture and live-stock work; as to proper methods of preparing the soil, planting, caring for and harvesting their crops; the use of modern agricultural implements and ma- chinery ; the building and equipment of their homes ; and in general, to advise them in all phases of their industrial activities, with the view of promoting their civilization and self-support. It will be noted that 210 farmers are paid from the appropriation under discussion (Industrial work and care of timber), in addition to which 56 farmers are paid from other appropriations, as shown below, making a grand total of 266 farmers for an Indian population of 309,911, or 1 farmer. to every 1,165 Indians. The number of farmers employed is entirely too small to get proper results from their work, especially on those larger reservations where the farmers must act as administrative representatives of the superintendent in addition to directing the farming and industrial activities of the Indians. Within the past five or ten years the Indian Service has become one very largely of individualized interests, and the administration of the laws and regulations relating to leases, sales, and patents to allotted lands and tlie supervision of the moneys derived therefrom has added manifold to the details of reserva- tion work. In many instances these duties involve recommendations covering considerable areas of valuable lands, and where the .iurisdictions are large tlie superintendent must rely almost entirely upon the judgment of his district representative. This, calls for men of large experience and good judgment in real-estate values, *as well as men of the strictest integrity. On many reservations the industrial salvation of the Indians depends largely upon the live-stock industry. From the latest figures the Indians of the United States own individually $25,471,602 worth of live stock, in addition to tribal stock held in common, valued at approximately $1,694,721, 44,704 Indians being engaged in the live-stock industry. During the fiscal year 1915, 31 stockmen were paid from "Industrial work and care of timber" and 15 from other funds, making a total of only 46 stockmen to supervise the tre- mendous individual and tribal live-stock interests of the Indians of the United States, estimated to be worth approximately .'?27,166,323. Comprehensive plans have been formulated and partially put into effect for the systematic development of the live-stock industry on the different Indian reservations, pursuant to which large purchases of live stock have been made during the past year. In order to get proper results by giving the business the same careful attention that a successful white stockman accords thereto it is absolutely essential that a largely increased force of practical and competent stockmen be employed in the Indian Service. The urgent need for more farmers and stockmen, as set forth herein, explains m part the fact that the estimate for this appropriation for the fiscal 1917 calls for $500 000, an increase of $50,000 over the amount appropriated for the current vear It is necessary that the farmers on the larger reservations act as administrative representatives of the superintendents in their particular districts oversee all the industrial activities of the Indians therein, and where the Indi'ans have been allotted to view allotments in connection with applica- tions for patents in fee; to supervise the expenditure of individual Indian funds; to assist the Indians in the purchase of live stock, erection of homes, 64 INDIAN APPEOPEIATION BILL, 1917. barns, etc. Where the Indians; hnve irrigated lands the farmers in many oases are charged with the responsibility of the proper distribution and use of the water and the instruction of the Indians in all the details of successful farming in an irrigated country. The following comparative figures, in regard to Indian farming for the fiscal years 1914 and 1915, show gratifying and substantial progress : Fnnniiig hy Indiiinn. Year. Gain. 1914 1915 Total. Per cent. 42,352 28, 702 616,348 42, 239 30,277 643,843 Number farminE; 26, 495 5.4 4.3 Encouraging as these figures are, yet, as indicated above, the number of farmers now employed is entirely too small to adequately cover the territory involved in the 643,843 acres of cultivated land (averaging 2,420 acres to each Government farmer) or to give each Indian farming that close personal at- tention so necessary to successful results. In addition there are 11,962 able- bodied male adult Indians not now engaged in farming, with 6,948,768 acres of uncultivated agricultural land on the different reservations. Many of these Indians are, of course, engaged in other industrial activities, but by far the greater number of them should be farming, and it is the task of the Indian Service farmers to increase the number of Indians farming and the total cultivated acreage to the greatest possible extent, as well as to .see that proper and remunerative methods are used. In view of these facts It Is felt that the additional amount asked for is absolutely essential to the effective prosecution of the important work assigned to this particular branch of the service. Farmers and stockmen paid from "Industrial irork and care of timber (agri- culture and stock)." FARMERS. Number. Salary. Total. Number. Salary. Total. 28 SI, 200 1,100 1,000 900 840 780 S33, 600 1,100 17,000 69,300 16, 120 19,500 38 $720 660 640 300 $27,360 660 1 1 17 1 ' 540 77 4 1,200 18 210 .... 25 185,380 STOCKMEN. $1, 500 1,400 1,200 1,020 1,000 900 840 $1,500 1,400 4,800 1,020 7,000 6,400 840 1. . $800 780 720 600 $800 4 3 120 1 600 31 6 29,360 1 Farmers and stockmen paid from other funds Farmers. Stockmen. Reservation. Num- ber. Salary. Total. Num- ber. Salary. Total. Fund. BlacMeet 1 $900 $900 Support of Indians, Blackfeet Agency, Mont. Blackfeet Reservation 4 per cent fund. Indian monevs, proceeds of labor. Support of Cheyennes and Arap- ahoes, Oklahoma. Do 1 $1,500 $1,500 Do 1 1 600 840 eoo 840 Cantonment INDIAN APPEOPEIATION BIT.I., ll'lT. 65 Farnicrs and stockmen paid from other funds — Cuntiiiuert. Farmei-s. Stockmen. Keservation. ■dum- ber. Salary. Total. Num- ber. Salary. Total. ^ Fund. Cheyenne River Do 1 3 1, 1 1 $S40 720 900 SOO 840 SR40 2,160 900 800 840 Cheyenne River Reservation 3 per cent fund. Coeur d' Alone Reservation 3 per cent fund. Interest on Coeur d'Alene 3 per cent fund. Indian moneys, proceeds of labor. Support of Sioux of different tribes, employees. Indian moneys, proceeds of labor. Crow Creek Fort Apache 1 1 1 1 81,200 1,000 900 600 S3, 100 Fort Belknap 900 900 900 840 720 1,000 900 900 900 840 720 1,000 of Uhippewas and other In- dians. Fort Berthold Reservation 3 per cent fund. Indian moneys, proceeds of labor. Support of Indians of Fort Hall Keservation, Idaho. Support of Bannocks, employees. Support of Indians of Fort Peck Agency, Mont. Support of Indians in Arizona Do Fort Hall Do Fort Peck 1 900 Knihah 900 7S0 1,100 840 7S0 900 720 900 000 l,.ViO 1,100 840 2,340 1,800 720 900 and New Mexico. Do. ... . Interest on Menominee log fund. Do Do. .\pache, Kiowa, and Corannchc Do 4 per cent fund. Lee?h Lake Chippewas in Minnesoti fund. Leupp Support ol Indians in Arizona 1 1 900 1,000 and New Mexico. Suoport of Sioux of different 900 900 7S0 1.200 1,000 900 900 300 240 1.000 900 720 S40 1,200 720 900 900 780 3.'-00 1.000 900 100 300 240 1 . 000 900 720 840 l,Son 7:'0 tribes, employees. Support of Indians in Arizona Moqui Navajo Osnge and New Mexico. Do. Do. Indian moneys, proceeds otlabor. Rer] Lake Chippewas m IMinnesola furd. Proceeds of Rosebud Rescrs'a- 8alt River Do tion.* Support of Indians in Arizona \ and New Mexico. Do. { \ 1,200 900 \ 3,900 Indian moneys, proceeds of labor. Support of Shoshones, emploj'ees. Sisseton Standing Rock Tomah Tongiie Rh'cr Interest on Sis=eton and Wah- 1 900 900 neton fund. Indian monovs, iirocerds of labor. Genera! expenses, Indinn Eervirp. Support of Nor'ihern Cheyennes { \ 1,W0 SOO 1 2,400 and Arapahocs, Montana. Ind ian m nnc; s, proceeds of labor. Uintah n? MoLintaiD 1 1 1 ( 1 \ 1 [ 1 1 1 1 900 900 900 900 100 S43 7H0 720 000 1,000 1.800 900 900 900 2, i:.'?o 721 000 1,000 ?uriport of Confederaled Binds of T'los, employees. Interest on Confederated Bands WesfemNavojo — WhitriKartti 1 1,200 l.'-OO of files 4 P'lr cent fund. Support of Indians in Arizona and Now Mcxii o. Chippewns in ilinncsota Innd. Oeneral expenses. Indian Service. Indian monovs, proceeds of labor. Support of Indian.-; in .M-izona and New Mexico. Total S6 47.840 1.5 12.100 66 INDIAN APPEOPEIATION BILL, 191*7. Farmers and stockmen paid from other funds — Continued. GENERAL SUMMARY. Fund. Position, Indus- trial work and care oi timber. Tribal Other. Total. S186,380 29,360 $25,f2D 10,000 $20,920 2,100 8233,220 Stockmen 41,400 Total 214,740 36,920 23,020 274,680 EXPEEIMENTATION. " To expend not to exceed $25,000 to conduct experiments on Indian school or agency farms to test the possibilities of soil and climate in the cultivation of trees, cotton, grain, vegetables, and fruits." The amount estimated for experimentation is largely for the purpose of continuing operations already begun, and to encourage such work at other places vi'here the need therefor becomes apparent. It is, of course, the general policy of the Indian Service to conduct the experimentation vs^ork on the farms of the Indians so that they may not only see directly what can be accomplished on their own lands but also take an active part in discoveries and accomplish- ments along agricultural lines. There is a certain amount of experimentation work, however, which, because of the discouraging effect of failure upon the Indians, ought to be prosecuted at some central point, and when definite and certain results are accomplished the adaptability of the various seeds, plants, and trees can then be brought to the attention of the Indians with more hope of success. The largest and most important experimentation work in the Indian Service is carried on under the Pima jurisdiction in Arizona and on the San Juan Reservation in New Mexico. The farm on the Pima Reservation is conducted under a cooperative agreement made in 1907 between the Depart- ments of Agriculture and Interior. The benefits of this farm can not be over estimated. Many useful plants have been developed and these are beneficial not only to the Indians of the reservation but also to those on other reserva- tions in that section where similar conditions exist. As a result of the experi- mentation work on this farm a long-staple Egyptian cotton has been developed which is now grown extensively by both Indians and whites in that section. In addition to experimentation work with cotton, tests are also being made with Peruvian alfalfa, Mexican June corn, Bermuda onions, fruits, nuts, trees, and forage plants. At the San Juan school experimentation work is being carried on under the direction of practical farmers and excellent results have been accomplished, about 50 acres being used for this purpose. Various kinds of alfalfa, fruits, grain, melons, vegetables, and trees are being experimented with and the Indians are furnished with seeds and cuttings from the varieties which the experiments show to be best adapted to local conditions. FIELD MATRONS. " For the employment of suitable persons as matrons to teach Indian women and girls housekeeping and other household duties, and for furnishing neces- sary equipment and supplies, and renting quarters for them where necessary." All field matrons (60 in number) receiving $600 and over per annum devote their entire time to the work. Fifteen matrons, paid $300 each per annum, are employed for half their time. However, this practice does riot obtain the best results, and it is now the policy to reduce the number of half-time matrons as rapidly as practicable. The number now in the service on this basis (15) represents a reduction of 4 from the preceding year. The industrial progress of the Indians is largely dependent upon their health. Thousands of dollars have been expended each year for promoting the educa- INDIAN APPKOPEIATION BILL, 1911. 67 tion, civilization, and self-support of the Indians and for physicians and hos- pitals for the treatment of diseases among them. But all this expenditure will result in little permanent benefit to the Indians if they have not the health and strensth necessary to do their part in carrying out this extensive indus- trial program and if we do not remedy the insanitary conditions which breed disease on the theory that " prevention is better than cure." In this important work the field matron occupies a necessary and vital place. Field matrons, flsciil year 1915. Number. Salary. Total. Number. Salary. Total. 21 $150 180 300 600 660 720 $300 180 4,500 6,000 4,620 26,640 2 $780 840 900 31,560 11 4 3,300 152 IS 450 in 79 7 47, 610 37 1 Assistants. 2 Half time. 3 Nurse and matron; one-half of salary paid irom another fund. It is the duty of field matrons -to visit the Indian women in their homes and to give them counsel, encouragement, and help in the general care of the house and surroundings, hygiene, and sanitation ; the preparation and serving of food ; the keeping and care of domestic animals, including dairy stock ; the care of chil- dren and of the sick ; observance of the Sabbath ; the organization of societies for building up character and for intellectual and social improvement ; and any- thing else that will promote the civilization of the Indians, particularly in their home life and surroundings. -^ j, c, ^ According to the latest figures, the Indian population of the United !^tates under Federal supervision is 309,911. The total number of field matrons now employed (79) averages onlv 1 matron to every 3,923 Indians. It will thus be seen that the number of matrons employed is entirely too small to get the best results In addition, the funds available have not permitted the payment of salaries sufflcientlv large to attract the best class of properly qualified women for this important work so vitally necessary to the welfare and progress ot the Indians along the lines of modern covilization. FOEESTET. " For the purposes of preserving living and growing timber on Indian reser- vations and allotments, and to advise the Indians as to the proper care of forests." General supervision. No. Position. Supervisor of forests do do Lumberman '- do Deputy supervisor ot forests. Total. Salary. 1 $2,260 12,000 12,000 2 2,250 2 2,250 2 2,000 12,750 Per diem and ex- penses. $1,350 1,500 1,200 1,350 600 600 6,600 Total. $3, 600 3,500 3,200 3,600 2,850 2,600 19,350 1 Actaal necessary traveling exposes incl^^^^^^^^^ ^^^d^Sr^ '""', ot subsistence {not exceeding $3 ^ day) when on dut^^^^ ^^^-^ expenses ot .^^Sofl^^'^I.S^l^Spi.^'^^J^^^'^^^or.. or designated headquarters, but ex- elusive of subsistence when on an Indian reservation. 68 INDIAN APPEOPEIATION BILL, IDIT. Saliiricfi inula (lyoicica to be iinici from Forcstrii, ' Iiuliistria! Woih 1917." (Hid Care of Timber, Reservation. Blackfe?t, forest guard Coeur d'Alene: Kanger. . .' Forest guard Colville: Forest guard Do Flathead: Deputy supervisor of forests Forest guard Do Do Fort Apache, deputy supervisor of forests. . Fort Lapwai: Ranger Forest guard Grand Portage, forest guard Hay ward: Scaler Forest guard Hoopa Valley: Forest guard Do Jicarilla: Deputy supervisor of forests Forest guard Do Klamath; Deputy supervisor of forests Forest guard Lac du F am" eau; Forest guard Do I.a PoiUte, forest guard Leech Lake: Poorest £;uard Do; Mescalero: Forest ranger-. Forest guard Navajo, forest guard Nett LaVe, forest guard Pine Eidge: Forest guard Do Red Cliff, forest guard Roseburg, deputy supervisor of forests. Round Valley, forest guard Shoshone: Forest guard Do Siletz, forest guard Spokane: Forest guard Do Taholah: Scaler Assistant ranger Forest .guard Tulalip, forest guard Tule Kiver: Forest guard Do Uintah and Ouray: Forest guard .' Do Umatilla, forest guard Warm Springs: Forest assistant Forest guard Num- ber. Number of months. Salary per month. 100. 00 75.00 83.33 76.00 133. 33 90.00 76.00 75.00 108.33 91.66 80.00 60.00 100.00 50.00 100. 00 76.00 I lOS. 33 75.00 50.00 1 133. 33 83.33 70.00 50.00 70.00 50.00 75.00 91.66 75.00 50.00 40.00 75.00 60.00 76.00 2 125.00 76.00 80.00 75.00 75.00 83.33 75.00 100.00 91.06 75.00 3 100. 00 75.00 60.00 75.00 30.00 75.00 100.00 76.00 Total salary. SI, 050 1,200 760 1,000 2,626 1 1, 600 1,080 2,700 1,876 1 1, 300 1,100 1,920 600 1,200 500 1,200 900 1,300 1,800 600 1,600 1,000 420 600 840 900 900 1,100 450 600 480 900 720 900 1,500 900 960 750 450 1,000 750 1,200 1,100 900 1,200 000 180 900 180 450 1,200 2,100 Salary of all em- ployees. 81, 050 1,950 3,625 7,255 1,300 3,020 600 1,700 2,100 3,700 2,600 1,020 810 1,800 1,550 600 480 1,500 900 3,200 1,200 1,030 1,080 450 3,300 LV-i 1 lytu an-, 'sssary traveUng expenses, including sleeping- car fare and incidentals, and actual expenses for this \"T '- ■-^''"'^™S S3 a day) wnen on duty off the reservation. Not exceeding S200 tobe expended T,eVV^'lK^li!^M'in™"A''Jti'''''''''i"° %'?^'f^h including sleeping-car fare and incidentals, and actual ex- ?.to, K J^i'^'V''"?-" (not exceelmg $3 a day) when on duty away from official headquarters at Roseburg, Oreg. , but exclusive of subsistence when on duty on an Indian reservation. ^uaewu 6 , 3 And actual necessarj' traveling expenses, including sleeping-car fare and incidentals and actual ex- penses of subsistence (not exceedmg S3 a day) when on du ty ofl the reservation. INDIAN AI>PEOPBIATION BILL, 1917. 69 Sa?«r;(.s- loulcr iKjcnvics to he paid from " IvdiisfrUil M'ork and Care of Timber, Forestry, 1917 " — Continued. Reservation. Num- ber. Number of months. Salary per" month. Total salary. Salary of all em- ployees. Ex- penses. White Earth: 1 1 8 1 1 6 12 12 2 12 12 1S125.00 75.00 60.00 112,5.00 80.00 80.00 $1,500 900 600 1,.500 960 2,000 S3, 000 S500 Do Do Yakima: ! 200 Forest iiiiard Do 4,460 Total 105 61,790 61 790 ^ ^^0 ' ' And actual ne3e>5ary travelinj expenses, inoludiui; sleepin»-oar fare and incidentils and actual ex " pen5e5 of su'osiiteuce (not exceeding S3 a day) when on diity oS the reservation. Not exceeding $200 to b^ expended for this purpose. Below are given tlie e.stimateil uniounl.s which will be neerlecl for general forestry work during the fiscal ye:ir 1917, including labor and materials for road, trail, and telephone repair and for tire fighting and tunber esiiiuating: Blackfeet SfnOO Ooeur d'A!ene 300 Colville 3, 000 Flathead, 3,000 Fort Apache 3, 000 Hoopa A'alley 2,000 Klamath 4, 000 Lac du Flambeau 800 Leech Lake .500 Mescalero 800 Nett Lake 800 Red Cliff 500 Round Valley 200 It is believed that the absolute need San Carlos $500 Shoshone 800 Spokane 1, 000 Taholah 4, 000 Ton.gue River 200 Tulalip 400 Tule River 250 Uintah and Ouray 200 Warm Springs 4, 000 Yakima 4, 050 Total 34,800 for salaries, expen.ses, equipment, and current repairs to telephcme lines, cabins, fences, etc., will amount to at least $119,240. Reports from superintendents regarding the need for permanent forestry im- provement work sho«- that an expenditure of about ,$300,000 could be profitably made therefor. All these permanent improvements are required for the ade- quate protection of Indian timber, and the expense connected with work of this character has heretofore and will continue to be charged against the forestry appropriation. It is essential that a rather large reserve l)e maintained in the forestry fund to meet contingencies in the form of forest fires. However, in proportion, as trails, fire lines, telephones, and lookout stations are established the yearly reserve for special expense can be reduced. As tiu>" regular current running expenses next year will be about $119,240, there will be left .flO,760 as a contingent fire-fighting fund out of the appro- priation of $130,000 which should be made for forestry work. The Chairman. Is there any increase in the appropriation by rea- son of this change in the language ? Do you have a special appro- priation for the forestry service? Mr. Meritt. No, sir; this appropriation here takes care ot our forestry v\ork, our agricultural work, our stock-raising work, our matron work, and our experimental work. The Chairman. Dees it take care of the stock-raising work among the Indians? Mr. Meritt. Yes, sir. . . , ^ , The Chairman. And of the superintendents directing the stock- raising work? 70 INDIAN APPEOPKIATION BILL, 1917. Mr. Meeitt. Yes, sir. The Chairman. You ask an appropriation of $500,000 instead of $450,000. Mr. Meeitt. We are asking for an increase of $50,000 in this appropriation because during the last two sessions of Congress the appropriations for industrial worli^ have been materially increased and as a result we are very substantially increasing the industrial activities on the reservations. We need an additional appropriation to take care of a large number of tribal herds that have been pur- chased for the Indians and also for increasing the industrial activi- ties, such as farming and stock raising. The Chaieman. What is your unexpended balance ? Mr. Meeitt. We have an unexpended balance of $36,836.37. That unexpended balance, however, may be hypothecated when all of the outstanding obligations are paid. The Chairman. Have you any outstanding contracts for the de- livery of stock of any kind, or any other contracts that would take up the balance? Mr. Meeitt. We probably have some small outstanding obliga- tions that will use most of the balance shown here. The Chairman. Would there be any objection to subtracting the $36,000 you have on hand from the $500,000 you are asking fori Mr. Meeitt. We would very much like to have the increased appropriation requested so as to enable us to get the Indians started on their allotments. I am familiar with the conditions, and we have not in past years been giving the attention that we should to in- dustrial activities among the Indians. I believe that what we really most need now is to get the Indians to go to work on their allotments. Within a few j^ears if adequate appropriations are provided, I think we can have a great many Indians who are now receiving gratuities from the Government on a self-supporting basis, but, in order to bring about that condition, it will be necessary to provide these reim- bursable appropriations as well as the specific appropriations to provide farmers, stockmen, and field matrons for the Indians. Under this bill we employ 79 matrons, 210 farmers, 31 stockmen, and 105 supervisors of forests, forestiy guards, and rangers. The Chairman. Will you report to Congress, or this committee, how many stock you have bought, to what tribes they have been furnished, the amount paid for them, etc. ? Mr. Norton. You have not bought any stock out of this appro- priation ? Mr. Merett. We have justifications showing exactly what we have used these funds for and we also have made a report in connection with the appropriation " Industry among Indians " required by Con- gress, which is House Document No. 178, Sixty-fourth Congress, first session. Mr. Norton. I would like to ask you, Mr. Meritt, whether out of this appropriation for 1916 you have purchased any stock? Mr. Meritt'. No, sir ; this is not the appropriation we use for pur- chasing stock. Mr. Norton. This appropriation of $450,000 was used for the pay- ment of employees? Mr. Meritt. Yes, sir. The Chairman. Entirely? INDIAN APPEOPEIATION BILL, 191'/. 71 Mr. SIeritt. Very largely. The Chairman. Tlien-^ I would like to knoAV how many employees were employed, who they are, and what they are paid. Does the document you refer to show that? Mr. Meritt. That document refers to the use of the funds for the encouraging of industry among Indians. That is a reimbursable appropriation, and it has more or less connection with this specific appropriation we are referring to. You will remember that at the last session of Congress there was appropriated $600,000 of reim- bursable funds for the purpose of encouraging industry among Indians, but this appropriation here is simply for the purpose of providing farmers, stockmen, forest guards, and field matrons to work among the Indians. Mr. Norton. Mr. Meritt, have you a statement showing how this money has been expended, or any part of it, further than the state- ment on page 4-1-1: of the estimates of appropriations for the year ending June 30, 1917? Mr. Meritt. Yes, sir; we have a detailed statement in the justi- fication I have offered, and it will appear in the printed hearings. Mr. Norton. On page 44 of the estimates of appropriations for the fiscal year 1917 it appears that in 1915 $320,975 of the appropri- ation was paid for employees. Mr. Meritt. _ Yes, sir; necessarily a very large amount of this appropriation is for employees, because that is the purpose of the appropriation. (A recess was thereupon taken until 2 o'clock.) AFTER recess. The subcommittee reassembled at the expiration of the recess. Present: Messrs. Stephens (chairman). Carter, and Norton. The Chairman : The next item is as follows : For the purchase of goods and supplies for the Indian Service, including inspection, pay of necessary employees, and all other expenses connected therewith, including advertising, storage, and transportation of Indian goods and supplies, $300,000 : Provided, That no part of the sum hereby appropriated shall be used for the maintenance of to exceed 3 permanent warehouses in the Indian Service,: Provided fvrilier, That section 3709, Revised Statutes, in so far as that section requires that advertisement be made, shall apply only to those purchases and contracts for supplies or services, except personal services, for the Indian field service which exceed in amount the sum of $50 each, and section 23 of the act of June 25, 1910 (36 Stats. L., p. 861), is hereby amended accordingly. You ask for the same amount that you had last year. Please state the justification for this item. Mr. Meritt. We offer the following justification for this item, Mr. Chairman: Purchase and transportation of Indian supplies. Fiscal year ending June 30, 1916, amount appropriated $300, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 300, 000. 00 Amount expended "33, 094. lO Overdrawn 33, 094. 70 72 INDIAN APPEOPEIATIOlSr BILL, 1917. AKALYSIS OF EXPENDITTJKES. Salaries, wages, etc $46, 027. 16 Traveling expenses 1, 730. 55 Transportation of supplies 268,051.36 Heat, light, anrl power (service) 221.13 Telegraph and telephone service 1,025.71 Pi-inting, bindin.g, and advertising 773. 67 Fuel 229.38 Stationery and office supplies 1,384.46 Equipment, material, etc 194.05 Iteut , 13, 074. 96 Miscellaneous 382. 27 Total 333, 094. 70 NoTio. — ■S65.no;i.47 of tlie totfil amount wns pxpended on account of the five ware- honsos and inspection and advertising of supplies, awarding contracts, etc. Purchase and tyansjiortaHon of Inilian Supplies, lf)17. Appropriated, 1915 .'i;300, 000 Appropriated. 1916 .300, 000 Estimated, 1917 300, 000 No part of this appropriation is expended for supplies, except such equipment as may be required to operate the Indian warehouses. The fund is used, ex- cept as noted, in the payment of expenses incident to .advertisement, purchase, inspection, and transportation of supplies for the Indians, and for the Indian Service generally, including the cost of maintaining the Indian warehouses. The appropriation for the fiscal year 1915 was expended as foUow^s : Fiscal year ended June 30, 1915 : Amount appropriated $300, 000. 00 Amount expended 333,094.70 Amount overdrawn 33, 094. 70 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 46, 027. 16 Traveling expenses 1, 730. .55 Transportation of supjilies 268, 0.51. 86 Heat, light, and power (service) 221.13 Telegraph and telephone service 1, 025. 71 Printing, binding, and ailvertising 773.67 Fuel 229.38 Stationery and ofRce supplies 1,384.46 Equipment, material, etc 194.05 Rent 1__ 13, 074. 96 Miscellaneous 382. 27 Total __L 833, 094. 70 !fc.ri.9n::.47 of V^e total amount was expended on account of the Indian warehouses, inspection, and advertising of supplies, awarding; contracts, etc. It will be noted that to date this appropriation has been overdrawn to tlie extent of !f.33,O!)4.70, and there are outstanding indebtedness sufficient to nialre the total sum expended for all purposes approximately $e.^0,000. It is estimated, therefore, that the total deficit will be about $50,000. The deficits occurring in this appropriation for some years past have been covered by deficiency appro- priations, for the payment of claims certified to Congress by the Secretary of the Treasury. The largest item of expenditure, of course, is for the actual transportation of supplies, which for 1015 amounts to $268 051,36 to date. The outstanding in- debtedness is estimated at from $15,000 to $20,000 Inore. For the fiscal year 1914 the amount expended for the transportation of sup- plies approximated $275,000. For the fiscal year 1913, it approximated $382,000. The estmiated amount for 1917 is $245,000, but it is not believed that this will cover the expenses incident to the transpoitation of supplies. There will INDIAN APPEOPEIATION BILL, 1917. 73 probable be an indebteduess iucnri-ed during tlie fiscal year 1017 uf from .f:27O000 to $280,000, leaving a deficit of from ,'i>25,000 to $35,000. The remainder of this appropriation is used to maintain tlie warehouses. Prior to the year 1915 these were five in number, but during that year tlie niuii- ber was reduced to three. The figures for the different fiscal years ai'e not. therefore, strictly comparable. Total expenditures for maintaining warehouses, etc. . 1913 jfee, 005. 75 1914 65 700. 20 1915 65. 093. 47 Estimated for 1917 54,:i:irent that the board is to act on its own motion in making the inspections authorized. But I think it is the intent of the law that such inspections are to be made members of the board in person, with such clerical and other like assistance as they may require. This would seem to be indicated by the fact that said members are required to be selected " from men eminent for their intelligence and philanthropy." I find nothing in the act of August 24, 1912 (37 Stat., 521 f, which authorizes the employment by the board of a secretary not a member thereof, or in any other law, that could be construed as empowering said secretary, either of his own volition or at the request or direction of the board, to- act for or represent the board in .the matter of these inspections or consultations. The duties of a secre.tary may well be and are broadened in some cases so as to include more than merely clerical duties, and in this case tliere would seem to be no reason why he might not be assigned the duty of procuring information for the benefit of the board, but an advisory duty delegated presumably because of confidence reposed personally in the delegate is not such a duty as may properly be redelegated. The secretary, as authority for the practice, refers to an Executive order of many years ago which authorized the commission to make inspections, etc., by " subcommittee." The point hardly needs discussion. The meaning of " sub- committee " is too well understood. The invoking of such an untenable theory by the secretary tends to weaken rather than strengthen the position assumed. The vouchers upon which the payments now under consideration were made are not accompanied by a copy of or reference to any specific written order or authority under which the travel in question was performed. And while it appears in evidence now before me that the chairman of the board approves of the action of the secretary in performing this travel — and possibly may be re- garded as having authorized it In advance — it also appears that no specific orders were issued directing the performance of the travel, and that such orders as there were amounted to nothing more than recognition of a discretion in tlie secretary. This is indicated by a statement in a letter addressed to the secre- tary by the chairman. May IG, 1914, as follows : " I do not believe it will be possible for me to go to St. Louis, and, of course, not to San Francisco. I am writing Mr. Dockweiler, a member of the board residing in California, to see if he will not look after things there, and I hope you will make it a point to see him in Los Angeles, in any event, if you go to California." It Is contended that a certain resolution of the Board of Indian Commission- ers, dated February 5^ 1914, purportiJig to authorize the secretary " to arrange and pay for such travel by any member or regular employee of the board as the condition of the board's appropriation will, in his .iudgment, permit," consti- tutes suflicient authority for the performance of this travel. I do not see how this resolution could by any reasonable construction be given the effect con- tended for. Authority to " arrange and pay for travel " is clearly not authority to order and direct it. But even if the language of the resolution had been so plain as to indicate beyond a doubt an intention on the part of the board to confer upon the secretary authority to perform travel whenever in his judgment the condition of the appropriation will permit, it must of necessity be held that the board could not confer such unlimited authority on the secretary, and, if INDIAN APPEOPEIATION BILL, 1911. 93 attempted to be conferred, such authority could not of itself justify allowance of credit for the payments now under consideration. ''^}^f^ contentions of the secretary are, in my opinion, erroneous and unwar- ranted. They are in effect that a right is somehow vested in him to travel at Government expense at his own pleasure. And the theory upon which thev seem to be based not only imputes to the board powers seemingly not conferred by statute, but ascribes to himself all the prerogatives which the law vests in the members of the board because of their personal qualifications as to intelli- gence and philanthropy. I do not care here to discuss the powers of the board, since in this matter I am concerned only with the question of the proper expenditure of public money but the secretary has to a certain extent raised an issue as to the extent of said powers by assuming unto himself powers coextensive with those of the board and by contending that the expenses here involved were incurred in the proper exercise of said powers. This naturally suggests the question as to whether the supervision of the letting of contracts for Indian supplies is one of the powers of the board and whether it is the duty of the board of its own volition to attend such lettings for the purpose of inspecting samples or consulting with the Commissioner of Indian Affairs. As set forth in the act of 1882, supra, the only powers of the board are (1) " to visit and inspect agencies and other branches of the Indian Service," and (2) " to inspect goods purchased for said service." It is evident that the secretary's trip to San Francisco was not in connection with either of these purposes, and he does not even contend that it was. The duty of consultation as to purchases is a duty imposed on the Commis- sioner of Indian Affairs. But, without being technical and assuming that the presence of the board or of members thereof at lettings was in furtherance of the intention of the law that there should be consultation as to purchases and disregarding any question as to the initiative, it does not appear that there is any duty to consult with the secretary. Neither does it appear that anyone directed his presence at San Francisco at the time of this letting. Commissioner Dockweiler was there on the 4th of June and remained until the 6th and returned again on the 20th. The secretary was there from the 3d to the 23d. It appears from the statement of the secretary that he rendered some service to the commissioner while there, but it nowhere appears that he was directed to go there for that purpose or that there was any duty imposed on him which required him to be there. The chairman, by his letter to the secretary at Oklahoma City, informed him that he had written Commissioner Dockweiler " to see if he would not look after things there" (San Francisco) and expressed the hope that he (the secre- tary) would see Commissioner Dockweiler in Los Angeles in any event if he (the secretary) went to California. Although the opportunity here presented itself to give any necessary orders or directions, the chairman does not direct the secretary to go to San Francisco nor intimate in a single word that it was his duty to be there. On the contrary, he was writing Commissioner Dockweiler to "look after things there" and evidently regarded the secretary as free to go of his own volition or not, as he saw fit. Since there were no orders to go to San Francisco and no duty upon the secretary to consult with anyone or upon anyone to consult with the secretary with reference to purchases there was no proper authority for travel at Government expense. The secretary cites as a precedent for the payment of such expenses a pay- ment made to his predecessor on account of expanses of a trip made by him. I have had all former accounts of traveling expenses of secretaries who were not members of the board examined. They were for necessary expenses in- curred in traveling to attend meetings of the board or for other purpose under proper orders and are unobjectionable. There is no precedent for the allowance of expenses under such circumstances as those now presented. The appropriation from which these payments were made (38 Stat., 80) is an appropriation subject only to requisition for advancement of funds by the Secre- tary of the Interior, and it was held in my decision of March 22, 1915 (72 MS. Comp. Dec., 1444), that the accounts of this disbursing officer must receive ad- ministrative examination by the Commissioner of Indian Affairs under the statute or by direction of the Secretary of the Interior before transmission to the auditor for settlement. There is nothing oh these vouchers indicating then- approval for payment by anyone but Mr. Abbott himself, and the letter of the Commissioner of Indian Affairs to the auditor of date August 12, 1914, indicates that these payments are not approved. 20527—16 7 94 INDIAN APPEOPEIATION BILL, 1911. Before leaving Oklahoma City for San Francisco, Mr. Abbott received payment of $51.20 from the United States marshal for the expenses of his travel trom Oklahoma City back to Washington. He had this money in his possession when he, as disbursing officer, paid to himself all of his expense for travel back to Washington by vs^ay of San Francisco, Chicago, and other points. It was refunded March 27, 1915. after appeal of this case to this office. The action of the auditor in disallowing credit for the payments in question is affirmed, and a certificate of no difference will issue. This revision is limited to the items of which revision is requested, and the right of revision as to all other items of the account is reserved. George B. Downey, Comptroller. The Chairman. Is there an unexpended balance in this $10,000? Mr. Meeitt. There is a small balance of $795.21. The Chairman. And you have a statement there covering expendi- ' tures, and all that? Mr. Meritt. Yes, sir. The Chairman. The next item is " For pay of Indian police, includ- ings chiefs of police at not to exceed $50 per month each and privates at not to exceed $30 per month each, to be employed in maintaining order, for purchase of equipments and supplies, and for rations for policemen at nonration agencies, $200,000." Have you a justification for that amount? Mr. Meritt. We offer the following justification for this amount, Mr. Chairman: Pay of Indian police. Fiscal year ending June 30, 1916, amount appropriated $200, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 200, 000. 00 Amount expended 192, 182. 41 Unexpended balance 7, 817. 59 ANALYSIS or EXPENDITUEES. Salaries, wages, etc 172,178.36 Subsistence supplies 2, 981. 85 Dry goods, clothing, etc 12, 424. 03 Forage 3, 689. 96 Fuel 144.00 Equipment, material, etc 714. 21 Transportation of supplies 50. 00 Total 192, 182. 41 This item, as indicated by its title, is to pay the salaries of Indian police, which range from $20 to $30 per month, and the salaries of chiefs from $35 to $50 per month ; to pay for their equipment, uniforms, forage for their mounts (which they must furnish), and other expenses. The scope of the appropriation has been gradually enlarged without providing any additional funds. Although the analysis of expenditures shows an unex- pended balance of nearly $8,000, this is due to vacancies that have occurred during the course of the year, which brings about this saving. The police force is an important part of the reservation life ; these em- ployees are necessary to assist in maintaining law and order, including the suppression of the liquor traffic among the Indians. However, the Indian Is not, as a rule, able to cope with the shrewdness and trickery of the bootlegger and criminal and their success In this particular branch of the work has not been the same as in dealing with the general law and order questions on the reservation and which, as a general rule, involve their own people. They act as truant officers in getting the children to attend the schools, which is an important duty ; they must cover their district or territory and do other work llSTDtAN APPEOPEIATIO]Sr BILL/ 1917. 95 qt a police nature which Is assigned to them by the superintendent or official In charge. The State authorities, as a rule, do very little police duty on the reservation except where they have been thrown open to settlement and are incorporated towns and organized counties. As the Indians' property Is, in most instances exempt from taxation, the office is continually met with the argument that as the Indian does not contribute toward the revenue of the State or county no part of these funds will be expended In his behalf. This makes it difficult In many instances to bring about the apprehension and punishment of offenders and, therefore, this work falls very largely upon the Indian police who are' as a rule, the only peace officers for the Indian Service. The officers of the service for the suppression of the liquor traffic among the Indians are, as a rule engaged In work outside of the reservation. Most of the sales of liquor are made off of the reservation and the Introductions must, of necessity, originate from without the boundaries, so that these officers can not extend their opera- tions to the Internal workings of the reservation. The United States marshals and their deputies, of course, have duties and functions separate and apart from the reservation work and, while they assist when called upon, their duties do not require them to take up this phase of the work. ' _ The Chaiebian. I believe Mr. Carter desires to ask some Ques- tions about that item and we will pass it for the present. The next item is " For pay of judges of Indian courts where tribal relations now exist, $10,000." I see that has been raised $2,000. What justifi- cation have you for that ? Mr. Meritt. We offer the following justification for this item : Pay of judges, Indian courts. Fiscal year ending June 30, 1916, amount appropriated .$8, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 8, 000.00 Amount expended 7, 297. 06 Unexpended balance 702. 94 ANALYSIS OP EXPENDITUKES. Salaries, wages, etc 7, 297. 06 Several years ago there was appropriated for pay of Indian judges $12,000. This was reduced to $10,000, and then again to $8,000, and restrictions added that these courts are to be maintained only where tribal relations existed. With each change in the appropriation the scope of the work was limited, it being necessary to reduce the force in each instance to meet the reduction in the appropriation. This has resulted, in a number of Instances, in reducing the membership of these tribunals from three to one, and in these cases the punishment of certain Indians has been attributed to personal feeling rather than to the. necessities of the case. If the tribunals could consist of three men, as called for by the regulations of the Indian Office and approved by the de- partment, much of this feeling and trouble could be avoided. Furthermore, as the compensation of these employees Is but $7 per month, and in many instances but $3 per month, it can not be expected that the best men available for the positions can be obtained. These courts are valuable assets in the administra- tion of reservation affairs and have proven great helps to the superintendents. Ihe Indian resents punishment by a white man, but where a person of the same race and band decides that an Indian has offended and should be punished there is not the same feeling of hatred and ill will which might otherwise exist. There are many places in the service where the reservations have been divided into districts with a judge sitting in each, but with the present appropriation it has been impossible to provide a sufficient number of judges and it follows there that minor disputes are not settled at all or they must be carried along for an unnecessary length of time until the judge can reach that particular district. It is urged that this Item be allowed In the sum of $10,000. 96 INDIAN APPEOPEIATION BILL, 1911. Mr. Chairman, prior to the last two years we had an appropriation of $10,000 for Indian judges, and we feel that we should have the regular amount that we have received heretofore. The Chairman. That was cut from $10,000 to $8,000? Mr. Meeitt. Yes, sir. The Chairman. Two years ago ? Mr. Meeitt. Yes, sir. The Chairman. How many of those judges have you? Mr. Meritt. One hundred and ten Indian judges. The Chairman. "What compensation do they get per diem, or do they serve by the year ? Mr. Meritt. They get different compensation, but none of them gets compensation in excess of $84 a year ; it is merely nominal. But those Indian judges are usually men of prominence and influence among the trilDes and they are very helpful in maintaining order. The Chairman. Are their salaries reimbursable? _ Mr. Meritt. No, sir j this is a gratuity appropriation. Mr. Norton. These judges of Indian courts, Mr. Meritt, are chosen by the Indians themselves, are they not ? ' Mr. Meritt. They are usually selected by the tribal council or by the superintendent. The Clerk. How long do they hold office ? Mr. Meritt. For different terms. The Clerk. They are appointed for a certain length of time? Mr. Meritt. Yes, sir. Sometimes they serve until their successors are selected. Their terms are not always definite. The Chairman. As I understand it, they have jurisdiction over minor offenses? Mr. Meritt. Yes, sir. The Chairman. They do not interfere in any way with the local authorities of the State, county, or United States Government? Mr. Meritt. No, sir. The Chairman. It is merely a kind of Indian tribal regulation. Mr. Meritt. They are simply there to carry out the regulations of the bureau. The Chairman. The next item is : For pay of special agents, at $2,000 per annum ; for traveling and incidental expenses of sucli special agents, including sleeping-car fare, and a per diem of not to exceed $3 in lieu of subsistence, in the discretion of tlie Secretary of the Interior, when actually employed on duty in the field or ordered to the seat of government; for transportation and incidental expenses of oflScers and clerks of the Office of Indian Affairs when traveling on official duty; for pay of employees not otherwise provided for ; and for other necessary expenses of the Indian Service for which no other appropriation is available, $135,000. That is the same as last year. What is your justification for that? Mr. Meritt. We offer the following justification for this item : General expenses, Indian Service. Fiscal year ending .Tune 30, 1916, amount appropriated $135, 000. 00 Fiscal year ended June 30, 1915 : ' Amount appropriated 135, 000. 00 Amount expended 125, 514. 38 Unexpended balance 9, 485. 67 INDIAN APPEOPKIATION BILL, 1917. 97 ANALYSIS or EXPENDITTIRES. Salaries, wages, etc $80, 825. 30 Traveling expenses 30, 127.73 Transportation of supplies 313. 53 Heat, light, and power (service) 313.95 Telegraph and telephone service 795. 41 Printing, binding, and advertising 1, 378. 38 Subsistence supplies 101. 40 Dry goods, clothing, etc 16. 54 Forage 2, 088. 21 Fuel 2, 138. 48 Stationary and office supplies 811. 79 Medical supplies 988. 05 Equipment, material, etc 3, 478. 19 Rent ■— 1, 318. 5b Miscellaneous 818. 87 Total 125, 514. 33 This appropriation serves a four-fold purpose, namely, the employment of special agents, the traveling expenses of the Commissioner of Indian Affairs, the Assistant Commissioner, and the employees of the Indian Office, to pay em- ployees of the Indian field service not otherwise proprived for, and to provide for the expenses of the Indian Service for which no other appropriation is available. Special agents are essential in the workings of the office. They are detailed to make investigations, to assume administrative charge of Indian agencies and schools during the interim when changes are made, and duties of that kind. In order that the commissioner, his assistants, and the clerical force of the office may make certain investigations and visit the various reservations and field operations, in order to get first-hand information of important facts, etc., trips and details to the field are made from time to time and must be paid from this appropriation. There are several agencies in the service essential and necessary for the welfare of the particular Indians and for which there is no appropriation for maintenance and operation. Such agencies are supported out of funds appro- priated under this head. In order to provide for the varying needs and wants of over 300,000 people, whose welfare is under the jurisdiction of this office, some general appropria- tion is necessary. There are many things necessary to be done or purchased on their behalf for which no other appropriation Is available and under the terms of this item may be provided for. This item provide for the varying needs of the service by reason of its breadth and scope and is absolutely essen- tial in the proper administration of the affairs of the Indians. As will appear from the analysis of expenditures, the principal items are for salaries, wages, traveling expenses, etc. This is a very important appropriation, Mr. Chairman, and we would like to have the full amount requested. The Chairman. It is the same amount you had last year < Mr. Mehitt. It is the same amount and the same language. The Chairman. Will it add any one to the roll? Mr. Meritt. No, sir. The Chairman. It means the same number? IW^T TVTfrttt "i gs sir The Chairman. Ilave you found that number adequate? Mr. Meritt. We can get along with the amount requested. Mr. Norton. This appropriation, Mr. Meritt, has been growmg larger, has it not? . , .„ ^^■ Mr. Meritt. It was increased so as to avoid specific appropria- tions for small items throughout the Indian bill. 98 INDIAN APPKOPBIATION BlVh, 191'?. Mr. Norton. How many special agents are provided for under this appropriation? Mr. Mekitt. We have six agents. Mr. Norton. What do their salaries amount to ? Mr. Meritt. Those special agents receive salaries of $2,000 each. That does not include their traveling expenses and the expense of subsistence while on the reservations. Mr. Norton. What other employees have you? Mr. Meritt. We provide for a number of small agency employees out of this appropriation where other funds are not available. The following table shows the exact number of employees, the salaries paid, and where they are employed. Name. Position. Salary. Location. Joseph W. Howell . . CaiusE. Triplett>.. Chas. E. Dagenett.. Eusene 0. Rowley . Lucien A. Spencer. . Cal vin H. Asbury Walter W. MoConihe Harry T. Brown Lafayette A. Dorrington. Thomas K. Adreon Orlando M. McPherson. - . John Pohland Mabel Stansell Romulus S. BucMand. Edward Clements Lewis T. Ramsey Perry T. Brown A. Ah in Bear Georgia A. Morrison . . . Wm. H. P. Habel Hans Holee Lloyd La Motte Robert H. Dill Chas. Gauthier Henry J. Key Charles Swan Geo. H. Ansey Albert D. Lake Catherine Leech Vacant Wiley L. I "arris. .. j... Eunice V. Stabler Chas. I '. Swanson Eva Lazelle Isaac Mulford Mary Rice. Paul E . Schwarze Antoine Buffalo, jr Robert Morrin Watson C. Randolph. . Burton A^Martindale. Chas. S.l einline LawTitz B . Sandblost. . Benjamin Thompson. . Jac" son W. Carnes Louis Go\ey Vacant Ida A. Deaver.. C. O. Lemon John W. Chandler Edward M. Cox Fran): J. Woodbury. Mi" eLyneh Vacant Fran:^ W. Milbum. . FranJc Wil insou Special supervisor do Supervisor Indian employ- ment. Special supervisor Special commissioner to ne- gotiate with Indians. Special Indian agent do. do do do do Clerk Financial clerk. Special agent Financial clerk Custodian Financial clerk Clerk Lease clerk Physician Laborer Assistant clerk do Laborer and acting interpre- ter. Assistant clerk Laborer Special agent Physician Financial clerk Cler; Financial clenc Assistant clerk Laborer Financial clerk Laborer Interpreter Stenographer Laborer Interpreter Cler:. do do do Physician Lease clerk Constable Assistant clerk Financial cler:- Blac" smith and wheelwright Assistant clerk Stenographer and type- writer. Physician Cler^ Financial elerk Physl''ian Laborer $2, 500 1,200 2,000 1,800 2,000 2,000 2,000 2,000 2,000 2,000 2,000 1,200 720 1,100 900 720 1,400 1,200 1,000 1,200 600 780 900 600 840 480 1,050 600 600 1,400 1,200 660 720 600 600 300 900 720 300 1,500 1,400 1,200 1,000 480 720 540 720 720 840 780 900 500 1,000 1,000 1,200 720 > Regular oflioe employee temporarily detailed to field work, ment Sept. 20, 1915. Indian Service at large. Do. Do. Do. Miami, Fla. Indian Service at large. Do. Do. Do. Do. Do. Reno, Nev. Cherokee Agency, Cherokee, N. C. ' Baraga, Mich. Do. Fort HalL Idaho. Lapwai, Idaho. Do. Do. Do. Do. Germantown, Kans. Lac du Flambeau, Wis. Do. Ashland, Wis. Neah Bay, Wash. Salamanca, N. Y. Do. Do. Macy, Nebr. Do. Do. Do. Mayetta, Kans. Do. Do. Bavfleld, Wis. Do. Do. Rosebui'g, Oreg. Do. Do. Do. Toledo, Iowa. Stroud, Okla. Do. Do. Wyandotte, Okla. Do. Do. Shawnee, Okla. Santa Clara, Utah. ■ Wellpinit, Wadi. Do. Do. Do. 7 Entered on duty under temporary assign- INDIAN APPEOPEIATION BILL, 1917. 99 Name. Position. Salary. Location. LeeC. riai'dv Financial clerk J840 1,200 1,100 900 900 720 1.200 720 900 600 480 Taholah, Wash. Do. Winnebago, Kebr. Do Karl W. Greene C. ^fa^R^i etts Clef-. . Paul W. Land .... do Do Daniel A. Ri ^hardson Physician .. Do C las . J . P al ner Do. Do Ja^ob Twii Stableman Do Mr. Norton. Now, what is the nature of the service of the other employees, outside of these special agents ? Mr. Meritt. They perform different services. Where there are no other appropriations available we pay certain employees out of this appropriation; in fact, this is a general appropriation that is used where no other appropriations are available. That is the pur- pose of the appropriation. There are a great many emergencies arising in the Indian Service constantly, and we are called upon to meet conditions that are unforeseen, and it is necessary to have an appropriation like that in a large service like the Indian Service, where we have 6,000 employees and so many reservations and schools. Mr. Norton. So this appropriation is for general utility and emergency purposes? Mr. Meritt. Yes, sir. Mr. Norton. What is the business of these six special agents ? Mr. Meritt. They go out and take charge of a school or reserva- tion where the superintendent is suspended, or they make special investigations at schools and agencies. Mr. Norton. Who are the six special agents employed under this appropriation now? Mr. Meritt. Messrs. Walter W. McConihe, Calvin H. Ashbury, Thomas K. Adreon, Harry T. Brown, Orlando M. McPherson, and L. A. Dorrington. Mr. John H. Hinton was employed under this appropriation until very recently. Mr. Norton. Where and in what work are they employed at the present time? Mr. Meritt. Their work Mr. Norton (interposing). Where is each agent employed and where is each agent located at the present time? Mr Meritt. The table which we will prepare will show you that detailed information. Of course, they are being transferred from one place to another constantly. For instance, the first man here, Mr Walter W. McConihe, has been on two or three different assign^ ments within the last two or three months; and the same is true of the other members of the force of special agents. They are jumping about from one place to another to make special investigations. - Mr. Norton. Have those men been in the service for a long time* Mr. Meritt. Yes, sir; those men have been m the service for years. Mr. McConihe has been in the service, I guess, for 20 years ; Mr. Hinton has been^in the service for 25 years, and is now employed as examiner of inheritance; Mr. Asbury has beenin the service for probably 15 years; Mr. Adreon has been m the Government service 100 INDIAN APPEOPEIATION BILL, laH. for a number of years; he was formerly, I think, in the Philippine service; Mr. Brown has been in the Government service a great many years ; Mr. McPherson has been in the service forSO years ; and Mr. Dorrington has been in the Government service for a number of years. The Chairman. Are they under the civil service? Mr. Meeitt. Yes, sir. Mr. Carter. You say they are under the civil service ? Mr. Meeitt. The special agents are. Mr. Caetee. Do not these special agents act as a kind of secret service for the bureau? Mr. Meeitt. The inspectors do that work more than the special agents. Mr. Caetee. They are the special confidential agents of the com- missioner, are they not? Mr. Meeitt. Yes, sir; the inspectors are. Mr. Caetee. Well, you say they are appointed under the civil service ? Mr. Meeitt. The special agents are regular civil-service em- ployees. Mr. Caetee. But they are not appointed under the civil-service regulations, are they? Mr. Meeitt. Yes, sir; all these men. Mr. Carter. Were there not some exemptions from the regular civil-service rules when they were appointed? Mr._ Meeitt. Not these special agents, but the inspectors, the six inspectors authorized in the Indian appropriation act. The six inspectors, however, are required to meet certain requirements made by the Civil Service Commission and they must meet the approval of that commission before they can be appointed as inspectors in our service. The Chaieman. We will return to the item for the payment of Indian police. How many of these Indian policemen are there? Mr. Meeitt. There are 600 Indian policemen. The Chaieman. Where are they located — on the reservations ? Mr. Meeitt. On the reservations throughout the United States. The Chairman. Are they white men or Indians? Mr. Meeitt. Indians. The Chaieman. All of them? Mr. Meeitt. Yes, sir. The Chaieman. Are the officers Indians also; how are they officered ? Mr. Meeitt. We have chiefs. We have the regular policemen and chiefs of police, and they are all Indians. The Chaieman. Do you have lieutenants among them as officers? Mr. Meeitt. They may call them lieutenants in some places, but thev are recognized as chiefs of police. The Chairman. Do you have regular squads or companies, as in the Army? Mr. Meeitt. No, sir. In fact, we only have three or four and' in some cases five or six on the larger reservations. The Chairman. What are their duties? INDIAN APPEOPEIATION BILL, 1911 101 Mr. Meeitt. To maintain order on the reservation and carry out the instructions of the superintendent. The Chairman. The superintendent or agent at that place has charge of the Indian police, and they are subject to his orders, are they not? Mr. Meeitt. Yes, sir; all employees on Indian reservations and Indian schools are under the general direction of the superintendent. The Chaieman. Are the police mounted? Mr. Meeitt. In some cases, where they have a large territory to cover. The Chaieman. What is their duty relative to the prevention of intoxicating liquor being distributed among the Indians? Mr. MJEEiTT. That is one of their special duties, to prevent the distribution of liquor and suppress its traffic. The Chaibmaht. Have they power to arrest without warrants ? Mr. Meeitt. Yes, sir. The Chaieman. What do they do wilh the party arrested ? Mr. Meeitt. They bring him before the Indian judges or the superintendent. The Chairman. These people that we have just provided for here ? Mr. Meeitt. Yes, sir; and thej' are tried and the Indian judges mete out justice to them. The Chaieman. Do they execute the sentences of those Indian judges? Mr. Meeitt. They are required to have the judgment approved by the superintendent. The Chaieman. By the superintendent or agent? Mr. Meeitt. By the superintendent. In fact, we have no agents now. The Chaieman. They have the powers of agents under the old laws? Mr. Meeitt. Yes, sir. Mr. NoETON. This includes the rations for the Indian policemen, does it not? Mr. Meeitt. Yes, sir ; and also supplies and equipment. The Chaieman. Down at the bottom of page 14, in line 22, you have inserted the word " pay " in lieu of the words " the employ- ment." The item reads : For pay of 6 Indian Service inspectors, exclusive of 1 chief inspector, at salaries not to exceed $2,500 per annum and actual traveling expenses, and $3 per diem in lieu of subsistence when actually employed on duty in the field, $30,000. What justification have you for that? Mr. Meeitt. We offer the following justification for the item: Inspectors, Indian Service. Fiscal year ending June 30, 1916, amount appropriated $30, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated ^"' """• "" Amount expended ^, bbb. bJ Unexpended balance 27, 333. 18 102 INDIAN APPKOPBIATION BILL, 191*7. ANALYSIS or EXPENDITt'RES. Salaries, wages, etc $1. 633. 99 Traveling expenses 1. 032. 83 Total 2, 6G6. 82 The necessity for inspection of the various governmental activities in relation to the Indian.s is apparent. There are altogether 137 bonded officers in charge of schools and agencies, and 31 disbursing officers with functions of varying importance from a special agency in connection with scattered ibands of Indians in Utah to large irrigation projects. All these vast and varie'd interests with thousands of employees must as frequently as practicable be visited by in- specting officers. These five officers are required to supplement the present force of special agents and supervisors. The Chairman. I see you have changed the word " employment " to " pay ". Do you think that is better language ? Mr. Meritt. We changed that in order to make the bill uniform throughout. The Chairman. You have used that word " pay " instead of the word " employment " ? Mr. Meritt. Yes, sir; and you will notice in the item above that we use the language, "For pay of special agents." The Chairman. Do you find that these Indian Service inspectors are necessary? Mr. Meritt. Yes, sir; I feel that they are necesary to the service. The Chairman. How long has this been the law ? Mr. Meritt. For two years. The Chairman. Is it a satisfactory service ? Mr. Meritt. The commissioner has taken considerable pains to get competent men to fill these positions, and we hope that when they are thoroughly organized we will be able to accomplish a splendid work. The Chairman. These are the men whose qualifications have to be passed upon by the civil service board? Mr. Meritt. Yes, sir. Mr. Carter. These are the personal employees of the commis- sioner ? Mr. Meritt. They are supposed to be the personal representatives of the commissioner in the field. ' > Mr. Carter. Who are the present incumbents? Mr. Carter. Inspector Sweet, Inspector Traylor, Mr. Slemaker, Mr. Night, and Mr. Coleman. Mr. Carter. How long have they been in the service ? _ Mr. Meritt. Mr. Sweet and Mr. Taylor have been in the service since last spring and these other gentlemen have only been recently appointed. Mr. Carter. What are their duties as inspectors? Mr. Meritt. They go out on the reservations and investigate schools and agencies, and find out if there are any irregularities at these places. Mr. Carter. Do they assist you in suppressing the liquor traffic? Mr. Meritt. That is not their primary duty, but it is the duty of every Indian employee to cooperate in suppressing the liquor traffic. Mr. Carter. Is not that one of the special duties of Mr. Sweet? Mr. Meritt. No, sir. INDIAN APPKOPEIATION BILL, 1917. IQS is if nofr™''" ^^^ "" ^ ""^^ ^^'"^ ^" *^^ ^'^'ii^^ appropriation bill, Mr. Meeitt. Yes, sir. kinTwfsTrde i??9M? ^^P^P"^*-- ^^^e for purposes of this Mr. Meritt. Yes, sir. Mr. NoRTOK Had the men who have been appointed had any experience m Indian work before their appointment? ^ Mr. Meritt. No, sir; I think not.' Mr. Carter. The next item is as follows: For the purpose of determining the heirs of deceased Indian allottees havinir any right, title or interest, in any trust or restricted property under resula tions prescribed by the Secretary of the Interior, $100,m-PrMdThTthi^ Secretary of the Interior is hereby authorized to use Act to exceed $25 000 for the employment of additional clerks in the Indian Office in connectk.nwf?h out Tf "the'.foS"*"^ the heirs of deceased Indians and examining their vT^lls out of the $100,000 appropriated herein: Provided further, That thS provisions of this paragraph shall not apply to the Osage Indians, nor to the Fh-e C° vU zed Tribes of Indians in Oklahoma: And provided further, That hereafter upon a ^f^J^Tu^l^?^ ^''^ ^.^""^ '° ^°y *»•"«* «^ restricted Indian property orXr P?^ thi^^T.*^^ ^^""^ r^ "^ ^°y ^''^^ ^^^""•'^ ^'"'^ trust or restricted prop- erty, there shall be paid by such heirs, or by the beneficiaries under such will or from the estate of the decedent, or from the proceeds of sale of the allotment' or from any ta-ust funds belonging to the estate of the decedent, the sum of $15' which amount shall be accounted for and paid into the Treasury of the United states, and a report shall be made annually to Congress bv the Secretary of the Interior, on or before the first Monday of December, of all moneys collected and deposited, as herein provided : Provided further, That if the Secretary of the Interior shall find that any inherited trust allotment or allotments are capable of partition to the advantage of the heirs, he may cause such lands to be partitioned among them, patents in fee to be issued to the competent heirs for their shares and trust patents to be issued to the incompetent heirs for the lands respectively or jointly set apart to them, the trust period to terminate m accordance with the terms of the original patent. I notice you hSTve changed the language. _ Mr. Meritt. "We have made several changes in the wording of this item, and I offer the following justification for the entire item : Determining the heirs of deceased Indian allottees. Fiscal year ending June 30, 1916, amount appropriated $100, 000.00 Fiscal year ended June 30, 1915: Amount appropriated 100, 000. 00 Amount expended 81^ 692. 83 Unexpended balance 18, 307. 17 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 75, 934. 21' Traveling expenses 3, 931. 26 Transportation of supplies 1. 45 Telegraph and telephone service 22. 24 Printing, binding, and advertising ^ r 8. 10 Stationery and office supplies 1, 409. 67 Equipment, material, etc 18. 30 Rent 10.00 Miscellaneous—, 357.60 Total 81, 692. 83 Note. — $19,982.57 of the amount shown for salaries paid to clerks In the Indian Office. 104 INDIAN APPEOPKIATION BILL, 1917. The appropriation of $100,000 asked for the fiscal year ending June 30, 1917, to be used for the purpose of conducting hearings and taking evidence to de- termine the heirs of deceased Indian allottees in accordance with the provi- sions of the act of June 25, 1910 (36 Stat. L., 855), is absolutely necessary to enable the department to carry out the provisions of section 1 of said act. For the fiscal year ended June 30, 1915, $100,000 was appropriated, and this appropriation continued for the fiscal year ending June 30, 1916, under the .ioint resolution of March 4, 1915. With these amounts the Indian Office has been able to systematize the Indian probate work by the appointment of examiners of inheritance to 19 of the larger Indian reservations, and also to employ a force of experienced and efficient examiners or clerks here in Wash- ington, the examiners of inheritance being engaged in conducting hearings under the act of June 25, 1910, supra, and the office force being engaged in properly reviewing and preparing the cases for the consideration and action of the Secretary of the Interior. During the fiscal year ended June 30, 1915, 6,140 estates of deceased Indians who held their allotments under trust patents were finally acted upon by the Secretary of the Interior, and under the provisions of the Act of August 1, 1914 (38 Stat. L., 582-586), which requires the payment of a fee of $15 for each trust estate determined, the aggregate of fees due for the determination of heirs to the above-mentioned estates was $92,100, of which $49,186.11 was actually collected. In addition to above trust estates finally disposed of, 586 estates of deceased Indians who held their allotments under restricted fee patents, or who were nonallottees who left trust property, were finally acted upon during the year by the Secretary of the Interior, for which cases no fee can be collected under the Act of August 1, 1914. It is estimated that during the current fiscal year at least 8,000 trust estates will be finally disposed of, aggregating $120,000 in fees, so it can be seen that tliis work is wholly self-sustaining and is of vast importance in connection with the Indian administration, and it can not be too urgently recommended for the favorable consideration of Congress. Twenty-five thousand dollars of the appropriation is asked for the employ- ment of an additional number of clerks in the Indian Office to properly handle the work as it is submitted from the field. A provision has also been inserted in this item for the partition of allotments of deceased Indians in cases where all the heirs are noncompetent. The present law of June 25, 1910 (36 Stat. L., 855), provides for such partition only when some of the heirs are competent and some noncompetent. We have made a report to Congress of the expenditure of this appropriation, and it will be found in House Document No. 120, Sixty- fourth Congress, first session. The Chairman. That may go in the record. Mr. Meritt. The document referred to is as follows : [House Document No. 120. Sixty-fourth Congress, first session.] Department or the Inteeiok, Washington, December 6, 191S. The Speakee of the House of Repkesentatives. Sik: In compliance with the provisions of the act of August 1, 1914 (38 Stat, L., 682, 586), I have the honor to submit herewith a report of all moneys col- lected and deposited during the fiscal year ended June 30, 1915, under the ap- propriation " Determining heirs of deceased Indian allottees, 1915." Respectfully, Fbanklin K. Lane. moneys collected and deposited under appbopeiation " determining HEms OF deceased INDIAN ALLOTTEES." (Report of all moneys collected and deposited during the fiscal year ended June 30, 1915, under the provisions of the act of Aug. 1, 1914, 88 Stat. L., 582, 586.) INDIAN APPKOPEIATION BILL, 1911. 105 Under the provisions of the above act there was collected and deposited In the United States Treasury the sum of $49,186.11, as follows : Heirship fees collected during the fiscal year ended June 30, 1915— $50, 071. 11 Fees erroneously collected and returned to the payors 885. 00 Net amount collected 49_ 186. 11 During the fiscal year ended June 30, 1915, 6,696 estates of deceased Indians were finally acted upon by the Secretary of the Interior. Of this number fees were collectible in 6,140 cases, leaving 556 cases in which no fee could be charged under the law. Under the provisions of the act of August 1, 1914, supra, the aggregate of fees due for the determination of heirs of the above- mentioned .estates was $92,100, of which, as stated above, $50,071.11, was actu- ally collected and $885 was for fees erroneously collected, which amount was returned to the payors, leaving the net amount collected $49,186.11. In addition to the above estates finally disposed of, 556 estates of deceased Indians, who held their allotments under restricted fee patents, and estates of deceased nonallottees, who left trust property, were finally acted upon during the year by the Secretary of the Interior, for which cases no fee can be col- lected under the provisions of the act of August 1, 1914, supra. The Chairman. You have stricken out the following language : Provided further, That hereafter any officer or employee appointed or desig- nated by the Secretary of the Interior or the Commissioner of Indian Affairs as special examiner in heirship cases shall be authorized to administer oaths in Investigations committed to him. And then you have added this new language : That hereafter upon the determination of the heirs to any trust or restricted Indian property or after approval by the Secretary of the Interior, any will covering such trust or restricted property, there shall be paid by such heirs or by the beneficiaries under such will, or from the estate of the decedent, etc. What is the necessity for that change ? Mr. Meeitt. Under the original law we did not have specific au- thority of law to determine the heirs of Indians except in the case of trust property, or what is technically known as trust property, where trust patents have been issued. We have different kinds of patents in the service, and it was for the purpose of broadening this law so as to cover all the different classes of Indian property, outside of the Five Civilized Tribes and the Osage Nation, that this change was made. The Chalrman. I see that there are several other changes. Are they merely verbal, or are any material changes made there ? Mr. Meritt. It is all for the purpose of broadening the law so as to cover the different classes of Indian property. The Chairman. There is a change in the language providmg that the sum of $15 shall cover the cost of determining the heirs to the estate of deceased allottees, "which amount shall be accounted for and paid into the Treasury of the United States and a report made annually to Congress by the Secretary of the Interior, on or before the first Monday in December, of all moneys collected and deposited, as herein provided." The change occurs in lilies 3 and 4 on page 16. Mr. Meritt. That will broaden the charge that we can make. Under the item, as amended, we can charge for approving wills and approving the heirs to estates, other than in the case of purely trust property. 106 INDIAN APPEOPEIATIOH BILL, 1917. The Chairman. Do you find that that is necessary in carrying this ;law into effect ? Mr. Meeitt. Yes, sir. The Chairman. It is not to broaden the scope, but it is all for the :same purpose. Mr. Meeitt. It is to carry out the intent of the original act of June 26, 1910, and other laws applicable. The Chairman. I see that you have stricken out the provision beginning in line 9 down to line 20 and inserted another provision. Now, what is the difference between the provision inserted by you and the one in the original law ? Mr. Meritt. The lines stricken out contain permanent legislation, and it is not necessary to incorporate it in the bill for this year. The new legislation reads as follows: Provided further, That if the Secretary of the Interior shall find that any inherited trust allotment or allotments are capable of partition to the advantage of the heirs, he may cause such lands to be partitioned among them, regardless of their competency, patents in fee to be issued to the competent heirs for their share and trust patents to be issued to the incompetent heir for the lands re- spectively or jointly set apart td them, the trust period to terminate in ac- cordance with the terms of the original patent. The changes in the last proviso were found to be necessary for the reason that the act of June 25, 1910 (36 Stat., p. 855), fails to pro- vide for the partition of the allotments of deceased Indians in cases where all the heirs of the decedent are noncompetent, and the item as originally submitted is not sufficiently clear in this regard. The Chairman. It is, then, for the purpose of making it more clear and more specific? Mr. Meritt. Yes, sir; more specific, and to enable us to partition the estate where all of the allottees are considered noncompetent. The Chairman. You ask the same amount? Mr. Meritt. Yes, sir ; we are asking for $100,000, the same amount as formerly. Mr. Carter. Is that reimbursable? Mr. Carter. Yes, sir. Mr. Carter. From the estates? Mr. Meritt. Yes, sir; and we have determined more than enough estates this year to cover the amount expended, as shown by the report submitted to Congress. You will notice on page 15, in line 8, we ask that the amount for the employment of additional clerks in the Indian Office in connection with this work be increased from $20,000 to $25,000. This does not increase the $100,000 appropria- tion, but it simply allows us to use $25,000 instead of $20,000 for clerk hire in the Indian Office to take care of this particular class of work. The Chairman. The appropriation is the same amount? Mr. Meritt. Yes, sir; but we have found that it will be a more ■equitable adjustment of the work to have $25,000 for the work here and $75,000 for the field work. Mr. Norton. Your unexpended balance for last year is something over $18,000. Mr. MjiiRiTT. Yes, sir. Mr. Norton. Do you believe that an appropriation of $100,000 will be needed next year? INDIAN APPEOPEIATION BILL, 1917. 107- Mr. Meritt. Yes, sir. This is a reimbursable appropriation, and we really ought to have probably two or three additional employees in this work so as to utilize the entire appropriation. There are probably 30,000 undetermined heirship cases, and it is important that this work be closed up as quickly as possible so that the heirs can get definite title to their lands, and so that the surplus lands can be disposed of, if they care to sell them, and the proceeds used to improve their homesteads. The Chairman. Is there any objection to it from the Indians? Mr. Meritt. No, sir; the Indians are very favorably inclined to this work, and are clamoring to have their estates closed up and the heirs determined. Mr. Norton. Is there any objection made to the payment of this fee of $15? Mr. Meritt. At first some of the Indians thought that the heir- ship examiners were doing a little grafting, but it was finally ex- plained to them that it was necessary to reimburse the Government for the expense of determining the heirs. The Chairjian. That is reimbursable out of the estates? Mr. Meritt. Yes, sir. Mr. Norton. What is the highest salary paid to any of the attorneys ? Mr. Meritt. $2,000 is the highest, and most of the heirship exam- iners get $1,800. They are all lawyers and do valuable work. Mr. Norton. How many are employed? Mr. Meritt. I think we have 18 heirship examiners at this time in the field, and probably that many people employed in the office, in addition to stenographers and interpreters in the field. Mr. Norton. What was the decision in the Wahehe case? Mr. Meritt. That has not been definitely determined. It is a very important case and is receiving careful consideration in the Interior Department. Mr. Norton. It has been pending for some time ? Mr. Meritt. Yes, sir. It is one of those cases that involves so much property and is of so much importance, with so much depending on it, that they have not reached a conclusion. There are certain cases pending in the courts, and they are waiting for a final decision in those cases before a final decision is rendered by the department. The Chairman. The next item is on page 17, beginning at line 4, as follows : For the purpose of encouraging industry and self-support among tlie Indians and to aid them in the culture of fruits, grains, and other crops, $500,000, or so much thereof as may be necessary, to be immediately available, which sum may be used for the purchase of seed, animals, machinery, tools, imple- ments, and other equipment necessary, in the discretion of the Secretary of the Interior, to enable Indians to become self-supporting: Provided, That said sum shall be expended under conditions to be prescribed by the Secretary of the Interior for its repayment to the United States on or before June 30, 1925: Provided further, That not to exceed $100,000 of the amount herein appropriated shall be expended on any one reservation or for the benefit of any one tribe of Indians. What justification have you to offer for that? 108 INDIAN APPEOPEIATION BILL, 1911. Mr. Meeitt. We offer the following justification for that item: Indtistry among Indians. Fiscal year ending June 30, 1916, amount appropriated $600, OOP. 00 Fiscal year ended June 30, 1915 : Amount appropriated 600, 000. 00 Amount expended °°'' °^^- ^'^ Unexpended balance 32, 147. 01 ANAITSIS OP EXPENDITURES. Salaries, wages, etc 5> 119- ^ Traveling expenses ^ ol9- 98 Transportation of supplies ." 12, 545. 61 Subsistence supplies , 1. 594. 94 Forage 6, 917. 66 Fuel , 3-28 Live stock 421,706. 87 Implements, machinery, harnesses, etc 67, 031. 78 Fence material 13, 696. 28 Building material 8, 773. 35 Repairs to flour mill 7,131.23 Seed, trees, and plants 22, 791. 12 ■Miscellaneous 20. 90 Total 567, 852. 99 The reimbursable appropriations made by Congress and at a number of schools tribal funds have been very actively used and with beneiicial results In the encouragement of industry and self-support among the Indians. Appro- priations for this purpose have been previously made in the following acts in the amounts stated : Act of Apr. 30, 1908 (35 Stat. L., 70-83), and Mar. 3, 1909 (35 Stat. L., 781-795), for Fort Belknap, Mont $25,000 Act of Apr. 4, 1910 (36 Stat. L., 269-277), for Tongue River Reser- vation 15,000 Act of Mar. 3, 1911 (36 Stat. L., 1058-1062), for general use at all reservations 30, 000 Act of June 30, 1913 (38 Stat. L., 77-80), for general use at all reservations . 100, 000 Act of Aug. 1, 1914 (38 Stat. L., 582-586), for general use at all reservations 600, 000 Act of Aug. 1, 1914 (38 Stat. L., 582-594), for cattle for the Tongue River Reservation 25, 000 Act of Aug. 1, 1914 (38 Stat. L., 582-595), for cattle for Standing Rock Reservation, advanced from tribal funds in the Treasury 100, 000 Joint resolution of Mar. 4, 1915 (38 Stat. L., 1228), for general use at all reservations 600, 000 Total 1, 495, 000 Property consisting of work stock; agricultural equipment, and seeds, costing $29,768.28, were purchased with the money appropriated for the Fort Belknap Reservation, and some of the repayments made by the Indians. At the present time there has been repaid by the Indians and deposited in the Treasury $12,267.46, and approximately $7,783.55 is still due from them. The super- intendent advised the office some time ago that he intended to collect some of the outstanding accounts this fall when the Indians disposed of their hay, but no late reports are at hand of the amount actually collected. The Indians have all indicated a willingness to pay their accounts as soon as they can realize on crops raised. The proceeds from their crops in past years have been rather small because of unfavorable climatic conditions. The difference between the amounts paid by and due from the Indians and the amount of the appropria- IKDIAN APPBOPRIATION BILL, iQl"?. 109 tion, namely, $4,948.99, is due from the tribe as a whole for agricultural eauiD- fT ndMduaif 1*ni fh^'^^'" '"?"?,1 t?"- *'^ ''^"^fi* °* the tribe ratherThin toi mdi\iduals, and this amount will be reimbursed from funds anticinated from present permits for grazing outside stock on the reservation so that in he next year or two the status of this fund will show the purchase' of property Tnd1nnf'«n*^ ^^f ^'"°"°* appropriated due to the use of repayments made by Appropriated. ^^P^y'"^"* i"^*" *!»« Treasury of practically every dollar iir^^\^^,rT'^-^'°'' "^f*^^ for Tongue Eiver Reservation has been very bene- «1 iL^^ ^°^i''?^; ^'^"¥ ^^^ P^'* ^^'=^^ ye^'- $4,632.08 from this appropria- tion was expended largely for mares so that the Indians may raise their own horses, and some small Items of agricultural equipment and seed. This appro- priation has been of a tremendous amount of good to the northern Cheyenne Indians for, through the sale of the property and stock furnished to them from the money, they have been enabled to engage in the cattle industry, freight supplies, and farm lands under the irrigation ditch. The following figures will show concisely the status of this fund : Original appropriation $15 qqq qq Repayments made by Indians to June 30, 1915 2l]o31.'48 Expended to June 30, 1915 33' yeg' §4 Unexpended in the Treasury 2,262.64 The following figures will show briefly amounts and purposes for which ex- penditures were made from the two appropriations made on March 3, 1911. and June 30, 1913 : Appropriated Mar. 3, 1911 $30,000.00 Appropriated June 3, 1913 100,000.00 J 130, 000. 00 Repayments made by Indians up to June 30, 1915 18, 550. 21 Available for expenditure 148, 550. 21 Expended to June 30, 1915 103,033.50 Balance 45, 516. 71 Expended during the fiscal year 1915: For transportation 4, 456. 83 For livestock 15, 789. 65 For implements, harness, tools, etc 11, 111. 80 For fencing material 2, 933. 29 For seeds, plants, and trees 6, 349. 60 Miscellaneous 902. 35 Total 41, 543. 52 A portion of the " balance " stated above, as will be observed, represents money which has been once expended and repaid by the Indians, the repayments under the law being available for reuse for a term of years, the $30,000 fund and repayments until June 30, 1918, and the $100,000 fund and repayments until June 30, 1925. A part of the balance shown will also be used in the near future in the settlement of claims for property authorized and purchased during the past 'fiscal year upon which final administrative actions has not yet been completed. The following will show concisely the amounts and purposes for which expen- ditures were made from the two appropriations made on August 1, 1914, and March 4, 1915: Appropriated Aug. 1, 1914 $600, 000. QO Expended 567, 852. 99 Balance 32, 147. 01 20527—16 8 110 INDIAN APPEOPKIATION BILL, 1917. Expenditures were made for the following purposes during the fiscal year 1915: For live stock $421, 706. 87 For implements, machinery, harness, etc 67, 031. 78 For seeds, plants, trees, etc 22, 791. 12 For building material for improving homes 15, 904. 58 For fencing material 13, 696. 28 For forage for stock 6, 917. 66 For subsistence for' sale to Indians while planting their crops 1, 594. 94 For transportation of supplies 12, 545. 61 For traveling expenses 519. 98 For salaries and wages 5, 119. 99 Miscellaneous 24. 18 Total 567, 852. 99 The items shown in the statement as salaries represent payments made for irregular labor employed to level allotments, prepare land for cultivation by the Indians, to care for cattle purchased for the Indians, and the erection of a shed to house sawmill machinery purchased for manufacturing building material for Indian homes. No regular employees were paid from this fund. The items for traveling expenses involved payments of small items of indebtedness incurred in connection with the inspection of live stock purchased for the Indians. The apparent available funds under the appropriations referred to above were found inadequate during the past fiscal year to meet the demands of the Indians for assistance. A portion of the balance shown will be utilized in the settlement of claims for proprty authorized and purchased during the past fiscal year upon which administrative action has not yet been completed. The money appropriated was apportioned among various reservations and it is probable there will be a small saving when the business of the year is entirely closed. To meet the needs of the Indians, heretofore brought to the attention of the office, the sum of $159,812.30 was expended from the $600,000 appropriation made in the act of March 4, 1915, which, under the law, became immediately available. The following statement will show the expenditures made from this appro- priation during the fiscal year ended June 30, 1915 : For live stock $136, 229. 28 For implements, harness, machinery, etc 5, 644. 83 For seeds, trees, plants, etc 16, 178. 82 For transportation of supplies 1, 414, 52 For traveling expenses 131. 60 Miscellaneous ■ 213. 25 Total 159, 812. 30 The balance of this appropriation, namely, $440,187.70, will be used during the current fiscal year. The following statement will show briefly how the two appropriations, one for Tongue River and the other for Standing Rock Reservations, were utilized. For Tongue River Reservation: Appropriated, act of Aug. 1, 1914 $25, 000. 00 Expended for 472 heifers (part of purchase price only) 22, 525. 00 Balance 2, 475..00 For Standing Rock Reservation : Appropriated, act of Aug. 1, 1914 100, 000. 00 Expended for 1,800 heifers (partly paid from this fund) and 80 bulls 99, 783. 23 Balance ^ 216.77 The heifers purchased for the two reservations named were paid for partly from the appropriations mentioned and partly from the general reimbursable appropriations. INDIAN APPEOPEIATION BILL, 1917. HI The money appropriated for general use was apportioned among G2 super- intendencies in Arizona, California, Idaho, Kansas, Minnesota, Montana, Ne- braska, Nevada, New Mexico, North Carolina, North I^akota, Oklahoma, Ore- gon, South Dakota, Utah, Washington, Wisconsin, and' Wyoming In amounts ranging from $1,000 to $75,000. Approximately 4,538 Indians have been given assistance from the appropriations for general use in amounts averaging about $200. The majority received assistance in small amounts, although there are many cases where Indians were given assistance up to as high as $600. In addition to the appropriations made, tribal funds have been used in the same manner at approximately 23 reservations, and 3,670 Indians were given assist- ance from those funds. While some of the number stated perhaps have received assistance from both appropriations and tribal funds, it is safe to say that more than 7,000 individuals have been helped from funds derived from both sources, the remaining number representing Indians who have re- ceived help partly from appropriations and partly from tribal funds. All kinds of agricultural equipment, work and breeding stock, seeds, fence, and building material were purchased for the Indians, and In a large number of cases good crop seasons are about all that is necessary to place the Indians in a position from which self-support and independence may result, either through farming or stock raising. At a number of places where it was not considered advisable to turn the cattle over to the Indians at this time, or where the funds were insufficient to buy enough cattle to go around, herds of cattle were estab- lished as tribal property to be later distributed among the Indians entitled. The natural increase of these herds will be utilized in making repayments to the Treasury before the cattle are distributed. The prospects for the return of the appropriations to the Treasury are very good. The showing made with the appropriation advanced for Fort Belknap and Tongue River, set forth in detail above, is indicative of the general atti- tude of the Indians toward the settlement of their obligations. They will, as a rule, pay the Government the full amount expended in their behalf, and be- cause they have been required to pay for what they got they take better care of their property. So far not a loss has been sustained, although in a great many cases the time for payment has had to be extended, due to unfavorable crop seasons and the lack of employment for the Indians through which they might add to their incomes and accumulation of money needed for their general support and the liquidation of their accounts. In a large number of cases the first payments were not due until this fall and many do not become due until sometime during the month of December, so that it can not be accurately told just what will be accomplished in the way of making collections of large amounts from the Indians this year. The experience in the past has been that the Indians will pay when they get money, and it now remains for the Govern- ment to see that a way is provided for them to earn the necessary funds. The great difficulty in steady industrial advancement of the Indians lies in the lack of sufficient funds, and it is frequently necessary to readjust the amounts apportioned to the various reservations, taking from one reservation funds which, although needed at that jurisdiction, are more urgently needed at other places. The reluctance with which the Indians heretofore partici- pated in the use of reimbursable money is fast disappearing, and it is gratifying to note that those who are worthy and actually in need of assistance now appreciate the purpose of the Government in making this money available, are studying their needs, and are asking for the stock or equipment required to accomplish the end they have in view. It is not the intention to convey the Impression by this statement that the Indians will accept unlimited credit without regard to their ability to pay. While it is admitted there are perhaps some Indians whose habits of life are such they might overburden themselves with obligations, an investigation made this past summer on a number of reservations developed the fact that the Indians are quite generally thinking for themselves and limiting the amount of aid they ask for to what tliey think they will be able to repay. Those Indians who are prone to ask for too inuch credit are held in check by the Government farmers and the superintendents. As stated in previous hearings, inquiries made of superintendents m the field a few years ago developed the fact that it would require more than $8 000,000 to enable th" Indians to begin the moper use of their lands and the de- velopment of their homes, and now that the interest of the Indians is aroused n is Sghly important that the Government continue its aid through additional reimbursable appropriations for industrial purposes. Already superintendents TrrcawTng the attention of the office to the necessity of diminishing activity m 112 INDIAN APPEOPRIATION BILL, 1917. their industrial campaigns througli tlie lack of adequate equipment and stock, or the funds to purchase what is needed. A need for additional funds exists at practically all reservations. Students who have been educated in Govern- ment schools at public expense are returning to their homes with the knowledge of how to do but no equipment or stock to do with. The Indians to whom allotments of land have been made in previous years are nearing the time when the trust on their lands will expire, and they are really unprepared to assume the obligations which will then fall upon them, Ijarge areas of agricultural and graz- ing land which can and should be farmed by Indians or grazed by Indian-owned stock are now being leased because the Indians have not the equipment or stock to utilize them, and the avenues to obtain the funds necessary to supply their needs which are usually open to white farmers and stock raisers are closed to the Indians. Ijarge numbers of Indians are living in unsanitary homes, tents, or shacks without means to better their methods of living. Good, comfortable, sanitary homes, good clothing, and properly cooked food are highly essential in the industrial advancement of the Indians, and consequently material for the construction and improvement of homes, sewing machines for the making and mending of clothing, and cooking stoves are urgently needed. It is appropriate to insert here a few figures showing what the Indians have in the way of land and the use made of it. Agricultural land: Acres. • ncttnl 6,623,170 Unallotted 969,441 Cultivated bv Indians — Allotted 532,095 Unallotted 182,444 Leased — Allotted 2, 415, 794 Unallotted 2,370 Grazing land : Allotted 13, OSS, 784 Unallotted 30, 935, 867 Used bv Indians — Allotted ^^ 8, 702, 245 Unallotted 21, 894, 898 Leased — Allotted 1, 868, 779 Unallotted 8, 122, 918 Number of able-bodied, male adult Indians 42, 239 Number of Indians farming and gardening 31, 956 The Indians have ample resources to guarantee repayment. Moreover, where cattle are purchased and held as tribal property until paid for, repay- ment is practically assured through the increase in the herds. Some of the land and timber values are here recited. Value of land exclusive of timber : Allotted $368, 030, 944 Unallotted 101, 390, 579 Value of timber : Allotted 11, 369, 277 Unallotted 74, 863, 615 Tribal funds in the Treasury June 30, 1915 42,196,680 Wherever the tribal funds and resources are available for use in carrying out the industrial programs formulated they are being utilized to the fullest possible extent. However, the largest part of the tribal funds in the Treasury are not available for expenditure without further action on the part of Congress. Individual Indians had to their credit in bonded banks at the close of the past fiscal year approximately $12,224,196, and those Indians to whom the money belongs are urged to use it largely for industrial purposes and let their living come from some activity instead of using their money for living expenses while good land either lies idle or is leased. This, of course, applies to those who are able to take part in some industrial activity. This is a very important item, and it is reimbursable. We have been able to be of very great assistance to the Indians bj' reason INDIAN APPEOPEIATION BILL, 1917. 113 of this appropriation Commissioner Sells has taken an unusually active interest m purchas ng cattle for the Indians throughoSthe Indian country. Under the law we are required to submft report^ Do^Zilf^nf^r^^r%''''\'T''' ^'^'^^ '""^ ^«"*^i"«*i in House Uociiment No. 178 Sixty-fourth Congress, first session, and the other ^TrJ^r'^'''\,\ 151, Sixty-fourth Congress, fik session }^^ V.^AiRMAN. Both of them are short, are they not' Mr. Meritt. Yes, sir. The Chairman They may be inserted in the record at this point. Mr. Meritt. The documents referred to are as follows : [House Document No. 151, Sixty -fourth Congress, first session.] Department of the iNTEiaoK, Washinptoii, December li. 1915. The Speaker of the House of Representatives. T ^nAio^?n«o?P"^i"l® witli the provisions of tlie acts of March 3, 1911 (36 Stat. miV hSf^^' T^ ^i"r ^*^' ^P.^^^ ^*"*- L- ^'^-S^)' I ^"^"^ the honor to trans mit herewith a detailed report of expenditures made for the purpose of encour- aging industry among Indians at various Indian reservations during the fiscal year ended June 30, 1915. I am advised by the Commissioner of Indian Affairs that the unexpended bal- ance IS not an indication that the money was not needed, but partly represents money which was heretofore authorized to be expended, but not accomplished or set aside for prospective purchases, which it was later found impracticable to make during the fiscal year. Consequently, the money was returned to the Treasury at the close of the fiscal year, but, under the law, it is a\ailable for use during the current fiscal year. A portion of the balance, as will be noted represents money repaid by Indians, and I am also advised that some of the balance will be used in the settlement of claims for property purchased in the last fiscal year upon which final administrative action has not yet been taken Respectfully, Franklin K. Lane. statement of expenditures for the fiscal year 1915 from the appropriation, " In- dustry among Indians (reimbtirsahle)," act of Mar. 3, 1911 (36 Stat L 1058-1062). Agency. State. Trans- porta- tion of sup- plies. Live stock. Imple- ments, harness, tools, etc. Fence ma- terial. Seed, trees, and plants. Miscel- laneous. Total. Bishop Calilornia $50.00 '$800.00 $850.00 1.93 285 30 Campo do $1.93 Cherolcee North Carolina , . 100.00 $185. -30 Cheyenne Hiver... South Dakota... CaMinmiii 238.20 238.20 Digger 80.00 $72. 59 22.50 135.00 1.33 50.28 44.04 488. 22 6.00 202 63 raUon 4.18 53.12 557.77 FortBidwell Caliiornia 188 12 Fort Hall Fort McDermitt Nevada 210.00 260 28 Fort Yuma California 775. 75 775 75 Hoqpa Valley Eiokapoo. . . do Kansas 221. 64 1,101.50 62.00 1,333.14 212. 00 150.00 Maiki... .::::::. 390. 27 390. 27 Moqui Navajo 4.67 4.67 do 4, 199. 00 200.00 4, 199. 00 200.00 Pima 624. 74 12.30 1,315.64 14.10 209. 48 1,940.38 Pueblo New Mexico. . .. do 26.40 Pueblo Albuquer- que. Pueblo Bonito 209. 48 do 2,550.00 1,390.00 60.00 - 2,550.00 Round Valley Salt River California Arizona 265. 25 117.00 514. 76 482.73 1,458.25 158. 40 18.00 3,646.26 818. 13 1 Owens River Canal stock. 114 INDIAN APPROPEIATION BILL, 1917. Statement of expenditures for the fiscal year 1915, etc. — Continued. Agency. State. Trans- porta- tion of sup- plies. Live stock. Imple- ments, harness, tools, etc. Fence mar terial. Seed, trees, and plants. Miscel- laneous. Total. New Mexico. . .. do Arizona $288.58 482. 75 2.32 $1,872.75 27.66 $999.97 $3, 161. 30 Santa Fe S766. 12 1,276.53 2 32 San Xavier $967.90 304. 00 1,271.90 16 75 Shivwits Utah 16.75 821. 12 591. 13 94.07 892.08 Soboba California 116.32 1,965.00 840. 42 $4.00 3,746 86 Union Oklahoma 94 07 ■Walker River 2.127.00 642.50 1,166.60 3,410.25 392.24 > 66.55 4,120.37 1, 556. 90 do New Mexico. . .. 390.30 1,075.76 Zuni 1,175.00 640. 64 7.80 .6,309.45 Total 4,456.83 15,789.65 11,111.80 2,933.29 6,349.60 902.35 41,543.52 1 Traveling expenses. Original appropriation $30, 000. 00 Appropriated, act of June 30, 1913 100, 000. 00 130,000.00 Repayments to June 30, 1916 18, 550. 21 148,550.21 Expenditures to June 30, 1915 103, 033. 50 Balance 45, 516. 71 [House Document No. 178, Sixty-fourth Congress, first session.] Dbpabtment of the Inteeioe, Washington, December 6, 1915. The Speakeb of the House of Repkesentatives. Snt : In compliance with the provisions of the act of August 1, 1914 (38 Stat. L., 582-586) and joint resolution of March 4, 1915 (38 Stat. L., 1228), I have the honor to transmit herewith a detailed report of expenditures made for the purpose of encouraging industry among Indians at various Indian reservations during the ascal year ended June 30, 1915. I am advised by the Commissioner of Indian Affairs that the use, during the fiscal year 1915, of a portion of the appropriation made in the joint resolution of March 4, 1915, supra, intended principally for the fiscal year 1916, was due to the fact that the appropriation made in the act of August 1, 1914, supra, and previous reimbursable appropriations were authorized to be expended or set aside for specific purposes, and there was not, at the time of the expenditures from the appropriation of March 4, 1915, an apparent available balance of funds in those appropriations to purchase live stock and equipment required for en- couraging industry and self-support among the Indians. I am further advised that while the statement shows an .unexpended balance of $32,147.01 from the appropriation of August 1, 1914, a part of that balance will be utilized in the settlement of claims for property purchased under authori- ties granted therefrom during the fiscal year 1915 which have not yet received administrative action. Respectfully, Feanklin K. Lane. INDIAN APPEOPEIATION BILT., 1911. Statement of expenditures for the fiscal year 1915 from the appropriation, dustry among Indians, 1915," act of Aug. 1, 1914 (38 Stat. L., 586). 115 ' In- Agency. State. Salaries Travel- and ing wages, expenses. Transpor- tation of supplies. 1 'enct'-'^o^ge. Live stock. Blaokleet Campo Cherokee Montana «25. 10 [ $74,930.57 750.00 3,168.60 3,850.00 19,320.00 2,370.00 75,000.00 1, 100. 00 21,560.00 28,762.50 19, 212. 86 1,690.00 23,969.60 California North Carolina Colorado River Arizona $3,292.87 90.30 47.85 $1,218.73 1,306.00 Flathead Fond du Lac Minnesota Fort Belknap Fort Bidwell California 566.69 1,290.48 751. 00 616.90 176.27 1 FortHaU $1,032.52 Fort Peck > Montana Fort Yuma $884. 76 730. 25 189.-68 342. 48 Hoopa Valley do Jioarilla 65.86 28.50 625.91 Kai'jab Leech Lake MlTiTiP-snta 2 825 no Luepp 232.58 187. 17 296. 46 1,226.61 Mescalero New Mexico 36.10 84.28 299.55 67,780.00 Moapa River 286.12 25.00 Moqui 121. 60 1,700.00 1,065.00 Nevada Nevada . . Pima Arizona 252. 88 Shawnee Oklahoma . 1,775.00 15, 800. 00 19,206.00 1,610.00 300 00 1,863.72 Sisseton South Dakota Tongue River MnntaTia. 114.68 707. 43 4, 075. 43 Wallrpr Rivpr 2,085.00 31, 901. 86 Warm Springs Oregon 1, 616. 00 1,965.80 247. 75 Total 6, 119. 99 619.98 12, 646. 61 1,594.94 6,917.66 421,706.87 Agency. 1 Imple- 1 ments, State. : harness, machin- ery, etc. Fence material. Building material. Seed, trees, and plants. Miscella- neous. Total. $74,965.67 $119,50 1,664.65 6,324.73 8,695.73 544. 10 869. 50 North Carolina $339. 36 1,147.88 2,541.99 6,072.60 $1,113.90 1,196.00 $7,884.21 23,922.62 Flathead 33,106.57 2,914.10 75,000.00 1,314.82 13,297.88 7, 445. 16 2,657.41 991. 60 666.72 419.93 3,562.93 223.44 11.60 6,824.11 5,4.54.20 499. 72 3,402.94 Fort Hall 630. 00 48, 197. 92 42,636.30 Fort Yuma nctlifnmin. 259. 14 24,661.02 do 2,946.45 New Mexico $24. 18 25,683.64 Kaibab 28.50 62. 45 488.67 52.45 3,313.67 232.58 Malki 1,750.00 1,760.00 New Mexico 86.14 674. 84 2,286.99 860.88 64.48 546.28 69, 334. 12 1,395.89 6,905.38 Nevada 1,065.00 Pala 1,680.16 1, 580. 16 2,042.86 2,384.60 4,680.24 656. 45 666. 45 Oklahoma 466.50 8,317.65 2,241.50 26,981.27 South Dakota 19.206.00 50.00 368.40 11.91 1,671.91 Tongue River Walker River Warm Springs White Earth 7,131.23 12,697.17 2,085.00 9, 357. .59 318. 69 3,324.94 i, 72.6. 50 248. 35 50,039.43 Minnesota 567.04 Total 67,021.78 13,696.28 15,904.58 22,791.12 24.18 567,8.52.99 116 INDIAN APPROPRIATION BILL, 1917. Statement of expenditures for the fiscal year 1915 from the appropriation, " In- dustry among Indians, 1915-16," act of Mar. 4, iS15 (38 Stat. L., ' Agency. State. Traveling expenses. Transpor- tation of supplies. Live stock. Imple- ments, harness, machin- ery, etc. Seed, trees, and plants. Miscel- laneous. Total. Montana do . ■S17. 00 24.80 S25,594.40 33,520.00 $25,611.40 33,544.80 7,680.56 1,671.00 61,466.83 1,100.00 1,922.03 310 00 Fort Belknap . . Fort Totten North Dakota. California . S7,680.56 Fort Yuma 1,500.00 61,346.00 1,100.00 $171.00 117.03 JicariUa New Mexico... Arizona . . 3.80 Kaibab Keshena Wisconsin 1,922.03 Moapa River Nevada . . 366.66 10.00 I $20. 00 Pima . do S67.91 615. 50 1,030.50 552.00 683 41 2,52,5.00 3,555.50 552 00 Pueblo New Mexico Shawnee Oklahoma 250.00 250 00 South Dakota. Montana Oregon . . 44.00 42.00 3,989.08 2,587.15 "'6.' 95" 4,033.08 10,744.79 1 177 80 Tongue Eiver . . Warm Springs. 1,346.61 4,791.08 1,971.00 1,177.80 Western Sho- 5,302.80 5,302.80 shone. White Earth... n86.30 Total. . . . 131.60 1,414.52 136,229.28 5,644.83 16,178.82 213.25 159,812.30 ' Wages. ' Fence material. The Chairman. I see that the provision beginning in line 14, " That hereafter the Secretary of the Interior shall submit to Con- gress annually on the first Monday in December a detailed report of all moneys appropriated for the purpose of encouraging industry among Indians," etc., is stricken out. This is the report you have submitted in these documents ? Mr. Mekitt. Yes, sir. That is permanent legislation because of the use of the word " hereafter," and therefore it is not necessary to include it any longer in this bill. The Chairman. These reports you have submitted are submitted in obedience to that section ? Mr. Meeitt. Yes, sir. The Chairman. I see that you have made a change in line 18. You proivide here that not to exceed $100,000 of the amount herein appropriated shall be expended on any one reservation or for the benefit of any one tribe of Indians instead of $75,000. Why do you raise that amount ? Mr. Mebitt. We feel that we can, to advantage, expend $100,000 on some reservations in the purchase of tribal horses and cattle. Cattle are very expensive at this time, and we can not buy a very large herd with $75,000. Therefore, we would like to have the limit increased to $100,000. The Chairman. That is on account of the great advance in the price of stock? Mr. Meritt. Yes, sir. The Chairman. Do you purchase horses and other animals under this same act ? Mr. Meritt. Yes, sir. The Chairman. Goats, sheep, and anything of that kind ? Mr. Meritt. Yes, sir. This language is broad enough to enable us to purchase horses, cattle, and stock INDIAN APPEOPKIATION BILL, 1917. 117 # The Chairman (interposing). Necessary for the Indians'? Mr. Meritt. Yes, sir. Mr. Carter. I notice in the statistical statement on the first page of the justification you report $421,706 as having been expended for live stock? Mr. Meritt. Yes, sir. Mr. Carter. That was for the fiscal year ending June 30, 1915 ? Mr. Meritt. Yes, sir. Mr. Carter. Does your report there which you have just submitted show in detail where and on what reservations these expenditures have been made and for what purpose ? Mr. Meritt. The reports we have submitted give that information. You will find that in the reports which have been included in the record. Mr. Carter. Now, I notice on page 8 of your justification that you set out that the sum of $99,783.23 has been expended for 1,800 heifers and 80 bulls on the Standing Rock Indian Reservation. Mr. Meritt. Yes, sir. Mr. Carter. How did you do that when the limitation made was $75,000 for any one reservation? Mr. Meritt. There was a specific appropriation for the purchase of $100,000 worth of stock for the Standing Rock Reservation. Mr. Carter. There was such a specific appropriation in the bill last year? Mr. Meritt. Yes, sir; and it was in compliance with that legisla- tion that we purchased those cattle. Mr. Norton. How was it that the amount expended for the pur- chase of the 1,800 heifers and 80 bulls for the Standing Rock Indian Reservation was taken out of the appropriation provided for under this item for the fiscal year 1915 ? Mr. Meritt. Those purchases were not made out of this specific appropriation we have here of $600,000, but they were made out of a specific appropriation for the Standing Rock Indians. You will notice on page 8 of the justification this statement : The following statement will show briefly how the two appropriations, one for Tongue River Reservation anrl one for Standing Rock Reservation, were utilized. We are simply giving a general resume of the stock purchased during last year. Mr. Norton. What was the unexpended balance of this item for the fiscal year ended June 30, 1915 ? Mr. Meritt. It was $32,147.01. The Chairman. Does that revert to the Treasury ? Mr. Meritt. Yes, sir; it reverts to the Treasury. I may add that this is an exceedingly important appropriation. We have allotted thousands of Indians on agricultural lands, and they are without funds to buy farming equipment or to purchase cattle, and if this appropriation is continued for a nimiber of years I believe we can eventually very materially reduce the gratuitous appropriations. We are gradually teaching the Indians that they must rely upon themselves, and that they can not much longer expect gratuities from the Government. This appropriation here will do as much as any 118 INDIAN APPROPRIATION BILL^ IW?. other 0116 thing we are doing for the Indians to bring them up to the point where they will be absolutely self-supporting. The Chairman. Last year was the first year that $600,000 was appropriated under this item? Mr. Meritt. Two years ago. Prior to that time we had an ap- propriation of $100,000. Mr. Norton. How has the distribution of live stock been made to the Indians ? Has it been made to them to be held as tribal stock or to be held by them as individuals ? Mr. Meritt. We buy the cattle as a tribal herd at first, and gradu- ally develop the Indians up to the point where they will take care of their own stock. That depends on how far advanced the Indians are. On some reservations it would be entirely impracticable to turn the stock over to the Indians as individuals, but on other reser- vations we hope soon to be able to divide the cattle and give them to the individual Indians. The Chairman. You have tribal brands, and when you buy a herd for a reservation you give them a tribal brand ? Mr. Meritt. Yes, sir. The Chairman. Suppose you want individual Indians to have this stock separately, would you give the individuals separate brands? Mr. Meritt. Yes, sir. The Chairman. Do you have any trouble on account of the In- dians eating, destroying, or selling tribal property ? Mr. Meritt. Yes, sir; we have to watch the tribal herds very closely on some reservations. The Chairman. What do you do with them when they steal prop- erty of that kind? Mr. Meritt. We punish them by having them prosecuted. The Chairman. Under the State laws or Federal laws ? Mr. Meritt. Under both. The Chairman. The United States attorney of the district where the reservation is situated would have the prosecution in charge? Mr. Meritt. Yes, sir. The Chairman. Or the State prosecuting officer, if the prosecution were under the State law ? Mr. Meritt. In some States where they are citizen Indians we would have them prosecuted in the State courts, but where they are noncitizen Indians we would have them prosecuted in the Federal courts. The Chairman. Do you have any trouble in getting convictions along that line? Mr. Meritt. No, sir. Of course Indians are not prone to testify against other Indians, but we usually have no trouble in convicting an Indian who persists in stealing cattle. The Chairman. Do you think it would be best for the Indians to identify the cattle and to give them. a separate brand as fast as possible ? Mr. Meritt. I think that would be desirable where the Indians are competent to take care of the cattle, Some Indians, though, if they had cattle turned over to them, would go off to dances and visits and allow their cattle to die for want of attention; especially in the exceedingly far northern climates, where they must have at- tention all the time during the winter months. INDIAN APPROPRIATION BILL, 1917. HQ . The Chairman. What do you find the disposition of the Indian to be relative to taking care of the stock, as a general thing? Do they take care of the stock like a white person « s " Mr. Mekitt. There has been a wonderful improvement in the last few years along that line. We have some Indians who have grown wealthy in stock raising, and they have acquired this money bf their own efforts, and the other Indians are beginning to look upon those Indians as examples, and they can see what can be done if they go about it in the right way. The Chairman. The cattle you have put on the reservation belong to the whole tribe of Indians— have been there, some of them, two or three years? Mt. Meritt. Yes, sir. S^®£^^™*^^^' "^^^ *^^y increasing in value and numbers? Mr. Meritt. les, sir; they are making a splendid showing. The Chairman. Do you use the Indians as cowboys or herders to take care of the stock? Mr. Meritt. Yes, sir ; in some cases, but we usually have an expert stockman to supervise the work of the Indians. The Chairman. He has charge of the men who control the stock ; m other words, the cowboys? Mr. Meritt. Yes, sir. Mr. Carter. Mr. Meritt, I notice you want this money to be imme- diately available? Mr. Meritt.' Yes, sir; we would like to have it available just as quickly as we can so as to be able to buy some of the cattle in the spring, if the Indian appropriation bill passes by then. Mr. Carter. How long have you had these appropriations from which you have been buying stock? Mr. Meritt. We have had the appropriations for the last two years in the sum of $600,000. Mr. Carter. Did you buy any stock before that time? Mr. Meritt. We bought stock out of tribal funds and there were some small appropriations made for industrial purposes and we also bought stock on the Tongue Eiver Reservation, I believe. Mr. Carter. On how many reservations have you bought stock out of tribal funds ? Mr. Meritt. On quite a number of reservations. It would be neces- sary for me to get a table from the office to answer that question. Mr. Carter. I wish you would put in the record a table showing how many reservations have stock purchased from tribal funds; the amount of stock, and the cost of them. Mr. Meritt. Covering a period of how long, Mr. Carter ? Mr. Carter. When did the appropriation begin? Mr. Meritt. These appropriations began two years ago. Mr. Carter. I mean when did you begin using the tribal funds ? Mr. Meritt. For several years, off and on, we have been using the tribal funds. Mr. Carter. I would like to know, Mr. Meritt, all the tribal herds you have in existence at the present time. Mr. Meritt. And out of what appropriations they were purchased ? Mr. Carter. Yes ; as near as you can give it. 120 INDIAN APPEOPEIATION BILL, 1917. Mr. Meritt. The following statement contains the information requested : Statement of tribal stock andfwnds from which ■purchased. Stock. Tribe. Mares. Stallions. Cattle Sheep. Mules. Fund. 1 S 12; •6 ■3 > a; 1 1 i 1 1 i B Blackfeet U $23,131.00 Blackfeet Peservfl- Do 1,958 $116,584.00 tion 4 per cent fund- Industry among Indians, 1915; in- dustry. . ^ ataong Indians, l-91fr-16; Blackfeet 1-eser- vation 4 per cent fund. Cheyenne River 8 6,550.00 4 $2,200 9,053 544,270.00 Sioux. 1,000 20,000.00 ceded lands. Fort Belknap... 1,979 481 114, 470, 00 31,860.00 tion. Industry among Indians, 1915, $75,000; balance industry among Indians, 1915-16. Fulfllling treaties with Fort Hall Indians, $20,100; interest on Sho- shone and Ban- nock fund, $5,200; interest on Sho- shone and Ban- nock fund, $2,700. Industry among Indians, 1915. Fort Hall Jicarilla 6,796 $31,490.00 Lower Brule 516 1,263 69 17 130 2,106 30,960.00 65, 130. 50 6,625.00 1,300.00 13,000.00 105,330.00 Mescalero 125 1,790.00 2 1400 Brule Reserva- tion. Industry among Indians, 1915. Partly from indus- try among In- dians, reimburs- able. Indian moneys proceeds of labor and Chippewas in Minnesota fund. Proceeds of Rose- bud ■ eservation, S. Dak. Indian moneys proceeds of labor. Industry among Indians, 1915. Indian moneys proceeds of labor. Unknown. Sioux fund Tongue I iver annuity. Indian moneys proceeds otlabpr. Confederated Bands of Utes 4 per cent fund. Indian moiieys proceeds of labor. Industry among Indians, 1915. Pine Ridge Red Lake 43 259. 90 Rosebud 19 42 14 9,500.00 12,600.00 6,230.43 San Carlos Shoshone Do 3,561 156,330.00 Spokane 1350 3,000.00 Tongue River . . 500 826 1,500 8 365 30,000.00 ,31,976.00 90,000.00 600.00 19,345.00 Truxton Canon. 1102 22 6,324.00 5,500.00 tJ to Mountain.. Walker River... Warm Springs.. 3 375.00 Total i 2,200 1,629 95,000.43 24, 332 J,, 357, 780. 60 6,839 31,749.90i 2 1 400 I Horses. INDIAN APPKOPKIATION BILL, im. 121 Mr. Carter. I notice a proviso here, as follows : Provided, That said sum shall be expended under conditions to be prescribed by the Secretary of the Interior for its repayment to the United States on or before June 30, 1925. That makes it a reimbursable, revolving appropriation. Mr. Meritt. Yes, sir. Mr. Carter. Has any of that money been turned back into the Treasury ? Mr. Meritt. Yes, sir. Mr. Carter. Do you know how much ? Mr. Meritt. On the Tongue River Reservation, which was one of the first appropriations, practically the entire appropriation has been returned. Mr. Carter. Will you put in a table showing exactly how much has been returned? Mr. Meritt. The following statement shows the reimbursements of this appropriation: Use of reiml)ursaUe money, Tongue River Reservation, Mont. Act Apr. 4, 1910 (36 Stat. L., 269-277) $15,000.00 Expended to June 30, 1915, for implements, etc. (including original appropriation and money repaid by Indians) 38, 768. 64 Repaid to June 30, 1915 21,031.48 Act Aug. 1, 1914 (38 Stat. L., 582-594), for part payment for 472 heifers 22, 525. 00 Act Mar. 4, 1915 (38 Stat. L., 1228), for part payment of 472 heifers above 3, 331. 16 25, 856. 16 Repayments from last two funds None. Mr. Carter. I notice from your report that you spent $74,930 for the purchase of stock on the Blackf eet Reservation. Mr. Meritt. Yes, sir. Mr. Carter. How many Blackfeet Indians are interested in that herd? Mr. Meritt. They all have an interest in it because it is a tribal herd. Mr. Carter. All on that reservation? Mr. Meritt. Yes, sir. Mr. Carter. How many are there ? Mr. Meritt. There are 2,700 Indians on the Blackfeet Reservation, Mr. Carter. I notice you have expended $3,168 for the Cherokees iu North Carolina. How many Cherokees are there ? Mr. Meritt. There are about 2,100 Cherokees. Mr. Carter. How many cattle were purchased for them? Mr. Meritt. We do not use this appropriation exclusively for cattle. Mr. Carter. I understand, but were any cattle purchased for them? Mr. Meritt. I think a very small number of cattle were purchased for the Cherokees. . /-.to Mr. Carter. Have the Cherokees a reservation m North Carolina ? Mr. Meritt. Yes, sir; they have land known as a reservation. Thev have a different title to their land, however, from the western 122 INDIAN APPROPKIATION BILL^ 191'?. reservations, because they purchased part of their land out of tribal funds. Mr. Caetee. Then, I notice, on the Colorado Eiver, Ariz., you have expended $3,850. For what Indians was that amount expended ? Mr. Meeitt. We have advanced that money to individual Indians for individual purposes, and require them to reimburse the Govern- ment. Mr. Cartee. What Indians were they — what tribe ? Mr. Meeitt. There are two tribes on that reservation — the Mojave and Chemeheuvi. Mr. Carter. Those are not tribal herds? Mr. Meeeitt. No, sir. Mr. Caetee. I notice you have expended $19,320 for live stock on the Flathead Reservation in Montana. How many of these Indians are there? Mr. Meeitt. There are about 2,200 Indians on the Flathead Ees- ervation. On the Flathead Reservation, I think, we have used that money for some individual Indians, rather than as a tribal matter. Mr. Carter. That was not for a tribal herd ? Mr. Meeitt. No, sir. Mr. Carter. I notice, at Fort Belknap, you have spent $75,000? Mr. Meeitt. We bought a tribal herd there. Mr. Caetee. For what Indians? Mr. Meeitt. For the Fort Belknap Indians. There are two tribes^ the Assiniboines and the Gros Ventres. The herd was for both tribes. Mr. Caetee. How many of them are there? Mr. Meeitt. There are about 600 in each tribe. Mr. Carter. Will you put in the record, along with each one of these reservations, how many cattle you bought for each place? Mr. Meeitt. Yes, sir. Mr. Caetee. At Fort Peck, give me the same information. Mr. Meeitt. At the Fort Peck Reservation we have 1,908 Indians. Mr. Carter. What tribe ? Mr. Meritt. There is only one tribe of Indians on that reserva- tion, and they are the Fort Peck Sioux. We have used that money very largely for individual Indians, advancing money to them to help them on their allotments. Mr. Caetee. At Fort Yuma, Cal., you have spent $28,762. Mr. Meritt. Yes, sir. Mr. Carter. Without running through all these items, Mr. Merritt, may we depend on you to give us the information about each one of them? Mr. Meeitt. The following statement gives the information re- quested : INDIAN APPKOPEIATION BILL, 1917. 123 "^ S s 8 ■3' 9 CO ■3 £1 I I* oo 00 CQ Si ■a > 3 ® M I--00b- PM « Ol -* OO CO ^«o -*00 CCCC ■*rH did aw M " -1.- s 5 « a » ■a :^9 ft "S 1 :aa 03.3 O ■s|i|| •i So •|^°a o o INDIAN APPKOPKIATION BILL, 1917. 125 ^ fl g ft n^ s ^^ -"^f^ wO« coE-iai 20527—16 9 126 INDIAN AI'l'ltOl'KIATION BILL, lUlT. m o B ->) P Ai O el «. g I" S t3 i i ft CQ 1 s i is 1 CQ 1 8 15 M CM 1 03 ?5 m 1 > 8 g u tH 3 6.- s t- 3 o 1- o 1 1 1 > CO CO is CO Ol -^ tH O TP >0 (M i-HOi-l lO t- ^ -tf 00 W t* 01.-HO CO r-< 00 ^ CM rp 7 c 1 IS 1 'IT .a o 's §3 3 §1 1 § a o p. a Ijs^dian appropriation bill, lOll. 127 Mr. Norton. Outside of the items you have just gone over, there was purchased last year for the Tongue River Reservation 472 heifers at a cost of $22,525, and 1,800 heifers on the Standing Rock Indian Reservation at a cost of $99,783.23. Mr. Meeitt. Yes, sir. Mr. Norton. They were purchased out of special appropriations? Mr. IMeritt. Yes, sir. The Chairman. The next item is as follows : That not to exceed ^200,000 of applicable appropriations made herein for the Bureau of Indian Affairs sliaU be available for the maintenance, repair and operation of motor-propelled and horse-drawn passt-nger-carrjing vehicles for the use of superintendents, farmers, physicians, field matrons, allotting irri- gation, and other employees in the Indian field service : Provided, That not to exceed $15,000 may be used in the purchase of horse-drawn passenger-carrying vehicles, and not to exceed $20,000 for the purchase of motor-propelled passenger- carrying vehicles, and that such vehicles shall be used only for official service. I take it that the words " other employees," would cover everybody and would apply to any place where you could use motor propelled or liorse drawn ^'ehicles. Mr. Meeitt. Yes, sir. The Chaieman. That is an omnibus provision, then? Mr. Meeitt. Yes. I offer the following justification for this item : Congress, In the legislative, executive, and judicial act for the fiscal vear end- ing June 30, 1915, provided that after the close of the fiscal year 1915 there shall not be expended any sum for purchase, maintenance, repair, or opera- tion of motor-propelled or horse-drawn passenger-carrying vehicles, unless same is specifically authorized by law. As shown by Senate Document 461, Sixty-third Congress, second session, the Indian Service has 118 automobiles, at a total cost of $113,978.71, and at an average cost of $965.92. We also have 739 horse-drawn passenger-carrying vehicles at a total cost of $77,638.18, and at an average cost of .$126.44. These passenger-carrying vehicles include hacks, spring wagons, buggies, wagons, surreys, road carts, wagonettes, and the like. This item does not increase the appropriation for the Indian Service but, if allowed, merely permits the expenditure of $200,000 out of the total appropri- ation for the purchase, maintenance, repair, and operation of motor-i)ropelled and horse-drawn passenger-carrying vehicles, the latter items including, accord- ing to the Comptroller of the Treasury, the purchase of gasoline or repair parts for the automobiles, forage for the horses, repairs to the buggies and harness, etc. Many of these vehicles are old and practically worthless and, in view of the condition of the roads on the reservations and the long distances which must be traveled, many of them must be replaced in order to permit the em- ployees (doctors, field matrons, superintendents, fanners, and others) to visit the Indians, ascertain their condition and needs. No new automobiles or passenger-carrying vehicles have been purchased during 1915 or 1916 because of this legislation, and many of the machines on hand were purchased as early as 1909 and 1910. These machines were of the heavy type, and the cost of repairs and operation is greater than in the smaller and lighter cars, and where they have been run from 30,000 to 50,000 miles it becomes an expensive proposition to operate and continue to use them. It is far more economical to purchase the lighter cars at a low price, where the repair bills are small and the mileage is much greater. In instances, super- intendents can not cover their territories for the reason that the machines on hand are worthless and the office does not consider it good business to expend large amounts for repair and overhauling where that sum would purchase a new machine. Likewise, at some places superintendents do not have machines at all, and where the distances are great much time and money is saved by providing these officials with a cheap and quick mode of transportation. The Chaieman. What do you mean by the term "applicable appropriations"? What appropriations are applicable for this item? 128 INDIAN APPROPRIATION BILL, 1911. Mr. Meritt. The support items for the agencies and schools would be available for the purchase of necessary vehicles for carry- ing on the business of the agency or school were it not for the legislation enacted in the act of June 30, 1915, contained in the legislative, executive, and judicial act, which prohibited the ex- penditure of any fund for passenger-carrying vehicles without spe- cific authority of law. Mr. Carter. Mr. Meritt, please read that provision for the record. Mr. Meritt. This law is found in 38 Statutes at Large, page 508, section 5, as follows: No appropriation made in this or any other act shall be available for the purchase of any motor-propelled or horse-drawn passenger-carrying vehicle for the service of any of the executive departments or other Government estab- lishments or any branch of the Government service unless specific authority is givn therefor, and after the close of the fiscal year 1915 there shall not be expended out of any appropriation made by Congress any sum for purchase, maintenance, repair, or operation of motor-propelled or horse-dravs^n passengerr carrying vehicles for any branch of the public sevice of the United States unless the same is specifically authorized by law ; and in the estimates for the fiscal year 1916 and subsequent fiscal years there shall be submitted in detail estimates for such necessary appropriations as are intended to be used for purchase, maintenance, repair, or operation of all motor-propelled or horse- drawn passenger-carrying vehicles, specifying the sums required, the public purposes for which said vehicles are intended, and the officials or employees by whom the same are to be used. The Chairman. Then that is the necessity for this additional legislation ? Mr. Meritt. Yes, sir. That act was approved July 16, 1915. The Chairman. Can you give us a statement showing the number and the different kinds of vehicles now in the service ? Mr. Meritt. We submitted such a report to Congress which is found in Senate Document 461, Sixty-third Congress, second session. You will note, Mr. Chairman, we are not asking for a specific appro- priation for this purpose but simply that we might use money out of other available appropriations not to exceed $200,000 for this purpose. The Chairman. Then this will not increase the amount of the bill? Mr. Meritt. No, sir. On these large reservations, some of them covering an area as large as some of the New England States, it is absolutely important that we have conveyances to get over the reservation if the superintendent and other employees are to do their work properly. Mr. Carter. Mr. Meritt, you had a somewhat similar provision to this in the Indian appropriation bill which failed last year, did you not? ' ■' Mr. Meritt. Yes, sir. Mr. Carter. How have you managed to get along since that time without the purchase of these vehicles? Mr. Meritt. We have been compelled to get along with the old vehicles we had, and we have some automobiles the upkeep of which m a few years would pay for a new machine. We are very much handicapped. cfonn^Annt'^™^" ^°^ ^^^^^ Vehicles do you propose to buy with this I? 200,000 ? INDIAN APPROPRIATION BILL, 1917. 129 Mr Meeitt. Not to exceed $15,000 mav be used in the purchase of horse-drawn passenger-carrying vehicles, and not to exceed $20,000 may be used for the purchase of motor-propelled passenger-carrying vehicles, and such vehicles must be used for oiScial service. We will be hmited by the appropriation, and it will be our purpose and our mtent to purchase only the low-priced machine. Mr. Caetek. That would allow you only $35,000 for the purchase of machines? Mr. Meeitt. Yes, sir; $20,000 for the purchase of machines and $15,000 for the purchase of other vehicles. Mr. Caetee. $35,000 altogether for the purchase of vehicles. Mr. Meeitt. Yes, sir. Mr. Carter. What do you propose to do with the other $165,000 ? Mr. Meeitt. Maintain the machines and the horses and repair the equipment we have. Mr. Carter. How have you maintained those machines during the present fiscal year? Mr. Meritt. Out of general appropriations. The Chairman. Out of what appropriation? Mr. Meritt. Out of the general appropriations applicable. Mr. Carter. Then you can maintain these machines without a specific appropriation? Mr. Meritt. No, sir. If this legislation is enacted, we will re- quire specific authority to do that, under the law I have just read. Mr. Carter. But that law has already been enacted and you have been operating under it for the last 12 months. Mr. Meritt. Yes, sir. Mr. Carter. And under that law you did use certain funds for the maintenance, repair, and operation of vehicles? Mr. Meritt. Yes, sir; but the joint resolution that extended the old appropriation also provided for the maintenance of passenger- carrying vehicles. The Chairman. You did that under that clause of the joint reso- lution ? Mr.. Meritt. Yes, sir. Mr. Carter. That is the bill we have before us now and the one you operated under last year ? Mr. Meritt. Yes, sir; as extended by the joint resolution. Mr. Carter. Did the joint resolution specifically set out that these vehicles might be maintained? Mr. Meritt. Yes, sir. The Chairman. The next item is as follows: That so much of section four of the act of Blay eleventh, eighteen hundred and eighty (Twenty-fir.st Statutes at Large, page one hundred and thirty-two), as prohibits granting permission in writing or otherwise to any Indian or Indians on any Indian reservation to go into the State of Texas, under any pretext whatever, be, and the same is hereby, repealed. Mr. Meeitt. We offer the following justification for this legisla- tion, Mr. Chairman : [Repeal In part of sec. 4, act of May 11, 1880 (21 Stat. L., 132), permitting Indians to , go into tlie State of Texas.] That portion of the act of May 11, 1880. which prohibits the granting of per- mission, in writing or otherwise, to any Indian or Indians on any Indian reserva- tion to go into the State of Texas has long since outlived its usefulness and should 130 INDIAN APPROPKIATION BILL, 1&1'7. be repealed. There is no reason at the present time why the Indians should be restricted from going Into that State. The Chairman. The next item is as follows: That section two of the act approved March second, nineteen hundred and seven (Thirty-fourth Statutes at Large, page twelve hundred and twenty-one) entitled "An act providing for the allotment and distribution of Indian tribal funds," be, and the same is hereby, amended so as to read as follows: " That the pro rata share of any Indian who is mentally or physically mcapable of managing his or her own affairs may be withdrawn from the Treasury m the discretion of the Secretary of the Interior and expended for the benefit of such Indian under such rules, regulations, and conditions as the said Secretary may prescribe." Mr. Meritt. We offer the following justification for this proposed legislation, Mr. Chairman: Amending section 2 of the act approved March 2, 1907 (34 Stats. L., 1221), to read as follows: . ^ „ ,. . „ " Sec. 2. That the pro rata share of any Indian who is mentally, physically, or otherwise incapable of managing his or her own afCairs may pe withdrawn from the Treasury, in the discretion of the Secretary of the Interior, and ex- pended for the benefit of such Indian under such rules, regulations, and conditions as the said Secretary may prescribe." The present act reads in full as follows : "That the Secretary of the Interior is hereby authorized, in his discretion, from time to time, to designate any individual Indian belonging to any tribe or tribes whom he may deem to be capable of managing his or her affairs, and he may cause to be apportioned and allotted to any such Indian his or her pro rata share of any tribal or trust funds on deposit in the Treasury of the United States to the credit of the tribe or tribes of which said Indian is a member, and the amount so apportioned and allotted shall be placed to the credit of such Indian upon the books of the Treasury, and the same shall thereupon be subject to the order of such Indian: Provided, That no apportionment or allotment shall be made to any Indian until such Indian has first made an application therefor. * * * " Sec. 2. That the Secretary of the Inferior is hereby authorized to pay any Indian who is blind, crippled, decrepit, or helpless from old age, disease, or acci- dent his or her share, or any portion thereof, of the tribal trust funds in the United States Treasury belonging to the tribe of which such Indian is a member and of any other money which may hereafter be placed in the Treasury for the credit of such tribe and susceptible of division among its members under such rules, regulations, and conditions as he may prescribe." The question of amending the above section 2 was presented last year with the following justification, which covers the situation at the present time unaltered from that of the past. The large majority of Indians belonging to tribes who have tribal. funds in the Treasury susceptible of division pro rata among the members of said tribes do not come within the requirements of section 1 or section 2 of the act of March 2, 1907, supra. Under the present law an Indian to be entitled to receive his or her trust funds under the above act, section 1, must be competent, or under section 2 of the act the applicant must be either blind, crippled, decrepit, or helpless from old age, disease, or accident. Hence the only Indians who can receive trust funds must be capable of managing their own affairs or unable to contribute to their own support. In order to show the application of the present law, we will take three hypo- thetical cases. First, take Indian "A," who has a pro rata share of trust funds in the Treasury. He is a capable man, intelligent, and self-supporting, for the reason that he knows how to apply his talents and has manifested his competency by the wise use of all privileges extended to him. There can be no doubt as to the advisability of withdrawing his share of the tribal funds under section 1 of the act and turning it over to him for his unrestricted use. Second, take Indian " B," who has a pro rata share of trust funds in the 1'reasury. He is 65 years of age, decrepit, and unable to contribute to his sup- port on account of his physical as well as mental condition. There is no ques- tion as to the advisability or justness of withdrawing his share of the funds INDIAN APPEOPEIATION BILL, 1917. 131 Tinder section 2 and depositing it to his credit for expenditure for Iiis benefit under the supervision of the superintendent. Now, take Indian " " who also }^L^. P^? -,^-?-^*? ^^^® "' *'""^* *"'^*^s 'n the Treasury (ranging in 'value from $100 to $1,100). He IS a robust man, 35 years of age, in the prime of life, but who has not acquired the necessary mental training to enable him to make himself an opportunity to become self-supporting and does not know the value of money. He has an allotment of 160 acres of valuable farming or grazing land. This, with the exception of his share of tribal funds in the Treasury, comprises his only asset. He has no house on his land or equipment with which to cultivate same, and no funds with which to purchase stock to give him a start in self-support. He is therefore forced to remain idle, though he is willing and for the most part eager to work if opportunity presents, but, generally speaking, there is no available work on an Indian reservation ; hence, in the absence of an opportunity, the Government is probably compelled to issue rations to him to prevent suffering. Under the existing law the Indian Office is powerless to provide a means of permitting this class of Indians to avail themselves of the use of their trust funds. If, however, the law is amended as set out above, shares could be withdrawn from the Treasury and expended under supervision in procuring the necessary implements and stock with which the Indian could improve his allotment and also erect dwelling houses, barns, etc. ; in other words, will permit the use of the man's cash capital in the development of his plant resources to the point where production is reached and self-support attained. This is an important item of legislation, because under the existing law there is a certain class of able-bodied but noncompetent Indians who can not withdraw their share of the tribal funds from the Treas- ury, and this is to enable those Indians who are able-bodied but non- competent to get their share of the funds so they can use those funds for industrial betterment. The legislation is important, and we very much desire it, and it will be very helpful to the Indians. Mr. NoETON. It occurs to me that is a very good provision and one that should be enacted into law. Mr. Meeitt. We have asked for that legislation for two or three years now. Mr. Caetee. You have that legislation for the Five Civilized Tribes now, have you not? Mr. Meritt. No, sir ; we can not pay out tribal funds of the Five Civilized Tribes without specific appropriation by Congress. The Chairman. I introduced a bill last year to this effect. Mr. Meritt. Yes, sir. It is exceedingly desirable legislation. (The committee thereupon adjourned until Tuesday, December 21, 1915, at 11 o'clock a. m.) House or Representatives, Subcommittee or the Committee on Indian Affairs, Tuesday, December 21, 1915. The subcommittee met at 11 o'clock a. m., Hon. John H. Stephens (chairman) presiding. There were also present Mr. Carter, Mr. Campbell, and Mr. Norton. STATEMENT OF MR. E. B. MERITT— Resumed. The Chairman. The next item is as follows : That section five of the act approved June twenty-fifth, nineteen huiTdred and ten (Thirty-sixth Statutes at Large, page eight hundred and fifty-seven), be, and the same is hereby, amended so as to read : That it shall be unlawful for any person to induce any Indian to execute any contract, deed, mortgage, lease, or other instrument touching land held under a trust or other patent containing restrictions on alienaion, or to procure the 132 INDIAN APPROPRIATION BILL, IQVl. execution by any Indian of any such instrument, or to be a party with any ■ Indian to any such contract, deed, mortgage, lease, or other instrument, or to offer any such contract, deed, mortgage, lease, or other instrument as aforesaid for record ; and any person violating this provision shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $500 for the first offense, and if convicted for a second offense may be punished by a fine not exceeding $500, or imprisonment not exceeding one year, or by both such fine and imprisonment in the discretion of the court: Provided, That this section shall not apply to any contract, deed, mortgage, lease, or other instru- ment authorized by law to be made. Any Indian or his heirs in the possession of any live stock, their increase, or any other personal property issued by the United States or purchased with trust funds and held in trust by the United States, may lawfully sell, transfer, mortgage, or otherwise dispose of such property only with the consent in writing of the United States Indian agent or superintendent having jurisdiction over such property and not otherwise. Any person who shall induce any Indian to sell, transfer, mortgage, or other- wise dispose of, or shall procure the sale, transfer, mortgage, or other disposal by any Indian, or shall be a party with any Indian to the sale, transfer, mort- gage, or other disposal of any such personal property in violation of the fore- going provision, or who shall knowingly offer for record any instrument evidenc- ing any prohibited or unlawful sale, transfer, mortgage, or other disposal of any such personal property, or who shall knowingly take or receive possession of any such personal property in pursuance to any such prohibited or unlawful .sale, transfer, mortgage, or other transaction, shall be deemed guilty of a misde- meanor, and shall upon conviction be punished by a fine not exceeding $500, or imprisoned not exceeding one year, or by both such fine and imprisonment. Any sale, transfer, mortgage, or other disposal in violation of this provision, of any property so issued and held shall be absolutely void, and title to the property involved in such void transaction shall revert to the United States, and the property may be taken possession of by the United States Indian agent or superintendent having jurisdiction over the property. Any Indian or other person having tribal rights who shall induce any person to enter into any such contract, deed, mortgage, lease, sale, transfer, or other agreement or transaction prohibited and declared to be unlawful by the above provisions, shall be deemed guilty of a misdemeanor, and shall upon conviction be punished by a fine not exceeding $500, or imprisonment not exceeding one year, or by both^uch fine and imprisonment : Provided further, That any United States Indian agent, superintendent, or employee that shall in any manner connive or conspire to secure, or assist in securing, the making of such prohibited contract shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $1,000, or shall be Imprisoned not exceeding one year, or by both such fine and imprisonment. Have you any justification for this item? Mr. Meritt. Mr. Chairman, we offer the following justification for this item: The law as it now stands makes it unlawful for any person to induce an Indian to execute any contract purporting to convey any land or interest therein held in trust by the United States, or to offer such contract for record, and imposes a penalty for violation of the law This law should be broadened so as to include personal property issued to Indians by the United States, or property purchased with trust funds, and the penalty of the law should fall upon the Indian as well as the other party. Cases are of record in which an Indian allottee, or the heirs of an allottee, have induced ignorant persons to part with money or other property of value In exchange for a mortgage or deed on an allotment held in trust when the allottee or the heirs, as the case might be, knew at the time that the instrument was of no value, and that nothing could be recovered under it. The Indians as SI rule are sufficiently advanced to know that they should not engage in such fraudulent transactions, and they should be made to pay the penalty when they knowingly defraud others by their misrepresentations with respect to property held in trust. There is also need for a law regulating the disposal of stock and other personal property issued to Indians by the United States, or purchased for them with trust funds. Large sums of money are annually spent by the Government in the education of Indians and in equipping them with goodsi INDIAN APPKOPEIATION BILL, 1017. 133 supplies, and live stock that they may engage in agricultural pursuits and eventually attain self-support, but the Government has found it impracticable to prevent the Indians from disposing of this property among themselves. Very often unscrupulous white men will purchase personal property of this class from an Indian for an insufficient sum, or will loan money and take a chattel mortgage on the property, and then take the property in possession for failure on the part of the Indian to pay the mortgage when due. This neces- sitates action by the Department of Justice to recover the property, and its efforts have not always been successful, as the mortgagees have at times dis- posed of the property and they themselves are financially irresponsible. Experience Indicates that some per.wns make a practice of acquiring this class of property from Indians, probably realizing sufficient from the transac- tions which are not discovered by the Government officials to more than offset the cases which are discovered and in which the property is reclaimed. If it were a misdemeanor for both the Indian and white man to engage in transac- tions of this kind, and an example were made in a few cases of the guilty person, the time would soon come when these fraudulent dealings would cease almost entirely. To be exact I will read the section of the law, section 5 of the act of June 25, 1910, found in 36 Statutes, page 857, which reads as follows : That it shall be unlawful for any person to induce any Indian to execute any contract, deed, mortgage, or other instrument purporting to convey any land The Chairman (interposing). I notice here that the word "lease" is inserted. Mr. Mekitt. Yes, sir. [Continuing:] Or any interest therein held by tlie United States in trust for such Indian, or to offer any such contract, deed, mortgage, or other instrument for record m the office of any recorder of deeds. Any person violating this provision shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding ?500 for the first offense, and if convicted for a second offense may be punished by a fine not exceeding $500, or imprisonment not exceeding one year, or bv both such fine and imprisonment, m the discretion of the court : Provided, That this section shall not apply to any lease or other contract authorized by law to be made. The Chairman. Is that all you wish to offer for the record at MrMEMTT. I will say in addition we deem this exceedingly important legislation and is very much needed by the bureau to adequately protect the property of Indians, especially m view of the fact^ we are now issuing to Indians property from Reimbursable funds, known as trust property; and under e^^^t^^fJ^^f^^^f^^Yof able to prevent, in certain cases, Indians from being defrauded ot their property. It is very important that we procure the enactment of this legislation at this session of Congress. ,.„^^^^^^ Kp+wppti The Chairman. Can you state succinctly the difference between thJlaw as tt now stands,lhich you read from th^f ^^^^3^*- ^^^^^^^^^^ the law you propose by this amendment? What is the distinct MrMERiTT. As the law now stands, section 5 of the act of June '\l?&HT.M?Aryr m,t to apply to personalty • Mr to™ We bone to broaden the act so it will apply not only 134 INDIAN APPROPRIATION BILL, 1917. of this trust property and get and' spend the proceeds, and after they have expended the proceeds they ask the Indian Bureau to_ bring a suit to recover, the property that they have disposed of unjustly, and it is for the purpose of not only protecting the property in the hands of the Indians but to punish those who are guilty of this practice. Mr. Norton. Is there not in existence a law for the punishment of wards of the Government selling property held by them in trust? Mr. JVIeeitt. There is no Federal statute on the subject. Mr. Norton. So the only punishment that could be brought upon them under existing law and regulations of the Interior Department is simply such as might be brought against them under the police regulations of the agency? Mr. ]\Ieritt. Yes, sir. The Chairman. The next item is as follows : That the Commissioner of Indian Affairs is hereby authorized to investigate claims and negotiate agreements with any tribes or bands of Indians for the final adjudication and settlement of all claims and demands of such tribes or bands against the United States, arising under any law, treaty, or agreement, and which have not heretofore been adjudicated ; and the Secretary of the Interior shall report the result of such negotiations to Congress for its approval at the earliest practicable date, and there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $25,000 for all expenses in connection with this work, including pay of necessary additional employees. What justification have you for this item? Mr. Meritt. Mr. Chairman, we offer the following justification: JIany of the tribes or bands of Indians assert claims against the United States for alleged failure to comply with treaty stipulations and for alleged misappropriation of their funds. These claims are being constantly brought to the attention of the department, both by the Indians interested and by requests for reports on bills providing for the submission of the claim of some particular tribe or band to the Court of Claims for adjudication. Many bills having in view the settlement of the claim of a particular band or tribe are introduced in the Congress year after year but few have passed. Some of the claims of these Indian bands or tribes appear to possess merit. One great difficulty experienced in connection with these matters is that many of the claims are rather vague, and the tribes or bands have but few members who are sufficiently qualified to prepare and present the claims in an intelligent manner. The department is constantly receiving applications from attorneys to negotiate contracts with Indian tribes to prosecue the claims. If the Indians believe that they have valid claims against the Government, It would be no more than just that the claims be heard and adjudicated. The constant agitation of these matters is a hindrance to the proper administration and final settlement of Indian Affairs and an obstacle to the maintainance of the cordial relations which should exist between the Government and the Indians and which are so necessary to obtain the greatest! good from the expenditure of moneys for their benefit which are appropriated from year to year. These Indian tribes should not be required to expend their moneys in the payment of attorneys to formulate and prosecute claims against the Govern- ment. The most equitable arrangement would seem for the Government to establish a commission to investigate these various matters, prepare reports setting forth the claims in an intelligent manner, and present for the con- sideration of the Congress facts on which an adjudication could be made and the matters disposed of for all time. The Chairman. What suggestions have you to offer in addition to those contained in your justification with reference to this item? Mr. Meritt. If this legislation is enacted it is the purpose of the office to have experienced men who have extensive knowledge of Indian matters to look into the claims of the Indians and submit INDIAN APPEOPEIATION BILL, 1917. 135 a full report so that the office and the Congress may be advised, and then Congress can take whatever action it may deem proper on the claims of these tribes. Mr. Campbell. Briefly, what is the foundation generally for these claims? Mr. Meritt. Some of the Indian tribes claim that in the past the Government has entered into treaties with them and those treaties have not been carried out; for example, some claim that they are entitled to compensation for land ceded to the Government. The Chairman. Let me suggest that we are paying out $10,000 to a commission without any specific things for them to do. Suppose we turn over this work to the Board of Indian Commissioners and add it to the duties they already have, and let them report to you as indicated here. That would not cost anything additional because we have those men already, and why not give them something prac- tical to do. What would you say about that suggestion? Mr. Meritt. We would be glad to have reports on these claims so that we could take proper action. The Chairman. I believe you stated yesterday that that commis- sion was needed and that they are men who are competent to per- form duties such as this one, and as the commission has already been established by law we could add this as an additional duty without appointing or establishing another bureau. I do not think it is advisable to create new bureaus in any of the departments. Mr. Meritt. It is not our intention to create a new bureau. This is simply for the purpose of utilizing the services of men now employed. For example, if this item should be enacted into law 1 am quite sure one of the men on this commission would be Maj. McLaughlin. * The Chairman. But you ask for $25,000 additional for this specific purpose. Mr. Meritt. Yes, sir; that is for the purpose of employing addi- tional clerical hire and for traveling expenses. The Chairman. Why not save this $25,000 and let the men who already have an appropriation of $10,000 take charge of this work ? ^ Mr. Campbell. Would not this item be subject to a point of order ? Mr. Meritt. I think probably it would. ' Mr. Campbell. A point of order would undoubtedly be made and I do not think there is any reason for spending time on it. It is very properly a matter to go into an omnibus bill. The Chairman. But we would like to have Mr, Meritt's statement as a part of the record to show that the committee investigated the matter and that these suggestions have been made. Mr. Campbell. Yes ; we want information on all of these matters, of course. The Chairman. The next item begins with line 18, page 21, as follows: That so much of the Indian appropriation act of June 21, 1906 (34 Stat. li., p. 326), as authorizes the President to extend the restrictive period against alienation in any trust or other patent issued to any Indian allottee be, and the same is, herebv amended so as to read : " That prior to the expiration of the trust or other restrictive period against alienation on the lands allotted under any law or treaty to any Indian the President may continue such trust or other restrictions against alienation for such further period as he may deem best : Provided, however, That this shall 136 INDIAN APPROPRIATION BILL, 1917. not apply to any lands of the Five Civilized Tribes or the Osage Nation, Oklahoma." What justification have you for that? Mr. Meeitt. We offer the following justification : The act of June 21, 1906 (34 Stats. L., p. 326), authorizes the President to extend the trust period, or other period during which alienation is prohibited, In any patent issued to Indian allottees, but this act specifically provides that it shall not apply to any lands " in the Indian Territory." No doubt it was intended at the time this act was passed to except from it.« provisions the Five Civilized Tribes in Oklahoma, rather than all of the lands within the former Indian Territory. At the Quapa,w Agency, under the Soneca Indian School, Oklahoma, which formed a part ot the former "Indian Territory," we have eight tribes or bands of Indians who have been allotted as follows : Eastern Shawnee, Modoc, Peoria, Seneca, Miami, Ottawa, Quapaw, Wyandotte. Some of the members of these band were allotted under the general allot- ment act of February 8, 1887 (24 Stat., 388), as amended, while others were allotted under special acts providing for the issuance of patents in fee with restriction against alienation for a definite period. The restrictive period against alienation on two of the bands so allotted — the Peorias and Miamis— expired in April, 1915, and in view of the proviso in the act of June 21, 1906 (supra), excepting lands in Indian Territory, there was no authority under existing law for extending the restrictive period. By that expiration a number of noncompetent allottees of these two tribes have been put in jeopardy of losing their homes. All the Indians at this agency are not sufficiently advanced to be deemed capable of protecting their own interests, and it is very essential, therefore, that the power to dispose of their lands without supervision from the Govern- ment be limited for a further period. Other cases may arise where it will be advisable to extend the trust period on lands allotted to the Indians at the Quapaw Agency, and the suggested amendment to the act of June 21, 1906, Is simply designed to accomplish what it was believed to be the original inten- tion of that act, except from its provisions only the Indians of the Five Civilized Tribes. Tor a definition of " Indian Territory," see section 1, 26 Statutes at Large, 81. A tabulated statement of allottees of the Quapaw Agency is attached. Expiration of restrictions on allotments (Quapaw), Seneca School, Oklahoma. [Period of restriction, 25 years.] - Reservation or tri- e. Acts under which allotted. No. of aUot- ment. Date of patents. Kind of patents. Restriction win expire— Feb. 8, 1887 (2t Stat., 388) 72 12 33 65 68 157 153 234 236 301 134 238 Mar. 5,1891 Dec. 30,1892 Oct. 30,1907 Apr. 12,1890 Oct. 10,1891 Apr. 25,1892 Apr. 8, 1890 Sept. 26,1896 Oct. 19,1896 Dec. 30,1892 May 23,1905 Apr. 19,1892 Trust... ...do ...do Restric- tion fee. Trust... ...do Restric- tion fee. ...do ...do Trust... ...do ...do Mar. 4,1919 Do Fe:). 8, 1887 (24 Stat., 388); amended liyact]''e''.28,1891(26Stat.,791). May 27, 1902 (32 Stat., 215) Dec. 29,1917 Do Oct. 29,1932 Miami (western) 1. Mar. 2, 1889 (25 Stat., 1013) Apr. 11,1915 Modoc. .. Fe'i. 8, 1887 (2i Stat., 388); amended by act Fe'j. 28, 1891 (26 Stat., 79 J). do Oct. 9, 1916 Ottawa Apr. 24,1917 Apr. 7,1915 Sept. 25,1921 Oct. 18,1921 Peoriai Mar. 2, 1889 (25 Stat., 1013) Mar. 2, 1896 (28 Stat. , 907) Do .. do Seneca Fe''. 8, 1887 (24 Stat., 388); amended by act Te-. 28, 1891 (26 Stat., 79)). May 27, 1902 (32 Stat., 2'5) . . Dec. 29,1917 Do May 22,1930 Wyandotte Feb. 8, 1887 (21 Stat., 388) Apr. 18,1917 1 Time of restrictions expired. The existing law reads as follows : " That prior to the expiration of the trust period of any Indian allottee to whom a trust or other patent containing restrictions on alienation has been or shall be issued under any law or treaty the President may in his discretion con- tinue such restrictions or alienation for such period as he may deem best: Provided, however, That this shall not apply to lands in the Indian Territory." i:n^dian appkopkiation bill, 1917. I37 In addition to the justification submitted, I will say that this proposed legislation would broaden the scope of the provision in the Indian appropriation act of June 21, 1906, so as to extend it to prop- erty other than that held under trust. We have property held by trust patents, and then there is other property held by deeds with restrictions on alienation, and this is simply for the purpose of broadening the scope of the act in question so as to make it apply to both classes of property. The Chairman. So that the President, if he saw fit, could extend the time that these restrictions would end on the property— that is the object of the language? IMr. Meritt. Yes, sir. The Chairman. The next item is : For payment to the heirs of Farmer John, an Indian, for land purchased by the Government for a boathouse site on Pelican Lake, Minnesota, $20. What justification have you for that? Mr. Meritt. We offer the following justification for that item: Under date of May 18, 1910, Farmer John and his wife (Chippewa Indians) transferred to the United States a boathouse and site on Pelican Lake which was for the purpose of providing a place of storage for the supplies under the jurisdiction of the Nett Lake Agency. The. General Land Office approved this deed of sale under date of March 6, 1912, but before payment was made Farmer John died. The heirs were de- termined by the Secretary of the Interior and a claim submitted by them cover- ing the value of this land. The Comptroller of the Treasury ruled, however, that, there was no authority for the payment of this amount because there was no applicable fund available. The Government is using this tract of land and the heirs should be reimbursed for same. This item was in the bill last year, the justification appearing on page 93 of the House hearings but owing to the adoption of the same appropriation for the benefit of the Indians as was available the previous year, this item was not included. The Chairman. Did this pass the Senate ? Mr. Meritt. I think so. The Chairman. It is subject to a point of order, of course? Mr. Meritt. This is an appropriation and is not subject to a point of order. The Chairman. Why? Mr. Meritt. It is simply an appropriation to reimburse an Indian for land that the Government is now using. . ' . . The Chairman. And for that reason you do not think it is subject to a point of order? Mr. Campbell. This is an appropriation bill, and this is a clean- cut appropriation that we are authorized to make under the law. The Chairman. The next item is : For reimbursing Indians for live stock which has been heretofore or which may be hereafter destroyed on account of being infected with dourlne or othor contagious diseases, and for expenses in connection with the work Of eradicat- ing and preventing such diseases, to be expended under such rules and regula- tions as the Secretary of the Interior may prescribe, $100,000, said amount to be immediately available and to remain available until expended. What justification have you to offer for that item? Mr. -Meritt. This is a very important item in connection with our work, and I would like to read the justification : For several years the Bureau of Animal Industry has cooperated with the Indian Service in the matter of controlling communicable diseases among live 138 INDIAN APPEOPRIATION BILL, 1917. Stock on the various Indian reservations hy detailing veterinary inspectois em- ployed by that bureau to make inspections of siich animals from time to time and reporting those infected so that they may be destroyed. The action of the representatives of the Bureau of Animal Industry is based o^ the provisions, of the act of Mny 29, 1884 (23 Stats. L.. 31), the act of July 14, 1890 (26 Stats. L., 287), and the act of March 22, 1898 (30 Stats. L., 338), providing for the estab- lishment of the Bureau of Animal Industry and the expenditure of funds appro- priated to prevent the spread of contagious and infectious diseases among animals. The act of February 23, 1914, provides funds for the use of the Bureau of Animal Industry in its efforts to eradicate the disease of dourine from among horses and In the reimbursement of persons having horses condemned and destroyed. This fund is used to pay the salaries of the veterinarians en- gaged in this work including those detailed for duty on Indian reservations, also the expenses of conducting this work in white communities and reimbursing white persons to the amount of one-half the value of the animals killed as the result of such activities. The different States also make appropriations to com- bat the spread of such diseases and make settlement with white persons for their losses. The amount white persons receive from the State as reimbursement for their losses is one-half the value of the animal, and they are therefore reim- bursed for the full appraised value of the animals killed. The Secretary of Agriculture reports that the amounts appropriated are in- sufficient to carry the work on properly in white communities, and it is therefore impracticable to pay the expenses of such work on Indian reservations or reim- burse the Indians even in part for their losses from such funds. The Indian Service has therefore been forced to use funds belonging to the Indians in accord- ance with the provisions of their treaties or other tribal funds to meet these expenses and reimburse the Indians for their losses, as the Indians are opposed to having their animals slaughtered without compensation and would secret them or drive them from the reservation were reimbursement not made. This would result in the spread of the disease to the stock of white persons in the vicinity of the reservation and render the work of eradication more difficult. Owing to the demand for horses all over the country, animals from these reservations are being purchased and distributed throughout the United States and the failure to take proper steps to thoroughly eradicate such diseases will result in their spread to the stock of homesteaders in the vicinity of the reserva- tions and to other parts of the country where the animals are shipped. The following table gives the various expenditures of the funds made for this purpose and the reservations affected thereby : Reservation. General expenses. Eeim- burse- ments. Fund used. Cheyenne River $11,928.78 2.00 $23, 140. 00 200.00 925.00 16,000.00 1,060.00 17,283.00 605. 00 11,988.50 170.00 1700.00 5,194.60 1,2-57.00 43,160.00 1790.00 1700.00 1, 052. 60 Indian moneys, proceeds 01 labor Chevenne Reserva- tion Indians, Cteyenne River 3 per cent lund. Indian moneys, proceeds of labor Crow Indians. Indian moneys, proceeds 01 labor Crow Creek Indians. Indian moneys, proceeds of labor Fort Belknap In- dians. Indian moneys, proceeds of labor Fort Berthold In- dians. Indian moneys, proceeds of labor Fort Peck Indians. Indian moneys, proceeds ol labor Lower Brule Indians. Superintendent of Indians, Arizona and >^ew Mexico. Indian moneys, proceeds ol labor Pine Ridge Indians. Fort Belknap ^ . . . Fort Berthold 1,920.00 1,100.00 1,042.00 6,660.66 Ponca Indian moneys, proceeds of labor Rosebud Indians; Proceeds Rosebud Reservation 3 per cent fund. Superintendent Northern Cheyenne and Araphoe fund. Standing Rock Reservation 3 per cent fund. Indian moneys, proceeds of labor Tongue River In- dians. Standing Rock 20,600.89 64.00 Turtle Mountain Walker River 30.00 Total 42,685.67 104,107.50 1 Representing unpaid amounts due Indians for animals killed for which iunds are not available to make reimbursement. Total, about $8,000. INDIAN APPBOPEIATION BILL, lOll 139 It will thus be seen tliat the expenditiires made on Indiiui reser\'atious for this purpose are entirely from Indian funds which are urgently needed for other purposes, whereas the funds for such work in white communities are provided entirely from appropriations from the general funds of the Federal and State governments. There are still other reservations which have no funds whatever available which can be used to reimburse Indians for their losses. The unsettled claims for reimbursement for liorses liilled and for which no funds are available now amount to about $8,000. Work has just been commenced on the Navajo Reser- vation, and it is estimated that $35,000 will be needed to carry on the work of dourine eradication and make reimbursement for animals killed. Preliininary examinations indicate the presence of dourine among the horses of Moqiii and Western Navajo Reservations, but the extent of the infection has not been sufficiently determined to estimate what funds are needed for such work at those reservations. None of the last three reservations referred to have funds available for this work. The work of the veterinary inspectors shows that the prevalence among the horses in Montana, North and South Dakota, and other near-by States is much more widespread than was at first supposed. The de- struction of diseased horses on Indian reservations is for the protection of the public in general, and Indians suffering thereby should be recompensed for their loss. It is thei-efore evident that the amount requested is not only needed to eradicate this disease from the Indian reservations and reimburse the In- dians for their losses, but should be provided for use in conjunction with the work in white communities to effectually eradicate these diseases and properly protect the live-stock interests of the country in general. Mr. Campbell. Is there much of this disease on the reservations? Mr. Meeitt. We are finding considerable dourine among the horses of the Indians, and the Dfepartment of Agriculture has been very busy among the homesteaders around the reservations. The stock is being cleaned up, but v^e have not the funds available to do this work on the Indian reservations. Mr. Campbell. Have you a report as to the number of animals in- fected on any reservation or any number of reservations ? Mr. MERin'. We have not any specific figures here, but we have found that there is a good deal of dourine in the Sioux country and also in the Southwest. Mr. Campbell. What do you mean by the Southwest ? Mr. Meeitt. Down in Arizona. Mr. Norton. So far as the Dakotas and Montana are concerned this disease exists. In North Dakota and South Dakota dourine has been found to be most prevalent on the Indian reservations. In fact, it was thought by the State veterinarians that the origin of it in those States was on the Standing Eock and Fort Berthold Keser- vations. Mr. Campbell. What is dourine? Mr. Norton. Well, dourine is analogous to syphilis in man. The Chairman. How have you been paying the Indians for stock destroyed heretofore in those States? Mr. Norton. I do not know. Mr. Meritt. We have been paying them out of tribal funds, and paying them not what the horses were really worth. , „ mr • The Chairman. Would not that be the proper thmg to do? This is for the protection of Indian property. Mr. Meritt. The tribal funds are practically exhausted in a num- ber of cases, and a number of tribes also object to the use of tribal funds for this purpose. . Mr. Campbell. This is not a contagious disease, is it i Mr. Meritt. It is a communicable disease. 140 INDIAN APPEOPBIATION BILL, 1917. Mr. Campbell. Is there any outward evidence of its existence ? Mr. NoETON. Yes, sir. In the advanced stages of it the symptoms are very discernible. It is transmitted by stallions to mares that breed, and it is also transmitted by flies from one animal to another. It is akin to the sleeping sickness disease in Africa, which attacks men, horses, and cattle. The only way that this disease can be dis- covered in its early stages is by a blood analysis or blood test, and that test is only made in the department at Washington. Mr. Campbell. Is it a new disease? Mr. Norton. It is a new disease so far as this country is concerned. It has been common in France for a century or more. It was first found in this country in 1885. Down in Iowa and Kansas there were some isolated cases that were wiped out. Mr. Meeitt. Unless we can get an appropriation of this character, the work of the Agricultural Department around these reservations will be of no avail, because the diseased horses on the reservations will gradually spread the disease to the white communities around the reservations, and it is very important that we cooperate with the Department of Agriculture in the suppression of this disease. Mr. NoETON. I think the record of an examination made on the Standing Rock Indian Reservation, adjacent to Fort Yates, two years ago, will show that over 25 per cent of the horses belonging to the Indians that were examined were found to be infected. Mr. Campbell. Do the horses and stallions run at large ? Mr. NoETON. Yes. The first method of eradication is to examine the stallions and destroy those affected with dourine. The Chaieman. Will it make any difference as to whether or not the Agricultural Department takes charge of this matter on the Indian reservations? Of cou^rse, if an appropriation is made the United States Government will have to paj' it. Mr. Meeitt. We are in close cooperation with the Agricultural Department in the suppression of this disease. Mr. Campbell. Have you any surgeons or veterinarians in the Indian Service treating this disease? Mr. Meeitt. We are utilizing the services of representatives of the Department of Agricultural on our reservations, but we have no funds available to pay the Indians for the stock destroyed. Mr. Cajipbell. Does the pay of the men representing the Depart- ment of Agriculture in this work cease in the Department of Agri- culture and begin with the Indian Service? Mr. Meeitt. No, sir. The Department of Agriculture pays their salaries even though they may be detailed on Indian reservations. Mr. Campbell. Then, what is the purpose of this appropriation if they are paid by the Department of Agriculture? Mr. Meeitt. The purpose of this appropriation is to have em- ployees to round up the horses to be examined by the experts of the Department of Agriculture, and also to pay the Indians for the stock destroyed. The Chairman. Would not this provision need some kind of amendment in order to be carried into effect in connection with the work done by the Department of Agriculture? Mr. Meeitt. We can do that without legislative authority. We have authority to cooperate with the Department of Agriculture, and no further legislative authority is necessary. INDIAN APPROPRIATION BILL, 1917. 141 Mr. NoKTON. You have that authority already? Mr. Meeitt. Yes, sir. The Chaieman. The next item begins with line 17 on page 22, as follows : That the Secretary of the Interior be, and he is hereby, authorized to lease for grazing, agricultural, or mining purposes, unallotted lands within Indian reservations established by act of Congress or Executive order In such quan- tities and upon such terms and conditions and under such regulations as he may prescribe. What justification have you to offer? Mr. M^KiTT. We offer the following justification. Section 3 of the act of February 28, 1891 (26 Stat. L., 795), aulhoiizes the leasing of unallotted lands on Indian reservations " occupied by Indians who have bought and paid for the same," for grazing and mining purposes. In an opinion rendered January 11, 1892, the Assistant Attorney General lor the Interior Department, held that " Congress was legislating with reference to those Indians who have, under treaty or otherwise, become iiusst-,-; ;t)i-s and owners of certain specific tracts or bodies of lands by purchase or exchange or surrender of other property, in contra-distinction to those Indians who are occupying reservations created by Executive order or legislature enactment." The department concurred in this opinion. It is believed that on account of the lack of authority to lease unallotted lands on Indian reservations created by Executive order or legislative enact- ment, some portions of the Indian country are being retarded by uondevelop- ment, and the Indians are being deprived of an income which they cciuld other- vcise receive. In other words, we can not at this time lease for mining purposes lands within the Executive order reservations or reservations cre- ated by act of Congress. Qnly on those reservations created by treaty have we the authority to issue leases for mineral purposes. The Chairman. Would it be beneficial, in your judgment, for the Indians to have mines operated on the reservations? In other words, would it tend to enlarge the amount of money that they would re- ceive from their lands? Mr. Meritt. It would give the Indians additional income, and would also provide them with opportunities for employment, and it would also -develop the country. .Mr. Campbell. What particular reservations have you in mind and what is the mineral to be mined ? Mr. Meritt. For example, we have mineral on the Colorado Eiver Eeservation, in Arizona. There is supposed to be gold on that reser- vation, as on the lands immediately adjoining that reservation. Mr. Campbell. That land was withdrawn by proclamation of the President ? Mr. Meritt. Yes, sir; by Executive order. We have coal on the Navajo Eeservation, but have no authority to permit the mining of that coal. There is supposed to be minerals of different kinds on a number of Executive order reservations, but we have no authority to permit the development of those reservations in that respect. Mr. Campbell. What was the purpose of the Executive order in the case of the Navajo Eeservation? Mr. Meritt. That was simply to set aside lands for the benefit and use of the Navajo Indians. They were gathered together from other parts of the southwest and confined to this particular territory. Mr. Campbell. Would not another Executive order permit the leasing of -those mines? 20527—16 10 14^ INDIAN APPROPRIATION BILL, 1917. Mr. Meeitt. No, sir. Mr. Campbell. An Executive order setting aside the former Ex- ecutive order? Mr. Meeitt. An Executive order setting aside the former Execu- tive order would mean that the Indians would be deprived of the tise of the lands. We want the Indians to have the use of the lands. They own the lands, but we also want authority to develop the mines so that the Indians can get the full use of the lands set aside for their benefit. Mr. Campbell. Whose land was it when it was set aside by Ex- ecutive order? Mr. Meeitt. It was public domain property. Mr. Campbell. How does the Committee on Indian Affairs have jurisdiction over it? Mr. Meeitt. Because it is in the Indian country. Mr. Campbell. Because it is an Indian reservation ? Mr. Meeitt. Yes, sir. The Chairman. It was an extension of the Indian reservation, as I understand it. Mr. Campbell. If it were set aside or withdrawn by an Executive order because it was a part of the public domain, it was not Indian lands. Mr. Meeitt. It was not at the time it was withdrawn. Mr. Campbell. When was this land covered into the Indian reser- vation ? , Mr. Meeitt. Some of these Executiv^order reservations have been Indian reservations for 50 years. Mr. Campbell. Don't you think, Mr. Meritt, that it would be a good plan to make this specific and not general — that is, make it to coyer specific reservations? Mr. Meeitt. If the committee wishes the reservations specified, I will be glad to do it. Mr. Campbell. I think it would be better to have it in the omnibus bUl. This is important legislation. i Ml": Meeitt. It is important legislation and very desirable legisla- tion from the Indian standpoint. : ,Mr; Campbell. And I think it is legislation that would stand on its own merits and would not have to be in an appropriation bill. Mr. Meeitt. We will be glad to include this in the omnibus bill. , Mr. Campbell. I think that would be well, and it would also be well to specify the reservations in which the Executive orders should be modified. The Chairman. I think that suggestion is a good one. I might call attention to the fact that Ave should also include the Mescalero Reservation in New Mexico. There is mining going on by white persons on the public domain around that reservation, and the veins have, been traced through to this reservation. I made an effort to withdraw those lands for mining purposes. There is another reser- vation on the north side of the old Navajo Reservation. The Navajo Reservation that you mentioned did not touch the Little Colorado Iliver, but when the President extended the boundaries of the old Navajo Reservation it touched this river at points opposite the northwest and northeast corners. It included all of the intervening land between the canyon and the old reservation. In this section INDIAN APPROPRIATION BILL, 1917. 143 there were several mines in operation, but the men were driven out from this land. They had claims pending against the Government, and It seems to me that they were very just. I took quite an interest in the matter, but have never been able to get any relief for them. They went m on the public domain in good faith 'and located these claims and went to work on them. In the meantime the President withdrew these lands and added them to the Indian reservation. Mr. Meritt. Lack of legislation on this subject has worked an in- justice not only to the Indians but to others. Mr. Norton. Under the existing law has the Secretary of the Interior the right to lease lands for mining purposes on treaty reser- vations ? Mr. Meritt. Yes, sir. Mr. Norton. Such as the Standing Eock Eeservation? Mr. Meritt. Yes, sir ; on all treaty reservations, but not on Exec- utive order reservations or reservations created by act of Congress. The Chairjian. Was not the old Navajo Eeservation a treaty reservation ? Mr. Meriit. a part of it is, but a majority of the reservation was created by Executive order. The Chairman. The next item is as follows : The property known as the Grand Junction School, nr:!utea to the State of Colorado liy act of April 4, 3910 (36 Stat. L., p. 273), may be held and used by said State for maintenance of an institution for the insane or for charitable purposes, provided Indians shall always be admitted to such institution free of charge and upon an equality with white persons, and the grant heretofore made by act cited is hereby enlarged so far as to include the uses and pur- poses named. What justification have you for that? Mr. Meritt. We offer the following justification: On May 31, 1911, the governor of Colorado accepted the property known as the Grand Junction School, in accordance AA'ith the provisions of the act of April 4, 1910 (36 Stat. L., 269, 273). Under the provisions of the act the lands, buildings, and fixtures comprising the Grand .Junction School are to be held and maintained liy the State of Colorado as an institution of learning, and Indian pupils are to be at all times admitted to such scliool' free of charge for tuition and on terms of equality with white pupils. The Secretary of State of Colorado has transmitted a resolution setting out that the State of Colorado has now five .separate institutions of learning in active oi)eration in different parts of the State, whereas it has only one asylum for the insane, \A-hich Is greatly overcrowded, and the cost of transportation of patients west of the continental divide thereto is excessive. It is requested that the grant heretofore made be exended so as to provide that the former Grand Junction School property may be used as an asylum for the insane. This appears to be a desirable use of the property, provided Indians are admitted to the Institution on equal terms with white patients. While the grant may well be enlarged to permit the use of the property for charitable and reformatory as well as educational purposes, its use should be restricted to such purposes, in order that the Indians of the State of (Jolorado niay be afforded some benefit from this property. The Chairman. What additional statement do you wish to make in regard to that item? Mr. Meritt. This was formerly an Indian school, but by act of Congress it was turned over to the State of Colorado. Mr. Campbell. How long has it been the property of the State^ — five or six years? Mr. Meritt. About four or five years. - The Chairman. Has the State accepted the grant? 144 INDIAN APPEOPBIATION BILL, 1&1'7. Mr. Meeitt. The State has accepted the grant, but so far has not made any beneficial use of the property. Mr. Campbell. Who has been paying the maintenance expense since the act granting it to the State of Colorado ? Mr. Meeitt. The State has been paying such maintenance charges as were incurred. Mr. Campbell. Is the property being used for anything now ? Mr. Meeitt. It is my impression that it is not being used at this time. . ^ Mr. Campbell. And lias not been since the act ceding it to the State of Colorado was passed? Mr. Meeitt. I think that is correct. The Chairman. Has there been any request recently from the State to your department concerning any beneficial use that they desired to put it to? Mr. Meeitt. A separate bill has been introduced in the House by Eepresentative Taylor, I believe. Mr. Campbell. To make an asylum out of it ? Mr. Meeitt. Yes, sir. Mr. Campbell. Don't you think that would be a pretty good thing, also, to put in the omnibus bill? Mr. Meeitt. We will be glad to include that in the omnibus bill. Mr. NoETON. Why was this school transferred to the State in the first place? Mr. Meeitt. For educational purposes — for an educational institu- tion. They find that they can make better use of it as an insane asylum. The Chaieman. As I understand you, there were four or five edu- cational institutions already, and they did not need this school for that purpose? Mr. Meeitt. Yes, sir. The Chaieman. And they decided to change it for the purposes of an insane asylum? Mr. Meeitt. Yes, sir. We should now oppose very much the trans- fer of any of the Indian schools to the States, for the simple reason that we need all of them to afford educational facilities to the Indian children. = The Chaieman. The next item is: That the Secretary of the Interior is hereby authorized to cause to be sold, under such rules and regulations as he may prescribe, any tract or part of a tract of land purchased by the United States for day school or other Indian administrative uses, not exceeding one hundred and sixty acres in any one tract, when said land or a part thereof is no longer needed for the original purpose; the net proceeds therefrom in all cases, except where the purchase price was paid from tribal funds, to be paid into the Treasury/ of the United States ; title to be evidenced by a patent in fee simple for such lands as can be described in terms of the legal svirvey, or by deed duly executed by the Secretary of the Interior containing such metes-and-bounds description as will identify the land so conveyed as the land which had been purchased. What justification have you for this item? Mr. Meeitt. The following justification is offered for the record, Mr. Chairman: It has been held that neither sections 2122 and 2123 of the Revised Statutes, nor the act of April 21, 1904 (33 Stat. L., 189, 211), authorizes the sale of lands purchased for Indians for administrative purposes unless buildings have been erected thereon and are no longer needed for such purposes. These are the only INDIAN APPEOPBIATION BILL, 1917. 145 general authorities for tlie disposition of lands devoted to Indian educational or administrative uses. Under these acts the proceeds of sale mav not be de was paid" '" """''' °' '''' *"'' *'•"'" "'^^^^ ^^"*^« t^« origfnal"u?chase prt:'e There are at this time small tracts of land purchased for school and adminis- trative use which are not the sites of buildings, but which are not needed for the purposes for which purchased. These are as follows • Five acres from the allotment of Chief Mower; purchased in 1910 for a dav school site for Cheyenne and Arapaho pupils. The Indian grantor is wTlling to purchase the land at the price he received for it wxiiing lo One acre of land at Flandreau, S. Dak.; purchased in July, 1876, for use in Indian educational work at that point. The land is no longer needed by the Government. It is well situated and will attract bidders A tract of less than half an acre purchased in 1911 as a warehouse site for the Nett Lake Reservation, Minn. Before buildings were erected conditions so changed as to render the tract unusable. The grantor wishes to repurchase the tract. Similar conditions are likely to occur at any time, especially in neighborhoods where the Indian day schools are being replaced by public schools. In addition to the justification, I will say that we are now without authority of law to dispose of small tracts of land that have hereto- fore been acquired for governmental purposes, but no longer needed, and we should like to have this legislation in order to dispose of this property, and the proceeds from the lands will go back into the Treas- ury of the United States. The Chairman. The next item is : AMZONA AND NEW MEXICO. Sec. 2. For support and civilization of Indians in Arizona and New Mexico, including pay of employees, $330,000. What justification have you for this item? Mr. Meritt. The following justification is offered for the record : Support of Indians in Arizona and New Mexico. Fiscal year ending .Tune 30, 1916, amount appropriated $330, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 330, 000. 00 Amount expended 315, 701. 98 Unexpended balance 14, 298. 02 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 153, 230. 89 TraveUng expenses 4, 716. 83 Transportation of supplies 16, 140. 57 Heat, light, and power service 70. 00 Telegraph and telephone service 496. 61 Printing, binding, and advertising 279. 18 Subsistence supplies 27, 687. 27 Dry goods, clothing, etc 1, 257. 96 Forage 19, 967. 16 Fuel •- 7, 387. 84 Stationery and office supislies 1, 191. 29 Medical supplies 7, 669. 87 Equipment, material, etc 66,642.93 Construction of buildings at State fair, Arizona 435. 93 Rent 55.70 Sheep dip 5. 877. 00 Miscellaneous 2, 594. 95 Total 315, 70L 98 146 INDIAN APPEOPEIATION BILL, 1917. The amount asked for is the same as that granted in previous years. There are 21 superlntendencies in these two States which share in this fund, with a total land area of approximately 21,806,827 acres and a total Indian popu- lation estimated at 66,658, divided as follows : Superintendency. Camp Verde Colorado River Fort Apache Fort Mojave Havasupai Jicarilla Itaibab Mescalero Mogul Pima Pueblos of New Mexico. Area. Acres. 240, 699 1,681,920 31,328 518 761, 112 138,240 474, 240 2,472,320 367,351 770, 260 Popula- tion. 421 1,099 2,364 763 170 642 98 626 4,193 6,296 8,421 Superintendency. Salt River San Carlos SanXavier Truxton Caayon Zuni Leupp Navajo Pueblo Bonito. . SanJuan Western Navajo. Area. Popula- tton. Acres. 71,691 1,208 1.834,240 2,6Q8 155,954 4,990 730,880 474 215,040 1,603 1,7Q0 11,707 11,861,034 2,72b 8,000 6,550 These Indians are scattered over a wide expanse of territory and are largely engaged in stock raising. Though some reside in villages or an allotments and till the soil, a large number are nomadic and travel over the country where pasturage may best be found for their flocks. Some of the great needs of these Indians are the improve- ment of the grade of their stock by the introduction of high-bred rams, bulls, and stallions, and instructing and training in more scien- tific handling of their herds and the products thereof ; the introduc- tion of improved implements and methods of farming; continuing fencing of some of the reservations to keep out trespassing stock, for the protection and control of their grazing lands. A considerable part of the salaries paid from the appropriation is paid to Indians in various positions which they are capable of filling in connection with their industries. Approximately $35,000 is paid to physicians and hospital assistants in an effort to improve the physicial condition of these Indians and lessen or stamp out the ravages of disease. Some of the amount paid in salaries to white employees is used in the administrative work among the tribes, and a considerable amount thereof is used in the employment of carpen- ters, blacksmiths, wheelwrights, sawyers, millers, and other trades- nien, in teaching and performing work for approximately 66,000 In- dians of the 21 jurisdictions involved in this appropriation. While no increase in this appropriation is asked for, it is necessary each year to pare the requests severely in order to bring the total within the amount annually appropriated. The Chairman. Have you any additional statement to make for the record? Mr. Mekitt. This is the same amount that we have been asking for heretofore and it provides for Indian administration in the States of Arizona and New Mexicrt We have 21 agencies in those two States and we need every dollar of this appropriation. Mr. Campbell. You have an unexpended balance of about $14,250? Mr. Meeitt. Yes, sir. The Chairman. How many Indians are there in those States? Mr. Meeitt. There are 4i,916 Indians in Arizona and there are 21,995 Indians in New Mexico. The 41,000 Indians in Arizona are practically all full-blood Indians, Mr. Chairman. INDIAN APPEOPEIATION BILL, 1917. 147 ye^?' ^^*'''™^''- ^^^* ^s *1^^ same amount as the appropriation last Mr. Meritt. Yes, sir. thi^shf ^t^''^'^^" ^^^ ^^""^ ^""^ *^® appropriation been running in Mr. Meritt. For a number of years Mr. Carter Do you find it better to have a lot of agendies scattered about^ver the district than to have them consolidated? Mr Meritt. We find it better to have a lump sum for the agencies, and then we can apportion the money so as to meet the needs of the agencies. Mr. Carter. I was not speaking of a lump sum. but do you find it better to have the agencies scattered— you said that you had 21 agencies here? Mr. Meritt. Yes, sir. Mr. Carter. Do you find it better to have the agencies scattered or to have them consolidated ? Mr. Meritt. "We have an entirely different condition in those States because, m the large areas, there are no Indians at all. The Indians there are on the reserv-ations and the reservations may be severaj hundred miles apart and it is necessary to have a superintendent for each agency. Mr. Carter. In these States you find it better to have them scat- tered about? Mr. Meritt. Yes, sir. The Chairman. The next item is: For support and education of two hundred Indian pupils at the Indian school at Port Mo.jave, Arizona, and for pay of superintendent, $35,100; for ;.:enerRl repairs and improvements, $3,800 ; for construction of a stt-el tanls and tower, $4,000;' in all, $42,900. T^Tiat justification have you to offer for this item ? Mr. Meritt. We submit the following justification for that item, Mr. Chairman: Indian school, Fort Mojare, Ariz. Fiscal year ending June 30, 1916, amount appropriated .$3r>, 100. 00 Fiscal year ended June 80, 1915 : Amount appropriated H5, 100. 00 Amount expended :iS, 525. 13 Total ■ 1, 574. 87 ANALYSIS or EXPBNDITUKES. Salaries, wages, etc 33, 712. 36 Traveling expenses 304. 68 Transportation of supplies 1,494.91 Telegraph and telephone service 34.80 Subsistence supplies 5, 263. ,31 Dry goods, clothing, etc .3,182.76 Forage 1, 169. 90 Fuel -—- 5, 729. 9T Stationery and office supplies- , i i — _ 169. 21 Educational supplies _" ;!___;_:.__ ii_i 274. 39 Medical supplies.— _ 323.78 Equipment, material, etc 1__11 1,775.75 Seed 89. 31 Total 83, 525. 13 There was also expended $457.88 from " Miscellaneous receipts. Class IV." 148 INDIAN APPEOPKIATIOlir BILL, 1917. Indian school, Fort Mojave, Ariz., repairs and, improvements. Fiscal year ending June 30, 1916, amount appropriated $3, 800. 00 Fiscal year ended June 30, 1915: Amount appropriated 3, 800. 00 Amount expended 2, 624. 98 Unexpended balance 1> 175. 02 ANALYSIS OF EXPENDITURES. Repairs to plant 2,624.98 Statistical statement for year ending June 30, 1915. Value of school plant — real property $83, 494 Number of buildings 29 Number of employees 19 Average attendance of pupils 197 Enrollment 200 Capacity 200 Cost per capita based on enrollment ^$176. 2.5 Cost per capita based on average attendance '$179. 00 Area of school land (acres) 47 Area of school land (acres cultivated) 17 Value of products of school $4, 681. 27 Superintendent's estimate of absolute needs for 1917 : Support , 35, 100 Repairs and improvements 3, 800 New buildings 4, 000 Total 42,900 Requested in the present bill : Support and education of 200 Indian pupils at the Fort Mojave Indian School, and superintendent's salary 35, 100 Repairs and improvements 3, 800 New buildings 4, 000 Total 42,900 Indian school, Fort Mojave, Arin. [Payable from "Indian School, Fort Mojave, Ariz., 1916."] Salaries. Superintendent $1, 600 Principal 1, 000 Financial clerk 840 Disciplinarian 960 Teacher i^ 720 Do 720 Do 720 Matron 720 Assistant matron 540 Nurse 720 Seamstress 600 Salaries. Laundress $540 Cook 600 Farmer 720 Carpenter 840 Engineer 1, 000 Outing matron, six months, at $800 400 Assistant 300 Laborer 300 Total 13, 840 >^This also includes $2,S0.35 used In the transportation of puplla and $1,494.91 used In the transportation of goods and supplies. INDIAN APPROPRIATION BILL, IW"?. 149 FOKT MO.IAVE SCHOOL, 1917. This school is located on a reservation containing 31,328 iuios, nunc ol; whicn Is allotted. The population is 785. Except the $4,000 requested for a new water tank, the totnl is the same as that apportioned for each of the past three years. The school plant is in a fair state of repair, except tlie water tank, which must be repaired if the school is to be maintained. The brickwork on one of thf steam boilers Is becoming badly corroded and must be reset in another year. The gas mains have been in the service for nine years and are becoming badly corroded. They will have to be replaced in another year. The usual amount of lumber, paints, oils, glass, plaster, machine repairs, and pipe will be required to Keep the plant in good repair. The item of $4,000 for a water tank is the oni.v Item exceeding the allowance of last year. Tlie 29 buildings and improvements are valued at $81,896, and the amount requested for repairs is 4.6 per cent of their value. It is practically the same amount as the appropriation made last year, with the addition of an item of $4,000 which we are asking for the construction of a steel tank and tower. Mr. Campbell. Four thousand dollars for the construction of a steel tank, that is the only difference ? Mr. Meeitt. Yes, sir ; that is the only difference. The Chairman. Is that not quite a good price for a steel tank and tower? Mr. Meeitt. That is the estimated cost of the tank and tower which will be needed for the school. The Chairman. What is the number of pupils there? Mr. Meeitt. We have an enrollment of 200 pupils at that school. The Chairman. What is the per capita cost? Mr. Meeitt. One hundred and seventy-nine dollars. The Chaieman. What unexpended balance have you? Mr. Meeitt. We have a small unexpended balance of $1,574.87. The Chaieman. The next item is : For support and education df 700 Indian pupils at the Indian school at Phoenix, Ariz., and for pay of superintendent, $119,400; for general repairs and improvements, $12,500. What justification have you to offer for this item? Mr. Meritt. We offer the following justification for this item, Mr. Chairman : Indhm school, Phoenix, Ariz. Fiscal year ending June 30, 1910, amount appropriated $119, 400. 00 Fiscal year ended June 30, 1915 : ^^ ^^ Amount appropriated ,., ' ^„/ (^ Amount expended 11&, iz^. u^ Unexpended balance ^' " — ANALYSIS or EXPENDITURES. 49,919.23 Salaries, wages, etc 102.65 Traveling expenses 'j^ ~ 1, 43l! 37 Transportation of supplies - 1996 91 Heat, light, and power (service) ' g^g gg Telegraph and telephone service IIIIII 28, 196. 29 Subsistence supplies - " " " 15[ 228. 63 Dry goods, clothing, etc I_""II 2, 589. 97 Forage " I__ 4, 410. 88 150 INDIAN APP.ROPBIATION BILL, 1917. Stationery and ofKce supplies. Educational supplies Medical supplies Equipment, material, etc Rent Miscellaneous $207. 40 643. 20 1,0.54.24 7, 958. 24 240. 00 839. 05 Total 115, 124. 04 There was also expended $3,712.14 from " Miscellaneous receipts. Class IV." Indian School, Phoenicc, Arie., repairs and improvements. Fiscal year ending June 30, 1916, amount appropriated $7, 500. 00 Fiscal year ended June 30, 1915: Amount appropriated 7, 500. 00 Amount expended .- 6, 912. 43 Total- 587. 57 ANALYSIS OF BXPENDITUEES. Repairs (to plant) 6,912.43 Note. — $2.3,487.01 was expended during the year from ' sewer system, 1915," and $14,911.70 from " Indian School, Indian School, Phoenix, Ariz., Phoenix, Ariz., buildings. " Statistical statement for year ending June 30, J915. Value of school plant — real property l $454, 089 Number of buildings 90 Number of employees 68 Average attendance of pupils 658 Enrollment 794 Capacity 700 Cost per capita based on enrollment * $163. 48 Cost per capita based on average attendance '$185.43 Area of school land (acres) 240| Area of school land (acres cultivated) 137 Value of products of school $7,967.92 Superintendent's estimate of absolute needs for 1917 : Support $119,400 Repairs and improvements 12, 500 New buildings 25, 000 Total 156,900 Requested in proposed bill : Support and education of 700 Indian pupils at the Phoenix Indian School, and superintendent's salary 119,400 Repairs and improvements i2, 500 Total 131, 900 Salaries. Superintendent $2, 250 Assistant superintendent and physician 2, 000 Clerk '1,300 Do 900 xVssistant clerk 780 Do 900 Physician 1,600 Disciplinarian 1, 350 As.sistant disciplinarian 660 Principal teacher 1, 200 Salaries. Teacher $900 Do_ Do- Do- Do- Do- Do- Do_ Do- Do- Do- 780 780 750 750 720 660 660 iThi.s .also includes $3,794.81 used in the transportation of pupils and $10,884.87 in the transportation of goods and supplies. ', 2 One-half payable from " Relievins- distress and prevention of disease among Indians, 1916." INDIAN APPKOPKIATION BILL, 1917. 151 Salaries. Matron $840 Assistant matron 780 Do 660 Do 600 Do 600 Housekeeper 600 Do 600 Xurse 720 Seamstress 660 Assistant seamstress 300 Tailor 720 Laundress 600 Assistant laundress 300 Baker 540 Cook 660 Sewing teacher 720 Domestic science teacher, $72 per month 720 Hospital cook 600 Salaries. Farmer $1,200 Do 750 Dairyman 750 Gardener 1, OOO Do '720 Superintendent of industries— 1,000 Carpenter 1,060 Printer 1, oOO Painter- Blacltsmith Tinner Engineer Assistant engineer. Band instructor Laborer Do Do Assistant 780 780 840 ,200 900 780 600 600 600 300 Total 47,060 PHOENIX SCHOOL, SUPPOBT, 1917. With its capacity for 700 pupils this is one of the largest nonreservation schools, and the total amount requested is the same as that appropriated for the fiscal year 1916. REPAIRS AND IMPEOVBMENTS, 1917. It is proposed to install hot-water lieating boilers in the buildings already provided with radiators where the " forced-circulation " system is proving a total failure. Stoves are now set up all over the premises and are so poorly provided with flues that they are very dangerous. During six months of the year heat is desirable, and this year it was needed until Jlay 1. There are four large buildings and two cottages needing this improvement. The fund for repairs and improvements is and has been entirely inadequate, in consequence of which buildings are in a bad state of repair, needing many new floors and porches, especially the latter, which should be of concrete. For building and improvements worth $301,864 a repair fund of $12,500, or less than 4 per cent, would still be small. You will note that there is a reduction in this item. The Chairman. That reduction comes about by the elimination of the item for connecting the sewer system with the sewer system of the city of Phoenix. Has that been completed ? Mr. Meritt. Yes, sir. The Chairman. I see that was $32,000. Mr. Meeitt. Yes, sir. The Chairman. You have increased the estimate for general re- pairs and improvements to $12,500. Mr. Mjieitt. We have increased the estimate for general repairs and improvements from $7,500 to $12,500. The Chairman. What justification have you for that — is that included in the justification? Mr. Meeitt. Yes, sir ; that is provided for in the justification. We have 90 buildings at this school and the appropriation for repairs and .improvements has been the same for a number of years, and we find that the buildings are badly in need of additional repairs and that we really need a larger appropriation for repairs and improve- ments at such a large school as that at Phoenix. The Chairman. I believe that a good many of the buildings there are wooden buildings? ^^ 1 One-half payable from " Relieving distress and prevention of disease among Indians,. 1916." 152 INDIAN APPEOPRIATION BILL, ISl^. Mr. Meritt. Yes, sir. The Chairmak. How old are those wooden buildings? Mr. Meritt. Probably more than 20 years old. You will note that we have an enrollment there of about 700, and the school is filled to its capacity this year. The Chairman. What is the per capita cost ? Mr. Meritt. One hundred and eighty-five dollars. The Chairman. What unexpended balance have you? Mr. Meritt. $4,275.96. The Chairman. In view of that condition, can not you reduce this $131,900? Mr. Meritt. It is a pretty close margin. This is a very large school, and we would not like to see a cut in this appropriation, especially in view of the fact that we are getting additional pupils there. We have a larger enrollment this year than heretofore. The Chairman. You have good facilities there for talring care of the Indians that have tuberculosis and such troubles — ^you have a hospital there in connection with this school? Mr. Meritt. Yes, sir. Phoenix could be developed into really one of the best Indian schools in the United States. The Chairman. I think the facilities are good there, especially for health? Mr. Meritt. Yes, sir. It is located right in the Indian country, and the full-blood Indians are getting the benefit of this school. The Chairman. The next item is: For support and education of 100 pupils at the Indian school at Truxton Canyon, Ariz., and for pay of superintendent, .$18,200; for general repairs and improvements, $3,000; in all, $21,200. What justification have you for this item? Mr. Meritt. We offer the following justification, Mr. Chairman: Indian school, Truxton Canyon, Ariz. Fiscal year ending June 30, 1916, amount appropriated $18, 200. 00 Fiscal year ended June 30, 1915 J Amount appropriated 18, 200. 00 Amount expended 15, 835. 65 Unexpended balance 2, 364. 35 ANALYSIS OF EXPENDITURES. Salaries, wages, etc $8,946.43 Traveling expenses 61. 15 Transportation of supplies 3. 52 Telegraph and telephone service 5.02 Subsistence supplies 2, 461. 12 Dry goods, clothing, etc 1, 580. 35 Forage 678.35 Fuel 988.33 Stationery and office supplies 29. 25 Educational supplies 102. 51 Medical supplies ' 111. 21 Equipment, material, etc 803. 46 Miscellaneous 64. 95 Total 15, 835. 65 There was also expended $121.20 from " Miscellaneous receipts. Class IV." INDIAN APPEOPEIATION BILL, 1917. 153 Indian school, Truxton Canyon, Ariz., repairs and improvements. Fiscal year ending June 30, 1916, amount uppi-opriated $3, OOO. 00 Fiscal year ended June 30, 1915 : Amount appropriated 3 qqq qq Amount expended 2* 569! 17 Unexpended balance 430 §3 ANALYSIS OF EXPENDITURES. Repairs (to plant) 12 569 17 Statistical statement for year ending June 30, 1915. Value of school plant — real property S96 885 Number of buildings ' 28 Number of employees ]^5 Avt'rage attendance of pupils gj Enrollment cf^ Capacity 140 Cost per capita based on enrollment ' $i64. 43 Oost per capita based on average attendance ' $175." 27 Area of school land (acres) gOO Area of school land (acres cultivated) 15 Value of products of school $3^ 281. 87 Superintendent's estimate of absolute needs for 1917 : Support .$19,450 Repairs and improvements 1, 250 Total 20.700 Requested in the present bill : Support and education of 100 Indian pupils at the Truxton Canon Indian School and superintendent's salary 18, 200 Repairs and improvements 3,000 * Total 21,200 Salaries. Superintendent $1,500 Financial clerk 720 '.Peacher 720 Kindergartner 630 Matron 600 Assistant matron 300 Seamstress 600 Laundress . 600 .Cook , 600 General mechanic 900 Engineer 1, 000 Assistant 300 Do , 300 Do 300 Do 300 Total 9,340 The total amount requested for the support of the 100 students, the superin- tendent's salary, and general repairs and improvements remains the same as the appropriation for the past three years. The school is for the children of the Walapai Indians who number 474. Gen- erally they are very poor, with tuberculosis prevalent. Many of the children are thus incapacitated for attendance. These conditions will necessitate the continuance of the school indefinitely. With buildings and improvements valued at $94,600, the $3,000 requested for repairs and improvements represents but 3J per cent of the value. 1 This also Includes $11.3.85 used in the transportation of pupils. 154 INDIAN APPKOPEIATION BILL, 1917. Yoli will note that this is the same amount that has been aj)- propriated for the last two years. The Chairman. Wliat about this school, is it in good condition? Mr. Meeitt. The school is in fairly good condition. The Chairman. How many pupils have you there? Mr. Meeitt. We have an enrollment there of 91 pupils. The Chaieman. What is the per capita cost? Mr. Meeitt. $175. The Chaieman. What unexpended balance have you ? Mr. Meritt. $2,364.35. The Chairman. The next item is: For continuing the work of constructing tlie irrigation system for the irrigation of the lands of the Pima Indians in the vicinity of Sacaton, on the Gila River Indian Reservation, within the limit of cost fixed by the act of March third, nineteen hundred and five, $20,000 ; and for maintenance and oper- ation of the pumping plants and canal systems, $10,000 ; in all, $30,000, reim- bursable as provided in section two of the act of August twenty-fourth, nineteen hundred and twelve (Thirty-seventh Statutes at Large, page five hundred and twenty-two), and to remain available until expended. What justification have you to offer for this item? Mr. Meeitt. We offer the following justification for this item: Maintenance, irriyation system Pima Indian lands, Arizona (reimbursable). Fiscal year ending June 30, 1916, amount appropriated $10, 000. UU Fiscal year ended June 30, 1915 : Amount appropriated 10, 000. 00 Amount expended 8, 177. 7(5 Unexpended balance 1, 822. 24 ANALYSIS OF EXPENDITUKES. Salaries, wages, etc 6, 859. 40 Traveling expenses 16. 80 Transportation of supplies 47. 03 Heat, light, and power (service) 273.02 Forage 109.68 Fuel 3.60 Equipment, material, etc 831.89 Miscellaneous 36. 34 Total 8, 177. 76 This project will eventually cover 10,000 acres of fine land on the north side of the Gila River opposite Sacaton. The water supply is drawn from the Gila River when this .is_flowing and from nine wells pumped by electrically driven pumps when the river is dry. The Indians are industriously cultivating their lands, but although 800 Indians have each been allotted 10 acres, the project will not supply this whole area, and many of the Indians are thus prevented from farming. The amount requested will operate the canal system and pumping plants and install four additional units, increasing the irrigable area more than 1,000 acres. Fine crops of cotton, corn, grain, and alfalfa are raised by the Indians upon this project and any additional area made available will be the means of increasing the number of Indians who are properly self-supporting. INDIAN APPEOI»RIATION BILL, 1917. 155 Indian tribes : Pima. Number of Indians , 1,000 Area of reservation, acres 360,000 Area irrigable from constructed works, acres 4,000 Area actually irrigated, acres 3,900 Ai'ea farmed by Indians, acres 3,900 Area of whole project, acres 10,000 Cost of irrigation construction $425, 144. 64 Cost of irrigation operation, maintenance, and miscellaneous $16, 765. 14 Estimated additional cost to complete .$200,000 Estimated total cost of Irrigation per acre $63 Average value of irrigated lands per acre $150 Average annual precipitation, inches 10 Source of water supply : Wells and Gila River. Market for products: Local and general (excellent). . Distance from railroad : Eight to fifteen miles. The Ch^mrmais. Is there any additional statement Avhich you de- sire to make ^ Mr. Mbeiit. ^Ve have with us Mv. Reed and Mr. Conner, who are connected with our irrigation service, and I shall be glad if you will permit Mr. Reed and Mr. Conner to answer any questions which you may desire to ask. The Chairman. We should like to hear from you, Mr. Reed, on the necessity of this $30,000. Mr. Reed. Part of that fund is for continuing the pumping plant at Sacaton, under which all the agency farm is operated, and also the experimental station for- testing plants that will grow in that country. The other fund, for the extensioii of the canal system, is to reach more of the allotments that have been tentatively allotted during the last two years, and to enable those Indians to utilize the waters of Gila whenever they come. During the last year or two, as the ditch lines have been extended, they have been malring very good use of the water and are now clamoring for extensions m order that they may still further use the waters of the Gila. The Chairman. The flood waters of the river? Mr. Reed. Yes, sir. They claim that they have in the past been deprived of what was their right, and they should have every right to recover as much of their lost water as possible, and this plan car- ries out that idea of reaching as much of their property as is possible. Mr. Campbell. How much land is involved? Mr. Reed. The land that can be reached ultimately, if the whole scheme is carried out, would be between 30,000 and 40,000 acres, but we will reach it only as we can. There are only a few thousand acres now within reach, less than 20,000. The Chairman. Just the low valleys along the river ^ Mr. Reed. Yes, sir. The Chairman. And not the second valleys or the mesa * Mr. Reed. No, sir. The system at Casa Blanca is really a combi- nation of the two. An ancient canal that is now called the Little Gila undoubtedly was a canal built, perhaps, in prehistoric times and was used for years and years, and this is simply an extension so that they can utilize that to the full^t possible extent. The Chairman. The old ancient canal which you speak of is the one that runs between the farm that belongs to the Indians and the town? 156 INDIAN APPKOPaiAIION BILL. l&l". Mr. Reed. It runs right through the edge of the agency, you might say. The Chairman. Is that where you are developing the new system of raising cotton, sea-island cotton ? Mr. Eebd. To make sure of the cotton crop, which requires water all the time and not part of the time, as this would be under the canal system, the development of the high-quality cotton is imder the pumping system, so that they can utilize the flood water when available and in times of drought can get water from the pumping system. That is done on both sides of the river. The Chairman. How much land can you develop imder this old ancient ditch in addition to that already in cultivation ? Mr. Reed. The amount could be made almost unlimited, but it is intended only to cover so much as seems feasible for the Indians. I suppose we will reach, perhaps, 25,000 acres. The Chairman. I see you have another item " for maintenance and operation of pumping plants and canal systems, $10,000." Is that the pumping plant that is on the road to Phoenix ? Mr. Reed. That is across the river. The Chairman. How many plants have you ? Mr. Reed. Ten plants and eight working. The Chair :\iAN. What has become of the old canal system which you had and which was wrecked several years ago by a cloudburst ? Mr. Reed. The one originally constructed by the Reclamation Service ? The Chairman. Yes, sir. Mr. Reed. That canal has not been operated for two or three years. The Chairman. Do you propose operating it in the future? Mr. Reed. Not under any of this fund. The Chairman. When that is put into operation it will not be necessary to use this pumping plant any further ? Mr. Reed. Yes, sir. Unless there was storage it would always be necessary to use the pumping plant for cotton, that needs continuous irrigation during the whole season. That would only divert the flood waters when the river was in flood. The Chairman. Why was it that the Government spent so much money in building this large ditch — quite a lot of money was spent for that purpose? Mr. Reed. Yes, sir; quite a large amount of money; but I do not know that I could give you all the reasons. I was not connected with the service when it was done. The Chairman. The Reclamation Service had charge of that work? Mr. Reed. Yes, sir. I suppose that this was only a portion of a much larger and greater development that must have been contem- plated, because when alone and independent of anything else it is net and can not be a success, but as a part, a unit of a. larger system it might have been a success. I presume that the building of this was considered only a unit of a system of much greater magnitude. The Chairman. How much irrigation water can be supplied to the Indians by the wells which you are now operating? Mr. Reed. Do you mean the land bn the' north side of the river? The Chairman'. Yes, sir. INDIAN APPEOPKIATION BILL, 1917. 157 Mr. Reed. Ten thousand acres, it is contemplated. The Chairman. How much is being operated successfully at the present time by the Indians? Mr. Conner. Three thousand nine hundred and sixty acres. '. -_ The Chairman. How many families on those lands, Indian fami- lies, are using this water at the present time? ; Mr. Reed. They are allotted in 10-acre tracts. The Chairman. Then quite a number of Indians are using the water from the wells? Mr. Reed. Yes, sir ; and quite successfully. The Chairman. I desire to ask you this question: Is that watep as good for irrigation purposes as the water from the river ? '.. Mr. Reed. Probably not quite. It requires a different treatment of the soil and of the system than would the water of the river. How- ever, the water of the river has its drawbacks, and so it is a question of whether one is not as economical in the long run as the other. The water from these wells is not charged nearly as heavily with mineral salts as is the water of a great many other districts throughout the Southwest, especially in New Mexico and western Texas. The Chairman. Does the flood water fertilize the land more than the well water and leave it in better condition after the flood ? Mr. Reed. The flood water brings a silt with a portion of which is a fertilizer. The other portion is a sand, which is not a fertilizer and is a detriment in so far as it has to be removed from the canals and ditches and structures. However, it is generally conceded that the silt from the Gila River is beneficial to the land. The Chairman. Is it not a fact that when you have a flood coming down the river that the water is more heavily charged with matter that would be beneficial to crops than the natural flow of the river when it is clear ? r Mr. Reed. Yes, sir; at high floods the salt content is less in the water and the silt sometimes is greater. So you have an advantage i^ one and have a disadvantage of the other partially removed. The Chairman. It is your idea that the whole $30,000 can be used beneficially for the Indians, as indicated by the amendment? Mr. Reed. I have no doubt. I do not Imow of any place where funds can be applied to better advantage. The Chairman. Is this land equal to the land around Phoenix? Mr. Reed. It is fully as good. The Chairman. What is the land around Phoenix that is under ditch selling at ? Mr. Reed. The last time I made inquiry it was running up into the hundreds of dollars per acre— two or three hundred dollars. The Chairman. That is under ditch? , Mr. Reed. Yes, sir. The Chairman. And this Indian land is as valuable? . Mr. Reed. It is fully as valuable. The Egyptian cotton grown on this Indian land is considered the best anywhere, beating Egypt itself in the production of that high-qualitv cotton. ; Mr. Carter. What is the necessity of changing this language? ; Mr. Conner. Part of that is on account of some additional con- struction provided for this year, whereas last. year's appropriation was simply for maintenance and the purchase of electricity. 2052T— 16 11 158 INDIAN APPEGPRIATION BILL, 1917. Mr. Cartee. You must have same additional construction? Mr. Conner. Yes, sir; to complete the remaining pumping plants and to bring into cultivation and direct irrigation 1,000 acres of additional land. Mr. Carter. Did I understand you to say that this irrigation sys^ tern was all by wells or by wells and flood water, too? Mr. Conner. This is a combination project. The Chairman. How many new pumping plants do you propose to install with this appropriation? Mr. Conner. This provides for the completion of two which are now in operation and two new ones, I think, and two that are partly completed. The Chairman. How many are in operation now? Mr. Conner. Eight of them, I think. Mr. Reed. There are eight in operation. The Chairman. What do they cost each? Mr. Conner. The $20,000 estimated for construction is proposed to be expended as follows: Four miles transmission line, at .$1,500 $6,000 Equipping two wells dug by tlie United States Reclamation Service with macliinery, pumps, motors, housing, etc., at $2,000 4, 000 Digging two new wells and equipping same as above, at .$3,000 6,000 Lateral ditches and necessary structures, such as drops, checks, measur- ing gates, etc., for 1,000 acres of new land 4 000 Total 20,000 _ The Chairman. You divide it so as to provide $20,000 for these new wells, and for maintenance and operation of the pumping plants and canal systems, $10,000, making in all $30,000? Mr. Reed. That is for the operation of the old ones and the com- pletion of some new ones. The Chairman. The $20,000 is for the completion of the new ones? Mr. Conner. Yes, sir. The Chairman. So you have it separated in that way? Mr. Conner. Yes, sir. The Chairbian. How deep do you have to go for this water? Mr. Conner. In some places over 200 feet. Mr. Reed. They run from 180 feet up to 280 feet. Mr. Carter. What do you spend the $5,000 for? Mr. Reed. In the construction, you mean ? Mr. Carter. Yes. Mr. Reed. Some of these wells were partially constructed by the Reclamation Service ; the well itself was dug and the caisson was sunk, and this is for the completion of those wells. Mr. Carter. It would not erst $5,000 to dig a well? Mr._ Reed. That means putting in the caisson, the pump, and the electrical appliances. You see, they are all pumped by electricity developed at the Roosevelt Dam; and it is also for extending the power line to them, and then the ditches in connection with them. It is for completing the system. Mr. Carter. It is not only for the digging of the wells but for unning the ditches, etc.? INDIAN APPEOPEIATJON BILL, 1917. 159 Mr. Reed. Everything in connection with the wells and for the delivery of water from underground to the land. Mr. Norton. How much land will each well irrigate « Mr. Reed It was originally figured by the reclamation service that each well would irrigate 1,000 acres; they, perhaps, will average that, borne of them are stronger than others and furnish consider- ably more water. There is a variation, we find there, of over 50 per cent. ' Mr. Norton. How many wells have you now ? Mr. Reed. Eight. Mr. Norton And for the maintenance of those eight wells you estimate $10,000 a year? "^ Mr. Reed. Yes, sir. Mr. Norton. Are there eight in operation? Mr. Reed. Yes ; and that includes, of course, the purchase of power and everything m connection with their maintenance, upkeep, and operation. , Mr. Norton. How much land is actually under irrigation now and being improved? Mr. Conner. Three thousand nine hundred and sixty acres actually irrigated at this time. Mr. Norton. And cultivated? Mr. Conner. Yes, sir. Mr. Meritt. I might add that the Pima Indians are making splen- did progress under the direction of Supt. Thackery, and we are anxious to afford these Indians who are hard workers every oppor- tunity to develop their allotments. The Chairman. On what agency is Supt. Thackery? Mr. Meritt. He is superintendent of the Pima Indians. The Chairman. Where are his headquarters? Mr. Meritt. At Sacaton, Ariz. The Chairman. Is there anything else you desire to add to what we have in the record here, any documents or anything else ? Mr. Meritt. No, sir. Thereupon, a recess was taken until 2 o'clock p. m. Ara'ER recess. The Chairman. The next item is: For the construction and repair of necessary channels and laterals for the Utilization of water in connection with the pumping plant for irrigation pur- poses on the Colorado River Indian Reservation, Arizona, as provided in the act of April fourth, nineteen hundred and ten (Thirty-sixth Statutes at Larfje, page two hundred and seventy-three), for the purpose of securing an nppi-o- priation of water for the irrigation of approximately one hundred and fifty thousand acres of land and for maintaining and operating the pumphig plant, $2-5,000, reimbursable as provided in said act, and to remain available until expended : Provided, That the Secretary of the Interior be, and he is hereby, authorized to expend not exceeding .$50,000 from the proceeds from the sale of town lots on the Colorado River Reservation, arising under the act of April thirtieth, nineteen hundred and eight (Thirty-fifth Statutes at Large, page seventy-seven), for continuing construction of said pumping plant, together with the necessary canals and laterals for the utilization of water in connection therewith. 160 INDIAN APPKOPEIATION BILL, WH. " "What is your justification for that item? _ . . ^ Mr. Meritt. We offer the following justification for this item : Irrigation, Colorado River Reservation, Ariz, (reimbursable). Fiscal year ending June 30, 1916, amount appropriated $15. OOP. 00 "Fiscal year ended June 30, 1915 : Unexpended balance from previous years 1, 402. 86 Amount appropriated , . 15, 000. 00 16, 402. 80 Amount expended 14, 552. 78 Unexpended balance 1, 850. 08 ANALYSTS OF EXPENDITUKES. Salaries, wages, etc $11, 646. 31 Traveling expenses 201. 71 Transportation of supplies 69-5.85 - Forage 293. 88 Fuel 491. 02 ■Equipment, material, etc 1,16.5.61 Miscellaneous 58.30 14, 552. 78 Indian Tribes: Mojave and Chemihuevi. Number of Indians . 1, 300 Area of reservation, acres 240, 64,0 Area irrigable from constructed works, acres 3, 500 Area actually Irrigated, acres 1, 017 Area farmed by Indians, acres 007 Area farmed by lessees, acres 110 Area of whole projects, acres 11, 000 Cost of irrigation construction $123,819.82 Cost of irriagtion operation, maintenance, and miscellaneous $8, 648. 54 Estimated additional cost to complete project $110, 000. 00 :Est!niated total cost of irrigation, per acre $23. 00 Avei'age value of irrigated lands, per acre , $150. 00 Average annual precipitation, inches ; 4 Source of water supply : Colorado River. Market for products: Local and general (good). Distance from railroad : 1 to 10 miles. This reservation embraces lands lying along the Colorado River in the vicinity of Parker, Ariz., and is the home of about 1,200 Mojaves and a small number of Chemihuevis. The present pumping plant, taking water from the Colorado River, was con- structed in 1911-12. Since that time the plant has been operated and such ex- tensions made to the canal system as were required for the lands put under cultivation. The pumping plant consists of the most modern pumping machinery, housed in a substantial concrete building. It is capable of delivering 50 second-feet of water continuous How, sufficient to irrigate 0,000 acres of land under a duty of water of 4 acre-feet per acre. Land in allotments of 10 acres each were given the Indians in 1912, and many of them have made considerable progress in clearing and farming their allotments. All the lands under the present ditch system has been allotted, and as the. Indians living along the Colorado River and its tributaries, now ■witliout allotments, are entitled to allotment on this reservation, it is necessary to irrigate more land to satisfy their needs. It was, to meet these requlrenients that the ditches have been extended from -time to. time. Thtj operation and maintenance cost of the power plant, and the maintenance of the canal system, comprising some 15 miles of laterals and ditches, is included in this amount. The maintenance cost of the ditches is INDIAN APPEOPKIATION BILL, 1911. 161 comparatively large, owing to the great amount of silt suspended in the Colo- rado River water. Much of the heavier silt is precipitated in the settling hnsin, which is a part of the pumping plant, and is sluiced back into the river, but considerable quantities are carried through and deposited in the ditches, so tliey nmst freciuently be cleaned out. The remaining .$17,000 of the $25,000 requested is needed to extend the pres- ent canal system to irrigate a large number of allotments not now supplied With Irrigation facilities. ;' In addition to the present machinery, it is proposed to Install a new engine and pumping unit with a portion of the $50,000 funds derived from the sale of town lots, which this act will make available. The reinforced concrete engine house, pump pit, and forebay will require no enlargement, and the balance of the funds will be used to extend and enlarge the canal system to reach the allotments which are being made to these Indians. There are several hundred individuals still to be allotted, and little progress can be made toward this until the irrigation system is extended so that the Indians may go upon the laud and make their homes and a living thereon. ; The Chairman. About how many Indians are on this reservation? Mr. Meritt. About 1,200 at this time, but there are other Indians along the Colorado River who are entitled to allotments on that reservation. The Chairman. How many allotments have been made on. this reservation ? Mr. Meritt. Practically all of the Indians on the reservation have been allotted. . The Chairman. Are there any surplus lands after they have been allotted? Mr. Meritt. Yes, sir ; there are more than 100,000 acres of surplus lands after the allotments have been made. , The Chairman. Does the water come from the main Colorado Elver? T\4^T IVIebttt jl gs sir. The Chairman. The supply is practically unlimited, is it not? Mr. Meritt. We have ample water. Of course, it is necessary to have a pumping plant and laterals to distribute the water. The Chairman. If the water comes from the river, is it necessary to construct a dam at the pumping plant in order to raise the water or does it have to come from the main flow of the river? Mr. Meritt. No, sir; it is not necessary to construct a dam to complete the project that we have planned. ..,.,, The Chairman. Is there not a project for putting m a dam them which would make it a gravity system, or is the water sufticiently high to make that unnecessary? Has not the department contem- plated putting in a dam at that place, and have not plans and speci- fications been drawn for that purpose; is not that so? Mr Reed. No; not entirely. The Reclamation Service some years aeo made a preliminary survey at a point above the reservation called Headgate Rock. However, nothing but tentative plans were ever made ; they were not completed. The Chairman. That is what I had in mmd. , . . ^. ., Mr Reed. This project was not for the purpose of irrigating the Indians' land alone but to make it a ^o^^bif ^ P^°]%* *«//""f *® both for the white men and the Indians After that after the Rec- iTmation Service had passed this over, the State of Arizona wanted to take it up and had some legislation -passed, permitting a Carey Act project to go in there; they had a certain time in which to 162 INDIAN APPEOPKIATION BILL, ISl?. interest capital, but trouble came on in irrigation securities and they could not raise the money, and the thing lays right there. The Chairman. So it has all been abandoned and there will be no chance for the United States Government to go ahead with it?' Mr. Reed. Possibly at some future date. But these Indians, de- pending upon a project of that kind, would not be able to have water for some time. It would take from 5 to 10 years even if the project were initiated to-day. The Chairman. Suppose it did take them 6 or 10 years to get this project in such shape as to furnish the water by gravity in con- nection with the irrigation service, would it not be better to wait than it would be to spend so much money to lift the water from the river by a pumping plant and supplying the Indians? Mr. Reed. I think not. The Indians are profiting by this, and they are able to make a living. If at the end of 5 or 10 years a gravity plant should be put in that would absorb the present project, there would be salvage, to a certain extent, from the pump- ing plant itself, but the distributing sj'stem would be the same and the loss would be minimum and not nearly so much as the gain to the Indians in using that water for the 5 or 10 years, both in produc- ing their food supply and in educating them in agriculture. The Chairman. What have you to say as to the pumping plant being a more expensive proposition and being a perpetual charge on the Indians? Would it not be better to wait and get a gravity system and put in a large plant for the whites and Indians together ? Mr. Reed. I think not. The Chairman. Mr. Meritt, has the department ever had that under consideration ; that is, as to which would be the better of the two systems? Mr. Meeitt. You mean the systems on this particular reservation? The Chairman. Yes, sir; whether it is better to follow up the plan you have adopted of pumping the water from the river or wait- ing until the irrigation service has put in a large dam, and in that way supply water to the Indians by gravity. Mr. Meritt. It was necessary for us to get the water on the allot- ments immediately so as to get those Indians started to making a living; therefore, we were not able to wait until this large irrigation project might be constructed by the Reclamation Service. The Chairman. Then this is an emergency proposition at present, is it not? Mr. Meritt. It is more or less of an emergency, because we want to get the Indians on the allotments so that they can go ahead and make a living. The Chairman. Are any of them making use of the water at the present time? Mr. Meritt. Some of them are beginning to make beneficial use of the water. The Chairman. About what percentage of them are making bene- ficial use of the water? Mr. Meritt. There are 907 acres of irrigated land cultivated at this time. The Chairman. How much do you give each Indian family ? Mr. Meritt. Ten acres is the allotment. INDIAN APPEOPEIATION BILL, 1917. 163 ?r^® Sr^"^^*^^^^- ^^ ^ family or to an Indian separately? Mr. Meritt. To each Indian; 10 acres to each Indian. And in addition it is necessary for us to go ahead and make use of the water so as to preserve the water rights of the Indians. The Chairman. Can you not do that without extending the sys- tem as you now contemplate ? Will not the pumping plant that you now have m existence preserve the rights of the Indians without adding to it ? Mr. Meritt. The existing pumping plant will only provide water tor a limited acreage and we want to extend the acreage to be irri- gated. * The Chairman. With a limited acreage and the use of the water on that acreage, would not that be sufficient to preserve the Indians' rights ? Mr. Meritt. That would only preserve the water that is used on that particular land. The Chairman. Do I understand you to say that you have to put water on all of the Indians's lands in order to preserve their rights? Mr. Meritt. We find it very much to the advantage of the In- dians to get the lands under cultivation at the earliest possible date, so that there can be no question about the water rights. The Chairman. Well, the point I am making is this : Even if only a part of the Indians, or a small percentage of them, are using the: water of the river for the tribe does not that preserve the water of the river to the tribe? Mr. Meritt. No, sir. The Chairman. Or does it only preserve it to the Indians who are! actually using it? ' Mr. Meritt. Under a strict interpretation it only preserves it to, the Indians who actually use water. However, we contend, under the Winter's decision, that certain water rights of the Indians can not be taken away from them ; but that, of course, is in dispute. The Chairman. Now, how much is it proposed to expend in the new project? Mr. Meritt. $50,000 in the new project. The Chairman. What town lots are those that you have been sell- ing — in what town? Mr. Meritt. In the town of Parker. The Chairman. Is that on the river about this irrigation plant? Mr. Meritt. Yes, sir. The Chairman. Now, the dam which it is proposed to build would still be above this town of Parker, would it not ? Mr. Meritt. Yes, sir. The Chairman. And if that dam and irrigation plant are carried out as designed by the State and by the Eeclamation Service, you would furnish water to the people who are buying lots in the town of Parker and you would furnish water to the whites on either side of the river, on the California side and on the Arizona side, would you not? Mr. Meritt. Well, I am not familiar with the extent to which that would apply. ; The Chairman. You could do that on one side of the river as well as on the other, if the dam was above? Mr. Meritt. I think so. 164 INDIAN APPBOPEIATION BILL, 1911; The Chairman. Looking to the future, would it not be better for the Indians to be supplied from this large plant than to temporarily extend the works, as you are now contemplating ? Mr. Mekitt. That would probably be so if we had any assurance, that this project would be carried out in the near future, but the reclamation fund, as I understand it, is short in the southwest, and it will be years before this project is constructed. The Chairman. Are you aware of the fact that we have been sell- ing bonds for the construction of these irrigation works? 'Mr. Mehitt. Yes, sir. But, as I say, I understand the fund is somewhat short. ; Mr. Reed. I might say, in regard to the water supply, that the Reclamation Service in one of its former reports stated that it was doubtful whether there was a sufficient water supply for the large, project that was at first contemplated and that was contemplated by the State. They are not certain yet in their minds that there is water for this gigantic project, without storage at its headwaters. On the other hand, the Indians undoubtedly have a right to the water in sufficient quantities to irrigate their holdings. ( The Chairman. Do you means as a tribe, or as individuals, as Mr. Meritt has suggested? Mr. Eeed. Well, as a tribe, probably ; but the title perfected by the individuals. They initiated it as a tribe some years ago. As far back as the early sixties there was an old ditch, known as the Grant ditch, dug there, beginning from this Headgate Rock, at the same point the other people have contemplated building a dam, and some water was lised. But they had trouble, the tunnel caved in, and it was gradu- ally allowed to fall into disuse. A few years ago Congress appro- priated a certain sum of money for the purpose of rehabilitating this water right, and under the laws of the States of Arizona, and, in fact, nearly all of the arid States, the title is perfected by beneficial use only. And in the wotk that we have done there we have tried' to advance each year, in order to show that we are making new ad- vancements, and in that way hold and perpetuate any right as against" others who might come in in the meantime. ' The Chairman. If the Indians have used this water for all these, years would they not have a prior right? Mr. Reed. _ A right, however, can be abandoned under the laws of all of the irrigation States, and they have undoubtedly abandoned. • The Chairman. As against the United States? Mr. Reed. Probably not. The Chairman. These Indians being wards of the United States,' would not the same rule obtain and the Indians not barred? Mr. Reed. I am afraid not. The Winter's decision takes a posi- tion in regard to certain treaty reservations, but this is not a treaty reservation. ._ The Chairman. But the Indians hold it in common as a reserva-. tion, and have comon use. , Mr. Reed. The Indians have lived along that river from prehis- toric times, possibly, but it is probable that the Indian did not do much irrigating himself ; it is more probable that the soldiers, under whom the Indians were then held, did whatever irrigation was done for the purpose of supplying" forage for their stock and food for INDIAN APPKOPEIATION BILL, IQVl. 165; themselves. And I am afraid if we set up the claim of very large irrigation by the Indians at that time we might fail. The Chairman. What apropriation did you have last year? Mr. Meriit. An appropriation of $15,000. The Chairman. I see that in the bill for 1916, which I have before me, it is $15,000, and the estimates now makes it $25,000, and in addition to that you have added this new item of $50,000 from the proceeds of the sale of town lots. Now, how much money has been obtained from the sale of these town lots in the town of Parker? Have you any statement showing that? Mr. Meritt. The following statment is submitted with reference to this matter: Proceeds of toivn sites, Colorado River Reservation, Aris. [Act Apr. 30, 1908 (35 Stats. L., 70-77).] Total receipts to Sept. 30, 1915 $62, 103. 00 Amount reimbursed to the United States on account of expendi- tures from reimbursable appropriations for survey, etc 7, 089. OS Balance in Treasury Dec. 22, 1915 55, 013: 92 The Chairman. Now, if the Indian Bureau has the right to sell these town lots, take the money and use it for some other purpose, where does the United States have any check upon it? You know we have been objecting to that right along. Mr. Campbell. Of course, this item would go out on a point of order. The Chairman. Well, I wanted to get the whole thing in the record. There has been no report made to the Treasury Depart- ment as to the amount of money derived from the sale of these town lots in the town of Parker, and if that is so, how can we appropriate without Imowing how much money has been received? Mr. Meritt. There is more than $50,000 in the Treasury as the proceeds of the sale of these lots, and we could report to Congress, if the committee deemed it desirable, the exact amount of money ■Vre expend and also exactly the amount of money derived from the sale of lots. Mr. Campbell. Points of order are made all the time on matters of this sort when contained in appropriation bills, and I am sure a point of order would be made on this item and, of course, it would The Chairman. I will state that the object was, while we had these gentlemen before us, to get full information about the matter and haye it in the record. This will be a permanent record and will have this whole matter in it, and it can be referred to later if it shpiild come up in some shape. We will pass to the next item : Fdi- improvement and sinljing of wells, installation of pumping machinery, Con^FUCtion of tanivs for domestic and stock water, and for the necessary struc- tures for the development and distribution of a supply of water and for mamte- naiifee and operation of constructed works, for Papago Indian villages m eoutiiern Arizona, $20,000. j'^at justification have you for that? 166 INDIAN APPEOPEIATION BILL, 1917. Mr. Mbritt. I offer the following justification for this item, Mr.: Chairman : Water supply, Papago Indian villages, Arizona. Fiscal year ending June 30, 1916, amount appropriated $20, 000. 00 Fiscal year ended June 30, 1915: ,; Amount appropriated 20, 000. QQ, Amount expended IS, 416. OS Unexpended balance 1, 583. 92. ANALYSIS OF EXPENDITURES. Salaries, wages, etc $5, 705. 11 Traveling expenses 21P. 41 Fuel 82. 21 Efiuipment material, etc 12,330.85 Miscellaneous 69. 50 Total 18, 41 6. OS Indian tribes, Papago. Number of Indians, 4,000. Area of territory occupied, approximately, 8,000 square miles. Estimated number cattle owned by Indians, 40,000. Number of villages benefited, 8. Number additional villages requiring water supply, 15. Expenditures for tbis work, $20,000. The principal requirement of the Papago Indians is a supply of water for domestic and stock purposes. Water should be developed in wells wherever it is possible to do so, for this source is both more dependable and more sanitary than the ponds now in use, as practically every one of these dry up eiich year. A heavy financial loss is suffered each year by the Indians by reason of the, drying up of the ponds. The cattle are driven to the mountain wells and many of them starve, due to the lack of feed in the mountains. The health of the various communities is also endangered by the use of pol-i luted pond water. These ponds simply catch surface drainage, aad are sufBr cient at most for drinking and cooking. The Indians can make no progress toward proper self-support until they are protected from danger of water famine. Without wells and pumping plants their very existence is continually in jeopardy. The Papago Indians, as you know, occupy a very large part of the territory of southern Arizona, which is a country in which it is diffi- cult for a white man to make a living. The greatest need of that country is an adequate water supply. Those Papago Indians are' exceedingly deserving Indians. They have been self-supporting all these years and are making a brave struggle for existence against' unusual conditions, and we would like very much to have this appro- priation so that we can provide those Indians with an additional water supply. The Chairman. I understand those are nomadic Indians, who live by driving their herds of sheep and goats from place to place; is that true? Mr. Mekitt. Yes, sir. The Chairman. And they also have some cattle? Mr. Meeitt. Yes, sir. The Chairman. And they may be here one month and at some other place some other time. They have no settled home; is that true? Mr. Meritt. They move back and forth in well-defined locations. INDIAK APPEOPKIATION BILL, igiT. 167 The Chairman. If we could settle them on some small reservation and allot land to them, where we furnish this water, would it not be a better system to locate them by communities than it would be to let them have all this vast country to roam over? Mr. Meritt. They have been living in this country, Mr. Chairman, and have been accustomed to the unusual conditions there, and have made such wonderful progress that I think it would be inadvisable to remove those Indians to a reservation and place them on land where they would have to live under different conditions from what tiiey have been accustomed to. The Chairman. Is it not a fact, Mr. Meritt, that they roam over an area of more than 100 miles square ? Mr. Meritt. They do roam over a very large area. The Chairman. About how many of these pumping plants do you have scattered over this area? Mr. Meritt. We have constructed only a very few wells for them. The Chairman. I notice you have stricken out the word " eight " in the language " for eight Papago Indian villages in southern Ari- zona." Why do you strike that out ? Mr. Meritt. We want to supply them for all the Papago villages in that country, and we do not want it to be limited to eight Papago tillages. The Chairman. If necessary, you want to supply more than eight villages? Mr. Meritt. Yes, sir ; they occupy a territory about 90 by 100 miles square. The Chairman. Is it not a fact that this is all public land and they have no title to any of the land ? Mr. Meritt. The Indians have title to some of the land, but other parts of the territory is public domain at this time. The Chairman. There is no way then to prevent settlers of the United States, under United States laws, from homesteading this land? Mr. Meritt. The character of the land is such that it will not be taken up as homesteads. The Chairman. What do you mean by that? Is it grazing land entirely with no farm land? Mr. Meritt. Practically no farming land, and it is not very valu- able for grazing purposes. The Chairman. Is this the territory south and west of Tucson? , Mr. Meritt. Yes, sir. ' The Chairman. And extends to the line of Mexico, does it not? Mr. Meritt. Yes, sir. The Chairman. Into that arid, desert region? - Mr. Meritt. Yes, sir. You understand we have title to all the land on which we drill wells. We have it set aside for the benefit of the Indians. The Chairman. Do you get that done by an order of the depart- ment ? '< Mr. Meritt. Yes, sir; through the General Land Office. , The Chairman. The next item is as follows : To enable the Secretary of tht; Interior to carry into effect the provisions of the sixth article of the treaty of June first, eighteen hundred and sixty^eight, between the United States and the Navajo Nation or Tribe of Indians, pro- 1,68 INDIAN APPKOPEIATION BILL, 1917. claimed August twelfth, eighteen hundred and sixty-eight, whereby the United States agrees to provide school facilities for the children of the Navajo Tribe of Indians, $100,000: Provided, That the said Secretary may expend said funda,' in his discretion, in establishing or enlarging day or industrial schools. '■ Mr. Meeitt. Mr. Chairman, I offer the following justification: Fulfilling treaties with Navajoes: Schools, Arizona. Fiscal year ending June 30, lOlG, amount appropriated $100,000.00' Fiscal year ended June 30, 1915: Amount appropriated 100, 000. 00 Amount expended 53, 700. 64 Unexpended balance 1 46, 290. 36, ANALYSIS OF EXPENDITTTRES. ,, ', ; Traveling expenses $33. eSi- Transportation of supplies ^ 1,144.61 Printing, binding, and advertising 145. 33 Subsistence supplies 22. 26 Dry goods, clothing, etc IS. 33 Equipment, material, etc 135. 50 Construction 45, 610. 2.5' Repairs (to plant) 6,591.31 Total 53, 700. 64 The $100,000 appropriation for 1915 was used for increasing school facilities for Navajo children on the following reservations : Navajo, Western Navajo,- ]?ueblo Bonito, and San Juan. Apportionment for the following projects was made: Navajo jurisdiction, construction of a school building at the Chin Lee Boarding' School, completing a capacity at this school for 200 pupils, $20,000. Kepair of the old dining hall at the Fort Defiance Boarding School, costing $4,000. and converting it into a girls' dormitory. The expenditure has provided an increase in school facilities for 40 pupils. Western Navajo jurisdiction, an addition to the dormitory at the boardings school, costiug $25,300. Repairs to an employee's cottage at the boarding school, costing $924.80. The •expenditure has increased the school facilities by 60 pupils. Pueblo Bonito jurisdiction, two dormitories and one employees' building, each costing $10,000, and a shop building costing $1,100. The increase in school fecilities has been 40 pupils. San Juan jurisdiction, two dormitories at Toadlena, costing $18,000. Repairing an old building and constructing a new one at Aneth (the increase has been for 120 pupils), ,$7,000. The total expenditures of this appropriation plus the outstanding obligations amount to $99,034.97, leaving of the $100,000 an unused balance of $965.03. These expenditures have added a capacity of 260 pupils, making the present capacity of the Navajo schools 1,500 pupils in a country where it is estimated there are yet 5,000 children eligible for school for whom facilities have not yet been provided. The chief occupation of this country is grazing. The rather arid region necessi- tates frequent moving of their herds and floclis over long distances to find suffi- cient pasture. Thus fixed and substantial homes are few. Portable houses are more advantageous. A complete and accurate census has not been taken, and figures as to population are largely estimates. Continued and undiminished Gov- ernment aid will be required indefinitely to fulfill our obligations to these people. Mr. Norton. The approximate population of the tribe is what? Mr. Meritt. There are between 25,000 and 30,000 Navajo Indians,' and it is estimated there are 5,000 Navajo Indian children without school facilities. The Government is under treaty to provide the • iThis is not a final balance. The appropriation is used alnwist wholly for construction and obligations are now outstanding , as shown infra. r INDIAN APPKOPEIATION BILL, 1911. 169 'jNavajos with school facilities, and we have 'just begun within the last three years to carry out that treaty provision which has been on the statute books since 1868. '■ The Chairman. They are also nomadic Indians that travel around, are they not? Mr. Meritt. a large number of the Navajo Indians are nomadic and go from place to place. The Chairman. The next item is as follows: For continuing the development of a water supply for the Navajo Indians on ithe Navajo Reservation, $25,000, to be immediately available and to remain available until expended, reimbursable out of any funds of said Indians now or hereafter available. , What justification have you to offer for that? ,' Mr. Meritt. We offer the following justification for that, Mr. Chairman : Water supply, Navajo Indians, Arizona (reimbursaWe) . Fiscal year ending June 30, 1916, amount appropriated $25, 000. 00 Fiscal year ended June 30, 1915: Amount appropriated 25, 000. 00 Amount expended 23, 922. 81 Unexpended balance 1,077. 19 ANALYSIS or EXPENDITUKES. Salaries, wages, etc 18, 258. 60 Traveling expenses 122. 80 Transportation of supplies 781. .52 .Fuel 114.45 Equipment, material, etc 4, 621. 44 Kent 24.00 Total 23, 922. 81 Indian tribes: Navajo and Hopi. Number of Indians 27, 711 Area of reservation, acres 11, 976, 983 ■ Number of wells di-illed ; 135 ' Total expenditures $74, 800. 02 , One deep well, on which drilling is still being continued at 1,000 feet depth, ■It is hoped will yield enough water to be available for irrigation. This well is artesian and is now flowing a few gallons per minute and when completed niay be of sufficient capacity for Irrigation. Otherwise, none of the wells drilled produces enough water for more than stock and domestic purposes, and some others, either from insufllcient or impure water supply, are not of any use. This is the fund from which the well-drilling rigs are operated on the Navajo Reservation, and the necessary pumps, windmills, tanks, etc., bought and installed. The operation and maintenance of the wells must also be met from this fund. This work is considered tlie most valuable in the district. The Navajo and Hopi Reservations are in one of the most arid regions of the United States, and ■ the Indians depend almost entirely upon, their flocks of sheep and goats for ■' their subsistence, with slight help from their few cattle, and by the cultivation during exceptional years of little tracts of land where available. It is necessary to give these wells attention at regular intervals to keep them in good working order. One outfit is kept busy on this work. One hun- dred and thirty-five wells have been drilled or dug since the beginning of this .work and their usefulness can hardly be overestimated. Water for the stock means the utilization of miles of pasture which could not otherwise be used. 170 INDIAN A.PPKOPBIATION BILL, 1917. The Indians benefited by this work number 27,711, and have more thaffl 2,000,000 head of stock, including sheep, goats, horses, and cattle. A great increase In this stock has been made possible since this water development vVas initiated, but large areas are yet almost useless for grazing purposes, due to the lack of water supply, for whicli the funds here requested will make partial provision. The Chairman. This is the same amount that you had last year ? Mr. Meeitt. Yes, sir. The Chairman. Are these Indians self-supporting? Mr. Meritt. Yes, sir. The Chairman. And the grazing land and stock, sheep, and goats, A^'hich they have make them self-supporting? Mr. Meritt. Yes, sir. The Chairman. Would it be practicable or possible to put them on a small reservation and open the rest of the reservation to white settlers? Mr. Meritt. No, sir; because a large number of the Navajo In- dians have found it necessary to move oil the Navajo Reservation and locate on the public domain in the State of Arizona and New Mexico. There are probably 10,000 Navajo Indians off the reser- vation. The Chairman. What authority have they for going off the reser- vation onto the public domain? Is that by permission of the Govern- ment ? Mr. Meritt. By permission of the Government and under section i of the general allotment act of February 8, 1887. Indians can go on the public domain and take up a homestead. The Chairman. Is it not a fact that there has been considerable friction between the cattlemen surrounding this reservation who have cattle out on the range and the Indians who have stock which in- fringes upon the public domain? Mr. Meritt. There was considerable friction until two years ago Avhen we incorporated in the Indian bill the following proviso : That hereafter no part of said sum shall be used for the survey, resurvey, classification, and allotment of laud in severalty on the public domain to any Indian, whether of the Navajo or other tribes within the State of New Mexico Olid the Stnte of Arizona, who was not residing upon the public domain priojc to June 30, 1911. That proviso is in connection with the appropriation for allotment work. The Chairman. And that "has prevented trouble with the stock raisers around this reservation? Mr. Meritt. Yes, sir ; the situation has eased off a little bit since the enactment of that legislation. The Chairman. The next item is as follows : That so much of the provision in the Indian appropriation act approved June thirtieth, nineteen hundred and thirteen (Thirty-eighth Statutes at Large, page €ighty-five), as requires reimbursement for the construction of two bridges on the San Carlos Indian Reservation, in Arizona, be, and the same is her^y, ' repealed. What justification have you for this item? Mr. Meritt. I offer the following justification, Mr. Chairman. The construction of bridges across the Gila and San Carlos Rivers on the San Carlos Indian Reservation benefit less than 25 per cent of the Indians be- longing to that reservation. These bridges are located on the main road run- INDIAN APPROPRIATION BILL, 1911, 171 ning between Globe and Bowie and on the proposed national highway. The greatest benefit from their use will be enjoyed by the traveling public. There are approximately 2,3.50 Indians on the San Carlos Reservation, and •to charge the entire cost of the bridges ($65,000) to them would make a per capita charge of approximately $27, which is very high, particularly wlien it is considered that only about 500 of the Indians will be benefited. When legislation to authorize the construction of these bridges was first introduced in Congress the bills provided for gratuity appropriations. The Indians on the reservation are bitterly opposed to having the cost of the con- struction of the bridges charged against their tribal funds, and their attitude in this respect appears to be justified. The Chairman. Was this recommended by the department as a reimbursable item when we passed the bridge bills ? Mr. Meritt. No, sir; the reimbursable feature was added to the item on the floor of the House, and it was clearly an injustice to the Indians to require them to pay the cost of construction of those two bridges. The Chairman. How far is the San Carlos Reservation or any Indian reservation from either one of these bridges? , Mr. Meritt. The bridges are on the San Carlos Reservation, but they are on the main transcontinental automobile road and they benefit very few of the Indians on the San Carlos Reservation. The Chairman. Would it not be a benefit to them to have a bridge crossing the streams and connecting different parts of the reservation ? Mr. Meritt. It is undoubtedly a benefit to a few of the Indians, probablv 20 per cent of the Indians on the reservation. The Chairman. Looking to the future, would it not make the land more valuable? Mr. Meritt. The benefit accrues more largely to the traveling public than to the Indians, and the appropriations should not, there- fore, be reimbursable and chargeable to the Indians. The Chairman. The next item is as follows : For enlarging the irrigation system for the Irrigation of Indian lands, for ■ protective worlds to prevent damage to irrigable lands by floods, and for de- velopment- of domestic water supply on the Papago Indian Reservation, in Arizona, in accordance with the plans and specifications submitted by the chief engineer of the Indian Service and approved by the Commissioner of Indian Affairs and the Secretary of the Interior, $70,000, to remain available until ex- pended : Provided, That the cost of said project shall be reimbursed to the United States in accordance with such rules and regulations as the Secretary of the Interior may prescribe. What justification have you for this item? Mr. Mjsritt. I offer the following justification, Mr. Chairman : Papago Reservation (San Xavier) irrigation project. Indian tribese: Papago. Number of Indians '700 Area of reservation, acres 69, 200 Area irrigable from constructed works, acres, if water is available— 1, 2.]0 Area actually irrigated, acres i' o-n Area farmed by Indians, acres J- "50 Area of whole project, acres -,oc c? Cost of ii-rigation construction s>29. 1S8. 61 Cost of operation, maintenance, and miscellaneous $o, 383. 42 Estimated additional cost to complete project $150,000 Estimated total irrigation cost per acre ?60 Average value of irrigated lands per acre *loO Average annual precipitation, inches 1- Sourco of water supply : Wells and Santa Cruz River. Market for products: Local (excellent). 172 INDIAN APPEOPEIATION BILL, 1911. ; Distance from railroad : 1 to 4 miles. ' ' The need of an irrigation system for this reservation is very urgent, ine ■floods of 1914-15 so widened and deepened the channel of the Santa Cruz that it is no longer possible to divert water by means of a dam. A levee, for the control of floods, has been built, thus rendering the lands safe from flood damages. ,. . « i, It will be necessary to develop water for this reservation by means ot wells, and about 3,500 acres will be required to provide a 5-acre allotment for each -Indian. ^ ^i. j. ■,■ ■ These Indians at present depend almost entirely on wood cuttmg for a living. , The wood is cut in the Santa Cruz bottom lands on the reservation and sold in Tucson. The returns for the labor expended are very small, and if present con- ditions continue to exist, it can not be expected that these people will make any advancement whatever. That they are inclined to be good farmers when they have the opportunity is shown by the fact that in a corn-growing contest in 1914, in which contestants from the entire State of Arizona participated, a Tapago boy from this reservation won first prize, while another boy from the same reservation was winner of the second prize. In 1914 they had a limited supply of gravity water from the Santa Cruz, but the floods of 1914-15 made it impossible to obtain this water at a reasonable cost. Were they given an ample supply of water that would be available when required, there is every reason to believe that they would equal the Pimns as an agricuJtural people. The following copies of telegrams received from the superintendent of the San Xavier School, Papago Reservation, indicate the gravity of the situation on the Papago Iteservation. [Telegram.] Tucson, October 27, 1915. .. Indian Office, WasJiinpton, D. C: Scores Indian cattle dying Papago country lack of water. Summer raina didn't come to fill charcos and ma,1ority Indians lost summer crops. Urgently recounnend that well drilling be started in Papago country for stock and new da.y schools. More wells absolutely needed on reservation. Work should be continued now. Well drilling in spring will interfere with operation. See pre- vious correspondence. Please wire Superintendent Olberg authority. McQuiGG. Tucson, Abiz., November 8, 1915. Indian Office, Washington, D. G.: Engineer here stopping operation of pumping plants at night for inability of Indian pump men to care for them. Indians asleep and careless and engine equipment broken. Th's order renders it absolutely impossible for Inflians to raise winter crops. If pumps run day and n;ght will have about as much 'water as past three years, but when pumps are stopped half time lowers production more than half. Know by experience that when ditches this soil run dry each day it takes much addit'onal water soak them up again. If irrigation system run this manner will cut acreage down to third what has been irri- gated in past. Indians are cultivating fields depending on pumps, but many will lose seed if allowed to plant under this arrangement. Indians depend on winter crops; some in debt for seed and provisions, and this system will work actual hardship and hunger to them. Indians think with pumps running continuously not sulKcieut water for crops, but floods render old system devel- oping water by Indians themselves impossible. See my letter dated November fifth and copy letter to Superintendent Oldberg November fifth and prior letter sent your office. If more irrigation work not done here reservation Papagea will have depend on cactus and firewood lots for sustenance. Water rights will be in litigation here before long. More wells and electrical equipment absolutely necessary. Electric transformers and equipment purchased and on the ground and crews camped here. Believe work needed here more than at other reservations now. Urgently request work be continued without delay. McQuiGG. / Tucson, Akiz., November 11, 1915. Indian Office, Washington, D. C: Indians give up hope obtaining water by pumping; are determined make . dam ; say only thing can stop them is incarceration In jail. They have no other resources and unless water to raise crops is obtained their families will INDIAN APPROPRIATION BILL, IDll. 173 starve. Construction dam hazardous now they know and last resort, hut Indians are maddened for water; have advised against dam, but Indians thoroughly earnest and determined ; say If it washes out same night they will replace it. Indians intend to work day and night on it. Construction dam will take at least four weeks complete, then very late for crops. Urgently request development work be continued. McQuiGQ. The office on November 12, 1915, wired Superintendent McQuigg as follows : " Tour wire eleventh. Authority granted superintendent of irrigation yes- terday for installation machinery and maintenance of pumps in connection with water supply for Indians Papago Reservation. Office appreciates necessity for supplying Indians your reservation with ample water supply. Legislation is being requested to that end. Every possible action will be taken to protect Interests Papago Indians." These Indians are very anxious to have a water supply so they can begin farming their small allotments. The Chaiejman. About how many of these Indians are to be benefited ? Mr. Meritt. There are about 700 Indians on this reservation. The Chairman. Have they settlements or towns of their own? Mr. Meritt. They live near the city of Tucson on a reservation set aside for them. The Chairman. Are these works designed to cover this reservation only or are they designed to help the whites to some extent ? Mr. Meritt. This appropriation will be used for the benefit of the Indians only. We have a reservation covering an area of 69,000 acres. The Chairman. You speak here of enlarging the irrigation sys- tem for the irrigation of Indian lands. What kind of irrigation is that? Mr. Meritt. It is a pumping plant. The Chairman. How many plants of that kind have you ? Mr. Reed. Four working now. The Chairman. What is the depth of the wells? Mr. Eeed. From 100 feet to 200 feet. No water is obtained above 100 feet in sufficient quantity to install a pumping plant. The Chairman. How much land is being used and cultivated under this system? Mr. Eeed. Some of those wells, the two best ones, really were com- pleted since the last irrigation season. The other two wells were m operation and every drop of water was used beneficially, ihe area is 1,250 acres. i i j j: The Chairman. About how many acres does that supply land tor agricultural purposes ? i, n , j. • j. Mr Eeed. They have not yet segregated these old allotments into smaller allotments. The Indian is ultimately to have 10 acres in- dividually, but at the present time it is in larger bodies and in irregu- "^ The Chairman. How is it controlled so as to prevent the Indians having trouble among themselves as to the land they shall cultivate * Mr Eeed. Up to the present time the agent has been able to keep down any trouble of that kind. There has been no trouble among the Indians about the use of the land or the water. The Chairman. Mr. Meritt, why is it they have not heretofore di- vided that land among the Indians? Do you know of any reason 20527—16 12 174 INDIAN APPROPRIATION BILL, 191*7. "why it could not be done like it has been done on the Colorado Kiver and other reservations in southern California ? Mr. Mehitt. Prior to the establishment of this irrigation plan we did make allotments to some of the Indians in larger areas than we otherwise would allot, but under this irrigation plan it is our purpose to allot about 10 acres each to the Indians so they will share equally in the property of the tribe. The Chairman. Do you not think it would tend to keep peace among the Indians and be better all around for them to have their lands allotted before this water is furnished to them in order to pre- vent trouble like you have had out in southern California, which has been pending for a long while ? Mr. Meeitt. Yes, sir ; I think it would be well to arrange the allot- ments as early as practicable. Of course, a 10-acre allotment without an adequate water supply is of practically no value ; but if we can get a water supply for 10 acres it is ample in that country for an Indian to make a living on. Mr. Eeed. May I explain the necessity for immediate action? The Chairman. Certainly. Mr. Heed. There has been a great development in the vicinity of Tucson in the underground waters. The same company that has de- A'eloped the water there has now gone above on the same river and in the same watershed and is starting in on other pumping projects. The Chairman. On the public domain ? Mr. Reed. Yes. Of course, they are taking it up under the public land act. Now, the lower one, undoubtedly, had no effect on us be- cause it was on the lower side, but the one they are starting now, and have already begun, is going to draw from the same source of water that the Indians need water from. Formerly these Indians liad that water, or a portion of it, because it was forced out and the bank not washed aAvay, and they were able to get gravity water and did years ago to some extent. But this country, like all the pasture countries, has been stocked, and the water comes in floods and has torn the old channel all to pieces and the water has sunk. They can not get it any more, and it must be brought up in wells. The white man has taken advantage of this condition and has his wells, and the new wells that he is about to develop above us will undoubtedly take from this.supply, and in a very little while, within a, short time, comparatively speaking, the water will probably be so low that you can not reach it within economic limits. The Chairman. Does not the same rule apply with reference to the underground flow as applies to the waters above ground ? Mr. Reed. No. The Chairman (continuing). With reference to prior rights and use of water? Mr. Reed. They have been rowing in California over that point for the last 30 years, and if there is anything fairly settled about it I do not know it. The Chairman. Is it their contention that if a man gees above, on the same watershed, he can take all the underground flow and cut the man below out of everything? Mr. Reed. That is not equity, and I do not know that it is law ; but there is a connection that is hard to make. We set up the claim that they have taken our water and they set up the claim that they INDIAN API'EOI'EIATION BILL, 1917. 175 have not. It is pretty hard to trace that water for 10 or 15 miles underground, although it is in the same watershed. The Chairman, muld it be of any benefit to them for us to spend this money if the people above them can use all the water that we might expect to reach them ? Mr. Reed. That is true unless we can make the other rule apply. And I think there would be no doubt of that because at the same time we are getting in here we might affect the fellow below us, and they are all the same people. The Chairman. It would I e a sort of question of robbery and the strong would take all the water from the weaker ones; is that it? Mr. Beed. No ; there could be a settlement made there" and per- haps a decree entered which would adjudicate everything. The Chairman. Is there no opportunity there for building a sur- face dam so as to hold water sufiicient to benefit these Indians instead of taking it from wells as you propose? Mr. Eeed. No; the Santa Cruz is a broad, flat valley completely, so far as experiments have shown, underlaid with gravel without any Folid foundation within economical limits. There has been explora- tion over a great many miles, but no place has been found where it is feasible to construct a surface reservoir. The Chairman. I know that at the head of the river it is a flowing stream. Mr. Reed. And that flowing stream is undoubtedly part of the source of water we are pumping. Mr. Meritt. Mr. Chairman, the important point in connection with this appropriation is that if we do not get appropriations this year those Indians may lose their opportunity to iri'igte that land because the water may be taken by this development company. Mr. Norton. Mr. Meritt, why would it not be taken by the develop- ment company next year or the following year even if the wells you have planned here were sunk for the Indians? Mr. Meritt. If we should sink these wells and get the water on the Indian allotments we could go into court and enjoin that company from taking the water we are using. Mr. Norton. Could you enjoin the company from sinking wells above you at a higher point ? Mr. Meritt. We could, if it deprived the Indian of the water he was already using from wells sunk. We will be in a very much bet- ter position to protect the water rights of the Indians with the wells in operation. The Chairjian. Would not this item come within the provisions of the irrigation law we passed a few years ago which prohibited the undertaking of any of these projects without first submitting the matter to Congress and getting its approval. Mr. Meritt. We have already submitted the plans to Congress as required by law. The Chairman. Then this falls within the law? Mr. Meritt. Yes, sir. The Chairman. The next item is as follows : For the construction of a dam with bridge superstructure and necessary controlling works for diverting water from the Gila River for the irrigation of Indian, land and allotments on the Gila Eiver Indian Reservation, Arizona, as recommended by tlie Board of Engineers of the United States Army in para- 176 indiajst appropriation bill, 1917. graph two hundred and seventeen of its report to the Secretary of War of February fourteenth, nineteen hundred and fourteen (House Document Num- bered Seven hundred and ninety-one), $200,000, to remain available until ex- pended, reimbursable as Congress may hereafter provide. What justification have you for that? Mr. Meeitt. I oifer the following justification, Mr. Chairman : Oila River Reservation diversion dam and bridge. Indian tribes : Maricopa, Pima. Number of Indians 1 3, 800 Area of reservation, acres 361, 000 Area irrigable from constructed works, acres 20, 000 Area actually irrigated, acres 16, 000 Area farmed by Indians, acres 16, 000 Area of whole project, acres 50, 000 Cost of irrigation construction $669, 185. 67 Cost of operation, maintenance, and miscellaneous $28, 694. 65 Estimated additional cost to complete project : Not completed. Estimated total cost of irrigation per acre (probably) $60 Average value of irrigated lands, per acre $150 Average annual precipitation, inches 9 Source of water supply : Wells and Gila River. Market for products: Local and general (excellent). Distance from railroad : 8 to 16 miles. Both a bridge and some form of diversion are badly needed at this point, and by combining the two in a single structure the cost can be greatly reduced. The wier is required to divert water for Indian lands on both sides of the river. On the north side practically $200,000 has been expended by the Recla- mation Service in the construction of canals and canal structures for the irri- gation of 15,000 acres of land, but without some means of diversion this system can not be used to distribute river water, since no water can be taken into the main canal at present. Tliis wier will divert water on the south side of the Gila River to supply eventually about 30,000 acres of which at present about 5,000 acres are being farmed. The usefulness of this wier is entirely independent of the San Carlos reser- voir, yet it is designed to work in conjunction with it and is a very necessary part of the San Carlos system. This wier will serve the purpose of diverting water directly from the river. This would mean that whenever there is any flow, no matter how small or how large, in the river the Indians could divert water for their crops. At present, by the expenditure of much time and labor the construction of a long line of brush dams after every flood in the river, they are enabled to divert some water into the old Santan Canal, which waters about 8,300 acres of land. As with all the other headings of this character in the Gila, a very small flood is suflicient to entirely destroy the dam, and by the time the Indians have rebuilt it most of the flow has gone by and sometimes but a few days' use of the dam is all the return they get for the hard labor expended in Its con- struction. The amount of water that could be diverted from the river during the flood periods by means of a permanent diversion would be several times greater than the amount now diverted by the temporary heading. The efeect that this increased supply of water would have on this Indian community in the way of stimulating interest In farming would be very bene- ficial, since the uncertain water supply that they now have tends to discourage efforts along these lines. The bridge is very necessary for the reason that the character of the river throughout the reservation is such that a very little water renders the crossing very difllcult for teams and impossible for automobiles. When the river is dry the sand is so deep that vehicles find difficulty in crossing. At present the nearest bridge is at Florence, 23 miles above the site of the proposed bridge and wier. During the past year the river was impassable for teams for over four months, and for automobiles for about nine months, and INDIAK APPEOPEIATION BILL, 1911. 177 during this time all traffic betwen the north and south sides necessarily had to cross at Florence. Whenever the river can not be forded that part of the reservation lying on the opposite side of the river from the agency is in effect removed 46 miles farther from the office of the superintendent, and this 46 miles is over roads that are often nearly impassable for weeks at a time. About 1,500 Indians live on the north side of the river and 2,300 on the south side. By combining the bridge and wier the wier together with its apron and cut-off walls acts as the foundation for the bridge, and a large saving in the cost of construction is effected. The Chairman. What further statement do you desire to make? Mr. Meritt. Mr. Eeed has recently visited this part of Arizona, and can give any additional information the committee may desire. The Chairman. You may proceed, Mr. Eeed. Mr. Eeed. The old canal constructed by the Eeclamation Service, which you mentioned this morning, has been of very little use on account of the inability to divert water into its head. This dam is designed for the purpose of diverting water into the head of that canal. On the opposite side of the river it is proposed to build another heading which would connect with the Little Gila, before mentioned, and enable a double diversion, one on each side of the river, for the use of the two systems now constructed, the one the old ancient system and the other the one constructed by the Eeclama- tion Service. The waters now flow by there sometimes for a month without the Indians being able to derive any particular benefit from them. They get out there and struggle to make a heading, which may last not more than 24 hours, giving very little benefit. It is very discouraging, and I am surprised that the Indian has kept up as well as he has trying from year to year to get water from the river. The other strong point is the one mentioned in the justification: The agency is cut right in two by a distance of almost 50 miles, and yet the parts are not over a thousand feet apart. They can not get across there, and the administration of that agency is quite hard under those circumstances. The Indians need the attention of an agent, and it really would save the expense of other employees to have a means of getting backward and forward across the river. The Chairman. Is it a sandy river? Mr. Eeed. Very much so. There is no foundation within reason- able reach at this point. • The Chairman. It has a sandy bottom? Mr. Eeed. Yes, sir. The dam would be of what is called the float- ing type. It would be of concrete, but not very heavy. It would be a low diversion on broad foundations, built as many are built in India on the same kind of streams, and on the order of one built on the Colorado Eiver above Yuma, though, of course, this would be much smaller. Mr. Campbell. What do these Indians raise ? _ Mr. Eeed. They raise wheat for their own use, and they are raising cotton. The crop which is now being most profitably produced is Egyptian cotton. Egyptian cotton seems to be almost native tp that country, and it grows there perhaps better than anywhere else m the United States. The Indians, seem to take very well to that kind of work. Mr. Campbell. Do they raise any stock there '. 178 INDL4.N APPEOPRIATION BILL, 1917. Mr. Reed. Very little stock, but some. Their reservation is very small, comparatively speaking, and the grazing is not good. They have some cattle and horses for doing their work, but they are not large in that way. The Chairman. How far above Sacaton is this dam to be s Mr. Eeed. It is about a mile and a half directly. The road carries you a little more than that, but in a direct line it is not over a mile and a half. The Chairman. Now, this dam would be a convenient place from which to take water to the old ditch that was dug several years ago by the Reclamation Service. Mr. Reed. It would head on the north side of the river at that headgate. The Chairman. Now, by rebuilding the old ditch, it would take water down past these wells, and a great deal of Indian lands would be included under that ditch, would there not? Mr. Reed. All of the Indian lands under that ditch The Chairman (interposing). And would not that do away with the necessity of further extending these wells, and would not the ap- propriation, therefore, be useless? Mr. Reed. No, sir; because the Gila River unfortunately does not run all the time. There are long periods when if you could not augment your water supply from these wells you could not make a crop. You could not raise cotton or any of the fruits. You could probably raise wheat, because wheat is planted in the fall and could be irrigated by the natural flow of the water in the river, but none of the other crops could be raised in 9 years out of 10, except by the auxiliary supply obtained from the wells. The Chairman. If the San Carlos Dam is built with a large storage capacity, could not storage water be used to fill this dam? Mr. Reed. Then the wells would not be necessary. The Chairman. That has been recommended by the Interior De- partment, and also by the engineers of the War Department, who made the investigation a few years ago. They reported in favor of the San Carlos Dam. Mr. Reed. The engineers did, provided that certain things were done, and we are trying to tie up those ends right now. The Chairman. Another trouble has been that they have not been able to find bedrock sufficient to put the dam on. Mr. Reed. That is a part of the trouble, but there is no doubt about that question. I think bedrock is there and within reasonable limits. There are other questions that have not been definitely settled. One is the water rights, and that is under investigation. A Department of Justice man was on the ground a few days ago, and will probably file a final report within the next week or ten days. The CiiAiujiAN. If there are any objections, they would be legal objections? Mr. Reed. There is one other engineering objection that the Army engineers think they have overcome, and that is silt. The Chairman. That would be no greater there, or not so great as on the Rio Grande, on which we have spent several million dollars for the Elephant Butte project. Mr. Reed. Yes, sir ; the silt content of the Gila is about the same as the silt content of the Rio Grande. INDIAN APPROPRIATION BILL, Wn. 179 The Chairmax. They come out of the same range of mountains. Mr. Eeed. No, sir; the Rio Grande gets most of its water from Colorado and the northern part of New Mexico, while the Gila gets its waters from the extreme western part of New Mexico and the eastern part of Arizona. Mr. Norton. Did you draw up this proposed legislation or pre- pare the form of it ? Mr. Reed. I did not. Mr. Meritt. We prepared it in the Indian Bureau. Mr. Norton. The language is, "Available until expended, reim- bursable as Congress may hereafter provide." Why do you make it reimbursable as Congress may hereafter provide? Mr. Meritt. I see no objection to having it changed so as to make it i-eimbursable under such rules and regulations as the Secretary of the Interior may prescribe. The Chairman. Is not that the usual language? Mr. Norton. I think that would be better language, because Con- gress might overlook making provision for the fund to be reimbursed. Mr. Meritt. We will be glad to see that change made. Mr. Campbell. I do not know whether we can authorize the Sec- retary of the Interior to pass a law of that kind. Mr. Norton. I notice that the other proposals are put in that form. Mr. Campbell. But this is an entirely new reimbursable proposi- tion. There is a general law under which these irrigation projects have been authorized and reimbursements made from the sale of lands, etc. Mr. Norton. These Indians have no lands to be sold, have they? Mr. Campbell. Whether this would come within that law or not I do not know. Mr. Meritt. They have quite a large reservation and the land is being allotted now in 10-acre tracts. There will be some surplus lands, but whether they will be sold or utilized as grazing lands for the Indians is a question to be determined later. The Pima Indians will ultimately have funds with which to reimburse Congress for any money advanced. Mr. Campbell. Is it the purpose to sell these lands or to make them pay for the irrigation of them ? Mr. Meritt. It is tJie purpose to require the Indians to reimburse the Government for all money advanced for irrigation purposes. Mr. Campbell. That is a general proposition, but whether that would be applied ic these Indians does not appear. Mr. Meritt. This language could very well be changed as I sug- gested, because that is very frequently the language of reimbursable items. Mr. Norton. Would you make it provide for reimbursing the United States according to such rules and regulations as the Sec- retary of the Interior may prescribe? Mr. Meritt. Yes, sir. The Chairman. Why not make it reimbursable in accordance with the act? Mr. Campbell. That might be better. 180 INDIAN APPEOPBIATION BILL, 1911. Mr. Meeitt. That act applies to the placing of water on irrigable lands and would hardly apply to this particular matter. ^ . . Mr. Campbell. I doubt whether the Secretary of the interior could make a regulation which would be equivalent to that law. I think Congress would really have to make it. • j- o Mr. NoETON. Have these Indians any money now to their credit? Mr. Meeitt. No, sir. The Chaieman. If this large dam that the Army engineers have said was practicable is built, would not that put enough of these Indian lands under the ditch, after they have had 10 acres allotted to each one, to give them enough land to sell to raise quite a lot of money? If this large san Carlos project is carried out as indicated, would not that be the result ? Mr. Meeitt. That would supply water for quite a large acreage on the Pima Reservation, but we would still need this dam, even in the event that the San Carlos Dam was constructed. The Chairman. What I mean is this : If this San Carlos Dam is built, would they not have more land under irrigation than they would need, thus giving them surplus land to sell ? Mr. Mbritt. They undoubtedly will have surplus lands on the Pima Reservation. The Chaieman. The railroad runs from Maricopa to Phoenix, and they tell me that that country is all settled. The next item reads as follows : That the Secretary of the Interior is hereby authorized and directed to furnish in perpetuity for the irrigation of 631 Salt River Indian allotments of 10 acres each, to be designated by the Commissioner of Indian Affairs, water from works constructed under the provisions of the reclamation act and acts amendatory thereof or supplemental thereto: Provided, That the reclamation fund shall be reimbursed therefor upon terms the same as those provided in said act or acts for reimbursement by entrymen on lands irrigated by said works, and there is hereby appropriated $20,000, or so much thereof as may be necessary, to pay the initial installment of the charges when made for said water. What justification have you to offer? Mr. Meeitt. The following justification is offered for this item : Salt River Reservation, purchases of water rights, $20,000. Indian tribes : Maricopa and Pima. Number of Indians 976 Area of reservation, acres 46, 720 Area irrigable from constructed works, acres 6, 500 Area farmed by Indians 6, 500 Area of whole project , 9,760 Cost of irrigation construction $6, 471. 04 Estimated additional cost to complete $300, 000 Estimated total cost of irrigation per acre $65 Average value of irrigated land $150 Average annual precipitation, inches 12 Source of water supply : Roosevelt Reservoir. Market for produce: Local and general (excellent). Distance from railroad : 15 miles. The Salt River Reservation lies along Salt River in Maricopa County, Ariz. Its total area consists of 46,720 acres, 24,120 acres of which have been allotted into 804 thirty-acre allotments, each allotment consisting of 10 acres of irrigable and 20 acres of nonirrigable or grazing land. There are 6,7644 acres of culti- INDIAN APPEOPEIATION BILL, IQlT. 181 vated land on the reservation. The Indian census of June, 1914, indicates that there are 976 Indians residing on the reservation. For the adequate allotment of this numher, 9,760 acres of irrigable land is required ; that is, land with a water right. The rights of the lands lying along Salt River, in the water of that stream, including the reservation, were adjudicated March 10, 1910, in what is known as the " Kent decree." Under this decree 2,333 acres of the reservation were awarded the first right in the low-water flow of Salt River, 1,115 acres were awarded an early pri- ority, and 2,107 acres were adjudicated as " B " land, or land entitled to certain rights in the flood waters. A total of 3,448 acres of land are entitled to and now receive water under the decree. As the Indians are now attempting to cul- tivate nearly 7,000 acres, it is obvious that the water supply is woefully de- ficient, and every effort should be made to supply the Indians with additional water. If it is desired to supply each of the 976 Indian inhabitants of this reservation with 10 acres of irrigated land, it will be necessary to furnish 6,312 acres with water, in addition to the 3,448 acres now watered under the decree. This water must either be procured under the Salt River project, from the Salt River Valley Water Users' Association, or from underground sources. In spite of the heavy reclamation charge, amounting to approximately .$65 per acre, it is more economical to purchase water than to attempt to develop the underground supply, owing to the heavy and continuous operating expense. This appropriation is to make the initial payment for the purchase of water rights for 6,312 acres under the Salt River reclamation project and to authorize the Secretary of the Interior to enter into a contract to make additional pay- ments as they become due. This Salt Eiver Keservation lies under the Roosevelt Dam, and there is a very large water supply there which is available and that we can purchase. The Chaiiuvian. Is that on the Indian reservation? Mr. Meritt. This land is on the Salt River Reservation. The Chairiman. Between the Roosevelt Dam and the town of Phoenix ? Mr. Meeitt. Yes, sir. The Chairman. How much land is in that reservation ? Mr. Meeitt. The reservation consists of 46,Y20 acres. The Chairman. How much of that is to be put under ditch ? Mr. Meeitt. About one-third of the land could be irrigated. The Chairman. About 10,000 acres? Mr. Meritt. About 15,000 acres altogether. Mr. Norton. Did you say that the cost of construction was $65 per acre? Mr. Meritt. About $65 per acre for the water supplied. Mr. Norton. For the area irrigated? Mr. Meritt. Yes, sir ; and the land will be worth anywhere from $100 to $300 per acre. Mr. Norton. Is it the same as the land around I'hoenix ( Mr. Meritt. It is the same quality of land, but, of course, it is not quite so valuable because it is not as near Phoenix. The Chairman. The next item is as follows : For extension of the Ganado irrigation project on the Navajo Indian Reserva- tion, in Arizona, for the irrigation of approximately 600 acres of land m addition to the area to be irrigated by said project, as authorized m section 2 of the act of August 24, 1912, $20,000; and for maintenance and operation of the project, $3,000 ; in all', $23,000, to remain available until expended. What justification have you to offer for that item? 182 INDIAN" APPROPRIATION BILL, 1911. I t Mr. Mekitt. "We offer the following justification : Navajo Reservation, Ganado project. Indian tribes : Navajo. Number of Indians 24,606 Area of reservation, acres 9, 503, 763 Area irrigable from constructed v^orks, acres 50O Area actually irrigated, acres 200- Area farmed by Indians, acres lOO Area farmed by white owners, acres 100- Area of whole project, acres 1,587 Cost of irrigation construction $64, 466. 95 Cost of irrigation, operation, maintenance, and miscellaneous $1, 216. 87 Estimated additional cost to complete $20, OOO Estimated total cost of irrigation per acre $53 Average value of irrigated lands per acre $100 Average annual precipitation, inches 12 Source of water supply : Rio Pueblo Colorado. Market for produce: Local (good). Distance from railroad : 50 miles. This project was originally planned to irrigate about 700 acres at an expense of $60,100 for its construction. During the progress of the work exceptionally heavy storms damaged various features, so that, together with the cost of addi- tional protection works, the need for which was apparent only after these great storms has made It impossible to entirely complete the project within the amount of the original limit. Some Indians, however, are already Irrigating land under the portion com- pleted. Their great need of udditional irrigable areas and evident desire to take advantage of the opportuuity to farm makes it desirable not only to com- plete the project, but by the expenditure of a few thousand dollars to extend the canal system to land upon the other side of the river not at present included within the area of this project. The total area will eventually be 1,587 acres, and considering the great number of Navajo Indians and the scarcity of even fairly good irrigation projects makes it imperative to make use of every possible acre which may be irrigated. The funds here requested are to complete the project as described, but are also to maintain and operate the system as now supplying water. The Chairman. How much would the cost per acre be if this were added to the first cost? Mr. Meeitt. It is estimated to cost about $53 per acre, and it is estimated that the land will be worth more than $100 per acre after it is irrigated. The Chairman. What do they raise on that land; it is in the mountain range, is it not, where they can not raise this cotton ? Mr. Meritt. They do not raise cotton on this reservation. Mr. Reed. They raise fruits, corn, wheat, and all the vegetables of the temperate zone. The Chairman. "Would the land be as valuable as the land in the Gila River country, in Arizona? Mr. Reed. No, sir. The Chairman. "What is the difference? Mr. Reed. Probably one-half. It will be very valuable to these Indians. It is a long Avay from the railroad and the water is scarce. The Chairman. It is about 100 miles from the railroad, is it not? Mr. Reed. Not quite that far. It is about 50 miles. Mr. Norton. This is a gratuity and is not made reimbursable. Mr. Meritt. This would be reimbursable under the general law or the Indian irrigation law. INDIAN APPEOPEIATION BILL, 1917. 183 Mr. Campbell. It should be so specified. Mr. Meritt. I see no objection to stating it specifically here. Mr. CAMPBELL. Referring to the act, as in the prior cases? Mr. Meritt. I think this refers to the act : Mr Campbell (interposing). That is in the first paragraph. I would suggest that after the words "twenty-three thousand dollars," '""^^^ i'"' P''^'' "^^'^X"" "^"'^ *^«^ ^^■oi'ds "to be reimbursable and." Ihe Chairman. The next item is as follows: ,JZ "'® construction of a bridge across the Little Colorado River, at or near SeoreTJrv of H^i'l'^T'' ^''\^^^'^^' ^ be expended under the direction of the nrfnt,? «hnfi i Interior: Proiudcd. That no part of the money herein appro- priated shall be expended until the Secretary of the Interior shall have ob- tained from the proper authorities of the State of Arizona or the ceunty of Navajo satisfactory guaranties of the payment by the said State of Arizona or by the county of Navajo of at least one-half of the cost of said bridge, and that the proper authorities of the said State of Arizona or the said county of Navajo shall assume full responsibittiy for, and will at all times maintain' and repair, said bridge and the approaches thereto : And provided further, That any and all expenses above the amount herein named in connection with the building and maintaining of said bridge shall be borne either by the said State of Arizona or the said county of Navajo. What justification have you to offer for this item? Mr. Meritt. We offer the following justification: For more than lOO miles along the Little (Colorado River, from the suspen- sion bridge at the Tanner crossing on the road from Flagstaff, Ariz., to Tuba, Ariz., east to Holbrook, Ariz., there is no bridge. The Xavajo Indians live along this river on the south side for more than half this distance and on the north side for the entire distance. All the vast stretch of country north of the ri\-er is inhabited almost exclusively by Indians. Markets for the wool, blankets, silverwork, cattle, and horses of the Indians are all south of the Little Colorado River along the line of the Atchison, Topeka & Santa Fe Railroad. For months at a time during each year these markets can not be reached on account of the high water of the river. It is usually during the high-water periods that the Indians shear their sheep, the raising of which is the principal industry, and it is of great importance that they be able to get their wool to the railroad towns, where they obtain better prices for their products. During the past year for a period of over two months during the shearing season no one could cross the river except by swimming. The Indians were therefore dependent for their market on the local Indian traders north of the river, thereby losing the profit they would have made had they been able to reach the railroad towns and competition. The traders north of the river are all remote from it, as the Indians on both sides of the river customarily trade at the railroad towns, finding it much to their advantage to do so. Besides the loss entailed on account of the flood preventing them from reaching the best markets for their produce, they also suffered because they were unable to obtain supplies. Under stress, some of them braved the dangers of the turbulent torrent and treacherous quicksands of the river and swam and waded across with 40 to 60 pounds of wool on their backs to exchange for food. Many of the Indians were compelled to live on a diet consisting exclusively of mutton, while the proper food for- the children could not be obtained. By reason of the vast stretch of country which would be served by a bridge at Winslow it is Estimated that a bridge at that point would pay for itself within a short time by the increased profits the Indians would be able to obtain by marketing at more competitive places of business. The chief industry of the Indians is the raising of sheep, for the promotion of which industry the Indians should have access to trading centers where there is competition and business is done in cash and not in tokens. At the trading stores among the Indians situated on the public domain the custom obtains of giving metal cheeks instead of coin for the produce of the Indians, the tokens being good only at the stores where issued. The stores are not under the jurisdiction of 184 IKDIAN APPEOPRIATION BILL, 1917. the department and there appears to be no State law against the practice. The evident remedy is competition, and this can be obtained only through better Transportation facilities. The markets of Winslow would also undoubtedly be benefited by the bridge. The superintendent of the Leupp Indian School gives it as his opinion that the proposed bridge at Winslow, Ariz., will certainly be not less than 50 per cent beneficial to nontaxpaying Indians. There are a large number of Indians liv- ing north of Winslow who are compelled to make that town their market on account of the watershed and the difiiculty of crossing the natural drainage at right angles. In addition to the Indians living on the reservation, there will be more directly benefited the Indians living in the stretch of country between the reservation and north of the Little Colorado River. Under present conditions, even when the river can be forded, many of the Indians who have teams and wagons sell to the local Indian traders on the reservation rather than undertake to haul their own produce to market with the possibility that they will be unable to get across the river at Winslow and thus be compelled to buy feed for their teams and wait until they can cross. Of course the Indians and the few whites who live north of the river have to pay for the inconvenience and delay caused by the fioods which keep them from an otherwise excellent market. The little station of Hobson is on the north side of the river, while Winslow is on the south. There is no station agent at Hobson an account of the fact that there is no business except during the floods, which make it impossible for the Indians to get their loads across to Winslow. According to the statement furnished by one of the local merchants, the following amounts of freight were carried across the river by rail during the time it was too high for the Indian teamsters to ford : Pounds. March, 1915 2, 069 April, 1915 5, 785 May 1-20, 1915 4, 701 According to his statement these figures were taken from the records of the Atchison, Tojpeka & Santa Fe Railway Co., and all of the shipments \v«re for Indians and Indian traders, representing a part of the freight which usually crosses the Little Colorado River at this point for the Indian country. In addi- tion to the above a large quantity of goods was delivered by the Winslow stores to points on the river bank and carried across by the Indian teamsters. It is also represented that the figures shown of freight shipped to Winslow from Hobson is but a small portion of the goods, mostly wool and hides, usually con- signed, as many shipments were made direct to Aubuquerque, the railroad billing being made from Winslow on account of the fact that there is no agent at Hobson. In addition much freight is delivered on the river bank and car- ried through the flooded stream by the Indians. The following statement was given by the chairman of the extension com- mittee of the Winslow Commercial Club concerning the difficulties arising from the lack of a bridge : " During the past year we have loaded out to freight teams, for delivery to the Navajo and Hopi Reservations, 300,000 pounds, at the least estimate. All of this freight had to be hauled from Winslow, across the flowing waters of the Little Colorado River, and frequently when the river was dangerous to both life and property. Just last month two loads of freight, going from our store to Indian trading posts, were stuck in the Little Colorado River from sundown until the next morning at 10 o'clock. The Indians returned to our store telling us of their predicament, and reported that they had worked for almost a half day carrying the freight from their wagons in the river, across a stretch of 150 yards, to a point of safety. They were unable to unload all of the freight from their wagons, with the result that they lost 1,200 pounds of oats and other materials. We sent out help the next morning and had to pull their wagons out of the water, and it was some 24 hours later until they were able to again resume their journey to the Indian reservation. " During the past year more than six different Indian outfits have been stuck in the river with their loads. In one case freight destined for the Blue Canyon country was 45 days reaching destination. This was because the freighters were unable to cross the river with safety to either their loads or their live stock. Perishable freight on these loads was utterly ruined when the Indians arrived at destination. In fact I am informed that some of the traders have INDIAN APPEOPEIATION BILL, 1917. 185 trouble in getting Indian freigliters to come to Winslow because of the danger of the quicksand and the untimely floods in the Little Colorado." According to an estimate furnished by the county of Navajo the cost of the proposed bridge is approximately $30,000. Of this amount the county agrees to furnish one-half. Mr. Caeter. The next item is California, sec. 3, "For support and civilization of Indians in California, including pay of em- ployees, $50,000." What justification have you to offer for that? Mr. Meeitt. We offer the following justification for this item, Mr. Chairman: Support of Indians in California. Fiscal year ending June 30, 1916, amount appropriated $42, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated i 42, 000. 00 Amount expended 40, 569. 21 Unexpended balance 1, 430. 79 ANALYSIS OP EXPENDITURES. Salaries, wages, etc 18, 388. 00 Traveling expenses ' 2, 538. 33 Transportation of supplies 853. 55 Heat, light, and power (service) 298.54 Telegraph and telephone service 335. 81 Subsistence supplies . 4, 343. 57 Dry goods, clothing, etc 299. 51 Forage 2, 922. 09 Fuel 2, 386. 07 Stationery and office supplies 57. 05 Medical supplies 2, 097. 58 Equipment, material, etc 5, 005. 91 Rent 18.75 Care of insane Indian 327. 50 Miscellaneous 696. 95 Total 40, 569. 21 The Indian population of California approximates 18,000, under Jurisdiction of 11 agencies, and one school superintendent who has jurisdiction over scat- tered Indians. This analysis excepts the provision for purchase of lands, formerly included, but by the 1915 act made a separate item ; the amount of this appropriation is novv for u.se in the direct administration of affairs of the Indians. The large areas and scattering population increases the difficulty and ex- pense requiring a larger number of supervisory officials and also more traveling. Many requests for absolutely necessary expenses, telegraph, and telephone service, traveling expenses, heat, light, medical supplies, forage, and mis- cellaneous supplies, have been delayed- and also reduced in amounts in the attempt to spread the funds over the large territory involved to the best ad- vantage. Reforms are at present under way which require extra supervision and traveling expenses, if carried out, but the officials are hampered by lack of funds. The unexpended balance shown is covered by obligations. The majority of these Indians have no property, either real or personal : the value of the crops raised is small and they have practically no timber, and many are at times almost in a destitute condition. The total value of crops raised during the fiscal year 1914 aproximates $155,136 ,and the income from leases, $3,683. There are almost 20,000 Indians in California and most of these Indians are very poor, and they need substantial support from the Government. 186 INDIAN APPEOPEIATION BILL, 1917. Mr. Carter. I see you report in the justification the Indian popula- tion of California as 16,000? Mr. Meritt. That is an error. It is nearer 20^000. I have corrected that. Mr. Carter. You ask for $8,000 more this year than you had last year. Wliat is the necessity for that? Mr. Meritt. We find there is a very heavy call on this appropria- tion to assist those Indians and we need an additional appropriation. The Chairman. What will the $8,000 additional be used for? Mr. Meritt. It will be used to supply necessities to the Indians. It will not be used for salaries or for increasing salaries. Mr. Carter. What kind of supplies? Mr. Meritt. We will buy farming equipment for them. There are a great many Indians there who require subsistence. Mr. Carter. You can buy farming implements out of the general item? Mr. Meritt. We could buy farming equipment out of this item or we could buy farming implements out of the reimbursable item. Mr. Caster. The general reimbursable item? Mr. Meritt. Yes, sir. These Indians are very poor and they need some gratuity assistance from the Government to get on their feet. Mr. Norton. I notice in the report of the expenditures for 1915 an item of $4,343.57 for subsistence? Mr. Meritt. Yes, sir. Mr. Norton. And $348.15 for seed. The percentage of the appro- priation expended for subsistence, seed, and supplies for the Indians does not seem to be very large; the greater portion of the amount ap- propriated seems to be expended for supervision? Mr. Meritt. Necessarily on these reservations it requires employees to look after the Indians. Mr. Campbell. How many Indians are there ? Mr. Meritt. There are almost 20,000 in the State of California. They cover a very large area ; they are scattered, and it is rather ex- pensive to look after their interests. Mr. Campbell. The salaries amount to $18,388, and traveling ex- penses to_$2,500 and something. Mr. Meritt. That showing is rather large, I think, Mr. Campbell. There are a number of agencies and the agencies have few Indians under them, and it is more exoensive to administer Indian affairs under conditions obtaining in California than would be the case where we have a large number of Indians on a particular reservation. Mr. Norton. Mr. Meritt, in your estimates for 1917, you estimate an increase of $2,000, approximately, for salaries and wages, and an increase of $1,000 for traveling expenses, making an estimated in- crease of salaries and wages and traveling expenses of $3,000, and you submit for those poor wandering Indians and estimated expenditures of $4,000 for subsistence and supplies? Mr. Meritt. We have been buying land for these California In- dians in recent years and the land is in very small tracts, and it costs fi great deal more to get the Indians on those small tracts than it would under ordinary conditions. Mr. Norton. I just noted, by making a comparison there, that the increased cost of supervision seems to keep just about pace with the amount expended for their subsistence. That is, when you give them INDIAN APPEOPEIATION BILL, 1917. 187 a dollar for subsistence it costs a dollar in superxision to give it to tliem, which seems to me rather high. That is all. Mr. Meritt. Of course, these employees look after their farming operations and try to get them located on the land purchased for tliem. The situation in California is not satisfactory, I admit. Mr. Campbell. Are these Indians improving any under this ap- ]iarently extensive supervision? Mr. Meriti'. They are improving somewhat over conditions that prevailed 10 years ago, because the Indians were really suffering in the State of California a few years ago. Theie was considerable suffering then. The}' had been deprived of their land on which they had been living for a number of years. An Indian would squat on the land and would not get any title, and as the white man came into the country he would take it up as a homestead and drive the Indian off into the mountains. Mr. Campbell. Are the Indians taking better care of themselves than they did — are they giving aid to those who are looking after tliem in caring for themselves? Mr. Mekitt. Yes, sir. We feel that conditions have been mate- rially improved, although we have about 4,000 homeless Indians in California, and we hope to get an appropriation to purchase land for them. Mr. Campbell. That has been going on for a number of vears. How many Indians have been placed in homes in the last year? Mr. Meritt. AYe are utilizing the appropriation of $10,000 now. Y^e have a man out there buying land for these Indians, and that will be shown in the next item. The trouble in the past has been that Congress has appropriated such small amounts for the purchase of land that it has cost too much to buy those small tracts. If we could get a lump-sum appropriation sufficient to buy land for a large number of homeless Indians, we could close the matter up, but Congress has limited the amount to a few thousand dollars, which necessarily has not resulted in the greatest benefit to the Indians. Mr. Norton. How long has this man, who is buymg the land pro- vided for by the appropriation of $10,000, been out there ? Mr. Meriti'. This man has been out there about a year. Mr. Norton. Wliat is his salary? Mr. Meritt. I think it is about $2,000 a year. Mr. Norton. And in addition to that he gets a per diem i Mr. Meritt. He does not get a per diem. He gets his traveling expenses. Mr. Campbell. Does he get subsistence^ Mr. Meritt. Yes, sir; he would get subsistence when away trom headquarters. . , n , i • j. Mr. Norton. What would you estimate would be his expenses to the Government during the last year? Mr. Meritt. Probably $4,000 x,- 416. 02 ANALYSIS OF EXPENDITUBE8. Salaries, wages, etc 39,582.70 Heat, light and power (service) 3,007.97 Telegraph and 'telephone service 251.55 Printing, binding, and advertising 36. 50 Subsistence supplies 22, 849. 33 Dry goods, clothing, etc 13, 550. 61 Forage 1, 137. 36 Fuel 5, 406. 37 Stationary and office supplies 272. 80 Educational supplies 657. 17 Medical supplies 709. 96 Equipment, material, etc 17, 451. 89 Irrigation water 914. 07 Seed 667.70 Rent of land 75. 00 Miscellaneous , 138. 00 Total 106, 708. 98 IiuJiwn scliool, Rircrsidc, Gal., repairs and improvements. Fiscal year ending .Tune 30, 1916, amount appropriated $10, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 10, 000. 00 Amount expended 9, 944. 80 Unexpended balance 55. 20 ANALYSIS OF EXPENDITURES. Repairs (to plant) 9,444.80 Statistical statement for year ending June 30, 1915. Value of school plant, real property , $321, 581. 00 Number of buildings 48 Number of employees 59 Average attendance of pupils 637 Enrollment ' 752 Capacity 650 1 This is not a final balance, as there may be ontstanding obligations yet to be charged against the appropriation. INDIAN APPEOPEIATl.ON BILL, 1917. Cost per capita based on enrollment Cost per capita based on average attendance- Area of school land (acres) Area of school land (acres cultivated) Value of products of school Superintendent's estimate of absolute needs for 1917 ; Support Repairs and improvements New buildings Total Requested in proposed bill : Support and education of 700 Indian pupils at the Sherman Insti- tute Indian School, Riverside, Cal., and superintendent's salary^- Repairs and improvements New buildings Total Superintendent Clerk Do Assistant clerk Do Physician Disciplinarian Assistant disciplinarian. Teacher Do Do Do Do Do Do Do Do Do Do Domestic science teacher Superintendent of industries Industrial teacher Outing matron, six months, at $800 a year Matron Assistant matron Do Do Do Do Dining-room matron Nurse Seamstress Salaries. $2, 600 1,200 1,200 720 700 720 800 600 1,200 720 750 690 660 660 630 630 600 600 600 660 1,000 400 900 600 600 600 600 520 600 780 660 193 ' $160. 59 ' $189. 59 150 100 $18, 777. 26 134, 400 20, 000 24, 000 178, 400 119, 500 12, .500 182, 000 Salaries. Assistant seamstress Laundress Baker Cook Housekeeper Cook Farmer Carpenter Do Tailor Shoe and harness maker Blacksmith Gardener Engineer Assistant engineer Printer Band and musical Instructor Athletic director for three months, at $100 a month Assistant Do Do Do Do Do Do Laborer Do Do Outing agent Laborer 660 500 800 540 500 900 800 720 800 720 800 ,000 ,000 600 600 720 300 400 400 300 300 300 300 300 600 600 600 800 660 Total 42, 980 This is a nonreservation school. It embraces only a small acreage of land purchased for the school by the Government. There is no reservation in the sense of available land for allotment purposes or use of the Indians other than a demonstration farm. The Indian population consists only of the pupils from the various tribes who may be enrolled at the school. The number of pupils contemplated in the proposed bill is 700. This is the only large industrial school in the State of California, and it should be maintained for many years. It is giving the Indian children ex- iThis includes .$7,015.73 used in transportation of pupils and $5,069.87 in the trans- portation of goods and supplies. There was al.so expended $347.22, "Miscellaneous receipts Class IV." 194 INDIAN APPKOPEIATION BILL, 191'7. cellent training, is near large groups of Indians, and is easily filled to its capacity. Screened porches have been added to the dormitory building, wnicn was enalrged in 1914, thus providing accommodations for 50 additional pupils The amount estimated for repairs to buildings and property is $12,500. There are 48 buildings to be kept in repair, covering 40 acres of ground, and this money must also keep the pumping plant and water and sewer systems m repair. Contemplated improvements can not be made for the reason that $12,o00 will be needed for repairs alone, this being about 4 per cent of the value of the school plant and about 4J per cent exclusive of the land. Mr. Carter. I notice that you increase the estimate for general repairs and improvements $2,500. What is the necessity for that increase ? Mr. Meeitt. We have at that school 48 buildings, and the superin- tendent has advised us that the $10,000 will not be sufficient to make the necessary repairs during the coming fiscal year that are abso- lutely needed. . Mr. Carter. Do you contemplate the building of any new buildings there ? Mr. Meeitt. No, sir; simply improvements and general repairs. Mr. Carter. The next item is : For reclamation and maintenance charge on Yuma allotments, $10,000, to remain available until expended and to be reimbursed from the sale of surplus lands or from other funds that may be available, in accordance with the pro- visions of the act of March third, nineteen hundred and eleven. Mr. Meritt. I offer the following justification in support of this item: Irrigating allotment, Yuma Reservation, Gal. (reimbursable). Fiscal year ending June 30, 1916, amount appropriated -, $40, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 40, 000. 00 Amount expended 33, 396. 00 Unexpended balance 6, 604. 00 ANALYSIS OF EXPENDITUEES. United States Reclamation Service for fourth annual installment for building cliarges_-_i $33, 396. 00 Yiiiini Rcscrvtttmi irrigation. Indian tribes : Yuma. Number of Indians 761 Area of reservation, acres 54,000 Area irrigable from constructed work, acres 4, 075 Area actually Irrigated, acres 2, 500 Area farmed by Indians, acres 1, 200 Area farmed by lessees, acres 1, 300 Area of whole project, acres 7, 500 Cost of irrigation construction $135,806.07 Cost of irrigation operation, maintenance, and miscellaneous $13, 610. 22 Estimated additional cost to complete $300, 000. 00 Estimated total irrigation cost per acre $60. 00 Average value of irrigated lands per acre $150. 00 Average annual precipitation, inches 6 Source of water supply : Colorado River. Market for produce: General (good). Distance from railroad : Through project. INDIAN APPEOPEIATION BILL, 1917. 195 This appropi-iatiou is for paymeut of building clmrges for tlie area winch may be supplied with water under completed lateral system. By the approval of the hecretary of the Interior to an agreement between the Indian Bureau and the Reclamation Service, the Indian lands are to take advantage of the law per- mitting payment of building charges over a longer period. The amount here requested will be sufficient to cover that required for the fiscal year 1917 on account of credits which will result from adjustments of the maintenance and operation charges already paid. _ The Indians of this reservation are making a remarkable advance in farm- ing under present conditions and will apparently make excellent use of all their irrigation project. It is a reduction of $30,000 from the appropriation of last j^ear. Mr. Carter. Please explain the necessity for the new language in- serted, " To remain available until expended." Mr. Meritt. On all irrigation projects we prefer that the appro- priation remain available until expended because of the fact that it IS construction work. Mr. Carter. The next item is : For support and education of 125 Indian pupils at the Fort Bidwell Indian School, California, including pay of superintendent, •$22,375; for general repairs and improvements, $5,000; for new school building, $8,000; in all, $35,375. Mr. Meritt. The following justification is submitted in support of this item : Indian school, Port Bidwell, Cat. Fiscal year ending June 30, 1916, amount appropriated $20, 500. 00 Fiscal year ended June 30, 1915 : Amount appropriated 20, 500. 00 Amount expended ' 19, 800. 27 Unexpended balance. 699. 73 Analysis of expenditures. Salaries, wages, etc $9, 934. 62 Traveling expenses. 10. 85 Transportation of supplies 535. 66 Telegraph and telephone service 12. 49 Subsistence supplies. 3, 071. 60 Dry goods, clothing, etc 2, 041. 22 Forage 214. 00 Fuel 1, 223. 52 Stationery and office supplies 217. 45 Educational supplies 225. 63 Medical supplies 205. 19 Equipment, material, etc 2, 103. 54 Miscellaneous 4. 50 Total 19, 800. 27 Indian school, Fort Bidwell, Cat, repairs and improvements. Fiscal year ending June 30, 1916, amount appropriated $3, 600. 00 Fiscal year ended June 30, 1915 : Amount appropriated 3, 600. 00 Amount expended 3, 600. 68 Overdrawn 68 1 This Is not a final balance, as there may be outstanding obligations yet to be charged against the appropriation. 196 INDIAN APPBOPKIATION BILL^ 1917. ANALYSIS OV EXPENDITURES. Repairs (to plant) $3, 600. 68 Statistical statement for year ending June 30, 1915. Value of school plant — real property $'i"i', 396. 50 Number of buildings -0 Number of employees 16 Average attendance of pupils 68 Enrollment 80 Capacity 08 Cost per capita based on enrollment ^ $271. 04 Cost per capita based on average attendance ^$318. 87 Area of school land (acres) 3,087 Area of school land (acres cultivated) 200 Value of products of school ■ $5, 084. Hfi Superintendent's estimate of absolute needs for 1917 : Support $28, 645 Repairs and improvements 2, 500 New buildings 11, 500 Total- 37, 645 Requested in proposed bill : Support and education of 125 Indian pupils at the Fort Bidwell Indian School, and superintendent's salary Repairs and improvements New buildings Total 22, 375 5,000 8,000 35, 375 Salaries. Superintendent $1, 500 Physician 1,000 Teacher 840 Do 600 Industrial teacher 600 Matron 600 Assistant matron 500 Seamstress 500 Nurse 720 Salaries. Laundress $300 Cook. Carpenter . Engineer _. Laborer __. Do 500 720 720 600 600 Total 10, 300 The buildings are not sufficient for the needs of the plant, nor is the equip- ment all that is desired. A new school building is greatly needed, the one occu- pied being an old building, formerly used as a hospital when the United States troops were stationed there. It is not suitable as a school building and its loca- tion is unhandy to the dormitories, the buildings being on top of a steep In- cline 565 feet from the nearest line ot boardwalls along the campus. Eight thousand dollars is estimated for the needed new construction worli. A new up-to-date cow barn is also needed, together with a machine shed to protect machinery connected with the power house and dynamo. The $5,000 estimated for repairs and improvements will be necessary to keep the present 50-year old buildings in proper condition. A number of Indians hold allotments on the public domain who are under the jurisdiction of the superintendent of the Port Bidwell school. He looks after their land affairs under instructions from the office. The total population approximates 700. There has been estimated $22,375 for support of 125 pupils, including the superintendent's salary of $1,500; for general repairs, $5,000; and for new buildings and improvements, $8,000. Mr. Carter. I notice that you increase the allowance for this school almost $2,000? 1 This includes $145.65 used in transportation of pupils and .$1,7;57.62 in the transpor- tation of Koods and supplies. There was also expended .$.B79.62, Miscellaneous receirits, Class IV. INDIAN APPEOPEIATION BILL, li(17. 197 Mr. Meeitt. That is in order to allo\y the reguhir per capita cost that we allow other schools. Mr. Carter. What was the per capita cost of that school last year? Mr Meritt. The per capita cost of that school, Mr. Chairman, was exceedingly high. I will have that matter investigated and find out why it cost so much. Mr. Carter. Then it has already gone above the regular per capita cost 5 Mr. Meritt. In view of the showing made here of the per capita cost, I will not ask for an increase for that school. Mr. Carter. The estimate can be reduced to $20,500 ? Mr. Meritt. Yes, sir. Mr. Carter. What is the necessity for the new school building? Mr. Meritt'. The necessity for the new building is shown in the foregoing justification, Mr. Chairman. Mr. NoRTOA'. How many pupils have you there t Mr. Meritt. It is a small school, and that is one reason why the per capita cost is large. We have an enrollment there of 80 and' an average attendance of 68. Mr. Norton. Is there an increase of attendance contemplated? I thought, perhaps, the increase proposed for the school might be be- cause you contemplated an increase in the attendance. Mr. Meritt. This new building would enable us to increase the attendance and also decrease the cost per capita. Mr. Carter. If we build this building, will it not be necessai y next year to have additional dormitory space? Mr. Meritt. No, sir; I do not think so. We can utilize the old building for dormitory purposes. Mr. Carter. I notice that the per capita cost this year is $318? Mr. Meritt. Yes, sir; extremely high and much higher than it should be. I shall have that matter investigated and find out why there is such a high per capita cost at that school, although you will note that the school is some distance from the railroad and there is a very small enrollment, which necessarily means a higher per capita cost. Mr. Carter. The next item is : For support and education of one hundred Indian jiupiis at tlie Greenville Indian School, California, including pay of superintendent, $18,400 ; for general repairs and improvements, including purchase of additional land for scliool farm, .Z7.-^^^ ^"I"^^ d'Alenes in Idaho: For pay of blacksmith, carpenter, and physician and purchase of medicines (article eleven, agreement ratified March third, eighteen hundred and ninety-one), $3,000. Mr. Meritt. The following justification is oflfered : SUPPORT OF COUER D'ALENE, IDAHO. Fiscal year ending June 30, 1916, amount appropriated $3, 000. 00 Fiscal year ended June 30, 1915 : — Amount appropriated 3 qqo 00 Amount expended " 2' 866 78 Unexpended balance j33 22 Analysis of expenditures: = Salaries, wages, etc 2 714 99 Medical supplies ' i^i' 79 2, 866. 78 This appropriation is required to enable the office to comply with article 11 of the agreement with the Indians ratified by the act of March 31, 1891 (26 Stat., 989-1029), which reads as follows: " It is further agreed that, in addition to the amount heretofore provided for the benefit of said Coeur d'Alene Indians, the United States, at its own expense, will furnish and employ for the benefit of said Indians on said reservation a competent physician, medicines, a blacksmith, and carpenter." The Chairman. The next item is as follows: For maintenance of the sanatorium at Fort Lapwai, Idaho, for incidental and all other expenses for its proper conduct and management, including pay of employees, repairs, improvements, and for necessary expense of transporting Indians suffering with tuberculosis and trachoma to and from said sanatorium, $40,000. What justification have you for that? Mr. Mjeritt. The following justification is offered: ANALYSIS or EXPENDITURES, EOET LAPWAI SANATORIUM. Salaries, wages, etc ,__ $18,073.18 Traveling expenses 1, 356. 91 Transportation of supplies 2,235.66 Communication service 105. 92 Printing, binding, advertising, etc 94.24 Subsistence supplies 5, 955. 78 Dry goods, wearing apparel, etc 2, 425. 96 Forage 337. 98 Fuel, illuminants, lubricants, etc 2, 141. 00 Staionery and office supplies 7. 82 Educaional supplies 134. 65 Medical supplies 819. 98 Equipment, material, etc 3, 586. 64 Construction 7, 108. 55 Kepairs (material) 7, 228. 68 Miscellaneous— 3, 865. 10 Total 55, 478. 05 212 INDIAN APPEOPEIATION BILL, IQlT. Salaries : Superintendent and physi- cian $1, 800 Clerk 1, 200 Seamstress 600 Housekeeper 600 Do 600 Laundress 600 Assistant laundress 500 Cook 600 Assistant cook 500 Nurse 840 Salaries — Continued. Nurse $720 Do 720 Farmer 720 Carpenter . 840 Engineer 840 Dairyman 660 Laborer 720 Do 600 Do 600 Total 14, 260 The Fort Lapwai Sanatorium has been in operation for several years and has now a capacity of 100 patients. The previous statement shows expendi- tures for all purpo.se.s for the institution during the fiscal year 1915, which were paid from the appropriation " Relieving distress and prevention, etc., of diseases among Indians, 1915 " ; but this has become a heavy drain upon this appropriation, and therefore specific provision is requested. The institution has been successful in accomplishing a great deal of good for the Indians who have been treated there. Applications for admission are in excess of its capacity. During the fiscal year 1915 there were admitted 158 patients, representing 41 tribes, suffering from tuberculosis. During the year 41 cases were discharged with the tubercular process arrested and im- proved. The progress- shown is as satisfactory as can be expected in the treatment of so serious a disease as tuberculosis. During the past year an analysis was made of 70 former patients heard from, which showed that in about 87 per cent of the patients discharged they had been able to resume an ordinary mode of living and still retain a fair degree of health. These results go far to establish the fact that young Indians suffering from tuberculosis can be restored to health if properly treated in a sanatorium. The superintendent's estimate totals ,$62,360, including certain construction ■work which he deems necessary, such as the building of a dining hall and kitchen, a dairy barn, and superintendent's quarters. This amount has been materially reduced, as it was not expected that all of these matters would receive attention during the fiscal year 1917. However, the present barn Is entirely inadequate to the requirements of the dairy herd which it is necessary to maintain, and should be replaced by a suitable barn with silos. It may be said in connection with this justification that subsistence for sanatoria can not be figured on the same basis as in the schools for the reason that special diet is necessary in the treatment of tubercular patients and necessitates a greater expenditure. It is believed that for the pay of employees ,repairs, improvements, and necessary expenses of transporting Indians to and from said sanatorium, together with such other incidental expenses, the sum requested is a con- servative one. In view of the fact that during the next fiscal year it will be necessary to maintain sanatoria at Carson, Blackfeet, Turtle Mountain, Mescalero, Pima, and Cheyenne and Arapahoe, as well as the hospitals at Red Lake and Fond du Lac, and possibly other institutions if tribal funds are not available, it is evident the appropriation, " Relieving distress and prevention, etc., of disease among Indians," will be unable to bear the strain of the additional mainte- nance expense, and therefore specific provision for the maintenance of Fort Lapwai Sanatorium is requested. The Chairman. The next item is as follows : Sec. 6. For maintenance of the sanatorium at Sac and Fox Agency, Iowa, for incidental and all other expenses for its proper conduct and management, including pay of employees, repairs, improvements, and for necessary expense of transporting Indians suffering ^\-ith tuberculosis and trachoma to and from said sanatorium, $25,000. INDIAN APPROPRIATION BILL, 1911. 213 Mr. Meriit. The following justification is submitted: ANALYSIS OF EXPENSES, SAC AND FOX SANATOEIUM. Salaries, wages, etc $11,774.94 Traveling expenses 1, 257. 04 Transportation of supplies 274.90 Heat, li,ght, and power (service) .334.49 Communication service 73. 82 Printing, biniling, advertising, etc 2. 20 Subsistence supplies 4, 396. 03 Dry goods, wearing apparel, etc 1,993.89 Forage 429. 90 Fuel, illumlnants. lubricants, etc 670. 39 Stationery and oftlce supplies 26.00 Educational supplies 77. 95 Medical supplies 372. 10 Equipment, material, etc ' 1, 722. 91 Construction 5. 721. 14 Repairs (material) 2, 956. 15 Miscellaneous 211. 71 Total 32, 295. 56 Salaries. Superintendent and physician- $2, 000 Financial clerli 1, 000 Assistant clerk 720 Engineer 900 Nurse 840 Assistant 600 Housekeeper 500 Do 500 Seamstress 540 Cook Assistant cook Laundress Dairyman General mechanic- Laborer Salaries. _ $600 300 500 600 720 600 Total 10, 920 The Sac and Fox Sanatorium, Toledo, Iowa, was established during the fiscal year 1914 for the treatment of tuberculosis and trachoma. The building had formerly l)een constructed and established as a school for the Sac and Fox Indians, Tama County, Iowa, but the school was discontinued several years ago. It will be noted in the foro-oing statement that there Is an item of $5,721.14 for construction. This covered labor and the purchase of material used for installing a heating plant. This, as well as all other sums, was de- frayed from the general appropriation, which was the only fund available. The analysis shown is based on the capacity, 65 patients. Kxtra equipment was purchased during the past year with the Idea that the total space in the buildings would be used to advantage, thus raising the capacity to 88. l !'"• '° Unexpended balance 1, 821. 22 Analysis of expenditures — Construction l'^2. 35 Repairs (to plant) 9, 006. 43 9, 178. 78 Statistical statement for year ending June 15, 1915 : Value of school plant, real property $378, 353 66 66 712 835 700 ' $158. 96 '$184.19 997 486 Number .of buildings- Number of employees Average attendance of pupils Enrollment Capacity ■ Cost per capita based on enrollment Cost per capita based on average attendance- Area of school land (acres) Area of school land ( acres cultivated ) . Value of products of school $26, 548. 51 Superintendent's estimate of absolute needs for 1917 : Support $127, 750 Repairs and improvements 15, 000 New buildings 9, 000 Total . 151, 750 Amount requested in proposed bill, 1917 : Support and education of 750 Indian pupils at the Haskell Institute and superintendent's salary $127, 750 Repairs and improvements 12, 500 Total . 140, 250 Salaries, 1916: Superintendent Principal Chief clerk Property clerk Stenographer Assistant clerk Assistant clerk Typewriter Physician Disciplinarian Physical director and out- ing agent Assistant disciplinarian Senior teacher Teacher Teacher Teacher Teacher $2, 100 1,500 1,500 1,000 1,000 720 600 600 1,200 1,200 1,200 600 1,000 900 810 750 660 Salaries, 1916 — Continued. Teacher Teacher Teacher Teacher Teacher Teacher Teacher and outing ma- tron Teacher, woodworking, and mechanical drawing Teacher, metal working Principal, business depart- ment Superintendent of indus- tries Mason Printer Band leader 660 630 630 630 570 900 840 720 1,200 1,300 780 1.100 720 1 This is not a final balance, as there may be outstanding obligations yet to be charged against the appropriation. = This includes $5,463.05 used for transportation of pupils and $2,643.07 tor trans- portation o( goods and supplies ; $2,964.82 miscellaneous receipts, class 4, was also used. INDIAN APPEOPEIATION BILL, 1917. 217 Salaries, 1916 — Continued. Shoe and harness maker $660 Blacljsmlth 780 Gardener 720 Engineer 1, 100 Assistant englneer_ Dining-room matron . Sewing teacher Cooking teacher Painter Dairyman Assistant Assistant Laborer Laborer Laborer 720 600 780 660 800 860 180 300 720 660 540 Total 50,470 Salaries, 1916 — Continued. Music teacher $750 Matron 900 Assistant matron 660 Assistant matron 600 Assistant matron 600 Assistant matron 500 Nurse 720 Seamstress 720 Assistant seamstress 540 Laundress 540 Assistant laundress 300 Baker 600 Cook 660 Hospital cook 480 Farmer 960 Assistant farmer 720 Carpenter 800 Assistant carpenter 660 The item of .fl27,750 for support of 750 children at the Haskell Institute, ■ and the salary of the superintendent is the same amount that has been provided for several years, despite the fact that the a\'erage attendance has increased from 635 in 1913 to 712 in 1915, and the enrollment from 797 to 835. The $12. .500 requested for repairs :ind improvements amounts to less than 3i per cent of the value of the school plant and only 4.17 per cent of the value of the plant exclusive of the land. The buildings are old and need attention. This amount would be entirely inadequate but for the fact that the Ixiys per- form most of the labor of repairing as part of their instructions. The Chairman. Have you any further suggestion to make about this item? Mr. Mehitt. Nothing ; except to add that Haskell Institute is one of our largest and best Indian schools, and it is being conducted along high grade lines. The Chairman. What is the per capita cost there of each pupil '. Mr. Meritt. $184. The Chairman. Have you any unexpended balance « Mr. Meritt. We have an unexpended balance of $4,713. The Chairman. I see that there is a decrease. That is on account of not estimating for a gymnasium building this year at a cost of $11,000. Has that building been completed, equipped, etc.^ Mr. Meeitt. That building is practically completed at this time. The Chairman. And that is the reason why you have been able to decrease the amount? ATr IVXeritt Ygs sir- Mr! Carter.' I notice that there is an increase of $1,500 for repairs ^'^MrC^^l^Yes, sir. We have at this school 66 buildings; some of those buildings are old, and in view of this fact and the large en- rollment it is necessary to pay more money for ™Pro^;ements the older the buildings get the more it requires to keep tl^e™ ^'^/.^P^?,': This amount is about the same that we ask for other schools m the same class. The Chairman. The next item is: general repairs and improvements .'f;2,000; in all, $16,860. 218 INDIAN APPEpPKIATION BILL, 1917. Mr. Mbritt. The following justification is offered, Mr. Chairman : INDIAN SCHOOL, KICKAPOO RESERVATION, KANS. Fiscal year ending June 30, 1916, amount appropriated $14, 860. 00 Fiscal year ended June 30, 1915 : Amount appropriated 14, 860. 00 Amount expended 13, 945. 74 Unexpended balance ^914. 26 ANALYSIS OF EXPENDITUBBS. Salaries, wages, etc 7, 972. 50 Transportation of supplies 158. 77 Telegraph and telephone service 72. 40 Subsistence supplies 2, 046. 86 Dry goods, clothing, etc 1, 283. 51 Forage 3. 75 Fuel 865.24. Stationery and office supplies 165. 80 Educational supplies 96. 05 Medical supplies 69. 96 Equipment, material, etc 1, 206. 50 Miscellaneous 4. 40 13, 945. 74 Repairs and improvements : Fiscal year ending June 30, 1916, amount appropriated $2, 500. 00 Fiscal year ended June 30, 1915 — Amount appropriated 2, 500. 00 Amount expended 2, 572. 68 Overdrawn 72. 68 Analysis of expenditures — Construction 1. 916. 80 Repairs (to plant) 655.88 2, 572. 68 Statistical statement for year ending June 30, 1915 : Value of school plant, real property $42, 933. 29 Number of buildings 18 Number of employees 13 Average attendance of pupils 73 Enrollment 92 Capacity 71 Cost per capita, based on enrollment * $151. 58 Cost per capita, based on average attendance ^ $191. 04 Area of school land (acres) 240 Area of school land (acres cultivated) 138 Value of products of school $3,155.02 Superintendent's estimate of absolute needs for 1917 : Support 16, 590. 00 Repairs and improvements 1, 500. 00 New buildings 2, 000. 00 Total 20, 090. 00 iThis is not a final balance, as there may be outstanding obligations yet to be charged against the appropriation. 2 There was also used $2,407.31 miscellaneous receipts, class 4. INDIAN APPEOPEIATION BILL, 1917. 219 Amount requested iu proposed bill, 1917 : Support and education ol 80 Indian pupils and superintendent's salary , $14, 860. 00 Repairs and improvements 2, 000. 00 Total 10, 860. 00 The amount of $14,860, estimated for support of 80 pupils and salary of super- intendent. Is the same amount that has been allowed this school tor several years. It is absolutely necessary to provide subsistence, clothing, fuel, medical supplies, etc., and salaries of employees. Two thousand dollars is asked for repairs and improvements. This is about 5 per cent ol the value of the plant and 8 per cent of the value of the plant exclusive of the land, and is needed to keep the plant in a satisfactory state of repairs. Salaries, 1916 — Continued. Laundress Cook General mechanic ., Farmer Laborer $420 420 720 600 540 8,160 Salaries, 1916 : Superintendent $1, 500 Principal 840 Financial clerk 900 Physician 300 Teacher 600 Matron 600 Assistant matron 300 Seamstress 420 The Chairman. Have you any further suggestion to add? Mr. Meeitt. No, sir; I have no" additional statement to make, Mr. Chairman. It is approximately the same amount that we have here- tofore had for this school. Itlr. Caktee. I notice that you cut the repairs and improvements by $500 « Mr. Meeitt. Yes. sir. The Chairman. What is the per capita cost there? Mr. Meeiti'. $191. The Chairman. That is a little higher than some of the others !> Mr. Meeitt. Yes, sir. The Chaiejian. What is the average attendance there i Mr. Meeitt. The average attendance is 73. The Chaieman. And the capacity is 80 ? Mr Meeitt. Yes, sir. Because of the small enrollment the per capita cost is a little higher than at some of the other schools. The Chairman. What unexpended balance, if any, have you i Mr. Meritt. We have an unexpended balance of $914. The Chairman. The next item is: LOUISIANA. Sec 8 For clearing the title to lands owned or possessed by the Chettimanchi Band or infflans of Louisiana, for purchase of such lands as may be required to Sace them on a basis of self-suppo?t, and for such other relief as may b^ needed in the discretion of the Secretary of the Interior, $1,500 : 7^rom(?ed, |nat tne Secretarv of the Interior may, in his discretion, require that the legal title to alf m-onertv DurchS, or the title to which is to be cleared, with the funds herlSySopriated shall be in the name of the United States, for the use and benefit of the Indians. What iustification have you for that item? Mr. Meritt. We offer the following justification for this item. Under the provisions of the act of Congress approved June 17 1844 (5 Stats 220 INDIAN APPEOPEIATION" BILL^ l&Hl. 182-1 (4 Stats., 52), to enable tlie claimants to lands-withln certain States to in- stitute proceedings to try tlie validity of their claims, the Chettimanchi Indians, thronsh Alexander Bertin, acting as their chief, and .loseph Yoyo et al., on the loth of June, 1846, filed their petition in the District Court of the United States for the District of I-ouisiana, praying for certificate of title to a- tract of land in Parish of St. Mary, comprised within a certain tract of land claimed by the GJiettimanchi Indians, of which they had been in possession more than 70 years preceding the present suit, situated on both sides of the River Teche in the county of Attakapas, having a front of about 1 league on the right line from the upper to the lower limit. On the 19th of June, 1848, the decree of said court confirmed to the petitioners the lands respectively claimed by them, viz, " to the nation or tribe of Chetti- manchi Indians," tract designated on the township plat of township 13 south, raiiKi' 9 east, of the southwestern district of Louisiana, as section 22, containing 26G.48 acres ; section 23, containing 131.37 acres ; section 27, containing 404.92 acres ; and section 34, containing 290.06 acres ; in the aggregate, 1,093.43 acres. It also confirmed unto Marie Rose Pecot, widow of the late John Armelin, and her heirs the tract designated on the said plat as section 5, containing 160.75 acres ; and to Ga))riel L. ITuselin and Sarah B. Evans and to their heirs the tract designated on said plat as section 11, containing 569.85 acres — that to Fuselin with a front of 2 arpents, that to Evans, 8 arpents more or less. The suit was carried to the Supreme Court of the United States on appeal, and the said court dismissed the appeal at the December term, 1852. As provided and autliorized by the sixth section of the act of 1824 aforesaid (4 Stats., 54), the petitioners presented plats of survey to the General Land Office of the aforesaid three tracts of 1,093.43 acres, of 160.75 acres, and of 569.85 acres, confirmed to the Indians by the decree of the United States Dis- trict Court for Louisiana June 19, 1848, and confirmed by the United States Supreme Court at its December term in 1852, under said acts of Congress approved May 26, 1824, and June 17, 1844, whereupon a patent in fee for said three tracts was issued In- the General Land Office FelH'uary 1, 1855. The Indians own about 260 acres of tlie original tract, the remainder having been lost to them through sales and otherwise. Emmet Alpha, an attorney at law of Franklin, La., represented these Indians in certain litigation affecting their lands. The Indians neglected to pay the attorney his fee and he recovered a judgment against them. This judgment was assigned to F. C. Vlguerie, of Franklin, La., and amounts to $1,200, including interest. A foreclosure was had in February of 1914 and the land offered for sale, but in view of the fact that no bid was received for two-thirds of the appraised value, $9,000, there was no sale and the land was readvertised. The Indian Rights Association was interested in this matter and for a time considered furnishing the necessary funds. On March 12, the Commissioner of Indian Affairs received a telegram from Chief Supervisor Holcombe ad- vising that Miss McUhenny, of New Orleans, had provided the necessary funds to save the lands to the Indians. The Comptroller of the Treasury has ruled that the appropriation for " Re- lieving distress, prevention of diseases, etc.," is not applicable to assist these people in connection with the land, so that if any action Is to be taken by the Federal Government in their behalf it is necessary that there shall be an ap- propriation by Congress. The lands of these Indians are valued at more than $30 per acre and the im- provements thereon are said to be worth from two to three thousand dollars. By using $1,200 of the amount for the payment of the judgment or claim against these Indians, there would be little left for the purchase of additional lands. An appropriation at this time which will conserve to these Indians their prop- erty may avoid a larger draft on the public funds at a later date. Under date of June 9, the Attorney General inclosed a copy of a judgment entered on the 25th of Blay in the State court for the twenty-tiiird judicial dis- trict of Louisiana reviving, in favor of Sara Avery McUhenny, a judgment en- tered by that court on February 23, 1905, in an action brought by Emmet Alpha against certain 'members of the Chettimanchi Tribe of Indians. The interest having accumulated since the last proposed action on this matter, as referred to in Senate bill 4733, Sixty-third Congress, second session, it will probably re- auire the entire amount of the estimate to clear the title to this land for thes" Indians. 221 The Chairman. Do j'ou desire to make iiny further statement for the record ? Mr. Mekitt. No, sir; except to say that it is a very deserving re- quest, and we will be able, with this small appropriation, to save this land for those Indians. The Chairman. How many Indians are in this band ? Mr. Meeitt. There are about 500 Indians. The Chairman. When did the Government assume jurisdiction over these Indians? Mr. Meritt. We have- never assumed jurisdiction over them, but now that they are about to be deprived of their land under a fore- closure we thought it exceedingly desirable that we purchase this land and get it in such shape that they can not lose it. The Chairman. Do you not think you should change this language so as to show that it is to purchase land that they have heretofore held, and thus make it definite ? Mr. Campbell. This will indicate that, '' For clearing the title to lands owned or possessed."" The Chairman. I see the last clause provides that. Mr. Carter. Does your justification show how they came into possession of these lands ? Mr. Meritt. Yes, sir : I will be glad to read the justification. Mr. Carter. Well, it is hardly necessary to read it, but I would like that shown in the record. Mr. Campbell. Why is this item, " For fulfilling treaties with the Sacs and Foxes of the Missouri:' For support of a school (article 5, treaty of March 6, 1861) , $200,'" dropped from the bill for next year? Mr. Meritt. We found that the small appropriation of $200 was not necessary, and inasmuch as the treaty was not a perpetual one we omitted this amount in our estimates. If it is necessary to expend any money for these Indians we can use the general appropriation for the education and support of Indians. The Chairman. The next item is : MICHIGAN. Sec. 9. For support and education of tjiree hundred and fifty Indian pupils at the Indian school. Mount pleasant, Michigan, and for pay of superintendent, ?60,450r for general repairs and improvenients, $6,000 ; for dairy barn, $8,000; in all,-$74,450. What justification have you for this item? Mr. Meritt. We offer the following justification: INDIAN SCHOOI,, JI0I:NT pleasant, MICH. Fiscal year ending June 30, 1916, amount appropriated $60,-4-50,00 Fiscal year ended June .30, 191.') : Amount appropriated '2"- ™- ^X Amount expencfed ■''^' ^^^- ' ' Unexpended balance ' ^' '^''^- ^^ iThis is not a final balance, as there rau.v bo outstancIinK obligations yet to be charged against the appropriation. 2or,27— le 15 222 INDIAN appbopbiahon bill, 1917. Analysis of expenditures : Salaries, wages, etc $22, 677. 15 Traveling expenses 146. 81 Transportation of supplies 832. 33 Heat, light, and power (service) 199.70 Telegraph and telephone service 72.03 Printing, binding, and advertising 5. 50 Subsistence supplies 13, 969. 89 Dry goods, clothing, etc 8, 247. 24 Forage 301.50 Fuel 5, 013. 15 Stationery and office supplies 74. 35 Educational supplies 858. 14 Medical supplies 451. 73 Equipment, material, etc 3, 356. 32 Miscellaneous •- 43.70 Seed 429.23 56, 678. 77 Repairs and improvements : Fiscal year ending June 30, 1916, amount appropriated $5, 000. 00 Fiscal year ending June 30, 1915 — Amount appropriated 5, 000. 00 Amount expended 4, 662. 44 Unexpended balance- 337. 56 Analysis of expenditures, repairs (to plant) 4,662.44 Salaries, 1916: Superintendent $2, 000 Principal and clerk 1, 200 Assistant clerk 600 Physician 1, 200 Disciplinarian 720 Teacher Teacher Teacher Teacher Teacher Teacher Music teacher Matron Assistant matron. Assistant matron. Assistant matron- Assistant matron. Housekeeper Nurse Assistant nurse 900 750 660 690 630 600 720 840 660 600 600 300 600 720 300 Salaries, 1916 — Continued. Seamstress Assistant seamstress -__ Laundress Baker Cook Assistant cook Farmer Assistant farmer Industrial teacher Carpenter Assistant carpenter Tailor Gardener Engineer 1, 000 Assistant 240 Assistant 240 Laborer 500 300 500 500 600 300 840 420 720 720 300 720 600 24, 390 Statistical statement for year ending June 30, 1915 : Value of school plant, real property $177, 987 Number of buildings 37 Number of employees 37 Average attendance of pupils 342 Enrollment 370. Capacity 350 Cost per capita based on enrollment ^ $166. 40 Cost per capita based on average attendance ■ ' $179. 96 Area of school land (acres) 320 Area of school land (acres cultivated) 178 Value of products of school $16, 526. 63 > This includes $1,274.71 for transportation of pupils and $3,613.27 In the transpor- tation of goods and supplies. There was also expended $282.73, miscellaneous receipts. IISTDIAN APPEOPRIATION- BILL, 1917. 223 Superintendent's estimate of needs for 1917 : Support $60, 450 Kepairs and improvements 8, 000 New buildings 30, 000 Total 98, 450 Amount requested in proposed bill, 1917 : Support and education of 350 Indian pupils and superintendent's salary 60, 450 Repairs 'and improvements 6, 000 New buildings 8, 000 J-ULtLi I"*, -^t/v This is tlie only Indian boarding school in the State of Michigan and there nre about 1,400 available children of school age. The location of this school is at a point most accessible to the various Indian settlements. It does not go outside the State for pupils and is unable to accommodate all the Indian children Total 74, 450 Chi ar( is ou who ask admission. The school buildings, hot-water systems, etc., are valued at $158,787, and the $6,000 required for repairs and improvements is only about 3i per cent of that amount, or about Si per cent of the value of the entire plant. Including the land. There will be some repairs needed for all buildings, as well as repair and extension of the water, sewage, heating, and lighting systems of the school. The present combined dairy and horse barn now in use at Mount Pleasant is old, poorly located, insanltar^•, and unventilated. It is considered a menace to the health of the pupils and stock. This school is in a dairy country and bhould be eciuipped to teach the pupils dairy methods. It is estimated $8,000 will permit the construction of a suitable barn. _ Mount Pleasant is a iionreserviition boarding school. The Indians of the State are verv poor and are unable to send their children to the public schools. This school, with a capacity of 350 pupils, will be required for many years. Mr. CAiiiPBELL. You make a cut of something like $11,000 in that item? . „ Mr Meritt. Yes, sir. "We had last year an item tor a gymnasium and manual training school, $20,000, and this year we are asking for a dairy barn, $8,000. This school is, located m Michigan and is the only Indian boarding school in that State. We have a great many more Indians in Michigan than we can now provide school f acihties for. . ,15 The Chairman. It is a nonreservation school ? j. ^, . Mr. Meritt. Yes, sir; but it is located near the Indians ot that The Chairman. What is your average attendance there? _ Mr. Meritt. The average attendance at that school is 342 and the capacity of the school is 350. . q The Chairman. What is the per capita cost i ■ , , • j Mr. Meritt. It is $179. It is being run on an economical basis, and we only have an unexpended balance of $3,771. The Chairman. That is one of your best schools, as 1 under- ^^ Mr. Meritt. Yes, sir; it is not as large as some of our schools, but it is one of our very best schools. The Chairman. Is it an industrial schooH Mr Meritt. It is an industrial school. The superintendent, Mr. Cochran, has been in the service a great many years and he takes a very active interest in conducting the school along high-grade lines. The Chairman. Have you no barn there? 224 INDIAN APPEOPEIAXION BILL, 1917. Mr. Meeitt. There is a combination barn there noM', a horse and cow barn, which is a very undesirable arrangement. The Chairman. Does your justification show all of this informa- tion? Mr. Meeitt. Yes, sir. We are very much in need of this barn. The Chairman. How many head of cattle have you there as well as horses ? Mr. Meritt. The annual report of the superintendent of the Mount Pleasant School shows the following stock belonging to the United States: Number. Value. Number. Value. 2 1 24 86 S75.00 75.00 1,440-00 630. 00 8 1 4 $1,600.00 100.00 Bulls Cows and heifers Mules 1,100.00 The Chairman. The next item is: JII^:^■ESOTA. Sec. 10. For support and Gducation of two Imnclred and twenty-five Indian pupils at tlie Indian school, Pipestone, Minnesota, including pay of superintend- ent, $39,225 ; for general repairs and improvements $7,000 ; for septic tank, $5,500 ; in all, $51,725. What justification have you for this item ? Mr. Mjeeitt. We offer the following justification for this item, Mr. Chairman : INDIAN SCHOOL, PIPESTONE, MINN. Fiscal year ending .Tune 30, 1916, amount appropriated _• .$39,175..00 Fiscal year ;ended June 30, 1915: Amount, approjpriated 39, 175.00 Amount expended 37, 821; 81 Unexpended balance ' 1, 353. 19 Analysis of expenditures : Salaries, .wages,' etc 16,916. 00 Tran^orjation of supplies 119. 61 Heat, light, and power (service) ^45,44 Telegraph and telephone seiwice , 53.67 Printing, binding, and advertising 5.00 Subsistence supplies 7, 807. 47 Dry goods, clothing, etc 5, 075-.^ 83 Fuel 2, 525. 84 Stationery and office supplies 20.00 Educational supplies 419. 99 Medical suppUe.s 211. 55 Equipment, material, etc 3,981.95 Seed and trees »_.. ^__, 125.91 Miscellaneous [ , 14. 15 37, 821. 81 1 This is not a final balance, .ts there may be outstanding obligations yet to be charged against the appropriation. INDIAN APPROPEIATION BILL, 1917. 225 Repairs and improvements : Fiscal year ending June 30, 191G, amount appropriated $9, 500. 00 Fiscal year ended June 30, 1915— ' Amount appropriated , g kqq qq Amount expended II__II II" 7106 84 Unexpended balance ^2 393.16 Analysis of expenditures — Construction __ 3 763 75 • Repairs (to plant) III— I— I__I_II__II 3^ 343! 09 7, 106. 84 Statistical statement for year ending June 30, 1915 : Value of school plant, real property $132 150 Number of buildings ■_ ' 24 Number of employees I 25 Average attendance of pupils 184.4 Enrollment 208 Capacity 212 Cost per capita based on enrollment.-l ^$199.09 Cost per capita based on average attendance "$224.03 Area of school land (acres) 685 Area of school land (acres cultivated) 165 Value of products of school $6, 915 Superintendent's estimate of absolute needs for 1917 : Support $40,395 Repairs and improvements 11,950 New buildings 53, 100 Total 105,445 Amount requested in proposed bill, 1917 : Support and education of 225 Indian pupils and superintendent's salary ^ 39,225 Repairs and improvements . 7, 000 New construction 5, 500 Total . Salaries, 1916 — Continued. Cook Nurse Farmer Carpenter Tailor Engineer Gardener Assistant Assistant Assistant Laborer 51, 725 $540 720 900 780 700 1,000 540 540 540 300 300 Salaries, 1916 : Superintendent $1,650 Clerk 1,000 Assistant clerk 600 Pliy.siciau 600 Di.sciplluarian 720 Principal 870 Teacher 720 Teacher 660 Teacher 600 Matron 600 Assistant matron 540 Seamsti-ess 540 Laundress 500 Baker 500 This school is located at a convenient distance from large ceutei'S of Indian population and will be required for many years. Tlie need of substantial provision for repairs and Improvements at a school comprising 24 buildings is apparent, particularly in view of the fact that for several years the plant was allowed to ru n down and no adequate provisibh was t This is not a final balance as there may be outstanding obligations yet to be cliarged against the appropriation. j »oniTao i„ j-i,„ 2 This includes .f 1,370.93 used in the transportation of pupils, and $2,217.63 In the transportation of goods and supplies. There was also eXpeHdM .$870.30, miscellaneous receipts, class 4. 36,960' 226 INDIAN APPEOPEIATION BILL, 1911. made for repairs and upkeep of the buildings. A new lavatory building for the boys, has been constructed, and the basement where toilets and baths were formerly located should be remodeled for use as clothes and play rooms. A basement should be constructed under the girls' building. Repairs to heating and water systems, metal ceilings, and painting are also required, besides numerous minor repairs. The school buildings, heating and water systems, etc., are valued at $88,050 ; the $7,000 estimated for repairs is about 8 per cent of that amount, or approximately 5i per cent of the value of the plant, including 685 acres of school land. A septic tank to take care of the sewage of the school should be provided. At present the sewerage discharges some 400 yards from the school building and flows through the pasture into a small lake on the school premises. This lake had been used as a soiirce of ice supply for the school and for the town of Pipe- stone until last year, when its use was ordered discontinued on the recommenda- tion of the State board of health. It is believed $5,500 will provide such a tank as is required, as well as necessary piping. The Chairman. Have you any special statement that you desire to make? Mr. Meritt. Nothing in addition to the regular justification. The Chairman. What increase have you there ? Mr. Meritt. We are asking a decrease. The Chairman. Because you have built this laboratory, etc. ? Mr. Meritt. We are asking for general repairs and improvements, $7,000, an increase of $1,000 over last year, and we are also asking for a new septic tank, $5,500, which is very much needed at that school. The Chairman. What is your attendance there ? Mr. Meritt. We have an average attendance of 184. The Chairman. And what is the per capita cost ? Mr. Meritt. $224. That cost is somewhat high, but we should bear in mind that that school is in a very cold part of the country, and that it is a little more expensive to conduct a school there than it is in the Southwest. It is possible that that per capita cost might be brought down somewhat. The Chairman. Is not that about the highest you have? Mr. Meritt. The Fort Bidwell School has the highest per capita cost of any school that I have noticed, and I instructed the office to write a letter to the superintendent directing that that per capita cost be materially lowered. The Chairman. What is the per capita cost at Fort Bidwell ? Mr. Meritt. It is over $300 at that school. We have a very small enrollment there, less than 100. which accounts in part for the high cost per capita. The Chairman. Is this Minnesota school a reservation school? Mt. Meritt. This is a nonreservation school in Minnesota; it is located among the Indians and can be used for a number of years to advantage. Mr. Carter. I notice you have a small increase in the amount for the maintenance of the school. You had better make some explana- tion about that. Mr. Meritt. We make an increase from $39,175 to $39,225, an in- crease of $50, so as to bring the cost up to $167, in addition to the sal- ary of the superintendent. The Chairman. Why do you place any special value on the $167? Mr. Meritt. That is the minimum amount that can be expended for the support of Indian children in Indian schools. The Chairman. The next item is : INDIAN APPROPRIATION BILL, 1917. 227 For support of a school or schools for the Chippewas of the Mississippi In Minnesota (article three, treaty of March nineteenth, eighteen hnnflred and sixty-seven), $4,000. What justification have you to offer for that item ? Mr. Meeitt. This is a treaty item, Mr. Chairman, and I offer the following justification : SUPPORT OF CHIPPEWAS OF THE MISSISSIPPI, illNNESOTA. Fiscal year ending June 30, 1916, amount aiiproprifite.l $4,000.00 Fiscal year ended June 30, 1915: Amount appropriated 4^ 000. 00 Amount expended 3^ 953! 33 Unexpended balance 41.67 Analysis of expenditures, salaries, wages, etc 3, 958. 33 This money is used in part payment of salaries at the White Earth Boarding School. The additional sums necessary for the support of the school are pro- vided from other funds. This appropriation will be used this year in the same manner as heretofore. The following data in regard to the White Earth school is submitted : Statistical statement for year ending June 30, 1915 : Value of school plant, real property 373, 491 Number of buildings 17 Number of employees 23 Total salaries $15, 240 Average attendance of pupils 195 Enrollment 281 Capacity 250 During the fiscal year 1914 the $4,000 was expended as follows : Administration : Superintendent's salary $2, 100 Salaries of other employees (assistant engineer, engineer, laborer)- 1,900 Total 4,000 Positions and salaries at the White Earth superintendency and the funds from which they are payable, 1916 : Superintendent, payable from " Support of Chippewas of the Missis- sippi, Minnesota, 1916" $2,100 White Earth Boarding School : Payable from " Interest on Chippewas in Minnesota fund " — Principal 1. 000 Teacher 600 Teacher 600 Teacher 600 Disciplinarian 540 Kindergartner 600 Teacher of housekeeping 660 Matron ^ Assistant matron 540 Assistant 4°" Seamstress 520 Dining-room matron ^ Laundress 520 Baker f°X Cook 5« Farmer ^ Carpenter '^ Shoe and harness maker ouu Night watchman 50« 228 INDIAN APPBOPBIATION" BILL, 1917. White Earth Boarding School — Continued. Payable from " Support of Chlppewas of the Mississippi, Minnesota, 1916 "— Assistant engineer Engineer 800 Laborer 500 Total -- 15, 240 The Chairman. Has this treaty expired ? Mr. Meeitt. No, sir. The Chairman. The next item is : For the expenditure of $4,000 of the tribal funds of the Chippewa Indians, or so much thereof as may be required for employment of high-school teach- ers in. the White Earth Indian School, Minnesota, for instruction of children of the, Chippewa Indians in the State of Minnesota, to be used under rules to be prescribed by the Secretary of the Interior : Provided, That not to exceed $1,000 of this sum may be used to continue the education of boys appointed under the provisions of the act of Congress entitled "An act making appropria- tions for the current and contingent expenses of the Bureau of Indian AfCairs, for fulfllling, treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen hundred and four- teen," approved June thirtieth, nineteen hundred and thirteen : And provided further, That the unexpended balance of $555.43 remaining from the appro- priation of $4,000 for the higher education of Chipf)ewa boyS appointed under th6' t)r6visions of the said act is hereby reapproprlated and made Immediately available, and to remain available until expended, under the same provisions asthose contained in the original act. What justification have you to offer for this item? Mr. Mbritt. We offer the following justification for this item, Mr. Chairman: EDUCATION, CHIPPEWAS OS MINNESOTA (KEIMBUBSABLE) . Fiscal year ending June 30, 1916, amount appropriated $4, 000 Fiscal year ended June 30, 1915 : Amount appropriated 4,000 Arnount expended 1, 000 Unexpended balance 3, 000 Analysis of expenditures, tuition, maintenance, etc., of pupils 1, 000 For the expenditure of $4,000 of the tribal funds of the Chippewa Indians, or so much thereof as may be required for employment of high-school teachers in the White Earth Indian School, Minnesota, for instruction of children of the Chippewa Indians in the State of Minnesota, to be used under rules to be prescribed by the Secretary of the interior: Provided, That not to exceed $1,000 of this sum may be used to continue the education of boys appointed under the provisions of the act of Cougi-ess entitled, "An act making appro- priations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfllling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen hundred and fourteen," approved June thirtieth, nineteen hundred and thirteen: And provided further, That the unexpended balance of $555.43 remaining from the apt)irbpriation of $4,000 for the higher education of Chippewa boys appointed un(I6r the provisions of the said act, is hereby reapproprlated and made imme- diately available and to remain available until expended, under the same pro- visions as those contained in the original act. Seven Indian boys attended high schools or college tinder the provisions of the Item in the 1914 act providing $4,000 for the higher education of 10 Chip- peWa boys. The item was changed in the 1915 set so as to provide high-school teslchers at the White Earth Scliool in the hope that more boys would be bene- fitM' in that way. However, $1,000 of the appropriation was allowed for con- INDIAX APPROPEIATIOK BILL, 1917. 229 tinulug the etliicntion of these boys in ovder that any who had already enrolled at some school could complete their courses. The present item is intended to accomplish the same purpose, and in addition makes available the sum of $B55.43 remaining unexpended at the end of the fiscal year 1914. It appears that several of the boys returned to school in the expectation that their ex- penses would be paid during the school year 1915 before they were notified of the provisions of the 191.5 act allowing only $1,000 for the higher education of Chippewa boys. ( Jood reports have reached the office in regard to the conduct and scholarship of these young men, and it is desired not to lose the use of the unexpended balance of $555.43. The Ch A IK MA In. Do you desire to add anything to your justification by way of explanation ? Mr. Meritt. No, sir; except that we wovild be glad to have this appropriation. The Chairman. What is the necessity for a change of language? Are the same objects sought and accomplished by the amendment? Mr. Meritt. This is payable out of the tribal funds of the Chippewa Indians. The Chairman. And the other was a gratuity or reimbursable? Mr. Meritt. I think the other item was reimbursable. The Chairman. And this is a gratuity ? Mr. Meritt. The Chippewa Indians have more than $5,000,000 in the Treasury of the United States, and it is thought that they should pay this out of their funds. The Chairman. The next item is : The Secretary of the Interior is hereby authoi-lzed to withdraw from the Treasury of the United States, at his discretion, the sum of $185,000, or so much thereof as may be necessary, of the principal sum on deposit to the credit of the Chippewa Indians in the State of Minnesota, arising under section seven of the Act of January fourteenth, eighteen hundred and eighty-nine, entitled "An Act for the relief and civilization of the Chippewa Indians in the State of ilinnesota," and to use the same for the purpose of promoting civilization and self-support among the said Indians in manner and for purposes provided for in said act. Mr. Meritt. The following justification is offered for this item, Mi*. Chairman: TKIBAT, FVXDS (CHIPPKWA IXDIAXS OF ItlNXESOTA) , *1S.-|,000 wrrHDliAWN. The Chippewa in Jlinnr^sota fund was created by the act of .January 14, 1889. It is derived' from the proceeds of timber on ceded lands sold by agreement for the benefit of the Indians. A pr.ivision in this act provides that after the United States has been reimbursed for moneys advanced to the Indians, a cer- tairi amount, not to exceed 5 per cent of the principal fund, may be withdrawn for the support and civilization of the Indians. The United States has been re- imbursed foi- all advances made, and during the past five years Congress has put aside a part of the fund for the carrying out of the office policy toward these ^ Indians. The principal of this fund is increasing and the Chippewas have to their credit in the Treasury over $6,000,000 at the present time. On the six Cliippewa reservations using this fund there are ll,o32 Indians under Federal supervision ; about 6,000 of this number are not allotted and about 2,000 are holding trust patents— approximately 3,500 have been given ^S reservations using this fund are Xett Lake, Grand Portage, White Earth.. Red Lake Fimd du Lac, and Leech Lake, From this fund, in addition to paying all the agency employees on the reserva- tions the cost of wearing apparel for the benefit of the Indians transportation, traveling expenses', forage, ami the purchase of a great deal of miscellaneous ma- terMlfl the needs of these Indians will be allowed ; office equipment, horses for Scv work alency farming machinery, machinery for the farmers to teach fhTlwlians how to cultivate the soil ; all these and many other necessary items 230 lA'DIAN APPfiOPfilATION BILL^ 1917. have to be chargecl to this fund. Some of the reservations using this fund are situated in places quite remote from good railroad facilities, hence the cost of transportation must necessarily be high. There are only about 5,000 acres of land cultivated by the Indians living on these reservations at the present time, and money can be used to excellent ad- vantage in securing industrial results which will show an Improvement over the present figures. At the present time there are about 324,000 acres of allotted and unallotted agricultural lands on the above mentioned reservations. With the assistance of the money asked for the office will be free to adopt a more ex- tensive plan for the industrial development of these Indians, and carry out to better advantage the plans that are being followed toward raising the standard of the Chippewa Indians. The Chaieman. Why is this provision stricken out, beginning on line 25? Mr. Meeitt. That legislation is not necessary; it is permanent legislation. The Chairman. It is not necessary for the benefit of these Indians, then? Mr. Meeitt. No, sir. The Chaieman. The next item is : The Secretary of the Interior Is hereby authorized to advance to the executive committee of the White Earth Band of Chippewa Indians in Minnesota the sum of $1,000, or so much thereof as may be necessary, to be expended in the annual celebration of said band to be held June fourteenth, nineteen hundred and six- teen, out of the funds belonging to said band. Mr. Meeitt. The following justification is submitted for that item: TBIBAL ri'NDS, CHIPi'KWA INDIANS OF MINNESOTA (WHITE EARTH CELEBRATION, $1,000). For several years Congress has appropriated $1,000 from the tribal funds of the Chippewa Indians to defray the expenses of the annual treaty celebration of the White Earth Indians. Apparently It has been the intention of Congress to leave the manner in which this money shall be expended to the executive committee of the White Earth Indians, that committee making the expenditures and assuming responsibility therefor. The executive committee is elected by the tribal council, composed of the chiefs and the head men of the different bands of Chippewa Indians, who usually assemble in a large tent on the cele- bration grounds for the purpose of discussing the expenditure of this money. The Indians insist upon this Item being incorporated In the bill each year, and the treaty celebration Is an annual event of great importance to them. As the money is advanced from their tribal funds on deposit In the Treasury of the United States, this item has been included In the bill. Mr. Cajwpbell. How did they get on this year without that money? What are you going to do for them this time? Mr. Meeitt. The Congress extended this appropriation by joint resolution. The Chaieman. The next item is : That the Secretary of the Interior, under such rules and regulations as he may prescribe, is hereby authorized to use for or advance to any individual Chippewa Indian In the State of Minnesota entitled to participate In the perma- nent fund of the Chippewa Indians of Minnesota who Is blind, crippled, decrepit, or helpless from old age, disease, or accident, and such other Indian as the Secretary of the Interior may deem proper, In the aggregate not to exceed one- fourth of the amount which would now be coming to said Indian under a pro rata distribution of said permanent fund : Provided, That any money received hereunder by any member of said tribe or used for his or her benefit shall be deducted from the share of said member In the permanent fund of the said Chippewa Indians in Minnesota to which he or she would be entitled : Provided further, That no funds paid hereunder to Indians shall be available for paying the debts of said Indians incurred prior to the passage of this act. INDIAN APPEOPEIATION BILL, 1917. 231 What justification have you to offer for this item? Mr. Meeitt. We offer the following justification for this item, Mr. Chairman : TO AUTHORIZE THE ADVANCE TO CHIPPEWA INDIANS OF A PORTION OF THE TRIBAL FUNDS IN THE TREASURY. On January 14, 1889 (25 Stat. L., 642), Congress passed a law for the relief and civilization of the Chippewa Indians in the State of Minnesota and provided for the sale of certain lands. Section 7 of the act cited provided that all money accruing from the disposition of the lands shall, after deducting all expenses, be placed in the Treasury of the United States to the credit of the Chip- pewa Indians of Minnesota as a permanent fund and draw interest at the rate of 5 per cent per annum, payable annually for 50 years after completion of allotments as provided by the act, and the interest and permanent fund during the period of 50 years, as stated, shall be used for the benefit of the Indians in the following manner : One-half of the interest during the period of 50 years, except as otherwise provided in the act, shall be annually paid in cash in equal shares to the heads of families and guardians of orphan minors for their use, and one-fourth of the interest shall during the same period, and with like exception, be annually paid in cash in equal shares per capita to all other classes of Indians, and the remaining one-fourth of the interest shall, during the period of 50 years under the direction of the Secretary of the Interior, be devoted exclusively to the estab- lishment and maintenance of a system of free schools among the In- dians ; and at the expiration of the period of 50 years the permanent fund shall be divided and paid in cash in equal shares to all Chippewa Indians entitled and their issue then living. Section 7 of the act cited also provided that Congress may, in its discretion, from time to time during the period of 50 years, appro- priate for the purpose of promoting civilization and self-support among the Chippewa Indians a portion of the principal sum not ex- ceeding 5 per cent thereof. From the above recital of facts it will be seen that the principal fund except the 5 per cent thereof which Congress may appropriate from time to time is not available for payment or expenditure until after the expiration of 50 years after allotment. The amount which Congress appropriates annually under the 5 per cent provision is in- adequate to enable the inauguration of industrial programs or the giving of proper relief to the disabled, and the per capita payments made to the Indians from the interest on the principal fund usually amounts to but $18 per capita, which amount, of course, does not go very far. The permanent fund of the Chippewa Indians of Minnesota now amounts to approximately $6,220,000. The number of Chippewa In- dians interested in this fund is approximately 10,471, so that if a per capita segregation of the fund were made at this time each Indian would receive about $594. The proposed item provides that not ex- ceeding one-fourth of any Indian's share in the fund shall be advanced to him or used for him, and this would therefore limit the amount for each Indian to about $148. Many of these Indians are inclined to 232 INDIAN APPEOPRIAHON BILL, I&IT. become active in industrial pursuits and get ahead, but they are handicapped and practically in destitute circumstances because they have no way to procure implements with which to work. Further- more, the Indians need material for the improvement of homes, and there is also such a great need for clothing and subsistence for the aged and sick that there is every reason why a portion of their funds should be advanced to them at this time. The reimbursable appropriations have been used to some extent, but the Indians are reluctant, and some even refuse to use such appropriations because of doubtful ability to make enough from their lands for the support of themselves and" families in addition to the amount needed to repay what might be loaned to them. The proposed item does; not provide for a gratuitous appropriation, but it is simply a withdrawal of funds to the credit of the Indians, which, under existing law, can not be so withdrawn. There is no possibility of inequitable or ex- cessive distributions under the wording of the act, and there shotild be no reasonable objection thereto because of such a contingency. This money can not be paid out under the provisions of the act of March 2, 190'7 (34 Stat. L., 1221), which authorize the paynient of trust funds to competent Indians, and also to those who are blind, crippled, decrepit, or helpless from old age, disease, or accident be- cause of the existence of the provisions of section 7 of the act of Jahuary 14, 1889, supra, requiring that the money be retained in this Treasury for a period of 50 yelars after alldtnient. The pro- vision made by Congress for thel relief' of distress among Indians could be used, but that appropriation is So limited and the demands upon it are so heavy throughout the country, and these Indians have such a large amount of money in the Treasury it would seem proper and wise thatt ' an advancement should be made to them so that they might get some benefit therefroin before they die. The Chairman. Do you desire to add anything ? Mr. Meritt. Nothing, except to say that this is important legis- lation. The Chippewa Indians ha\'e in the treasiu'v now more thto $5,000,000. Under the terms of the act of January 14^ 1889 (25 Stsit. L., 642), we are now without authority to pay to any of those Indians a pro rata share of the tribal funds. There are a great many Indians their e who are old and decrepit and who will not li-^e until the expira- tion of 50 years when the funds may be distributed, as provided in the act of January 14, 1889. Therefore we feel that those Indiaiis, who are entitled to share in this fund, should get some of the benefits ndW. It will be very helpful in relieving their distress and providing thie'nl with some of the comforts in their old age. Tbe Chairman. Have the Indians made any request for this legis- lation ? Mr. Meritt. Yes, sir. The CHAIRMAN. Do you not think this should be made a general latv and . that all Indians under siittilar conditions should have the same benefits that wbuld accrue to the Indians under this special law ? Mi'. Meritt. We are asldng, in the first part of the bill, legislation which wilt enable us to do- that, unless there is special law applying to k particular tribe, as in the case of the. Chippewa Indians of Min- ne'Sbtai INDIAN APPKOPKIATION BILL, 1&17. 233 The Chaikman. I think it is good legislation, and should be in all reservations of similar nature. The next iteni is : Hereafter on ceded lands in the State of Minnesota embraced within the pro- Visions of the law entitled "An act for the relief and civilization of the Chip- pewa Indians in the State of Minnesota," approved January fourteenth, eighteen hundred and eighty-nine, the minerals in and mineral rights pertaining to any of the lands the cession of which was provided for in said act and for which the United States has not conveyed title shall be and remain in and are reserved for the use and benefit of the Chippewa Indians in the State of Minnesota. What justification have you to offer for that item ? Mr. Meritt. We offer the following justification for this item : MINEKAL EIGHTS, CHIPPEWA LANDS, MINNESOTA. Under the act of January 14, 1889 (25 Stat. L., 642), the surplus unallotted lands within the ceded Chippewa country were to be divided into two classes, viz, agi'icultura"l and pine lands. The agricultural lands were subject to entry under the homestead laws at the time of opening, but the pine lands were not subject to entry until after the timber had been sold and removed therefrom. A consid- erable quantity of pine land, on which this timber is still standing, remains un- disposed of, and the Indians of the Chippewa Tribe have repeatedly insisted that valuable deposits of iron ore are to be found within their country, and as a matter of right they are entitled to and should be given adequate compensation for these mineral deposits. Geological investigations have not been made to such an extent as to say with certainty just where these mineral deposits, If any, may lie, but there has been a growing tendency within recent years to recognize the r^ght of Indians to the mineral deposits within their territory just as freely and to the same extent as we recognize their right to standing timber on the surface of the ground. It Is believed. therefoTe, that the Indians are justified in their request that future entries of lands within the ceded part of their country should apply to the surface only for agricultural or grazing purposes and that the mineral deppslts therein should be reserved for the benefit of the tribe, subject to future disposi- tion by Congress. Mr. Campbell. That is new legislation and does not make an appropriation. Mr. Meritt. We Avill include that in the omnibus bill, Mr. Camp • bell. The Chairman. The next item is : That the Secretary of the Interior be, and he i.s hereby, authorized to with- draw from the Treasury of the United States $500, or so much thereof as may be necessary, of the principal sum on deposit to the credit of the Chippewa Indians in the State of Minnesota, arising under section- seven of theactiof January fourteenth, eighteen hundred and eighty-nine, entitled "An act for the relief and civilization of the Chippewa Indians in the State of Minnesota,", and to use said withdra%vu sum in the purchase and fencing of burial grounds for the Fond du Lac Band of Chippewa Indians of Minnesota. Mr. Meritt. I offer the following justification for this item, Mr. Chairman : The superintendent reports that a permanent cemetery for the Indians. of the Fond du Lac Reservation is urgently required; that those living in^the vicinity of Sawyer, :\Iinn., have been burying their dead on the allotment, ot Kato Zoway and that this site, comprising about 6 acres, should be purchased and retained as a tribal cemetery ; that the Indians living near Cloquet have appropriated for burial purposes a part of the allotment of Z. Burton Coffey, and that 10 acres of this allotment should be likewise purchased, said area covering all the bodies already buried and furnishing room for further burials. This tract he reports can be purchased for .$30 an acre, and the 6 acres on the othfer allotment for $20 an acre. He estimates the cost of fencing at $80. For the reason that no appropriation is available for. these purposes legisla- tion has been prepared. 234 INDIAM" APPEOPRIATION" BILL, 1917. The Chairman. Have the Indians requested this legislation? Mr. Meeitt. Yes, sir. The Chairman. The next item is : That the Secretary of the Interior be, and he is hereby, authorized and directed to issue to the Northern Minnesota Conference of the Methodist Episcopal Church a patent in fee for five acres, to be legally described, in the southeast corner of lot one, section nineteen, township sixty-five north, range twenty-one west of the fourth principal meridian, on the Nett Lake Indian Reservation, Minne- sota, said action to be in lieu fit that authorized and directed in the act of August first, nineteen hundred and fourteen (Thirty-eiglith Statutes at Large, page five hundred and ninety-one). What justification have you to offer for this item? Mr. Meritt. "We offer the following justification for this item, Mr. Chairman : The act of August 1, 191-t (38 Stat. L., 582, 591), contained the fellowlng pro- vision : " That the Secretary of the Interior be, and he is hereby, authorized and di- rected to issue to the Northern Minnesota Conference of the Methodist Episcopal Church a patent in fee to lot one, section nineteen, township sixty-five north, range twenty-one west of the fourth principal meridian, State of Minnesota: Provided, That any persons who were residing upon said land on January first, nineteen hundred and foui'teen, shall not be required to remove therefrom ex- cept upon terms approved by the Secretary of the Interior." The record indicates that this 40-acre tract is the site of Government im- provements erected for indigent Indians and also the site of Indian homes, the value of the homes being estimated at $2,430. The Indians living on this tract are either agency employees, are without homes, or have located thereon in order that their children may attend the Government day school. If the patent be issued their continuance would be at the will of the mission authorities. The superintendent's control over them would be seriously hampered for the reason that the jurisdiction of the land would pass with the issuance of the patent. There are also on the tract the tribal cemetery and a school garden of about IJ acres. The land is reported to be the choicest part of the agency tract and its loss a detriment to efiicient Government administration. No educational features are contemplated by the mission authorities. Five acres, it is believed, would be more than sufficient for a church and parsonage site. The Indians living on this tract have only small gardens, but other parts of the agency tract are used as common pasture, which pasture would be available for the missionary's use. A parsonage has been erected, but could be moved to the tract described in the proposed legis- lation. The mission authorities propose, on receipt of a patent for the whole 40 acres, to reconvey to the United States 10 acres along the north border of the tract on which are situated, as they believe, all the Government buildings and the Indian homes ; but this would still be unsatisfactory for the following reasons : 1. The greater part of the tract is needed for agency purposes. 2. The cemetery situated on the tract should remain the possession of all the Indians and not be under the control of any church or part of the tribe. 3. Data on file in the Indian Office show the Indian homes to be scattered over the tract, only a part being in the northern quarter of the lot. 4. Although the mission authorities agree not to require any Indians to move off the tract, their continuance would be on sufferance. 5. Loss of jurisdiction over the tract and over the Indians who would remain thereon after issuance of a patent might be the cause at any time of conflict with the missionary and of serious embarrassment to the Government admin- istration. 6. No educational or other features are proposed in connection with the mis- sion which would require more than a few acres of land. 7. Five acres should be p.mply sufficient for church, parsonage, and garden purposes. We very much desire the enactment of this legislation. This pfo- vision was incorporated in the act of August 1, 1914, and it gave to this church land that is now being used for administrative purposes INDIAN APPKOPRIATIOK BILL, 1917. 235 at the Nett Lake Indian School, and also land on which Indians have homes. Inasmuch as the church does not need all of this land for mission purposes and inasmuch as the Government needs this land for administrative purposes and the Indians need it for home purposes, we feel that this legislation, which has been passed heretofore, should be modified, in justice to the Government and the Indians. The Chairman. Have the Indians been consulted about the passage of this? Mr. MEEiTa'. Yes, sir. The Chairman. It is satisfactory to them ? Mr. Meritt. It will be very satisfactory to the Indians. The Chairman. The next item is: MISSISSIPPI. Sec. 11. To enable the Secretary of the Interior to investigate the condition of the Indians living in Mississippi and report to Congress on the first Monday of nest December as to their need for additional land and school facilities, $1,000, to be immediately available. Mr. Meritt. We offer the following justification for this item, Mr. Chairman : The Indian Office is in possession of information showing that there are several hundred persons of Indian blood, many of whom are full-blood Indians who live in the State of Mississippi and are not affiliated with any tribe. Many complaints and statements have been received that the Indians in said State are living in an unfortunate condition of extreme poverty and ignorance, and that they are without homes of their own and without educational facilities. It is believed that an investigation should be made for the purpose of furnishing Congress Information as to the condition of said Indians in order that Congress with such information before it may take such action as may then be deemed appropriate. An appropriation of $1,000 is therefore asked, to enable the Secretary of the Interior to investigate the condition of said Indians, and to report to Congress in the matter of their need for land and school facilities. The Chairman. Do you desire to make a further statement in ad- dition to what you have in your justification ? Mr. Meritt. Nothing, except to say that we have not accurate in- formation regarding the conditions of the Indians living in the State of Mississippi. It has been reported to the office that those Indians have not adequate school facilities and that their general condition is not as desirable as it should be. This appropriation will enable us to get accurate information and furnish that information to Congress. The Chairman. About how many Indians are there ? Mr. Meritt. There are 1,253 Indians living in the State of Missis- sippi- . . The Chairman. About how many of these Indians are citizens of the State of Mississippi and voters and taxpayers ? Mr. Meritt. It is my information that not very many of them are taxpayers and voters. . , ■ j. The Chairman. Have they not heretofore received something trom the United States Government? , . , , , i j Mr. Meritt. Yes, sir ; they have received scrip, which has enabled •them to take up certain lands in that State. : 236 INDIAN" APPEOPBIATION BILL, 1^17. The CiiAiRaiAN. To that extent they differ from the Seininoles.of Florida and the Alabama and Texas Indians, whom we have been discussing this morning? Mr. Meeitt. Yes, sir. Mr. Caetee. What does the department propose to do for these In- dians after it has spent this $1,000? Mr. Meeitt. We want to get definite and accurate information re- garding their condition, and then we will transmit that information to Congress and it can then be determined by Congress what is desired to be done for these Indians. Mr. Caetee. Did you say that the Government had furnished them scrip '. Mr. Meeitt. In the past they have taken up lands with certain scrip. I will be glad to furnish for the record exact information in regard to this. The Chaieman. It will be inserted at this point. Mr. Meeitt. The information requested is as follows : From the statement of facts set forth in the case of the Choctaw Nation v. United States (119 U. S., 1) it seems that the Court of Claims found that 143 heads of families had received land under the sixteenth article of the treaty, and that the number who established their rights under the act of Congress of , August 23,-1842, was 1,150, and that the number disallowed by the commissioner under that act was 292. The court found that 191 families whose claims had been rejected had complied, or attempted to comply, with the requirements, of said article 16, but were deprived of their rights under It b.\- the agents of the United States, and that they were entitled to reservations amounting to. 225,760 acres. It was also found by the Court of Claims that under the provisions of said act of Congress of August 23, ]842, the United States having failed to gr,^-nt to said Choctaw heads of families the lauds to which they and their childr,en claimed under the treaty, and having disposed of said lands so that it was im- possible to give said Choctaw heads of families the lands whereon they resided on the date of the treaty of 1830, did, between .Tune, 1843, and November, 1851, , issue and deliver to 1,155 heads of families and to their children the certificates or scrip provided for in said act for 1,404,640 acres of land, which certificates or scrip the said Choctaw heads of families and their childi-en were required by the United States to receive and accept in lieu of the reservation of land which, under the said article 16 of the treaty, they clainied. It further appears that the United States refused to deliver to the said Choctaw heads of families and, their ehildreji the last one-half of the scrip which might have been delivered to them, under the provisions of said act of Congress, east of the Mississippi River until the said Choctaw heads of families and their children had either started, for or actually arrived in Choctaw territory west of the Mississippi River. Under the act of Congress approved March 3, 1845, 697,600 acres in the said scrip so directed to be delivered to the 1,155 heads of families and their children, were funded at the value of $1.25 per acre, wltli interest thereon annually, at the rate of 5 per cent per annum, which number of acres in certificates fundecj under said act was that part of said certificates which was not deliverable east to the said Choctaw heads of families and children, and not until their arrival in Choc- taw territory west of the Mississippi River. This scrip, which was funded for the benefit of said Choctaw heads of families and their children under the act of Congress of Jlarch 3, 1845, amounted to the sum of $872,000. which sum was pa-id to the said heads of families and their children or their legal representatives, under the provisions of the act of Congress of .Inly 21, 1852. ]Mr. Caeter. As a inatter of fact, did not the Federal Government furnish this scrip in two different installments; or, to be specific, scrip once and money in lieu of scrip on the second occasion ? Mr. Meeitt. The statement we will prepare in the office will give that information. INDIAN APPEOPKIATION BILL, 1911. 237 The Chairman. The next item is as follows : MONTANA. Sec. 12. For support and civilization of the Indians at Fort Belknap Agency, Mont., including pay of employees, $20,000. Mr. Meritt. "We offer the following justification for this item : SUPPORT OF INDIANS OF FOET BELKNAP AGENCY, MONT. Fiscal year ending June 30, 1916, amount appropriated $20, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 20, 000. 00 Amount expended 18, 626. 13 Unexpended balance 1, 373. 87 Analysis of expenditures : Salaries, wages, etc 9, 741. 94 Traveling expenses 47. 03 Transportation of supplies 475. 68 Telegraph and telephone service 1. 36 Subsistence supplies 5, 651. 77 Dry goods, clothing, etc 72. 77 Forage 15. 63 Fuel . 794. 64 Stationery and office supplies 26. 01 Medical supplies 481. 76 Equipment, material, etc 952. 54 Hospital expenses 365. 00 18, 626. 13 There are approximately 1,205 Indians on the Fort Belknap Reservation. The climate is very cold and the Indians live very largely in small log houses and even in tepees, neither of which furnish adequate protection from the rigors of winter. For want of proper housing the sanitary conditions are very bad, and this, combined with exposures, have created a large amount of sickness, and large number of Indians are so broken in health as to be unable to support themselves, necessitating issues to them. Two physicians at $1,200 per annum are employed to aid in the alleviation of their physical ills. The amount asked for is needed for the purchase of subsistence, clothing, etc., for issues to the needy ; in supplying fuel for the agency, feed for live stock, traveling expenses, etc. ; and for the payment of the necessary employees. The proposed extension of agricultural work and live-stock industry among these Indians, with a view to making them self-sustaining, will necessitate for a few years increases in the cost of administration. The Chairman. The next item is as follows : For support and civilization of Indians at Flathead Agency, Montana, in- cluding pay of employees, $20,000. Mr. Meritt. We offer the following justification for that item : SUPPOET OF INDIANS OF FLATHEAD AGENCY, MONT. Fiscal year ending June 30, 1916, amount appropriated $12, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated . ^^< ^J^O. 00 Amount expended ^l- '*<'"• '^ Unexpended balance ^^- ^^ 20527—16 16 238 INDIAN APPROPRIATION BILL, 1917. Analysis of expenditures : Salaries, wages, etc $4, 606. 7 Traveling expenses 976. 4 Transportation of supplies 72. 7 Telegraph and telephone service 50. 8 Printing, binding, and advertising 47. 5 Subsistence supplies 848. 1 Forage ^ 1, 314. 2 Fuel , 732. 3 Stationery and office supplies 390. 4 Medical supplies . 192. 1 Equipment, material, etc 1, 847. 7 Seed and trees . 371. 3 Total ■ 11, 450. 7 There are approximately 2,302 Indians under the jurisdiction of the Flathea Agency, Mont., most of whom have been allotted, and help must be extended 1 establish them on their allotments on a self-supporting basis. The amount aske for is needed to provide food, clothing, and other supplies for the Indians ; fc forage for agency stock, fuel, light, traveling expenses, etc. ; and for pay of th necessary employees. The increase in the amount is required for additional subsistence supplies, etc for Indians, the need for which was shown in the hearings before the Senat Committee on Indian Affairs last winter. See pages 108 to 112 of the printe report. During the hearings before the Senate Committee on Indian AfEairs las January, Senator Myers told of reports received by him about the pitiabl condition of many aged, insane, indigent, sick, and poverty-stricken Indians ( that agency ; that the Catholic Church was aiding in the alleviation of suffering and that the annual appropriation made by Congress for these Indians shoul be increased to properly care for the needs. Reports have also been receive from the superintendent relative to the old and indigent, and the larger numbt of those requiring help because of their inability to obtain work. During tl past year some tribal funds have been used for this purpose to supplement tl amount appropriated by Congress. The Chairman. What justification have you for this increase c $8,000? Mr. Mekitt. There are a number of old and decrepit Indians o this reservation who need more careful attention from the Goven ment. It will be necessary for us to furnish them with rations and t give them closer attention than we have been giving them heretof on It is, therefore, desirable that we have an increase in the appropris tion for these Indians. The Chairman. Does your justification show those facts specif cally? Mr. Meritt. Yes, sir. The Chairman. The next item is as follows : For support and civilization of Indians at Fort Peck Agency, Montana, ii eluding pay of employees, $30,000. Mr. Meritt. We offer the following justification for this item r STJPPOBT OF INDIANS OP FOET PECK AGENCY, MONT. Fiscal year ending June 30, 1916, amount appropriated $30, 000. ( Fiscal year ended June 30, 1915 : Amount appropriated 30, 000. ( Amount expended 29, 970. J Unexpended balance 29. ( INDIAN APPBOPEIATION BILL, lOl"?. 239 Analysis of expenditures: Salaries, wages, etc «.,f. 074 91 Traveling expenses "I":: Qiton Transportation of supplies _ '_'_'_ iqn Ti Telegraph and telephone service __ II I " I SV' no Subsistence supplies _ — - - 41 4 n? Dry goods, clothing, etc I ' 7 oA Forage iQiI'^n P„„, 1, 315. 50 Stationery and office supplies ' tf^ftrS. Medical supplies I_ ~ZIII[Z^I[I[rZl^Z 621 Qfi Equipment, material, etc '. ~ ' " 1 qiVaq Miscellaneous I Zl-JIZIIZ^Z^^HIZIIl 24 00 Total 29, 970. 35 The amount asked for is the same as appropriated last year. There are approximately 1,938 Indians, most of whom are allotted. They have recently been allotted and the surplus lands have been thrown open to settlement There- fore the Indians will have to be diverted from their old manner of living on the open ranges to more fixed habits, as they will be restricted to their individual holdings and will have to depend quite largely upon agriculture for their support. The amount asked for is needed to continue the efEorts of the Government along these lines ; for the purchase of subsistence for issue to sick, helpless, and de- pendent ; for labor in lieu of rations ; for pay of necessary employees, and for miscellaneous agency expenses, such as forage for live stock, fuel for the agency buildings, traveling expenses, etc. The Chairman. Do you desire to make any further statement in regard to this item ? Mr. Meeitt. No, sir. The Chairman. The next item is as follows : For support and civilization of Indians at Blackfeet Agency, Montana, includ- ing pay of employees, $25,000. Mr. Meeitt. We offer the following justification : SUPPOET OF INDIANS OF BLACKFEET AGENCY, MONT. Fiscal year ending June 30, 1916, amount appropriated $15, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 15, 000. 00 Amount expended ^ 14, 348. 19 Unexpended balance 651. 81 Analysis of expenditures : Salaries, wages, etc 8, 118. 05 Traveling expenses 21. 40 Transportation of supplies 167. 41 Telegraph and telephone service • 93. 81 Subsistence supplies 1, 961. 58 Dry goods, clothing, etc 142. 74 Forage r 85.00 Fuel 611.80 Stationery and office supplies 78.60 Medical supplies 1, 085. 60 Equipment, material, etc 1, 512. 20 Seed 450.00 Miscellaneous 25. 00 - 14, 348. 19 Amount allowed in last appropriation act, $15,000. Indian population, approximately 2,724, mostly allotted. This amount is needed for the purchase of food, clothing, etc., for the needy, fuel for agency buildings, traveling expenses, etc., and the pay of the agency 240 INDIAN APPEOPEIATIOSr BILL, liJl7. force of employees. Effort is being made to get the Indians to establish them- selves on their allotments, build houses and other permanent improvements, put their allotments under cultivation, and so develop them as to make them pro- ductive and capable of supporting a family, as well as comfortable homes. Con- siderable help must be given them, however, to accomplish that end. The increase in amount is required to provide additional food, clothing, etc., for these Indians, the need for which was shown in the hearings before the Senate Committee on Indian Affairs per pages 112 to 116 of the published report. The Chairman. You ask an increase in that item of $10,000 ; what is the reason for that? Mr. Mbeitt. The Blackfeet Indians live on the border of Canada, and there has been a need during the last few years for additional funds to enable us to furnish rations to the old and indigent Indians on that reservation. The Chairman. They have no funds of their own ? Mr. Meeitt. Their own funds are somewhat limited. We have in- vested a part of their funds in a tribal herd, and we need the additional appropriation to provide rations for the old Indians on that reservation. The Chairman. The next item is as follows : For maintenance and operation, including repairs, of the irrigation systems on the Fort Belknap Reservation, in Montana, $25,000, reimbursable in accordance with the provisions of the Act of April 4, 1910. Mr. Meritt. We offer the following justification for this item : MAINTENANCE AND OPERATION, MILK BIVER lEBIGATION SYSTEM, FOBT BELKNAP EESEEVATION, MONT. (EEIMBUKSABLB) . Fiscal year ending June 30, 1916, amount appropriated .$20, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 20. 0000. 00 Amount expended 19, 820. 01 Unexpended balance 179. 99 Analysis of expenditures : Salaries, wages, etc 14, 751. 06 Traveling expenses 283. 28 Transportation of supplies ^ 415. 26 Telegraph and telephone service 5. 72 Forage 105. 36 Fuel 314. 53 Stationary and office supplies 11. 71 Equipment, material, etc 3, 422. 49 Repairs (to plant) 438. 27 Miscellaneous- 72. 33 19, 820. 01 FOET BELKNAP EESEEVATION PEOJECT. Indian tribes, Gros Ventres and Assinnaboine. Number of Indians, 1,224. Area of reservation, 546,960 acres. Area irrigable from constructed works, 18,000 acres. Area actually irrigated, 10,390 acres. Area farmed by Indians, 10,390 acres. Area of whole project, 30,000 acres. Cost of irrigation construction, $218,315.38. Cost of irrigation operation, maintenance and miscellaneous, $42,056.51 . Estimated additional cost to complete project, $70,000. Estimated total cost of irrigation, $11 per acre. INDIAN APPEOPEIATION BILL, 1917. 241 Average value of irrigated lands, $30 per acre. Average annual precipitation, 10 inches. Source of water supply, Milk River and tributaries. Market for produce, local (fair). Distance from railroad, 2 to 40 miles. This estimate includes not only the Milk River project, but also the other projects on the reservation, and covers maintenance and repairs and replace- ments, which are necessary as the old timber structures give out ; salaries and wages, new construction, traveling expenses, transportation of supplies, tele- graph service, fuel, equipment, material, and miscellaneous supplies. The area of the reservation is 537,000 acres and the population is 1,224. An encouraging increase in the use of irrigation facilities is reported. The projects are Milk River system. White Bear system. Three Mile Coulee system. Peoples' Creek system. Lodge Pole and Big Warm systems. The area which can be irrigated on these projects in all approximates 18,000 acres, and more than 10,000 acres are being farmed by the Indians, who are mak- ing commendable progress in their agricultural advance. The total area which will eventually be placed under ditches Is approximately 30,000 acres, and the funds here requested will not only cover the repairs and maintenance, but ex- tend the lateral system to new lands. The Chairman. Why is this increased $5,000? Mr. Meritt. The laterals on that irrigation project have been constructed for a number of years, and we feel that an additional appropriation of $5,000 is necessary to improve the lateral system. The Chairman. Was it caused by washouts? Mr. Meritt. No, sir; it is simply the general condition of the project. The Chairman. Do you mean by that that it has been filled up by timber growth, such as willows and other obstructions, so that the ditches will not carry water to the land? Mr. Meritt. We have had wood construction in some places on this project, and it is necessary to replace it with concrete con- struction. The Chairman. The wood has rotted out ? Mr. Meritt. Yes, sir. Mr. Carter. I notice that this item originally applied to only the Milk Kiver irrigation system, and now you have it for repairs to the irrigation systems; have you some other systems there? Mr. Meritt. I would like for Mr. Reed to explain that. Mr. Eeed. Yes, sir. Some of the systems are located back from the Milk Eiver on subsidiary streams — small streams. Heretofore this appropriation has not reached those systems at all, and some of them have depreciated and gone into a bad state of repair on ac- count of there being no funds with which to keep them up. Mr. Carter. How have you maintained and operated them in the past? Mr. Reed. They have practically not been maintained and operated since they were constructed. There has been very little done to them except by the agency forces who go out and do a little work on them. Mr. Carter. Then, this contemplates the opening up of an irriga- tion project that had been abandoned? Mr. Eeed. No, sir ; it has never been abandoned, but it has never been properly maintained. They have been using them the best they could, but they have gradually gotten into a state of bad repair, and they need repair now. Mr. Carter. How have they been using them if you had no appro- priation to maintain or operate them ? 242 INDIAN APPEOPKIATION BILL, 1917. Mr. Eeed. The Indians themselves take care of them as far. as they can, and the agency employees, such as the subagency farmers and the regular employees, keep them up in a desultory sort of way, but they have gotten into such a condition now that they need more and better work and, as Mr. Meritt says, some of the wooden structures that have been there for a number of years must be replaced. In addition, in that country for some reason the willow growth is im- mense, and the willows have encroached in places on the cross sec- tions of channels and they have to be removed. The Chaieman. Please give us the unexpended balance under these items. Mr. Mekitt. We have an unexpended balance of $179.99. The Chairman. Put a statement of the unexpended balance in the record. Give the unexpended balance under each item. Mr. Meeitt. That shows in the justifications. The Chaieman. Mr. Meritt, heretofore they have been putting these large items that follow on the bill in the Senate after the House has passed upon the bill ; is that contemplated again ? Mr. Meeitt. We have already submitted our estimates for the three projects — the Flathead, Blackfeet, and Fort Peck projects. We had an understanding with the delegation from Montana that these items were not to go into the Indian bill, in view of the fact that these projects are to a considerable extent for the benefit of white people as well as Indians. The estimates have gone to the Committee on Appropriations to be included in the sundry civil bill with the regu- lar reclamation project appropriations. The Chaieman. I am glad you have taken that course in the matter, because it always gives a great deal of trouble, and I hope you will follow out that plan. Mr. Meeitt. It is understood that these items will not be incorpo- rated in the Indian bill. Mr. Caetee. You have an understanding with the Montana dele- gation that they will be taken up by the Committee on Appropria- tions ? Mr. Meeitt. Yes, sir. Mr. Caetee. And that they will not be put on the Indian bill in the Senate ? Mr. Meeitt. Yes, sir. The Chaieman. The next item is as follows : For fulfilling treaties with Crows, Montana: For pay of physician, $1,200; and for pay of carpenter, miller, engineer, farmer, and blacksmith (article 10, treaty of May 7, 1868), $3,600; for pay of second blacksmith (article 8, Same treaty), $1,200; in all, $6,000. Mr. Meeitt. This is a treaty item and I offer the following justifi- cation : FULFILLING TREATIES WITH CROWS, MONTANA. Fiscal year ending June 30, 1916, amount appropriated $6, 000 Fiscal year ended June 30, 1915 : Amount appropriated 6, 000 Amount expended 5, 975 Unexpended balance 25 Analysis of ex^enditures, salaries, wages, etc 5, 975 INDIAN APPEOPEIATION BILL, 1917. 243 Amount allowed in last appropriation act, $6,000 Indian population, 1,699. United Stftlt ?Jf°.'J.°l-^PP'"°Pf ^^^'^ annually to fulfill the obligations of the treaty of Mnv 7 i^s«s v%-'5f'"^''V',^T.^°?^^' ^°^' ^^^ ^^^^ Indians under the "The United States hereby agrees to furnish annually to the Indians the physician, teachers, carpenter, miller, engineer, farmer, and bLcksmiths as herein contemplated, and that such appropriations shall be made froS^time to SCsuch pers'ns^ °' "'' ^'''''''''' '' *^^ '^''^''^ ^' -"^ '"^ ^^ 'o Article 8 of the treaty mentioned provides, inter alia, that " such persons as commence farming shall receive instructions from the farmer herein provided for, and whenever more than one hundred persons shall enter upon the cultiva- tion of soil a second blacksmith shall be provided, with such iron, steel and other material as may be required." There appears to be no limitation in time, and said provisions continue in force. The Chairman. The next item is as follows : For subsistence and civilization of the Northern Cheyennes and Arapahoes (agreement with the Sioux Indians, approved February 28, 1877), including Northern Cheyennes removed from Pine Ridge Agency to Tongue River, Mont., and for pay of physician, two teachers, two carpenters, one miller, two farmers a blacksmith, and engineer (article 7, treaty of May 10, 1868), $85,000. Mr. Meritt. We offer the following justification for that : SUPPORT OF NOETHEKN CHETENNES AND AEAPAHOES, MONTANA. Fiscal year ending June 30, 1916, amount appropriated $85, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 85, 000. 00 Amount expended 77, 293. 21 Unexpended balance 7, 706. 79 Analysis of expenditures : Salaries, wages, etc 22, 479. 21 Traveling expenses 826. 99 Transportation of supplies 3, 883. 30 Telegraph and telephone service 106. 34 Printing, binding, and advertising 15. 00 Subsistence supplies 28, 595. 75 Dry goods, clothing, etc 10. 94 Forage 997.65 Fuel 1, 507. 78 Stationery and office supplies 259. 22 Medical supplies 619. 03 Equipment, material, etc 6, 619. 53 Seed, trees, and plants 857. 96 Care of insane 255. 50 Payment to Indians for diseased horses killed . 130. 00 Care and maintenance of pupils in mission school ~ 10, 126. 41 Miscellaneous 2. 60 77, 293. 21 This is the same amount as has been granted in previous years and is for the purpose of fulfilling the requirements of the treaty with the Indians. Of the amount asked for approximately $20,000 is for pay of employees, including three physicians ; approximately $45,000 is for issuance of subsistence, etc., to Indians, labor in lieu of rations, and other supplies ; $11,000 for contracts with mission schools; balance for forage for Government animals, fuel, traveling expenses of superintendent, physicians, and other employees, etc. 244 INDIAN APPKOPBIATION BILL, IdM. The populatiou of these two tribes aggregates 2,327 members, of whom 1,456 are Northern Cheyennes under the jurisdiction of the Tongue Kiver Agency, Mont., and 871 are Arapahos under the jurisdiction of the superintendent of the Shoshone Indian School, Shoshone Reservation, Wyo. Article 7, treaty of May 10, 1868 (15 Stat. L., 655), reads as follows : " The United States hereby agrees to furnish annually to the. Indians who settle upon the reservation a physician, teachers, carpenter, miller, engineer, farmer, and blacksmiths, as herein contemplated, and that such appropriations shall be made from time to time on the estimates of the Secretary of the In- terior as will be sufficient to employ such persons." In the fifth article of the agreement of February 28, 1877, the United States agrees to provide all necessary aid to assist the Indians in the work of civiliza- tion and to furnish subsistence and certain specified rations. As will be seen, no amount is mentioned or specific period fixed. Article 5, agreement of February 28, 1877 (19 Stat. L., 254), reads as follows: " In consideration of the foregoing cession of territory and rights, and upon full compliance with each and every obligation assumed by the said Indians, the United States does agree to provide all necessary aid to assist the said Indians in the work of civilization, to furnish to them schools and instruction in mechanical and agricultural arts, as provided for by the treaty of 1868. Also, to provide said Indians with subsistence consisting of the ration for each in- dividual of a pound and a half of beef (or in lieu thereof one-half pound of bacon), one-half pound of flour, and one-half pound of corn; and for every one hundred rations four pounds of coffee, eight pounds of sugar, and three pounds of beans, or in lieu of said articles the equivalent thereof in the dis- cretion of the Commissioner of Indian Affairs. Said rations, or so much thereof as may be necessary, shall be continued until the Indians are able to support themselves. Rations shall in all cases be issued to the head of each separate family ; and whenever schools shall have been provided by the Government for said Indians no rations shall be issued for children between the ages of six and fourteen years (the sick and infirm excepted) unless such children shall reg- ularly attend school. Whenever the said Indians shall be located upon lands which are suitable for cultivation, rations shall be issued only to the persons and families of those persons who labor (the aged, sick, and Infirm excepted), and as an incentive to industrious habits the Commissioner of Indian AfCairs may provide that such persons be furnished in payment for their labor such other necessary articles as are requisite for civilized life. The Government will aid said Indians as far as possible In finding a market for their surplus productions and in finding employment, and will purchase such surplus, as far as may be required, for supplying food to those Indians, parties to the agreement, who are unable to sustain themselves ; and will also employ Indians, so far as practicable, in the performance of Government work upon their reservations." The Chairman. Have you any additional statement to make in re- gard to that item ? Mr. Meeitt. No, sir ; except that we felt that the language stricken out in line 18 was unnecessary in view of the same language in line 15. The Chairman. It is a repetition, then ? Mr. Meeitt. Yes, sir. The Chairman. And this will comply with the agreement or treaty with the Indians? Mr. Meritt. Yes, sir. The Chairman. State whether or not any of these treaties have ex- pired ? We do not want to be appropriating money for treaties that have expired. Mr. Meritt. No, sir; none of the treaties that we are asking ap- propriations for have expired, except where it is specifically stated in the bill. The Chairman. The next item is as follows : For the employment of " line riders " along the southern and eastern bound- aries of the Northern Cheyenne Indian Reservation in the State of Montana. $1,500. INDIAN" APPEOPEIATION BILL, 1917. 245 Mr. Meeitt. We offer the following justification for that: LINE EIDEES, NOETHEEN CHEYENNEf EESEBVATION, MONT. Fiscal year ending June 30, 1916, amount appropriated $1, 500. 00 Fiscal year ending June 30, 1915 : Amount appropriated 1 500 OO Amount expended l' 236 00 Unexpended balance 264 00 Analysis of expenditures, salaries, wages, etc 1, 236. 00 The two men employed under this appropriation have previously been used along the boundary of the southeastern portion of the reservation to protect the interests of the Indians and prevent their live stock from leaving the reserva- tion and going onto adjoining lands. They have also been used to some extent for the purpose of apprehending persons stealing and killing live stock on the reservation and in work of a general character in connection with the live-stock interests of the Indians. The amount requested is the same as has been appro- priated in previous years. The Chaieman. The next item is: For the support and civilization of Rocky Boy's Band of Chippewas, and other indigent and homeless Indians in the State of Montana, including pay of em- ployees, §10,000. Mr. Meeitt. We offer the following justification for that : StrPPOET OF EOCKY BOY'S BAND OF CHIPPEWAS AND OTHEB INDIANS, MONTANA. -Fiscal year ending .Tune 30, 1916, amount appropriated $10, 000. 00 Fiscal year ended .Tune 30, 1915 : Amount appropriated 10, 000. 00 Amount expended 5, 198. 30 Unexpended balance 4, 801. 70 Analysis of expenditures : Salaries, wages,- etc 110. 00 Traveling expenses 217. 32 Transportation of supplies 57. 73 Subsistence supplies 4, 252. 20 Forage 138.00 Equipment, material, etc 241. 35 Seed 181.70 5, 198. 30 The needs of this nomadic and practically destitute band of Indians have been constantlv before the denartment and the Indian Office, in various forms, for the past io years. Finally, the act of April 30, 1908 (35 Stat. L., 84), resulted in an appropriation of ,$30,000 for their benefit as follows : " That the Secretary of the Interior be. and he is hereby, authorized to expend not to exceed thirty thousand dollars for the purpose of settling Chief Rocky Boy's Band of Chippewa Indians, now residing in Montana, upon public lands, if available, in the judgment of the Secretary of the Interior, or upon some suitable pxisting Indian reservation in said State, and to this end he is authorized to negotiate and conclude an agreement with any Indian tribe in said State, or, in his discretion, to purchase suitable tracts of lands, water, and water rights in said State of Montana and to construct suitable buildings upon said lands and to purchase for them such necessary live stock and implements of agriculture as he may deem proper. And there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of thirty thousand dollars, or so much thereof as may be necessary, for the purpose of carrying out the provisions of this section." 246 INDIAN APPBOPMATION BILL, 1&17. Pursuant thereto persistent efEorts were made either to purchase suitable land for these Indians or to locate them upon one of the Montana reservations, but without success. Owing to this fact the act of June 30, 1913 (38 Stat. L., 91), made the unexpended portion of the original $30,000 appropriation available for the support and civilization of these Indians in addition to which the Indian act for the fiscal year 1915 (38 Stat. L., 593) appropriated $10,000 for the support and civilization of Rocky Boy's Band, and other indigent and homeless Indians in the State of Montana, making a total of $40,000 appropriated for these In- dians to June 30, 1915. Of this amount $23,313.21 had been expended to the close of the fiscal year 1915, of which approximately $25,000 was for subsistance supplies. Finally, most of these Indians drifted to the southern portion of the abandoned Fort Assiniboine Military Reserve, near Box Elder, Mont., where they are now located. An effort will probably be made during the present session of Gongress to have the four southern townships of this reserve set apart as a permanent reservation for these Indians. Under present conditions Congress is appropriating $10,000 annually for the support of this band, most of which is expended for subsistence supplies, issued gratuitously and with no prospect of the Government ever being relieved of this burden, unless a permanent reservation is set aside for them so that they may become self-supporting, by developing the resources thereof. In the meantime permission wna granted for these Indians to cultivate about 120 acres of land on the reserve, to utilize the necessary pasture for their stock, and to cut un- merchantable green timber for personal use in constructing cabins and as fire wood ; the position of farmer has been authorized for their benefit ; and seeds, implements, etc., purchased, so that they might at least have the opportunity of making an effort toward self-support, pending a final decision as to their per- manent location. They were fairly successful with their crops in the past season and seem to be making a conscientious effort to become self-supporting, as indi- cated in the following letter from Little Bear, one of their chiefs. " I and my people are anxious to have a home ; to settle down and become self- supporting. Other tribes have their own land and homes ; we are homeless wan- derers. You have kindly given us permission touse part of the Fort Assinniboine Reservation to experiment in farming. It is like a child learning to take his first .steps, and of course our attempts may be rather of a failure the first season. However, we are anxious to learn to farm, and if given land that can be farmed and which will be our own, we will soon be self-supporting." However, as they have absolutely no resources excepting a few head of stock, it win be necessary to continue the issuance of rations to them for the present, for which the appropriation we have asked for will be partly used. Should the land be permanently set aside for them, part of the money will be used to purchase teams, implements, and other farming equipment, and to assist them in the erection of homes. However an appropriation will be needed regardless of whether or not the proposed reservation is set aside for them, as it is absolutely essential to issue rations to them in order to prevent them from resuming their former nomadic habits in search of food, by reason of which they become a nuisance to the citizens of towns in that section. There are now about 400 Indians in this band, temporarily encamped on the Fort Assinniboine Reserve, as set forth herein The Chairman. The next item is as follows : That the Secretary of the Interior be, and he is hereby, authorized to with- draw from the Treasury of the United States not to exceed the sum of $100,000, or so much thereof as may be necessary, of the principal sum on deposit to the credit of the Indians on the Blackfeet Reservation in Montana, for the purpose of purchasing and caring for cattle for the use of said Indians, seeds and necessary farming equipment, to enable them to become self -supporting, under such rules, regulations, and conditions as said Secretary of the Interior may prescribe. Mr. Mekitt. We offer the following justification for that item: The amount of $100,000 requested to be set aside from the principal sum on deposit to the credit of the Indians of the Blackfeet Reservation is for the purpose of purchasing live stock to assist the Indian in embarking in the live- stock industry. There are at the present time about 2,500 Indians living on that reservation, a number of whom are already successful stockmen and have good herds, but there is also quite a number who have no stock at all. INDIAN APPBOPEIATION BILL, 1917. 247 The land on the Blackfeet Reservation is especially adapted to the grazing of live stock, and, owing to the shortness of the summer season, is not espe- cially suitable for agricultural purposes. The allotments of this reservation comprise 280 acres of grazing land and 40 acres of irrigable land each. Owing to the impracticability of conducting successful farming operations a large portion of these Indians seek employment elsewhere at day labor and their homes and allotments are therefore badly neglected. If the reservation is properly stocked with cattle, beneficial use can be made of the grazing facilities available and the general conditions of the Indians can be improved by harvesting hay and raising alfalfa and other forage which can be utilized In feeding the live stock and for which a ready market can be had at home on account of the need of providing winter feed for them. During the past year 1,800 heifers and 60 bulls were purchased and placed on the range as a tribal herd in accordance with the plan of stocking the reserva- tion for the benefit of the Indians and it is now proposed to further increase the size of that herd by the purchase of additional animals. It is estimated that the grazing lands on that reservation will support about 50,000 head of live stock and the total number now owned by the Indians is about 25,000 head. It is proposed to gradually reduce the number of outside cattle grazing on the range as the stock belonging to the tribal herd and individual Indians Increases. A little over two years ago the office endeavored to make arrangements to purchase live stock from the Blackfeet Reservation 4 per cent fund, but the comptroller ruled that under the provisions of the act of June 10, 1896 (29 Stats. L., 354), only one-third of the amount available could be used for that purpose under the law, and after the purchase of stallions needed to develop the horse industry, the balance available was so limited that it was considered Inadvisable to make the purchase at that time. Many of the Indians are without resources to provide for their own needs and it is necessary, to a large extent, to expend funds to provide for them ; a condition which is inexcusable in view of the grazing resources of the reservation. The balance of this fund available July 1, 1915, Including refunds, was $162,933.47, which, after deducting the sum of $26,850.62 already hypothecated for the present year, leaves a balance of $136,082.85. Mr. Chairman, the printer left out on line 24, after the vford "Indians," the words "seeds and necessary farming equipment." The Chairman. Do you desire that inserted in the bill? Mr. Meeitt. Yes, sir. The Chairman. "Would not that be included under the language you have here? Mr. Meritt. I doubt if it would, and we think it would be well to make it more definite. The Chairman. Is there any further explanation you desire to make in regard to that item ? Mr. Meritt. None in addition to the justification. The Chairman. The next item is as follows : For the purchase of a strip of land containing sixteen acres, more or less, lying between the Flathead River and the Flathead Indian Agency reserve, Montana, for an addition to said reserve, $320, and said amount shall be reimbursed to the United States from the proceeds arising from the sale of lands and timber within the Flathead Indian Reservation. Mr. Meritt. We offer the f oUewing justification for that item : The strip of land desired lies between the Flathead River and that part of the present reserve that will be converted into a pasture, and its acquisition will give a river frontage along the west line of the reserve and furnish better facilities for the stock to obtain water. On the agency reserve there are approximately 20 acres that are unpro- ductive, due to a sharp hill in the southeastern part and some low Places along the southwestern boundary line. Eliminating the low spots and the hill above referred to and the part covered by the agency buildings, very little remains for pasturage after plowing and sowing into crops about 45 acres. It is desirable to have, immediately in connection with the barn and corral, a grazing area for stock. This tract not only lies adjacent to the barn and 248 INDIAN APPEOPEIATION BILL, 191*7. corral, but affords an ideal pasture by reason of its being covered with a few large trees and lying along the river. The strip of land is owned by Eli Palin, an Indian, and was patented to him under date of September 17, 1914, patent No. 431953. Mr. Palin offers to sell this piece of land, consisting of 16 acres, more or less, for $320, which the superintendent states he believes to be fair and just. Mr. Campbell. I see that you have changed the language in these items. Mr. Meeitt. This is a new item. Mr. Campbell. A new item entirely? Mr. Meeitt. The other was not a new item. The one preceding this was a new item. Mr. Campbell. It is a modification of the former use of that fund? Mr. Meeitt. We are asking for the use of $100,000 from the tribal funds in the Treasury for the purchase of cattle, seed, and farming equipment. Mr. Campbell. In the former appropriation bill you had $25,000 for the purchase of cattle, etc. Mr. Meeitt. That was for the Northern Cheyenne Indians, but this as a falling off in the attendance. Recently the attendance has largely increased, and there is a very strong demand for admittance of many more than 300. As Carson School is the only nonreservation school in the State, and as there is a large number of Indian children without school facilities, it is important that the appropriation for 300 be made as it was in former years. Eight thousand dollars for repairs and improvements will be needed to keep the buildings, which are old and worn with usage, in proper condition. Much painting, kalsomining, and ordinary repairs, including plumbing, will be re- required to keep the buildings, sewer and water systems in proper condition. This school is ea.sily filled to its capacity, and it should be maintained for many years. Twenty-five thousand dollars is estimated for the construction of a new dormi- tory building. The present building was erected in 1880. It is in such bad condition that it is deemed advisable and economical to tear it down and con- struct a new dormitory building in its stead. We have very materially improved the conditions at this school during the last year. There are probably about 8,000 Indians in that State, and this is the only large boarding school in the State. The Chairman. Is it a nonreservation school? Mr. Mekitt. Yes, sir. The Chairman. I see you want a new dormitory, at a cost of $25,000; have you had any dormitory there heretofore? Mr. Meritt. The attendance has increased at this school so much that it is necessary to provide additional dormitory space. The Chairman. You ask $25,000 for that? Mr. Meritt. Yes, sir; and we very much need that on account of the increased attendance at the school. We are unable to provide adequately for the pupils without this increase in the dormitory facilities. . The Chairman. What is the necessity for this additional appro- priation? You propose to increase the capacity from 250 to 300 '1 9 Mr. Meritt. We find that we have need for a 3D0-pupil capacity dormitory at that school in order to take care of all the children who desire to attend the school. The Chairman. What is the per capita cost there i Mr. Meritt. One hundred and eighty-five dollars. 256 INDIAN APPKOPBIATION BILL, l^ll. The Chairman. What is your unexpended balance ? Mr. Meeitt. It is $981. The Chairman. I see you are asking $4,000 for irrigating the school farm. Is this an industrial school 'i Mr. Meeitt. Yes, sir ; it is an industrial school, and the land there has practically no value without irrigation. The Chaieman. Where do you get water for it ? Mr. Meeitt. We propose to purchase or develop the water. The Chaieman. Is there a ditch there that you can purchase water from? Mr. Meeitt. Yes, sir. The Chairman. A ditch that can supply this land with sufficient water ? Mr. Meeitt. ,Yes, sir. The Chairman. How much land do you propose to have in the school farm ? Mr. Meeitt. I think about 160 acres. The Chairman. You say that this land is of little value unless water is furnished for its irrigation ? Mr. Meeitt. Yes, sir ; that school is in an arid country and irriga- tion is absolutely necessary. Mr. Carter. What Indians attend this school ? Mr. Meritt. Different tribes of Indians in the State of Nevada. We have quite a large number of Indians in that State. Mr. Carter. I notice that you have an increase here of $39,000, all told? Mr. Meritt. Yes, sir. Mr. Carter. Consisting of an increase of 50 pupils, $4,000 for irrigating the school farm, and $25,000 for a new dormitory building? Mr. Meritt. Yes, sir. Mr. Carter. This is the largest increase you are asking for in any school, is it not ? Mr. Meeitt. That is probably the largest increase we are asking for. This school was allowed to run down for a number of years, and we ask for this additional equipment in order to place that school on its feet to serve the attendance there. Mr. Carter. Now, you say you have just placed it in a very fine condition, and why is it now necessary to spend all of this additional money just after you have put it in such elegant shape ? Mr. Meritt. We have placed it in as good condition as possible with the appropriations available. We have placed a new superin- telident in chai'ge and the attendance has increased. We feel that with this new dormitory and the appropriation for irrigating the school farm we can increase the attendance to 300 pupils instead of 250, and that would be economical administration from the Gov- ernment's standpoint. Mr. Carter. Yon not only ask for an increase in the attendance, but a new dormitory to take care of that increase? Mr. ilEEiTT. Yes, sir. Mr. Caeter. And your capacity last .year was 286 pupils? Mr. Meritt. The attendance was 256" pupils. Mr. Carter. But your capacity now is 286 pupils? Mr. Meeitt. Yes, sir. INDIAN APPKOPEIATION BILL, 1917. 257 Mr. Carter. Do you think that this committee would be iustified in reporting aj m i _^ tl^is increase of $39,000 in order to take care of 14 more pupils ? Mr. ISIeeitt. With this additional dormitory we can provide for a/ ri^'^P^^^*^ ^^ ^^^ pupils, whereas we now have only 25fi. Mr. Carter. But you have capacity for 286 pupils ? Mr. Meeitt. Yes, sir. Mr- Carter. So that, in order to take care of the 300 pupils, it would only be necessary to provide for 14 more pupils. Don't vou think that is a pretty big amount to spend— $25,000 for the housing of 14 pupils? Mr. Meritt. In order to improve the general dormitory facilities ot this school, it will be necessary to have a new building. The present dormitory facilities are inadequate. Mr. Carter. But you have dormitory facilities for 286 pupils? Mr. Meritt. Yes, sir; we can crowd them in there in an in- adequate way, but the dormitory facilities there are not what they should be. The Chairman. The next item is as follows : For beginning improvement, enlargement, and exteiiision of tlie irrigation diversion and distribution system to irrigate approximately three thousand three hundred acres of Indian land on the Pyramid Lake Reservation, Nevada, $30,000, reimbursable from any funds of said Indians now or hereafter avail- able, and to remain available until expended : Provided, That the cost of said entire work shall not exceed $85,000. Mr. Meriit. This is a new item, and we offer the following justi- fication : PYBAMID LAKE EESEEVATION PKCFBCTS. Indian tribe, Pah-Ute. Number of Indians, 609. Area of reservation, 322,000 acres. Area at present irrigated (attempted), 1,000 acres. Area at present irrigable, 600 acres. Area at present farmed by Indians, 1,000 acres. Area at present farmed by lessees, none. Area at present farmed by white owners, iioue. Area of whole project, 3,300 acres. Cost of irrigation construction and maintenance to June 30, 1015 (largely maintenance), $41,836.73. Estimated additional cost of completed project, $84,000. Estimated total cost of completed project per acre, $38.50. Average value of irrigated lands per acre, $60. Average annual rainfall, 5 inches. Source of water supply, Truckee River; market for crops, local (good) ; dis- tance from railway, 1 mile. The funds here requested are for the initiation of an irrigation project which will supply 3,300 acres. The Indians of this reservation number 609 and at present they are attempting to farm nearly 1,000 acres, but their irrigation sjstem is very poor, and frequently the water supply is temporarily lost, due to the failure of some of the structures or the canals. It is proposed to build a permanent concrete diversion dam in the Truckee River, from which the water supply is drawn, and initiate the construction of the distributing system which will eventually supply the whole territory of this project. It is abso- lutely essential to the prosperity of these Indians that they be supplied with a properly constructed irrigation system, and during the past two years large amounts have been spent each year in attempting to maintain the makeshifts at present in use. The Indians of this reservation are comparatively indus- trious, and no doubt advantage will be taken by them of any facilities for increasing the irrigable area. 258 INDIAN APPEOPEIATION BILL, 1917. The Chairman. "Wliat further statement do you desire to make m regard to this item ? Mr. MEEi'rr. Mr. Keed, do you wish to make a statement in regard to this item ? Mr. Reed. I do not know that there is anything that I can say that is not in the justification. These Indians are very industrious. They have had a very old dilapidated system for some years, and it is now a complete wreck. The structures are all of wood. It was put in as a temporary system, and they have had but little money to spend from year to year in making temporary repairs. That kind of work is simply a waste of money, because it is not perma- nent. It is taken out in the next spring's floods. It is up to the point now to decide whether to go ahead and make some permanent improvements or practically abandon it, and let these Indians go back to the desert state. The Chairman. I notice that you make this amount reimbursable. Have these Indians any funds out of which the amount asked for in this appropriation can be paid? Mr. Mekitt. They have no funds at this time, but ultimately they may have surplus lands to be disposed of, and the Government then can be reimbursed. The Chairman. How much land have they under this jproposition that you speak of? Mr. Reed. The total amount will be about 3,300 acres. The CHAiRAtAN. In order to complete it, how much money will be required ? Mr. Reed. To complete the whole system, about $85,000. The Chairman. That is the amount asked for? Mr. Reed. We aslc for a portion this year. That amount would be for completion. The Chairman. Would the Indians farm this land if they had this appropriation? Mr. Reed. I think so. They have to make their Jiving from the land, and they are very energetic. The Chairman. Are they now living on the land ? Mr. Reed. Yes, sir ; they have been for years. The Chairman. Have they been farming it ? Mr. Reed. Not all of it, but some, as they could get the water, but it has been unsatisfactory on account of the temporary work. The Chairman. Have the lands been allotted to them that fhey are living on now ? Mr. Reed. I am not sure ; I do not know. The Chairman. Have the lands been allotted to these Indians living on this ditch that you propose furnishing water to ? Mr. Meeit,t. I think so. Mr. Reed. They have patches which they farm. Mr. Meritt. They have received tentative allotments. The Chairman. I would like to know whether they own the lands individually or as a tribe. Mr. Meritt. They have not been permanently allotted, but simply tentatively. The Chairman. Then the lands belong to the whole tribe? ' Mr. Meritt. Yes, sir. INDIAN APPEOPEIATION BILL, 1917. 259 onmmi3r''"°'l" -^^ '^'^""^ '''^^ existing legislation to authorize the commissioner to assess against Indian allotments the benefits accru- ing trom the establishment of irrigation ditches « Mr. Meritt Yes, sir The Indian appropriation act of August 1, 1914, carried that legislation. ^ ' Mr. Carter. You spoke of the reimbursable feature of this item and said that these Indians might have some lands for sale. How much land have they? Mr. Merito. They have a reservation covering 322,000 acres Ihere are 609 Indians on this reservation. They have irrigated up to the present time approximately 1,000 acres, but the dam is very inadequate and is washed out frequently, and when the Indians most need the water they can not get it. Mr. Carter. Do you think there is any probability of the reim- bursement to the Treasury of this $85,000? Mr. Meritt. Yes, sir. I think they have property adequate to reim- burse the Government ultimately. Mr. Carter. No property but the land ? Mr. Meritt. That is the situation. Mr. Carter. Would it not be necessary for them to have this amount of land for stock purposes, etc. ? Mr. Meritt. They would probably utilize this land for grazing purposes for a while, but ultimately the land will be disposed of, and they will have the proceeds from the sale of the land. The Chairman. How many Indians are there on this reservation? Mr. Meritt. Six hundred and nine. The Chairman. The next item is: For the purchase of land and water rights for the Washoe Tribe of Indians, the title to which is to be held in the United States for the benefit of said In- dians, $10,000, to be immediately available and to remain available until ex- pended ; for the support and civilization of said Indians, $5,000 ; in all, .$1.5,00a What justification have you to offer for this item? Mr. Meritt. We offer the following justification for this item, Mr. Chairman : Purchase of lands, etc., Washoe Indians, Nevada .$15, 000 In justification for this item it may be' said that it has been reported that there are about 600 Washoe Indians in Ormsby and Douglas Counties who make a precarious livelihood working at odd jobs, supplementing the little money they are able to earn for subsistence by gathering nuts and by fishing. Some of these Indians are said to be in a deplorable condition, and no doubt the older ones are quite helpless, and probably not well cared for. This matter was thoroughly discussed by the Senate Committee on Indian Affairs of the Sixty-third Congress, third session, and the item was agreed to. Senator Pittman, who presented the item, among other things said : " These Indians have been at peace with the whites from the begiiming. la the days when they had the Piute wars the Washoes sided with the whites andl aided and assisted them. The result has been that the Piute Indians in that State are bitter against the Washoes. The Piutes have received the assistance and protection of the Government, but the Washoe Indians have never received any assistance or protection whatever. They are the best Indians in our State They are a splendid, high-class type of Indian. A number of years ago they were granted a little tract of land in the Carson Valley. That land, however, was on the shelf, as we term it in that country. It was not in the valley proper. ' It was on the slide rock which comes down from the mountains, and so it was impossible for agricultural purposes. The Indians were unable there to do anything. These Indians live just from hand to mouth. They will pitch a little bit of a tent around the edge of a town or mining camp. The women will try 260 INDIAN APPROPRIATION BILL, 1917. to get washing and the men will try to get a job ehoppins some wood, but It is a very precarious living they earn at the outside. They have no reservation to live on, and no protection whatever, and it Is an outrage. The people of the State are very much interested in that, and have for a long time been trying to do something for them. It is useless to go and appropriate for some public lands unless you can acquire water rights for them. The water rights in that State have been appropriated, or have been set aside for the Government projects, which places it beyond the reach of the Indian. Those who take the most interest In Indian affairs in our State think the best thing to do is to pur- chase a tract of real agricultural land, say, 100 acres, close to Carson City, with a water right, where these Indians can raise garden stufC and chickens and have a home and a market for their produce." Further discussion of this Item will be found on pages 252 and 306 of the Senate hearings. The Nevada Indians have not heretofore received the attention from the Government that Indians in other States have received. We have a great many homeless Indians in Nevada, and it is very desirable that we place those Indians on lands that we can irrigate. The Chairman. How many Indians are there in this Washoe Tribe? Mr. Meritt. There are 600. The Chairman. Are these Indians agriculturists — ^Indians who live by farming — or are they nomadic? Mr. Meritt. At the present time they hare no lands and they make their living by working at odd jobs; whatever they can get to do they do to make a living. The Chairman. It there a reservation set apart for them? Mr. Meritt. No, sir. They live in Washoe and Douglas Counties, Nevada, and travel from one place to another. The Chairman. And heretofore have had no permanent home ? Mr. Meritt. No, sir. The Chairman. Has the Government ever had supervision and control over them? Mr. Meritt. They are supposed to be under the jurisdiction of the Govex'nment. The Chairman. In what way have appropriations ever been made ? Mr. Meritt. You make a general appropriation for the support and civilization of Indians in Nevada, but the appropriation for that purpose has not ben sufficient to purchase lands for them. In fact, we are without authority to purchase lands without specific pro- vision of law authorizing us to do so. The Chairman. Have these Indians any lands now to cultivate ? Mr. Meritt. Only small gardens and patches on lands they do not own. The Chairman. On the public domain? Mr. Meritt. Yes, sir. The Chairman. Is there anything to prevent these lands from being allotted to the Indians under existing laws? Mr. Meritt. They also live temporarily on lands owned by white men until the white people drive them off. The Chairman. Would it not be possible and would it not be right for the Government to see that these Indians are located on homesteads on the public domain rather than by the appropriation proposed here? INDIAN APPEOPEIATION BILL, 1911. 261 Mr. Meritt. There is very little land in Nevada available for homestead entry that is desirable for the Indians simply because there is no water supply, and it will be necessary to purchase a water sup- ply for the land that we buy for them. The Chairsian. Would it be good legislation, if they are living upon the public lands now, some of them, and making a living by using the water in the streams they are living on, to go ahead and buy other lands when they can homestead the lands they are now living on? Mr. Meeitt. We can not furnish a water supply to the lands that we might allot to them under the fourth section of the allotment act, for which we have authority now. The principal question is not so much one of land as it is of water. Mr. Norton. How many Indians are there in this band? Mr. Meritt. Six hundred. Mr. Norton. How much land is it proposed to purchase? Mr. Meritt. We will, of course, make the very best purchase that we can for them. That has not been definitely determined. Mr. Norton. With this $10,000? Mr. Meritt. Yes, sir. If this appropriation is made, Mr. Norton, I will see that none of it is used for paying salaries; but we will pay those salaries out of other general funds. The Chairman. I notice, in line 2, you have this item, " For sup- port and civilization of Indians in Nevada, including payment of employees, $18,500 " ; and here you have the item, " For support and' civilization of the said Indians, $5,000," and you say they are in the State of Nevada. Why does not the general appropriation cover that? Mr. Meeitt. Because we have such a large call on this general item that we can not purchase lands out of the small appropriation. The Chairman. You only ask for $5,000. Why not add that to the $18,500 you now have, and only have one item? Mr. Meritt. We want to get this band located on the land that we propose to buy for them, and to build small homes for them out of this specific appropriation. We should prefer that the two ap- propriations should be kept separate ; but, in order to make it per- fectly clear, we should be glad to see a proviso added to this item: "Provided, That no part of this fund shall be used to pay the salaries of employees." We want to use all the appropriation for the benefit of the Indians. The Chairman. Then these Indians would be supervised by the employees that are covered by the $18,600 appropriation? Mr. Meeitt. Yes, sir. The Chaieman. The next item is : NEW MEXICO. Sec. 15. For support and education of four hundred and fifty Indian pupils at the Indian school at Albuquerque, New Mexico, and for pay of superintend- ent, $77,400 ; for general repairs and improvements, $8,000 ; for the purchase of additional acreage adjoining the school farm, $12,000 ; in all, $97,400. What justification have you to offer for this item, Mr. Meritt? 262 INDIAN AFI'KOPRIATION BILL, I'JH. Mr. Mekitt. I offer the following justification for this item: INDIAN SCHOOL, ALBUQUERQUE, N. MEX. Fiscal yeiir ending June 30, 1916, amount appropriated $68, 600. 00 Fiscal year ended June 30, 1915 : Amount appropriated 68, 600. 00 Amount expended 68, 292. 58 Unexpended balance 307. 42 Analysis of expenditures : Salarie.s wages, etc 26,698.77 Traasportation of supplies 442. 56 Heat, light, and power (service) 1,428,29 Telegraph and telephone service 76. 54 Printing, binding, and advertising 9. 00 .Subsistence supplies 16, 715. 30 Dry goods, clothing, etc' ^ 9, 488. 01 Forage 2, 632. 31 Fuel 2, ,548. 36 Stationery and office supplies 95.28 Educational supplies 688, 45 Medical supplies 380. 06 Equipment, material, etc 6,884.79 Miscellaneous 204.86 68, 292. 58 Fiscal year ending June 30, 1916, amount aiopropriated 5, 000. 00 Fiscal year ended June 30, 1915 — Amount appropriated 5, 000. 00 Amount exisended 4, 991. 37 Unexpended balance 8.63 Analysis of expenditures — Repairs (to plant) 4,613.37 Construction 378.00 4, 991. 37 Statistical statement for year ending June 30, 1915: Value of school plant — real property ,$228. S05. 00 Number of buildings 35 Number of employees 41 Average attendance of ])upj!s 427 Enrollment 441 Capacity 400 Cost per capita based on enrollment ' !|>174. 90 Cost ]ier capita based on average attendance '.$180.64 Area of school land, acres 72.25 Area of school land, acres cultivated 35.77 Value of products of school .$10,172.42 Superintendent's estimate of absolute needs for 1917 — Support $76, 950. 00 Repairs and improvements 8,000.00 New buildings 10, 000. 00 Pureliaso of land adjacent to or in vicinity of school farm_ 12,000.00 Total 106, 950. 00 1 This Includes $1,047.80 spent for the transportation of pupils and $7,792.41 for the transportation of goods and supplies. There was also expended $412.01 from miscellane- ous receipts, class 4. INDIAN APPROPKIATION BILL, 1917. 263 Amoimt requested in proposed bill, 1917 — Support and education of 450 Indian pupils and superin- tendent's salary tyy ^qq qq Repairs and improvements s' 000 00 Purchase additional acreage adjoining the school farm__ 12,' 000 00 Total- 97, 400. OO Salaries : Superintendent $2, 250 Clerk 1,200 Assistant clerk 900 Physician (6 months, at $1,200) 600 Disciplinarian 900 Assistant disciplinarian, 720 Teacher 1, OOO Do 750 Do 750 Do 750 Do 660 Do 660 Do 660 Kindergartner 780 Teacher 600 Domestic science teacher. 600 Matron 720 Assistant matron 600 Do 540 Do 300 Nurse 720 Seamstress 600 . Assistant seamstress 480 Salaries — Continued. Laundress $600 Tailor 720 Baker 540 Cook 600 Assistant cook 480 Carpenter 800 Assistant 150 Do 150 Superintendent of indus- tries 1,000 Shoe and harness maker. 600 Blacksmith and wheel- wright 840 Gardner 780 Engineer 720 Assistant 180 Do 180 Do 180 Do 180 Laborer__ 600 Do 480 27, .520 Since the passage of the last appropriation bill the enrollment at this school has Increased from 365 to 441 and the average attendance from 336 to 427. The amount of .$77,400 asked for viuder the support item provides for 450 children and includes the salary of the superintendent. The products of the school amounted to $10,172 for the last fiscal year, an increase of approximately 50 per cent over the products for the previous year and is double the amount for the year ending June 30, 1913. This assisted materially in caring for the increased attendance. Eight thousand dollars is estimated for repairs and improvements. This amount is needed for repairing the water system and extending it to buildings not now connected, to make extension to the heating and pumping plant which it has been impossible to make for lack of funds, to Improve the sewer system so as to give better results and make it more sanitary, and for repairs of a general nature at the school, including the replacing of the worn floors, stairs, and roofs. The amount asked for is only 3i per cent of the value of the plant, or 3.86 of the value of the plant exclusive of the land, and is extremely low. The amount of $12,000 is requested for the purchase of additional land adja- cent to or in the vicinity of the school farm. With an attendance of 400 pupils the school has available for the purposes of agricultural and dairy instructions only 40 acres of land. It is desired to add to this tract so as to provide adequate instruction for the pupils. The Albuquerque school is a very fine Indian school and is located near the homes of the Pueblo Indians. We have Indians in New Mexico to the number of 21,000. The Chairman. Pueblo Indians? Mr. Meeitt. We have probably 8,000 Pueblo Indians altogether and a total of 21,000 Indians in New Mexico. 264 INDIAN APPROPRIATION BILL, 1917. The Chaikman. The others are Apaches of different bands? Mr. Meeitt. Yes, sir ; we have Apache Indians in New Mexico. The Chairman. You have a general appropriation in the first part of the bill for the Arizona and New Mexico Indians — a lump- sum appropriation? Mr. Meeitt. That is for the agencies and schools not specifically provided for. This is a nonreservation school and all of them are specifically provided for in the Indian bill. Mr. Perry, the superin-' tendent of the school, has been in the service a great many years and he is one of our best superintendents. The Chairman. I notice that you want to buy additional acreage adjoining the school farm. Does not the land all around that farm belong to the Pueblo Indians? Mr. Meeitt. No, sir. This school is right on the outskirts of the city of Albuquerque, and it is necessary for us to purchase this land. The Chairman. How much land do you propose to purchase ? Mr. Meeitt. "We expect to purchase a tract of about 40 acres of irrigated land. The Chairman. Land that is under ditch now ? Mr. Meritt. Yes, sir ; and that wiU include the water right. The Chairman. Is it a perpetual water right or an annual water right? Mr. MsRirr. It is a perpetual water right. The Chairman. What will it cost per acre ? Mr. Meritt. The cost will be about $300 an acre. The land is irri- gated land near Albuquerque and is very expensive. The Chairman. Is that the value of land similarly situated under ditch in that neighborhood? Mr. Meeitt. Yes, sir. The Chairman. Do you propose to buy the land in the town or in the suburbs? Mr. Meritt. In the suburbs of the town adjoining the present school land. We are emphasizing the industrial feature at all of our nonreservation schools, and it is our desire to have an adequate farm so as to raise produce and teach the boys agriculture. The Chairman. Have you any land for farming at this school? Mr. Meritt. We have only a very small tract, entirely inadequate to meet the needs of the school, and for that reason we are required to purchase many things that we should raise for the school. Mr. Carter. What did you say it would cost per acre ? Mr. Meritt. About $300. There will be no expense for salaries in connection with the purchase of this land. The Chairman. The next item is : For support and education of three hundred and fifty Indian pupils at the Indian school at Santa Fe, New Mexico, and for pay of superintendent, $60,700 ; for general repairs and improvements, $8,000 ; for water supply, $1,600 ; In all, $70,300. What justification have you to offer for this item? Mr. Meeitt. We offer the following justification for this item, Mr. Chairman: INDIAN APPEOPEIATION BILL, 1911. 265 INDIAN SCHOOL, SANTA FE, N. MEX. Fiscal year ending June 30, 1916, amount appropriated $61, 150. 00 Fiscal year ended June 30, 1915 : Amount appropriated 61, 150. 00 Amount expended 60, 809. 31 Unexpended balance 340. 69 Analysis of expenditures: Salaries, wages, etc 25, 121. 74 Traveling expenses 7. 25 Heat, light, and power (service) 1,109.62 Telegraph and telephone service 113. 05 Printing, binding, and advertising 2. 50 Subsistence supplies 11, 682. 77 Dry goods, clothing, etc 6, 547. 52 Forage 1, 913. 28 Fuel 5, 763. 59 Stationery and office supplies 32. 00 Educational supplies 235. 42 Medical supplies 292. 67 Equipment, material, etc 6, 231. 79 Irrigation water 1, 600. 00 Miscellaneous 156. 11 60, 809. 31 Repairs and improvements : Fiscal year ending June 30, 1916 ; amount appropriated 6, 000. 00 Fiscal year ended June 30, 1915 — Amount appropriated 6, 000. 00 Amounted expended 5, 513. 54 Unexpended balance ' 486. 46 Analysis of expenditures, repairs (to plant) 5, 513. 54 Statistical statement for year ending June 30, 1915 : Value of school plant— real property $155, ^Tb.ia Number of buildings ^° Number of employees ^° Average attendance of pupils *^* Enrollment ^°" Capacity — »«iftq 79 Cost per capita based on enrollment ^ |:[02- 'f Cost per capita based on average attendance * '^;„a Area of school land acres- 106 Area of cultivated .school land do ^o Value of products of school »1U, bib. »8 Superintendent's estimate of absolute needs for 1917 : Support HO^ Repairs and improvements onnnn New buildings 6i),vw Total 100'3»0 Note.— Expended from appropriation "Indian School, Santa Fe, N. Mex., dairy barn," $3,959.75. 1 This is not a final balance, as there may be outstanding obligations yet to be charged *^ThiVindS^eT,?l!402°74 spent for the transportation of goods and supplies. There was also used $.374.34 miscellaneous receipts, class 4. 266 INDIAN APPROPKIATION BILL, 1917. Statistical statement for year ending June 30, 1915— Continued. Amount requested in proposed bill, 1917 : Support and education of 350 Indian pupils and superm- tendent's salary Repairs and improvements _ Water $60, 700 8,000 1,600 Total . Salaries : Superintendent $2, 250 Principal 1, 000 Clerk 1, 200 Financial clerk Physician : Disciplinarian Assistant disciplinarian.- Teacher Do Do Po—J Do Klndergartner Domestic science teacher. Industrial teacher .;- Matron j_jj — Assistant matron Do Do Nurse Seamstress 720 720 720 600 720 660 840 630 600 750 600 900 720 600 300 600 720 660 Salaries — Continued. Laundress Assistant laundress Baker Cook, ' Assistant cook Painter Cai-penter Tailor Shoe and harness maker. Blacksmith Gardener ■ Engineer Assistant engineer Assistant Do_i Do Laborer Do 70,300 $600 180 540 600 300 780 780 720 660 720 600 900 300 240 240 180 480 480 25, 810 Sixty thousand seven hundred dollars is necessary for the support of 350 Indian children and salary of the superintendent. The item of $8,00Q for. repairs, and improvements is slightly over 5 per cent of the value of the. plant and a little less than 51 per cent of the value of the plant exclusive of the land. It is made necessary by the fact that in addition to current repairs, many of the roofs and floors need to be renewed, to furnish proper protection to the buildings. The item of $1,600 covers the cost of water for the year for domestic and irrigation purposes. It has been allowed each year with the support item an J is essential to the maintenance of the school. The Chairman. Is there any further statement that you desire to make relative in regard- to this school? Mr. Meeitt. Gnly to say that this school is located practically adjoining the Pueblo reservations in New Mexico and is very largely filled by the. children from those reservations. The Chairman.- The next item is : For the pay of one special attorney for the Pueblo Indians of New Mexico, to be designated by the Secretary of the Interior, and for necessary traveling .expenses of said attorney, $2,000, or so much thereof as the Secretary of the Interior may deem necessary. What justification have you to offer for this item? Mr. Meritt. We offer the following jvistification f oi' this item, Mr. Chairman : COUNSEL FOE PUEBLO INDIANS IN NEW MEXICO. Fiscal year ending June 30, 1916, amount appropriated $2,000.00 Fiscal year ended June 30, 1915: -Amount appropriated--- :. 2,000.00 Amount expended ___j_____ ^ 1, 601. .36 Unexpended balance- 398. 64 INDIAN APPKOPEIATION BILL, liil". 267 Analysis of expenditures : Salarie'^, wages, etc $1,500.00 Traveling expenses 12. 10 Miscellaneous and incidental expenditures 89.26 1, 601. 38 There are 19 pueblos in the State of New Mexico, with a total population of more than 8,000 Indians. These Indians possess lands aggregating 1,000,000 acres, most of which are held under old Spanish grants. They have been deprived of the use of extensive areas by reason of conflicting claims, trespass- ing, and adverse possession. A number of suits have been instituted to which the Pueblo Indians are parties, and the counsel furnished them by the Government, in addition to handling these cases, gives legal advice to both the superintendents in charge of the Indians and to any of the individual Indians who request it. The litigation, which involves large tracts, requires on the part of the rep- resentative of the Indians the knowledge of Spanish and Mexican law. Prog- ress made in the suits is unfortunately slow, but it is absolutely necessary that the suits be prosecuted to a conclusion, that it may be determined just what lands these Indians actually own, and after which the Government will be in a better position to assist them in becoming self-supporting. The litigation requires considerable travel on the part of the attorney throughout the State of New Mexico, and one-fourth of the appropriation has been used for traveling expenses in addition to court costs. The salary paid the attorney is small, considering the amount and importance of the work required of him. The Chairman. Have you any report from this attorney showing what service he has performed for the Indians in the past year ? Mr. Meeitt. We require him to make a report. The Chairman. Is that report included in this statement ? Mr. Meeitt. No, sir. The Chaieman. "Will you please furnish it to us? Mr. Meeitt. Yes, sir. (The report referred to by the chairman follows:) Santa Fe, N. Mex., Jidu 21,, 1915. Hon. Cato Sells, Commissioner of Indian Affairs, Washington, D. C. Deab Sie : I am inclosing herewith report called for by your wire and subse- quent letter showing results accomplished in pueblo litigation during the past fiscal year. The delay in examining the files and sending this report is due to my absence in Denver, where I was trying an important case in United States court, which was several days longer in the trial than I expected when I went there. Trusting the same covers the ground desired, I am. Very respectfully, yours, J. H. Ckist, Special Attorney. Department of the IiNtekior, United St.\tes Indian Service, Santa Fe, N. Me.r., .July 2-'i, 1915. To the honorable Commissioner of Indian Affairs. Sib: In reply to your wire of the 6th ultimo and sub.sequent letter on the same subject, I have to report: ^ t^- ^ . ^ m 4. The case of A R. Mamby v. Manuel Martinez, Taos County District Court, which involves some lands claimed by the Taos Indian pueblo, was concluded, in so far as the taking of testimony was concerned, and was argued and sub- mitted and has been in the hands of the judge of that judicial district for some months past awaiting his decision. All parties in interest have been ex- pecting this decision for some time past, but it has not yet been handed down In the case of William Walker Wynne v. The Unknown Heirs of Pedro Vijil de Satillano et al., which also Involves a parcel of land claimed by the Taps Indian pueblo, Francis O. Wilson, Esq., my predecessor in office, has continued 268 INDIAN APPEOPBIATION BILL, 1917. to represent the interests of the pueblo, and I am advised that testimony is being tal^en from time to time before the referee, the plaintiff not yet having concluded his testimony. In the case of Frederico Sanchez et al. v. Pueblo of Isleta the testimony was all taken before I took office. I found the case ready for submission to the iudgre of that judicial district. After a careful examiuation of all the evidence in the case, both documentary and by witnesses, I was unable to see that the pueblo of Isleta had a good title to the laud in question as against the plaintiffs. The land in question in this case is a part of the Lo de Padilla grant, which the pueblo purchased from the heirs of the grantee, Diego de Padilla, in 1750, and which the pueblo sold to the ancestors and grantors, of the plaintiffs in this case in 1797. The pueblo of Isleta alleged that the United States Court of Private Land Claims confirmeil and decreed the said Lo do Padilla grant to the pueljlo on the 28th of November, 1896, but an examination of that decree discloses that it w&s made to the heirs and legal representatives of the original grantee, and therefore inured to the benefit of the legal owners of the land at the time of the confirmation. If the plaintiffs in this case were the legal owners of that part of the grant which is involved in the case, as would appear from their deed in 1797, then this decree of confirmation inured, in my opinion, to their benefit, as well as to the benefit of all others who owned interests in the Lo de Padilla grant or any part thereof, which had been alienated by the ■ pueblo of Isleta. The pueblo also alleged that it had open, notorious, con- tinuous, and exclusive possession of the lands and premises involved in this case, adverse and hostile to all the ^^•orld, for a period of more than 10 years next prior to the conimeucement of the action. The burden of proof being upon the defendant, the pueblo of Isleta, to establish such possession, I am of opinion that it failed to do so by a preponderance of the evidence. The case was submitted to the judge of that judicial district on the testimony taken before a referee and on briefs, and he entered a decree in favor of the plain- tiffs. I I'eel constrained to say that I believe the decree is well founded. In tiie case of the pueblo of Santo Domingo v. Toofilo Rivera et al. the tes- timony was not completed before the referee when it came into my hands. Additional testimony has been taken at three different times here and on the land in question, and the case is now pending before the referee for his report to the court. Some delay has been occasioned in the progress of this case by reason of the fact that United States Senator Catron has represented the de- fendants as their attorney, and a convenient time could not always be found for proceeding with the case because of other engagements of counsel for both sides. The report of the referee will be filed very shortly, when the case will be taken up before the judge of this judicial district for his determination. The case of the Pueblo of San Juan ii. Miguel Caslas involves a very small tract, or lot, of gi'ound situate in the village of the pueblo of San Juan. This is an old case \\-hich has been submitted and is pending before the judge of this judicial district, awaiting his decision on the testimony and briefs filed before I came into the office. T'he attention of the court has been called to this case and doubtless a decision will be rendered as soon as the judge can conveniently reach the case in the press of his official duties. In the case of Arabrosio Mai'tinez, (loveinor of the Pueblo of San Juan r. Pedro Pr(jl)ija et al., which involves the title to the office of governor of said pueblo and the insignia of said office, the case was completed and submitted by my predecessor in office, Francis C. Wilson, Esq., to the judge of the'United States district court of the district of New Mexico, before I assumed the duties of this office, and llic case has been pending before tbat court awaiting its de- cision. In tho case of Puel)l(j de Santa Ana r. Diego (lUtierrez et al. the case is pending Ijefore a referee and an appointment has been made for the taxing of testimony on the 30th of this month. The taking of testimony has not pro- ceeded in tliis case because of the difficulty of arranging a •convenient date with counsel for defendants, who lives at Bernalillo, in the county of Sandoval, there Ijeing .80 different defendants, each claiming a separate piece of land within the " El Ilanchito grant," which the Santa Ana pueblo claims to own. This case involves titles to certain small tracts of hind in the " El Ranchito grant " held l)y the (U^fendants by pivscription and also involves the title to a itract of aliout 17 acres outside the grant, as the defendants claim. In as much as the title to eacli of the small tracts claimed within the " El Ranchito grant " is a separate and distinct title from the others, the testimony in the case is likely to be quite lengthy and tedious. ^ INDIAN APPROPRIATION BILL, 1917. 269 la^d^sfnZv^Tth^^Ini!^^ ^l T '^"'■'°^ *^« y^^»- involving the titles to any S Txcep't^L'o'ralreS ptdln/' ' ''^°" ^"^''^ '^ '^'^ "^^^^-'^ *'- ^^ ^^^ in™vlL"abo''ut'V«V/.?^''f ^"^ °" ^ '"^^^^ ^''^^t of l^'i'i in «^« San Juan Pueblo fla™ nn^ T irn n f; ^. ^^^^ investigated this case, and it appears to be a Sd tn vLpL r^, "':^ t'-aiP^^^'^^- ^e". an^ I tan^d with him about it. He ?o dol nfTpr Al in^"""^;""*""^ ^^^ necessity for a suit, but as he has failed to do so after the lapse of two months I will file suit verv shortly. rv^n^cfmnlf t?rt= P^oP^e living wihin the limits of the different Pueblos, occu-' whW? nTw wi f ^''"''' ™"'.* "f "^'^o™ ^""^^ "ties derived from the Indians, ^ not «nTf Jhl! ^ ^ prescriptive title, if any. My observation is that most tL Tn^inn« nnf , ^^°^}^ have lived for many years in peace and harmony with ^nni^^fanL t T^ """^ "^l'^ *^^ ^"""^^t °* ^^^ P^^Pie of the different Pueblos. Superintendent Lonergan has discussed this matter with me several times, and I find myself not quite in harmony with him In respect to the policy to be pur- sued with reference to these people holding those small tracts under paper title and by prescription. When the surveys of the different Pueblos are completed smd maps prepared which will show the location, area, and nature of the title by which these small tracts are held sufficient data will be available in the office of the commissioner to enable the office to determine which, if any, of these small holdings shall remain undisturbed, and which, if any, shall be questioned In the case of the attempted sale of the Pojaque Pueblo Grant by the 11 Indians who yet reside on the grant, I have raised the question of the power of the Pueblo Indians to alienate their lands in the suit of D. C. Collier & Co. v. Petra Boquet et al., now pending in the United States court. That suit was brought, pursuant to a contract of sale, against 170 different persons who hold small tracts within that grant and for the purpose of determining the acreage to be paid for at the contract price — approximately 11,000 acres. That case is set for hearing next month, and the determination of the question of the power to sell will furnish a precedent in hundreds of cases if your office should deter- mine to question the titles of the many who hold small tracts by purchase from the Indians. Respectfully submitted. J. H. Ceist, Special Attorney. Department of the Interior, United States Indian Service, Santa Fe, N. Mex., Noremher 15, 1915. To the honorable Commissioner of Indian Affairs, Washington, D. C. Snt : In response to yours of October 20, I beg leave to submit this report : With the exception of the case of A. R. Manby v. Manuel Martinez, involving certain lands of the Pueblo of Taos, there has been no material change in the status of the litigation involving the several Pueblos, which I have reported on in my report under date of July 24, duplicate copies of which are herewith inclosed. Since the making of that report the judge of that judicial district has handed down his decision on the case, and it is adverse to the claims of the Pueblo of Taos in every particular. As the decision has only been handed down within the present month, and as the testimony in the case as well as the questions involved are voluminous and many, I have not yet given the case such examina- tion as enables me to say whether it should be appealed. The testimony had all been taken while my predecessor, Francis C. Wilson, was in the office. Hence I am not sufficiently familiar with the questions involved to pass upon the ques- tion of appeal without considerable study. Mr. Wilson has- been absent from town a considerable part of the time since the decision has been rendered, and I have also been absent a considerable part of the time. Hence I have not had opportunity to consult with him on the subject. I will do so at the earliest opportunity. The case of D. C. Collier & Co. v. Petra Boquet et al., which involves the sale of the Pojaque Pueblo lands and in which I have raised the question of the power of the Pueblo Indians to alienate their lands, was up before the United States court for setting for trial, but it was passed without a definite setting. It is expected that the case will be tried at some time during the month of December, or during the month of January at the latest. The trial of this case has been delayed somewhat because of the illness of the judge of the 20527—16 18 270 INDIAJSr APPEOPEIATION BILL, I&IT. United States court for some months past, only criminal cases being tried by the other judges who sat in his place. As I said in my report of July 24, I have filed no suits involving the titles to lands of any of the Pueblos, for the reason that none have been presented to,, and I know of none except such as involve small holdings by people who have in nearly all cases lived within the limits of the different Pueblos for wfi.nj years, and in all cases have lived in peace and harmony as far as I know with the Indians of the different Pueblos where these small holdings are located. I have lived for 30 years in northwestern New Mexico, and during that period I have known the Pueblos of this section more or less intimately, and I have never known the Indians of any of these Pueblos to make any objection to those who have small holdings within those Pueblos, and no such objection has been made to me, or to my knowledge, since I came into oflBce, except in the case of Evaraisto Martinez, who occupies a small tract of about 3 acres in the San .Tuan Pueblo, although he does not live oh it. There are hundreds of these small holdings within the limits of these Pueblos, and doubtless the de- partment will be called upon to define a policy with respect to them in the future. Until such time I will take no action. Since I came into office my principal work has consisted in consultation with individual Indians of the different Pueblos, and with delegations of Indians on questions of trespass by stock on their reservations. Individual Indians frequently consult me on matters of business with their neighbors who live within the limits of their grant and surrounding it, and I have a number of cases pending in court involving such interests. Delegations of Indians fre- quently consult me concerning their interests in the leasing of land and other interests involving their neighbors. In all cases I consult with them freely and advise them fully, and in all cases I endeavor to keep them out of litiga- tion. In my opinion the most valuable service the special attorney of the Pueblo Indians of New Mexico can render the Pueblo Indians is to keep them out of litigation with their neighbors. This I have endeavored to do by my advice wherever it could be done without sacrificing the rights and interests of the Indians. I speak now of the individual and tribal interests of the Indians in their relations with their neighbors that do not involve their rights and interests in lands. It is valuable to them to know that they have an attorney to \Aiiom they can go in all their little matters of business interest with their neighbors. Touching the subject of trespasses on the lands of the Indians by stock, I will make a report to you very shortly. I have given the subject much thought and I find it very difficult to conclude upon a wise policy. As it does not seem to be within the purview of your request for report, I will make it the subject of full report in reply to numerous requests for my action by the superin- tendent of the Indians, Mr. P. T. Lonergan. Kespeetfully submitted, J. H. Ceist, Special Attorney. The Chairman. The next item is: That the proviso of section one of the Act entitled "An Act to quiet title to lands on Jicarilla Reservation, and to authorize the Secretary of the Interior to cause allotments to be made, and to dispose of the merchantable timber, and for other purposes," approved March fourth, nineteen hundred and seven, read- ing: " Provided, That in making such allotments values shall be considered so as- to make the allotments uniform in value as near as practicable; that the Secretary of the Interior may dispose of all merchantable timber on allotments herein authorized during the term these are held in trust and on the surplus lands for twenty -five years, the proceeds thereof to be expended under his direction for purposes beneficial to the individual allottees hereunder and their heirs, or for families, as he may deem best, and no part of such proceeds shall be expended for community or common benefits other than Irrigation, but shall be equitably apportioned as near as may be among the Indians entitled," be, and the same is hereby, amended to read : " Provided, That in making such allotments values shall be considered so as to make the allotments uniform in value as near as practicable; that the Secretary of the Interior may dispose of all matured, dead, and down timber on allotments, herein authorized during the term these are held in trust and on the surplus lands for twenty-five years, the proceeds thereof to be expended under his direction for the purchase of live stock, seeds, agricultural equipments, and for other purposes beneficial to the Indians belonging to and having rights as members of said tribe of Indians. INDIAN APPEOPRIATIOK BILL, 1911. 271 What justification have you to offer for this item? Mr. Mehitt. We offer the following justification for this item : The act of March 4, 1907 (34 Stat. L., 1413), provides that none of the pro- ceeds of the sale of tnuber shall be used for community benefits except for irri- gation. It IS believed that the best interests of the Jicarilla Indians demand the xise of a part of these funds for other industrial purposes. In fact, the oppor- tunities for irrigation on that reservation are so limited that the present law restricts efforts of the department to assist these Indians industrially. In addition, I will say, Mr. Chairman, that we will include this legislation in the omnibus bill. The Chairman. The next item is: NEW YORK. Sec. 16. For fulfilling treaties with Senecas of New York: For permanent annuity in lieu of interest on stock (act of February nineteenth, eighteen hun- dred and thirty-one), $6,000. What justification have you to offer for this item? Mr. Meeitt. We offer the following justification, Mr. Chairman : FtTLFILLING TREATIES WITH SENECAS OF NEW TOBK. Fiscal year ending June 30, 1916, amount appropriated $6, 000. 00 Fiscal year ended June 30, 1915: Unexpended balance from previous years 2, 514. 68 Amount appropriated 6, 000. 00 8, 514. 68 Amount expended 5, 987. 68 Unexpended balance 2, 527. 00 Analysis of expenditures, per capita payments 5, 987. 68 This item is to fulfill treaty obligations with the Senecas. Article 8 of the treaty of February 28, 1831 (7 Stats. L., 348), provides: " The United States will expose to public sale to the highest bidder at such times and in such manner as the President may direct the tracts of land ceded by the Seneca Indians, and after deducting from the proceeds of such sale the minimum price of the public lands, the cost of building the saw and grist mills and blacksmith shop for the Senecas, the cost of surveying the lands, and the sum of $6,000 to be advanced in lieu of their present improvements, it is agreed that any balance which may remain of the avails of the land after sale as aforesaid shall constitute a fund for the future exigencies of the tribe on which the Government of the United States consent and agree to pay to the chiefs of the nation, for the use and general benefits of the nation, annually 5 per cent of said balance as an annuity * * *." In the fulfillment of this moral and legal obligation on the part of the Federal Government the sum of $6,000 is necessary. Section 1 of the act of February 19, 1831 (4 Stat. L., 442), entitled "An act to provide hereafter for the payment of $6,000 annually to the Seneca Indians and for other purposes," reads as follows : " That the proceeds of the sum of $100,000, being the amount placed in the hands of the president of the United States in trust for the Seneca tribe of Indians, situated in the State of New York, be hereafter passed to the credit of the Indian approoriation fund, and that the Secretary of War be authorized to receive and pay over to the Seneca tribe of Indians the sum of $6,000 annually in the way and manner as heretofore practiced, to be paid out of any money in the Treasury not otherwise appropriated." The Chaieman. The next item is : For fulfilling treaties with Six Nations of New York: For permanent an- nuity, in clothing and other useful articles (article six. treaty of NovenHer eleventh, seventeen hundred and ninety-f our ) , $4,500. 272 INDIAN APPROPBIATION BILL, 1917. What justification have you to oifer for this item? Mr. Mkkitt. We offer the following justification for this item, Mr. Chairman : FULFILLING TKEATIES WITH SIX NATIONS OF NEW YORK. Fiscal year ending June 30, 1916, amount appropriated $4, 500. 00 Fiscal year ended June 30, 1915 : Unexpended balance from previous years 785. 85 Amount appropriated 4, 500. 00 5, 285. .35 Amount expended t, 076. 58 Unexpended balance 1, 208. 77 Analysis of expenditures : Dry goods, clothing, etc 2, 727. 66 Per capita payment 1,348.92 4, 076. 58 This item is in accordance with the agreement of the United States in article 6 of the treaty of November 11, 1794 (7 Stats., 44), viz: " In consideration of the peace and friendship hereby established, and of the engagements entered into by the Six Nations ; and because the United States desire, with humanity and kindness, to contribute to their comfortable sup- port ; and to render the peace and friendship hereby established strong and perpetual ; the United States now deliver to the Six Nations, and the Indians of other nations residing among and united with them, a quantity of goods of the value of $10,000. And for the same consideration, and with a view to promote the future welfare of the Six Nations, and of their Indian friends aforesaid, the United States will add the sum of $3,000 to the $1,500, heretofore allowed them by an article ratified by the President, on the twenty4;hird day of April, seventeen hundred and ninety-two ; making in the whole, $4,500 ; which shall be expended yearly forever, in purchasing clothing, domestic animals, implements of husbandry, and other utensils suited to their circum- stances, and in compensating useful artificers, who shall reside with or near them, and be employed for their benefit. The immediate application of the whole annual allowance now stipulated, to be made by the superintendent ap- pointed by the President for the affairs of the Six Nations, and their Indian friends aforesaid." For the purpose of carrying out this legal and moral obligation of the Gov- ernment, this appropriation is necessary. Mr. Carter. Are these Indians in New York on reservations? Mr. Meritt. Yes, sir. We have several bands of Indians in New York. The Chairman. The Senecas of New York are one of the original Six Tribes. One of the items is for fulfilling treaties with the Senecas of New York and the other is for fulfilling treaties with the Six Nations of New York. Is it not a fact that the Senecas were originally a part of the Six Nations? Mr. Meritt. Yes, sir; but we have a specific treaty with the Senecas. The Chairman. Different from the Six Nations? Mr. Meritt. Yes, sir ; and it is for the purpose of carrying out the treaty with the Senecas that we ask for this appropriation. INDIAN APPKOPBIATION BILL, 1911. 273 The Chairman. The next item is: NOKTH CAKOLINA. Sec. 17. For support and education of one hundred and eighty Indian pupils at the Indian school at Cherokee, North Carolina, including pay of superin- tendent $31,660; for general repairs and improvements, $6,000; in all, $37,660. What justification have you to offer for this item ? Mr. Meeitt. The following justification is offered for this item, Mr. Chairman: INDIAN SCHOOL, CHEROKEE, NORTH CAROLINA. Fiscal year ending June 30, 1916, amount appropriated $30, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 30, 000. 00 Amount expended 29, 300. 05 Unexpended balance ^699. 95 Analysis of expenditures : Salaries, wages, etc 14, 691. 42 Traveling expenses 38. 85 Transportation of supplies 84. 65 Subsistence supplies 3, 871. 37 Dry goods, clothing, etc 3,091.29 Forage 1, 793. 54 Fuel 725.67 Stationery and office supplies 211. 65 Educational supplies 164. 38 Medical supplies : 556. 24 Equipment, material, etc 3, 923. 38 Miscellaneous 147. 61 29, 300. 05 Repairs and Improvements : Fiscal year ending June 30, 1916, amount appropriated $6, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 6, 000. 00 Amount expended 5, 941. 97 Unexpended balance 58. 03 Analysis of expenditures : Construction 5, 134. 89 Repairs (to plant) 807.08 5, 941. 97 Statistical statement for year ending .June 30, 1915 : ===== Value of school plant — real property $88, 350. 00 Number of buildings 23 Number of employees 20 Average attendance of pupils 155 Enrollment 228 Capacity ^°^ Co.st per capita based on enrollment ^ $128. 51 Cost per capita based on average attendance $189. 03 Area of school land (acres) 160 Area of school land (acres cultivated) 32 Value of products of school $3, 166. 21 1 This is not a final balance, as there may be outstanding obligations yet to be charged against the appropriation. , , ^ , ^ 2 There was also expended $36.03, miscellaneous receipts, class 4. 274 INDIAN APPROPRIATIOlif BILL/ 1917. Superintendent's estimate of absolute needs for 1917 : Support -. $30, 000. 00 Repairs and improvements 3, 500. 00 New buildings ' 8, 100. 00 Total 41, 600. 00 Requested in proposed bill : Support and education of 180 Indian pupils and superin- tendent's salary 31, 660. 00 Repairs and improvements 6, 000. 00 Total 37, 660. 00 Salaries : Superintendent $1,600 Clerk 900 Physician 1, 200 Teacher 810 Do , 720 Kindergartner 660 Disciplinarian 660 Matron 720 Assistant matron 600 Seamstress 540 Laundress 540 Salaries — Continued. Baker $540 Cook. Carpenter Shoe and harness maker. Gardener Engineer Assistant ^ Do Laborer 540 720 660 600 600 300 300 300 13, 510 Thirty-one thousand six hundred and sixty dollars is the same amount for the support of 180 pupils, including pay of superintendents and other employees as was allowed the Cherokee Boarding School last year. Six thousand dollars for repairs and improvements is a little less than 7 per cent of the value of the school plant and a little over 7 per cent, exclusive of the land. From this amount the enlargement of the boys' and girls' dormitories and additional school room are contemplated. Little attention has been given to repairs of the various buildings of the school plant during the past 15 years, and as a consequence many of them are in need of repair. A new cottage for the superintendent is urgently needed. The one occupied by him is at present .lealed with boards and has only four rooms. Another cottage to provide housekeeping quarters for married employees of the school should be provided. A new horse barn should be built. The one now being used is old and insanitary. The purchase of 100 acres of good land, suitable for farming, would greatly aid the school in becoming self-sustaining. A domestic science building, where practical training can be given, should also be provided for this school. The Chairman. I notice you submit an increase here of $1,660? Mr. MeeitI'. That is an increase in the support item, so as to allow a per capita of $167 in addition to the salary of the super- intendent. Mr. Carter. Did they not get along with the amount they had last year? Mr. Meritt. Yes, sir ; they got along, but it is difficult in a small school where they have a small enrollment. The Chairman. What is the enrollment? Mr. Meritt. Two hundred and twenty-eight. The Chairman. This estimate only provides for 180 ? Mr. Meritt. They have an average attendance of only 155. The Indians enroll and then a great many of them drop out of the school. The Chairman. What is the per capita cost here ? Mr. Meritt. The per capita cost is $189. Mr. Carter. The per capita cost is already above the regular legal allowance, is it not? INDIAN APPKOPKIATION BILL, 1917. 275 Mr. Meeitt. That includes, of course, the proceeds from the sale of any farm products. We are only asking for an appropriation by Congress of the regular amount. The Chairman. The next item is: NOBTH DAKOTA. Sec. 18. For support and civilization of the Sioux of Devil's Lake, North Daliota, including pay of employees, $5,000. What justification have you to offer for this item? Mr. Meeitt. The following justification is offered for this item, Mr. Chairman: SXIPPOBT OF SIOUX OF DEVILS LAKE, N. DAK. Fiscal year ending June 30, 1916, amount appropriated $5, 000. 00' Fiscal year ended June 30, 1915: Amount appropriated 5, 000. 00 Amount expended 5, 058. 79 Overdrawn 58. 79 Analysis of expenditures : Salaries, vcages, etc 3, 550. 00 Traveling expenses 95. 95 Transportation of supplies . 188. 59 Subsistence supplies '128. 17 Forage 423.63 Fuel 355.35 Medical supplies 58. 57 Equipment, material, etc 258. 53 5, 058. 79 This is the same amount that was asked for the past fiscal year. Under the jurisdiction of the Fort Totten Indian Agency there are 988 Indians. The salary roll at this agency for the fiscal year 1916 totaled $3,550, which was paid out of this fund, thus leaving only $1,450 to pay for traveling expenses, transportation of supplies, subsistence supplies, forage, fuel, and medioal sup- plies for the proper administration of the affairs of nearly 1,000 Indians. Last year the $5,000 allowed for the administration of affairs at this agency was overdrawn $58.79, notwithstanding the fact that the' very best economy was practiced In the use of the amount appropriated. The Chairman. The next item is: For support and civilization of Indians at Fort Berthold Agency, In North Dakota, including pay of employees, $15,000. What justification have you to offer for this item ? Mr. Meeitt. The following justification is offered for this item, Mr. Chairman. SUPPORT OF INDIANS OF FOKT BEBTHOLD AGENCY, N. DAK. Fiscal year ending June 30, 1916, amount appropriated $15, OOP. 00 Fiscal year ended June 30, 1915 : Amount appropriated 15, 000. 00 Amount expended 14. 703. 31 Unexpended balance 296. 69 276 INDIAN APPEOPKIATION BILL, 1917. ■Analysis of expenditures : Salaries, wages, etc $°' "^'- "' Traveling expenses 96. 09 Transportation of supplies ^ — ! 196. 96 Telegraph and telephone service ■ 82 Subsistence supplies 2, 421. 14 Dry goods, clothing, etc 13. 28 Forage 705.99 Fuel 1, 218. 61 Stationery and ofBce supplies 146. 45 Medical supplies 326. 99 Equipment, material, etc 1, 518. 13 Miscellaneous 1. 18 14, 703. 31 This is the same amount as was asked for the support and civilization of these Indians during the fiscal year 1916. The salaries paid out for this agency during the past year totaled $8,057. This amount added to the cost of subsistence supplies, $2,421, and fuel, ,$1,218, makes a total of approximately $11,700, leaving only about $3,300 to pay for traveling expenses, transportation of supplies, forage, medical supplies and all other equipment and material necessary for the betterment of the Indian civilization on this reservation. The winters at this agency are very severe, because of Its location In the northern part of North Dakota. There are about 1,140 Indians living on same .under Federal supervision. Two hundred and twenty-nine thousand five hun- dred and fifty-four acres have been allotted on this reservation, while 444,062 .acres are unallotted. Nine hundred and ninety-one of these Indians are hold- ing trust patents, and 136 Indians are unallotted. The majority of these Indians, therefore, need assistance with their allotments, and this, together with the routine work connected with the proper handling of this reservation, demand an appreciable amount of financial assistance. During the past year, with the most economical handling of the amount allowed, $14,703 was expended, leaving an unexpended balance of only $296.69 from the amount allowed, namely, $15,000. The Chairman. The next item is : For support and civilization of Turtle Mountain Band of Chlppewas, North Dakota, including pay of employees, $11,000. What justification have you to oflFer for this item? Mr. Meeitt. The following justification is submitted for this item, Mr. Chairman: SUPPOKT OF CHIPPEWAS, TUKTLE MOUNTAIN BAND, NOETH DAKOTA. Fiscal year ending June 30, 1916, amount appropriated $11, 000. 00 Fiscal year ended .June 30, 1915 : Amount appropriated 11, 000. 00 Amount expended 10, 693.46 Unexpended balance 306. 54 Analysis of expenditures : =: Salaries, wages, etc 4, 839. 17 Traveling expenses 672. 35 Transportation of supplies 2.58.04 Telegraph and telephone service 88.49 Subsistence supplies ' 2, 052. 59 Dry goods, clothing, etc 4.65 Forage 214. 32 Fuel 885.83 Stationery and oflice supplies 356. 08 Medical supplies 256. 85 Equipment, materials, etc 716. 96 Seed 314.13 Miscellaneous 34. 00 10, 693. 46 IHTDIAN APPEOPEIATION BILL, lOlT. 277 This is the same amount as was allowed for the past fiscal year. There are 3,063 Indians under the jurisdiction of the Turtle Mountain Indian Agency. This is a large agency, and the clerical worli connected with the individual allotments, leases, sales, and general affairs of this large band of Indians re- quires a very great deal of office and field work. The salary roll for the past fiscal year at this place totaled $4,839.17, and for tlie fiscal year 1916 this amount will be increased to $5,600, thus leaving $5,400 to cover all the other necessary expenses connected with the proper management of this agency, arid devoting attention to the needs of these Indians and assisting them with their allotments. Some of these Indians are allotted on the reservation, but a large number are scattered over two States— North Dakota and Blontana— on nonreservation public domain allotments. The Superintendent has to visit these Indians and look after their interests, sometimes being absent from the agency a consider- able length of time. The office work incident to the handling of these allot- ments is of necessity very heavy. This agency is located in the extreme northern part of North Dakota and, due to the very cold weather prevalent in that region, many difficulties have to be contended with. The supplies for this agency have to be hauled a distance of 7 miles. Mr. Norton. How many Indians are there at Turtle Mountain ? Mr. Meeitt. About 3,000 all together. Mr. Norton. The appropriation is mainly used for supervision, is it not? Mr. Meritt. Yes, sir. Mr. Norton. There are not many ration Indians there that are supplied ? Mr. Meritt. We have a few Indians who receive subsistence. You will note that out of the appropriation we paid $4,800 for salaries, subsistence amounting to over $2,000, and other miscel- laneous items making up the appropriation. Mr. Norton. The work of allotment there, is not that completed now? Mr. Meritt. No, sir; we are still making allotments to the Turtle Mountain Indians in the State of Montana. The work is very largely completed, however. Mr. Norton. How many allotments were made during the last year? Mr. Meritt. During the fiscal year ended June 30, 1915, 478 allot- ment selections, covering 61,716 acres in the States of Montana and North Dakota, were approved by the department to members of the Turtle Mountain band of Chippewa Indians under the provisions of the act of April 21, 1904(33 Stat. L., 189-194), distributed as follows: Montana, 413 allotments, 51,342 acres; north Dakota, 65 allotments, 10,374 acres; total, 478 allotments, 61,716 acres. The Chairman. That comes out of the general fund ? Mr. Meritt. The allotment work, of course, is paid out of the general allotment appropriation. The Chairman. The next item is : For support and education of one hundred Indian pupils at the Indian school, Bismarck, North Dakota, including pay of superintendent, $18,200 ; for general repairs and improvements $4,000 ; in all, $22,200. What justification have you to offer for this item? 278 INDIAN APPEOPBIATION BILL, 1917. Mr. Meeitt. The following justification is offered for that item, Mr. Chairman: INDIAN SCHOOL, BISMAP.CK, N. DAK. Fiscal year ending June 30, 1916, amount appropriated $18, 200. 00 Fiscal year ended June 30, 1915 : Amount appropriated 1^' ^"0. 00 Amount expended 16, 546. 15 Unexpended balance 1, 653. 85 Analysis of expenditures : Salaries, wages, etc _ ", 676. 70 Traveling expenses 36. 30 Transportation of supplies 184. 43 Heat, liglit, and power (service) ^^^' ir Telegraph and telephone service 24. 75- Subsistence supplies — 4, 058. 71 Dry goods, clothing, etc 1. 911- 54 Forage 1. Ool- 94 FuelJ ■ 1. 085. 52 Stationery and office supplies 17. 50 Educational supplies 119- 12 Medical supplies 56. OS Equipment, material, etc 831. 72 Miscellaneous 45. 69 16, 546. l.T Repairs and improvements : Fiscal year ending June 30, 1916, amount appropriated 2, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 2, 000. 00 Amount expended 1, 758. 74 t'nexpended balance '241.26 Analysis of expenditures, repair (to plant) 1,7.58.74 Statistical statement for year ending June 30, 1915 : Value of school plant — real property $73, 928 Number of buildings 8 Number of employees 12 Average attendance of pupils 90 Enrollment 111 Capacity 60 Cost per capita based on enrollment ^ $1.58. 58 Cost per capita based on average attendance " 195. 59 Area of school land (acres) 160 Area of school land (acres cultivated) 17 Value of products of school $2, 681. 43 Superintendent's estimate of absolute needs for 1917 : Support 18, 525. 00 Repairs and improvements 4, 000. 00 New buildings 24, 000. 00 Total . 46, 525. 00 1 This Is not a final balance as there may be. outstanding obligations yet to he charged against the appropriation. = This includps $216..S0 for transportation of pupils and S840.42 for transportation of goods and supplies. There was also expended $26.38, miscellaneous receipts, class 4. INDIAN APPEOPEIATION BILL, 1917. 279 Amount requested in proposed bill : Support and education of 100 Indian pupils at the B^snl£^rck Indian School, and superintendent's salary [ '_ $18, 200. 00 Repairs and improvements , 4, OOO. 00 Total 22, 200. 00 Si^Iaries : Superintendent $1, 300 Physician 400 Teacher 600 Do 570 Engineer 720 Matron 600 Assistant matron 300 Seamstress [ 500 Salaries — Continued. Laundress $480 Cook_ 500 Assistant 300 laborer 540 6,810 Eighteen thousand dollars is needed at the Bismark School for the support of 100 children and the salary of the superintendent. Since the passage of the last appropriation act the em-oUnient at this school has increased from 98 to 111 and the average attendance 72 to 90, an increase of 25 per cent. The amount estimated for repairs and improvements, $4,000, is about 5i per cent of the value of the plant, exclusive of the land, and is urgently needed, as this school is badly cramped for room for both employees and pupils. The amount asked for is extremely low. Mr. Norton. I want to offer an amendment to the proposed section. The Chairman. That can be done in the full committee. Mr. Norton. I should like to have it considered here. If you will read the justification, you wiU notice that there is a capacity for 60 pupils in the school and that there is an -enrollment of 111. Now, the fact is that this school should be put in shape to accommodate the pupils that are attending there and the pupils that would attend if there were facilities or accommodations for them or it ought to be abolished. The pupils attending there are not living as pupils attending a respectable school should live. There are neither accommodations for the pupils at that school nor for the instructors. I know that from my own personal observation. They need several buildings. They need a dormitory for the boys, which should be built at once. I think that Mr. Meritt can give the sub- committee some information relative to conditions there. In my own judgment, I think there should be provided at once at least $25,000 or $30,000 for a dormitory. The Chairman. I have been in the "West, but I have never visited that school, so that I do not know very much about it. Mr. Norton. Mr. Meritt, you have a statement as to the condi- tions there ? Mr. Meritt. Yes, sir; I am familiar with the conditions at that school. That school is very much overcrowded, Mr. Chairman, and we need a new dormitory for boys at that school. The conditions there are entirely inadequate to supply the number of pupils that we ought to take care of at that school. In fact, we have the school very much overcrowded. We have 20 more pupils at that school than we have capacity for at this time, and we have crowded the pupils into the school by requiring the superintendent and other employees to live under conditions that are not at all pleasant and should not exist in a Government school. The Chairman. Mr. Meritt, please prepare an additional estimate or statement with reference to this school and furnish it to the gen- eral committee when it meets. 280 INDtAN APPROPRIATION BILL, ISll. Mr. Meeitt. The office would be glad to see- an appropriation of $20,000 for a boys' dormitory at the Bismarck school. The Chairman. But you understand that the committee would like to have a statement or justification when the amendment is offcrGci ? , Mr. Mekitt. I will incorporate in the hearings a justification for the item. Mr. Norton. If you will please do that. The Chairman. I should like to have it become a part of these hearings. I should like to have a justification for any additional appropriation. Mr. Norton. We had that matter up last year. The Chairman. I know we did. Mr. Meritt. I will supply the justification. Mr. Carter. If we build a dormitory there will that take care of the increase ? Mr. Meritt. Yes, sir. Mr. Carter. Will it not be necessary to make an increased appro- priation to care for the additional number of pupils ? Mr. Meritt. The dormitory alone will not place the school on as good a basis as some other schools, but it will take care of the most urgent need at that school at this time. Mr. Carter. I notice you have an enrollment here of 111 and an average attendance of 90. Mr. Meritt. Yes, sir. Mr. Carter. Which is a great many more than the capacity of the school, as expressed by your justification. Mr. Meritt. Yes, sir ; the capacity of the school is only 60, and the superintendent has crowded the school to the very limit, and then some. The Chairman. Are the buildings in use there of brick, stone, or wood ? Mr. Meritt. The buildings are mostly of brick. Mr. Norton. I might say, Mr. Chairman, that the buildings there for the most part are of brick, and if this school were as good as it should be the attendance would be 200 instead of 111. It is located very close to the Standing Rock Indian Reservation — within about 25 miles — and is located within about the same distance from the Fort Berthold Indian Reservation. The Chairman. It is between the two ? Mr. Norton. It is between the two. From a report of the expendi- tures during the past year you will notice that the amount expended for transportation of pupils is small in comparison with other non- reservation schools. This school should be provided with more school buildings in addition to the dormitory, and it should be pro- vided with some additional farming land, in my judgment, along the river. The school is now located on the banks of the Missouri River. The Chairman. What can that land be acquired for per acre ? Mr. Norton. I believe that the department could get the owners of the land to cooperate with the department in such a way that the land could be bought for considerably less than it is worth. The Chairman. What would be the actual worth of that land on the market? INDIAN APPEOPEIATION BILL, IQVl. 281 Mr. Norton. The school is located about a mile or three quarters of a mile from the capital of the State, Bismark, and land there is worth from $35 to $60 an acre. I should judge that would be about what it IS worth. The Chairman. How much land is now embraced within the limits or the school tract? Mr. Norton. One hundred and sixty acres. The Chairman. What is being done with that land? Mr Norton. They are farming part of that land. That 160 acres for the most part is not well adapted to farming purposes. It con- sists of rough land on the banks of the river. The Chairman. Is a ditch taken out from the river so as to fur- nish water by gravity? Mr. Norton. No, sir. The Chairman. Do you get your water by pumping? Mr. Norton. They do not need irrigation there. They could employ irrigation there, but they do not employ it. The Chairman. What kind of water system have you there? Mr. Norton. For the buildings? The Chairman. Yes. Mr. Norton. They are connected with the city water system. The Chairman. Then you pay an annual rental ? Mr. Norton. And the water mains from the river to Bismark pass through lands owned by the school. The Chairman. Are you using the same sewerage system that the city uses? Mr. Norton. I do not know what the sewerage system is, but they have a good sewerage system, as I understand it. They are at an elevation of at least 150 feet above the river. The Chairman. Is this an industrial school? Mr. Norton. It is an industrial school. The Chairman. Are they raising stock of any kind ? Mr. Norton. No; they are not. The Chairman. What are they raising on the land that they are farming? Mr. Norton. They are raising cereals and garden stuff. The Chairman. Mr. Meritt, in the statement you are to furnish us please include a statement as to what the farm produces. Mr. Meritt. The dormitory capacity of the Bismarck School is 60 pupils, while in dining room capacity, etc., the school can a;ccom- modate 100 pupils. By putting beds in hallways and in rooms that are badly needed for other purposes the superintendent of the school has increased the enrollment to 106, and the average attendance has reached 95. Many children have been refused enrollment. It will be more economical to maintain a larger school than one as small as Bismarck. There should be a boy's dormitory at an estimated cost of $20,000. The present dormitory is used jointly for boys and girls, and were a new dormitory provided the boys and girls could be placed in separate buildings. Such new dormitory would increase the ca- pacity of the school approximately 50 pupils and would enable the_ space now occupied by the pupils to be restored to its proper and re- quired uses. 282 INDIAN APPEOPEIATION BILL,. 1911. The dormitory and school buildings are of brick. - The superintendent's report for the fiscal year 1915 shows the following products of the school farm : 400 bushels potatoes ^^^ Vegetables ^"" 14 head cattle °'° 22 head hogs ^"" 88 chickens *. 380 dozen eggs JZ^ 840 pounds butter f^i 2,000 gallons milk "^°" 1,916 The Chairman. The next item is as follows : For support and education of four hundred Indian pupils at Fort Totten Indian School, Fort Totten, North Dakota, and for pay of superintendent, $68,800 ; sinking wells and making improvements of the water system, $4,000 ; for horse barn, $5,000; for general repairs and improvements, $5,000; in all, $82,800. What justification have you to offer for this item? Mr. Meeitt. We offer the following justification, Mr. Chairman : INDIAN SCHOOL, FOBT TOTTEN, N. DAK. Fiscal year ending June 30, 1916, amount appropriated $68, 500. 00 Fiscal year ended June 30, 1915 : Amount appropriated 68, 500. 00 Amount expended 68, 470. 04 Unexpended balance — 29. 96 Analysis of expenditures: Salaries, wages etc 29, 412. 36 Traveling expenses 75. 30 Transportation of supplies 4,101.75 Telegraph and telephone service 163. 89 Subsistence supplies 14, 312. 57 Dry goods, clothing, etc 8, 630. 17 Forage 092.73 Fuel 5, 429. 78 Stationery and oflSce supplies 11. 38 Educational supplies . 947. 40 Medical supplies 117. 80 Equipment, material, etc 4, 266. 32 Miscellaneous 308.59 Total 68, 470. 04 Repairs and improvements: Fiscal year ending June 30, 1916, amount appropriated 6, 000. 00 Fiscal year ended June 30, 1915: Amount appropriated 6, 000. 00 Amount expended 5,764.39 Unexpended balance ^235.61 Analysis of expenditures, repairs (jto plant) 5, 764. 39 1 This Is not a final balance, as there may be outstanding obligations yet to be charged against the appropriation. INDIAN APPKOPKIATIOF BILL, 1917. 283 Statistical statement for year ending June 30, 1915 : Value of school plant, real property $143, 080 Number of buildings ' 35 ^ Number of employees 46 Average attendance of pupils 35I Enrollment 394 Capacity 323 Cost per capita based on enrollment ^$176. 18 Cost per capita based on average attendance ^$197.77 Area of school land (acres) 1,560 Area of school land (acres cultivated) ' 300 Value of products of school $5,426 Superintendent's estimate of absolute needs for 1917 : Support _■ $69, 970. 00 Repairs and improvements 10, 000. 00 New buildings 25, 000. 00 Total 104, 970. 00 Amount requested in proposed bill : Support and education of 400 Indian pupils and superintend- ent's salary 68, 800. 00 Repairs and improvements 5, 000. 00 New buildings: Horse barn, $5,000; wells and improvements water system, $4,000 9,000.00 Total 82, 800, 00 Salaries — Continued. Painter Gardner Engineer Assistant engineer. Do Do Assistant Laborer Do Indian assistant $680 680 900 300 300 300 240 600 480 600 23, 060 Salaries : Superintendent $2, 000 Principal 1,200 Clerk 1,000 Assistant clerk 720 Disciplinarian 720 Teacher 690 Do 600 Do 630 Do 600 Do 600 Teacher of housekeeping ($72 per month) 720 Matron 630 Assistant matron 500 Do 500 Nurse 720 Seamstress 500 Assistant seamstress 300 Laundress 500 Assistant laundress 300 Baker 500 Cook 660 Farmer 720 Carpenter 800 Assistant carpenter 300 Tailor 660 Shoe and harness maker__ 900 The amount of $68,800 requested for support of 400 pupils and for the super- intendent's salary at the Fort Totten School i.s practically the same amount that has been appropriated for several years and is necessary. The amount is now correctly computed, based on the customary rate per pupil plus the superintendent's salary ($2,000). The amount of $5,000 requested for repairs and improvements is about 3i per cent of the value of the school plant, or 3.92 per cent of the value of the Grey Nun's department: Principal teacher Teacher Assistant teacher Matron Assistant matron Seamstress Laundress Assistant laundress — Cook Laborer 600 500 480 500 400 400 480 240 400 520 4,520 iThis includes $947.60' spent for transportation of pupils; $740.85 miscellaneous re- ceipts, class 4, was also used. 284 INDIAN APPEOPKIATION BILL, l&ll. plant exclusive of the land, and is exceptionally low, especially in view of the fact that the buildings are all old. , , ^ In the appropriation bill for 1915 an item of $5,000 was included tor re- building dairy barn." This should have read " rebuilding horse barn, ' and as the item has not been used because of the mistake in phraseology, it is agam recommended for the purposes originally intended. The supply of water at this school is unsatisfactory and inadequate. There is practically no fire protection. To provide wells, storage tanks, etc., for an adequate water system, $4,000. Is urgently needed. The Chairman. Do you wish to make any other statement relative to this school? Mr. Meeitt. Only to say that the water supply at this school has proven inadequate and it is necessary that we have the appropriation requested to provide water for the school. The Chairman. Will $4,000 be sufficient? Mr. Meritt. Yes, sir. The Chairman. Will you get your water supply by sinking wells ? Mr. Meritt. Yes, sir. The Chairman. What system have you now ? Mr. Meritt. If I remember correctly we have been getting the water from springs, and those springs have decreased in flow to such an extent that it is now necessary to drill wells. The Chairman. As I remember this matter, I think we have been over it two or three different times, the Fort had the prior use of these springs. Was not that the question we had up a few years ago when it was necessary to get an additional supply ? Was not an appropriation made for that purpose? Mr. Norton. No; I do not think that is the case. I think the necessity for this is on account of the diminution of the supply from the springs occasioned by the gradual drying up of the lake and of the surface waters in that vicinity. Last year they did not have a sufficient supply from the springs to meet their needs for the laundry and for their ordinary sanitary needs. The water of Devils Lake has been receding for a great many years, due to "the cultivation of the surrounding country and the absorption of the moisture by the land, whereas before it was drained into the lake. The Chairman. Then in order to replenish the water you lose from these springs it will be necessary to sink wells ? Mr. Norton. Yes. Mr. Meritt. Before we take up the next item there is one explana- tion I would like to make in connection with the request for a horse barn at the Fort Totten School. Two years ago we asked for an appropriation to rebuild the barn at that school. Through some mistake, either in conference or somewhere else, the word " dairy " was inserted, and this is for the purpose of rebuilding a horse barn instead of a dairy barn. Mr. Carter. Did you use the $5,000 then appropriated? Mr. Meritt. No, sir. The Chairman. What unexpended balance then have you in this appropriation for the Fort Totten School ? Mr. Norton. The appropriation for rebuilding the dairy barn did not pass, did it? Mr. Meritt. It passed but we did not use it. The Chairman. Then the money reverted to the Treasury? IXDIAN APPKOPEIATION BILL, 1917. 285 Mr. Meki'jt. Yes, sir. Mr. Cakter. Then you are asking for the same $5,0,00 tliat wrs given you for the wrong purpose? Mr. Meeitt. Yes, sir. The CiTAiRT^fAN. The next item is as follows : For support ami education of two hunrtred and twenty Indian pupils at the Indian school, Wahpeton, North Dakota, and pay of superintendent, $38,540; for general repairs and improvements, $8,000 ; for new school building $20 000 ; in all, $66,.540. Mr. Meeitt. We offer the following justification for this item ; I-NDIAN SCHOOL, WAHPETON, N. DAK. Fiscal year endinj; .Tune 30, 1916, amount appropriated $35,200.00 Fiscal year ended .Tune 30, 191.5 : Amount appropriated 35, 200. 00 Amount expended 34, 843. 17 Unexpended balance '356. 83 Analysis of expenditures : Salaries, wages, etc 14, 269. 01 Traveling expenses 110. 92 Heat, light, and power (service) 602.34 Telegraph and telephone service 47. 57 Printing, binding, and advertising 6. 40 Subsistence supplies 6, 998. 61 Dry goods, clothing, etc 4, 504. 89 Forage 837.20 Fuel 3, 640. 94 Educational supplies : 492. 37 Medical supplies 283. 81 Equipment, material, etc 2, 353. 68 Seed 165.08 Tuition 144. 00 Rent 300. 00 Miscellaneous 86. .36 Total 34.843.17 Repairs and improvements : Fiscal year ending June 30, 1916, amount appropriated 3, OOP. 00 Fiscal year ended June 30, 1915 : Amount appropriated 3, 000. 00 Amount expended 2, 763. 46 Unexpended balance ' 236. 54 Analysis of expenditures: Construction 463. 40 Repairs (to plant) 2, 300. 00 2, 763. 46 Expended during the year from appropriation, "Indian School, Wahpeton, N. Dak., power plant and water system," 3, 329. iz iTMs is not .1 final balance, as there may be outstanding obligations yet to be charged against the appropriation. 20527—16 19 286 INDIAN APPKOPBIATION BILL, 191"/. Statistical stateiiieut for year ending June 30. l!)l."i: Value of school plant — real property i^20o, 72C jSTuruber of buildings 20 Number of employees 22 Average attendance of pupils 202 Enrollment 232 Capacity 200 Cost per capita, based on enrollment '$161.82 Cost per capita, based on average attendance '?!185. 39 Area of school land, acres '. 1 — 180 Area of school land, acres cultivated 140 Value of products of school $2, 859. guperinteudeut's estimate of absolute needs for 1917 : Support $38,540 Repairs and Improvements 5,000 New buildings 36, 500 Total . 80, 040 Amount requested in proposed bill : Support and education of 220 Indian pupils and superintendent's salary ' 38, 540 Repairs and improvements 8, 000 New buildings 20, 000 Total 66, 540 Salaries : Superintendent $1, 800 Financial clerk 1, 200 Clerk 1,000 Physician. Pisciplinarian Principal teacher. Teacher Do Matron Assistant matron Do Nurse Seamstress 540 720 83D 660 600 660 540 420 720 500 Salaries — Continued. Teacliers of housekeep- ing Laundress Cook Farmer i Carpenter Engineer Laborer Do Shoe and harness maker Assistant cook $660 480 540 720 780 900 300 660 300 480 Total 16,010 Tills is a uonreservation school located on 180 acres of land, formerly within the Lake Traverse Indian Reservation, which was created for the benefit of the members of the Sisseton and Wahpeton Tribes. There is no remaining .tribal land within the reservation other than that reserved for administrative purposes. All the pupils in the school have allotments, and practically all of them must make their living on the farm. For this reason industrial work along the line of agriculture must be emphasized. A new school building is very much needed. The capacity of the school has been increased in other respects from 80 in 1912 to 200 at the present time, but no corresponding Increase has been made in schoolroom facilities. Twenty thousand dollars is required for a new school building. For the same reason the shop buildings should be correspondingly enlarged to provide industrial instruction to the increased number of pupils. The dairy barn should also be provided with modern equipment. These changes are required in addition to the usual repairs and improvements needed to keep me school plant in proper condition. The entire plant is valued at $205,725, and the $8,000 estimated for repairs and improvements is about 3i per cent of this amount, or about 4J per cent of the value of the plant, not Including the land. * This include.^ $1,315.26, used in the transportation ot pupils, and ,$1,/?8.S 38 in supplies. There was also expended .|2."2.42. ' miscellan transportatio.n of goods and seceipts Class IV. the aneous INDIA^r APPEOPEIATION BILJ., 1917. 287 The Chairman. I notice j^ou ask for an additional appropriation of $9,000, and also for a new school building to cost $20,000, and for an increase in attendance of 20. What is the enrollment at this school ? Mr. Meritt. The enrollment at the Wahpeton school is 232. The Chairman. What is the average attendance? Mr. Meritt. Two hundred and two. The Chairman. What is the per capita cost? Mr. Meritt. The cost per capita is $185. The Chairman. What is the general condition of the buildings used? Mr. Meritt. The conditions are fair, Mr. Chairman, except we need a new school building. Congress has within the last three years made certain improvements in this school, and we can take care of an additional enrollment of 20 pupils, but we need a new school building, which will cost $20,000. The Chairman. For what purpose is this new school building in- tended ? Mr. Meritt. It is to be used for a school building, and we will utilize the old building we have there for dormitory and other school purposes. The Chairman. Are your dormitory facilities inadequate now ? Mr. Meritt. They will be inadequate when the additional 20 pupils are allowed and the new school building is allowed. The Chairman. Is this a nonreservation school ? Mr. Meritt. Yes, sir ; but it is located convenient to a large number of Indians. The Chairman. Is it an industrial school ? Mr. Meritt. All of our Indian schools are more or less industrial schools. We emphasize the industrial feature at all of our Indian schools. The Chairman. Do you have farming lands adjacent to this school ? Mr. Meritt. We have a farm; yes, sir. The Chairman. Do the students work on that farm ? Mr. Meritt. Yes, sir. The Chairman. They are taught that in connection with their other studies? Mr. Meritt. Yes, sir. Mr. Norton. .The pupils attending the school at Wahpeton come from where ? • ■ . i Mr. Meritt. They come from the different reservations m the State of North Dakota and some from South Dakota— in that imme- diate vicinity ; also from Minnesota and Montana. Mr. Norton. Will you furnish a statement showing from where they come? , „ , ^tt i ^ o i i Mr Meritt. The report of attendance for the Wahpeton School for the fourth quarter, 1915, shows children enrolled from the fol- lowing places : Sisseton, Fort Berthold, Turtle Mountain, Standing Eock, and Walhalla Eeservations, N. Dak.; Yankton Keservation, S Dak. ; Leech Lake, White Earth, Bed Lake, and Cass Lake Eeser- vations, Minn.; Fort Peck, Scoby, and Mackinaw Eeservations, Mont. 288 INDIAN APPEOFKIATION BILL, 1917. Mr. Carter. You say a dormintory is needed for this increase. Mr. Meritt. We are more in need of a school building, Mr. Carter. The school building they have there now is entirely inadequate. Mr. Carter. This is not intended for a dormitory ? Mr. Meritt. No, sir. . Mr. Carter. You have sufficient dormitory quarters tor 220 pupils, have you ? . ,. , • i , Mr. Meritt. I think with the construction of this new school building and the utilization of the old building we now have there for a school building, which is entirely inadequate for that purpose, we will have ample dormitory facilities for the 220 pupils. The Chairman. The next item is as follows : To enable the Secretary of the Interior to redeem a mortgage on the ajlotr ment selection of Starr McGillis, a Turtle Btoimtain Thippewa Indian, described as the northwest quarter of section thirty-four, township one hundred and sixty- four north, range seventy west, of the fifth principal meridian, North Dakota, $1,500, or so much thereof as may be necessary, the said sum to be reimbursed from the rentals of said allotment not to exceed fifty per centum of the amount of rentals received annually: Proi-idcd, That in the event a patent in fee shall be Issued for this land before the United States shall be wholly reim- bursed as herein provided, the amount remaining unpaid shall become a first lien on such allotment, and the fact of such lien shall be recited on the face of the patent in fee and the amount of the lien set forth thereon, and the receipt of the Secretary of the Interior, or of the officer, agent, or employee duly authorized by him for that purpose, for the payment of the amount of the mortgage, when duly recorded by the recorder of deeds in the county wherein the land is located shall operate as a satisfaction of such lien. What justification have you for this item? Mr. Meritt. I offer the following justification, Mr. Chairman. The right of McGillis to a public domain selection initiated under Article VI of the agreement with the Turtle Mountain band, dated October '2, 1892,' rati- fied by the act of April 21, 1904 (33 Stat. L., 189-194), which article reads: "All members of the Turtle Mountain band of Chippewa Indians who may be unable to secure land upon the reservation above ceded may take home- steads upon any vacant land belonging to the United States without charge, and shall continue to hold and be entitled to share in all tribal funds, annui- ties, or other property, the same as if located upon the reservation." In 1881 this Indian settled upon the NW. i of sec. 34, T. 164 N., R. 70 W., fifth principal meridian. North Dakota, apparently with the intention of mak- ing It his permanent home. He remained thereon, cultivated a large part of the land, and made valuable and substantial improvements. He failed, how- ever, to apply for the land as an allotment or homestead, as it seems that he believed his title as an Indian occupant was superior to that of other claimants. In July ,1898, George Hooker, a white man, took possession of the land, hav- ing purchased the relinquishment of one Peter Foley, who had filed a home- stead application for the tract. Hooker made a number of improvements, and prevented McGillis from using a part of the land. A hearing was had before the local land officers at Devils Lake, N. Dak., to determine the respective rights of the parties under their conflicting claims. On January 26, 1901, the register rendered his decision recommending the can- cellation of Hooker's homestead entry. Hooker appealed to the General Land Office from this decision, and on January 11, 1904, that office reversed the decision of the register and allowed Hooker's homestead entry to remain intact. October 11, 1906, final certificate No. 12656 was issued to Hooker, and on July 16, 1907, the land was patented to him. The action of the General Land Office in awarding the land to Hooker was based on the ground that McGillis was not entitled, as he was a Canadian Indian. It was shown at the hearing that the Indian and his family had resided on the land for 19 years ; that at the date of Hooker's entry 40 acres were under cultivation ; that a part of the land was inclosed by a wire fence 1917. 289 and that there were other improvements thereon, consisting of a hewn-log house with shingle roof, hewn-log barn, log storehouse, and a well. It appeared that the father of McGiUis was a Canadian half-breed ; that although McGillis himself was born in the United States, his mother returned shortly thereafter to Canada, where he lived until after his marriage ; that he was enrolled with the Canadian Indians and received land scrip there, which he sold ; and that thereafter he came to the United States and affiliated with the Turtle Mountain band of Chippewa Indians and settled on the land above described. He was enrolled with the Turtle Mountain band of Chippewa Indians, but his name was stricken from the tribal roll in 1892. Later his case, together with a munber of others, was investigated by the Indian Ofllce, which office on De- cember 20, 1906, reconmiended that he be enrolled with the Turtle Mountain band. This recommendation was approved by this department on April 2, 1907. The General Land Office in a report of May 18, 1908, to this department, after giving a history of the case, said that if McGillis was entitled to enroll- ment as a member of the Turtle Mountain band of Indians when recommended by the Commissioner of Indian Affairs on December 20, 1906, he was entitled to enrollment after he settled upon the lands in 1881 and associated and affili- ated himself with said tribe and was recognized by the tribal council, and from that time up to and including the entire period of the existence of said homestead entry of George Hooker ; that, being entitled to enrollment, and that being the fundamental question in determining his right to allotment, the fact that he did not become enrolled should not exclude him from the protection of the law and the regulations ; that one who was entitled to enrollment but was omitted should be given the same consideration as if his name had actually been inscribed upon the roll; and that the United States Government, recog- nizing the dependent condition of the Indians as the wards of the nation, has assumed from the beginning the duty of exercising a general supervision over their aifairs. to protect them not only from the encroachments of the white, but also from the consequences of their own ignorance and improvidence. The General Land Office added that it was plainly established that Starr McGillis went upon this land for the purpose nnd with the intention of making it hi.s permanent home: that he remained thereon for 17 years, cultivated a large part of the land and made valuable and substantial improvements thereon before Hooker tiled his homested application; that to deprive him of the land an.J permit Hooker to retain it was manifestly nn injustice and wrong to him; that on the other hand Hooker, if he examined the land as required by the law before making entry thereon, must have known that it was in the possession of Starr JIcGillis ; that he must have known of Mi-(4illis' improve- ments; that he must have known aicGillls had a large part of tlie tract under cultivation, and that knowing these facts, and being charged with knowledge of the law and regulations prohibiting the allotting of entries f( a- lands occu- pied by Indian inhabitants who had made improvements of any value what- ever, he could not well claim to have acted in good faith. It was said fui'ther that had the local officers known that these lands were in the possession of Starr McGillis. their duty would have been to have refused peremptorilv Hooker's application to enter them; that Hooker, )jy concealing the facts fraudulently procured record of his entry; that any false pretense or trick set in motion t(j induce the Government, in executing the laws of the United States in cases where they must act upon statements made by the interested parties, to act in a way which w(juld be unlawful if the real truth were known, is a fraud upon the Government, and it is not necessiiry that there shall be any pecuniary loss or damage to the Government. ^, ^ ^^ In view of the foregoing, the General Land Office was of oijnnon that the patent issued to Hooker might be annulled and vacated and concurred m the recommendation of the Indian Office that the Departnaent ot Justice be re- quested to institute suit to cancel the patent issued to Hooker for the reason that McGillis had a prior right to the land. ^ j, t i- AccoXgly, upon the request of this department, the Department of Justice insmuted a siit to cancel the patent to Hooker, and on May 2, 1913, a decree was entered to the effect that the land in question was erroneously patented to Lorge Hooker The title was adjudged to be in Starr McGillis and the pos- session wafrestored to McGillis with a .ludgment for the value of the use of the premises against Hooker for the time lie occupied the land. War The decree further found, however, that a mortgage given ),y Hooker to ■airenN Steele and subsequently assigned to Rachel Stockdale, ^vas a bona 290 INDIAN APPEOPKIATION BILL, 1917. fide moi-tgiiKe nnd a valid lien <5ii tlie laud. The mortgage was in the sum of $1,000, with interest from December 1, 1912, at the rate of 8 per cent per annum. Hooker was found to be insolvent and could not be made to pay the mortgage. The said mortgage was foreclosed and on Rlarch 21, 1914, the land was sold. The period of redemption expired on or about March 21, 1915. However, the Security Investment Co.. of Rolla, N. Dak., the purchaser of the property under foreclosure proceedings, lias since offered to convey its interest in the land for the amount of the mortgage, plus the cost of foreclosure and the accrued interest to date of redemption. Starr JIcGillis is now an old man and has no money that can be used in redeeming the land. He lived on his selection for many years and feels greatly attached to his home, whei-e he hopes to stay for the remainder of his lite. While he did fail to take the proper technical steps to obtain a record title to the land, this omission was caused apparently by his belief, be- ing an ignorant, dependent Indian, that his occupancy of the land gave him all the title he needed and that no one could take it from him. The superintendent of the Turtle Mountain School reports that a conserva- tive value of the property at the present time would be not less than $20 an acre, or $3,200. Hooker had rented the land for the year 1913 for one third of the crop from 118 acres. The lessee paid the proceeds of the one-third share, amounting to ,$166.52, t(j the superintendent, who says that it was a rather poor crop, and this money may be applied toward redeeming the land, the remainder to be supplied by the proposed legislation. In reporting the result of the suit the Assistant Attorney General used the following language : " I now have the honor to advise you that on March 21, 1911, the laud was sold under the mortgage held by Rachel Stockdale, an innocent assignee thereof. The period of redemption expires one year from that date. " It is apparent that nothing further can be done by this department for the relief of Starr McGiUis. The case, hovs'ever, has impressed me as one of extreme hardship and injustice to this Indian, and I would be glad to know that there is some means by which your department can aid him in the redeeming of the land from tlie mortgage sale. If some action by Congress is necessary to that end, this dei)artmeut will be glad to join you in recommending appropriate legislation." (The committee thereupon took a recess until 2 o'clock p. m.) AFTER RECESS. The Chairman. The next item is : OKLAHOMA. Sec. 19. For support and civilization of the Wichitas and affiliated bands who have been collected on the reservations set apart for their use and occupation in Oklahoma, including pay of employees, $5,000. Mr. Meeitt. I offer the following justification for this item : Support of Wichitas and afflUated bands, OklaJioma. Fiscal year ending June 30, 1916, amount appropriated $5, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 5 OOO. 00 Amount expended 4' 555' 92 T^upxpended balance 414 08 analysis of expenditubbs. Salaries, wages, etc $3 245. 25 Traveling expenses 1 ' 397 oj Transportation of supplies lo' 09 Telegraph and telephone service 91 44 INDIAN APPBOPEIATION BILL, 1917. 291 Printing, binding, and advertising j;-5 4g Forage J gA'.)'i Fuel 59^ Stationery and office supplies 4l' oft Medical supplies 44g' 05 Equipment, material, etc I92' 11 Miscellaneous gg' -1^.-, Total 4_ 585. 9^ , This appropriation is used at Kiowa Agency for the support of tlie Wichita and Caddo Indians, numbering 1,094. It is the only appropriation available for this purpose, and is necessary for efficient administration. It is the same appropriation that we had last year. The Chairman. The next item is : The Secretary of the Interior is hereby authorized to witlidraw from the Treasury of the X'nited States, at his discretion, the sum of $30,000, or so much thereof as may be necessary, of the funds on deposit to the credit of the Kio^va, Comanche, and Ai)ache Tribes of Indians in Ol^lahoma, for the support of Ihft agency and pay of employees maintained for their benefit. iSIr. Meritt. I offer the following justification for this item : Apnilie, Kioica, and Comanche Ji per cent fund. Fiscal year ending June 30, 1916, amount authorized by act of Mar. 3, 1915 $25,000.00 Fiscal year ended June 30, 1915: Amount authorized by act of Aug. 1, 1914 25,000.00 Amount expended 19, 554. 44 Unexpended balance 5, 445. 56 ANALYSIS or EXPENDITURES. Salaries, wages, etc 14, 641. 01 Traveling expenses 800. 52 Transportation of supplies 30. 78 Heat, light, and power service 505. 67 Telegraph and telephone service 397. 00 Printing, binding, and advertising 18. 79 Subsistence supplies 8. 04 Forage 203. 55 Fuel 1, 061. 79 Stationery and office supplies 269.09 Medical supplies 202. 61 Equipment, material, etc 1,378.59 Miscellaneous . 37.00 Total 19, ^54. 4k Expended from " Kiowa Agency Hospital 4 per cent fund " for maintenance of hospital 7, 301. 34 This appropriation is required at Kiowa Agency, Okla., for the support of the Apache, Kiowa, and Comanche Indians, numbering 3,190. For several years past ?25,000 has been asked for and allowed, but owing to increased leasing and farming operations requiring additional supervision, traveling expenses and equipment, and the enormous amount of work connected with the proper handling of the individual bank accounts of the Indians, aggregating nearly $1,000,000, it has become insufficient to provide adequate and efficient administration. As shown above, there are a large number of Indians; like' wise the reservation is large and in the midst of a rapidly developing country, so that careful, efficient administration is necessary in order to conserve theit vast estates, aggregating nearly $20,000,000, and to procure the greatest 292 INDIAN APPEOPEIATION BILL^ 1917. measure of Industrial advancement within a minimum of time. It will be observed that the per capita cost is less than $10. The balance of this fund in the Treasury to the credit of the Indians is $2,801,963.38, and they have also in the Treasury $977,101.73 at 5 per cent interest. The following is quoted from the minutes of a meeting of the business com- mittee of the Kiowa, Comanche, and Apache tribes held on August 16, 1915 : •• The superintendent presented to the Committee the matter of an increased appropriation from the funds of the Kiowa, Comanche, and Apache tribes for Ihe purpose of better cai-rying on the work pertaining to our tribes. Realizing the growing needs of the Kiowa Agency and the need for additional employees, the committee agreed to request the Commissioner of Indian Affairs to get addi- tional appropriation of $5,000 per annum from our funds. It is requested that this adultioual appropriation can be taken from' either the principal of the fund or the interest thereof at the discretion of the commissioner. Upon this matter being put to a vote the entire committee agreed to it and have hei-ewith subscribed themselves." We have recently constructed a hospital at that school, Mr. Chair- man, and we wonld like to have an additional appropriation of $.5,000; also we need some little additional assistance in looking after the farming interests of those Indians; it is an appropriation of funds of the Indians out of the Treasury; they have several million dollars in the Treasury and this will be entirely agreeable to the Indians. Mr. Carter. How much have they ''. Mr. Meritt. Between $3,000,000 and $4,000,000. The Chairman. And they desi-re this, do they? Mr. Meritt. The Indians have given their assent to this ; at least u delegation representing the tiibe have expressed their willingness that the increase be made. The Chairman. The next item is : That the Secretary of the Interior be, and he is hereby, authorized to with- draw from the Treasury of the United States, at his discretion, the sum of ,S2.iO.()00, or so much thereof as may be necessary, of the funds on deposit to the credit of the Kiowa, Comanche, and Apache Tribes of Indians in Oklahoma, and pay out the same for the benefit of the members of said tribes for their luuintonauce and support, and improvement of their homesteads, in such man- ner and under such regulations as he may prescribe : Proi-idcd, That the Secre- tary of the Interior shall report to Congress on the first Monday in December, nineteen hundred and seventeen, a detailed statement as to all moneys ex- pended as provided for herein. "What justification have you for that item? Mr. Meritt. We offer the following justification for this item, Mr. Chairman : This Item is intended to authorize the withdrawal of a portion of the funds to the credit of the Apache, Kiowa, and Comanche Tribes of Indians under the Kiowa superintendency in the State of Oklahoma, to enable the Indians to liquidate their indebtedness, to improve their homes, and obtain equipment for the development of their lands industrially. The act of April 30, 1908 (35 Stat. L., 70-87), authorized the Secretary of the Interior to pay the Apache, Kiowa, and Comanche Indians a sum of money, the total of which should not exceed $100 per capita. The acts of March 3, 1909 (35 Stat. L., 781-806), April 4, 1910 (36 Stat. L., 269-280), August 24, 1912 (37 Stat. L., 518-529), June 30, 1913 (38 Stat. L., 93), August 1, 1914 (38 Stat. L., 582-596), and the joint resolution of Blarch 4, 1915 (38 Stat. L., 1228), authorized the withdrawal of amounts similar to that it is now Intended to withdraw should the proposed item be favorably considered by Congress. There are approximately 3,190 Apache, Kiowa, and Comanche Indians on thi,' KiOAva Reservation. Their land, consisting of appi'oximately 641,000 acres, has been allotted to them, the largest part of whicli has in previous \-eiirs been teased for grazing, farming, and mining purposes. INDIAN APPEOPBIATION BILL, 1917. 293 The appropriation made for tlie last fiscal year nas paid to the Indians iu two payments, one in the fall, so as to give them funds to carry tliem tln-ough the winter, and another in the spring of the year, so as to give them money to purchase agi-icultural equipment and seeds in connection with their farming activities and subsistence supplies while crops are being planted. The reports indicate that a number of Indians who have been inactive in previous years have promised to utilize this money to good advantage and engage in farming. The money it is intended to appropriate belongs to these Indians. They havu need for it in connection with the promotion of their farming and live stock activities, and there Is no reason why it shoidd be withheld from them while such important needs exist. In this connection attention is invited to House Report No. 94, Sixty-second Oongress, first session, which sets out in detail the condition of the Indians and their urgent need for funds. On November 1, 191:"i. the balance in the Treasury to the credit of the Apache, Kiowa, and Comanche Indians of their ^ per cent fund, known as the "Apache. Kiowa, and Comanche fund," amounted to $915,665,66. and the accrued interest thereon, including unpaid shares, ?61,436.07. The balance of the "Apaclie, Kiowa, and Comanche 4 per <-ent fund " on that date amounted to $2,6.16.544.70. and the accrued interest Ihereon to .$148,808.37, making a total of $3,782,454,80. And in addition to that I will say that this appropriation has been made from year to year for several years. The Indians have more than $3,000,000 in the Treasury. Mr. Campbell. Is there a statement of how the money has been spent heretofore? Mr. Meritt. We have made per capita payments to the Indians Avho are competent, and to those who are incompetent we have de- posited the money to their credit in banks and used it for their benefit exclusively. Mr. Campbell." That is the way the money has been spent, and that is the way it is proposed to spend the amount authorized here? Mr. Meritt. Yes, sir; all of this money goes to the Indians. Mr. Carter. How many of these Indians are competent? Mv. Meritt. I would say 20 per cent are competent. The ChairjMan. The next item is : For support and civilization of the Olieyenncs and Arapahoes who have lieen collected on the reservations set apart for tlieir use and occupation in Olda- hoina, including pay of employees, $3.''i,000. What is your I'ustification for that item? Mr. Meritt. I offer the following justification for this item. Mr. Chairman : Ku]}pijrt of Chiiirunrx mid AniitiiJiaen. OkUOwmn. Fiscal year ending .Tune .30. 1916, amount appropriated $3-^>, OOP. 00 Fiscal year ended .lune 30, 1915 : Amount appropriated qi"' oti 71 Amount expended 6i.,vn- Fiscal year ended June 30, 1915: Amount appropriated S. 000. 0(> Amount expended 7, 230. 81 Unexpended balance 769. 19 ANALYSIS OF EXPENUITUKES. Salaries, wages, etc $5, 154. 51 Traveling expenses 37. 62 Transportation of supplies 15. 01 Telegraph and telephone service 80. 20 Printing, binding, and advertising 24. 70 Subsistence supplies 1. 01 Forage 572.63 Fuel 150.37 Stationery and office supplies 6. 20 Medical supplies 24. 47 Equipment, material, etc__ 1,044.44 Miscellaneous 19. 65 Total 7, 230. 81 This appropriation is required for the administration of tlie affairs of the Ponca Indians at Ponca Agency, Okla., and Santee, Nebr., numbering 974, and covers the pay of employees, equipment, and general support items necessary to the maintenance of the agency. The Chairman. The next item is : For support and education of five hundred Indian pupils at tlie Indian scliool at Ohilocco, Oklahoma, including pay of superintendent, $86,250 ; for general repairs and improvements, $7,000 ; in all, $93,250. What justification have you for that item ? 296 INDIAN APPBOPRIATION BILL, 1917. Mr. Meritt. I offer the following justification for this item : rn(lian sctionl, ChUocro, Oldn. Fiscal year ending June 30, 1916, amount appropriated $86, 250. 00 Fiscal year ended .Tune 30, 1915 : Amount appropriated 86, 250. 00 Amount expended 86, 467. 03 Overdrawn 217. 03 ANALYSIS OF EXPENDITUEBS. Salaries, wages, etc $39,444.67- Traveling expenses 2.25 Subsistence supplies 20, 494. 85 Dry goods, clothing, etc 10,131.32 Forage ; 56. 25 Fuel 9,229.60 Stationery and ofiice supplies 12.90 Educational supplies 889. 35 Bledical supplies 463. 66 Equipment, material, etc 5, 676. 47 Miscellaneous 65. 71 Total 86, 467. 03 Indian school, CliUoaco, Okla., repairs and improconvnts. Fiscal year ending June 30, 1916, amount appropriated !?7, 000 Fiscal year ended June .30, 1915: Amount appropriated 7,000 Amount expended 6, 988 Unexpended balance 12 ANALYSIS OF EXPENDITUKES. Kepairs (to plant) ■ $6,988 Statistical statement for year ending June SO, 1915. Value of school plant — real property $589, 295 Number of buildings . 52 Number of employees 55 Average attendance of pupils 544 Enrollment 653 Capacity ' 500 Cost per capita. based on enrollment ^^$140 Cost per capita ba-sed on average attendance ^.$168 Area of school land (acres) 8,500 Area of school land (acres cultivated) '4,490 Value of products of school $34, 150 Superintendent's estimate of absolute needs for 1917: Support $86, 250 Repairs and improvements 7,000 Total 93,, 250 iThis overdraft will be met by "Miscellaneous receipts, class 2," which have been collected to the amount of ,$249, and which are available to reimburse the appropriation. 2 This includes .'(12,(595.35 used in the transportation of pupils and $2,524.59 in the transportation of goods and supplies. There was also expended .$12,061.21, " aiiscella- neous receipts, class 4." '■'This does not include 2,200 acri^s in pasture and 1.S00 acres in meadow. INDIAN APPEOPEIATION BILL, 1917. 297 Amount requested in proposed bill : Support and education of 500 Indian pupils at the Ohiloeco Indian School, Chilocco, Okla., and superintendent's salary $86, 250 Repairs and improvements 7, OOO Total 93,250 Superintendent Principal and teacher of agri- culture Clerk Assistant clerk Do Property clerk Physician Disciplinarian Assistant disciplinarian Senior teacher Teacher Do Do Do Do Do Do Do Do Domestic Science teacher Matron Assistant matron Do , Dining-room matron Nurse Seamstress Assistant matron Assistant seamstress Salaries. $2, 750 1,400 1,300 780 720 720 "1, 200 840 300 810 780 780 720 720 660 660 600 600 540 720 720 660 540 600 720 660 540 300 Laundress Baker Cook Assistant cook Farmer Assistant farmer Superintendent of industries- Carpenter Shoe and harness maker Blacksmith Night watchman Gardener Engineer Assistant Engineer Do Do Nurseryman Dairyman Painter Printer Mason Hostler Assistant hostler Do Do Do Do Salaries. $600 300 660 480 900 720 960 720 660 780 540 900 1,200 720 480 300 900 1,000 680 1,000 800 660 600 480 300 180 180 Total 40,040 The appropriation requested provides for 500 pupils at a cost of $86,250, including the superintendent's salary of $2,750, which has always been provided for in estimating the sum necessary for support. It will be noted that the enrollment and average attendance have continued, as in recent vears, considerably above 500 pupils. However, while the past two seasons were much too dry for some binds of crops, such as were grown were well conserved and afforded " Miscellaneous receipts" of an amount sufficient, with careful economy, to enable the school to support from 40 to 50 students over the number for which appropriation was made, besides providing funds for erecting a substantial addition to the academic building, for purchasmg some much-needed farm machinery, and for making some important repairs that could not have been done within the sum appropriated for such purposes. This feature, contributive to self-support, is noteworthy in the school's man- agement and permits the low estimate of $7,000 for repairs and improvements to this large plant, which does not exceed the annual allowance for the past four years and is less than 2i per cent of the value of the buildings and other construction. This is a low rate and will be fully needed to keep the property, including the systems for heating, lighting, and sewerage, in adequate repair. Chilocco is a nonreservation boarding school with jurisdiction only over the pupils in attendance. Its capacity was increased a few years ago from 450 to 500 There are about 8,500 acres of Government land in the school farm, a portion of which is leased, but some 200 acres are cultivated by the students with fine results. It is distinctly an agricultural and industrial school of high rank, offering better agricultural training than most other Indian schools, but also well equipped for academic instruction. It is conveniently located for the educational needs of a large Indian popula- tion drawing many students from the Five Civilized Tribes, of whom, among 298 INDIAN APPEOPEIATION BILL, 1917. the full bloods particularly, many have not until recently actively accepted civilizing agencies and are now sending pupils in considerable numbers to Ohilocco who have had but little edvTcatiou. The school may well be maintained in its present efficiency for many years to come. I will say, in addition to the justification offered, that this is one of our largest nonreservation schools; it is located conveniently to one-third of the Indians of the United States ; it is probably one of the best equipped plants that we have, and the school is doing splen- did work under the supervision of Mr. Allen, one of the old and tried employees of the Indian service. The per capita cost at this school is $168, a very low per capita cost. Mr. Campbell. One of the lowest? Mr. Meeitt. We are not asking for an increased appropriation, and the same amount requested has been appropriated for several years. The Chairman. How is your school and farm running there — sat- isfactorily ? Mr. Meritt. Yes, sir; we are doing splendid work on industrial lines. The Chairman. Are you renting the pasture lands, as in former years ? Mr. Meritt. We are renting a part of the school farm. We have a farm there covering seven or eight thousand acres, and part of that is rented and the proceeds go to the school. The Chairman. Can you make an estimate of the amount of pro- ceeds and what is done with the proceeds? Mr. Meritt. During the fiscal year 1915 there were produced from the Chilocco farm products totaling in value $30,359.38. This included hogs and cattle. Of this produce there was sold to the value of $20,246.55. Products to the value of $7,578 were consumed at the school, a balance remaining on hand to the value of $2,534.83. The moneys were taken up as " Miscellaneous receipts. Class IV," and expended for various purposes for the benefit of the school — that is to say for maintenance and improvements to supplement the public appropriation. The Chairman. The next item is : For fulfllling treaties with Pawnee. Oklahoma: For perpetual annuitv, to be paid in cash to the Pawnees (article three, agreement of November "twenty- third, eighteen hundred and ninety-two), $30,000; for support of two manual- labor schools (article three, treaty of September twenty-fourth, eighteen hun- dred and fifty-seven), .$10,000; for pay of one farmer, two blacksmiths one iinller, one engineer and apprentices, and two teachers (article four, same treaty), $5,400; for purchase of iron and steel and other necessaries for the shops (article four, same treaty), $500; for pay of physician and purchase of medicines, $1,200 ; in all, $47,100. What justification have you for that item? Mr. Meritt. This is a treaty item, and I offer the following justi- fication in support of it : INDIAN APPE0PHIATI01 again borrow sufficient to tide him over until the next payment. In this manner it is probable that he pays an interest on borrowed funds of not less than 40 per cent per annum. It is evident that if the Osage Indians are to receive even approximately the benefits which they might have from these payments, some discretion should be INDIAN APPBOPEIATION BILL, 1917. 307 lodged in the department with respect to which the Indians simll be given the unrestricted use of their money. The purpose of the amendment is to permit the department to withhold payment and to use the funds for tlie benefit of th.- individuals where it is shown that the money has heretobore been misused or squandered. The Chairman. The next item is as follows : The act of Congress approved June tenty-eighth, nineteen hundred ;md si-c (Thirty -fourth Statutes at Large, page five hundred and thirty-nine), anil lb.- act of Congress approved April eighteenth, nineteen hundred and twehe (Thirty-seventh Statutes at Large, page eiglity-eight ) , autliorizing expendi- tures from Osage tribal funds of not exceeding $50,000 for schools and .'i;40,Ono for agency and emergency purposes, or an aggregate of ,$90,000, are hereby amended to provide that not exceeding such aggregate amount may be used for such purposes when authorized by the Secre1:ary of the Interior in such manner as he deems for the best interests of the Osages, not exceeding, however, in the aggregate the amount so authorized, to be immediately available: Provided, That the third paragraph of section four of the act of June twentv-eighth, nine- teen hundred and six (Thirty -fourth Statutes at Large, pages five hundred and thirty-nine and five hundred and forty-four) is hereby modified and amended to the extent tliat the moneys therein provided for support for Osage schools may be used in the discretion of the Secretary of the Interior for the same pur- poses as provided in said paragraph for a further period of not exceeding ten years from the first day of January, nineteen hundred and seventeen. Mr. Meeiit. We offer the following justification for that item: The act of June 28, 1906 (34 Stat. L., 539), provided for continuance of the Osage Boarding School for a period of 10 years from January 1, 1907. This term expires January 1, .1917, and without further legislation there will be no authority of law for use of the tribal funds of the Osage Nation for support of the school. Conditions among the Osages, as indicated by the records of the Indian Office, make it evident that it is desirable to continue the Osage Board- ing School for a further period. Home conditions among the Osages are gen- erally unsatisfactory ; in many families gambling is prevalent, and the use of intoxicating liquor. In such cases the public schools do not serve, as it is essential to remove the children from their home environment. In the boarding school the children receive academic instruction, some industrial training, and are taught morals and are subject to good influences. The future of the tribe will depend upon the training of the younger generation. There has been some opposition on the part of the Osages to the continuance of the boarding school, but it is believed such opposition, limited probably to a small number of the tribe, is not based on sound considerations. One objection that the pupils have been required to do too much routine work at the school lias been met by such changes and the addition of such employees as will relieve the children of any undue burden. In a recent report the superintendent of the school expresses the opinion that the school should be continued, especially for the full-blood children, who are usually backward in attending the public schools and who do not receive the attention there that can be given them in the Indian schools. He believes that they can make better progress by attending a school better adapted to them, at least until conditions are more favorable for their regular attendance in public schools. Mr. Campbell. That is new legislation and subject to a point of order. Mr. Meritt. It is a very important item and we would like very much to have it on the Indian appropriation bill. The school is not as large as formerly, but the agency work on account of the discovery of oil has very materially increased. Therefore, we need less money for the support of the school and more money for the support of the agency. That is the object of this item. Mr. Campbell. It is new legislation and subject to a point of order. Mr. Meritt. I judge that it would be. Mr. Norton. It limits the purpose of the existing appropriation. 308 INDIAN" APPKOPEIA.TION BILL, 1911. Mr. Campbell. It changes the law under which the former appro- priation was expended. Mr. Meeitt. If we can possibly get it on the Indian bill, we would like Tery much to have it there. If a point of order is made against it, we will then rely upon the omnibus bill. The Chaieman. The next item is as follows: All that part of the act approved June twenty-eighth, nineteen hunrlred and six, entitled "An act for the division of the lands and funds of the Osage Indians in Oklahoma Territory, and for other purposes " (Thirty-four1:h Statutes at Large, page five hundred and thirty-nine), which reserves to the Osage tribe the oil, gas, coal, or other minerals covered by the lands for the selection and division of Avhich provision is made in that act, is hereby amended so that the oil, gas, coal, or other minerals covered by said lands are reserved to the Osage Tribe for the period ending December thirty-one, nineteen hundred and fifty-nine: Provided, That the minerals upon the allotted lands shall become the property of the individual owner of the surface of said lands at the expiration of said period unless otherwise provided for by act of Congress. Mr. Meeitt. We offer the following justification for that item: The act of Tune 28, 3906 (34 Stat. L., 539), provides for the division of lands and funds of the Osage Tribe of Indians in Oklahoma and reserves to the tribe as a whole the mineral rights for a period which will expire on April 8, 1931, at which time the mineral rights shall become the property of the individual owner of the surface of the land unless otherwise provided by Congress. On March 16, 1896, the Osage Tribe, through its council, made an oil and gas lease to Edwin B. Foster covering the entire reservation of approximately 1.500,000 acres for a term of 10 years. The act of March 3, 1905 (33 Stat. L., 1061), extended the lease for a period vt 10 years from Blarch 16, 3906, but reduced the area to 680,000 acres. Operations have been conducted with more or less success by the Indian Territory Illuminating Oil Co. which succeeded by assignment to the rights of Edwin B. Poster, and by the sublessees of that company. It may be safely assumed that when the Congress reserved to the Osage Tribe the mineral rights for 25 years it was thought that by far the greater part of the minerals would have been extracted from the lands at the expira- tion of that time and that the members of the tribe would have shared equally in the proceeds of the minerals rather than that the same should have gone to probably a small number of Indians who were so fortunate as to select lands underlain with oil and gas. Notwithstanding the reservation lands have been leased since 1896, it was not until 1903 that oil or gas was discovered in paying quantities. During the 12 years which have elapsed since that time probably not more than one-fourth of the reservation has been fairly tested for oil and gas, and it would not be possible in the ordinary course of events to develop the remaining three-fourths of the reservation and to extract all the oil and gas therefrom by 1931, nor would it be wise to make efCorts to that end. The oil industry in Oklahoma Is just now recovering from a period of depression, which has been caused no doubt in great measure by the fact that oil was brought to the surface faster than it could be handled ; consequently the price of crude product fell to such a figure that in many cases the production of oil from wells of small capacity became an unprofitable business. It is believed by some that the entire Osage Reservation is underlain with oil and gas. To so stimulate prospecting and development as to take out this oil and gas prior to 1931 would, it is feared, depress the business, if the prospecting met with success, to a greater extent than heretofore. So far as is known at this time, the Osage Reservation Includes the only oll- and-gas field in any extent which is practically under the control of the Federal Government. Such wasteful methods have heretofore prevailed in the develop- ment of lands for oil and gas that it would seem that the Osage Reservation should be, as far as possible, conserved for future use, or at least that con- servative methods should be employed in developing the field. If the law is to remain as now, it will be impossible to conserve these lands as they should be, and either of two things would happen: First, the rapid and immediate development of the lands so that the tribe as a whole may get the greatest possible revenue therefrom prior to the expiration of the trust period, or, second INDIAN APPKOPEIATION BILL, IQn. 309 the rights of the tribe as a whole ignorecl, the greater part of the lands to i-emain undeveloped until 1931, and at that time turned over to the surface owner for exploitation, speculation, and rapid development to the advantage of a few and detriment of the many. If advantage is to be taken of the opportunity to direct the development of this large oil field in a conservative manner, that the country at large may reap the benefits, the period during which the Federal Government may control should be extended to at least 1960. Mr. Campbell. Of course that will be subject to a point of order. _ The Chairman. Do you wish to add anything to your justifica- tion? Mr. Meritt. Except to say that we have recently prescribed regu- lations governing the re-leases of Osage oil territory, and for the information of the committee, if you desire it, I will be glad to incorporate a copy of those regulations in the record. The Chairman. We would like to have it in print. Mr. Meritt. The regulations referred to are as follows : Regulations to Govebn the Leasing of Lands in the Osage Reservation, Okla., fou Oil and Gas Mining Pukfoses. [Approved, Aug. 26, 3 915.] Section 3 of the act approved June 28, 1906 (34 Stat. L.,, 539-543), provides: " That the oil, gas, coal, or other minerals covered by the lands for the ^selection and division of which provision is herein made are hereby reserved to the Osage Tribe for a period of twenty-five years from and after the eighth day of April, nineteen hundred and six ; and leases for all oil, gas, and other minerals, covered by selection and division of land herein provided for, may be made by the Osage Tribe of Indians through its tribal council, and with the approval of the Secretary of the Interior, and under such rules and regulations as he may prescribe : Provided, That the royalties to be paid to the Osage Tribe under any mineral lease so made shall be determined by the President of the United States : And provided further, That no mining of or prospecting for Jiny of said mineral or minerals shall be permitted on the homestead selections herein provided for without the written consent of the Secretary of the Inte- rior : Provided, however. That nothing herein contained shall be construed as jiffecting any valid existing lease or contract." To carry this provision of law into effect, the following forms and regulations are prescribed to govern the leasing of such lands for oil and gas mining : definitions. The following expressions wherever used in the lease and regulations shall have the meaning now designated, viz : Superintendent: The superintendent of the Osage Agency, Pawhuska, Okla., in charge of the Osage Agency and Reservation, or any other person who may be in charge of such agency and reservation, and it shall be his duty to "enforce compliance with these regulations. Inspector: Anv person appointed as inspector of oil and gas wells, or who may be designated by the Secretary of the Interior or the Commissioner of In- dian Affairs to supervise oil or gas operations on Osage lands under the direction of the superintendent. Foster lease: That contract made on March 16, 1896, between the Osage Tribe of Indians and Edwin B. Foster, and extended by the act of March 3, 1905 (33 Stat. L., 1061), as to approximately 680,000 acres. SuUessee: Any person, firm, or corporation which has any leasehold interests in Osage oil and gas lands acquired under the Foster lease. Sublease: Any land or any leasehold interest in any land acquired under the Foster lease. . . , , Oil lessee: Any person, firm, or corporation to whom an oil-mimng lease is made under these regulations. Gas lessee: Any person, firm, or corporation to whom a gas lease is made under these regulations. 310 INDIAN APPEOPHIATION BILL, 1917. Arlntration: Each of the purties to the controversy, dispute, or niiittor to he adjusted shall designate one representative, and the representatives so desig- nated shall immediately together appoint a third person, and on failure to- agree within five days upon a third person, the superintendent may desig- nate same. These three shall constitute a board of arbitration and the action ol' such board shall be final and conclusive between the parties. The- expense of arbitration in any case shall be divided between the parties in interest in equal proportions. Casing-lieail gas: The gas coming through the casing when the well is equipped for pumping oil. SPECIFIC PROVISIONS EELATTNG TO NEW LEASES OF LANDS COVERED BY THE F'OSTER LEASE. 1. Each and every person, firm, partnership, joint-stock association, cor- poration, and each and every combination of person and corporation, partner- ship and corporation, or corporation and corporation holding subleases and assignments under the Foster lease approved by the Secretary of the Interior, shall be considered and treated as a distinct and separate entity independent of his or their affiliations with any other sublessee. No assignment or sublease made subsequent to .Tidy 1, 1915, will be approved. 2. Any such sublessee who in good faith shall have made an effort prior to October 1. 1915, to develop any lands under the Foster lease for oil, and shall have drilled one or more wells thereon, even though such wells may have re- sulted in dry holes, will be granted a new oil lease on the expiration of the Foster lease on March 16, 1916, under, the conditions set forth in .sections 3 to 9 of these regulations, provided acceptance of the resolution of the tribal council dated June 17, 1915, is filed with the superintendent not later than September 1, 1915. '3. Any such sublessee may select from his present holdings and obtain an oil lease embracing not to exceed 4,800 acres of land in quarter-section units accord- ing to the public survey, or in fractional parts of such units where the present sublease does not cover a full quarter section, except such quarter section or fractional quarter-section units the producing wells of which were capable of averaging 25 or more barrels of oil per day on .Tuly 1. 1915, which units shall be released to the Osage Tribe on March 16, 1916, together with all other pro- ducing and nonproducing properties held by such sublease in excess of 4,800- acres. 4. All units on which there are producing oil wells released to the Osage Tribe shall be offered for lease to the highest bidder at public auction not later than February 15, 191G, the purchaser to take possession on INIarch 17, 1916. Any sublessee releasing producing units to the tribe shall be permitted to bid for such units at the sale, and any such proi)erties acquired shall not be con- sidered a part of his 4,800 acres. The terms, conditions, and rules under which the public sale shall be conducted shall be stated in the advertisements. 5. Should a sublessee, in expectation of becoming a purchaser at the public auction, not have selected from his present holdings the full area of oil lands on which he might be granted a lease under section 3 hereof, and it develops that such sublessee is unable to acquire the units which he had expected to pur- chase at the public sale, he may on or before March 1, 1916, select other lands within his sublease, so as to obtain the full benefits of section 3 of these regula- tions : Provided, That the sublessee, at the time he submits the plat of lands on which he seeks to acquire a new lease as provided in section 9, shall give notice of his intention to take advantage of the benefits of this section. 6. An appraisement shall be made, under the direction of the Secretary of the Interior, of each quarter section and fractional quarter section unit, the pro- ducing wells of which were capable of averaging 25 or more barrels per day on .July 1, 1915, to be released to the Osage Tribe, together with the equipment on all producing units released to the tribe, including the casings in the wells. Should the sublessee be unwilling to accept the appraisement of the equipment as made he shall have 30 days after March 16, 1916, within which to remove any engines, derricks, tools, and machinery, but in no case shall the casings in any producing wells be removed, and the value of such casings shall be deter- mined by arbitration and the sublessee shall be reimbursed by the purchaser. The appraised value of the equipment shall be published and no bid will be accepted less than such appraisement. The successful bidder shall pay the INDIAN APPEOPHIATION BILL, 1917. 311 sublessee for the equipment, and the bonus for the land shall be paid to the superintendent. 7. In tlie event that no acceptable offer is received at the public sale for any producing oil unit, the sublessee shall be permitted to continue the develop- ment and operation of such unit and to have a lease on the same, and such acreage shall not be considered as a part of the 4,800 acres which he is entitled to hold under these regulations. 8. Gas leases shall be made by the tribal council to the present gas lessees covering all or part of their present holdings and for such periods as the Secre- tary of the Interior may determine: Provided, That applications made prior to June 17, 1915, for leases of gas may be granted in the discretion of the Secretary of the Interior. 9. Each oil and gas sublessee shall furnish the superintendent on or before November 1, 1915, with a plat showing legal subdivisions of the lands upon which he desires a new lease, together with an itemized statement showing first cost and present value of all surface equipment on each producing quarter section or fractional quarter section to be released to the Osage Tribe which he desires to have appraised and sold with the property. Applicants for gas leases shall file a certified plat indicating the lands desired, showing the location and ownership of gas wells, together with all gas-pipe lines and any other related equipment, witli a statement of any indebtedness covering any improvements and equipment within the area applied for. 10. All contracts for the sale of gas for industrial purposes and sworn statements showing terms, conditions, and schedule of prices contained in contracts with domestic consumers shall be svibject to the approval of the Secretary of the Interior, and shall be filed with the superintendent, who shall forward them without recommendation to tlie Secretary of the Interior through the Commissioner of Indian Aifairs. Before any such contract or schedule is approved the superintendent shall be notified of the terms upon which the Secretary of the Interior will approve the same, and he will there- upon notify the principal chief, who shall convene the tribal council and inform the members of the terms of the proposed contract. The tribal council may within 10 days from receipt of such notice by the superintendent communicate to the Secretary of tlie Interior, through the superintendent and the Commissioner of Indian Aifairs, their views with refer- ence to any proposed contract. In the sale and disposition of gas preference shall at all times be given to domestic consumers. All contracts for the industrial use of gas shall contain a clause to the effect that when it is shown to the satisfaction of the Secretary of the Interior that such gas is needed by domestic consumers within an area fixed by the Secretary of the Interior, such contract shall terminate upon the expiration of 30 days' notice from the Secretary of the Interior, and that the superintendent shall have authority to Immediately suspend the furnishing of gas to industrial consumers when he is of opinion that such gas is needed for domestic consumers. All gas furnished to industrial and domestic con- sumers shall be metered and sold at meter rates : Provided, That gas furnished to an oil lessee may be sold as provided in the gas lessee's contract. All contracts with domestic consumers shall be subject to the inspection of the superintendent. [Form B.l OIL MINING LEASE, OSAGE EBSEEVATION, OKLAHOMA. This lease made and entered into in quadruplicate on this day of A D 19—, by and between the Osage Tribe of Indians in Oklahoma, by __^ '. principal chief, under authority of the resolution of the Osage tribal council, dated June 17, 1915, party of the first part, designated as lessor and , of , , party of the second part, desig- nated 'as lessee, under and in pursuance of section 3 of the act approved June 28, 1906 (34 Stat. L., 539-543), witnesseth: 1 The lessor, in consideration of $1, the receipt whereof is acknowledged, and of the royalties, covenants, stipulations, and conditions herein contained, and hereby agreed to be paid, observed, and performed by the lessee, does hereby demise mint, lease, and let unto the lessee, for five years from the date of annroval hereof and as long thereafter as oil is found in paying quantities, pSed that tL term of tms lease shall not extend beyond the date the title 312 liTDIAK APPEOPRIATION BILL, 1917. to the minerals remains in the Osage Tribe, all the oil deposits in or under lands described as follows, to wit : Sec , T N., R. E., Sec , T. N., R. E., of the Indian meridian, and containing acres, more or less, with the exclusive right to extract, pipe, store, and remove oil. 2. The lessee agrees to pay or cause to be paid to the superintendent of the Osage Indian Agency, at Pawhuslja, Ol^la., for the lessor, as royalty, the sum of 16§ per cent of the gross proceeds from sales after deducting the oil used for fuel in operating the lease, unless the Osage tribal council, with the approval of the Secretary of the Interior, shall elect to take the royalty in oil ; payment to be made at time of sale or removal of the oil, except where payments are made on division orders, and settlement shall be based on the actual selling price, but at not less than the highest posted market price in the Mid-Continent oil Jield on the day of sale or removal : Provided, That when the quantity of oil taken from all the producing wells on any quarter section according to the public survey, or fractional part of a quarter section if the land covered by this lease does not include the full quarter section, during any calendar month, is sufficient to average 100 or more barrels per well per day, the royalty on such oil shall be 20 per cent. Should the lessor, with tlie approval of the Secretary of the Interior, elect to take the royalty in oil, the lessee shall furnish free storage for the royalty oil for not exceeding 30 days. Any of the executive departments of the United States Government shall have the option to purchase at the highest posted market price on the day of sale all or any part of the oil produced under this lease. 3. Lessees shall drill at least one well to the Mississippi lime, unless oil or gas is found in commercial quantities at a lesser depth, on each and every quarter section or fractional quarter section of land covered by this lease which is not producing oil on March 16, 1916, within one year from the date of approval hereof, or shall pay to the superintendent, for the lessor, a rental of $1 per acre, payable annually, for each year or fractional part of a year the land is held by the lessee and a well is not drilled : Provided, That the time within which u well shall be drilled or rental paid in lieu of drilling shall not begin to run on any homestead selection until the consent of the Secretary of the Interior to drilling on such homestead shall have been given. Should the lessee elect to sur- render any such quarter section or fractional quarter section before the end oi any such yearly period without drilling a well thereon, he shall pay the rental of $1 per acre for the fractional part of a year the land is held and a well is not drilled, and faihire of tbe lessee to pay such rental within 25 days from the expiration of any yearly period during which such well is not drilled shall be cause for cancellation of this lease by the Secretary of the Interior, but such cancellation shall not release the lessee and his sureties from the obligation to pay such rental : Provided, That the lessee may surrender this lease and have the same cancelled at any time as to any homestead selection should the Secre- tary of the Interior refuse to give his consent to drilling thereon: Provided further, That whenever the Secretary of the Interior shall consider the market- ing facilities inadequate to take care of the production he may direct the sus- pension of drilling operations on all producing lands. 4. Lessee shall have the right to use so much of the surface of the land and such water on the premises as may be necessary for operations, including the right to lay and maintain pipe lines, telephone and telegraph lines, jiuU Vods, and other apnliances necessary for the operation of the wells; also the right-of ingress and egress and the rights of way to any point of operations uniler con- dition of least injury and inconvenience to the owner and occupant of the sur- tace. Before commencing operations the lessee shall pay to the surface owner the sum of $100 for each well located on cultivated land or land suitable for cultivation and $35 for each location on land not susceptible to cultivation. Location sites shall not exceed U acres in area. Lessee shall also pay $10 for each site outside of the well location used for oil tank of not exceeding 1,600 barrels' capacity, allowing 50 feet square for each tank site. The sum to bfc paid for an oil-tank site of larger capacity and occupying a greater area shall be as agreed upon between the surface owner and the lessee, and on failure to agree the same shall be fixed by arbitration. During operations the lessee shall pay all damages for the use of the surface other than that included in the location and tank sites, all damages to any growing crops or to any improvements on the lands, and all other damages as may be occasioned by reason of operations. Such damages shall be apportioned INDIAN APPKOPEIATION BILL, 1917. 313 among tlio parties interested in the surface, whether as owner, lessee, or other- wise, as the parties may mutually agree or as their interests may appear. If the parties are unable to agree concerning damages, the same shall be deter- mined by arbitration. All agreements (or 'authenticated copies tliereof ) providing for the settle- ment of damages shall be filed in the Osage Agency if the surface owner is a restricted Indian, and all such amounts which may be due and payable to any such Indian shall be paid to the superintendent and by him immediately re- mitted to the Indian entitled thereto. All sums due as royalty or damages shaP- be a lien on all equipment and unsold oil on leased premises. 5. The lessee shall carry on operations in a workmanlike manner, commit no waste, and suffer none to be committed upon the land, nor permit any nuisance to be maintained on the premises under his control, nor allow any intoxicating; liquors to be introduced, brought upon, sold, or given away for any purposes on such premises; also keep an accurate account of all operations, receipts, and disbursements, furnishing sworn reports of such when and as required by the regulations or by an authorized representative of the Secretary of the Interior. All buildings and permanent improvements, including casings of all produc- ing wells drilled three years or more prior to the expiration of the lease, shall remain a part of said land and become the property of the surface owner at expiration of the lease, excepting tools, tanks, boiler houses, pipe lines, pump- ing and drilling outfits, derricks, engines, machinery, and the casings of all dry or nonpaylng wells. Tlie casings of wells drilled less than three years prior to and producing oil on the expiration of the lease shall remain the property of the oil lessee : Provided, That such casings shall not be removed from the wells, but shall be purchased from the lessee by the owner of the oil rights at such price as may be mutually agreed upon, and on failure to agree the price shall be fixed by arbitration. 6. The lessee accepts this lease with the understanding that the lands covered thereby may be leased to some other party, who shall have the exclusive right to all gas except as herein provided. 7. If the oil lessee shall drill a gas well, he shall, without removing from the well any of the casing or other equipment, immediately shut the well in and notify the gas lessee and the superintendent. In tlie event the gas lessee does not within 30 days after receiving notice elect to take over such well and reim- burse the oil lessee the cost of drilling tlie same, including all damages paid, in addition to the cost in place of casing, tubing, and other equipment, the oil lessee shall immediately confine the gas to the original stratum, and the dispo- sition of such well shall be subject to the approval of the superintendent. 8. If the gas lessee shall drill an oil well upon the lands described herein, he shall immediately, without removing from the well any of the casing or other equipment, notify the oil lessee and the superintendent. In the event the oil lessee does not within 30 days after receipt of notice elect to take over such well, he shall immediately so notify the gas lessee, and the disposition of such well shall be subject to the approval of the superintendent. Should the oil lessee elect to take over the well, he shall pay the gas lessee the cost of drilling the same, including all damages paid, in addition to the cost in place of casing and other equipment. 9. If the oil lessee shall drill a well which produces both oil and gas in com- mercial quantities from the same sand, he shall Immediately notify the gas lessee, and together they shall arrange for the separation and utilization of the oil and gas and the cost pertaining to said well. 10. Whenever oil and gas are found in separate sands and the oil lessee de- sires to drill through the gas sand for the oil, he may do so, provided the method of protecting the gas sand shall be approved by the inspector. 11. If at any time any oil or gas well becomes unprofitable and the oil or gas lessee desires to deepen the same, such action as may be mutually agreed upon may be taken not in conflict with the regulations. Upon failure to agree the disposition of such well shall be subject to the approval of the superin- tendent. 12. All casing-head gas shall belong to the oil lessee, and when used for the manufacture of gasoline shall be metered and be subject to a royalty of 16| per cent, based on the market value of the gasoline contents, and all such gas not utilized by the oil lessee on his leased premises or for operating other adjoining leases v/ithin the Osage Keservation shall belong to the gas lessee, subject to the prescribed royalty of 16§ per cent. 13. The gas lessee shall furnish the oil lessee, free of royalty, sufficient ga.s for drilling and operating purposes at a rate to be agreed upon, or on failure 314 II^DIAN APPEOPRIATION BILL. 1917. to agree the rate shall be fixed by arbitration : Provided, That the oil lessee shall make necessary connections between the well and the meter whenever possible. 14. The oil lessee may at any time by paying to the superintendent all amounts then due, including rentals in lieu of development as provided in paragraph numbered three hereof, and the further sum of .$1, surrender all or any quarter section or fractional part of quarter section where the lease does not cover the full quarter section, and have the- lease cancelled as to the lands surrendered and be relieved from all further obligations and liabilities thereunder as to the part surrendered: Provided, That if this lease has been recorded lessee shall execute a release and record the same in the proper office. 15. All amounts due and payable under tihs lease shall be paid to the super- intendent la St. Louis or Kansas City exchange, except that where such ex- change can not be procured, post office or express money orders will be accepted. 16. This lease is sub,iect to the regulations now or herafter prescribed by the Secretary of the Interior, relative to such leases, all of which are made a part of this lease: Provided, That no regulations made after the approval of this lease shall operate to affect the term of lease, rate of royalty, rental or acreage, luiless agreed to by both parties. 17. Violation of any of the terms or conditions of this lease or of the regula- tions peitaining thereto shall subject the lease to cancellation by the Secretary of the Interior, or the lessee to a fine of not exceeding $500 per day for each and every day the terms of the lesse or of the regulations are violated, or the orders of the superintendent in reference thereto are not complied with, or to both such fine and cancellation in the discretion of the Secretary of the In- terior: Provided, That the le.ssee shall be entitled to notice and hearing with respect to the terms of the lease or of the regulations violated, which hearing shall be heJd by the sujierintendent whose finding shall be conclusive unless an appeal be taken to the Secretary of the Interior within 30 days after notice of the superintendent's decision, and the decision of the Secretary of the Interior npon appeal shall be conclusive. IS. Before this lease shall be in force and effect the lessee shall furnish a bond with resjionsible surety to the satisfaction of the Secretary of the Interior, conditioned for the performance of this lease, which bond shall be deposited and remain on file in the Indian Office. 19. Assignment of this lease or any interest therein may be made with the approval of the Secretary of the Interior and not otherwise. 20. Each and every clause and covenant of this indenture shall extend to the heirs, executors, administrators, successors, and lawful assigns of the parties hereto. In witness whereof, the said parties have hereunto subscribed their names and affixed their seals on the day and year above mentioned. . [SEAL.] Attest : . Two witnesses to execution by lessor : P. O. P. O. , . [SEAL.1] Attest : Two witnesses to execution by lessees : Post office, Post office, ACKNOWLEDGMENT OF PRINCIPAL CHIEF. State of ■ , County of , ss: Before me, , on this day of , 19 — , personally ap- peared , to me known to be the principal chief of the Osage Tribe, and the identical person who executed the within and foregoing lease, IKDIAN APPROPEIATION BILL, 1917. 315 Jind acknowledged to me that he executed the same as his voluntary act and ■deed on behalf of the Osage Tribe and in accordance with the authority given liim by the Osage tribal council. (Official title.) ACKNOWLEDGMENT OF INDIVIDUAL. State of , County of , ss: Before me, a notary public in and for said county and State, on this • as to . [SEAL.] p. o. Approved : Depaktment of the Interior, Washington, D. C, , 191—. Assistant Secretary of the Interior. 16. Any person, other than a lessee or an allottee or the heirs of a deceased allottee, claiming an interest in any leased tract, or in damages thereto, must furnish to the superintendent a statement in writing showing his interest, and failure to furnish such statement shall constitute a waiver of notice and estop said person from claiming any part of such damages after the same shall have been disbursed. 17. Lessees and those acting under them shall not conduct operations within oi- upon any homestead selection without the written consent of the Secretary of the Interior. If the allottee is unwilling to permit operations on his homestead, the super- intendent will direct the inspector to make an examination of the premises with the allottee and the lessee, or his representative, and should the inspector be of the opinion that the interests of the Osage Tribe requires that the particular tract be developed he will endeavor to have the parties agree upon the term'j under which operations on the homestead may be conducted. In the event the alottee and the lessee can not, with the assistance of the inspector, agree on the matter, the allottee shall be permitted to go before the Osage tribal council, and the council, after hearing the allottee, the lessee, and the inspector, shall malce such recommendations as it deems proper. Guai'dians, legal or natural, may represent their Indian wards, and wliere no one is authorized or where no person is deemed by the superintendent to be a proper party to speak for a minor or person of unsound mind or of feeble understand- ing, the principal chief of the OSage Tribe shall represent them. Kental in lieu of development shall not be given to run on any homestead selection until the consent of the Secretary of the Interior to operations on such homestead shall have been given. 18. Each and every lessee and assignee shall, from the date of approval of lease or assignment, maintain an office at Pawhuska, Okla., with an agent upon whom service of process may be had in conformity with the laws of the State of Oklahoma, and who shall have authority to represent and speak for the lessee or assignee in controversies affecting any individual member of the Osage Tribe. 19. Lessee shall comply with all orders or instructions issued by the super- intendent or inspector within the time specified, and shall allow the lessor and his agents, or any authorized representative of the Secretary of the Interior, to enter, from time to time, upon and into all parts of the leased premises for the purpose of inspection ; and shall further agree to keep a full and correct account of all operations, receipts, and disbursements and make reports thereof, INDIAN APPKOPEIATION BILL, 191*7. 323 as herein required, and their books and records, showing manner of operations and persons interested, shall be open at all times for the examination of any authoi'ized representative of the superintendent or of the Secretary of the Interior. 20. Royalties on all oil and gas produced in any month shall be paid on or before the 2oth day of the month next succeeding, and the remittances shall be accompanied by sworn reports covering all operations whether there has been production or not. Lessees shall show in this statement the total amount of oil and gas sold, and not merely their working interest, and also the dates of discovery and beginning of utilization of gas from gas wells. The lessee may include in one sworn statement all leases upon which there is no production or upon which dry holes have been drilled. ASSIGNMENTS. 21. Approved leases or any interest therein may be sublet, transferred, or assigned with the consent and approval Qf the Secretary of the Interior, and not otherwise. Subleases, transfers, or assignments, when so approved, shall be subject to the terms and conditions of the original leases and the regulations under which such leases were approved, as well as to such additional require- ments as the Secretary of the Interior may prescribe. The sublessee, trans- feree, or assignee shall furnish with his sublease, transfer, or assignment a satisfactory bond as hereinbefore prescribed in connection with leases. Any attempt to sublease, transfer, or assign an approved lease or any interest therein \Aithout the consent and approval of the Secretary of the Interior shall be absolutely void and shall subject the original lease to cancellation in the discretion of such Secretary. [Form F.] [Musi be executed in quadruplicate.] ASSIGNMENT OF LEASE. Whereas the Secretary of the Interior has heretofore approved mining lease, dated , 191 — , entered into by and between , lessee, and the Osage Tribe of Indians, lessor, covering the following-described land in the Osage Reservation, State of Oklahoma : Now, therefore, for and in consideration of .$ , the receipt of which is hereby acknowledged, the said , the lessee in the above-described lease, hereby bargains, sells, transfers, assigns, and conveys right, title, and interest of the lessee in and to said lease, subject to the approval of the Secretary of the Interior, to . In witness whereof the said lessee has hereunto set hand and seal this day. of , 191—. ACKNOWLEDGMENT OF INDIVIDUAL. State of , County of - Be it remembered that on this day came before me, the undersigned within and for the State and county aforesaid, duly commissioned and acting as such, , to me personally well known, and stated that . executed the foregoing and annexed instrument for the consideration and purposes therein mentioned and set forth ; and I do hereby so certify. Witness my hand and seal on this day of , 191 — . My commission expires ACKNOWLEDGMENT OF CORPOBATION. State of , County of , ss: On this day of , A. D. 191—, before me, a within and for the State and county aforesaid, personally appeared and , to me personally known, who, being by me duly sworn, did each say 324 INDIAN APPBOPEIATION BILL, 1917. that Is the president and is the secretary of , a corporation, and that the seal affixed to the foregoing and annexed Instrument Is the corporate seal of said corporation, and that said Instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and said and duly acknowledged that they each had in their official capacities executed the foregoing instrument as the act and deed of the said company for the consideration and purposes therein mentioned and set forth ; and I do hereby so certify. Witness my hand and seal on this day of , 191 — . Jly commission expires ■ ACCEPTANCE BY ASSIGNEE. The assignee in the above and foregoing assignment, made subject to the approval of the Secretary of the Interior, hereby accepts such assignment and agrees to fulfill all the obligations, conditions, and stipulations in said described indenture of lease, when assigned, and the rules and regulations of the Secre- tary of the Interior, so far as applicable thereto, and to furnish proper bond guaranteeing a faithful compliance with said lease and this agreement. In witness whereof the said assignee has hereunto set hand and seal this day of . 191 — . The , of , , surety for on the bond accom- panying the lease above described; hereby consents to the assignment and trans- fer of said lease as above made. Dated at , , this day of , 191 — . Approved : Department of the Intebioe, Washington, D. C, , 191- Assistant Secretary of the Interior. Note. — If bond accompanying the original lease is to remain in full force and eftect. it must be speciflcally so stated in the consent of the surety company. 22. Wherever notice is provided for in these regulations, unless otherwise specifically stated, it shall be sufficient if notice has been mailed to the last known place of address of the party, and time shall begin to run from the day next ensuing after the mailing or from the date of delivery of personal notice ; but where the party is outside the State of Oklahoma, the superintendent may, in his discretion, Increase the time allowed. operations. 23. No operations shall be permitted upon any tract of land until a lease cov- ering such tract shall have been approved by the Secretary of the Interior. powers and duties or inspectors. It shall be the duty of the inspector — 24. To visit from time to time leased lands where oil and gas mining opera- tions are being conducted, and to inspect and supervise such operations with a view to preventing waste of oil and gas, damage to oil, gas, or water bearing formations, or to coal measures or other mineral bearing deposits, or injury to property or life, in accordance with the provisions of these regulations. 2.5. To make reports to the superintendent and to the Bureau of Mines as to the general conditions of the leases, property, and the manner in which opera- tions are being conducted and his orders complied with. 26. To consult and advise with the superintendent as to the condition of the leased lands, and to submit information and recommendations from time to time for safeguarding and protecting the property of the lessor and securing compliance with the provisions of these regulations. INDIAN APPROPRIATION BILL, 1917. 325 27. To give such orders or notices as may be necessary to secure compliance witli tlie regulations and to issue all necessary instructions or orders to lessees to stop or modify such methods or practices as he may consider contrary to the provisions of such regulations. 28. To modify or prohibit the use or continuance of any operation or method which, in his opinion, is causing or is likely to cause any surface or under- ground waste of oil or gas, or injury to any oil, gas, water, coal, or other mineral formation, or which is dangerous to life or property, or in violation of the provisions of these regulations. 29. To prescribe, subject to the approval of the superintendent, the manner and form in which all records or reports called for by these regulations shall be made by the lessee. 30. To prohibit the drilling of any well into any producing sand when in his opinion and with the approval of the superintendent the marketing facilities are inadequate, or insufficient provision has been made for controlling the flow of oil or gas reasonably to be expected therefrom, until such time as suitable provision can be made. 31. To prescribe or approve the methods of drilling wells through coal meas- ures or other mineral deposits. 32. To determine when and under what conditions a producing well may be drilled deeper, and under what conditions a producing well, or sand, may be abandoned. 33. To require that tests shall be made to detect waste of oil or gas or the presence of water in a well, and to prescribe or approve the methods of conduct- ing such tests. 34. To require that any condition existing subsequent to the completion of a well which is causing, or is likely to cause, damage to an oil, gas, or water bearing formation, or to coal measures, or other mineral deposits, or which is dangerous to life or property, be corrected as he may prescribe or approve. 35. To approve the type or size of separators used to separate the oil, gas, or water coming from a well. 36. The inspector may limit the percentage of the open-flow capacity of any well which may be utilized when, in his opinion, such action is necessary to properly protect the gas-producing formation. 37. The inspector shall be the sole judge of whether his orders have been fully complied with and carried out. DUTIES OF LESSEES. 38. Before actual drilling or development operations are commenced on thi leased lands, or within not less than 30 days from the date of approval of these regulations, in case of producing leases or leased lands on which such opera- tions have been commenced prior to such approval, the lessee or asignee shall appoint a local or resident i-epresentative within Osage County of Oklahoma on whom the superintendent or other authorized representative of the Depart- ment of the Interior may serve notices or otherwise communicate with in secur- ing compliance with these regulations, and shall notify the superintendent of the name and post-office address of the representative so appointed. In the event of the incapacity or absence from the county of such designated local or resident representative, the lessee shall appoint some person to serve in his stead, and in the absence of such representative or of notice of the appoint- ment of a substitute any employee of the lessee upon the leased premises, or the contractor or other person in charge of drilling or related operations thereon, shall be considered the representative of the lessee for the purpose of service of orders or notices as herein provided, and service upon any such employee, con- tractor, or other person shall be deemed service upon the lessee. 39. Five days prior to the commencement of drilling operations lessee shall submit, on forms to be furnished by the superintendent, a report in duplicate showing the location of the proposed wells. 40. Lessee shall keep upon the leased premises accurate records of the drillmg, redrilling, or deepening of all wells, showing formations drilled through, casing used, together with other information as indicated on prescribed forms to be furnishd by the superintendent, and shall transmit such and other reports of operations when required by the superintendent. 41 Lessee shall furnish on the 1st day of January and the 1st day of July of each year a plat, in manner and form as prescribed by the superintendent, show- 326 INDIAN APPROPEIATION BILL, 1917. ing all wells, active or abandoned, on the leased lands, and other related informa- tion. Blank plats will be furnished upon application. 42. Lessee shall clearly and permanently mark all rigs or wells in a con- spicuous place with the name of the lessee and the number or designation of the well, and shall take all necessary precautions for the preservation of these markings. 43. Lessee shall not drill within 300 feet of boundary line of leased lands, ex- cept with the consent of the superintendent. Lessees shall not locate any well or tank within 200 feet of any public highway or any building used as a dwelling, granary, barn, or established watering place, except with the written permission of the superintendent. 44. Lessee shall notify the superintendent, in advance, of intention to use the mud-fluid process of drilling, so that the inspector may approve the method and material to be used, in the event the ojierator is not familiar with this process. 45. Lessee shall provide a properly prepared slush pit, into which all sand pumpings and other materials extracted from the well during the process of drilling shall be deposite"d. Such sand i)umpings and materials shall not be allowed to run over the surface of the land. The construction of such pits shall be subject to the approval of the inspector. 46. Lessee shall effectually shut out and exclude all water from any oil or gas bearing stratum and take all proper precautions and measures to prevent the contamination or pollution of any fresh-water supply encountered in any well drilled for oil or gas. 47. Ijessee shall protect to the satisfaction of the inspector each productive oil or gas bearing formation drilled through for the purpose of producing oil or gas from a lower formation. 48. Lessee shall place an approved gate valve or other approved controlling device on the innermost string of casing seated in the well, and keep same in place and in proper condition for use until the well is completed, whenever drilling operations are commenced in " wildcat " territory or in a gas or oil field where high pressures are known to exist, whenever the inspector shall deem same necessary for the proper control of the production from the well. 49. When natural gas is encountered, in commercial quantities in any well, lessee shall confine such gas to its natural stratum until such time as the same can be produced and utilized without waste, it being understood that a commer- cial quantity of gas produced by a well is any unrestricted flow of natural gas in excess of 2,000,000 cubic feet per 24 hours : Provided, That if in the opinion of the superintendent gas of a lesser quantity shall be of commercial value, the superintendent shall have authority to require the conservation of said gas. Water shall not be introduced into any Avell where such introduction will ojierate to kill or restrict the open flow of gas therein. 50. Lessee shall separate the oil from the gas when both are produced in commercial quantities from the same formation, or under such conditions as might result in waste of oil or gas in commercial quantities. 51. Lessee shall not use natural gas from a distinct or separate stratum for the purpose of flowing or lifting the oil. 52. Lessee shall prevent oil or gas, or both, from escaping from any well into the open air, and not permit any oil or gas well to go wild or to burn wastefuUy. 53. Lessee shall not use natural gas in place of steam to operate engines or pumps under direct pressure, except with the special permission of the inspector. 54. Lessee shall not use natural gas in flambeau lights, save as authorized or approved by the inspector. 55. Lessee shall use every possible precaution, in accordance with the most approved methods, to stop and prevent waste of natural gas and oil, or both, at the wells and from connecting lines and to prevent the wasteful utilization of such gas about the well. 56. Lessee shall notify the superintendent a reasonable time in advance of starting work of intention to redrill, deepen, plug, or abandon a well; and whenever the superintendent or inspector has given notice that extra precautions are necessary in the plugging of wells in a particular territory lessee shall give at least three days' advance notice of such intended plugging. 57. Lessee shall not abandon any well for the purpose of drilling deeper for oil or gas unl^s the producing stratum is properly protected, and shall not abandon any well producing oil or gas except with the approval of the superln- INDIA jSr APPEOPEIATION BILL, 1917. 327 tenclent or where it can be demonstrated that the further operation of such well IS commercially unprofitable. _ 58. Lessee shall plug and fill all dry or abandoned wells on the leased lands in the manner required, and where any such well penetrates an oil or sas bearing formation it shall be thoroiiRhly cleaned to the bottom of the hole before being plussed or filled, and shall then be filled with mud-laden fluid of a consistency approved by the inspector, from the bottom to the top thereof, before any casing is removed from the well, or, in lieu of rhe use of such mud fluid, each oil and gas bearing formation shall be adequately protected by cement or approved plugs, or by both such plugs and cement, and the well filled in above and below such cement or plugs with material approved by the inspector. Where both fresh water and salt water are encountered in anv dry or aban- doned well which is not being filled with mud-laden fluid as hereinbefore pro- vided, the fresh water shall be efficiently protected against contamination by cement or approved plugs, or by both such cement and plugs, to be placed at such points in the well as the inspector shall approve for the protection of the fresh water. 59. If such abandoned or dry well be in a coal bed or other mineral vein deposit, or be in such condition as to warrant taking extraordinary precautions, the inspector may require such variations in the above-prescribed methods of plugging and filling as may be necessary in his judgment to protect such seam or deposit against infiltration of gas or water and to protect all other strata en- countered in the well. 60. The manner In which such mud-laden fluid, cement, or plugs shall be Introduced into any well being plugged and the type of plugs so used shall be subject to the approval of the inspector. In the event the lessee or operator shall fail to plug properly any dry or abandoned well in accordance with these regulations the superintendent may, after five days' notice to the parties in interest, plug such well at the expense of the lessee or his surety. 61. All B-S or water from tanks or wells shall be drained off into proper receptacles located at a safe distance from tanks, wells, or buildings, to the end that same may be disposed of by being burned or transported from the premises. Where it is impossible to burn the JB-S, or where it is necessary to pump salt water in such quantities as would damage the surface of the leased land or ad- joining property, or pollute any fresh water, the lessee shall notify the super- intendent, who shall give instructions in each instance as to the disposition of such B-S or salt water. 62. Lessee shall make a full and complete report to the superintendent of all accidents or fires occurring on the leased premises. 63. Lessee shall provide approved tankage of suitable shape for accurate measurement, into which all production of crude oil shall be run from the wells, and shall furnish the superintendent copies of accurate tank tables and all run tickets, as and when requested. 64. The superintendent may make arrangements with the purchasers of oil for the payment of the royalty, but such arrangements, if made, shall not relieve the lessee from responsibility for the payment of the royalty, should such pur- chaser fail, neglect, or refuse to pay the royalty when it becomes due : Provided, That no oil shall be run to any purchaser or delivered to the pipe line or other carrier for shipment, or otherwise conveyed or removed from the leased prem- ises, until a division order is executed, filed, and approved by the superin- tendent, showing that the lessee has a regularly approved lease in effect, and the conditions under which the oil may be run. Lessees shall be required to pay for all oil or gas used off the leased premises for operating purposes ; affidavit shall be made as to the production used for such purposes and royalty paid in the usual manner. The lessee or his representative shall be present when oil is taken from the leased premises under any division order and will be respon- sible for the correct measurement thereof and shall report all oil so run. The lessee shall also authorize the pipe-line company or the purchaser of oil to furnish the superintendent with a monthly statement, not later than the tenth day of the following calendar month, of the gross barrels run as common-carrier shipment or purchased from his lease or leases. 65. Lessee will not be permitted to use any timber from any Osage lands except under written agreement with the owner, and in all cases where lands are restricted such agreement shall be subject to the approval of the superinten- dent or inspector. Lessee shall, when requested by the superintendent, furnish 328 IKTDIAN APPEOPEIATION BILL, ISlT. a statement under oath as to whether the rig timbers were purchased on the leased tract, and If so, state the name of the person from whom purchased, and give such other Information regarding tlie procurement of timber as the super- intendent may desire. 66. The use of and damages to surface of lands shall be settled as provided in the lease. 67. Failure to comply with any provision of the lease or of these regula- tions shall subject the lease to cancellation by the Secretary of the Interior or the lessee to a fine of not more than $500 per day for each and every day the terms of the lease or of the regulations are violated, or the orders of the superintendent pertaining thereto are not complied with, or to both such fine and cancellation, in the discretion of the Secretary of the Interior : Provided, That the lessee shall be entitled to notice and hearing with respect to the terms of the lease or of the regulations violated, which hearing shall be held by the superintendent, whose finding shall be conclusive unless an appeal be taken to the Secretary of the Interior within 30 days after notice of the superintendent's decision, and the decision of the Secretary of the Interior upon appeal shall be conclusive. 68. These regulations shall become effective and in full force from and after the date of approval, and shall be subject to change or alteration at any time by the Secretary of the Interior : Provided, That no regulations made after the approval of any lease shall operate to afCect the term of lease, rate of royalty, rental, or acreage, unless agreed to by both parties to the lease. 69. Applications, leases, and other papers must be upon forms prescribed by the Secretary of the Interior, and the superintendent will furnish prospec- tive lessees with such forms at a cost of $1 per set. Form A.^-Application for oil or gas lease, Including financial showing. Form B. — Oil lease. Form C. — Gas lease. Form D. — Bond. Form E. — ^Authority of officers to execute papers. Form .F. — ^Assignment. Form G. — Collective bond. All sums received from sale of forms shall be placed in a special fund, to be expended under the direction of the Commissioner of Indian Affairs for the expenses necessary to carry out these regulations. Depaetmbnt of the Inteeiok, Office of Indian Affaiks, August 26, 1915. The foregoing regulations are respectfully submitted to the Secretary of the Interior with the recommendation that they be approved. E. B. Mekitt, Assistant Commissioner of Indian Affairs. Department of the Intekioe, August 26, 1915. Approved : Feanklin K. Lane. The Chairman. The next item is as follows : five civilized teibes. Sec. 20. For expenses of administration of the affairs of the Five Civilized Tribes, Oklahoma, and the compensation of employees, $175,000. Mr. Meeitt. I offer the following justification for that item: Administration of the affairs of Five Civilized Tribes, Oklahoma. Fical year ending June 30, 1916, amount appropriated $175, 000. 00 Fical year ended June 30, 1915 : Amount appropriated 175, OOO. 00 Amount expended 175] 500! 38 Overdrawn _. 50O. 38 INDIAN APPEOPEIATION BILL, 19Vl. 329 ANALYSIS OF EXPENDITURES. Salaries, wages, etc $156,004.76 Traveling expenses 15, 137. 05 Transportation of supplies 1,35. 33 Heat, light, and power (service) 69.68 Telegraph and telephone service 49.79 Printing, binding, and advertising .38. 59 Stationery and ofl3ce supplies 1,092.02 Medical supplies 2. 28 Equipment, material, etc 24. 18 Eeut 2, 938. 50 Miscellaneous 8. 20 Total 175, 500. 38 ADMINISTRATION OF AFFAIRS, FIVE CIVILIZED TRIBES, OKLAHOMA. The Indian appropriation act approved August 1, 1914 (38 Stat. L., 582-598), section 17, provides for the consolidation of the offices of the Union Agency and Commissioner to the Five Civilized Tribes and for the expenditure of $175,000 for the administration of affairs of the Five Civilized Tribes for the fiscal year 1915, and the continuing resolution adopted March 4, 1915, authorizes the ex- penditure of $175,000 for the same purposes during the fiscal year 1916. The act approved June 30, 1913 (38 Stat. L., 77-95), section 18, authorized the expenditure of $250,000 for the administration of affairs of the Five Civil- ized Tribes for the fiscal year 1914. The practical net result, therefore, being that substantiallv the same quantity of work heretofore performed had to be performed during the fiscal year 1915, and will have to be performed during the fiscal year 1916 with $75,000 less money than was authorized and used during the fiscal vear 1914. The consolidation of the two offices naturally might be expected to reduce the expenses for the classes of work performed by them to some extent, as-necesparilv, two offices administering kindred affairs, tribal and individual, would unavoidably have more or less duplication. However so large a reduction, suddenly made, has materially handicapped efficient and effective administration, as evidenced by the necessity for the reduction of the force 59 people on April 5 and a further reduction of 44 people on June 22 a total of 103 people, in order to prevent a large deficit during the fiscal year 1915 In order to come within the $175,000 appropriation for the ^scal year 1916, it has been necessary permanently to reduce the personnel m the office and in the field and also to make a great many reductions m salaries. in attempt to reduce to writing an exhaustive statement of the enornaous detail work in connection with the administration of the affairs of the Five Civilized Tribes would be burdensome and probably unnecessary Howevei, attentfon is invited to the scope of the requirements and to the previous reports of this office and the Commissioner to the Five Civilized Tribes, in connection *^ThrOTlginal records of the enrollment and allotment of the 101,521 members of the Fi>eClvmzed Tribes, together with the records of individua patents deeds to town lots, nnalfotted lands, and other tribal property constitute the foundation of land t ties in the eastern half of the State of Oklahoma, com- m-Mnl an area of more than 19,500,000 acres of land. These records are now fn the custody of the superintendent for the Five Civilized Tribes to which constlnracces^s must be had, in connection with multitudes of matters involv- ing leases removal of restrictions, sales, industrial developments, all kinds of Utiatfon inheritances, payments of moneys to individuals, guardians, and LS strators etc not to mention the thousands of individual miscellaneous loOoTotment patents yet ?o be delifered scattered tracts of unallotted lands Tonds covering thlsfdepo'sits, collection of tribal revenues, protection of the 330 INDIAN APPEOPEIATION BILL, 1917. unsold timber and other lands and property, investigation and action upon alleged duplicate enrollments and allotments, all the above also applying to tne Choctaw and Chickasaw Nations, in addition to the 1,040,000 acres of unal- lotted and scattered lands, including the timberland and the surtace oi tne segregated coal and asphalt lands still unsold in those nations; payments yet to be made and collected and patents issued on approximately ^0,OUU tracts heretofore sold and about 11,500 unsold tracts. Approximately 15,800,000 acres of the land in the 40 counties of eastern Oklahoma were allotted to the members of the Five Civilized Tribes. These allottees reside in every section of this area. To serve both the Indians and the public having dealings with them the field force is divided into 18 districts, with a local representative of the department in charge who, to the extent possible with the limited force permitted by the appropriatisfi and the area to be covered, look after the affairs of the 32,540 restricted Indians, investigating and reporting upon leases, applications for removal of restrictions, .sales of land, assistance in making per capita and equalization payments, delivery of checks, and the general and specific complaints made by Indians and others. The field men advise and assist the allottees in connection with industrial and educational matters, cooperate with the school authorities, and supervise all disbursements for purchases, improvements, etc., made under the direction of the department In general, they handle every possible line of activity in con- nection with the Indians and their affairs in their relationships with the condi- tions in the communities in which they live. With one field clerk and one clerk- interpreter to the district and one supervisor and one appraiser to from three to four districts, it is evident that any appropriation less than $175,000 would be Inadequate to provide a force to handle this work properly. Considering the great volume of probate work which the probate attorneys are required to perform, our field force is indispensable in rendering needed assistance to them. It would be absolutely impossible for the probate attor- neys to do their court work and make the necessary field Investigations and to secure the data upon which to base their presentations to t^e court ; there- fore they must look to our field force for indispensable assistance. Some 65 to 75 per cent of appraisements are made for the use of probate- attorneys and the probate courts. In connection with the general oflice work the disbursing agent will be required to handle approximately $15,000,000 during the year, which will involve some seventeen or eighteen thousand ledger accounts for Individual Indians, remittances and vouchers covering the same, together with the col- lection of rents, interest, and principal on tribal lands. The accounting work is handled entirely in the general office at Muskogee ; the field force being relieved, as far as possible, of clerical detail, so that they may give their atten- tion to investigations and the expeditious handling of applications and cases filed in their offices. There were 609,646 pieces of mail handled by both offices during the fiscal J ear 1914. Under the consolidated office the quantity of mail is running about the same, if not heavier. One of the most important branches of the work of the office is the handling of oil and gas mining leases covering lands of i-estricted allottees. Up to June 30, last, there had been 31,866 leases filed and 1,932 during the fiscal year just closed, together with 834 assignments during that year. The handling of leases requires a great amount of clerical detail, in addition to the collecting, auditing, accounting for and payment of royalties accruing thereunder — several million dollars annually. In addition to the special work mentioned all applications for removal of restrictions, sale of land, inherited land deeds, pipe lines and other rights of way are handled out of the general office and proper record and Indexes thereof kept, to which there is constant reference by the public. All equalization pay- ments to Indians of the restricted class are handled the same as land-sale accounts, and attention is given to the establishment of drainage districts, com- pletion of the town-site work, cooperation in educational and industrial work, and affairs generally of Indians of the restricted class. The superintendent of the Five Civilized Tribes is charged by law with the supervision of practically all the property belonging to 32,540 restricted Indians and also is required to look after the personal welfare and education of these Indians. These Indians and their property are scattered over half the State of Oklahoma, which area comprises more territory than many of the States in the Union. With the wide area to be covered, the scattered population, and INDIAN APPEOPEIATION BILL, 1917. 331 complicated conditious — very greatly different from a reservation where there are only a few thousand Indians in a smaller and more compact area under the entire control of the Government — it is a difBcult problem to handle in any event, more especially so with an inadequate appropriation. Unless ample funds are provided necessarily there will be annoying delays and unsatisfactory administration. The 18 field offices, comprising districts which include approximately 2,000 restricted Indians each, should have, in addition to what we can have under the present appropriation, at least one stenographer clerk and the assistance of more appraisers than now can be provided. In fact there ought to be at least 24 field districts, with the necessary complement of employees, in order effectively and efficiently to administer the individual affairs of our restricted Indians. It is believed that less than $175,000 will be inadequate to render satisfactory ad- ministrative service. Mr. Carter. What was that appropriation prior to the time of the consolidation ? Mr. Meeitt. It was $250,000, if I remember correctly. Mr. Carter. And you ha^e been able to save how much by reason of the consolidation ? Mr. Meritt. The appropriation was $250,000; we have reduced the appropriation $75,000. Mr. Carter. I notice that you have an overdraft of $508.38. ISIr. Meritt. Yes, sir. Mr. Carter. Then, in addition to that amount, don't you also have something for probate attorneys? Mr. Meritt. Yes, sir; we have a new appropriation for probate attorneys, amounting to $85,000. Mr. Carter. Formerly was that work now being down by the probate attorneys paid for out of the appropriation for administra- tive purposes? ■-, ^ Jt4.U J Mr. Meritt. We had district agents, who were paid out ot the ad- ministrative appropriations. Mr. Carter. And field cleric? Mr. Meritt. Both district agents and field clerks. Mr. Carter. Don't you still have them ? Mr. Meritt. We still have field clerks. Mr Carter. If there has really been any saving by reason of the consolidation of those places, I would like to know what it has been, because it was stated to us time and again that there could be a sav- ing made We in good faith tried to have the saving made, and 1 would like to know for mv own information and for the informa- tion of the House if there' has been any real saving of expense be- cause of the consolidation. . j v.- Mr. Meritt'. There has been a saving of expense m the reduction of the number of employees. j „„ j « Mr CARTER. How much has the force been reduced^ ^n t • i, Mr Meritt. I would say it has been reduced probably aO. I wish to submit for the record the following memorandum: The act Of Congress appoved August 1 19J4, pr^^^^^^^^^ of the office of the Commissioner for the Five Oiviuze^^ i. ^^ ,^^_ tendent of the ^^n on Agency mOkU^homa a^^ ^^^^ ^^^p^^^, tendent for the ^l^'^Sfl'J^^^fJl^f'^^^^ This consolidation became effectiv.- ment and eliminate ^11 '^Mecessao cler.^^^^ reorganization it has been found September 1, 191* and under the suWeiit^ fe ^^^ ^^^^^ ^.^^ ^.^p^^^^ ^^\i:'^^Fcef<:f^^o^Ter^Sees'' The saving effected amounts to $75,000 a year in round numbers. 332 INDIAN APPEOPEIATION BILL, 1917. The Chaieman. Have you made any reduction in the expenditure of money as well as in the number of employees? Mr. Meritt. Yes, sir. Mr. Caeter. You are not asking for any increase of this amount over what it was the last time ? Mr. Meeitt. No, sir. Mr. Campbell. Of course, we have all had the idea that long ago all of these appropriations would have been dispensed with. On March 4, 1906, the affairs of these Five Civilized Tribes were to have been entirely wound up. Mr. Meritt. I think it was intended that the tribal affairs should be wound up, but, of course, the administration of the affairs of the full bloods will continue for a great many years yet. There are practically 35,000 full-blood Indians among the Five Civilized Tribes. Mr. Campbell. Are there that many? Mr. Caetee. There are not that many full bloods. You mean re- stricted Indians, which embraces these of one-half or more Indian blood? Mr. Meeitt. Yes, sir ; restricted Indians, but of that number there is a large number of full bloods. Mr. Campbell. What is the number of full-blood Indians in the Five Civilized Tribes — it is 17,000, as I recollect it. Mr. Meeitt. The records of the office show that there are 26,789 full-blood Indians in the Five Civilized Tribes, as follows : Full-blooflK. Chickasaws 1, 515 Choctaws 7, 087 Mississippi Choctaws 1, 357 Cherokees 8, 703 Full-bloods. Creeks 6, 873 Seminoles 1, 254 Total 26, 789 The Chairman. Is it not a fact that one great reason why the affairs of these tribes have not been wound up earlier is that new legislation has been enacted by Congress from time to time changing the laws relative to these tribes and requiring further time to wind up the affairs? It will require further time to comply with the new laws that have been enacted ? Mr. Meeitt. There was additional legislation, but, on the other hand, there was a great amount of work to be done down there, and it was almost impossible to do the amount of work required within the time allowed. The Chaieman. Is it not also a fact that the disposition of the coal, oil, and gas lands was not contemplated at the time we thought that these matters would be closed up in 1906 ? Mr. Meeitt. Yes, sir. Much oil territory has been discovered in Oklahoma since the passage of that legislation, and that necessarily has very greatly increased the amount of administrative work under the jurisdiction of the superintendent of the Five Civilized Tribes. Mr. Caetee. Can you put a statement in the record showing how much of this is used for the Indians in the administration of tribal affairs and how much of it is used in the administration of individual affairs ? Mr. Meritt. A very large percentage of this money is now used in the administration of individual affairs, and I will put in the rec- ord a statement showing approximately the percentage used for indi- INDIAN APPEOPRIATION BILL, 1917. 383 vidual affairs and the percentage used in the administration of tribal affairs. Mr. Carter. Can you give the subcommittee any information as to just what lias been accomplished in the winding up of the tribal affairs and what is necessary yet to be done ? Mr. Meritt. In compliance with your request, I submit the fol- lowing memorandum : The enrollment of members of the Five Chilized Tribes was completed on March 4, 1907, with a total of 101,209 members, to which was added the names of 312 persons by the act of August 1, 1914 (38 Stat. L., 600), making a total enrollment to date of 101,521 members of the Five Civilized Tribes. Allotments of land have been made to all the members of the Five Civilized Tribes except in the Creels Nation, where all allotments of the agreement Indians were equalized on a basis of $800 as the standard value of the allot- ment by paying to each member the amount of money from Creek tribal funds to bring the value of his allotment up to the standard value of $800. The ques- tion of whether the newborn Creeks are equally entitled to have their allotments of land brought to an equal value of $800 is now proposed to be referred to the Court of Claims for adjudication. Restrictions have been removed from approximately 12,500.000 acres by operation of law and by the Secretary of the Interior. All the unallotted lands of the Creek, Cherokee, and Seminole Tribes have been sold, with the exception of " Big Lake," containing 226.01 acres, in Rogers County, Cherokee Natidn, Okla., and the Jasper Adams Island, in the Arkansas River, near Webbers Falls, containing 26 acres, which is claimed by the Chero- kee Tribe, the State of Oklahoma, and the owners of the abutting Cherokee allotments, and the former tentative allotment of land to one Viola Grazier, all of which is undisposed of in the Cherokee Nation. Only one official, W. C. Rogers, principal chief of the Cherokee Tribe, is continued in office, at a nominal salary of $2.5 per month, to complete tribal affairs. All other Cherokee tribal property has been disposed of, including the old capitol building at Tahlequah, Okla., which was sold for $55,000. In the Seminole Nation all the unallotted land has been sold, and only the Emahaka and Mekusukey Academies with the land set aside therefor remain, for which $500,000 of Seminole tribal funds have been set apart for their con- tinuance as tribal schools. The Emahaka Academy is now in litigation, pending an appeal to the Supreme Court of the United States, the two lower Federal courts having awarded the property to one Walter Ferguson by his purchase of a Creek allotment on which the main portion of the buildings projected and stood. The Seminole tribal funds on deposit in the United States Treasury to the amount of $1,548,119.89 can be distributed to the members of the Seminole Tribe. John F. Brown, principal chief of the Seminole Nation, Is continued in office at a salary of $1,000 per annum, and Alexander W. Crane as tribal secretary, at a salary of $1,200 per annum. The unallotted lands of the Creek Tribe have all been sold, except 2,495 acres, 47 town lots in the town of Lee, 121 lots in Muskogee and Tulsa re- covered for the Creek Tribe in townsite litigation, the Creek capitol building at Okmulgee, Okla., valued at $60,000, which it is now proposed to purchase for the United States as a post-offlce site, and suits have been instituted or are in contemplation to recover for the Creek Tribe much valuable oil land erroneously or fraudulently allotted to certain persons not entitled thereto, and suit has also been instituted to recover for the Creek Tribe the beds of the Arkansas and Cimarron Rivers, valued at $20,000,000, which are also claimed by the State of Oklahoma by reason of the State's juiisdictlon over navigable streams, the question in dispute being whether the Arkansas River at that point is navigable or nonnavigable. These oil lands are estimated to be worth ap- proximately $30,000,000. The Creek Tribe is attempting to thwart the efforts of oil companies who are drilling wells on these lands and producing vast quantities of oil. ^, , ^ . , c ■ , The only other unfinished business of the Cherokee, Creek, and Seminole Nations is the collection of the deferred payments due on the sale of unallotted lands, for which extensions have been granted until March, 1916, to pay amounts due. ' 9nS97- -16- 22 334 INDIAN APPROPRIATION BILL, 1917. The unallotted lands of the Choctaw and Chickasaw Tribes have been twice offered for sale, and there remain yet 31,700 acres of the unallotted lands, which will be reoffered for sale on January 3, 1916, together with 184,800 acres of the surface of the segregated coal and asphalt land area belonging to the Choc- taw and Chickasaw Tribes, to be sold at the same time, from January 3 to 31, 1916. The surface of the segregated coal and asphalt land area originally con- tained 431,080 acres has once been offered for sale, and there remain 184,800 acres yet to be sold in January, 1936. There remain unsold in the Choctaw Nation 1,036,545 acres and in the Chick- asaw Nation 3,285 acres, making a total amount unsold in the two nations of- 1,039,830 acres, which include 823,521 acres of timberland In the Choctaw Nation yet to he sold and 184,800 acres of segregated coal and asphalt land surface. The coal and asphalt underlying said surface is reserved for future sale for the benefit of the two tribes named. The question of what disposition should be made of the coal and asphalt land will be submitted at this present session of Congress. There are 2,000 town lots in the Choctaw and Ohicasaw Nations to be dis- posed of, 6 boarding schools with 160 acres of land each, and the Choctaw capitol building at Tuskahoma, with 5 acres of land appertaining thereto. Needless tribal officials have been dispensed with, and only such officials re- tained as deemed necessary to wind up tribal affairs of the Five Civilized Tribes. « There is still due on unallotted land sold to be yet collected, for which ex- tension has been granted until March, 1916, a total sum approximating $7,050,000. It is estimated that the remaining tribal lands to be sold will bring from $4,000,000 to $5,000,000, and, in addition thereto, the coal and asphalt mineral deposits are estimated to be worth at the lowest estimate $12,000,000. Of the 27,494 suits brought originally to clear titles to lands belonging to the restricted Indians of the Five Civilized Tribes 13,484 cases have either been dismissed or disposed of by the Attorney General, leaving 14,010 cases still pending and undetermined. On July 20, 1915, the Attorney General directed the dismissal of 3,012 cases affecting freedmen and 475 cases affecting inter- married citizens of the Five Civilized Tribes, making a further dismissal of 3,487 cases, leaving undisposed of 10,523 cases, and there is under consideration a proposal to dismiss 2,690 additional cases affecting the lands of citizens by blood of the Five Civilized Tribes where the restrictions on alienation since the execution of the illegal deeds have been removed by operation of law. Some of these latter cases (2,690) will undoubtedly be dismissed, but the exact number is yet to be determined. Summarizing, every 40-acre tract contained in the 19,525,266 acres belong- ing to members of the Five Civilized Tribes has been classified and appraised, 15,794,400 acres have been allotted in severalty to individual Indians, 2,549,959 acres of unallotted land have been sold, leaving 1,042,405 acres unsold. From July 1, 1898, to June 30, 1915, the officials of the Interior Department collected and deposited as tribal money an aggregate of approximately $19,500,000, derived from sale of town lots, coal and asphalt royalties, and unallotted and other tribal property. Mr. Carter. I want to ask you this question : How long do you think it will be necessary to continue the appropriation for the ad- ministration of tribal affairs? In other words, what time do you con- template it will take to close up the tribal affairs ; not the individual matters ? Mr. Meritt. The tribal affairs of the Seminole, Creek, and Chero- kee Nations are practically closed at this time. The tribal affairs of the Choctaw and Chickasaw Nations have not been closed, and there is of course, sonie additional work to be done in those nations, and it will also require some additional legislation. Mr. Carter. Is it not a fact that your commissioners stuck on the job for about three years before any one of the Five Civilized Tribes would even consider negotiating a "treaty for a change in conditions and settlement of tribal affairs ; that the Indian Bureau had about despaired of getting any kind of an agreement when the Choctaws INDIAN APPfiOPRIATION BILL, 1917. 335 and Chickasaws broke the ice and were the very first to give this Government what it so earnestly sought and desired from all these tribes ? Mr. Meeitt. Yes, sir; I believe they made an agreement in 1898. Mr. Carter. They were the first to make your much-desired agree- ment and now they are the very last to be settled with at the hands of this Government. Mr. Meritt. Of course, you understand that there has been a vigorous fight made with reference to the Choctaw enrollment, and the disposition of the coal lands has also complicated the final clos- ing of the affairs of those two nations. Mr. Carter. The same vigorous fight was made with reference to the Cherokee enrollment until the Cherokee funds were distributed. Just as long as there were any cherokee funds on hand, didn't they make the same vigorous fight in that nation, just as they did in the Choctaw and Chickasaw Nations ? Mr. Meritt. Yes, sir. Mr. Carter. And even more than they did in the Choctaw and Chickasaw Nations? Mr. Meritt. I should judge that there was, because there were more Cherokees. Mr. Carter. Has not that fight completely subsided since the Cherokee funds were divided? Mr. ISIeritt. There is no fight now against the Cherokees, com- paratively speaking. Mr. Carter. Sijice there is no money on hand to be divided, " none so poor " that he would be a Cherokee, and so it will ever be with the Choctaws, Chickasaws, or any other of Poor Lo's ilk so long as they have loot to loot. Mr. Norton. This fund, of course, is not reimbursable— it is a gratuity ? Mr. Meriit. This $175,000 is a gratuity appropriation. Mr. Norton. Of course, these Indians are pretty well-to-do and could reimburse this appropriation? Mr. Meritt. Some of them are well-to-do, but others are m poor Mr. Carter. As a matter of fact, this part of the fund here is controlled by a treaty provision, is it not ? Mr. Meritt. Not this $175,000. Mr Carter. Was it not provided in the two agreements that cer- tain payments should be made out of tribal funds, and that those were the only payments authorized under the treaties to be made out of tribal funds? . . ,. ,, , j.- i „ 4.i,„j. Mr. Meritt. There is a provision in one of the treaties along that line, but I do not remember the exact language. Mr Carter. Does not the treaty provide that certain things were to be paid out of tribal funds and that others were not to be Paid out of tribal funds? Later on in this bill you have ^^ item of $35 000 or something like that, if I remember correctly, which is to be taken out of tribal funds? Mr! CaTer. Undef the treaty that had to be taken out of tribal funds. 336 INDIAN APPEOPEIATION BILL, 1917. Mr. Meeitt. The superintendent of this agency since the consoli- dation is a Choctaw Indian, Mr. Gabe Parker. Mr. J. Creorge Wright, who has had a large experience in the Indian bervice and who has had charge of the tribal affairs of the Five Tribes, has been transferred to the Osage Agency, and Mr. Kelsey was appointed special agent, but he soon found more remunerative employment elsewhere. Mr. NoETON. Prior to the consolidation, there was appropriated under this item $^50,000? Mr. Meeitt. Yes, sir. Mr. NoETON. Was this $85,000 for attorneys' fees also appropriated in prior years ? . . Mr. Meeitt. I think that appropriation was a new appropriation two years ago. That is new work that is being done there under I'egulations. Mr. NoETON. The total amount appropriated has been increased, then, about $15,000? Mr. Meeitt. I think all of the appropriations for the work of the Five Civilized Tribes show decreases. We have materially decreased the gratuity appropriations for that agency within the last five years. Ml'. NoETON. The two sums in the appropriation here proposed are $175,000 and $85,000, and that would be about $10,000 in excess of $250,000. Mr. Meeitt. Yes, sir. The Chaieman. Mr. Meritt, have you any additional items you de- sire to incorporate in the Indian appropriation bill which we have under consideration* I desire particularly to call you attention to the item of Choctaw and Chickasaw per capita payment, and ask whether you have any further statement to make with reference to that matter; and if so, what? Foi- r;irr.viug tmt the pi-ovisions (if the AtokM agreement adopted by Congress .June il'-;, lS9>i (30 Stat. Ij., p. 495), and the supplemental agreement adopted by Consress .Inly 1, 1902 (32 Stat. L., p. 716) : The Secretary of the Interior is hereby authorized to pay to the enrolled members uf the Choctaw and Oliickasaw Trilies of Indians of (Oklahoma entitled under existing law to share in the funds of said tribes, or to their lawful heirs, out of any moneys Ijelonging to said tribes in the United States Treasury or deposited in any bank or held by any official under the jurisdiction of the Secretary of the Interior, not to exceed .'P200 per capita, in the case of the Choctaws, and .$100 per capita in the ease of the Chickasaws, said payment to be made under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That in cases where such enrolled members, or their heirs, are Indians who by reason of their degree of Indian blood belong to the restricted class, the Secretary of the Interior may, in his discretion, withhold such payments and use the same for the benefit of such restricted Indians: Provided further, That the money paid to the enrolled members as provided herein, shall be exempt from any lien for attorneys' fees or other debt con- tracted prior to the passage of this act. Mr. Meeitt. Mr. Chairman, I am authorized by Commissioner Sells to make the following statement in regard tO' the per capita payment to Choctaws and Chickasaws: The books of the Indian Office show that on December 15, 1915, ^hei'e was in the Treasui'y of the United States to the credit of the INDIAN APPEdPEIATION BILL, 1917. 337 Choctaw Nation, Oklahoma, the sum of $3,360,620.11, and in banks in Oklahoma to the credit of said nation the sum of $4,071,733.13, the total Choctaw tribal fund being $7,432,353.24. The books of the Indian Office further show that on said date there was in the Treasury of the United States to the credit of the Chickasaw Nation, Oklahoma, the sum of $778,471.51, and in banks in Oklahoma, to the credit of said Chickasaw Nation, the sum of $1,143,638.97, the total Chickasaw tribal fund being $1,922,110.48, the aggregate fund of the Choctaw and Chickasaw Nations being $9,354,463.72. The deferred payments on the Choctaw and Chickasaw tribal lands here- tofore sold approximate $6,000,000 and the estimated value of the unsold land and other property of said nations approximates $16,149,491.23. Thus the total funds and other property of the Choctaw and Chickasaw Nations approximates $31,503,954.95. Twenty thousand seven hundred and ninety-nine enrolled citizens of the Chocktaw Nation are entitled to share in any per capita dis- tribution of the funds of said nation, and 6,304 enrolled citizens of the Chickasaw Nation are entitled to share in any per capita dis- tribution of the tribal funds of that nation. For the purpose of further carrying out the Atoka agreement with the Choctaw and Chickasaw Tribes (see act of Congress of June 28, 1898, 30 Stat L., 495, 512-513) and the supplemental agreement with said Indian tribes adopted by the act of Congress of July 1, 1902 (32 Stat. L., 641-654), and in view of the general needy conditions existing in said Indian nations it is recommended that an appro- priation be made, out of the Choctaw tribal funds, for a per capita payment to the enrolled members of the Choctaw Tribe or to the heirs of deceased enrolled members, and out of the Chickasaw tribal funds for a per capita payment to the enrolled members of the Chickasaw Tribe or to the heirs of deceased enrolled members of said tribe, and that it be provided that such payments shall be made under rules and regulations to be prescribed by the Secretary of the Interior, and that in cases where the enrolled members of the Choc- taw and Chickasaw Nations or their heirs are Indians who by reason of their degree of Indian blood belong to the restricted class the Secretary of the Interior may, in his discretion, withhold such payments and use the same for the benefit of such restricted Indians. inasmuch as a $100 per capita payment was made to the enrolled members of the Chickasaw Nation under the act of August 1, 1914, at which time no payment was made to the enrolled members of the Choctaw Nation, it is therefore recommended that the enrolled mem- bers of the Choctaw Nation should be paid $100 per capita more than the amount provided for the enrolled members of the Chickasaw Nation. These payments would be made from the tribal funds belonging to the Choctaw and Chickasaw Nations and would not be a tax on the Federal Treasury. The Chairman. The next item is as follows : For salaries and expenses of such attorneys and other employees as the Sec- retary of the Interior may, in his discretion, deem necessary in probate matters affecting allottees or their heirs in the Five Civilized Tribes and in the several tribes of the Quapaw Agency and for the costs and other necessary expenses Incident to suits instituted or conducted by such attorneys, !|>85,0UU. 338 INDIAN APPBOPEIATION BILL^ 1917. Mr. Mbritt. I offer the following justification in support of this item: Probate attorneys, Five Civilized Tribes, Oklahoma. Fiscal year ending .June 30, 1916, amount appropriated $85,000.00 Fiscal year ended June 30, 1915 : Amount appropriated 85, 000. 00 Amount expended 73, 332. 57 Unexpended balance 11, 667. 43 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 59,276.12 Traveling expenses 8, 116.33 Transportation of supplies 11.60 Heat, light, and power (service) 9.00 Telegraph and telephone service 804. 00 Printing, binding, and advertising 129. 18 Fuel 15.00 Stationery and office supplies 1, 012. 84 Equipment, material, etc 59. 75 Rent 3, 403. 00 Court costs, etc 495.75 Total 73, 332. 57 The probate service as novi^ organized covers the 40 counties of eastern Okla- homa embraced in the territory originally constituting the domain of the Five Civilized Tribes, and contemplates a working force of 21 probate attorneys. Each attorney has a district consisting of one to four counties, and it is his duty to advise and counsel minors and other dependent Indians of his district and to represent them in all probate proceedings in the courts thereof. As every enrolled minor is an allottee in his own right and as many of them are interested as heirs in the allotments of deceased relatives the volume of probate business pending in the county courts is very great, particularly in the oil regions, where immense fortunes are at stake. The probate work is now well organized and has proven one of the most beneficial branches of the Indian service. As the years pass and deaths in- crease the Indian Office is called upon more and more to make disbursements to the heirs of deceased allottees, and without the assistance of the probate attorneys the work of determining such heirs would proceed very slowly and with much uncertainty. It is the duty of the attorneys to supervise investments as well as to assist in determining the identity of beneficiaries. This work, together with their ap- pearances in court and their office and field business, compel the attorneys to give their whole time to the service. The results, however, have well repaid the expense and effort incident to the work. The county judges, with the funds avaihible for their use. are not adequately equipped to make necessary investi- gations in all cases and they have welcomed in most instances the assistance of the probate attorneys, and the advice of the latter generally prevails. Many thousands of dollars have been saved through their efforts for minors and others, and in many cases the presence of the probate attorneys has doubtless of Itself deterred wrongdoers from attempting acts of rapacity. The probate attorneys have also instituted numerous suits to recover money and to clear titles for Indians, and have frequently assisted in criminal pro- ceedings against embezzling guardians and others. The appended table sliows in a summarized form the scope of the probate work and the accomplishments of the probate attornevs for the six months ended .Tune 30, 1915. The work is noM- better organized tlian at any time since its inception and It may be confidently predicted that, with the aid of the appropriation re- quested, the beneficial results will be even greater than those obtained last year. INDIAN APPEOPEIATION BILL, 1917. 339 The Chairman. Do you wish to add anything else ? Mr. Meri'i-t. Except to say that the probate attorneys, as a general rule, are doing splendid work in protecting the estates of minor Indians m the Five Civilized Tribes. The Chairjian. Do you have any complaints as to any want of capacity or ability to wind up these affairs within a reasonable time? Mr. Meritt. No, sir; as a general rule they are rendering satis- factory service. There are always complaints "in the Indian Service. No one is free from being criticized, but, as a general rule, the pro- bate attorneys are doing satisfactory work. Mr. Norton. How many attorneys are there employed? Mr. Meritt. There are 18, I believe. Mr. Norton. Is there any reimbursement to the Government for the work of these attorneys? Mr. Meritt. No, sir; this is a gratuity appropriation. Mr. Carter. Can you give us any statement of the work that has been done by these attorneys ? Mr. Meritt. Yes, sir; I will put a statement of that in the record. Mr. Carter. I would like to see a statement of the cases they have tried, the disposition made of them, and of the cases now on hand. ]\Ir. Meritt. The following statement is submitted : Swnmorii of prohiifc work, Fire Ciriliied TriJirx, OlinJio)iin, ■Jdrninni 1 to Juli) /, 1915. Cases pending January 1, 1915 53,433 Cases pending .July 1, 1915 52,045 Regular cases in whicli attornej's appeared 10, 426 Civil actions instituted 213 Amounts involved in such civil action-^ .fl,525, ,S77 Civil actions finally determined 116 Criminal actions instituted 37 Criminal actions finally determined 69 New bonds filed 713 Amount covered by new bonds .f687, 500 Guardians removed or discharged 602 Conservation of funds : (a) Bank deposits $330,4.54 (b) Investments $644, 740 Amounts saved to minors and others .$462, 100 Inherited land sales 415 Minor allotment sales , 151 Citations issued 1, 680 Quit-claim deeds obtained 43 Official letters and reports 28,105 Conferences with allottees and other (approximate) 22,935 Mr. Carter. Is it not a fact that you had $50,000 for probate at- torneys in the first appropriation ? Mr. Meritt. No, sir ; the first appropriation for probate attorneys was two years ago and was for $85,000. However, there was a specific appropriation of $90,000 for special agents, previously car- ried in the Indian bill and which has been dropped from the bill since the appropriation for tribal attorneys. The Chairman. The next item is as follows : For the support, continuance, and maintenance of tlie Cherokee Orphan Training School, near Tahlequah, Oklahoma, for the orphan Indian children of the Five £!ivilized Tribes belonging to the restricted class, to be conducted as an industrial school under the direction of the Secretary of the Interior, $40,000. 340 INDIAN APPEOPKIATION BILi:., 1917. Mr. Mekitt. I offer the following justification for this item: Cherokvc Orphan TniiniiKj School. Fire Cirili.z< d Tribfi, Okhihoina. Fiscal year ending .Juue 30, 191(i, amount appropriated $35 , OOP. 00 Fiscal year ended .Tune 30, 1915 : Amount appropriated 35, 000. 00 Amount expended 17, 611. 63 Unexpended balance ^ ^ ^T, 388. .37 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 8,185.74 Traveling" expenses 7. 92 Transportation of supplies 2.42 Telegraph and teleplione service 34.93 Subsistence sunnlies 4,417.19 Dry goods, clothing, etc 4, 417. 19 Forage 877.85 Fuel 4.59.35 Stationery and office supplies 1. 56 Kducational supplies 271. 28 ]\Iedical supplies ' 158. 73 Equipment, material, etc 1,591.57 Miscellaneous 70. 10 Total 17.611.63 Cherokee Orphan Trainhifi fichooU Fire Civilized Tribes, Oklahoma, repairs and improvements. Fiscal year ending June 30, 1916, amount appropriated^ $7, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 15, 000. 00 Amount expended : 9, 440. 49 Unexpended balance '5, 559. 51 ANALYSIS OF EXPENDITURES. Printing, binding, and adverti-siug 109.95 Construction 4, 887. 33 Repairs (to plant) 3,943.21 Land . 500.00 Total 9, 440. 49 Statistical statement for iicar ending June 30, 1915. Value of school plant — real property $22,651 Number of buildings 14 Number of employees 12 Total salaries $8, 140 Average attendance of pupils 67. 2 Enrollment 95 Capacity 60 Cost per capita based on enrollment \$190. 38 Cost per capita based on average attendance ^,$269.14 1 This is not a final balance, as there may be outstanding obligations yet to be charged against the appropriation. ^ This Includes $8.92 used in the transportation of pupils, and $465.91 In the trans- portation of goods and supplies. There was also expended iii322.97, " Mlsoellftneous re- ceipts, Class IV." INDIAN APPROPRIATION BILL, 191" 341 Area of school land (acres) 60 Area of school land (acres cultivated) 18 Value of products of school $2,592 Superintendent's estimate of needs for 1917 : Support $21, 790 Repairs and improvements 2,000 New buildings 5,200 Total 28,990 Chei'okee Orphan Training School : Amount requested : for support, continuance, and maintenance of the Cherokee Orphan Training School, Including repairs and improvements 40, 000 [Capacity, 60; enrollment, 95; average, 67.2.] Position. Months. Monthly salary. Aimual cost. $1,225 Clerk 12 12 9 9 12 12 12 12 12 9 12 $60 40 80 65 75 50 40 40 SO 70 60 720 480 720 585 900 600 480 480 Cook 600 630 720 Tq^j 8,140 The present capacity of tlie Cherokee orphan school is 60 pupils. However, a new dormitory is being tjonstructed, with a view to providing accommodations for from 50 to 60 additional pupils. This is the only Government school main- tained for children of the Cherokee Nation. It was purchased pursuant to the act of June 30, 1913 (88 Stat. L., 77, 95), for the benefit of orphan children of the Five Civilized Tribes. The advisability of increasing its capacity is there- fore apparent, and the superintendent estimates that $2,000 will be required for necessary repairs. Employees with families are now compelled to oicupy one room. An aildi- tional cottage is needed to relieve this condition ; the estimated cost thereof is $1 550 To provide space for toilet, wash room, fuel, storage, etc., in the school building and also quarters for contemplated kindergarten work It is Planned to construct a basement under the school building at an estimated cost of $1,650. A separate dairy barn and milk house are required. It is estimated that this will cost $2,000, Including some equipment. The cows are now stabled and milking done in one side of the horse barn, and this arrangement is neither convenient nor sanitary. . „(.i,„„ It is invariably the case that increased dormitory tacdities call toi other expenditures for construction. All phases of the school work "^^t be increased to correspond with the increase of enrollment, as well as quarters for additional employees and greater laundry capacity, etc. There will also be a need for new furniture and equipment for the dormitory as well as to P/ovj^de foi the adde^ demands upon the various industrial departments. Not less than f.12-000 sho„id be made available for repairs and construction from the appropriation of $40,000 in the case of this school. . ^ ,^ ^, *.- , ,i „^.„. laif^ h,it hpcnnse Fifty thousand dollars was appropriated for the fascal year 1915, but, jiecause of the wordrng of the bill requiring the use of $35,000 of this amount for sup- port on7v the building operations necessary to provide the increased capacity were delayed for ack of funds, and a large sum lapsed which w^is really needed rndwhTch would have been used if the amount required for building could have been so used Thus sufficient capacity has not yet been obtained which wou d occasion the use of the amount provided for support ^y the 1915 act The word- ing of the present item is intended to avoid the same difficulty in 1917. 342 INDIAN APPEOPEIATION BILL, 1917. Mr. Campbell. That is a reduction of $10,000? Mr. Meritt. Yes, sir. Mr. Casipbell. How have you been maintaining that school? Mr. Meeitt. Up to two years ago it was maintained as a Cherokee tribal school. Mr. Campbell. I mean this year, without the appropriation. Have you just been continuing under the old appropriation? Mr. Meeitt. Yes, sir; under a ruling of the Comptroller of the Treasury the old appropriations were continued, except in cases where they were specified for the construction of buildings and appropria- tions of that character. STATEMENT OF HON. WILLIAM W. HASTINGS, A REPEESENT- ATIVE IN CONGRESS FROM THE STATE OF OKLAHOMA. Mr. Hastings. At the end of the first paragraph on page 72 I want to suggest the following : Provided, That the unexpended ))alance of $7,500, appropriated by the act of August first, nineteen hundred and fourteen, is herebj' reappropriated for the purchase of additional land, not to exceed sixty acres. This in an amendment of the provision for the support, continu- ance, and maintenance of the Cherokee Orphan Training School. The appropriation bill, approved August 1, 1914, contained a pro- vision appropriating $8,000 for the purchase of additional lands not to exceed 80 acres; the provision in advance of it was for $15,000 for repairs and improvements; the $15,000 was used for repairs and improvements, and it was held by the comptroller that the $8,000 should be taken out of the $15,000 and not taken out of the $35,000. Mr. Carter. That would be right, under the language of this provision. Mr. Hastings. Well, this amendment was placed in the bill on the Senate side. It was inserted at the end of the provision and, per- haps, ought to have been inserted after the $35,000, hence it was not used. However, $500 of it was used for purchasing 20 acres of land. Mr. Carter. Will you state why that could not be used ? Mr. Hastings. I stated a moment ago that it was considered that the $8,000 was to be taken out of the $15,000, but the $15,000 had been used, and it was the understanding that the $8,000 should come out of the $35,000. Mr. Caetee. Was it not taken out of the $15,000? Mr. Hastings. No; because the $15,000 was used for repairs and improvements ; it was not used for the purchase of land. Mr. Caetee. What you want to do now is not to appropriate any money that has not already been appropriated but to reappropriate $8,000 which they were unable to use. Mr. Hastings. It is to reappropriate the unexpended balance of $7,500 for the purchase of 60 acres of land, because we have already purchased the 20 acres. And I might add that one reason why the land was not purchased was that we had to wait awhile in order to remove a restriction on an Indian's land; that restriction has now been removed and he is in a position to take title to the land. But INDIAIf APPROPRIATION BILL, lOll. 343 when he got in that position we did not have the money with which to pay him tor the land. Mr. Carter. Mr. Meritt, what have you to say about this? Mr Meritt. Mr. Hastmgs has made a correct statement of the situation. We could not use the $8,000 specifically appropriated tor the purchase of land because we had to expend the $15,000 for repairs and improvements; the comptroller held to that effect I'tll ZfJ""^ unexpended balance, out of this total appropriation ° Tu- 'iv maintenance of the institution, of $17,388.37. Mr. Carter. So that if the proviso had been added to the amount ^'^A^^ Ti support the money could have been spent ? Mr. Meritt. There would have been adequate funds to buy the land and support the institution. Mr. Carter. Was it the intention of the man who proposed this amendment to take the money out of the $35,000 ? Mr. Hastings. Unquestionably; and the amendment was prepared with that end m view ; and I might say that the Indian Office shared that opinion with us until it was sent over to the comptroller for opmion. Mr. Meritt. The proviso was simply unfortunately placed; if it had been placed after the $35,000 appropriation for this institution there would have been no question about the availability of the funds. Mr. Carter. And you need the land ? Mr. Meritt. We need the land for that school. The Chairman. The next item is as follows : The sum of .s;275,000, to be expended in the discretion of tlie Secretary of the Interior, under rules and regulations to be prescribed by him, In aid of the common schools in the Cherokee, Oreelc, Choctaw, Chickasaw, Seminole, and Osage Nations and the Quapaw Agency in Oklahoma, during the fiscal vear end- ing June thirtieth, nineteen hundred and seventeen : Provided, That this appro- priation shall not be subject to the limitation in section one of this act limiting the expenditure of money to educate children of less than one-fourth Indian blood. Mr. Meritt. I offer the following justification for this item : Indian schools, Five Civilized Tribes. « Fiscal year ending June 30, 1916, amount appropriated $275, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 275, 000. 00 Amount expended 270, 261. 45 Unexpended balance '4, 738. 55 ANALYSIS OF EXPENDITUEES. Salaries, wages, etc 7, 128. 50 Traveling expenses 415. 13 Telegraph and telephone service 140.23 Printing, binding, and advertising 73.00 Stationery and office supplies— 28. 02 Aid of common schools 262, 473. 19 Miscellaneous 3. 38 Total 270, 261. 45 1 This is not a final balance, as there may be outstanding obligations yet to be charged against the appropriation. 344 INDIAN APPROPRIATION BILL, 1917. Salaries of those employed to disburse this [Indian schools, Five Civilized Tribes, 1916.] No. Position. Rate of pay.i Aimual cost. Clerii: $1,600 1,800 1,200 1,020 1,200 960 $1,600 1,800 1,200 1,020 1 200 Day school superintendent Clerk Clerk do 960 Total . . 7,780 ' Also actual travel and subsistence while on duty in the iield. The purpose of this appropriation ha.s been to render assistance to the dis- trict public schools in eastern Oklahoma v'hich have been deprived of school revenue by reason of the decision of the Supreme Court declaring nontaxable Indian allotments within the school districts. Many of the districts contain a large amount of such nontaxable Indian land, oftentimes more than 50 per cent of the total area of the district. These districts have been financially unable to maintain district schools. The prop()sey joint resolution of March J/, 1915, m aid of the common^ schools in Oklahoma. 1. The following regulations are hereby issued covering the distribution of moneys appropriated by the provision of the Indian appropriation act approved August 1, 1914 (38 Stats., 582, 599), which reads: " The sum of $275,000, to be expended in the discretion of the Secretary of the Interior, under rules and regulations to be prescribed by him, in aid of the common schools in the Cherokee, Creek, Choctaw, Chickasaw, Seminole, and Osage Nations, and the Quapaw Agency in Oklahoma, during the fiscal year ending June thirtieth, nineteen hundred and fifteen : Provided, That this appro- priation shall not be subject to the limitation in section one of this act limiting the expenditure of money to educate children of less than one-fourth Indian blood." and which moneys are continued and made available for the fiscal year 1916 by joint resolution of March 4, 1915, which reads in part : " Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That all appropriations for the current and contingent expenses of the Bureau of Indian Affairs and for fulfilling treaty stipulations with various Indian tribes which shall remain unprovided for on June thirtieth, nineteen hundred and fifteen, are continued and made available foi- and during the fiscal year nineteen hundred and sixteen to the same extent, In detail, and under the same conditions, restrictions, and limitations for the fiscal year nineteen hundred and .sixteen as the same were provided for on account of the fiscal year nineteen hundred and fifteen in the Indian appropria- tion act for that fiscal year. For all of such purposes a suificient sum is appro- priated out of any money in the Treasury not otherwise appropriated or out of funds to the credit of Indians as the same were respectively provided in the Indian appropriation act for the fiscal year nineteen hundred and fifteen : " 2. Deduction shall first be made from the entire amount appropriated of an estimated amount of $10,000 to cover necessary expenses of administration. The balance, $265,000, shall be distributed as follows : 3. In all public-school districts tuition shall be paid at the rate of 10 cents per day per pupil for the actual attendance of all Indian pupils of school age : Provided, That districts in which incorporated towns are located shall receive tuition only for the attendance of Indian children living within the district but without the corporate limits. Payments will be based upon reports from teachers certified l\v the clerk of the district. Such payments will be made December 31 and April 30, or as near said dates as may be practicable. 4. In all districts other than incorporated towns or cities, where a tax of 5 or more mills has been levied, sums (in addition to the tuition, if any, that may be paid to such districts) shall be paid, based upon the total monthly salaries of teachers and sufficient to enable such schools to maintain an eight- months term of school. Such assistance may also be given to rural schools in districts which include an ineoi-porated town or city where such schools are not within the corporate limits. 5. Separate or minority schools shall be assisted for a term equal to the term of assistance given majority schools in the same district, payments being based on the salaries paid the teachers in such minority schools. Tuition will not be paid. 6. Any balance of the appropriation remaining after distribution has been made or provided for in accordance with the foregoing paragraphs shall be distributed to districts other than incorporated towns or cities on a per capita basis in accordance with the State enumeration of all pupils of school age. 7. Payments shall be made to the treasurer of the county in which the dis- tricts are located, in accordance with State law, and vouchers. Form 5-335a, shall show the aggregate amount due the county on the different bases of pay- ment, shall be certified by the county superintendent of schools, signed by the county treasurer as claimant, and approved by the supervisor in charge of the schools of the Five Civilized Tribes. Vouchers must be supported by schedules showing the amounts due the several districts, said amounts to be credited to the districts under the direction of the county superintendent. INDIAN APPEOPBIATION BILL, 1911. 347 8. No aid shall be extended to any district in wliicli Indian 'cliildren are enrolled if the State compulsory law is not enforced alilce as to whites and Indians, or where Indian children are not accorded the same privileges, oppor- tunities, and attention as the white children enrolled, where the right of inspec- tion at any time by officers of the Indian Service is denied or where district officers fail to render promptly any reports required by the Commissioner of Indian AfEairs or his representative, such as reports of the enumeration or attendance of Indian pupils. 9. Prior to any payments the supervisor in charge of the schools of the Five Civilized Tribes shall prepare a schedule showing all school districts to be assisted and also what payments it is proposed to malie to each, in accordance with paragraphs 3, 4, and 5, hereof, and shall submit said schedule to the Com- missioner of Indian Affairs for examination or consideration. Cato Sells, Com)iiissioner. October 19, 191.5. Approved : < Bo Sweeney, Assistant Secretary. Mr. Carter. I have an amendment that I wish to present. I want to present it now because I want to get the ^dews of the department on it. The amendment is as follows : That the Secretary of the Interior is hereby authorized to pay the cost of maintenance during the 'current fiscal year of the tribal and other schools and to continue during the ensuing fiscal year the tribal and other schools among tlie Choctaw, Chickasaw, Creels, and Seminole Tribes from the tribal funds of those nations, within his discretion and under such rules and regulations as he may prescribe. It is for the continuation of the tribal schools as they were con- tinued until the comptroller made the decision that they could not be operated under, the last year's appropriation. Mr. ISIeeitt. We can continue the tribal schools under the decision of the comptroller, but we are without authority to continue the mission schools that were previously provided for out of the tribal funds. Mr. Carter. And also the State schools that the Indian children attend? Mr. Meritt. Yes, sir. Mr. Carter. For instance, at the Murray State School and the Durant Normal School there are quite a number of Indian pupils in attendance, and the tuition, as I understand it, can not be paid for them under the comptroller's decision, unless some such amendment as this is made. Those schools were provided for in the act of April 26, 1906, but we afterwards passed a provision in the Indian bill which prevented the expenditure of funds by the Interior Depart- ment for any purpose except where specifically provided. Origi- nally we put in the language, " except schools," and then followed that by the provision, " for which provision is hereby made." It ran that way for a year or two, but the department, or somebody in the ■iepartment, said that he did not think it necessary for us to do that, and the provision was dropped. The schools ran for one year that way, but in the second year the comptroller refused to pay. Mr. Meritt. That amendment can be added as a proviso to the next item. The Chairman. The next item is as follows : That the Secretary of the Interior hi-, and he is hereby, authorized to use not exceeding $3.5,000 of the proceeds ot sales of unallotted lands and other tribal property belonging to any of the Five Civilized Tribes tor payment of salaries of employees and other expenses of ad\ertismg and sale in connection 348 IJTDIAN APPEOPEIATION BILL, 1917. with the further sales of such tribal lanrls and property, including the adver- tising and sale of the land within the segregated coal and asphalt area ot the Choctaw and Chicliasaw Nations, or of the surface thereof as provided for in the Act of Congress approved February nineteenth, nineteen hundred and twelve (Thirty-seventh United States Statutes at Large, page sixty- seven), and of the improvements thereon, which is hereby expressly authorized and for other work necessary to a final settlement of the affairs of the Five Civilized Tribes: Provided, That not to exceed $10,000 of such amount may be used in connection with the collection of rents of unallotted lands and tribal buildings: Provided further, That during the fiscal year ending June thirtieth, nineteen hundred and seventeen, no moneys shall be expended from tribal funds belonging to the Five Civilized Tribes without specific appropria- tion by Congress, except as follows: Equalization of allotments, per capita and other payments authorized by law to individual members of the respective tribes, tribal and other Indian schools for the current fiscal year under exist- ing law, salaries and contingent expenses of governors, chiefs, assistant chiefs, secretaries, interpreters, and mining trustees of the tribes for the current fiscal year at salaries not exceeding those for the last fiscal year, and attor- neys for said tribes employed under contract approved by the President, under existing law, for the current fiscal year: Provided further. That the Secretary of the Interior is hereby authorized to continue and maintain schools during the ensuing fiscal year among the Choctaw, Chickasaw, Creek, and Seminole Tribes, payable from the tribal funds uf these nations, pursuant to the Act of April twenty-sixth, nineteen hundred and six (Thirty-fourth Statutes at Large, pages one hundred and thirty-seven and one hundred and forty) : And provided further. That the Secretary of the Interior is hereby empowered to expend funds of the Chickasaw, Choctaw, Creek, and Seminole Nations available for school purposes under existing law for such repairs, improvements, or new buildings as he may deem essential for the proper conduct of the several schools of said tribes. Have you any jnstification for the part just read? Mr. Meeitt. I offer the following justification for that item: There are about 1,042,000 acres of land undisposed of in the Clioctaw and Chickasaw Nations, classified as follows : 823,000 acres of tlmberland ; 184,000 acres of the surface of the segregated coal and asphalt lands ; 35,000 acres of unallotted land ; the total area being divided into approximately 12,000 tracts. Under a general extension granted by the department September 23, 1914, a vast number of payments will fall due in November and December, 1915, and January and February, 1916, which will necessitate much clerical work, as there are about 20,000 tracts of unallotted and timberlands, heretofore sold, on whicli only partial payments have been made. This character of work, also that of preparing for the sales, selling of the land, preparation of certifi- cates of purchase, recording and delivery of deeds, requires accuracy and all possible care to avoid future complications. A small amount of unallotted land remains undisposed of in the Creek, Cherokee, and Seminole Nations : 2,495 acres in the Creek Nation, two or three tracts in the Cherokee Nation, and one tract in the Seminole Nation. It is difficult to sufficiently emphasize in writing the tremendous amount of work necessary in connection with unallotted land sales, collection of deferred payments, interest thereon, preparation of certificates of purchase, issuance of deeds, etc., and, as the unsold lands must be reoffered until they are finally disposed of, it is most urgently recommended that an appropriation of $35,000 for this purpose be allowed, with iiot to exceed $10,000 of such amount to be used in connection with the Collection of rents, as provided therein. Mr. Meeitt. We have a proviso here which was left out in the printing of this bill which reads as follows : Provided further. That the Secretary of the Interior is hereby authorized to continue and maintain schools during the ensuing fiscal year among the Choctaw, Chickasaw, Creeks, and Seminole Tribes, payable from the tribal funds of these nations, pursuant to the act of April twenty-sixth, nineteen hundred and six ( Thirty -fourth Statutes at Large, pages one hundred and thirty-seven to one hundred and forty) : And provided further, That the. Secretary of the Interior is hereby empowered to expend funds of the Chicka- IISTDIAN APPKOPEIATION BILL, IQl'i. 349 PxKtin^°w''; ^''^""h '"''' Seminole Nations available for school purposes under existing law for such repairs, improvements, or new buildings as he mav deem essential^ for the proper conduct of the several schools of said tribe" If this amendement is to go in it would appear to enlarge the first proviso, but we would like to have the second proviso so as to use tunds tor maintaining the tribal schools. Mr. Campbell. Does your proviso cover the amendment offered or suggested by Mr. Carter? T "^i^'^" ^^™^V" ^'^' ^^^' ^'"^ proviso would only cover the tribal Indian schools now being conducted, which the comptroller has held we can continue up to next July. Mr. Campbell. Then that should be made a part of your first proviso. Mr. Meeitt. It might well be made a part of that; yes, sir; and then we would want the second proviso so as to use tribal funds for keeping in repair the tribal buildings. Mr. Carter. How many children are there of school age in the Five Civilized Tribes? Mr. Meeitt. Between 20,000 and 30,000, probably 25,000. Mr. Carter. During the year 1915 how many Indian children of the Five Civilized Tribes were provided for by the Government? Mr. Meeitt. In public schools and tribal schools ? Mr. Cart-ee. I mean how many did the Government itself provide for with everything, including this appropriation of $275,000. The Secretary shows that in his annual report, I think. Mr. Meeitt. We have figures here showing that there are eligible for attendance in the Five Civilized Tribes about 25,000 Indian children. Mr. Caetee. How many of those are in the public schools ? Mr. Meritt. There are"l7,998. Mr. Carter. How many in other schools not paid for by the Gov- ernment ? Mr. Meeitt. In mission and private schools 547, according to this table in the commissioner's annual report. Mr. Caetee. The report of the Secretary of the Interior shows that the Government provided for the education of less than 3,000 Indian children of the Five Civilized Tribes and there are about 25,000 of school age, if my recollection is correct. Mr. Meeitt. There were about 1,400 Indian children provided for in the mission schools by the Government. Mr. Caetee. All told? Mr. Meeitt. Yes, sir ; according to the figures I have here. The Chairman. Mr. Meritt, suppose you consider these two pro- visos and furnish us with a redraft of the items so that they will harmonize with the intent of both amendments. Mr. Meritt. In compliance with your request the following draft is submitted : That the Secretary of the Interior be, sind he is hereby authorized to use not exceeding $35,000 of the proceeds of sales of unalloted lands and other tribal property belonging to any of the Five Civilized Tribes for payment of salaries of employees and other expenses of advertising and sale in connectlcm with tlie further sales of such tribal lands and property, including the advertising and sale of the land within the segregated coal and asphalt area of the Choctaw and Chickasaw Nations, or of the surface thereof as provided for in the act of Con- 20527—16 ^23 350 INDIAN APPBOPRIATION BILL, 1917. gress approved February nineteenth, nineteen hundred and twelve (Thirty-sev- ejith United States Statutes at Large, page sixty-seven), and of the improvements tliereon ; which is hereby expressly authorized and for other worli necessary to a final settlement of the affairs of the Five Civilized Tribes : Provided, that not to exceed $10,000 of such amount may be used in connection with the col- lection of rents of unalloted lands and tribal buildings : Provided further, That (luring the fiscal year ending June thirtieth, nineteen hundred and seventeen, no moneys shall be expended from tribal funds belonging to the Five Civilized Tribes without specific appropriation by Congress, except as follows : Equaliza^ tion of allotments, per capita and other payments authorized by law to indi- A'idual members of the respective tribes, tribal and other Indian schools for the current fiscal year under existing law, salaries and contingent expenses of governors, chiefs, assistant chiefs, secretaries, interpreters, and mining trustees of the tribes for the current fiscal year at salaries not exceeding those for the ]ast fiscal year, and attorneys for said tribes employed under contract approved by the President under existing law, for the current fiscal year : Provided fur- ther. That the Secretary of the Interior is hereby authorized to pay the cost of maintenance during the current fiscal year of the tribal and other schools and to continue during the ensuing fiscal year the tribal and other schools among Uie Choctaw, Chickasaw, Creek, and Seminole tribes from the tribal funds of tliose nations, within his discretion and under such rules and regulations as he may prescribe : And Provided further, That the Secretary of the Interior is hereby empowered to expend funds of the Chickasaw, Choctaw, Creek, and Seminole Nations, available for school purposes under existing law, for such I epairs, improvements, or new buildings as he may deem essential for the proper conduct of the several schools of said tribes. The Chairman. The next item is as follows : For fulfilling treaties with Choctaws, Oklahoma : For permanent annuity (article two, treaty of Noveinber sixteenth, eighteen hundred and five, and article thirteen, treaty of .June twenty -second, eighteen hundred and fifty-five), ?;3,000; for permanent annuity for support of light-horsemen (article thirteen, treaty of; October eighteenth, eighteen hundred and twenty, and article thir- teen, treaty of June twenty -second, eighteen hundred and fifty-five), $600; for I^ermanent annuity for support Of blacksmith (article six, treaty of October eighteenth, , eighteen hundred and twenty, and article nine, treaty of January twentieth, eighteen hundred and twenty-five, and article thirteen, treaty of June twenty-second, eighteen hundred and fifty-five), $600; for permanent an- nuity for education (article two, treaty of January twentieth, eighteen hundred and twenty-five, and article thirteen, treaty of June twenty-second, eighteen hundred and fifty-five), $0,000; for permanent annuity for iron and steel (arti- cle nine, treaty of January twentieth, eighteen hundred and twenty-five, and article thirteen, treaty of June twenty-second, eighteen hundred and fifty-five), $320; in all, $10,520. What justification have you for this item? Mr. Meritt. These are treaty items, and I offer the following jus- tification : Fulfilling treaties with Choctaws, Oklahoma. Fiscal year ending June 30, 1916, amount appropriated $10 520 00 Fiscal year ended June 30, 1915 : ' Unexpended balance from previous years 21 040 00 Amount appropriated lo' 520] 00 Unexpended balance 3^ 500. 00 Fulfilling treaties loith Choctaws, Oklahoma. ^■u'^^l appropriation is for the total amount of perpetual annuities allowed the Choctaw Tribe in annual appropriations heretofore made. The Chairman. The next item is as follows: For maintenance of the sanatorium for the Choctaw and Chickasaw Indians for mcidental and all other expenses for its proper conduct and management! INDIAN APPEOPEIATION BILL, 1917. 351 including pay of employees, repairs, improvements, and for necessary expense of transporting Indians suffering with tuberculosis and trachoma to and from said sanatorium, $20,000. What justification do you oflfer for this item ? Mr. ]\Ieeitt. We offer the following justification, Mr. Chairman: A hospital is now being constructed in the vicinity of Talihina, OlJla., for the benefit of the Choctaw and Chickasaw Indians, which it is believed will be com- pleted some time during the present fiscal year. The building has a capacity of 65, and it is expected to do general surgery, as well as tuberculosis and tra- choma work. For the maintenance of the institution, for incidental and all other expenses for its proper conduct and management, including pay of employees, repairs. Improvements, and necessary expenses of transportation of sick Indians, $20,000 is asked, which is believed to be a very conservative estimate. In this connec- tion it should be considered tliat this institution, being a new one, is without the balance of supplies remaining from last year, and the initial expenditure must be proportionately greater. The institution is not stationed at an agency or a school, and therefore all the facilities must be supplied, the cost of which must be paid from the appropriation. There has been a long-felt want in Oklahoma in the matter of hospital accom- "lodations, and it is expected that the hospital herein referred to will be of great assistance in supplying that need. I might state, Mr. Carter, that we made the change in the plans in the construction of that hospital in compliance with your sug- gestion, and it has necessitated a small increase in the cost. ]\Ir. Cartee. I thought that would perhaps make the cost lesb. What I suggested was that sleeping porches be used instead of rooms. Mr. Meeitt. And there was also a change made in connection with the lighting system. We will submit an item to the Appropriations Committee to cover that cost. Mr. Carter. Did you make any provision about building little individual houses for the patients? Mr. Meritt. We built sleeping porches and probably there were small individual houses built, but it will be necessary to get this small additional increase in the cost of the hospital through the Appropriations Committee, and I thought I would call your atten- tion to it at this time. Mr. Carter. This item does not provide for any construction work, does it ? This only provides for maintenance ? Mr. Meeitt. This is for maintenance. We would like to have the word "equipment" after the word "repairs," and also after the words "twenty thousand dollars" the words "to be immediately available," because this hospital is now almost completed, and it will be completed before the beginning of the fiscal year and we would like to open it as earlv in the year as practicable. Mr. Carter. Whatever extra expense is necessary in the building of that sanatorium ought to be taken out of tribal funds and not out of the Treasury. The understanding, as reported to me, was that the sanatorium should be built from tribal funds and maintained by the Government. The Chairman. It was built at the request of the tribe. Mr. Meeritt. Yes, sir; and the request for legislation to go into the urgent deficiency bill will make it payable out of tribal funds. Mr. Carter. And the cost oi maintenance will be paid out of Federal funds? Mr. Meeitt. Yes, sir. 352 INDIAN APPBOPKIATION BILL, 19M. The Chairman. Is this one of the 12 new hospitals we provided for? Mr. Meritt. This is not included in the 12. This is a special hos- pital for the Choctaws and Chickasaws. Mr. Norton. Has this sanatorium been built? Mr. Meriti', It is in course of completion and will be completed early this spring. The Chairman. What language do you suggest there ? Mr. Meritt. After the word "repairs" we would like to haA^e added the word "equipment," and after " $20,000 " we would like to ha^'e the words " to be immediately available." Mr. Carter. Do you not think the cost of the equipment ought to come out of the tribal funds? Mr. Meritt. There will only be a few additional things necessary to equip the hospital. It will be practically equipped when com- pleted. The Chairman. The next item is as follows : For Salaries and expenses oi' six oil and gas inspectors and necessary office and field assistants, to supervise oil and gas mining operations on allotted and tribal lands in the State of Oklahoma from which restrictions have not been removed, and to conduct investigations with a view to the prevention of waste, $25,000. What justification have you to offer for this item ? Mr. Meritt. Mr. Chairman, we offer the following justification : Oil and gas inspeotot-s, Five Civittaed Tribes, Oklahoma. Fiscal year ending June 30, 1916, amount appropriated $25, 000. 00 Fiscal year ended .Tune 30, 1915 : Amount appropriated 25, 000. 00 Amount expended 11, 826. 03 Unexpended balance 13, 173. 97 ANALYSIS OF EXPENDITUEES. Salaries, wages, etc 7, 836. 41 Traveling expenses 2, 563. 31 Telegraph and telephone service 42. 89 Printing, binding, and advertising 210. 11 Stationary and office supplies 593. 62 Equipment, material, etc 407. 19 Rent 172.50 Total 11, 826. 03 The necessity for this appropriation is no less apparent for 1917 than it was for the fiscal year 1916. Considering that Oklahoma is now the second largest oil field in the United States, in the matter of production, and first in the pro- duction of high-grade oil, and that approximately 25 per cent of the area of the eastern half of Oklalioma is restricted land, it is particularly Important, in behalf of restricted Indians, that their oil and gas rights shall be conserved for their use and benefit in the most effective manner possible. When this work was inaugurated the operators were generally doubtful of the practicability of the bureau's efforts. Complaints were often made to the effect that while the methods advocated by the bureau were admittedly correct in principle, that unless operators on commercial lands were compelled to use similar methods, it would work an unusual hardship on the departmental lessees. This objection has been overcome during the past year by the State of Oklahoma passing laws giving the corporation commission power to enact regulations governing operations on commercial lands, and it is proposed to make the department regulations conform to the State regulations, so far as INDIAN APPEOPEIATION BILL, 1917. 353 practicable. The department and the Corporation Commission of Oklahoma are working In accord in an effort to enforce effective and uniform regulations. Realizing that it was necessary to convince the operator of the loss involved by continuance of existing conditions, sketches were made showing actual cases where wells have been improperly cased, and the resulting underground wastes or losses caused by the lack of uniformity in the casing of the wells. This condition permitted gas to escape into barren measures, and water to prema- turely enter both oil and gas sands. We have been able to demonstrate and convince operators that their methods of casing wells in many instances have been faulty, and were responsible for large losses measurable in dollars and cents. We have, during the year, succeeded in overcoming the local prejudice, and gaining the confidence of the operators ; and the advice of the inspectors is frequently sought. Furthermore, the executive committee representing five of the independent producers' organizations of Oklahoma, the membership of which consists of a large majority of the operators in the State, have expressed favorable views of the practical results obtained by the bureau in its efforts, and are cooperating with the department. Recently, the operators of the new Ada field have applied to the chief inspector, asking him to select a man for inspec- tor in that field, this man to work under the chief inspector's supervision, and all expenses and salary to be paid by the operators. The inspectors have successfully handled every case brought to their atten- tion during the past year. Realizing that the fresh water supply will be one of the valuable assets after the oil and gas have been exhausted, the inspectors have also given attention to the protection of fresh-water supplies, preventing their contamination by salt water or oil and gas. We have also given some consideration to the drilling of oil wells through coal measures in order that entrance of gas into the coal mines, and the possibility of explosion, with the accompanying loss of life, might be prevented. In order that this work may not be limited to the Five Civilized Tribes, but extended to all restricted lands iu Oklahoma, and also be of practical assistance to the operators on commercial lands ; and in order that the work of the inspec- tors may not be delayed and handicapped by lack of clerical and other necessary assistance, a slight alteration has been made in the wording of this item. You will observe, Mr. Chairman, we are broadening the scope of this work so as to include other reservations outside of the Five Civilized Tribes but in the State of Oklahoma. Oil has been dis- covered on other reservations besides the lands of the Five Civilized Tribes. This appropriation has been very helpful in conserving the gas supply. There was a very large amount of gas going to waste. It has also' resulted in improving the operations of the oil men. Mr. Carter. Who are these inspectors, Mr. Meritt ? Mr. Meeitt. They are civil-service employees, Mr. Carter, and one of the requirements was that they should have had practical ex- perience in oil and gas operations. Mr. Carter. "What are their names? Mr. Meritt. The following list gives the information requested: Salary. Salary. Carl H. Real $2, 160 George W. McPherson $2, 500 Wm. F. McMurray 3, 000 John C. Fowler 2, 500 Harry D. Aggers 2,500 Louis W. Courtney 2,500 Mr. Carter. What are they paid? Mr. Meritt. About $2,500 a year. Mr. Carter. And their expenses ? Mr. Meritt. Yes, sir. The Chairman. Do they put in all of their time on this work? Mr. Meritt. Yes, sir. The Chairman. They are regular Government employees? Mr. Meritt. Yes, sir. They are operating under the directions of the Bureau of Indian Affairs and the Bureau of Mines and under the general direction of the Secretary of the Interior. 354 INDIAN APPROPRIATION BILL, 1917. The Chairman. The next item is as follows : That the Secretary of the Interior is, hereby authorized to acquire on behalf of the Choctaw Nation, Okla., by purchase or otherwise, such lands or ease- ments as shall be necessary for the purpose of a roadway leading from Wheelock Academy, Choctaw Nation, Okla., to the public highway, and to expend therefor not to exceed $150 from Choctaw tribal funds. What justification have you to offer for this item ? Mr. Meeitt. I offer for the record the following justification: At the present time there is no right-of-way opening to the land occupied by the Choctaw tribal school known as Wheelock Academy. Access from such land to the highway has been secured by lease from owners of adjoining property. This situation is unsatisfactory, and would probably afEect the value of the property were it offered for sale. Authority of law does not appear to exist for acquirement of such right of way either by purchase of property or through condemnation proceedings. The item proposes an expenditure of $1.50 from funds of the Choctaw Nation for the property mentioned. The Chairman. The next item is as follows : That no farming or grazing lease executed by a member or members of the Five Civilized Tribes covering lands from which restrictions upon alienation have not been removed shall be valid unless approved by some officer or officers located in the State of Oklahoma designated by the Secretary of the Interior for that purpose, under such rules and regulations as he may prescribe : Pro- vided, That all such leases shall be either approved or disapproved by the officer or officers designated by the Secretary of the Interior for that purpose within 30 days after said leases shall have been completed and filed with the officer subject to whose approval the lease is executed. What justification do you offer for this item ? Mr. Meeitt. I offer for the record the following justification: Section 2 of the act of Congress of May 27, 1908 (35 Stat. L., 312), provides: " 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 homesteads for more than one year and leases of restricted lands for periods of n^.ore than five years may be made with the approval of the Secretary of the In- terior under rules and regulations provided by the Secretary of 'the Interior, and not otherwise. * » * " This authority was given the Indians on the theory that they would ma- terially profit by the experience to be gained in leasing their lands without supervision. Actual practice, however, has demonstrated that to a great majority of Indians the authority has proved detrimental. Many of them, through lack of business experience and forethought, have leased their lands to the first party who came along, at an inadequate rental, usually cash in advance. When they needed further cash they would execute another lease to take effect after the expiration of the first one. In this manner the lands, both homesteads and surplus, are tied up for a long period of time, and it is impossible to negotiate a desirable sale at even approximately the real value of the land. On the other hand, the Indian has received the cash rental and expended it for living purposes, and having no further income is thrown on his relatives and friends for support. Through this method of leasing, the lands fall into the hands of speculators and grafters and are subleased by them to farmers for three or four times the amount of rental received by the Indians. This practice of subleasing brings a class of tenants into the Indian country who because of the uncertainty of their tenure take very little care of the land and improvements, their aim being to get as much as possible out of the leased property during their term. The improvements put by them on the allotments are of a temporary character, and in the end the Indian has little or nothing to show for his leasing, and the experience gained is of very doubtful benefit. INDIAN APPEOPKIATION BILL, lOn. 355 It is believed that if ttie leasing of restricted Indian allotments were put under the control of this department with authority to extend the privilege of leasing their allotments without supervision to such of the Indians who prove ttiemselves competent, the interests of the Indians would be better safeguarded. The results would be that the allotments would be leased to bona dde farmers tor an adequate rental, and the lands cultivated in accordance with approved methods and thereby increased in value. Mr. Chairman, if this legislation were enacted it would cure one of the greatest abuses now practiced in the State of Oklahoma in regard to the handling of lands of India^s. Under existing law Five Tribes Indians can lease, without departmental approval, the surplus lands, and it is practically impossible under that law at this time to sell the surplus lands belonging to an Indian, because every time we advertise these lands for sale some land speculator, or, as some term them, land grafters, will get a lease for a small consid- eration and will prevent this Indian from selling his land, and he will have this land leased from year to year and they will pile one lease on top of another, and as a result the Indian is deprived of the use of the land, and is also unable to sell it. We would like very much to get this legislation, and if we can not get it in the Indian bill we would like to get it in the omnibus bill. The C h airman. The next item is as follows : OEEGON. Section 21. For support and civilization of Indians of the Klamath Agency, Oregon, including pay of employees, $6,000. What justification have you for this item ? Mr. Meeitt. I offer for the record the following justification: Support of Indians of Klamath Agency, Oreg. Fiscal year ending June 30, 1916, amount appropriated $6, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 6, 000. 00 Amount expended 6, 280. 63 Overdrawn 280.63 ANALYSIS OF EXPENDITUEES. Salaries, wages, etc ; 5, 099. 00 Transportation of supplies 99. 31 Telegraph and telephone service 4. 87 Forage 120.00 Fuel 813. .50 Equipment, material, etc 143. 95 Total ^. 6, 280. 63 This appropriation is required for the administration of the affairs of the Indians at Klamath Agency, numbering 1,121. The Klamath Reservation covers more than 1,000,000 acres, allotted and unallotted, including 790,000 acres of timber, valued at $23,700,000. The extent of the reservation and the over- sight of the valuable timber Interest materially add to the cost of its maintenance. The Chairman. The next item is as follows : For support and civilization of the confederated tribes and bands under Warm Springs Agency, Oregon, including pay of employees, $4,000. 356 INDIAN APPBOPHIATION felLL, 1917. Mr. Meeitt. I offer the following justification: Support of Indians of Warm Springs Agency, Oreg. Fiscal year ending June 30, 1916, amount appropriated $4, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 4, 000; 00 Amount expended 3, 999.36 Unexpended balance , . 64 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 2, 119. 00 Traveling expenses 149. 7:1 Telegraph and telephone service 23. 57 Subsistence supplies ^ 396. CS Forage 562. 69 Fuel 151.70 Medical supplies 193. 16 Kquipment, material, etc 402. 81 Total 3, 999. 30 This appropriation is required for the administration of the affairs of 742 Indians at Warm Springs Agency, being used to cover the pay of a clerk and blacksmith, part pay of a physician, and for general-support items. The Cpiairman. The next item is as follows : For support and civilization of the Indians of the Umatilla Agency, Oregon, including pay of employees, $3,000. Mr. Meeitt. The following justification is submitted : Support of Indians of Umatilla Agency, Oreg. Fiscal year ending June 30, 1916, amount appropriated $3, 000. 00 Fiscal year ended June 30, 1916: Amount appropriated 3, OOO. 00 Amount expended 2, 940.00 Unexpended balance 60. 00 ANALYSIS OF EXPENDITUKES. Salaries, wages, etc 2, 940. 00 This appropriation is used for the salaries of persons necessarily employed for the transaction of the business and oversight of the interests of the Indians at Umatilla, numbering 1,110. It is the only support item for this agency. The Chaieman. The next item is as follows : For support and education of 600 Indian pupils, including native pupils brought from Alaska, at the Indian school, Salem, Oregon, including pay of superintendent, $102,300; for general repairs and improvements, S15,000; for remodeling sewer system, $5,000 ; in all, $122,300. Mr. Meeitt. The following justification is offered, Mr. Chairman: Indian School, Salem, Oreg. Fiscal year ending June 30, 1916, amount appropriated $102, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 102, 000. 00 Amount expended ', 98 768. 83 Unexpended balance- 13 231.17 ^Thls is not a flnal balance, as there may be outstanding obligations yet to be phnrepfl against the appropriation. ^-uo-iscu INDIAN APPBOPEIATION BILL, 1911. 357 ANALYSIS OF EXI'ENDIIUEES. Salaries, wages, etc $38,482.91 Traveling expenses 74. 10 Transportation of supplies 50. 60 Telegraph and telephone service 187. 42 Printing, binding, and advertising 24. 40 Subsistence supplies 22, 399. 96 Dry goods, clothing, etc 18, 159. 19 Forage 160. 05 Fuel 10, 846 .68 Stationary and office supplies 181. 85 Educational supplies 1, 212. 32 Medical supplies ^ 442. 28 Equipment, material, etc 6, 071. 54 Seed and plants 407.60 Rent of picture films 53. 00 Miscellaneous 14. 93 Total 98, 768. 83 Indian school, Salem, Oreg., repairs and impruvements. Fiscal year ending June 30, 1916, amount appropriated $12,000.00 Fiscal year ended June 30, 1915 : Amount appropriated 12, 000. 00 Amount expended 11, 626. 07 Unexpended balance ' 373. 33 ANALYSIS OF EXPENDITURES. Eepalrs (to plant) 11,626.67 Appropriation of $10,000 in 1915 act for assembly hall, $25 of which was expended during the year. Statistical statement for year ending June 30, 1915. Value of school plant — real property $293,065 Number of buildings ^^ Number of employees ^1 Average attendance of pupils 5*^ Enrollment Tl° Capacity ooO Cost per capita based on enrollment a^oiQ ^n Cost per capita based on average attendance ^ ^^-f Area of school land (acres) ^^fy Area of school land (acres cultivated) IW Value of products of school •I'l-'' *^-^' Superintendent's estimate of absolute needs for 1917: Support 20 000 Repairs and improvements ^^, uvnj New buildings -^"' """ Total 132,000 Amount requested in propo-sed bill: ., ^ ..x, c. i -tr,^i^r. Support and education of 600 Indian pupils at the Salem Indian School, Chemawa, Oreg., and superintendent s salary 102, 300 Repairs and improvements ^"' „ . , 122,300 Total 1^^^ 1 rr.v,- ■„„i„/i»= «se!R!!9'i nspd in th etraosportation of pupils, and $9,054.29 in tlie WnwtSiin'^of loodfand Supplies. There wL also expended $2,659.61, "Miscellaneous "? TWs is^ not a final balance, as there may be outstanding obligations yet to be charged "^li?hls*doesTo™'lndnde-70 acres in pasture. 358 INDIAN APPBOPEIATION BILL, 1917. Superintendent Assitant superintendent principal Clerk Salaries. $2,100 and 1, 600 1,100 Do Do _ - 840 720 Do Physician _ 600 1,200 Disciplinarian Assistant disciplinarian Teacher 900 720 750 Do 720 Do 690 Do _ 660 Do Do _ _ 630 660 Do _ . -_ 600 Do 600 Do 600 Teacher of agriculture Industrial teacher Domestic science teacher. Matron 1,000 720 660 840 Assistant matron Do Do 600 600 600 Do 600 580 Salaries. Assistant matron Sf540 Instructor in mechanical draw- ing and woodwork 840 Nurse ^20 Seamstress 660 Assistant seamstress 540 Laundress 540 Assistant laundress 420 Baker 600 Cook 600 Assistant cook 420 Hospital cook 480 Carpenter 900 Assistant carpenter — 720 Tailor 800 Shoe and harness maker 780 Blacksmith 800 Gardener 800 Engineer . 1, 100 Assistant engineer 720 Dairyman 720 Printer 1, 000 Painter 720 Laborer 720 Do 500 Total 38, 530 The bill proposes an appropriation of $102,300 for the support and education of 600 pupils, which also includes the amount of the superintendent's salary, and $20,000 for repairs and improvements. The first amount is based upon the same data and requirements as the amount authorized for the fiscal year 1915, and the fact that it is $300 more than that sum arises because, through an error in computation, the act of August 1, 1914, lacked $300 of providing for the superintendent's salary as then estab- lished and still maintained at $2,100. There is no change in this salary, and that it may be correctly included, as occurs in appropriations for all other nonreservation schools, is the only reason for inserting the additional $300. The item of $20,000 for repairs and improvements is a conservative estimate of the sum needed to place the school plant in good condition. The school was organized in 1880, at Forest Grove, Oreg., and removed in 1884 to its present site. It is now a large institution with varied activities, having 65 buildings, all of which are of frame construction except 11, and for the latter reason the cost for repairs is perhaps proportionately higher than at some plants where brick or stone is largely used. For each of the fiscal years 1915 and 1916 this school was allowed $12,000 for repairs and improvements and has not been able to add some very much-needed improvements after taking care of the repairs absolutely necessary. The superintendent urges provisions in the near future for the following essential items : Fittings, hardware, etc $1, 000 Concrete storage room for oil, paints, etc 1, 000 Remodeling sewer system by enlarging from 8 to 16 inches, capacity to meet the needs of the increased attendance 5,000 Material for repairing employees' building, built in 1886 and not repaired for 11 years 1,000 Replacing the present damaged, clogged, and inadequate 10-inch tile by an open ditch from the septic tank to the main outlet 2, 500 Repairing the school office, employees' mess building, and reroofing dor- mitories and employees' cottages 2, 000 Material and labor for relaying water mains and connections 1, 000 Lumber for general annual and some special repairs to the various school buildings 3, 000 INDIAN APPKOPEIATION BILL, 1917. 359 Miscellaneous repairs to buildings and property $2, 000 Equipment, washing machine and drier for the laundry 800 A new lathe for the plumbers' shop 700 Total 20, 000 This is a strictly nonreservation school, located on 441 acres of Government land at Ohemawa, Oreg., with 160 acres in cultivation. The attendance is among the larger of the Indian schools, including a considerable number of native Alaskan pupils. The literary and academic departments are well or- ganized and special attention is given to all the important features of industrial training for both boys and girls. The Chairman. I would like to ask you one question. On line 24, page 81, the language is : " Including native pupils brought from Alaska." Should not that be " native Indian pupils " ? Mr. Meritt. We only receive native Indian pupils from Alaska at the school. We would have no objection to the insertion of those words. The Chairman. They are making quite an effort to get a lot of people in the Indian schools from Alaska that I do not think are entitled to go in the schools. Mr. Meeitt. We would like very much to have the new item for remodeling the sewer system, $5,000. The sewer system at this school is now entirely inadequate. The plant has been increased in the last few years, and the sewer system is old and it is really detrimental to the health of the pupils, and a new sewer system is one of the impera- tive needs of the school. Mr. Carter. What is the necessity for the increase of $300 in the item for support and education ? Mr. Meritt. That was to make a total of $167 plus the salary of the superintendent. Mr. Carter. You can get along without that ? Mr. Meritt. Yes, sir ; we will get along without that, but we wanted to make it uniform. Mr. Carter. There is another increase there for repairs and im- provements of $3,000. Mr. Meritt. We have quite a large number of buildings at this school. , The Chairman. Does not your justification include that? Mr. Meritt. Yes, sir. We have 65 buildings at the school, and a good many of them are old, and the needed repairs at these large schools are increasing. The Chairman. The next item is as follows : For support and civilization of Indians at Grande Ronde and Siletz Agencies, Oregon, including pay of employees, $4,000: Provided, That section three of an act entitled "An act to authorize the sale of certain lands belonging to the Indians of the Siletz Indian Reservation in the State of Oregon," approved May thirteenth, nineteen hundred and ten, be, and the same is hereby, amended by striking out all of said section and inserting in lieu thereof the following: "Sec 3. That when such lands are surveyed and platted they shall be appraised and sold, except land reserved for water-power sites as provided in section two of this act, under the provisions of the Revised Statutes covering the sale of town sites located on the public domain. That the proceeds derived from the 'sale of any lands hereunder, after reimbursing the United States for the expense incurred in carrying out the provisions of this act, in the discretion of the Secretary of the Interior, may be paid to or expended for the benefit of the Indians entitled thereto in such manner and for such purposes as he may prescribe. 360 INDIAN APPKOPKIATION BILL, 1917. Mr. Meritt. We offer for the record the following justification, Mr. Chairman : Support of Indians of Grande Ronde.and Siletis Agencies, Oreg. Fiscal year ending June 30, 1916, amount appropriated $4, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 4, 000. 00 Amount expended 3, 894. 8S Unexpended balance 105.12 ANAYSIS OP KXPBNDITURES. Salaries, wages, etc 2, 088. 00 Traveling expenses 194. 40 Transportation of supplies 28. 75 Telegraph and telephone service 24.00 Subsistence supplies i 701. 27 Fuel 220. 67 Medical supplies 238. 59 Equipment, material, etc 275. 20 Hospital expenses and care of Indian 124. 00 Total 3, 894. 88 This appropriation is required for the use of the agency at Siletz in adminis- tering the affairs of the Indians of the Siletz and the Grand Ronde Reservations, having a combined population of 426. The salaries of a clerk and physician are paid from this fund and the balance used for general purposes, including a relatively large sum for subsistence due to the necessity of supporting a number of old, indigent Indians. Mr. Campbell. I presume the word " construction " at the begin- ning of that item should be "instruction"? Mr. Meritt. No; that is a typographical error, and that word should be left out entirely. The Chairman. The next item is as follows : For construction, maintenance, and operation of the Modoc Point irrigation system within the Klamath Indian Reservation, in the State of Oregon, $20,000, reimbursable in accordance with the provisions of the act of March third, nine- teen hundred and eleven : Provided, That the limit of cost of said project fixed by the act of August twenty-fourth, nineteen hundred and twelve, is hereby changed from $155,000 to $170,000. Mr. Meritt. I offer the following justification, Mr. Chairman : Maintenance and operation, Modoc Point irrigation system, Klamath Reserva- tion, Oreg. {reimhursahle) . Fiscal year ending June 30, 1916, amount appropriated-^ $4, 740. 00 Fiscal year ended June 30, 1915: Amount appropriated 4, 740. 00 Received from sale of powder to United States Reclamation Service . 162.29 4, 902. 29 Amount expended 2, 636. 23 Unexpended balance 2, 266. 06 INDIAN APPEOPRIATION BILL, 1917. 361 ANALYSIS OF EXPENDITUEES. Salaries, wages, etc $2,047.91 Traveling expenses 70. 55 Transportation of supplies 123. 65 Telegraph and telephone service 3. 26 Forage 65. 36 Fuel 52. 00. Equipment, material, etc 163. 51 Seed 57. 47 Team hii-e 52. 52 Total 2, 636. 23 Klamath Reservation, Modoc Point project. Indian tribes: Pitt River, Klamath, Modocs. Paiute. Number of Indians li 145 Area of reservation, acres 1,019,176 Area irrigable TTrom completed work, acres 4, 000 Area actually irrigated, acres 200 Area farmed by Indians, acres _ 200 Area farmed by lessees None. Area farmed by white owners ^"oAn Area of whole project, acres o% to Cost of irrigation construction $189, 317. 53 Cost of irrigation, maintenance, and miscellaneous $12, 678. 18 Estimated additional cost of completed project $15, 000. 00 Estimated total cost of completed project, per acre $34. 35 Average value of irrigated land, per acre $"&. 00 Average annual precipitation in inches 15 Source of water supply: Sprague River. Market for products: Local (good). Distance from railroad : Through project. . In addition to the amount appropriated for maintenance and operation it is recommended that the above sum be appropriated for the completion of the project, to construct laterals to the high point of each allotment, and the neces- sary farm take outs and structures. This will reciuire 15 miles of small laterals and 100 structures; also, to properly drain the land, will require 7 miles of small drains down near the level of Upper Klamath Lake. . ,, ^ ..,, These Indians are making good use of the irrigation facilities furnished them, and the completion of the project will tend to encourage them In their efCorts Most of the work included in this estimate is for construction not originally contemplated in the plans upon which legislation was based authorizing the work. This, however, is found to be necessary to permit the Indians making ^The nTctonl under^thfs project are making a remarkable showing and should have all encouragement possible, so that their efforts m agricultural nursuits mav be successful. In order that they may devote all their time and SnfS to clearing and breaking their land, $5,000 should be provided for the operation and maintenance of the irrigation system for the fiscal year. The Chairman. What additional statement do you desire to go m Mr. Meeitt. I would be glad to have Mr. Reed make an additional statement. . ., . • 4-i,:„ u„^ The Chaikmax. I notice there is quite an increase m this item. Mr Reed That is for an extension beyond what was contemplated in the first act. It was not contemplated at the beginning to carry tL laterals Sr the sublaterals to the Indians' land, but to carry them as they do in most white cases. It was found impracticable to do ?hat The Indians have to be led up to it, and it you leave the water 362 INDIAN APPEOPEIATION BILL, 1917. even a quarter of a mile or half a mile or a mile away from them., while it requires very little work, to be sure, yet they do not take to that so kindly, and prefer to have it brought to their land. Per- haps the main lateral passes through another Indian's land and he gets water without any effort, and another Indian will therefore raise objection or puts in a plea that it should be brought to his land in the same way. In addition to that there is some drainage that is necessary, which was not considered necessary at the beginning. There is a portion of the land that lies in such a way that if it is not drained immediately it will begin to waterlog and will cost considerably more at a later date. It is considered advisable to do that work at the very beginning. The Chairman. There is quite a body of that land waterlogged already, and you have done a lot of work to remove that by digging a system of ditches. How have you succeeded with that work? Mr. Eeed. Fairly well. The land drains fairly wellT Quite a bit of this land is made up of a sort of peat, which drains out fairly well. Of course, at the same time it is draining it is settling slightly and compacts, but we have every indication now of a success along those lines. The Chairman. How many Indians do you think this appropria- tion would benefit? Mr. Eeed. This could be said to apply to the whole Modoc Point system, because it is for the sublateral system and would benefit prac- tically every user of water there. The Chairman. Would it tend to take off the water standing on a large body of waterlogged land, as you term it? Mr. Eeed. No; there is no large body of land^ there that could be reclaimed, but there are some small bodies. The Chairman. What is the size of this Modoc Point tract ? Mr. Eeed. A little over 6,000 acres. The Chairman. And this will take the standing water off of those 6,000 acres? Mr. Eeed. Yes, sir ; off of the portions that are low. Mr. Norton. How much of this land is farmed? Mr. Eeed. The project was just completed at the end of this sea- son, and only a very small portion of it was put in. They are plow- ing or did plow a great deal this fall preparatory to farming it in the spring. It is a new project. Mr. Norton. How much did they plow? Mr. Eeed. I can not tell you that without looking at the reports. The reports show quite a good deal of activity. Mr. Norton. As much as 100 acres? Mr. Eeed. Yes, sir; several hundred acres. Mr. Carter. A thousand ? Mr. Eeed. Yes, sir ; I should judge so. Mr. Norton. How many acres under the project have been under irrigation? Mr. Eeed. Six thousand four hundred, in round numbers. Mr. Norton. It appears from the report that there were only 200 acres farmed? Mr. Eeed. Four hundred acres, I think it is here; but that was because it was not completed this year. It says that there were on the 1st of July 200 acres under cultivation, but they got in about 200 INDIAN APPBOPEIATION BILL, 1917. 363 plowiiT'''"^ following that, and then in the fall they have been th^whitesT''* ^""^ "^^""^ ^""""^^ "''*^^'' *^'^ P'"°^'^''* ^""^ ^^^^'^ ^y la^""" "^^^°' ■^°* ^''•*'* ^^^""^ '"''^ ^® '"^ *™^' ^"* '* ^^ ^^^ allotted Mr. Norton Who were the lessees who farmed 200 acres last year ? Mr. Keed. It does not show in my book that there were any lessees. It says here that the land was farmed by the Indians. I went over It this tall, and I do not remember seeing any land farmed by lessees, unless it was one Indian who leased from another. Mr. Norton. The report says that there were 200 acres farmed bv Indian farmers and 200 acres by lessees? Mr. Eeed. My report does not show any lessees. Mr. Meritt. The report shows 200 acres actually irrigated and 200 acres farmed by Indians and none by white lessees. Mr. Norton. Then I am in error in reading the statement. The Chairman. Would not the expenditure of $15,000 be a per- manent and valuable improvement to the land ? Mr. Eeed. Yes, sir. The Chairman. Consequently, the benefit would follow the land, whether it was farmed by the tenant or the owner? Mr. Carter. Do I understand that this $15,000 additional is to bo used for lateral ditches and for drainage ? Mr. Eeed. Yes, sir. Mr. Carter. For those two purposes only ? Mr. Eeed. Yes, sir. The Chahjman. The next item is : PENNSYVANIA. Sec. 22. For support and education of Indian pupils at the Indian school at Carlisle, Pennsylvania, including pay of superintendent, $132,000; for general repairs and improvements, $20,000 ; in all, $152,000. What justification have you to offer for this item? Mr. Meritt. We offer the following justification for this item, Mr. Chairman: Indian School, Carlisle, Pa. Fiscal year ending June 30, 1916, amount appropriated $132, 000. 00 Fiscal year ended June 30, 1915 : .Amount appropriated 132, 000. 00 Amount expended 131, 345. 67 Unexpended balance 654. 33 ANALYSIS OF EXPENDITUKES. Salaries, wages, etc 52, 769. 61 Traveling expenses 1, 634. 18 Transportation of supplies 488. 82 Heat, light, and power (service) 4,168.52 Telegraph and telephone service 314. 69 Subsistence supplies 25, 659. 34 Dry goods, clothing, etc 17, 777. 57 Forage 1, 577. 25 Fuel 13, 257. 74 Stationery and office supplies 179. 95 364 INDIAN APPKOPEIATION BILL, 1917. Educatioiial supplies noA.' oT Medical supplies ^^4. 21 Equipment, material, etc l"- """• '^^ Seed 796.03 Rent of land 400. 00 Miscellaneous 162. 09 Total 131, 345. 67 Indian School, Carlisle, Pa., repairs and improvements. Fiscal year ending June 30, 1916, amount appropriated $20, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 20, 000. 00 Amount expended 17, 471. 90 Unexpended balance '2, 528.10 ANALYSIS OF EXPBNDITUEES. Construction 4, 707. 06 Repairs (to plant) 12,764.84 Total- 17, 471. 90 Statistical statement for year ending June 30, 1915. "Value of school plant — real property : $457, 400 Number of buildings 48 'Number of employees 76 Average attendance of pupils 513 Enrollment 911 Capacity 757 Cost per capita, based on enrollment_^„_ ' $1-57. 43 Cost per capita, based on average attendance " $279. 55 Area of school land (acres) 316 Area of school land (acres cultivated) 287 Value of products of school $37, 977. 33 Superintendent's estimate of absolute needs for 1917: Support 137, 230. 00 Repairs and improvements 20, 000. 00 Total 157, 230. 00 Requested in propo-sed bill : Support and education of Indian pupils at the Carlisle Indian School and superintendent's salary 132, 000. 00 Repairs and improvements 20, 000. 00 Total 152, 000. 00 Salaries. Superintendent $2, 650 Assistant superintendent and principal 1, 800 Chief clerk 1,500 Clerk 1, 260 Financial clerk 1, 200 Clerk „ 1, 000 Do 720 Do 720 Do 660 Salaries. Assistant clerk .$480 Physician 1, 400 Disciplinarian- Assistant disciplinarian--. Assistant disciplinarian band leader Assistant disciplinarian- Music teacher Teacher Do and ,000 900 840 800 720 840 840 1 This is not a flnal balance, as there may be outstanding obligations yet to be charged against the appropriation. 2 This includes .$10,804.86 used In the transportation of pupils, and $1,268.40 in the transportation of goods and supplies. There was also expended $1,054.24, " Miscellane- ous receipts. Class IV." INDIAN APPEOPEIATION BILL, 1917. 365 Salaries. Teacbei- $780 Do. Do Do Do Do Do Do Do Do Normal teacller . 750 720 720 720 690 660 660 630 600 810 Teacher of free-liaml drawing- 720 Storekeeper 1, OOO Assistant storelceeper 600 Boys' field agent 1, 100 Girls' field agent 900 Librarian 660 Matron 1, oOO Domestic science teacher 840 Assistant matron 660 Do Do Do Do Xurse Seanisti-ess Assistant seamstress . Do Laundress Assistant laundress _. Baker 660 660 600 600 720 800 600 500 600 420 660 Sahirios. Cook $600 Assistant cook 480 Hospital cook 300 Farm cook 300 Printer 1, 2OO Mason 750 Painter 840 Teacher of agriculture 1, 000 Farmer Assistant farmer Shoemaker Carpenter Tailor Blacksmith Teamster Florist Engineer Fireman Laborer Do 900 600 660 900 900 800 540 720 1, 100 540 480 450 Indian assistant '300 Do. Do_. Do-. Do-. Laborer . Do_. '240 180 180 180 600 600 Director of mechanic arts 1, 500 Total 59, 270 There are no Indians other than the pupils of the school under this jurisdic- tion. Three hundred acres of land were purchased for use of the school. The $132,000 requested in the proposed bill for the education, maintenance, cloth- ing, fuel, medical supplies, and all other classes of supplies needed for use of the school, and for salary of superintendent and all employees, is the same as that allowed last year. The it-em for repairs and Improvements is the same as that allowed in 1915 for the purchase of building material and employment of necessary skilled labor for repairs to the school plant. The buildings, being old, are badly in need of repairs, such as plastering, flooring, roofing, and painting. Deteriora- tion is more rapid than in the case of ordinary buildings used for commercial purposes, where the allowance for upkeep varies from 3 to 5 per cent. The Carlisle School buildings were originally used as barracks for soldiers. These buildings and the entire school plant are now approximately valued at $400,000. Twenty thousand dollars, the amount requested for repairs, is a little over 4 per cent of the valuation of the plant, and is about 5J per cent, exclusive of the land. We are asking for the same amount as has been appropriated here- tofore for this school. The Chairman. That school, I believe, is a mixed school — for both girls and boys '( Mr. Mebitt. Yes, sir. The Chairman. What is the age of the school — hoAv long has it been running ? Mr. JNIeeitt. Probably 35 or 40 years. It was formerly a militar\- institution. The Cii-vnoiAN. It was one of the first schools organized by Gen. Pratt? ' Payaljli' from " Indian moneys, proceeds of la.bor, Carlisle School." 20527—10 24 366 IXDIAN APPHOPEIATION BILL, 1917. Mr. Meeitt. Yes, sir : this school was organized by Gen. Pratt and was conducted by him for a great many years. The Chairman. I notice that you estimate, for general repairs and improvements, $20,000. Is not that rather high ? Mr. Meritt. That is the amount that has been appropriated for that purpose for several years. The buildings there are old barracks and it requires considerable money for maintenance. The Chair MAK. Are most of the buildings wooden? Mr. Meeitt. No, sir ; most of them are brick. The Chairman. What proportion of the buildings are wooden? Mr. Meeitt. I should say that a large part of the buildings were Irick. I was at the plant recently. The Chairman. Do you find $20,000 sufficient to keep the build- Sigs in good repair? Mr. Meeitt. In fairly good repair ; yes, sir. The Chaieman. Have you had any trouble recently with refer- ence to the coeducation — the two sexes ? Mr. Meeitt. No, sir; the school has been reorganized in the last two years, and the reports from the school are very favorable. The Chaieman. What benefit are you deriving — what proceeds are jau getting from the farm? You have quite an extensive farm? Mr. Meeitt. We have a farm in connection with the school, but not as extensive as the farm connected with the Chillocco School. We also rent some land there. The Chairman. Can you furnish us with a statement of the amount of money derived from and the amount of produce raised an this farm ? Mr. Meeitt. I wish to submit the following statement, in compli- ance with your request, Mr. Chairman : During the fiscal year 1915 there were produced on the Carlisle School farm products to the value of $8,715. Of this amount products were consumed to tlie value of approximately $7,419 and none sold. Mr. Carter. I notice that your per capita cost, based on enroll- ment, is $157, and based on average attendance, is $279 — almost twice as much. How do you account for that wide difference ? Mr. Meeeitt. The per capita cost is rather high, Mr. Carter, com- pared with the per capita cost at other large schools. I shall look into these figures. Mr. Caetee. I notice that you have an enrollment of 911 and only an average attendance of 513. Mr. Meeitt. Quite a large number of these students are in the ©uting system, not actually attending the school and, perhaps, that accounts for the great difference. Mr. Caetee. I remember that at one time the Carlisle School was represented to us of the West very often as being the cheapest school per capita among the Indian schools, and now it seems to have mcreased to one of the high-priced schools. Mr. Meeeitt. That per capita cost is rather high, I will admit. Mr. Caetee. You will remember that the per capita cost was about $160. Mr. Meeitt. I wish to submit the following memorandum relative to this matter : Regarding high cost per capita it will be noted that the cost, based on, enrollment, is but $157, while based on average attendance it is $279. The~ INDIAN APPEOPBIATION BILL, 1917. 367 eorollmeut was 911, while the averase atteudaiue ^^•as 513. Three himdred and torty-sis pupils were employed under the outing system, but these have not been counted in the attendance. NeNerlheloss, it ^^■as probably necessary to expend some money for their benefit. " The further reasons for tlie lowered attendance, which appears to be in part responsible for the per capita cost, do not appear from the records of the Indian Office, and a comprehensive report from the superintendent of the school has been called for liut not yet received. Mr. Carter. When we were up there at one time investigating that school we found that there was \evj httle industrial training at the school. Does that condition still exist ? Mr. Meeitt. No, sir. We have reorganized and are emphasizing the industrial feature. Mr. Carter. The farmer who was in the employ of the school, as I remember, stated to us, under oath, that a boy was never sent to the farm to work except as pimishment. Do you still maintain that system ? Mr. Meritt. No, sir ; that system has been entirely changed. Mr. Carter. If you do not carry out the industrial feature of the school, their benefits would seem to depreciate. Mr. Meritt. Eecently there has been a committee composed of the very ablest educational men that we have in the Indian Service here in Washington and they have been reorganizing the course of study in our Indian schools with a view to further emphasizing the indus- trial feature. We have had, we consider, unusual success, as a general rule, in our Indian schools and the Indians are deriving greater benefit from the Indian .schools than heretofore. A few years ago it was necessary to send out agents to scour the country to get pupils to fill these nonreservation schools. I can remember six years ago when the enrollment at Chillocco was down to 350, and to-day we have difiiculty in meeting the demand for enrollment at that school, as well as at other large schools in the service. The Indians are appreciating the opportunities afforded them in these nonreservation schools as well as in the reservation schools. The Chairman. I notice that $10,000 of this amount is for the transportation of pupils. Is that amount used out of this fund for the support and maintenance of this school in addition to the amount appropriated for the transportation of pupils to and from schools ? Mr. Meritt. That is used out of the special appropriation for the transportation of Indian pupils. The Chairman. Why do you have a lump sum for transportation in one school from one school to another and have a special appro- priation here? Mr. Meritt. Because we pay the transportation of all students out of the one lump-sum appropriation. The transportation ac- counts come to the Indian Office to be audited and we pay all the transportation charges out of that one appropriation. The Chairman. It will be shown, then, in your statement in the record relative to this matter? Mr. Meritt. Yes, sir. Mr. Carter. What is the salary of the superintendent ? Mr. Meritt. The salary is $2,650. Mr. O. H. Lipps has been the superintendent since the resignation of Mr. Freedman. 368 INDIAN APPEOPBIATION BILL, 1911. The Chairman. The next item is: SOUTH DAKOTA. Sec. 23. For support and education of three hundred and sixty-five Indian pupils at the Indian school at Flandreau, South Dakota, and for pay of superin- tendent, $62,955 ; for general repairs and improvements, $6,000 ; in all, $68,955. What justification have you to offer for this item ? Mr. Meeitt. I offer the following justification for that item : Indian school, Flandreau, S. Bah. Fiscal year ending June 30, 1916, amount appropriated $61, 500. 00 Fiscal year ended June 30, 1915 : Amount appropriated 61, 500:00 Amount expended 60, 353. 63 Unexpended balance 1, 146. 37 ANALYSIS or EXPENDITURES. Salaries, wages, etc 28, 393. 79 Transportation of supplies 1,206.78 Heat, light, and power service 416. 45 Telegraph and telephone service 122. 2& Printing, binding, and advertising 15.00 Subsistence supplies 14, 188. 61 Dry goods, clothing, etc 6, 047. 64 Forage 4. 50 Fuel 4, 894. 59 Stationery and office supplies 1. 56 Educational supplies 377. 57 Medical supplies 321. 05 Equipment, material, etc ^ 4, 240. 73 Rent 90. 00 Miscellaneous 32. 50 Total 60, 353. 63 Indian school, Flandreau, S. Dak., repairs and improvements. Fiscal year ending June 30, 1916, amount appropriated $6, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 6, 000. 00 Amount expended 6, 093. 19 Overdrawn 93. 19 ANALYSIS OF EXPBNDITUKES. Construction 1^ 818. 65 Repairs to plant 4,274.54 Total 6, 093. 19 Appropriation of $10,000 in 1915 act for " Special repairs," $8,392.56 of which was expended during the year. Statistical statement for year ending June 30, 1915. Value of school plant, real property $201, 200 Number of buildings 28 Number of employees 43 Average attendance of pupils 341 Enrollment 384 Capacity 360 INDIAN APPEOPBIATION BILL, IDll. Cost per capita based on eurollment Cast per capita based on average attendance—. Area of school land (acres) Area of school land (acres cultivated) I Value of products of school I I_~ _ Superintendent's estimate of absolute" neecfs for 1917"" Support Repairs and improvements I-II-III_II~III New buildings Total Requested in proposed bill : " ^'!E?°'"l^"'^,®*^J^,^'^"°'^ °^ ?.65 Indian pupils at the Flandreau In- Dak., and superintendent's salary___ dian School, Flandreau, S. Repairs and improvements . Total . Superintendent Clerk ; Assistant clerk Do Physician Disciplinarian and band in structor Priin:ipal and teacher culture Teacher Do of agri- Do - Do. Do. Do. Do. Manual-training teacher.. Teacher Domestic-science teacher- Matron Assistant matron Do . Housekeeper Nurse Seamstress Salaries. . $2,000 1, 320 780 720 720 1,000 1,000 780 750 720 720 690 630 600 900 600 660 720 600 560 560 720 600 Assistant seamstress Do ; Laundress Assistant laundress Baker Cook ; ; Assistant cook , Farmer Carpenter Shoe and harness maker. Gardener Engineer Assistant engineer Do Do Do Do Do Do Laborer Laborer, per month. 6 months, at $40 369 '$166 '$187 481 132 $10, 721. 63, 300 6,000 8,000 77, 000 62, 955 6,000 68, 955 Salaries. - $300 300 520 300 520 560 300 840 720 760 720 . 1, 000 600 600 420 420 600 600 300 540 240 Total 29, 510 The amount for support, $62,955, provides for maintenance nf 365 pupils plus the superintendent's salary, which is $2,000. Six thousand dollars are needed for general repairs and improvements. This is about 3i per cent on the valuation of the plant, which is $201,200, and is a very moderate upkeep expense, there being 28 buildings at this school. It is more than 22 years since the main part of the plant was constructed, and repairs are very necessary to prevent deterioration. The school is well located, is well equipped, has a large farm, and is doing splendid work. It should be maintained for many years, in order that ade- quate facilities may be furnished for adviinced Indian pupils from adjoining States, from which the school largely draws its pupils. The Chairman. Do you desire to make any further statement ? Mr. Mehitt. No, sir. The justification covers it. It is practically the same amount asked for last year. Mr, Carter. I notice that you have an increase for support, as you have in the other items, of $1,455, 1 think it is ? 1 This includes $2,393.61 used in the transportation of pupils and $1,206.78 in the transportation of supplies. There was also expended $1,715.79 " Miscellaneous receipts Class IV." 370 INDIAN A.PPEOPKIATION BILL, 1917. Mr. Meeitt. That is for the purpose of making uniform the re- quests for support so as to include $167 per capita in addition to the salary of the superintendent. Mr. Carter. There is no necessity for putting it in inasmuch as they were able to get along with the amount appropriated last year? Mr. Meeitt. We will be satisfied with the old amount. The Chairman. The next item is : For support and education of two hundred and fifty Indian pupils at the Indian school at Pierre, South Dakota, Including pay of superintendent, $46,000; for general repairs and improvements, $6,000; for steel water tank, $2,000 ; for addition to shop building, $1,000 ; in all, $55,000. What justification have you to offer for this item? Mr. Meritt. We offer the following justification for this item, Mr. Chairman : Indian school, Pierrr, S. Dak. Fiscal year ending June 30, 1916, amount appropriated $43, 75 0.00 Fiscal year ended June 30, 1915 : Amount appropriated 43, 750. 00 Amount expended 41, 714. 36 Unexpended balance '2, 035. 64 ANALYSIS OF KXPENDITUBES. Salaries, wages, etc 16, 161. 33 Traveling expenses 33. 66 Transportation of supplies 396. 85 Heat, light, and power (service) 914.70 Telegraph and telephone service 45. 74 Printing, binding, and advertising 140. 50 Subsistence supplies 9, 475. 48 Dry goods, clothing, etc 5,041.03 Forage 792.25 Fuel J 1, 488. 85 Stationery and office supplies 586. 56 Educational supplies 96. 88 Medical supplies 122. 85 Equipment, material, etc 6,351.60 Miscellaneous 66. 08 Total 41, 714. 36 Indian school, Pierre, 8. Dak., repairs and improvements. Fiscal year ending June 30, 1916, amount appropriated $6, 000. 00 Fiscal year ended June 30, 1915 : ' Amount appropriated 6, 000. 00 Amount expended 5, 624. 71 Unexpended balance 375. 29 ANALYSIS OF EXPENDITUEES. Telegraph and telephone service 2.55 Construction 975. 09 Repairs (to plant) 4,647.07 Total 5, 624. 71 1 This is not a final balance, as there may be outstanding obligations yet to be charged against the appropriation. INDIAN APPEOPRIATION BILL, 1917. 37i Expended from appropriation, " Indian school, Pierre, S. Dak., land," $3,500: from appropriation, " Indian school, Pierre, S. Dak., irrigation system," .$1,848.28 ; from appropriation, " Indian school, Pierre, S. Dak., bnildings,'" .•^lO.Oll.ei. Statistical statement for year ending June 30, .1915. Value of school plant — real property .$172,247 Number of buildings 'Si Number of employees 28 Average attendance of pupils 195 Enrollment 2.51 Capacity 250 Cost per capita based on enrollment '$221 Cost per capita based on average attendance '$22i Area of school land (acres) 302 Area of school land (acres cultivated) 112 Value of products of school ,$4, 671. 7S Superintendent's estimate of absolute needs for 1917 : Support 47, 375. 06 Reiiairs and improvements 10,600.09 New buildings 41, 000. 00 Total 98,975.06 Requested in proposed bill : Support and education of 250 Indian pupils at the Indian school, Pierre, S. Dak., and superintendent's salary 46,000.0ft Repairs and improvements 6,000.00 For steel water tank 2,000.00 For addition to shop building 1,000.00 Total 55, 000. 00 Salaries. Superintendent $2, 000 Clerk 840 Financial clerk 720 Physician 720 Disciplinarian 720 Principal teacher 900 Teacher 690 Do 600 Do 570 Matron 720 Assistant matron 600 Do 500 Do ■ 300 Salaries. Seamstress $540 Laundress 500 Cook 50ft Nunse 72» Farmer 840 Carpenter 720 Shoe and harness maker 720 Engineer 1, OO© Laborer 608 Do 600 Indian assistant 300 Total 16.920 The support item, $46,000, is for maintenance of 250 children plus the super- intendent's salary, $2,000. There are 27 buildings at this school. The majority of these buildmgs are old and require considerable repairs each year, and $6,000 for this purpose is not excessive. This amount is less than 5 per cent on the , valuation of the buildings, which is $172,247. Two thousand -dollars is needed to build a steel water tank. The present tant is rotten and very leaky. While the initial cost of a steel tank is greater thaa a wooden one, it -will outlast several wooden tanks. One thousand dollars is needed to enlarge the shop at this school, so that power machinery may be installed and practical instruction given the boys along manual training lines. At present there Is not room enough for any IUfl.C]ll I16r V ■ The school Is favorably located, being practically In the center of the State and almost surrounded by Indian reservations. It has a good farm, is doing excellent work, and should be maintained for many years. 1 Thi« includes .'61 04.3 07 used In the transportation of pupils and $396.85 in the transportation of Supplies. There was also expended ,$871.13 " Miscellaneous receipts. Class IV." 372 INDIASr AEPEOPBIATION BILL, 1911. Mr. Chairman, you will note that the support fund of this school has been raised and the support fund for the school at Eapid ^1*7) the next item, has been lowered. In view of the fact that both schools ure in the same State and average the same enrollment, it seems but fair that they should be both placed on the same footing, and we would be glad if they could each be given $46,000 instead of one being given $43,750 and the other $48,500. Mr. Campbell. Give each of them how much ? Mr. Mehitt. Forty-six thousand dollars for support. Mr. Campbell. The attendance is the same ? Mr. Meeitt. It is the same ; yes, sir. The Chairman. And the per capita cost is the same? Mr. Mekitt. Practically the same amount. The cost per capita at the Pierre school is $221. That is high. The cost at the Eapid City school per capita is $195. Mr. Carter. There would not be any necessity to raise the amount for the Pierre school $2,250 since they were able to get along as they did last year? Mr. Meeitt. No, sir. In view of the per capita cost shown at that school, I shall not ask for an increase. The Chaieiman. In order to save time, will that run clear through the bill? Mr. Meritt. We have made slight changes in the support item so as to make the ainounts requested uniform, but I shall not ask for an increase for the Pierre school on account of the high per capita cost. The Chairman. The next item is : Foi- support and educatiou of two liuudi-ecl aud Hfty ludiau pupils at the Indian scliool, Rapid City, South D'al^ota. inrluding pay of superintendent, !F46,000; for general repairs and improvement, ,$5,000: in all, iF.5I.n00. Wliat justification have you to offer for this item ? Mr. Meritt. We offer the following justification for this item, Mr. Chairman. Indian school, Rapid Gitij, S. Dal:. Fiscal year ending .Time 30, 1916, amount appropriated .$48,500.00 Fiscal year ended June 30, 1915: Amount appropriated • 48,500.00 Amount expended 47, 290. 20 ruexpended balance 1, 209. 80 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 20,852,85 Transportation of supplies 919.82 Heat, light, and power (service) * 1,271.80 Telegraph and telephone service 143.58 Printing, binding, and advertising ^ 13.17 Subsistence supplies 8, 858.48 Dry goods, clothing, etc 4,695.80 Forage 796. 90 Fuel 6, 4m 70 Stationery and office supplies 101.20 Educational supplies 319. 63 ■Medical supplies 235. 95 Equipment, material, etc 2,406.32 Miscellaneous 255. 50 Total 47, 290. 20 INDIAN APPEOPEIATION BILL, 1017. 373 Indian school. Rapid City, 8. Dak., repairs and improvement. Fiscal year ending June 30, 1916, amount appropriated $5, 000. 00 Fiscal year ended June 30, 1915; Amount appropriated 5, ooo. 00 Amount expended 4' 912. .34 Unexpended balance- 87.66 ANALYSIS OF EXPENDITURES. Repairs (to plant) ; 4,912.34 Statistical statement for year ending June 30, 1915. Value of school plant — real property 5; Number of buildings Number of emploj'ees Average attendance of pupils Knrollment Capacity Cost per capita based on enrollment Cost per capita based on average attendance .\rea of school land (acres) Area of school land (acres cultivated) Value of product of school Superintendent's estimate of absolute needs for 1917: Support Requested in proposed bill : Support and education of 250 Indian pupils at the Indian Schi Rapid City, S. Dak., and superintendent's salary Repairs and improvements i34, 410. 00 36 32 254 291 300 ' $170. 00 ' .$195. 00 350 350 12, 259. 75 .__ 50,840 vol, 46, 000 5,000 Total 51,000 Salaries, Superiutendent $2,000 Clerk 1, 000 A.ssislant clerk 600 Principal 1, 000 Disciplinarian Physician Teacher Do Do Do Domestic science teacher. Industrial teacher: Matron A.s.sistant inaTi-on Do Do Nurse Seamstress 800 550 600 600 600 720 600 720 720 660 540 600 720 540 Assistant seamstress Laundress Assistant laundress Baker Cook Assistant Farmer Assistant farmer., Carpenter Shoe and harness maker. Engineer Dairyman .\ssistant Do Ijiihorer Salaries. _ $300 540 300 540 600 300 900 300 900 720 900 720 300 300 540 Total 21, 730 Forty-sis thousand dollars is for the support of the school and superintend- c-nt's salary, $2,000. Five thousand dollars is needed for general repairs and improvements, and is slightly more than 2 per cent on the valuation of the plant, which is $234,410, and is a very low percentage for upkeep expenses, there being 36 buildings at this school. , An important feature of the work of the school is the attention given stock raising and dairving. The school maintains a good herd of cattle, both stock find dairy animals, from which excellent results are achieved. The school is located near large groups of Indians ; it is doing very efhcieiit work, and should be maintained for several years^ iThis includi-s $1 393 8.S used in the transportation of pupils, and $919.82 in tbe transportaMon of .supplies There was also expended $1,759.54 " Miscellaneous receipts Glass IV." 374 INDIAN APPKOPKIATION BILL, 1917. It will be noted tliat tlie superintendent's estimate of needs for 1917 Is less than the item requested. It will be seen, however, that the superintendent did not estimate any amount for general repairs and improvements, whereas the item proposes $5,000 for such purposes. Money for repairs and improvements Is obviously necessary, and it is presumed the superintendent's omission was due to inadvertence. The Chairman. The next item is : For support of Sioux of different tribes, including Santee Sioux of Nebraska, North Dakota, and South Dakota : For pay of five teachers, one physician, one carpenter, one miller, one engineer, two farmers, and one blacksmith (article thirteen, treaty of April twenty-ninth, eighteen hundred and sixty-eight), $10,400; for pay of second blacksmit, and furnishing iron, steel, and other material (article eight of same treaty), $1,600; for pay of additional employees at the several agencies for the Sioux In Nebraska, North Dakota, and South Dakota, $95,000 ; for subsistence of the Sioux, other than the Rosebud, Cheyenne River, and Standing Rock Tribes, and for purposes of their civilization (act of February twentv-eighth, eighteen hundred aud seventy -seven), $200,000; in all, $307,000. What justification have you to oifer for this item? Mr. Meeitt. We offer the following justification for this item, Mr. Chairman : Stcpport of Sioux of different tribes, employees, South Dakota. Fiscal year ending June 30, 1916, amount appropriated $107, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 107, 000. 00 Amount expended 104, 049. 16 Unexpended balunce 2, 950. 84 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 104, 049. 16 Support of Sioux of different tribes, subsistence and civilization. South Dakota. Fiscal year ending June 30, 1916, amount appropriated $200, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 200, 000. 00 Received from sale of hides, stock, etc 7,152.17 207, 152. 17 Amount expended 164, 055. 86 43, 096. 31 Analysis of expenditures : Salaries, wages, etc 13, 801. 29 Traveling expenses 1, 238. 42 Transportation of supplies 21, 372. 45 Telegraph and telephone service 150. 64 Printing, binding, and advertising 47. 00 Subsistence supplies 99, 324. 44 Dry goods, clothing, etc 13. 58 Forage 6, 036. 11 Fuel 5, 689. 86 Stationery and office supplies 804. 88 Medical supplies 1, 654. 40 Equipment, material, etc 6, 919. 69 Construction 2, 164. 55 Seed 4, 401. 17 Paid Indians for diseased horses killed 100.00 Miscellaneous 337. 38 Total 164, 055. 86 INDIAX APPBOPKIAnON BILL, 1917. 375 Support of Sioux of different tribes, employees, etc., Soutli Dakota, 191T ,$107, 000. 00 Support of Sioux of diffiM'ont tribe-i, subsistence and civilization. South Dakota, 1917 200,000.00 Total J 307, 000. 00 This is the same amount as was asked for the pay of employees and support aud civilization for the agencies using this fund in South liakota last year. One hundred and seven thousand dollars of this fund will be set "aside for the employees, and includes ,$10,400 for the purpose of paying employees pro- vided for by article 13 of the treaty with the Sioux Nation, dated April 29, 1868, and 551,600 for the pay of the second blacksmith and the furnishing of iron, steel, and other materials. Thus, out of this fund, after the above de- ductions are made, $95,000 will be left with which to pay the salaries of the employees working on the eight reservations that are allowed to use same. For the Inst fiscal year $92,049.16 was expended for salaries outside of treaty obligations ; this, added to the salaries of the persons mentioned in the treaty, made a total of $104,049.16, thus leaving the unexpended balance of only $2,950.84. This balance was returned only after the most economical handling of the employee question on these reservations. The -remaining $200,000 of this appropriation Congress has specifically pro- vided shall be used for the subsistence and civilization of the Sioux Tribe, with the exception of the Creyenne Kiver, Itoseliud, and Standing Kock Sioux ; these three reservations have other funds which are used for their support and civilization. The reservations benefiting by this $200,000 are the Pine Ridge. Lower Brudle, Santee, Crow ('reek, and Flandreau Beservations. Salaries, wages, etc., charged up to this fund for the fiscal year ending June 30, 1915, totals $13,801.29, transportation of supplies amounted to $21,372.45, subsistence supplies aggregated $99,324.44, purchase of forage and fuel amounted to $11,725.97, and equipment, material, etc., purchased for tliese agencies came to $6,919.69. These items alone nuide a total of $153,143.84, tluis leaving about $46,000 to be divided up among the five agencies for the pay- ment of telephone and telegraph charges, heat and li,ght, purchase of office and stationery supplies, medical supplies, and the carrying out of the industrial policies of this oflice toward these Indians. Steel and iron for the purpose of making repairs to agency equipment and to wagons belonging to the Indians, repairs to agency automobiles, irregular Indian labor, and medicinal drugs and surgical supplies have to be purchased from this fund. Three of the reserva- tions using this fund are unfavorably situated with relation to railroad facili- ties and the cost of forage and provisions for these agencies are big items of expense. You will note, Mr. Chairman, that the proviso has been eliminated, because that is permanent legislation and is not needed for this year. The Chairman. The next item is : For support and maintenance of day and industriid schools among the Sioux Indians including the erection and. repairs of school buililings, $200,000, to be expended under the agreement with said Indians in section seventeen of the act of March second, eighteen hundred and eighty-nine, which agreement is hereby extended to and including June thirtieth, nineteen hundred and seventeen.' What justification have you to offer for this item ? Mr. Meritt. We offer the following justification f oi' the record : Education, Sioux Nation, kiouth Dakota. Fiscal year ending June 30, 1916, amount appropriated $200, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated f^^' "^"- "" Amount expended 192, b04. dl Unexpended balance ■"• 395. 69 376 INDIAN APPEOPEIATION BILL, 1917. ANALYSIS OF EXPENDITUKES. Salaries, wages, etc $104,835.90 Traveling expenses 526. 03 Transportation of supplies 1. 074. 38 Subsistence supplies 21, 727. 30 Dry goods, clothing, etc 18,433.13 Forage 2, 770. 28 Fuel 17, 801. 43 Stationery and office supplies 125.78 Educational supplies 2, 956. 23 Medical supplies 763. 42 Equipment, material, etc 7, 609. 44 Construction 7, 753. 01 Repairs (to plant) 6,167.18 Rent 60. 00 Miscellaneous . 80 Total 192, 604. 31 The superintendents of the schools using this fund have estimated as follows for 1917 : Cheyenne River : Supervision $2, 100 Education 35, 830 Crow Creek : Education ^ ,97, 070 Field matrons (current expenses) 600 Ijower Brule : Education - 21. .507 Field matrons (current expenses) 600 Pine Ridge: Supervision 2, 500 Education 118, 860 Health 2, 900 Irrigation ' 500 Rosebud : Education 33, 555 Standing Rock : Education 37 ggg Health o' 150 Agriculture and stock - 4' 353 Total 300,223 This appropriation is to be expended under the agreement with the Sioux Indians in section 17 of the act of March 2, 1889, and is applied to the support and maintenance of 54 day schools and 7 boarding schools, the combined schools having an enrollment of more than 2,400 pupils. This fund is augmented by the appropriation made for subsistence and civilization. The valuation of the school plants exceeds $623,000. There are paid from this fund the salaries of 185 per- sons, amounting to $115,425. Of this appropriation so much a.i can be spared will be used for application to contracts with mission schools for education of Sioux children therein \t this tune (December, 1915) there has been hypothecated from the appropriation for the fiscal year 1916 the sum of $14,460 covering two contracts of this •character. ?i^® Chairman. Is there any further statement you desire to make? Mr. Meeitt. No, sir. The Chairman. What objection would there be to adding $200,000 to the general school item which is in the same language in the lump- sum appropriation in the first part of the bill ? This is a gratuity ? Mr. Meritt. No, sir. 'As worded now this makes it a treaty item. The Chairman. But the treaty has expired? Mr Meritt. Yes, sir. The treaty has expired, but has been con- tinued by authority of Congress from year to year. INDIAN APPBOPEIATION BILL, litl". 377 The Chairman. Would it not be better, in order to keep the bill straight, to show what this item is? This is not a treaty item if it has been extended several years. Mr. Meeitt. The appropriation, of course, could be consolidated with the regular school appropriation if the committee desires. The Chairman. What I had in mind was this, putting a provision to the language, provided that $200,000 of the same shall be used ior the support of day and industrial schools among the Sioux In- dians, and only having one item. That would prevent putting this language in and having the trouble with it that we have. It is a gratuity, and yet it is under the treaty items. What is the amount of the lump sum? Mr. Meritt. The lump sum is $1,550,000 for the support of day and industrial schools. If this is to be consolidated with the other 'item, Mr. Chairman, of course we would need the additional $200,000. The Chairman.. I understand. Mr. Campbell. Would you find any difficulty in administration by the consolidation? Mr. Meritt. There would be an objection, Mr. Campbell, to con- solidating this item with the gratuity appropriation, for the simple reason that it would not be available for certain purposes that it is now used for, in view of the decision of the supreme court in the case of Quick Bear v. Leupp (210 U. S., 51). The Chairman. That decision applies to the treaty items? Mr. Meritt. This would be construed as a treaty item, provided the provisions of the treaty were extended by this legislation. The Chairman. Suppose the treaty is not extended, then it is a gratuity item and belongs under the gratuity items ? Mr. Meritt. If the treaty part of the item were eliminated, of course it could very easily go in with the gratuity appropriation. The Chairman. And the Indians would get the same benefit of the school which they now get, the same amount of money, $200,000 ? Mr. Meeitt. Part of this fund, I believe, Mr. Chairman, goes to the support of mission schools and .under the decision of the Supreme Court in the Quick Bear case; if it were made a gratuity item and consolidated with the gratuity appropriation of $1,550,000 for the support of day and industrial schools it could not be used for that purpose under the decision of the Supreme Court. The Chairman. As a matter of fact, it is not a treaty item unless we make it so by law. It is a gratuity, unless Congress makes it a treaty item. Should we do that, should we extend one treaty when we are iiot extending the others ? Mr. Meritt. That is a matter of legislative policy for Congress to decide. Mr. Norton. What purpose did you say it could not be used for if included in the general appropriation ? Mr. Meeitt. It could not be used for the support of mission schools under the decision of the Supreme Court in the Quick Bear case. Mr. Norton. How many mission schools are supported by this item? Mr. Meritt. I will include that in the record. It is a very im- portant question and I want to be absolutely correct. Mr. Campbell. That will appear in your statement ? 378 INDIAK APPKOPEIATION BII,T., Um. Mr. Meeitt, Yes, sir. The Chairman. And that Avill show how the $200,000 is expended at the present time? Mr. Meritt. The information requested is as follows : During the fiscal year 1916 from tlie approiiriatinn " Education, Sioux Na- tion, 1916," tliei-e tias been applied the snni of $14,460 to the following mission contracts with the Bureau of Catholic Indian Mi.«!Sions : No. 21801. Holv Rosarv Mission Boardins; School, Pine Kidtje Reserva- tion, S. Dak $12,300 No. 21802. St. Francis Mission Boarding School, Rosebud Reservation, S. Dak 2, 160 During the fiscal year 191.5 none of this appropriation was applied to these contracts, tribal funds having been used therefor. The remainder of the ap- propriation for 1916 which is not used for the contracts mentioned above will be used for the various purposes, including salaries, subsistence, clothing, fuel, forage, construction, and repairs, at the schools which are entitled to the benefit of the appropriation, namely, Cheyenne River, Crow Creek, Lower Brule, Pine Ridge, Rosebud, and Standing Rock, as will be noted from the justification which has been submitted for this appropriation. Mr. Carter. Suppose you should strike out lines 9 and 10, would that make any difference in your authority to expend the money? Mr. Meritt. If you should strike out all after the $200,000 it cer- tainly would. I am not sure what the effect of striking out all the language in lines 9 and 10 would be. There is a limitation in this- law providing that this money shall be used for a certain period of years. That period has expired, and Congress has each year extended that period in connection with this item. _ Mr. Norton. The only question is whether Congress wishes to con-* tiiiue that policy or not. If we strike out that provision in lines 9 and 10 it would simply amount to a consolidation of .this appropria- tion with the larger lump-sum appropriation, would it not? Mr. Meritt. That would make it a gratuity appropriation abso- lutely, and it could not be used except for the support of day and industrial Indian schools and would not be available for mission or sectarian schools. The Chairman. Let me call your attention to this fact : There is an old law — I do not remember what year it was enacted, but since I have been in Congress— that no gratuity fund shall be used for sectarian schools. If continued, would not that be in conflict with the old law? Mr. Meritt. That law is found in the act of June 7, 1896 (29 Stat. L., 345), and reads: It Is hereby declared to be the stated policy of the Government to make no appropriation whatever for education in any sectarian schools. The Chairman. That means gratuity money? Mr. Meritt. The courts have so held, but treaty funds are avail- able. The Chairman. Striking out the language after $200,000 would make it what it is in fact, a gratuity ? Mr. Meritt. If you were to strike out that language', you would make it a gratuity appropriation without question. The Chairman. As a matter of fact, is it not a gratuity appropria- tion, because we have no treaty unless extended, the treaty havine expired? •' ^ Mr. Meritt. That would be an interpretation of the law that I feel the members of the committee would be better able to decide. INDIAN APPBOPEIATION BILL, 1917. 379 The Chairman. The next item is : For subsistence and civilization of the Yankton Sioux, South Dakota, includ- ing pay of employees, $14,000. What justification have' you to offer for this item? Mr. Meritt. We offer the following justification for this item: Support of Sioux, Yankton Tribe, South Dakota. Fiscal year ending June 30, 1916, amount appropriated $14,000.00 Fiscal year ended June 30, 1915 : Amount appropriated 14, 000. 00 Amount expended 13,216.70 Unexpended balance 783.30 AXALTSIS OF EXPENMTUKBS. Salaries, wages, etc 7, 701. 77 Traveling expenses 129. 80 Transportation of supplies 412. 82 Telegraph and telephone service 135. 72 Subsistence supplies 63.5. 82 Dry goods, clothing, etc 13. 75 Forage 755.09 Fuel 630.31 Stationery and office supplies 141. 70 Medical supplies .542. 44 Equipment, material, etc 1,834.48 Miscellaneous 283. 00 Total 13, 216. 70 This Is the same amount as was asked for the expenses of this agency during the last fiscal year. There was expended from this fund during the past year $13,216.70, leaving a balance of $783.30. This agency Is located in the southern part of South Dakota and has 618,263 acres of allotted land. It was created by the treaty of April 19, 1851 (11 Stats., 743). There are 1,805 Indians on this reservation, 655 of whom are holding trust allotments. The salary roll of this agency for the fiscal year 1915 totaled $7,740. This same salary roll will be carried for the next fiscal year and it will leave only $6,260 to cover the purchase of equipment and material for the agency, sub- sistence supplies, transportation and traveling expenses, and all other necessary incidental expenditures for the proper administration of the Indian Office policy at this place. The Chairman. Do you desire to make any further statement? Mr. Meritt. No, sir; it is the same amount as appropriated here- tofore. The Chairman. The next item is : For the equipment and maintenance of the asylum for insane Indians at Canton, South Dakota, for incidental and all other expenses necessary for Its proper conduct and management, including pay of employees, repairs, improve- ments, and for necessary expense of transporting Insane Indians to and from said asylum, $45,000. What justification have you to offer for this item? Mr. Meritt. We offer the following justification for this item : Analysis of expenses — Canton Asylum. V)-<(:ii\ year ended .Tune 30, 3916, amount appropriated $37, 500. 00 Fiscal year ended June 30, 1 915 : Amount appropriated ; 37, 500. 00 Amount expended 20, 837. 37 Unexpended balance 10, 662. 63 380 INDIAN APPEOPEIAa?rON BILL, 1&17. ANALYSIS 01' BXPENDITUEES. Salaries, wages, etc $11, 127. 91 Traveling expenses 235. 22 Transportation of supplies , 1, 22i:. 98 Heat, light, and power (service) 318.16 Oonimunicatiou service j. 32. 4.5 Subsistence supplies 4, 989. 4b. Dry gonfls, wearing apparel, etc 8-'52. 01 Forage 3. 75 Fuel, illuminants, lubricants, etc 1,367.9.0 Stationery and office supplies 20.35 Educational supplies 3. 15 Medical supplies 127. 21i Equipment, material, etc 1, 114. .^7 Construction 2, 156. 75 Repairs (material) 3,074.21 Miscellaneous 190. 81 Total 26, S37. 37 Salaries. Superintendent $2, 500 Financial clerk 960 Physician 1, 300 Matron 660 Seamstress 500 Laundress 480 Cook 500 Engineer 720 Laborer 540 Do 540 Do 480 Salaries. Laborer- Do-. Do.. Do_ Do-. Do-. Do_- Do-. 480 480 420 420 360 360 360 Total- 12,540 For the fiscal year 1916 there vi^as appropriated for the Canton Asylum foi insane Indians in South Dakota, ?37,500, and for 1917 an increase is requested of $7,500j making in all $45,000. This appropriation is required for the support of insane Indians, for equipment, pay of employees, repairs, improvements, in- cidentals, and for the transportation of Indians to and from the asylum. Tlie increase in the item requested is necessitated by increased capacit>, owing to the construction of a new hospital building which will be open for patients .Tanuary 1, 1916. Prior to the erection of tliis building the capacity was 53, and the new building has a capacity of 40 patients and a present total capacity of 93. It will be seen that the increase is much greater than the in- crease requested in the appropriation. This increase in capacity at Canton has been urgently needed. The latest available figures show 168 insane Indians UJider the jurisdiction of the United States, including those already in th(^ asylum. The obligation is one whicli must be assumed by the United States, as some of the States refuse to receive these Indians in rhe State institutions. Those patients are usually incurable and will remain cliarges for years. Whili^ tlie outlook is hopeless, yet it is absolutely necessary that such an institution as Canton be maintained for the care of the insane among the Indian wards of the Nation. There is no Indian reservation at this point other than the Government land on which the buildings are located. The increased capacity will increase the number of employees, the subsist- ence, clothing, etc., which will be necessary. Insane patients require a greatei- amount of supervision than patients in any other kind of institution. The superintendents' advance requests for the fiscal year 1917 total $17,100. including an employees' home, an epileptic cottage, chapel, and amusement hall. This amount has been materially reduced, but it is possible that should it prove impossible to care for all the cases which are absolutely necessary, action may be taken looking toward the erection of an employees' building, which may relieve the tension somewhat, as the rooms now used by employees can be occu- pied by patients. We have recently increased the capacity of this asylum, and we .would like to have an increased appropriation from $37,500 to $15,000. INDIAN APPEOPRIATION BILL, 1917. 381 S^*^ S^*'^^'*^'^^; How many patients have you in this asylum? Mr. Meeitt. We will be able to care for about 80 patients. Ihe Chairman. How many patients have you now? Mr Meeitt. Prior to the increased buildings, we cared for only about oU. ■' '^}^'^ ^/^''^^^^^^^- ^"^^ y°^ ^'^nt to provide for 80—30 additional ( Mr. Meeitt. i es, sir. ^j'®,^HAiEMAN. What is the per capita cost for the 50 patients? Mr. Meeitt. I will include that in the record. The Chaiejian. The next item is : UTAH. Sec. 24. For support and civiUziition of Conledernted Baucis of Utes ■ For pay of two carpenters, two millers, two farmers, and two black.smiths (article lif- teen, treaty of March second, eighteen hundred ami sixty -eight) $6 7-^0- for pay of two teachers (same article and treaty), $1,800; for purchase of 'iron and steel and the necessary tools for blacksmith shop (article nine, same treaty) $220 ; for annual amount for the purchase of beef, mutton, wheat, flour beans' and potatoes, or other necessary articles of food and clothing and farming enuin- ment (article twelye, same treaty), $30,000; for pay of employees at tlio several I te agencies, $15,000; in all, $53,740. What justification have you to offer for this item ? Mr. Meeitt. We offer the following justification foi- this item. Mr. Chairman: Support of Confederated Bands of Utes — emiiloyees, etc.. Utah. Fiscal year ending June 30, 1916, amount appropriated ij,-lo. 740.00 Fiscal year ended June 30, 1915 : Amount appropriated 23, 740. 00 Amount expended 22, 973. - of the InttM-ior is also authorized to withdraw from the Treasury the accrued interest to and includius June thirtieth, nineteen hundred and sixteen, on tlie funds of the said Confederated Bands of Ute Indians appropri- ated under the act of JIarch fourth, nineteen hundred and thirteen (Thirty- seventh Statutes at Large, page nine hundred and thirtv-four), and to expend or distribute the same for the purpose of promoting civilization and self-support among the said Indians, under such regulations as the Secretary of the Interior may prescribe: Prodded, That the said Secretary <>t the Interior shall report to Con.gress on the first Monday in December, nineteen hundred and seventeen, a detailed statement as to all moneys expended as provided for herein. Mr. Meeitt. I offer the following justification for this item, Mr. Chairman : Tribal funds (Confederated Bands of TJtes). The act of March 4, 1913 (37 Stat. L., 934), provides for the payment of the net amount of the judgment of the Court of Claims in favor of the Confederated Bands of Ute Indians ($3.30o.2o7.19), to remain in the Treasury of the United States to the credit of said Indians and to bear interest at the ra'te of 4 per cent per annum from February 13, 1911, both principal and Interest to be available under annual appropriations by Congress for cash payment to said Indians, or for expenditure for their benefit, in the discretion of the Secretai-y of the Interior. Confederated Bands of Utes J/ per ecnt fund, 191'). ANALYSIS OF EXPENDITURES. Reservation. Purpose. Soutliern Ute. Uintah and Ouray. Ute Mountain. Total. Principali Interest. Principal. Interest. Principal. Interest. $811.70 829.55 1, 154. 90 184,808.02 $395.25 136.88 302, 23 Sll,888.11 936.61 103.24 72.00 14.74 233. 70 65.74 4.20 2,015.45 317,903.08 1, 903. 04 Traveling expenses Transportation of supplies . Heat, light, and power 1,870.96 3,431.33 72.00 21.07 35.81 Subsistence 74.61 292.63 142. 81 13,312.66 904. 53 12,337.50 14, 187. 80 15.00 1,387.29 149,200.00 3,673.76 308. 31 2,136.00 2,484.37 Medical supplies 147.01 5,083.02 1,206.00 20,411.13 Furniture 2,110.53 83,905.00 1, 344. 00 96,242.50 Fencing 12.48 "2,' 450.' 27' 15,544.28 2,465.27 1, 387. 29 72,200.00 8200,000.00 50, 700. 00 500. 13 472,100.00 Construction and repair of 8,891.30 279.28 33.60 2,555.41 13,065.19 Seed 476.85 60.10 1, 184. 51 756. 11 219.99 67,813.23 157.86 47,080.71 461.55 118,633.86 Total 83,009.11 200, 000. 00 270,240.79 100,000.00 116,212.76 769,462.66 2 Not paid in cash, hut deposited in bank to credit of each Indian and expended under supervision for industrial purposes. 384 INDIAN APPBOPEIATION BILL, 1917. The Southern Ute Indians were allotted several years ago in 80 and 160 acre tracts. These allotments, however, are only partially developed, and In some cases practically no development work whatever has been undertaken, largely for the lack of necessary funds. It will be noted that nothing was appropriated last year for the Southern Ute Indians from the principal of this fund, and the only money they have thus far received has been their pro rata share of the accumulated interest, amounting to $83,009.11, of which $72,000 was distributed in per capita shares of $200 each to the 360 Indians under this jurisdiction. This money, however, was not paid in cash but deposited in bank to the credit of each Indian and expended under supervision for industrial purposes. Of the remainder ($11,009.11), $9,824,60 has been expended for teams, implements, seed, and miscellaneous supplies, leaving a balance in the Treasury on July 1, 1915, of $1,184.51. From the principal of this fund, $50,000 is asked for herein for the Southern Ute Indians. This money will be used (1) to develop the individual holdings of the allottees; (2) in the purchase of live stock, implements, etc.; (3) for other industrial purposes wliich will benefit the Indians. An irrigation project has been constructed on this reservation at a total cost of $203,751.89, and in order to reaji proper benefit from this large expenditure the Indians must be provided with teams, agricultural implements, seed, and other supplies for' developing their allotments. The sum of $200,000 from the principal was appropriated for the fiscal year 1915 for the Indians under the Uintah and Ouray jurisdiction, plus their share of $270,240.79 in the accumulated interest, making a total of $470,240.79, of which $349,200 was expended in making a per capita distribution of $300 each to the 1,164 Indians under this jurisdiction. Of the remainder ($131,040.79), $53,227.56 has been expended for teams, implements, furniture, live stock, fenc- ing, lumber, seed, and miscellaneous purposes, leaving a balance in the Treasury on July 1, 1915, of $67,813.23, which will all be required for expenses of this nature during the current fiscal year. An extensive irrigation project has been constructed under this jurisdiction at a total cost of .'!!935,887.98, 83,282 acres of land being now under ditch. It will be noted, however, that only 6,167 acres have been actually brought under culti- vation by the Indians. Under present conditions it is necessary that all of this land be brought under cultivation and beneficial use made of the water not later than June and July, 1919, else there is danger of the forfeiture of the valuable water rights attached to the land. This land is very fertile and adapted to the growth of alfalfa, fruits, grain, and vegetables. However, much of it is now raw, unbroken sage-brush land, and it has been found liy actual experience that the cost of clearing the land, fencing it, as required by law, plowing, leveling, and constructing of necessary laterals and ditches, is about $10 per acre, and in the case of very rough or sandy land the cost is much greater than this. It is intended to expend the money asked for herein largely as follows : (1) For the purpose of dcAeloplng the land of all allottees who can not do such work themselves, tliereby perfecting the ^-sater rights. (2) To aid able-bodied Indians in the purchase of teams, implements, etc., so that they may develop their own lands, and (3) In cases where the land is already developed and the -water rights per- fected, to help the allottees in making better improvements, in the purchase of live stock, the erection of sanitary homes, and for such other industrial purposes as may be authorized. There is also hicluiled in this item $50,000 for the Indians under the Ute Mountain jurisdiction in (Colorado, who received $100,000 from the principal in the appropriation for the fiscal yenr 1915. plus their share of $116,212.76 in the .'iccumulated interest, making a total of .$216,312.76. Of this amount, $83,000 was expended for live stock, $.'0,700 in making a per capita distribution of $100 each to the 507 Indians under this jurisdiction, $34,.527.05 for forage, fences, sahiries, implements, construction, and repair of buildings, and miscellaneous supplier, leaving a balance in the Treasury on July 1, 1915, $47,080.71, which, however, will all he required for similar purposes during the current fiscal year. The Indians of this I'eservation are unallotted, and while reports apparently show 4(1,030 acres of a,i;ricultural land, yet much of it is not well adaiited to farmin.g. p,-irtly owing to lack of sufficient water. However, there are approxi- mately 31J3.O0O acres of good grazing land on this reservation; hence it will be necessary for the Indians to depend largely on the live-stock industry for self- INDIAN APPROPRIATION BILL, 1917. 385 support. Part of the grazing land is now leased to white stockmen, but as the contracts expire they will probably not be renewed, as it is planned to utilize the grazing lands of the reservation In developing the live-stock Industry among the Indians themselves. While this reservation Is adapted to the live-stock industry, yet considerable water development will be necessary in order to place the industry on a success- ful basis, and if appropriated it is proposed to expend the $50,000 asked for herein, largely for the purchase of additional live stock and for the development of an adequate water supply on the reservation. The following statement shows In a condensed form the industrial and economic condition of the Indians under the three tJte jurisdictions : Confederated Bands of Vtes. Reservation. Item. Soutbem Ute. Uintah and Om'ay. Ute Moun- tain. Total. Popiilation 366 96 70 6,800 2,600 1,161 291 199 92,328 6,167 524 102 3 40,030 24 Able-bodied male adults '489 Indians farming 271 Agricultural land t, 139, 158 8,691 Acreage cultivated Value of crops Jll,640 37,260 90, 047 $35,663 209,407 456,926 S423 44,800 62,098 J47, 682 Other property 608' 071 Total 127,307 666,333 106,898 899,538 Average per capita 348 39,480 573 228, 487 204 310,000 438 577, 967 It is believed that the amounts asked for herein are absolutely essential to the successful continuation of the industrial program formulated for these Indians in order to place them fairly on the road to self-support. The report requested may be found in House Document No. 137, Sixty-fourth Congress, first session. It is a short report and we will include it in the record. The Chairman. Do you desire to add anything else? Mr. Meeitt. Nothing, except to say that the total amount re- quested in this item is the same as last year. We have reduced the amount to go to the Confederated Bands of Ute Indians from $100,000 to $50,000, and are asking that the $50,000 be paid to the southern Ute Indians in Colorado, who share in this general tribal fund. The Chaiemai*. "Why is it necessary to put that additional lan- guage in the law ? Mr. Meeitt. Because last year we did not pay the southern Ute Indians any money direct, and we feel that we should. Of course, aU of this money will be apportioned among each tribe and each Indian will receive his per capita share. And we are asking this year that we have an appropriation of $50,000 to go to the Indians on the southern Ute Reservation. The Chairman. They share equally with the others? Mr. Meeitt. Yes, sir. This fund is the outcome of a decision by the Court of Claims which awarded these India,ns a judgment of three million and some odd dollars. 386 INDIAN APPKOPEIATION BILL, 1917. The Chaikman. The next item is: To carry into effect the provision of article nine of the treaty of March second, eigliteen liundred and sixty-eiglit (Fifteentli Statutes at Large, page six hundred and nineteen), with the Confederated Bands of Ute Indians, for furnishing seeds and agriciiltural implements, tlie sum of $10,000, or so much thereof as may be necessary. Mr. Meeitt. I offer for the record the following justification: Support of Confederated Bands of XJtes — seeds and implements — XJtah. Fiscal year ending June 30, 1916, amount appropriated $10, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 10, 000. 00 Amount expended 4, 779. 95 Unexpended balance 5, 220.05 ANALYSIS OF BXPENDITUEES. Forage . 82. 52 Agricultural implements 3, 120. 80 Seed 1, 576. 63 * Total 4, 779. 95 Article 9 of the treaty dated March 2, 1868, reads as follows : " When the head of a family or lodge shall have selected lands and received his certificate as above described, and the agent shall be satisfied that he in- tends in good faith to commence cultivating the soil for a living, he shall be entitled to receive seeds and agricultural implements for the first year not exceeding in value $100, and for each succeeding year he shall continue to farm, for a period of three years more, he shall be entitled to receive seeds and im- plements as aforesaid not exceeding in value $50 ; and It is further stipulated that such persons as commence farming shall receive instructions from the farmer herein provided for ; * * * " The Indians of the Southern TJte and Uintah and Ouray jurisdictions have been allotted, and of the total population of the two jurisdictions (1,527) 390 are heads of families and would be entitled to seeds and implements under this treaty provision if cultivating the soil. The Navajo Springs Utes are unal- lotted and hence would not share in such benefits from this particular fund. The Southern Ute Indians are very backward, from an Industrial standpoint, 70 cultivating 2,500 acres of land during the fiscal year 1915, producing crops valued at $11,640, practically all of which was used for home consumption. The value of agricultural implements owned by them, exclusive of vehicles, is only $5,000. Under the Uintah and Ouray jurisdiction 199 Indians engaged in farming during the fiscal year 1915 and produced crops valued at $35,663, the value of agricultural implements owned by them being $12,000. While they are better situated than the Southern Utes, yet they also need additional "agricultural tools and implements, which this treaty item will assist in providing. This item was first included in the Indian act for 1915. The Chairman. The next item is: For continuing the construction of lateral distributing systems to irrigate the allotted lands of the Uncompahgre, Uintah, and White River Utes, in Utah, and to maintain existing irrigation systems, authorized under the act of June twenty-first, nineteen hundred and six, reimbursable as therein provided, $40,000, to remain available until expended: Provided, That this appropriation shall be used to hold, maintain, and operate said system so as to secure to the Indians their paramount rights to so much of the waters of the streams in said reservation as may be needed by them for agricultural and domestic purposes, and to regulate the use, enlargement, and extension of said system by any person, association, or corporation under the provisions of the act of June twenty-first nineteen hundred and six (Thirty-fourth Statutes at Large, page three hundred and twenty-five), only upon the acquisition of a right thereto as provided in the act_of March first, eighteen hundred and ninetv-nine (Thirtieth Statutes at Large, pagfe nine hundred and forty-one). INDIAN APPBOPRIATION BILL, IQll. 387 Mr. Meeitt. Mr. Chairman, that amount should be $40,000, in accordance with our estimates. The Chairman. $40,000 instead of $10,000? Mr. Meritt. Yes, sir; and I submit the following justification in support of the item : Irrigation system, Uintah Reservation, Utah (reimWrsaUe) . Fiscal year ending June 30, 1916, amount appropriated $10, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 10, 000. 00 Unexpended balance from previous years 87, 765. 12 97, 765. 12 Amount expended 36, 458. 01 Unexpended balance 61, 307. 11 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 30, 594. 41 Traveling expenses 758. 45 Transportation of supplies 194. 59 Heat, light, and power (service) 20.73 Telegraph and telephone service 18.27 Printing, binding, and advertising 3. 35 Forage 2, 192. 07 Fuel 79.90 Stationery and office supplies 10. 65 Medical supplies 16. 63 Equipment, material, etc 2, 292. 86 Repairs to buildings 254. 02 Rent 15.00 Miscellaneous 7. 08 Total 36, 458. 01 Z'iiilah Reservation irrigation project. Indian tribes: Uucompahgre Utes. Number of Indians _^ 1, 185 Area of reservation, acres 2,600,000 Area irrigable from constructed works, acres 77, 682 Area actually irrigated, acres 18. 399 Area farmed by Indians, acres 6, 167 Area farmed by lessees, acres f*. 116 Area farmed by white owners, acres 3. 11*5 Area of whole project, acres 83, 282 Cost of irrigation construction $819, 4.59. 02 Cost of irrigation operation and maintenance and miscellaneous— .$116, 428. 96 Maintenance collections -f-S, ^l^- ^^ Average value of irrigated lands, per acre ^^0 Average annual preripitation, inches ^ Source of water supply : Green River system. Market for products: Local (fair). Distance from railroad : 90 miles. ^! „ „ The Uintah irrigation system is now being operated over portions ot the entire area of the former reservation and covers a very large acTeage. This involves more work than if the irrigated lands were m ^ compact body and as the small ditches are not built until there is a necessity for them this con- structTon is evidence of increasing irrigated area and may be expected to con- *''tL m^stTSn^ordi'version boxes and checks is becoming imperative owing to the increaseT acreage under cultivation. This is also an expense incidental to the utilization of the system. 388 INDIAN APPROPRIATION BILL, 1917. Most of tlie structures of tliis system are of timber, and replacements and repairs are constantly needed. The distance from a railroad makes the expense of cement structures very high, which has prevented their use. The estimate includes salaries and wages, telegraph and telephone service, heat, light, and power service, fuel, forage, material for construction and repairs, repairs to buildings and property, and traveling expenses. The total number of Indians attached to this reservation is 1,185, and there are nearly 80,000 acres included in the present areas under ditch. A large advance has been made in the amount of land which is actually being cultivated, the area having been more than doubled during the past year, nearly 40,000 acres actually being irrigated at the end of the irrigation season, and it is expected that this area will be considerably increased, requiring, of course, larger expenditures for proper upkeep and operation of nearly 200 miles of canal and more than 600 wooden structures. The unexpended balance in this appropriation on July 1, 1915, was $61,307.11, the appropriation made for the fiscal year 1916 was $10,000, thus a total of $71,307.11 being available for the project construction and maintenance. The cost for 1915 reported by the chief engineer is approximately $37,500. The work for the current fiscal year is expected to cost $15,000 or $20,000 more than last year's cost on account of the necessary construction of lateral ditches and structures for control, measurement, and distribution of water and some in- crease in the maintenance expenses, aggregating probably $55,000. This will leave about $16,000, which, with the amount of the 1917 estimates, will provide for continuing the work during 1917 on the same scale as is now necessary. The preparation of a large area of land for actual irrigation requires this work and its completion at an early date to permit such irrigation as must be done to perfect the water rights. The increase nest irrigation season, which occurs during the current fiscal year, will be about 20,000 acres. As 18,000 acres are now irrigated it will be seen that 20,000 acres per year for the next three years will provide for not quite the whole area of land to be irrigated, and by the end of that period our priority under State filings must be protected by actual use of water. The Chairman. This is the same amount tliat you had last year? Mr. Meeitt. No, sir; we only asked for $10,000 last year because of the large amount of unexpended balance. We are doing some un- usual development work on this reservation. We have put 20,000 acres of land under irrigation within the last two years. It is neces- sary that we build laterals to the allotments of the Indians in order to preserve their water rights, and we will need this additional ap- propriation for that purpose. The appropriation is reimbursable. The Chairman. Have the Indians requested this as a tribe? Mr. Meritt. No, sir; they have not requested the appropriation, but they are cooperating with us in getting the lands under cultivation. The Chairman. Is there any protest against this legislation ? Mr. Meritt. No, sir; although if the question should be raised now I doubt if we would expend at this time the amount that has been expended on this irrigation project. It was constructed several years ago and about $1,000,000 has been expended on the project — between $900,000 and $1,000,000. The Chairman. I see you have added quite a long provision relat- ing to the manner in which this appropriation shall be used. Is that necessary in order to make the law more explicit? Mr. Meritt. It is necessary to moi'e thoroughly secure the water rights of the Indians. The Chairman. And to maintain them in the future? Mr. Meritt. Yes, sir. The Chairman. The next item is : WASHINGTON. Sec. 25. For support and civilization of the D'Wamish and other allied tribes in Washington, including pay of employees, $7,000. INDIAN APPEOPEIATION BILL, ISW. 389 Mr. Meeitt. I offer the following justification in support of this item: Support of D'Waniish and other allied tribes in Washington. Fiscal year ending June 30, 1916, amount appropriated $7, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 7, 000. 00 Amount expended 6, 770. 83 Unexpended balance 229. 17 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 5, 252. 00 Traveling expenses 108. 50 Telegraph and telephone service 61. 50 Forage 315. 43 Fuel 478.67 Stationery and office supplies 2. 30 Medical supplies 411. 31 Equipment, material, etc ^- 142. 02 Miscellaneous 9. 10 Total 6, 770. 83 This appropriation is required for the administration of the affairs of the Indians under the jurisdiction of Tulalip Agency, comprising four widely separated reservations, with a total population of 1,239 Indians. It is used for the pay of employees, equipment, medical supplies, and general support items. The Chairman. The next item is : For support and civilization of the Makahs, including pay of employees, $2,000. Mr. Meeitt. I offer the following justification in support of this item: Support of MaJcahs, Washington. Fiscal year ending June 30, 1916, amount appropriated $2, 000. 00 Fiscal year ended June 30, 1915: Amount appropriated 2, 000. 00 Amount expended 1> o86. 87 Unexpended balance 413. 13 ANALYSIS or EXPENDITUEES. Salaries, wages, etc ^^0. 00 Traveling expenses °i- ^ Transportation of supplies 1^°- °^ Subsistence supplies 14J. 41 Dry goods, clothing, etc J-- ^" Forage «^- 0° Fuel 5°^ Stationery and office supplies 101 04 Medical supplies ^^i- "^ Equipment, material, etc '^"■^- "^^ Total !• 586. 87 This appropriation is required for the administration of the affairs of the Makah Indians, numbering 401, under the jurisdiction of Neah Bay Agency. It Is used for general support items and the pay of one clerk. The Chaieman. The next item is : For support and civilization of Qui-nai-elts and Quil-leh-utes, .including pay of employees, $1,000. 390 INDIAN APPKOPEIATION BILL, 1917. Mr. Meeitt. I offer the following justification in support of that item: Support of Qui-nai-elts and Quil-leh-utes, Washington. Fiscal year ending June 30, 1916, amount appropriated $1, OOP. 00 Fiscal year ending June .SO, 1915 : Amount appropriated 1. 000. 00 Amount expended 81'''- 80 Unexpended balance 182. 20 ANALYSIS OF EXPENUITUEES. Traveling expenses 117. 80 Subsistence supplies 300. 00 Equipment, materials, etc 400. 00 Total 817. 80 This appropriation is required for the administration of the affairs of 958 Indians of the two tribes mentioned, under the jurisdiction of Taholah and Neah Bay Agencies, respectively. It is used for traveling expenses and general support items. The Chairman. The next item is : For support and civilization of Indians at Yakima Agency, including pay of employees, $3,000. Mr. Meeitt. I'he following justification is submitted in support of that item. Support of Indians at Yakima Agency, Wash. Fiscal year ending June 30, 1916, amount appropriated $3, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 3, 000. 00 Amount expended 2, 947. .38 Unexpended balance 52. 62 ANAIYSIS or EXPENDITURES. Salaries, wages, etc 455. 75 Telegraph and telephone service 121. 51 Subsistence supplies 186. 65 Dry goods, clothing, etc .52 Forage 742. 42 Fuel 222.89 Stationery and office supplies 190. 00 Medical supplies 428. 38 Equipment, material, etc 599. 23 Total 2, 947. 38 This appropriation is required for the administration of the affairs of 3,149 Indians at Yakima Agency. It is the general support fund from which equip- ment, fuel, forage, medican and other supplies, and miscellaneous items are provided. The Chairman. The next item is : For support and civilization of Indians at Colville, Taholah, Puyallup, and Spokane Agencies, including pay of employees, and for purchase of agricul- tural implements, and support and civilization of Joseph's Band of Nez Perce Indians in Washington, $18,000. INDIAN APPEOPEIATION BILL, 191*7. 391 Mr. Meeitt. The following justification is submitted, Mr. Chair- man: Support of Indians of Colinlle and Puyallup Agencies and Joseph's Band of Nex Pcrccs, Wusliingtojt. Fiscal year ending June 30, 1916, amount appropriated $13, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 13, 000. 00 Amount expended 9, 694. 84 Unexpended balance 3, 305. 16 ANALYSIS OF EXPENDITTJEES. Salaries, wages, etc 6, 213. 98 Traveling expenses 902. 04 Transportation of supplies 243.05 Telegraph and telephone service 239. 41 Printing, binding, and advertising 8. 60 Subsistence supplies 335. 44 Forage 1, 319. 68 Fuel 187.50 Stationery and office supplies 37. 1 000. 00 Amount expended 862. 3.5 Unexpended balance 137. 65 ANALYSIS OF EXPENDITTJEES. Salaries, wages, etc $590. 50 Equipment, material, etc 271. 85 Total 862.35 This appropriation is required to enable the office to carry out the following provision of the agreement with the Spokane Indians dated March 18, 1887 (Kappler^53), ratified by the act of July 13, 1892 (27 Stat., 120-139). " It is further agreed that in addition to the foregoing provisions the United States shall employ and furnish a blacksmith and a carpenter to do necessary work and to instruct the Indians, parties hereto, in those trades." The Chairman. The next item is : For operation and maintenance of the irrigatii>n system on lands allotted to Yakima Indians in Washington, $15,000, reimbursable in accordance with the provisions of the act of March 1, 1907 : Provided, That money received under agreements for temporary water supply may be expended under the direction of the Secretary of the Interior tor maintenance and improvement of the irriga- tion system on said lands. Mr. Meritt. We offer the following justification for this item : Maintenance and operation, irrigation system, Yakima Reservation, Wash. {rciinhiirsable). Fiscal year ending June 30, 1916, amount appropriated $15, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 15, 000. 00 Amount expended 15, 107. 75 Overdrawn 107.75 ANALYSIS or EXPENDITURES. Salaries, wages, etc , 11,910.20 Traveling expenses 104. 00 Transportation of supplies 192. 60 Heat, light, and power service 6. 00 Telegraph and telephone service 47.02 Forage 271. 78 Fuel 25. 40 Stationery and oflice supplies 42.55 INDIAN APPEOPKIATION BILL, 1917. 393 Equipment, material, etc $2,260.85 Repairs (to plant) 14.85 Rent 135. 00 Miscellaneous 97. 50 Total 15, 107. 75 This amount is needed for maintenance and repair of the canals and struo tures of this very extensive project. There are more than 400 miles of canals and 3,278 structures to keep up. Many of the smaller structures are of timber 17 to 18 years old and are replaced as they gradually fail. A maintenance charge is collected from the non-Indian irrigators, and the amount here requested will be required as the proportion for the Indians themselves. Mr. Carter. What is the necessity for that proviso, Mr. Meritt? Mr. Meritt. It is in oider to enable us to use the proceeds from water supplied to maintain the irrigation ditches and laterals. We are selling certain of the Avater supply out there, and we want to use the proceeds in keeping the irrigation system in order. Mr. Carter. You are not permitted to do that now ? Mr. Meritt. No, sir. Mr. Carter. How much is that, usually? Mr. Eeed. Well, the funds tkat are covered there come from the charges made for the delivery of water throughout the ditches to lessees and white owners, etc. That has been running from 50 to 75 cents per acre per year and runs from $15,000 to $20,000. Mr. Carter. So' you would have $30,000 or $35,000 instead of $15,000? Mr. Eeed. Yes. There is, however, on that reservation about 38,000 acres under cultivation right now. Mr. Carter. How much land is owned by white people there ? Mr. Eeed. I imagine we have been talking about different matters. The Chairmax. Can you furnish us that information? Mr. Eeed. I can give you that amount right now. Nine thousand eight hundred and forty acres are owned and irrigated by white men. Mr. Carter. How did they get title to this land? Mr. Eeed. Thev have purchased allotments. Mr. Carter. From inherited estates or from the Indians them- selves ? Mr. Eeed. Inherited, mostly. Mr. Meritt. Both. Mr. Carter. If the land was allotted to an Indian with a water right, does not that water right follow the land when the white man purchases it ? Mr. Eeed. I do not want to pass on that question. Mr. Carter. Are any of them who purchased land with a water right paving for the water right now ? Mr. Meritt. There is not any water right paid for entirely. Mr. Carter. I mean, water supplied? Mr. Cotn-xer. The matter under discussion relates not to the money collected as maintenance charges, which amounts to several thousand dollars, but to certain small amounts of money, probably $2,000 or $3,000, which will be derived under agreements for a temporary storage supply which have been made with certain owners of irrigable lands. The act of August 1, 1914, provided water for 40 acres of each allotment, but only a part of those allotments can be reached; we have water which can not be used for the land for which it was 394 INDIAN APPBOPEIATION BILL^ 1917. provided, and in order to prevent any legal complications we have prescribed contracts for the temporary use and supply of this water on other lands; that is, lands Avithin the service of the ditches, but which only have a partial water supply. And it is only a small amount of money that this proviso is supposed to cover. The Chaikjian. Could you give us a statement showing how much money has been received and how much money has been expended ? Mr. CoNNEK. I will get the figures. The Chairman. And put that information in the record at this point ? Mr. Meeitt. The amount collected to June 30, 1915, under agree- ments for temporary water supply is $5,202.53, the total to November 30, 1915, being $5,330.53. Mr. Norton. Mr. Eeed, I understood you to say you were not now permitted, under existing law, to expend the money received from rentals for the maintenance of this project. Is that a fact? Mr. Reed. No ; I did not intend to say that, if I did. Mr. Norton. What is the cost of the maintenance and operation of the project noAv ? Mr. Reed. I do not know that we have it here. We can give it to you, though, if you would like to have it. Mr. Norton. It is very much in excess of $15,000, is it not? Mr. Reed. Oh, yes ; in that country it will run fully $1 an acre. Mr. Norton. Is this plant paying operating expenses? Mr. Conner. Yes, sir ; the charge is fixed at the rate, I believe, of $1 per acre, and that is about what it costs. Mr. Norton. And this $15,000, or any portion of it, is not to be used to help pay for the actual maintenance of the plant, is it? Mr. Conner. Practically; yes, sir; but it is reimbursable by the Indians, and it is used in some cases to defray expenses where the Indians have no individual funds, where the land is not leased, and the Indian is farming it himself. Mr. Norton. The amount appropriated in 1916 was $15,000 ? Mr. Conner. Yes, sir. Mr. Norton. Has any part of that been reimbursed ? Mr. Conner. It is all reimbursable. Mr. Norton. But has it been reimbursed? Mr. Conner. No. Mr. Norton. How much did this plant cost ? Mr. Conner. So far the expenditures on this reservation amount to about $600,000. Mr. Norton. Is it not a fact that this is one of those plants that does not pay for its maintenance and operation ? Mr. Conner. Yes, sir. Mr. Campbell. Has it been the custom to collect for water given to users and to use that money in paying the expenses of maintain- ing the ditches ? Mr. Reed. Yes, sir ; for the last two or three years. Mr. Campbell. By what authority have any moneys that have been collected been used in that way ? Mr. Conner. The act of August 1, 1914. Mr. Meritt. There is a provision in the general' irrigation items at the beginnmg of the appropriation bill, the second item which gives authority to do that. INDIAN APPBOPRIATION BILL, 1917. 395 Mr. Conner. I would say, in connection witli this project, that from the tabulated statement it seems that the collections for opera- tion and maintenance to date have exceeded by $2,000 the total cost of operation and maintenance to date. Mr. Campbell. I would suggest that you furnish an itemized statement of the moneys collected and the manner in which they have been expended. Mr. Meeitt. And do you desire to know the total cost of this project? Mr. Norton. Yes ; if that will not be too much trouble. Mr. Meritt. The statement requested is as follows : The total maintenance collections on the Wapato project, Yakima Keserva- tion, to June 30, 1915, is shown In the justification to be $133,096.79. The total cost of maintenance and operation to June 30, 1915, is shown to be $131,132.48. The amount expended during the fiscal year 1915 is $34,180.63, classified as follows : . Salaries and wages $30, 311. 08 Travel expenses 86. 05 Heat, light, and power 19.70 Telegraphing and telephoning 121. 41 Printing 1.10 Forage 166.91 Fuel 216. 62 Stationery 365.26 Equipment 2, r)49. 92 Rent 265.00 Miscellaneous 77. 58 Total 34, 180. 63 The work of maintenance and operation is under an engineer, at a salary of $2,100 per annum, and a supervisor of ditches, at $1,800 per annum. The force consists of 12 ditch riders, at salaries not exceeding $1,080 per annum, and necessary survey parties, foremen, and repair crews of laborers and mechanics. The total cost of construction of this project to June 30, 1915, is $312,494.34, to which is to be added part of an undistributed sum expended on the Yakima Reservation, amounting to $188,175.17. Revision and distribution not yet com- ' pleted. The Chairman. The next item is : For support and education of three hundred and fifty Indian pupils at the Cushman Indian School, Tacoma, Washington, including repairs and improve- ments, and for pay of superintendent, $50,000, said appropriation being made to supplement the Puyallup school funds used for said school. Mr. Meeitt. I offer the following justification for this item : Indian school, Tacoma, Wash. Fiscal year ending June 30, 1915, amount appropriated $50, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated oO, 000. 00 Amount expended 49, 155. 84 Unexpended balance 844. 16 ANALYSIS or EXPBNDITXmES. Salaries, wages, etc 22, 411. 61 Heat, light, and power (service) 1 1 IS Telegrapfi and telephone service ki oo Printing, binding, and advertising 51.90 396 INDIAN APPEOPRIATION BILL, 1917. Subsistence supplies — ^ ^^' ^^^- ^ Dry goods, clothing, etc !> ""^- "° Forage 336. 50 Fuel 10, 720. 78 Stationery and office supplies 238, 98 Educational supplies 554. 91 Medical supplies 157. 82 Equipment, material, etc 1, 510. 17 Repairs (to plant) 1,831.64 Miscellaneous 98. 65 Total 49, 155. 84 Statistical statement for year ending June 30, 1915. Value of school plant — real property $302, 427 Number of buildings 39 Number of employees 33 Average attendance of pupils 306 Enrollment.: 382 Capacity 350 Cost per capita based on enrollment ^ $183 Cost per capita based on average attendance ^ $228 Area of school land (acres) 43 Area of school land (acres cultivated) 11 Value of products of school $850 Superintendent's estimate of absolute needs for 1917 : Support $59,895 Repairs and Improvements 105 Total 60, 000 Requested in laroposed bill: Support and education of 350 Indian pupils at the Cushman Indian School, Tacoma, Wash., including repairs and Improvements and superintendent's salary, $50,000, being made to supplement the Puyallup School funds used for said .school. Salaries. Superintendent $2, 000 Clerk 1, 000 Assistant clerk 800 Physician 600 Assistant superintendent and principal 1, 500 Teacher 630 Do 630 Do 600 Do 600 Do 600 Instructor of forging 900 Manual-training teacher 1, 000 Do 1,200 Matron 660 Boys" matron 600 Assistant matron 500 Do 500 Salaries. Housekeeper $720 Nurse . Seamstress Laundress Baker Cook Assistant cook_ Tailor Gardener 720 600 500 300 660 ,300 900 720 Engineer 1, 200 Disciplinarian^ Carpenter. Fireman Do___ Laborer __ Do___ 720 840 840 300 500 500 Total 24,640 This is the same amount that was appropriated last year and provides for- 3!50 pupils plus the superintendent's salary, $2,000. Tlie school has heretofore been supported to a considerable extent out of special funds available only here. These funds are not large enough now to take care of the support and repairs and improvements that are necessary to be made to the plant. iThis includes .$708.47 used in (lie transportation of pupils. There was alsd" expended .$21,704 Puyallup funds and .$272.88 "Miscellaneous receipts. Class IV." INDIAN APPEOPEIATION BILL, 1917. 397 spJclal^aT/r"/^" ^^^""-^ '® ^^^ ^^^* equipped trades school in tlie Northwest and occupations "" '' ^'''"" '" ''"' '^"^'"^ °* ^''^P^'-^^S ^"^'"" P^P"« for useM The Chairman. The next item is : utmzatir'5'wZv''nr .'lr,'''f'"'!.*''^ ^''^'^'"^^ ^'^^^- f«'' the diversion and Yakfma Reservation W^^h "^ ^f' ^l '\T^' °^ «'''^^'^ I"'!*'"^ allotment on the 01 obTainabll foi- thP^H^nt . '^ such other water supply us may be available mnHn said reirvntinn !,^!i V °\'' •*°''^^ °* ^^0,000 acres of allotted Indian hfdistrZtion nnrt din n *^ for beginning the enlargement and extension of diatelv ava^laWe^n,! .^ ^^'^ P-^'^t*^™. »" ^^id reservation, $200,000, to be Imme- : I available and to remain available until expended- Provided Thnt the Tel-^mbursld'to the'lS ".^^ T .^.-^ributioif and drainage systlmlhaU ne leimomsed to the United States by the owners of the lands irrieable there under in not to exceed 20 annual payments, and the Secretary of the Interior mrect ''''^"' °° '''"' "^^i^te^i'^'^'^e charges which shall be pafd as he may In the apportionment of charges against Indians, due allowance shall be ^f'reimhur^^L''^''"'' ^%'°'^' ^"'*^ ^^^° ^'^P^"^ the'united States on accoun! of reimbursable appropriations heretofore made for this proieet, and for the emberor"904 sl Itaf I'^n '^'^^ """Z '' '''' ^^^^^^^ "^ '^'^ -* of De! cemoer _l 1904 (S3 Stat. L., p. 595), as therein provided. All charges against Indian allottees herein authorized, unless otherwise paid, may be paid from individual shares in the tribal fund when the same is available for distri- bution; and If any allottee shall receive patent in fee to his allotment before the amount so charged against him has been paid to the United States then such amount remaining unpaid shall be and become a lien upon his allot- ment, and the fact of such lien shall be recited in such patent and may be enforced by the Secretary of the Interior by foreclosure as a mortgage, and should any Indian sell any part of his allotment with the approval of the Secretary of the Interior, the amount of any unpaid charges against the land sold shall be and become a first lien thereon and may be enforced by the Secretary of the Interior by foreclosure as a mortgage, and delivery of water to such land may be refused within the discretion of the Secretary of the Interior until all dues are paid : Provided further. That no right to water or to the use of any irriga- tion ditch or other structure on said reservation shall vest or be allowed until the owner of the land to be Irrigated as herein provided shall comply with such rules and regulations as the Secretary of the Interior may prescribe, and he is hereby authorized to prescribe such rules and regulations as he may de- termine proper for making effective the foregoing provisions, and to require of owners of lands In fee such security for the reimbursement herein required as he may determine necessary and to refuse delivery of water to any tract of land until the owners thereof shall have complied therewith. Mr. Mebitt. I offer the following justification for that item: Yakintn Reservation, Wapato project. Indian tribes : Confederated Yakimas. Number of Indians 3, 052 Area of reservation, acres 1, 145, 069 Area irrigable from constructed works, acres 40,000 Area actually irrigated, acres 37,424 Area farmed by Indians, acres 5, 415 Area farmed by lessees, acres 22, 169 Area farmed by white owners, acres 9, S40 Area of whole project, acres 120, 000 Cost of irrigation construction .'P312, 494. 34 Cost of irrigation, maintenance, operation, and miscellaneous $131,132.48 Collections for operation and maintenance $133, 096. 79 Estimated additional cost to complete project .1!2, .3.50, 000 Estimated total cost of irrigated lands, per acre $24 Average value of irrigated lands per acre $125 Average annual precipitation, inches ^ 7 Source of water supply : Yakima River. Markets for products: Local and general (excellent). Distance from railroad : to 20 miles. 20527—16 26 398 IXDIAN APPBOPEIATIOlf BILL, 1917. The act of August 1, 1914 (SS Stat. L., 604), provides for water for 40 acres of each Indian allotment within the Wapato project. At the present time about 250 of the 1,800 allotments are provided with water, while the remaining 1,550 have no facilitie.s whatever for furnishing them with the water provided by Congress. The water users claim that the present lack of diversion works hag caused considerable damage to crops this season. It is now necessary each year to do considerable temporary work at the head of the two reservation canals. Qliis work can not be done until the river gets low, and then it can not be done sufficiently fast to supply the demand for water. The river channel at the old reservation canal has so changed that it is impossible to get water into the canal when there is plenty of water in the river, although more work lias been done than usual. The amount requested would enable all the wat^r to be taken through the main re.servation canal, which, with the diversion dam, would properly control the water at all times. Under the present system a sununer flood might de- stroy all temporary work and leave the reservation canals high and dry, damaging the ^^•ater users thousands of dollars before the water could again be diverted. In a period of 10 years the cost of these temporary methods of diversion will amount to more than the cost of the proposed diversion dam. The estimates submitted are intended to be spent as follows : Diversion dam and headgate at Union Gap, including raising the Northern Pacific tracks, complete; beginning work of enlarging main canal with neces- sary structures, bridges, laterals, etc. ; beginning ^^•ork on the main supply and power canal with necessary structures ; beginning ditches to properly drain more of the lancl now irrigated. In order that the work may be carried on in an economical manner, we should complete the project within a period of five or six years, and sufTicient funds should be furnished, If possible, to construct the works which are re- quired each year, so as to make use of the appropriation already expended. The estimated value of the crops raised upon the 37,000 acres now Irrigated 'for the season of 1915 Is $1,110,000, based on accurate crop census. At this rate the completed project of 120,000 acres would produce approximately* $4,000,000, or more every year than the entire cost of the completed project. The Chaiejian. Do you desire to make any further statement in connection with this item? Mr. Eeed. This is required for the construction of a dam. The Congress has provided that 720 second- feet shall be provided by the Reclamation Service from storage, so that there will be a perpetual supply at the head of Yakima ditch of 720 second-feet. At the present time there is no diversion dam and heretofore they have made annual attempts to divert by means of temporary construction but, as is usual with all such temporary construction, it has been taken away with the floods, and it will require a permanent dam entirely across the river before there can be anything safe and of a perma- nent nature. This will not require the entire $200,000. The purpose is to -enlarge and extend the ditch so that the land which was pro- vided for in the act of Congress can receive some of the water which has been provided for it. At the present time many of the 40 acres, which are provided for by act of Congress, can not receive any of the water because there is no canal system leading to it. Mr. Campbell. The irrigation system was constructed without providing for water? Mr. Eeed. A portion of the irrigation system, yes. That may be explained in this way, that at the time this was constructed, some years ago, the waters of the Yakima River had not been appro- priated, the flow was always much larger than it is now, and at the time it was initiated it was probably not necessary Mr. Carter (interposing). You mean it had not been appro- priated above this point? INDIAN APPBOPEIATION BILL, 1917. 399 Mr. Eeed. Yes, sir. It was not necessary to put in a diversion dam because there was depth enough in the river to supply the canal. Since that time every drop of the normal flow of the river has been appropriated and the Eeclamation Service is spending millions in storing all of the flood water at the present time. The Chairman. Is it proposed to build this dam above the Sunny- side Dam, where the intake for the Sunnyside plant is ? Mr. Reed. Yes, sir. The Chairman. And the Indians will get the water ahead of this if this dam is constructed? Mr. Eeed. The Indians' dam is above the point of the diversion of the Sunnyside, yes. Mr. Carter. Is it to be where the dam is now ? Mr. Reed. Yes, sir ; nearly. It turns in at the same head but not at the same location. Mr. Carter. Have they not also increased the capacity of the lake at the head of the Yalrima River ? Mr. Reed. You mean in storage? Mr. Carter. Yes. Mr. Reed. Oh, yes ; there are two or three reservoir sites that they are working on now. That is, the Reclamation Service, however. Mr. Carter. The difficulty now is that you can not put the water back upon the high lands. Is that what you mean ? Mr. Reed. The difficulty now is that at the low-water flow of the river we can not get water into the canals. The Chairman. The canals are higher than the water of the river ? Mr. Reed. Yes. Only a small portion of the water flows into the canals, the canals being at the grade of the river. This year there was quite a shortage. Mr. Meritt. Mr. Chairman, in order to save time I would suggest that the next few items are legislative items, and for those I will place justifications in the record. The Chairman. The next item is: That the Secretary of the Interior be, and he is hereby, authorized to patent to the Washington State Historical Society, for memorial and park purposes, the following described lands in the diminished Colville Indian Reservation, in the State of Washington, to wit : A tract of land not exceeding 4 acres in area located in the northwest corner of lot 2 of section 17, the precise description of said tract to be determined by said Washington Historical Society and the Secretary of the Interior prior to the issuance of the patent therefor, and lot 7, containing 20.90 acres of section 21, all in township 30 north, range 25 east of the Willamette meridian, in Washington: Provided, That the lands hereby granted shall be paid for by the said society at their appraised value, to be ascer- tained in such manner as the Secretary of the Interior may prescribe, and the proceeds thereof placed in the Treasury of the United States to the credit of the Indians belonging on the reservation of which the lands herein described are a part and thereafter paid to the said Indians or used for their benefit in such manner as the Secretary of the Interior may deem for their best interests : Pro- vided further. That the lands hereby granted shall be subject for a period of 25 years to all the laws of the United States prohibiting the introduction of intoxi- cants into the Indian country. Mr. Meritt. I offer for the record the following justification, Mr; Chairman : The proposed conveyance to the Washington State Historical Society of cer- tain land on the Colville Reservation was first brought up in Senate bill 5379, Sixty-second Congress, third session. In March, 1912, Special Allotting Agent Hunt and Superintendent Johnson in charge of the reservation made what ap- 400 INDIAN APPEOPEIATION BILL, 1917. pears to have been a careful investigation into tlie historical interests of the lands as described in the original bill, and suggested certain changes in descrip- tions for the reason that parts of the lands therein were then Included in allot- ment selections and also for the further reason that the original descriptions covered three detached pieces of land. The matter was gone over at that time in the field with the secretary of the historical society, who expressed the willingness to confine the selections of the society to a tract of about 4 acres in the northwest corner of lot 2, on which the Astor Oo.'s settlement was made, to lot 4 In section 18, on which there is evi- dence of excavation made years ago, and to lot 7 of section 21, on which the Hudson Bay Co.'s fort was located. At that time the superintendent reported that lot 4, of section 18, just mentioned, was requested at the solicitation of the people of the neighboring town of Brewster who erected a flagpole thereon on July 5, 1911, the centennial of the discovery of the Okanogan Elver. A new bill was therefore drafted and transmitted to the Congress with the favorable report of the department July 12, 1912. The department made another favorable report on the proposed legislation, as Senate bill 3130, in January, 1915, in its letter to Hon. William J. Stone, then chairman of the Senate Committee on Indian Aifairs. Provision was made in the original bill and in the new form, as proposed by the department, and also in Senate bill 3130, for paying to the Indians the appraised value of the lands and to provide that the lands shall be subject for a period of 25 years to all the laws of the United States, prohibiting the introduction of intoxicants into the Indian country. In view of these two provisions and of the fact that no doubt the people of that particular locality of the State attach great historical im- portance to the trading posts of the Hudson Bay and Astor Companies, appar- ently no reasonable grounds exist for objecting to the passage of the item in the form suggested by the department. The Chairman. The next item is : That there be, and hereby is, granted to school district No. 56, Klickitat County, Wash., the northwest quarter of the northwest quarter of the northeast quarter of the northeast quarter of section 11, township 6 north, range 14 east of the Willamette meridian, containing 2J acres, now used as a public-school site by said district, and being a part of the Yakima Indian Reservation, and the Secretary of the Interior is authorized to issue patent to said district for said lands, the same to be used for school purposes. Sir. Meeitt. I offer for the record the following justification, Mr. Chairman : School district No. 56, Klickitat County, Wash., is situated, in part at least, within that portion of the Yakima Indian Reservation which was annexed thereto in section 1 of the act of December 21, 1904 (33 Stat. L., 595, 596). The school grounds are described as the N^^'. i of NW. i of NE. J of NE. i, sec. 11, T. 6 N., R. 14 E., W. M., containing 2i acres. The act contained a provision that "where valid rights have been acquired prior to March fifth, nineteen hundred and four, to lands within said tract by bona fide settlers or purchasers under the public-land laws, such rights shall not be abridged, and any claim of said Indians to these lands is hereby declared to be fully compensated for by the expenditure of money heretofore made for their benefit in the construction of irrigation works on the Yakima Indian Reservation." The district was established, as the record indicates, prior to the annexation, a public school having been conducted on the tract for more than 20 years. The provision above cited, however, does not appear to be for the benefit of any but " bona fide settlers or purchasers." As better facilities are now imperative, and the 2i acres occupied for public- school purposes are not required for Government, administrative, or Indian use. and are not claimed by any Indian, and the policy of the Indian Office has been to encourage the establishment and maintenance of public schools within Indian reservations, it is believed a patent should issue to the school board. The Chaiisman. The next item is : That the Secretary of the Interior be, and he is hereby, authorized to make an allotment of not more than 80 acres of land within the diminished Colville Indian Reservation, in the State of Washington, to Se-cum-ka-nuUax in lieu INDIAN APPROPRIATION BILL^ 1917. 401 foi that part of his homestead emhraced within allotment No 36 to Spr,,mlo said allotment embraced within said entry is hereb, extinguished '* ^"'* "' Mr. Meeitt. I offer for the record the following justification, Mr. enn^Tf one CMrie^' M "wTh?"'' ^^^•«'^«o" «* 'he inclusion in the homestead Se cumin m,ii„l\ M- Hickerson of a part of the land previously allotted to be-cum-ka-nullax (now deceased), Avhose allotment is No. 36 of the Moses a^ree ment group, the extent of the conflict being 50.35 acres. SenSe btll 4310 sfxtv- Sn^n^r'f' f'^'T^ '''''"''• '''^' •^'•^"^'1 t« authorize the allotment to the Indian of land elsewhere in lieu of that included in the Hickerson entrv and to permit of the acceptance of the entr.v of Hickerson for the land iS Set In our report of May 14, 1914, on the bill in question it was suggested that it be amended to provide for the allotment of not to exceed 80 acres to the Indian in lieu of that portion of his allotment within the homestead entry of ?oVh tn'«t -^^^ P.'Tff^ legislation is not only very desirable, but necessary! both in the interest of the homestead entryman and the Indian. The entryman will get the land he has occupied and improved, and the heirs of the Indian thefr own *" ""^'"^ "^ '°'' *^''* '"*^* *° *^®" through no fault of The Chairjiax. All right. The next item, then, is: WISCONSIN. Sec. 26. For the support and education of two hundred and fiftv Indian pupils at the Indian school at Hayward, Wisconsin, including pay of' superin- tendent, $43,400; for general repairs and improvements, $5,000- for dairv barn, $3,200; in all, $51,600. • Mr. Meritt. I offer for the record the following justification, Mr. Chairman : Indian school, Hayivoocl, Wis. Fiscal year ending June 30, 1916, amount appropriated ,$36, 670. 00 Fiscal year ended June 30, 1915 : Amount appropriated 36, 670. 00 Amount expended ZZ, 971. 57 Unexpended balance ^ 2, 698. 43 ANALYSIS OF EXPENDITUKES. Salaries, wages, etc 15,425.20 Traveling expenses , 6. 98 Transportation of supplies 292. 50 Heat, light, and power (service) 500.00 Telegraph and telephone service 72. 00 Subsistence supplies ^ 6, 795. 73 Dry goods, clothing, etc 5,083.91 Forage 639. 38 Fuel 2, 969. 21 Stationery and office supplies 3.35 Educational supplies 213. 51 Medical supplies 161. 11 Equipment, material, etc 1,617.68 Miscellaneous 211. 01 Total ^ 33, 971. 57 1 This Is not a final balance, as there may be outstanding obligations yet to be charged against the appropriation. 402 INDIAN APPEOPEIATION BILL, 1917. Indian school, Hay ward. Wis., repairs and improvements. Fical year ending June 30, 1916, amount appropriated 5, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 5, 000. 00 Amount expended 4, 990. 53 Unexpended balance. 9.47 ANALYSIS OF EXPENDITTJBES. Repairs (to plant) 4,990.53 Statistical statement for year ending June 30, 1915. Value of school plant — real property $110, 815 Number of buildings 18 Number of employees 22 Average attendance of pupils 191 Enrollment 226 Capacity 200 Cost per capita based on enrollment * $150. 93 Cost per capita based on average attendance '$178.95 Area of school land, acres 640 Area of school land, acres cultivated 260 Value of products of school : $4,574.36 Superintendent's estimate of absolute needs for 1917 : Support $38, 572. 00 Repairs and improvements 1, 250. 00 New construction 23, 500. 00- Total 63, 322. 00 Amount requested in proposed bill : Support and education of 250 Indian pupils at the Indian school, Hayward, Wis., and superintendent's salary 43,400.00 Repairs and improvements 5,000.00 New buildings 3, 200. 00 Total 51, 600. 00 Assistant matron. Nurse Seamstress Laundress Baker Cook General mechanic- Engineer Laborer Do Salaries. _ $300 720 540 500 540 540 720 840 450 300 Salaries. Superintendent $1, 650 Clerk 1, 000 Financial clerk. 600 Phy,sician 1, 000 Disciplinarian 720 Teacher 780 Do 660 Do 600 Do 600 Industrial teacher 840 Jlatron 600 Assistant matron 540 This is a nonreservation boarding school located on 640 acres of Government land. The superintendent also has supervision over the Lac Oourte Oreille Reservation. The school plant is old and all the buildings need more or less repairs, such as new chimneys, plastering, etc. The school plant exclusive of the land is v'alued at $97,015, and the $5,000 required for repairs is about 5 per cent of that amount, or 4J per cent of the total value of the school plant. This is a reasonable percentage for repairs at a plant having the hard wear Incident 1 This includes .$147.88 used in the transportation of pupils. There was also expended $314.15 " Miscellaneous reiieipts, Class IV." Total 15,040 INDIAN APPEOPRIATION BILL, 1917. 403 The Chairman. Do you desire to make any further statement? Mr. Meritt. No sir We have been improving this plant, and we can provide for 40 additional pupils if we can get this appropria- tion, and It would appear to be good economical administration to do ?r^® Chairman. What is the distance from any reservation? Mr. Meritt. It IS conveniently located to the Sioux country and to the Indians m Wisconsin and Minnesota. The Chairjian. You are asking for $3,200 for a dairy barn. Have you no barn there now ? Mr. Meritt. We have an old and very unsatisfactory dairy barn there. We are emphasizing industrial training at that school and dairying is one of the principal industries of that country, and we would like to have that small dairy barn. The Chairman. You have raised the amount nearly $10,000 and have asked for a dairy barn at $3,200. Where does the other increase come in? Mr. Meritt. We are proposing to increase the number of pupils from 210 to 250. ^ ^ The Chairman. The next item is : For support and education of two hundred and seventy-five Indian pupils at the Indian school, Tomah, Wisconsin, including pay of superintendent, $47,92.'5; for general repairs and improvements, $6,000; in all, $53,925. Mr. Meritt. We offer for the record the following justification for this item : Indian school, Tomah, Wis. Fiscal 5-ear ending June 30, 1916, amount appropriated $43, 450. 00 Fiscal year ended June 30, 1915 : Amount appropriated 43, 450. 00 Amount expended 42, 453. 11 Unexpended balance ' 996. 89 ANALYSIS OF EXPENDITUEES. Salaries, wages, etc 18,487.06 Traveling expenses 31. 71 Transportation of supplies 691. 80 Heat, light, and power (service) 744.30 Telegraph and telephone service 15. 05 Subsistence supplies ■ 7, 341. 72 Dry goods, clothing, etc 5, 937. 83 Forage 1, 145. 99 Fuel 4, 761. 61 Stationery and office supplies 27.60 Educational supplies 291. 90 Medical supplies 125. 79 Equipment, material, etc 2, 583. 89 Miscellaneous 266. 86 Total 42, 453. 11 1 This is not a final balance, as there may be outstanding obligations yet to be charged against the appropriation. 404 INDIAN APPBOPKIATION BILL^ 1917. Indian school, Tomah, Wis., repairs and improvements. Fiscal year ending June 30, 1916, amount appropriated $6, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 6, 000. 00 Amount expended 5, 807. 07 Unexpended balance ' 192. 93 ANALYSIS OP EXPENDITUBES. Repairs (to plant) 5,807.07 Expended during the year from appropriation " Indian school, Tomah, Wis., employees' building," $4,043.11 ; from the appropriation, " Indian school, Tomah, Wis., special repairs, 1915," $2,302.57. Salaries. Superintendent $2, 000 900 660 600 800 780 600 540 600 660 500 500 300 300 660 600 Financial clerk_ Property clerk Physician Disciplinarian Teacher Do Do Kindergartner Matron Assistant matron. Do Do Do Housekeeper Seamstress Salaries. Assistant seamstress 300 Laundress 480 Baker 500 Cook 600 Assistant cook 300 Dairyman 720 Farmer 1, 000 Assistant farmer 300 Carpenter 720 Engineer 1, 000 Assistant engineer 300 Laborer 600 Do 480 Total 18, 300 Statistical statement for year ending June SO, 1915. Value of school plant, real property $135, 448. 00 " " 23 29 214 257 275 ^$170.49 "^ $204. 65 340 235 $4,960.00 Number of buildings. Number of employees Average attendance of pupils Enrollment Capacity Cost per capita based on enrollment Cost per capita based on average attendance- Area of school land (acres) Area of school land (acres cultivated) Value of products of school . Superintendent's estimate of absolute needs for 1917 : ■ Support 47,925.00 Repairs and improvements 10, 000. 00 New buildings 2, -500! 00 Total 60, 425. 00 Amount requested in proposed bill : Support and education of 275 Indian pupils at the Indian school, Tomah, Wis., and superintendent's salary 47, 925.00 Repairs and improvements 6, 000. 00 Total 53_ 925. OO This school is located in the midst of a large Indian population, and although a nonreservation school the superintendent has supervision over the Wisconsin iThis is not a final balance, as there may be outstanding obligations yet to be charged against the appropriations. 2 This includes .fl, 36.3. .31 used in the transportation of pupils. There was also exoended .$1,192.38, " Miscellaneous receipts, Class IV." INDIAN APPEOPRIATION BILL, 1917. 405 ^y'i'^^o o^" ^"'lia»s. The school plant is old and consists of 23 buildings valued at $108,248, not including the land. The $6,000 estimated for repairs and im- provements is 51 per cent of that amount, or 44 per cent of the value of the plant, including the land. Thisis a reasonable percentage for repairs of build- ings which necessarily receive hard and constant use. The Chairman. This is not on a reservation? Mr. Meeitt. This is a nonreservation school. "We have been im- proving this plant during the last few years and we can now provide for 275 pupils instead of 250. We would like very much to have the appropriation. The Chairmax. The next item is : For support and civilization of the Chippewas of Lake Superior, Wisconsin, including pay of employees, $7,000. Mr. Meritt. We offer the following justification for this item: Support of Chippeivdf: of Lake Superior, Wis. Fiscal year ending June 30, 1916, amount appropriated $7, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 7, OOO. 00 Amount expended 7,145.60 Overdrawn 145. 60 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 3,780.00 Traveling expenses 116. 86 Transportation of supplies 15. 92 Heat, light, and power (service) 20.34 Telegraph and telephone service 117.68 Printing, binding, and advertising 1.65 Subsistence supplies 1,007.16 Dry goods, clothing, etc 22.41 Forage 466. 53 Fuel 276. 54 Stationery and office supplies 11. 00 Medical supplies 680.44 Equipment, material, etc 491. 59 Miscellaneous 137. 48 Total 7, 145. 60 Support Chippewas, Lake Superior, Wis., 1917 7, 000. 00 The Chippewas of Lake Superior, approximately 4,000, are under jurisdiction of the superintendents of La Pointe, Hayward, Lac du Flambeau, and Red ClifC, respectively, being too widely scattered for one jurisdiction. The respon- sibilities connected with the administration of their affairs are great, espe- cially among the Bad River Indians (under La Pointe), who have large sums of Individual Indian moneys aggregating over $2,000,000, which the superin- tendent administers as trust funds. The future of these Indians depends on •agriculture, the soil of their allotments, when properly drained, producing great crops; but much constructive work must be done along these lines. The lumber industry, their former principal means of livelihood, will soon no longer form a dependence, as the timber is being cut rapidly from their reservations. The small appropriation made for these Indians is not sufficient to cover neces- sary expenses. The same amount has been appropriated heretofore. The Chairman. The next item is : For support, education, and civilization of the Pottawatomie Indians who reside in the State of Wisconsin, including pay of employees, $7,000. 406 INDIAN APPEOPEIATION BILL, 1917. Mr. Meeitt. The following justification is submitted, Mr. Chair- man: Support of Pottawatomis, Wisconsin. Fiscal year en(yng June 30, 1916, amount appropriated $7, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 7,000.00 Amount expended 6,475.77 Unexpended balance 524.23 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 4, 259 .99 Traveling expenses 622. 71 Transportation of supplies 2. 00 Telegraph and telephone service 35. 22 Subsistence supplies , 367. .53 Dry goods, clothing, etc 73. 53 Forage 439. 87 Medical supplies • 171. 57 Equipment, material, etc 173. 35 Hospital expenses, etc 330.00 Total ^ 6, 475. Ti 4 The Pottavcatomie Indians of Wisconsin are now under jurisdiction of one superintendency located at Carter. Previous to the establishment of this juris- diction there was no one charged with the responsibility of their afEairs, and there was great distress among them. Rations are now issued in cases of necessity and medical attention given. Employment is obtained for them when possible, although this is often difficult, as Indian labor is not generally con- sidered desirable. The superintendent has, however, succeeded to an extent, which considerably reduces the necessary amount of rations, through relations with the lumbermen throughout the State. The number of these Indians is stated as 313. The same amount has been appropriated heretofore. The Chairman. The next item is : For the support and civilization of those portions of the Wisconsin Band of Pottawatomie Indians residing in the States of Wisconsin and Michigan, and to aid said Indians in establishing homes on the lands purchased for them under the provisions of the act of Congress approved June thirtieth, nineteen hundred and thirteen, $50,000, or so much thereof as may be necessary, to be immediately available and to remain available until expended, said sum to be reimbursed to the United States out of the appropriation, when made, of the principal due as tlie proportionate share of said Indians in annuities and moneys of the Pottawattomie Tribe in which they have not shared, as set forth in House Document Numbered Eight hundred and thirty (Sixtieth Congress, first session), and the Secretary of the Interior is hereby authorized to expend the said sum of $50,000 in the clearing of land and the purchase of houses, building material, seed, animals, machinery, tools, implements, and other equipment and supplies necessary to enable said Indians to become self- supporting. Mr. Meritt. I offer the following justification for that item, Mr. Chairman : FOB THE INDUSTEIAL ADVANCEMENT OF THE WISCONSIN BAND OF POTTAWATOMIE INDIANS BESIDING IN WISCONSIN AND MICHIGAN (EEIMBTJESABLE) . Under the treaty of September 26, 1833 (7 Stat. L., 431), the Pottawatomie Indians in Wisconsin and Michigan ceded to the Government all their lands in the States mentioned and agreed to remove west of the Mississippi River. Half of the tribe, numbering about 2,000, were so removed, and the remainder fled to northern Wisconsin, Michigan, and Canada. One Rev. Erik O. Morstad a . INDIAN APPBOPRIATION BILL, 1&17. 407 Lutheran missionary, who has spent his life among these refugees, prepared a roll about the year 190G and urged that their claim to tribal benefits and annuities, including the lands which should have been given to them had they removed, be adjudicated by the Government. A bill was introduced and passed by Congress on June 21, 1906 (34 Stat. L., 380), authorizing the Secretary of the Interior to prepare a roll and report what funds were due the refugee branch. Such a roll was prepared and submitted, showing 454 Wisconsin- Pottawatomie Indians in the United States and about 1,500 Pottawatomies and descendants in Canada. The report is embodied in House Document 830, Sixtieth Congress, first session. This report also shows that there was due about $450,000 to the branch of these Indians residing in the United States. Congress from time to time has appropriated small sums for the support of nominal schools for these Indians at Carter, Wis., and small amounts for relief have been also appropriated. Several bills have been introduced to appropriate the entire amount found due the Indians residing in the United States, but no action by Congress has been taken with respect to the Canadian branch. The Wisconsin Pottawatomie Indians are located in several different counties in northern Wisconsin and the vipper peninsula of Michigan. The act of .Tune 30, 1913 (38 Stat. L., 77-102), appropriated the sum of $3 50,000, reimbursable, from the money due the Indians when appropriated, for the purchase of lands in Wisconsin for those Pottawatomie Indians residing in the United States, and this money, with the exception of about $8,049.53, which was the balance in the Treasury on November 12, 1915, has been expended for the purpose indi- cated. Approximately 13,640 acres of land have been purchased. The act of June 30, 1913, supra, provides that the land purchased, except such as may be needed for administrative purposes, shall be divided equitably among the Indians entitled thereto, and patents therefor shall be issued in accordance with the general allotment law of the United States set forth in the act ap- proved February 8, 1887 (24 Stat. L., 388). It is estimated that there are at the present time about 309 Indians entitled to share in the distribution of this land, so that each Indian will receive about 44 acres. The land purchased for these Indians is all cut-over land, heavily covered with brush, stumps, and small trees, and its clearing for cultivation is a task entirely too large and expensive for the Indians to undertake without as- sistance. It is estimated that there are about 62 heads of families, and it is believed advisable to aid them in the clearing of small 10-acre tracts and the erection of suitable homes, fences, and outbuildings thereon, so that they may have a basis for the beginning of agricultural pursuits. It is estimated that it will cost from $300 to $400 to clear, fence, and prepare 10 acres of land for cultivation, from $600 to $800 for the necessary buildings, and between $400 and $500 additional for work stock and agricultural equipment, making a total of approximately $1,600 to each family. It is appreciated that the sum asked for in the proposed appropriation will not be sufficient to do all that is con- templated, for to give each head of family $1,600 would require an appropria- tion of approximately $100,000. The amount asked for, however, will be suffi- cient to make a beginning. The land is rich and well adapted to agriculture, and all that is needed is to clear off the stumps, brush, and small trees. The majority of the Indians are not occupying the lands purchased for them, for the reason that there are no improvement^ thereon and they have no means with which to build homes and improve the land. The reports indicate that the Indians are living under wretched conditions. The houses in which they now live are, as a rule, very poor log buildings or mere shacks ; they have no live stock with the exception that possibly a few have Indian ponies; the agricultural implements which they have are very few and of no value and consist of a few old plows and harrows. The able-bodied Indians are in- dustrious and work in lumber camps when they can get such employment, but the reports indicate that this industry has been very dull during the past year and consequently the Indians have been unable to obtain but very little work. The proposed appropriation, as will be observed, is one intended to be re- imbursable to the United States just as soon as Congress appropriates the full amount of money due these Indians. If made, it will permit the giving of urgently needed assistance to a very worthy people. This is a request for an appropriation simply to advance to these Indians, from whom we have purchased lands, certam money so 408 INDIAN APPKOPEIATIOjST BILL, 1911. they can build homes, have farm equipment, and get started on their allotments. The Chairman. Is it reimbursable? Mr. Meeitt. Yes, sir ; and it is a very deserving appropriation. The Chairman. How much money have these Indians in the Treasury ? Mr. Meritt. They have very little money in the Treasury, but they have a claim against the Government which will ultimately secure the money necessary, and this is simply drawing on that claim. The Chairman. The next item is a legislative item : Section 3 of the act of Mar. 28, 1908 (35 Stat. L., p. 51) is hereby amended to read : " That the lumber, lath, shingles, crating, ties, piles, poles, posts, bolts, logs, bark, pulp wood, and other marketable materials obtained from the forests on the Menominee Reservation shall be sold under such rules and regulations as the Secretary of the Interior may prescribe. The net proceeds of the sale of all forest products shall be deposited in the Treasury of the United States to the credit of the Menominee Tribe of Indians. Such proceeds shall bear interest at the rate of 4 per cent per annum, and the interest shall be used for the benefit of such Indians in such manner as the Secretary of the Interior shall prescribe. Mr. Meritt. I offer the following justification for this item, Mr. Chairman : Section 3 of the act of March 28, 1908 (35 Stat. L., 51) requires that all prod- ucts manufactured at the Menominee Indian Mills shall be sold for cash. It is believed that much better prices could be received for such products if the department were able to sell on short- time credits, as is done by manufacturers of lumber. This legislation is aimed at attaining a more satisfactory system of sales for the products of the Menominee Indian mills. Mr. Carter. The next one is, too : That without bias or prejudice to the rights or interest of any party to the litigation hereinafter mentioned the Secretary of the Interior be, and he hereby is, authorized to sell the timber on the so-called " school lands " and " swamp lands " within the boundaries of the Bad River and Lac du Flambeau Indian Reservations in Wisconsin, and to which the State of Wisconsin has asserted a claim; to keep a separate account of the proceeds of such sale with each legal subdivision of such land and to deposit the said proceeds at interest in a national bank, bonded for the safe-keeping of individual Indian moneys, to be paid over, together with the interest thereon, to the party who shall finally be adjudged to be the owner of such land : Provided, That the consent of the State . or parties claiming title therefrom be obtained before any such sale shall be made. Mr. Meritt. Yes, sir; I offer the following justification for this item: On the Bad River Indian Reservation, In Wisconsin, there is timber standing, upon lands which are claimed by the State as " swamp lands " that should be cut at once, while the timber on adjacent lands is being logged. A serious losl5 of this timber will be sustained if it is not cut in the near future. Legislation is required to authorize such cutting. There are also lands on the Lac du Flam- beau Reservation in the same legal status. The Chairman. The next item is : The allotment of any Indian on the Lac du Flambeau Reser\-ation, in the State of Wisconsin, or any part of such an allotment, with the consent of the allottee, or in case of death of his heirs, may be leased for residence or business purposes for terms not exceeding 20 years, under such rules and regulations as the Secretary of the Interior may prescribe, and with the consent of the Indians of the Lac du Flambeau Tribe, to be obtained in such manner as the Secretary of the Interior may require, the unallotted tribal lands within the said reserva- tion may be leased under like conditions and for similar terms and purposes. INDIAN APPEOPEIATION BILL, 1917. 409 Mr. Meritt. I offer the following justification for this item, Mr. Chairman : The Lac du Flambeau Reservation was established in pursuance to the provi- sions of the treaty with the Ohippe^vas of Lake Superior and the Mississippi, dated September 30, 1854 (10 Stat. L., 1109). Article 3 of this treaty provided for the survey of the tract of land reserved and the assignment to heads of families or single persons over 21 years of age of 80 acres of land each. The act of February 3, 1903 (32 Stat. L., 795), provided for the allotment of the Chippewa Indians at Lac du Flambeau who did not receive prior allotments, subject in all respects, except as to age and conditions of the allottee, to the provisions of the third article of the treaty of 1854, supra. There are approximately 702 Indians on the Lac du Flambeau Reservation under Federal supervision. Approximately 44,876.20 acres of land have been allotted, and there is an unallotted area of about 24,359.30 acres of land. Of the unallotted area 629.2 acres have been reserved for school purposes. There are only about 250 acres of agricultural land allotted to the Indians, and these are cultivated by them in small tracts. The remainins allotted area consists of approximately 37,129.12 acres of timber land and 4,000 acres which apparently are unfit for any puriioses. About 13,613.59 acres of the unallotted area is is timberland and 10,116.51 acres are unfit for. any purposes. For some 20 years or more past logging operations, lumber manufacturing, etc., have been carried on on the reservation, and all Indians willing to work have had the opportunity to do so at good wages. These operations, however,, have been discontinued, and consequently the employment heretofore received in connection with the logging operations is not now open to them. These Indians must of necessity in the future derive their living from agricultural and native resources, such as gathering berries, hunting, fishing, the manufacture of souvenirs, etc. The climatic conditions and the soil are adverse to farming, and this fact, together with the existence of many stumps resulting from timber operations, which it is difficult and expensive to remove, does not make the farming industry a promising one. Practically no grain is raised and the land is not adapted to the grazing of stock. Very little timber of value is left on the reservation, although the Indians may derive some revenue from the sale of wood, posts, and small timber suitable for box lumber. In view of these conditions some other source of employment for the Indians must be found. During the summer months a number of Indians find em- ployment acting as guides for tourists wishing to fish in the lakes and hunt on the reservation. There are a number of lakes within the reservation which are very attractive, and summer tourists and fishermen are increasing in numbers each year. The reports indicate that the surrounding country has been for years reapmg large financial returns from the tourist business, while the reservavion has been ^•irtually closed. Tourists have been encouraged to come to the reservation, but the industry has not had an opportunity to develop, probably because of the inability of the tourists to lease permanent camp sites. The Indians are able to earn good wages guiding tourists through the reserva- tion and on the lakes; and that vocation perhaps offers the most promising field of activity in which the Indians might engage, but the conditions must be improved so that tourists may be induced to come to the reservation. If the proposed item meets with the approval of Congress, a way will be open for the negotiation hf leases with many summer toijjists with profit to the Indians. They will not only be able to obtain employment as guides, but those who give their attention to agriculture will find a market for the vegetables they raise, and those who manufacture articles from birch bark, buckskin, beads, etc., will have a market for their products. The Chairman. The next item is : The Secretarv of the Interior is hereby authorized to withdraw from the Treasury of the'United States, in his discretion, the sum of $300,000, or so much thereof as may be necessary, of the tribal funds of the Menominee Indians, in Wisconsin, arising under the provisions of the acts of June 12 1890 (26 Stat. U, n 146) aAd Mar. 28, 1908 (35 Stat. L., p. 51), and to expend the same for the purpose of promoting civilization and self-support among said Indians, in such manner and under such regulations as he may prescribe. 410 INDIAN APPKOPEIATION BILL^ 1917. I offer the following justification for the record, Mr. Mr. Meeitt. Chairman : These funds have arisen under the acts of June 12, 1890 (26 Stats. L., 146), and March 28, 1908 (35 Stats. L., 51), reading, in part, as follows: June 12, 1890. — " That from the net proceeds of sales of said Menominee logs shall be deducted one-fifth part, which shall be deposited in the Treasury of the United States to the credit of the Menominee Indians in Wisconsin, to be used under the direction of the Secretary of the Interior for the benefit of said In- dians, and the residue of said proceeds shall be funded in the United States Treasury, interest on which shall be allowed said tribe annually at the rate of five per centum per annum, to be paid to the tribe per capita or expended for their benefit under the direction of the Secretary of the Interior." March 28, 1908. — " That the lumber, lath, shingles, poles, posts, bolts, and pulp wood, and other marketable materials so manufactured from the timber cut upon such reservations shall be sold to the highest and best bidder for cash, after due advertisement inviting proposals and bids, under such rules and regulations as the Secretary of the Interior may prescribe. The net proceeds of the sale of such lumber and other material shall be deposited in the Treasury of the United States to the credit of the tribe entitled to the same. Such pro- ceeds shall bear interest at the rate of four per centum per annum, and the inter- est shall be used for the benefit of such Indians in such manner as the Secretary of the Interior shall prescribe. " That the Secretary of the Interior is hereby authorized to pay, out of the funds of the tribe of Indians located upon said reservation, the necessary ex- penses of the lumber operations herein provided for, including the erection of sawmills, equipment and necessary buildings, logging camps, logging equip- ment, the building of roads, improvement of streams, and all other necessary expenses, including those for the protection, preservation, and harvest of the forest upon such reservation." The principal of this fund now amounts to approximately $1,800,000, but no authority of law exists for the withdrawal of any portion thereof, except for purposes in connection with the logging and milling operations. This fund draws 5 per cent interest, or about $90,000 annually, which may be paid to the Indians in cash or expended for their benefit, in the discretion of the Secretary of the Interior. However, this interest is all used for the support of the agency and school each year, so that nothing is left for expenditure for the direct industrial benefit of the Indians. There are 1,730 Indians under this jurisdiction, 391 being able-bodied male adults, of whom 237 cultivated 2,766 acres of land during the fiscal year 1915, producing crops valued at approximately $32,410. These Indians own live stock worth approximately $44,151, and are engaged in other occupations, as follows : Industry. Number. Amount earned, 1915. Basket making 20 50 600 60 386 Beadwork 200 00 Fishing Wood and timber operations 3,000.00 3 125 00 Other industries * Total 1,005 8,626.00 There are 126 Indians under this jurisdiction either mentally or physically disabled to whom free rations were issued during the fiscal year 1915, valued at $5,947.92. While reports show 218 families as living in permanent dwellings, yet many of the houses are small, overcrowded, and insanitary, and great need exists for providing these Indians with modern sanitary cottages. They are like- wise in need of farming implements, teams, etc., and the reservation is well adapted to the dairying industry. Unfortunately, however, the Indians lack the necessary individual funds with which to erect homes or purchase farming equipment and dairy stock. It is therefore desired to withdraw $300,000 of the tribal funds on deposit in the United States Treasury to the credit of these INDIAN APPEOPEIATION BILL, 1911. 411 Indians, accruing under the above acts, to be expended for their benefit in the discretion of the Secretary of the Interior, in order that a start may be made toward getting tliem establislied on their allotments and- engage in dairying, farming, or stocli raising, and thus placing them fairly on the road to self- support and independent citizenship. Should this appropriation be procured it Is not proposed to pay the money to the Indians In cash, but to segregate a portion thereof into individul shares, to be deposited in bank to the credit of each Indian under this jurisdiction, and expended under supervision, in accord with the regulations for the handling of individual Indian money for teams, implements, milch cows, or other industrial purposes. The balance would be used by the Government as a reimbursable fund to purchase the supplies to be later sold to the Indians and paid for from the segregated shares previously deposited to their credit. The Indians themselves have aslied that an appropriation be made from their tribal funds for such purposes. In a petition dated February 10, 1915, as follows : "At various times our superintendent has brought to our attention the desires of the United States Indian Office for progress of the Indian. He, through his farmers, has Inaugurated and is pushing a campaign for the increase of farming activities amongst our people, and is no doubt aiding them to such an extent as is possible with the Implements furnished him. " We desire very much as Indians, representative of the efforts the Govern- rnent has put forth in the past, to set out to you some facts which are vital to the success of any plan concerning our welfare and in which you must be inter- ested. We aim not to represent any feeling or faction. What we propose is a concensus of the very best thought of the Indians who have been reared on our reservation, educated in the Indian schools of the Nation, and returned home to make their own way and blaze a path for our people. " First we shall consider our people, numbering to-day 1,726 members. Of this number 70 per cent may be considered of various degrees of Indian blood and 50 per cent or more one-half blood and less. Our people can be safely divided into three classes : " Competent : Embracing those who earn their own living by daily wage or farming, and have such degree of education as to be able to read, write, and speak English and understand ordinary business transactions. " Semlcompetent : Those who earn a living, but through lack of education, with no understanding of English, could be Imposed upon enough so as to make it not yet the time to let them handle financial affairs without supervision. " Incompetent : The old and aged, the widow, the orphan, children, the help- less through disease or accident, and those Indians not self-supporting, or those who through acquired habits would waste financial resources and then become a burden on others. . . " Sixty per cent of our people have some part of an education, acquired either through schools or by residence amongst whites, and have picked up English so that they can converse intelligently. , , . . " We have at Keshena a Government school giving Industrial training to our children, as well as a mission school doing the same under contract. "At Neoplt is the timber operation of the reserve, embracing a large mill, manufacturing 40,000,000 feet of lumber yearly ; and two day schools— Govern- ment and mission — for educational purposes. x. ^ ., " The reservation consists of 10 townships of land, the western portion heavily timbered and the eastern part cut-over lands or open lands. " Two facts face us, that of earning a living by daily labor at the Menominee lumber mills plant ; while not detracting a moment from its value as a center for industrial and social development, we have to consider this, that it but teaches the Indian to labor, which earnings are principally spent for sub- sistence. The other opening left to the Indian for development is agriculture in all its various phases— stock, dairy, and general farming -^^i^^,-,.;.,! "We have provided educational facilities for our children and industiial education and wages for the able-bodied who desire work, but for the class who should be of the most value to all there is no way out. <.„„„,, "A remedy for this would be the. depositing to the individual credit of each member of the tribe justly on the rolls by right of descent by blood as a Menomi- nee Indian of a sufficient sum that would at once give him a good start. "If each member had to his credit $500, this would give a maxi and wife $1 000 between them— ample means for a good start in farming. It would be an inducement to voung people coming of age. to take hold and make a start. 412 INDIAN APPEOPKIATION BILL, 1917. It would provide the aged or totally helpless, the widow, and the orphan child with ample to live out their lives. ii, v, -4. " With close supervision every interest would be protected ; those whom it might be feared would waste their share could be restrained until individual effort on their part showed they had mended their habits and would not become dependent on their more careful brother members; and regulations carefully prescribed that would induce or reward good agricultural or industrial efEort. " We have here a certain number of members who farm in a way, and out- side of the small number each year who can obtain aid through the reim- bursable fund, about 25 or 30, none can go ahead through lack of means, and even these, when they should be enlarging and clearing, have to turn out to work to earn money to meet reimbursable payments. " For 10 years past and longer our children have been coming back from the Indian schools, and excepting ordinary labor, they have no means with which to start in to display what has been taught them and learned at school. " Common labor soon takes initiative away from men. Indian boys learnmg farming and dairy work at school have no chance to start in on returning home because the old folks are not able to give them a chance. Young women educated in home making and the woman's part on a farm have nothing to start themselves and when they take a husband, he has nothing to look forward to but a job some place at which he can earn wages. " Some of our people will no doubt always be workmen, but from birth this- and several generations past we first saw light in the little farmhouse. Before 1908 we were all an agricultural people— from early times our people tilled the soil in some degree. Agricultural pursuits mean independence to the Indian. We would be a producer, rather than a consumer. We have the land but lack the individual means. " We ask and solicit your aid in thought and action for us for real first aid in line with our wish. We present you in crude form our ideas in thB shape of a proposed bill, which is capable of improvement, no doubt. If something in this line could be pushed through, a long start would be made in accomplishing what the United States Indian Office wishes, what you wish, and what we desire to see and know will happen, a permanent improvement in every single condition on the reservation, health, wealth, and real progress." The Chairman. The next item for Wyoming is : WYOMING. Sec. 27. For support and civilization of Shoshone Indians in Wyoming, in- cluding pay of employees, $15,000. Mr. Meeitt. I offer for the record the following justification: Support of Slwshones in Wyommg. Fiscal year ending June 30, 1916, amount appropriated $15, 000. OO Fiscal year ended June 30, 1915 : Amount appropriated 15, 000. 00' Amount expended 11, 567.95 Unexpended balance 3, 432. 05 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 2, 26L 80 Traveling expenses 547. 82 Transportation of supplies 318. 99 Telegraph and telephone service 57. 82 Printing, binding, and advertising 29. 63 Subsistence supplies 4, 303. 60 Forage 151.50- Fuel 713. 9T Stationery and office supplies 135. 35 Medical supplies 34. 79- Equipment, material, etc 3, 012. 68 Total 11, 567. 95 INDtAW APPEOPKIATlON BILL, 1917. 413 This is for support niul civilization of the Shoshone Indians in AVyoming, and IS tne same as the amount appropriated in previous years. There are approximately 834 of said Indians on the reservation. The amount aslced for is necessary for subsistence supplies for old and indigent Indians, widows, and children not of school age ; for labor in lieu of rations, such labor being used in road and bridge work and general agency and reservation work ; tor other issues, general agency expenses, including fuel, forage, traveling expenses, telephone rentals, medical supplies, repairs to farm machinery etc • and for salaries of necessary employees, etc. ' The Chairman. The next item is : For the support and education of 175 Indian pupils at the Indian school. Shoshone Reservation, Wyo., iricluding pay of superintendents, $33,725; for general repairs and improvements, $5,000; in all, $36,725. Mr. Meeitt. I oflier the following justification for the record : Indian school, Shoshone Reservation, Wijo. Fiscal year ending June 80, 1916, amount appropriated .$31,025.00 Fiscal year ended June 30, 1915 : Amount appropriated 31, 025. 00 Amount expended 3o| 199. 03 Unexpended balance ' 825. 97 ANALYSIS OF EXPENDITUBES. Salaries, wages, etc 13, 617. 91 Transportation of supplies 3, .548. 60 Telegraph and telephone service 69. 26 SUb^Stence supplies 5, 307. 42 Dry goods, clothing, etc 2, 437. 31 Fuel 3, 549. 47 Educational supplies 236. 64 Medical supplies 125. 56 Equipment, material, etc 1, 306. 80 Total 30, 199. 03 Indian school, Shoshone Reservation, Wyo., repairs and improvements. Fiscal year ending June 30, 1916, amount appropriated $6, 000. 00 Fiscal year ended June 80, 1915 : Amount appropriated 6, 000. 00 Amount expended 2, 930. 52 Unexpended balance -' *3, 069. 48 ANALYSIS OF BXPENDITUKES. Construction '- 1. 980. 48 Repairs to plant 9S0. 04 Total ___- 2, 980. 52 Statistical statement for year ended June 30, 1915. Value of school plant — real property $145, 523 Number of buildings 19 Number of employees i' 1 This Is not a final balance, as there may be outstanding obligations yet to be charged against the appropriation. 20527—16 27 414 INDIAN APPEOPEIATION BILL, 1917. Average attendance of pupils 168 Enrollment 182 Capacity 135 Cost per capita based on enrollment ' $166 Cost per capita based on average attendance ^ $178. 72 Area of school land, acres 1, 209 Area of school land, acres cultivated "^775 Value of products of school $22, 656 Superintendent's estimate of absolute needs for 1917 : Support ^ $30,775 Repairs and improvements 6, 000 New buildings 26, 000 Total 1 62, 775 Amount requested in proposed bill : Support and education of 175 Indian pupils at the Shoshone Indian School, Fort Washakie, Wyo., and superintendent's salary 31, 725 Repairs and improvements 5, 000 Total - 36, 725 Salaries. Superintendent $2, 500 Principal 1,500 Disciplinarian 840 Teacher 660 Do 630 Do 600 Do 570 Matron 780 Assistant matron 540 Seamstress 600 Salaries. Assistant seamstress $180 Laundress 500 Baker 300 Cook 600 Farmer 1, 200 Engineer 1,000 General mechanic 720 Total 13, 720 The proposed bill provides $31,725 for the support and education of 175 pupils, which also includes the salary of the superintendent, $2,500, and is estimated upon the basis observed in determining the former needs of this and other schools receiving specific appropriations. The attendance is steadily maintained at considerably above the normal capacity of the school and results in some overcrowding, which, as soon as possible, should be relieved by enlarging the buildings so as to accommodate 200 pupils. There seems to be a reasonable demand for this, for while in addi- tion to the boarding school, one Government day school, three mission schools, and the public schools afCord generally very good educational facilities for the reservation, there is still quite a number of Indian children, approximately 100, not enrolled and for whom school accommodations should be available. The item of $5,000, requested for repairs and improvements, is $1,000 less than was appropriated for the fiscal years 1915 and 1916 and will be fully needed to keep up necessary repairs to the plant and take care of minor and essential improvements. The Chairman. The next item, is: For support of Shoshones in Wyoming: For pay of physician, teacher, car- penter, miller, engineer, farmer, and blacksmith (article ten, treaty of July« third, eighteen hundred and sixty-eight), $5,000; for pay of second blacksmith, and such iron and steel and other materials as may be require'd, as per article eight, same treaty, $1,000; in all, $6,000. 1 This includes $29.25 used in the transportation of pupils. There was also expended $1,876,05, " Miscellaneous receipts, Class IV." 2 This does not include 398 acres of pasture. INDIAN APPEOPEIATTON BILL, lOlT. 415 Mr. Meeitt. I offer for the record the following justification : Support of Shoshones : Employees, etc., Wyoming. Fiscal year ending June 30, 1916, amount appropriated $6, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 6, 000. 00 Amount expended 5, 561. 67 Unexpended balance 438. 33 ANALYSIS OF EXPENDITTJBES. Salaries, wages, etc 5, 561. 67 Indian population of Shoshones, about 834. This is the same amount as has been authorized in previous years, and is for the purpose of providing Indians with the services of the physician, teachers, and tradesmen called for in the treaty of July 3, 1868, with these Indians. Of the amount appropriated, $5,800 is paid out for the salaries of employees speci- fied and the remainder for iron and steel or such other needs as are believed to be most essential for the support and civilization of said Indians. Article 8 of the treaty with the Eastern Band of Shoshones and the Bannock Tribe of Indians, which was concluded July 3, 1868 (15 Stat. L., 673-677), provides in part as follows : "And it is further stipulated that such persons as commence farming shall receive instruction from the farmers herein provided for, and whenever more than one hundred persons on either reservation shall enter upon the cultivation of the soil, a second blacksmith shall be pTovided, with such iron, steel, and other material as may be required." Article 10 of said treaty provides : " The United States hereby agrees to furnish annually to the Indians a physician, teachers, carpenter, miller, engineer, farmer, and blacksmith, as herein contemplated, and that such appropriations shall be, made from time to time on the estimates of the Secretary of the Interior as will be sufficient to employ such persons." The Chairman. The next item is : For repairs at the old abandoned military post of Fort Washakie, on the Wind River Reservation, Wyoming, $1,721.66, from the amount heretofore col- lected as rentals of buildings at said post. Mr. Meritt. I offer the following justification for that item, Mr. Chairman : The agency quarters for the Wind River Reservation are now located at the site occupied by the former military post of Fort Washakie. A number of buildings are rented to traders and others, and the proceeds of such rentals are covered into the Treasury of the United States. There was .expended during the fiscal year 1913 in construction and repair work at this site approximately $15,000 from the appropriation "Indian school and agency buildings— 1913," and during the fiscal year 1914 a sum of $2,700 was expended in addition 'to $1,427 appropriated by the act of June 30, 1912. The appropriation act for the fiscal year 1915 contains an item of 5,1,7^2.80 for repairs to the buildings at this post, payable from the amount theretofore collected as rentals of such buildings. ., , „ . .-, no-, aa „ = Since that time there has been collected the further sum of $1,721.66 as rentals, which, it is believed, should properly be expended for the repair and upkeep of the buildings. The Chairman. Is it necessary that we keep up these repairs? It would seem to me that when we make a repair once that would answer. . . . , m j ^.u i. Mr. Meritt. We are simply gettmg permission to use tunds that have been derived from the rental of these buildings in order to re- pair them. This was an old military post, and we rent part of the 416 IJSDJAN APEEOPEIAIIQKT BJLJ^, , 1917. post, and we would like legislative authority to use those rentals in keeping the buildings in proper repair. The Chairman. Does the justification show that? Mr. Meeitt. Yes, sir Mr. Norton. Does it show how ftiuch is secured from the rentals ? Mr. Meritt. Yes, sir. The Chairman. We would like to have a statement showing the amount that you have received and what you have done with it. Mr. Meritt. This statement is as follows : Appropriation, fiscal year 1914, making available all receipts from rentals $1, 427. 00 Amount expended for material and labor for repairs 1, 370. 42 Amount returned to Treasury 56. 58 Second apijroprlation, fiscal year 1915, making available all subse- quent receipts ^ — 1, 732. 82 Amount expended 1, 712. 87 Amount returned 19. 95 Total appropriated 3, 159. 82 Total expended 8, 083. 29 Total returned 76. 53 It is only fair that we use the proceeds from the buildings in keeping them in proper repair. The Chairman. The next item is : For continuing the \vork of constructing an irrigation system within the diminished Shoshone or Wind River Reservation, in Wyoming, including the maintenance and operation of completed canals, $50,000, reimbursable in ac- cordance with the provisions of the act of Jlarch third, nineteen hundred and five, and to remain available until expended. Mr. Meritt. We offer the following justification in support of this item : Irrigation system, Wind River Diminished Reservation, Wyo. (reimhiirsable). Fiscal year ending June 30, 1916, amount appropriated $25, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 25, 000. 00 Balance from previous years 34, 3i6. 01 59, 316. 01 Amount expended 53^ 093. 79 6, 222. 22 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 42, 5.')2. 96 Traveling expenses 101. 84 Transportation of supplies . 1, 814! 95 Telegraph and telephone service ' no' 48 Forage .ll"!. 1, 553." 77 P uel 733 86 Stationery and office supplies 54. 75 Equipment, material, etc ,5 721! 25 Repairs to buildings 426 93- ?.?''* T,- ":::::: 20.' oo Miscellaneous 3 qo Total 53_ 093_ 79 INDIAN APPEOPEIATION BILL, 1917. 417 Indiau tribes : Shoshone and Northern Arapahoes. Number of Indians : 1, 724 Area of reservation, acres ^ 807, 680 Area irrigable from constructed works,' acres 40, 000 Area actually irrigated, acres 19,857 Area farmed by Indians, acres 6, 760 Area farmed by lessees, acres 4, 579 Area farmed by white owners, acres 8, 51S Area of whole project, acres 65, 674 Cost of irrigation construction $666, 739 Cost of irrigation operation, maintenance and miscellaneous $100, 063. IT Maintenance collections $2, 956. 83 Estimated additional cost to complete project $100, 000 Estimated total cost of Irrigation, per acre $14 Average value of irrigated land per acre $30 Average annual precipitation, inches 10 Source of water supply : Big Wind River. Market for products: Local (good). Distance from railroad : to 70 miles. This reservation covers 1,262 square miles and has a population of 1,724 Indians. The irrigation system is an extensive one and is lieing utilized by the Indians, a very decided increase in farming operations having been made in the past year. There are more than 223 miles of canals and about 700 structures to maintain and operate. . The estimate covers salaries and wages, fuel, forage, transportation of sup- plies, equipment, and materials for construction for both new work and repairs to old work. On this reservation the usual policy of replacing old decayed timber structures with concrete ones is being followed, and the lateral systems are being extended to a proper outlet, so as to prevent damage from waste water which had for- merly been a source of considerable trouble. Additional laterals are to be con- structed as land is put under cultivation, and the amount of work is therefore a measure of the industry of the Indians. The estimate includes the proportion of the salary, traveling expenses, and miscellaneous expenses of the superintendent of irrigation for this district when he is engaged in the supervision of the Wind River work. There are four major projects included within the work here estimated for in addition to several smaller ditches, the total affording a water supply for approximately 65,000 acres, more than 40,000 acres of which may be reached by the present constructed works. Nearly 20,000 acres are now being farmed and the area is being increased rapidly, so that it is evident that the funds requested are needed to meet all expenses of extending the later system as well as the cost of repairs, maintenance, and operation previously described. Mr. Keed will make a statement in regard to this item. Mr. Eeed. In order to extend the laterals and reach some of the Indian lands — ^it is almost parallel to the case I described at Klamath The Chairman (interposing) . Have you a willow growth there i Mr. Eeed. The willow growth is not so bad, but Ave have a great many of the lands lying in an isolated position. It was at first thought, apparently, when the system was laid out, that the Indians would construct the sublaterals to reach their own lands, but that has not been the case. It has not been at all possible. Besides that, many of the original works, such as gates, drops, flumes, etc., were made of lumber a number of years ago, and they have reached the stage where they are rotting out and they will have to be replaced. We are replacing them with concrete so there will not be any other replacements. . , , ,, •.• q The Chaieman. This is on all fours with the other proposition^ Mr. Reed. Yes, sir. 418 INDIAN APPKOPKIATION BILL, 1917. The Chairman. The next item is as follows : For continuing the work of constructing roads and bridges within the diminished Shoshone or Wind River Reservation in Wyoming, $10,000, said sum to be reimbursed from any funds which are now or may hereafter be placed in the Treasury to the credit of said Indians. Mr. Meritt. The following justification is submitted : Roads and bridges, Shoshone Reservation, Wyo. {reimbursaUe) . Fiscal year ending June 30, 1916, amount appropriated $25, 000. 00 Fiscal year ended June 30, 1915 : Amount appropriated 25, 000. 00 Amount expended ' 24, 845. 02 Unexpended balance 154. 98 Analysis of expenditure : Salaries, wages, etc 18, 966. 70 Transportation of supplies 1, 400. 92 Forage 3. 00 Equipment and material 4, 474. 40 Total 24, 845. 02 The Indian appropriation' act for the fiscal year 1913 (37 Stat., 539) con- tained an item appropriating the sum of $10,000 for continuing the work of road and bridge construction on the Shoshone or Wind River Reservation in Wyoming, reimbursable from tribal funds. That was the first specific appro- priation made for road work on the Shoshone or Wind River Reservation. At that time it was estimated that $67,000 would be required to improve roads on the reservation in order to place them in comparatively as good condition as those constructed outside the limits of the reservation by Fremont County, in which the reservation is located. Approximately $500 was the amount expended from this appropriation, the balance being reappropriated and used the fiscal year following, 1914. In addi- tion to the reappropriation of this sum there was also appropriated $1,000 to be used in investigating the condition of the roads and bridges on the Wind River or Shoshone Reservation, including the making of surveys, maps, plats, and other items necessary to estimate the cost of suitable and necessary roads and bridges. After the expenditure of the $10,000 and the completion of the surveys, the estimated cost of the construction of roads and bridges yet neces- sary totaled $111,032.21. Copies of the data compiled and complete report were forwarded to the Speaker of the House of Representatives and to the President of the Senate under date of December 27, 1913. There was further appropriated for expenditure during the fiscal year 1915 the sum of $25,000 reimbursable from tribal funds. An additional appropria- tion of $25,000 was made available by Public Resolution No 74 Sixty-third Congress (38 Stat. L., 1228). This makes a total of $50,000 appropriated since the estimate of $111,032.21 for the project was made. Under date of October 20, 1915, in reporting the progress being made, the superintendent says : "From the appropriation made for this year there has or will have been expended by the latter part of this month, nearly all of which has now been expended, approximately between nineteen and twenty thousand dollars, all of which has or will have gone for labor, except approximately $500 expended for road grader, drags, blacksmith bills, and a few other incidentals All of this money is going to the Indians for wages, except for a part of the plow and gi-ader teams and the services of two white foremen a part of the time and a portion of the time but one white foreman. With reference to the manner in which the Indians have worked your attention is respectfully . invited to my ioi^nA°^ September 20, 1915, on this subject. It is expected that all of the $25,000 appropriated for this year will have been expended before the close of the calendar year, with the exception of between $3,000 and $4 000 which it is my purpose to keep until spring in order to give the Indians some work at that time and to properly maintain the roads already constructed and extend them somewhat during tlie remainder of the fiscal year. INDIAN" APPKOPBIATION BILL, 1917. 419 " By reference to my said report of December, 1913, and the accompanying tracings made by the engineer it will be noted that the main system of roads to be constructed on this reservation should extend from a point on the south line of the reservation near Milford and Lander to the agency, a distance of approximately 13 to 14 miles, and from a point near Riverton on the extreme eastern edge of the reservation west to Arapahoe and thence up Little Wind River to the agency, a distance of approximately 35 miles ; thence from the agency to the northwest corner of the reservation, a distance of approximately 55 miles. Also, three mountain roads — one up Trout Creek, one between North and South Fork of Little Wind River, and one up Meadow Creek — in order that the available timber might be made accessible to be used for building purposes and sawmill material ~(a complete mill including matcher, molder, edger, planer, lath and shingle machine and cut-off saw having been installed at this agency and is now ready for operation). "With the appropriations heretofore madewehave constructed and completed the best dirt graded road in this State, from the reservation line near Lander to the agency and li miles beyond in a northerly direction ; between 26 and 27 miles of the same kind of road between the agency, Arapahoe, and Riverton, the remainder of which will be open for travel within three weeks ; approxi- mately 4 miles of the same kind of road around and near Wind River, the school farm, and the agency ; nearly $2,500 worth of work making dugways and roads in the neighborhood of Crow Heart and Dinwoodie on the northwest part of the reservation, besides approximately 6 miles of mountain road ; erected a 50-foot span steel bridge across Little Wind River near the agency ; installed numerous small bridges with concrete abutments over the small streams and installed many corrugated culvert bridges. All of this work, between 80 and 90 per cent of which has been done by the Indians, will bear the closest inspection and is what, most of it, is conceded to be, even though done by the Indians under my supervision, the best dirt graded road in this State. " There will yet remain to be constructed a great portion of the road from the agency to the northwest corner of the reservation, some additional grading of between 7 and 8 miles of the road to Arapahoe, which on account of being above the ditches will not receive as much attention this year as the roads below the Irrigation ditches ; a road opening up the Mill Creek Valley country to market, and two mountain roads. " In view of the fact that these roads are badly needed and that it affords the Indians a partial source of livelihood, and has largely been the means of my reducing the ration list from between 400 and 500 persons to slightly over 100 now, consisting of the old and decrepit and some orphan children, and that the construction of these roads has, in their vicinity, made the sale and leasing of lands more popular and is beginning to increase values, it is respectfully but earnestly urged that an additional appropriation of $25,000 be recommended and urged, to be expended next year. Only $15,000 was estimated for for use during the fiscal year 1916, but $25,000 became available under the resolution above mentioned, continuing the appropriations of the Indian Service for the fiscal year 1915. In view of the fact that this amount was $10,000 in excess of the estimate and, further, on account of the fact that the report of the superintendent, recommending an appropriation of $25,000 for 1917, was not received until after the estimate had been completed, only $10,000 has been requested. Mr. Carter. Have the.se Indians any funds on hand ? Mr. Meritt. Yes, sir. Mr. Carter. How much? Mr. Meritt. Approximately $10,000. They have also a very large amount of land that will be sold and the Government vfill have the handling of the proceeds of that land. There will be no question about the Government being reimbursed for this item. They have several million dollars worth of property. The Chairman. The next item is as follows : Sec 28. Section 26 of the Indian appropriation Act approved June thirtieth, nineteen hundred and thirteen (Thirty -eighth Statutes at Large, page one hundred and three), is hereby amended so as to read as follows: "On or before the first day of July, nineteen hundred and seventeen, the Secretary of the Interior shall cause a system of bookkeeping and accountmg 420 I^TDIAN APPEOPEIATION BILLj 1917. to be installed in the Bereaii of Indian Affairs which will nfforil - a ..ready analysis of expenditures by appropriations and by units of the servicfe show" ing for each activity or class of work the expenditures for salaries and wager of employees ; construction, repair, and rent of buildings ; traveling expensef transportation of supplies ; stationery, printing, and binding ; telegraphing and telephoning; heat, light, and power service; dry goods, clothing, and sub- sistence ; purchase, repair, and operation of passenger-carrying vehicles ; equip- ment ; fuel ; forage ; schoolroom supplies ; medical supplies ; and for other pur- poses. Such further analysis and such additional changes and improvements in the system of bookkeeping and accounting shall be made as may be advisable in the judgment of the said Secretary. " On the first Monday in December, nineteen hundred and eighteen, and annually thereafter, a detailed statement of expenditures, as heretofore de- scribed, for the preceding fiscal year shall be transmitted to Congress by the Secretary of the Interior. "The sum of $12,000 is hereby appropriated for expenses of Installing the new system of bookkeeping and accounting required by this section, including the pay of expert accountants, at a rate of not exceeding -"^IS per day, and their assistants, to be employed by the Secretarjy of the Interior ; transporta- tion and sleeping-car fare of such employees when traveling under orders of the Commissioner of Indian Affairs; and the purchase of such books, sta- tionery, and other supplies as may be necessary. That is subject to a point of order, is it not? Mr. Meritt. It probably would be, as it changes existing law. I would like, however, to submit our justification for the item: Similar amendments, in diflEerent forms, were passed by the Senate in the first and third sessions of the Sixty-third Congress, but failed each time of enactment into law. The Indian Oflice was thus left in the position of being required to make a complete revision of its bookkeeping system without an appropriation for the employment of assistants, and, at the same time, to carry on the regular work of the office, which has been, and is, a physical im- possibility. Attention is invited in this connection to a hearing before the subcommittee of the Senate Committee on Appropriations on H. R. 7898 (63d Cong. 1st sess., pp. 107-109), to a hearing before the subcommittee of the House Committee on Indian Affairs (63d Cong., 1st sess., pp. 707-708), t« a. hearing before the Senate Committee on Indian Affairs on H. R. 20150 (63d Cong., 3d sess., pp. 291-296), and to "Report to the Joint Commission of the Con- gress of the United States, Sixty-third Congress, third session, to investigate Indian affairs relative to business and accounting methods employed IH tht^ administration of the office of Indian AfCairs." If an appropriation for Installation of a new system can not be obtained it seems imperative that the section be repealed. (Thereupon, at 4.55 o'clock p. m., the committee adjourned.) PRESENTED TO -^ )^ARTWICK COLLEGE ONEONTA. ^4, Y. _^ BY E P. KINNEY fiAN APPROPmATION BILL^Wl^ feti' HEARINGS BEFORE THE COMMITTEE ON INDIAN AFFAIRS OF TH HOUSE OF REPRESENTATIVES ":- M:^- PAIIT^2^. ^,„-/ PRESENTED TO JHARTWSCK COLLEi^: ONEOiMTA, N. Y. BY j^. / J. P. KlNNETf WASHINGTON GOVERNMENT PRINTING OFriOB B 77 COMMITTEE ON INDIAN AFFAIRS. SiXTY-FOUETH CONGEESS. John H. Stephens, Charles D. Cartek, Oklahoma. Thomas F. Konop, Wisconsin. Gael Hayden, Arizona. Lewis L. Morgan, Louisiana. WH.L1AM H. MUKEAY, Oklahoma. Denver S. Church, California. Charles M. Stedman, North Carolina. William J. Sears, Florida. C. C. Dill, Washington. John N. Tillman, Arkansas. Harry L. Gandy, South Dakota. Ctiairman, Texas. Phtlip p. Campbell, Kansas. Patrick D. Norton, North Dakota. Samuel H. Miller, Permsylvania. Stephen Wallace Dempsey, New York. Homer P. Snyder, New York. Royal C. Johnson, Sojith Dakota. Franklin F. Ellsworth, Miimesota. Benigno C. Hernandez, New Mexico. James Wickersham, Alaska. James V. Townsend, clerk. Paul N. Humphrey, Assistant Clerl;. INDIAN APPROPEIATION BILL, 1917. Committee on Indian Affairs, House of Representatives, Tuesday, January 18, 1916. The committee met at 10 o'clock a. m., Hon. John H. Stephens (chairman) presiding. There were present before the committee Hon. Cato Sells, Com- missioner of Indian Affairs; IVfr. E. B. Meritt, Assistant Commissioner of Indian Affairs; Mr. Frank Govern, clerk, Bm-eau of Indian Affairs; and Mr. Webster BaUinger. The Chairman. The com_mittee will come to order. Commissioner Sells is present this morning and desires to be heard on some matters before the committee that were passed over at the former hearing. The first item is on page 35, beginning with line 3. I see that this item has been reduced from $205,000 to $185,000. Then, on page 34 there is an item providing for the expenditure of $4,000 of the tribal funds of the Chippewa Indians. Both of these items are contested by members of the tribe here, Mr. Commissioner, and we would like to have an explanation of them. We would also like, if the commissioner would desire, to have some member of the tribe complaining to state their grievances in a short statement, so that the department will know what reply to make. I requested Mr. BaUinger yesterday to file a brief, but I do not know whether he has done so or not. Mr. Clerk, has that brief been filed? Mr. Ballinger. I have a statement here with me, Mr. Chairman, of which I furnished a copy to the commissioner last night. The Chairman. I wish you could have furnished a copy of it to the department yesterday. Mr. Ballinger. I did, but it was late last evening before I could get it to the department. Commissioner Sells. It came to our attention just before starting up here this morning. The Chairman. You may proceed, Mr. BtiUinger, We wish to expedite matters here this morning, and as you had a few minutes yesterday we can give you the remainder of your time this morning. STATEMENT OF WEBSTER BALIINGEE, REPEESENTING CERTAIN CHIPPEWA INDIANS. Mr. Ballinger. Mr. Chairman and gentlemen of the committee, I will be very brief, and rely upon the statement I am filiiig, in order to conserve your time; and yet I want to be sufficiently exphcit so that you will understand the true nature of the complaint made. „ 4 INDIAN APPEOPBIATION BILL, IDl'?. Mr. Chairman, this is not the complaint of a few individuals. It is not merely the complaint of the delegates who are here representing the tribe. They are acting pursuant to the action of their council, which is representative of the entire tribe — all the Indians in Minne- sota — and their council instructed them to oppose these appropri- ations, and about a year ago directed the president of their council to employ counsel to oppose in the court the use of the $160,000 now being used by the department this year. They do not object to the use of their money for any proper purpose for their tribe. They are just as proud and ambitious as any tribe or similar number of people in this country, but they do object to the useless waste of their funds. Mr. Chairman, by the act of January 14, 1889,, arrangements were made for the sale and disposition of the property of these Indians; the proceeds to be placed in a permanent fund bearing interest at the rate of 5 per cent per annum for a period of 50 years, and for the division of the interest accruing thereon annually, three-fourths to be divided among the members of the tribe for their support, and one-fourth to be used for their education. That fund has now reached more than $6,000,000. Mr. KoNOP. What do you mean by that, you mean the fund that has come in in the interim ? Mr. Ballinger. Yes, sir; the fund in the Treasury amounts now to more than $6,000,000. The interest on that fund now being paid and distributed amounts to more than $300,000, of which more than $75,000 is now being used by the department, separate and apart from this appropriation, and of which they are not called upon or required to render an accomiting; and there has been no accounting rendered. Now, Mr. Chairman, section 7 of the act of January 14, 1889, after providing specifically for the distribution of this fund and the interest, contained this provision: Provided, That Congress may in its discretion from time to time, during the said period of fifty years, appropriate for the purpose of promoting civilization and self- support among said Indians, a portion of said principal, not exceeding five per centum thereof. Any funds appropriated by Congress were to be used for their sup- port and civilization. A year ago it was claimed by the Indian Office that $160,000 was appropriated under a joint resolution, and a state- ment has been rendered of the disposition or expenditure of that fund. Of the $160,000 now being used this year $64,109.41 is being paid in salaries. The Chairman. What amount do you say is paid in salaries ? Mr. Ballinger. $64,109.41 of the $160,000 is being paid for sala- ries of employees. Two-fifths of the entire sum appropriated from their trust funds for their support and civilization is being expended in salaries of employees on the reservation. The Chairman. You mean annually ? Mr. Ballinger. Yes; of the $160,000 being used tliis year two- fifths IS being paid out in salaries of employees, according to their own statement. But, Mr. Chairman, I find from a letter written by the present Commissioner of Indian Affairs to Hon. C. B. Miller, dated February 16, 1915, that there were 218 employees on this reservation that were paid out of this particular fund. That is the same item that was INDIAN APPBOPRIATION BILL, 1917. 5 included the year before, and there were then a number of vacancies. At that time there were $140,000 of the funds of the Indians being expended for the payment of salaries of emplov(,ORTON. That the funds were being lawfully appropriated and expended under authority of the act of January 14, 1889 ? ilr. Ballingeb. Will the commissioner permit an interruption? That case is now pending. It was decided by the lower court but it is now in the Court of Appeals of the District of Columbia. Jlr. Norton. Have you been over the reservation ? Comnaissioner Sells. No, sir; those are some of the reservations that I have not had the opportunity of visiting, and as to the details of those matters I prefer to have the gentlemen who are more ac- quainted with them talk to you. ilr. Norton. I will say, Mr. Sells, as one of the committee, that we thought this was a very good way to take these matters up and discuss them with the department and get some light on them with- out any intent to criticize anybody, but yet get at the real facts. Now, as the statement by Attorney BaUinger has impressed me, it was a general one, simply a mere statement of the expenditure of this gross amount — a statement that the expenditure was a misuse of the funds without any specific charges. Of course, the committee must have something specific to go on. If there is one individual man out there who is being employed unnecessarily we want to know that. But the mere general statement made, so far as I am per- sonally concerned as a member of this committee, gives me no information. Commissioner Sells. That is very kind, and we thank you for bringing these matters to our attention, and we think it is entirely proper that you should have such information as we are able to give 12 INDIAN APPEOPEIATION BILL, Wll. you, and that we would be benefited by such suggestions as you might make to us. Mr. Snyder. Let me ask one question there. Do you know — speaking noAv of the school — whether there are a great many of these Indians upon the reservation going to schools outside of the reser- vation ? Commissioner Sells. My information is that approximately half of them are going to the schools. Mr. KoNOP. Now, I would like to ask you, Mr. Commissioner, abput whether or not in the administration of the affairs of the Indians throughout the entire country the department has adopted or intends to adopt in the future a policy of paying out the competent Indians and getting rid of these trust funds and gradually closing up the affairs of the Indians and letting them go and associate with the civihzed whites ? Commissioner Sells. That is the trend of the policy of the office and the department. Mr. Carter. Should not that be the intention ? Commissioner Sells. I might add that it is the intention. Mr. Hayden. It was stated, Mr. Commissioner, the other day by a gentleman representing these Indians that over 50 per cent of them were self-supporting and competent and that with perfect safety they could receive fee patents for their land; that aU trust funds due them could be turned over to them, and the cost of administration could thereby be greatly reduced. Commissioner Sells. Answering the first part of your question, that is practically true, so far as White Earth is concerned, but it is not true of other reservations. It is the pohcy of the department as fast as the Indians make application or are found to be competent to give them patents in fee and let them take possession of their property and be responsible for it. Mr. Hayden. How do you ascertain whether an Indian is compe- tent or not ? Commissioner Sells. That is done largely through the superin- tendent; and then in addition to that through two commissions that are operating under the direction of the department. Mr. Hayden. When Mr. Miller of Minnesota was before the com- mittee it was suggested to him that it might be advisable to provide for a special competency commission for the Chippewa Indians of Minnesota — payment for the services of this commission to be made out of their trust funds— to ascertain as soon as possible such of these Indians as were competent and to take them off the roUs and give them their property. Is there any objection to that ? Commissioner Sells. There is a serious objection to that. I think, however, the procedure that is now in operation wiU operate the same, and will get the same results. Mr. Hayden. The idea was that we would adopt the same pro- cedure as is now in operation among other Indian tribes, but by appropriating money out of their funds and having a special com- petency commission their affairs would be cleared up sooner. Commissioner Sells. There is no objection to that. However, I might say that the finding of Indians to be competent is going on in all the reservations of the United States continually. There is not a locality where there are competent Indians that applications are not INDIAN" APPEOPKIATION BILL, 1917. 13 being made for patents in fee, and being favorably considered by the office all the time. Mr. Hayden. I was aware of that. Commissioner Sells. And being favorably considered. Mr. Hayden. The only point was as to the affairs of the Minnesota Chippewas, whether a final settlement can not be speeded up. Commissioner Sells. I am inclined to think it might not be in- appropriate to do it. However, at this time I would hesitate to give an opmion as to whether or not such action would secure the best results obtainable. Mr. Gandy. The mere fact that an Indian is declared competent does not close the books so far as he is concerned, or reduce the ad- ministrative expenses, does it? Because that Indian is not finally closed out; he is just given one little portion and he still retains his interest in the tribal fimds, and all that sort of thing. Xow, would it not be a good thing to provide that where Indians arc found to be competent, that in order that we may start upon a decreasing ad- ministrative proposition, that when the Indian is found to be com- petent it shall be closed out as far as he is concerned, and everything that he has got be given to him and close up the books for him ? Commissioner Sells. The thought is good. I believe that when an Indian is found to be competent he should be not only given a patent in fee, but, in so far as it can be done, that all the property coming to him should be paid to him, and that he should be no longer a ward and no longer participate in tribal affairs. In other words, that he should go hence with his property and responsibilities. Mr. Dill. Has the department any statistics or particulars as to the number of Indians not under the control of the department ? Conamissioner Sells. I think we have approximately — I could not make an estimate that would be worth whQe. Mr. Hayden. I wish you would put what you have-on that point in the record. The Chaieman. Would it be possible to open individual accounts with each Indian in your bookkeeping matters ? Commissioner Sells. It would be possible. The Chalrmax. VvTiat would be the possible cost of it? Commissioner Sells. It would be very expensive. Mr. KoNOP. Now, I want to ask you a few questions about these justifications. On page 239 of the justifications for the support and civilization of the Indians at the Blackfeet Agency, :\Iont., including pay of em- ployees, $25,000. Now, the justification for that is, the amount of $15,000 was appropriated in the last bill— that is, for the year ending June 30, 1915; the amount expended, 114,348.19. Of that amount expended, salaries and wages were $8,113.05, and what was really given to the Indians for subsistence was only $1,961.58 — then some other little minor expenditures. On page 245 of the hearings you will find that the sum of $10,000 was appropriated for the support of Rocky Boy's band of Chippewas in Montana. The amount expended was $5,198.30, and of that amount $4,252.20 was expended for subsistence supplies, while salaries, wages, etc.,* were $110. , , , • -i j-^r Commissioner Sells. You understand that there is a wide ditterence in the manner of expenditure. 14 INDIAN APPBOPBIATION BILL, 1911. Mr. KoNOP. What I would like to know is, Does it not seem unrea- sonable and bad business to think that out of a sum of $15,000 for support and subsistence and for the benefit of the Indians, that only such a small portion should reach the Indians and such a high amount be expended in salaries and wages of Government employees ? Mr. Go\ERN. The Blackfeet Indians have several funds in the Treasury applicable for support; one from treaty, another from tribal funds, and when the annual estimates, and the advanced needs reach th* office, the funds are apportioned for various purposes. Mr. KoNOP. I am just citing this as a particular case. Mr. Govern. It does show in this case that a very large portion of this fund of $15,000 was used for the salaries stated here, but nevertheless their needs, inchiding subsistence, were paid in part from other available funds. Mr. Snider. And that does not show there? Mr. Go^^ERN. No. Mr. Carier. I notice in your fiscal statement on page five of the last fiscal year, you report having spent for support and civilization of the Blackfeet Indians $223,991.57; and in that statement you also set out $69,437.78 used for employees, which seems to be in addition to the amount appropriated for them. That is on your fiscal state- ment, page 5. Mr. Govern. That item there, $69,437.78, includes salaries of every kind — schools and everything. Mr. Dill. In addition to what was in your justificatioh ? Mr. Govern. That includes everything. Mr. Snyder. Well, was it plus or minus that ? Mr. Govern. This act requires us to report the total expenditures for all ■ purposes, and the classifications for payments of salaries of employees and support and civilization; so this item of $69,000 includes salaries for all purposes — school, agency, irrigation, and all other employees regularly and irregularly employed on the Blackfeet Reservation. Mr. Dill. But does it include this $8,000 in the justification? Mr. Govern. Yes ; it includes everything. Mr. Dill. Then, this $69,000 was not all spent out of the trust fund ? Mr. Govern. No, sir; it includes other appropriations. Mr. Dill. But you do not imderstand me. Your statement s^ys $69,000 was paid to eniployees out of the trust fund, out of the public or trust fund. Now, does that include the $8,000 that the Government appropriated ? Mr. Govern. Yes, sir. Mr. Dill. Now, may I ask you how the department determined the percentage of expenditures on Indian reservations to be borne by the Government ancf the percentage to be borne by the tribal funds? Mr. Govern. By determining the amount expended from eaph class of funds. Mr. Dill. I notice in some of these trij)al funds that very large amounts of expenses have t)een paid out of thje triljal funds, and very small amounts out of the Government funds; and in other cases large amoimts have been j)aid out of the Government funds amd small amounts from the tribal funds. I wondered, in makihg up tjiese INDIAN APPROPRIATION BILL, 1917. 15 estimates, what was the determining or guiding principle which caused a certain amount to be asked by the Government. Mr. Govern. I think the appropriations made by the Government have been practically uniform m most cases. If we had 115,000 last year we will probably ask for the same amount this year. The other needs of the Indians have to be paid out of the tribal funds or other available appropriations. Mr. Carter. Right there, is it or is it not a fact that the amount used out of the tribal funds is determined by legislation by Congress and agreement of the tribe ? Mr. Meritt. Yes, sir; very largely. We have authority to use the funds for certain purposes. In some instances it is for their support and civilization. The Chairman. Indians, as I understand it, that have not funds sufl&cient for support and civilization go to the gratuity fund for it. Mr. Meritt. The gratuity funds are usually used before the tribal funds. Mr. Norton. Now you say that for the support and civilization of a certain tribe an amount is asked one year, and the same amount is usually asked the next year. In the case of the Flathead Agency in Montana, the appropriation in 1915, or last year, was $12,000. Now, $20,000 is asked for this year. It seems that there is a necessity for an additional $8,000, and that justification appealed to the committee here rather favor- ably; but in that justification there was not disclosed to most of the members of the committee the fact that for the Flathead Reserva- tion there was expended last year not $12,000 for support and civili- zation, but $157,425. Mr. Meritt. The reason we are asking for an increased appropria- tion for the Flathead Agency is because we find that there are a large number of very old and decrepit Indians on the Flathead Reserva- tion who have not heretofore been receiving aU the care and attention that they should receive, and it is for the purpose of taking care of those old Indians that we are asking for an increased appropriation for the Flatheads. In making up the justifications for these various items we justify the particular appropriation that we are asking for, and in these reports that we are required under law to submit to Congress we show the exact amount of funds that are expended at each agency, as well as showing the condition of the funds on the various reservations. Mx. Norton. Now, just a moment, in the report of the money expended for support and civilization of the Indians on the Flathead Reservation, which report is found on page 5 of the fiscal report of your department, does that $157,425 expended for support and civili- zation include the expenditure of $12,000 appropriated for in the Indian appropriation bill for 1915? Mr. Meritt. Yes, sir; that includes everything. Mr. Norton. From the form of the report, if I may suggest, it would not seem to include that, for the reason that in the form of the report you give a reference for the appropriation to a statute, a particular statute, how and when the funds were created — but, as you say, that includes all the expenditures. It includes expendi- tures made under authority of volume 33, Statutes at Large, page 305; 16 lA^DIAir APPEOPEIATION BILL^ 1917. volume 22, Statutes at Large, page 590, and volume 24, Statutes at Large, page 463; and also the law of the appropriation bill for 1915. Mr. Mekitt. Those statutes referred to require us to make certain expenditures, and it is for the convenience of Members of Congress that we give those references. For example, spending money for the construction of an irrigation project on that reservation which will cost several million dollars when completed. We have already- expended more than a million dollars on that project. Mr. Norton. The amount expended for that project during the fiscal year is included in this statement. Now do those statutes authorize you to expend just approximately $145,000 a year? Mr. Meritt. No, sir; the statutes do not authorize the specific expenditure of any certain amount. Mr. Norton. Could you, or if it were needed for indigent Indians take out of the tribal funds this year, under those statutes referred to there, and additional $8,000 over what you took last year? Mr. Meritt. No, sir. Mr. Norton. Why not ? Mr. Meritt. Because the fund is not available for that purpose without authority from Congress, and we are asking for that authority in our estimates for this year. Mr. Dill. Was not $157,000 used last year? _ Mr. Meritt. We have used part of that for irrigation, which was provided for in the Indian appropriation biU. We have to come to Congress for these specific appropriations each year, but of course there are general laws which permit us to use tribal funds within the discretion of the Secretary of the Interior and the Commissioner of Indian Affairs. Mr. Norton. I think that was one thing the committee wanted to get clear in mind. Then you desire us to understand that for the support of the Flathead Indians you would not have authority The Chairman (interposing). Is this reimbursable? Mr. Meritt. The appropriation for irrigation is reimbursable. Mr. Norton. You would not have authority to take out of the tribal funds any money to care for these indigent Indians you refer to ? Mr. Meritt. No, sir; we would not, out of the tribal funds.- We would have out of what are known as " Indian money, proceeds of labor." We can use those funds within the discretion of the Secretary of the Interior under the authority granted by Congress. Mr. Govern. The acts of March 3, 1883, and March 2, 1887,. authorize the Secretary of the Interior to use grazing and certain other classes of tribal funds for the benefit of the Indians. Mr. Gandy. Then, wouldn't the taking care of indigent Indians be for the benefit of the Indians ? Mr. Meritt. The funds to the credit of the Flathead Indians are largely from the sale of lands and the sale of timber, therefore those funds can not be used within the discretion of the Secretary of the Interior and the Commissioner of Indian Affairs without specific authority of law. Mr. Dill. May I ask what would be the attitude of the department to the plan of having these specific amounts of tribal funds being ex- pended, appropriated by Congress? In other words, that Congress appropriate all the money spent for the Indians, whether from tribal funds or otherwise, in order that the committee making an appropri- INDIAN APPBOPEIATION BILL, 1917. 17 ation may know how much money was goin^ to be spent for those Indians ; so that this committee would make all appropriations out of tribal funds and out of the Government funds for the Indians ? Mr. Meeitt. We furnish to Congress annually reports showing exactly the amount of money expended out of the tribal funds of the Indians. Of course, it js rather (difficult to state a year in advance the exact amount that will be needed for aU purposes in the Indian Service. Mr. Dill. Every department of the Government service does that, do they not ? Mr. Meejtt. No, sir; a large number of the departments get their appropriations in lump sum, and we probably give more detailed information in connection with our appropriations than any other biu-eau of the Government. The Chaieman. Half the amoimt expended is lump-sum appropri- ations in this biU, is it not ? Mr. Meeitt. Yes, sir; quite a large amount is lump-sum appro- priations. Commissioner Sells. Mr. Chairman, may I call your attention to a question from Congressman Konop, in which he made reference to Roclcy Boy's Band. He called attention to the sum that is used for supplies as compared with the administrative expense. The Rocky Boy's Band consists of a varying number from 400 to 500 roving Indians. They have no home, no fixed place of habitation other than perhaps the State of Montana. They have been whoUy without means of support, and have been dependent pretty largely upon public charity. They were located over near Fort Peck at one time, and later in the most barren and the coldest part of the Blackfeet Reservation, in which last place it was impossible for them to survive, and they were dissatisfied and contiaued their rovings. At times they have suffered greatly, and Congress has been asked to contribute to their support. There has been no administrative expense connected with them because they have had no administration, no agency, no {)articular habitation, until recently when they have been temporarily ocated on the southern portion of the Fort Assiniboine Reservation or territory. The Chaieman. Is there no place where you can get public lands in order to have them definitely located ? Commissioner Sells. We think we have a solution of that matter, and a biU is now pending before Congress asking that four townships on the south end of Fort Assiniboine be made a reservation for these people. Mr. Snydee. Is it public land, Mr. Commissioner ? Commissioner Sells. Yes, sir. Mr. Hayden. I understood that had been transferred to the State of Montana ? Commissioner Sells. No, just the fort itseM, the buildings; but the reservation has not. Now, these Indians have been temporarily located down there, and they are doing quite well. They have produced good gardens recently, and to the extent that they have had f acihties for operating they have surpassed expectations in their industry and accomplish- ments; and as I say, there is a biU pending before Congress in which 25135— PT 2—16 2 18 INDIAN APPEOPBIATION BILL, 1917. I am very much interested, looking toward establishing a permanent home for them there on a small reservation. They are bemg looked after by the superintendent of the Fort Belknap Reservations. The CHAiRivrAN. You think we could reduce this appropriation then? Commissioner Sells. Not at this time; no. It would be a mis- fortune if it should be done. Mr. Carter. I think it would be impossible to locate that roving band of Indians on a reservation. Has not that been tried in the past ? Commissioner Sells. Never with justice to the Indians. They have been placed where no white man could live; where it was impossible for them to survive. They have never been given a fair opportunity. It looks now as though the matter was more nearly reaching adjustment than ever before. I trust Congress will pass the bUl that is pending and we wiU be able to work out a permanent solution for the Rocky Boy Indians. That accounts for the amoimt that has been given to these Indians for subsistence, and practically nothing for anything else. Mr. Koxop. Now, I would Uke to ask a few questions along the lines that I have been thuiking about, but have been interrupted and have not had a chance to develpp it. T\Tiat I want to know is this: It has cost oi;ly $110 to distribute $4,252.20 for subsistence for this Rocky Boy's Band of Indians, while at other agencies it is costing a whole lot more to distribute supplies and things for subsistence and support of the Indians. Commissioner Sells. That is accounted for in this way, that the superintendent of the Blackfeet, Mr. Ellis,' formerly did that work, and recently Mi-. Martin, of the Fort Belknap, has done it without expense to the Government, except a little incidental expenses. Mr. KoNOP. Well, now, if that can be done in this case, why is it necessary that in all these other cases such large amounts of money have been spent for salaries of officials and only such a small amount of what we appropriate is given to the Indians for subsistence, for support and 'supplies ? The Chairman. It would not be a proper comparison, because you have a regular established agency, as I understand, in these other places, and you have to pay the salary of the agent, I suppose; but why could not a lot of these agencies be eliminated and some of these agents do a little extra work among other Indians, and what they are doing over here ? Commissioner Sells. Well, your objection, of course, looks good iin a way, but when you undertake to reduce the expenditure, or rather eliminate the expenditure, of a great reservation with all of its ramifications and accomplishments and possibilities, it is a very serious matter to approach. The Chairman. Is it necessary, Mr. Sells, to have a separate agent among the different tribes of Indians; or by reason of the Indian tribes being so scattered over the United States would it be impracticable to do away with any of the tribes you now have ? Commissioner Sells. Almost universally that is true. The Chairman. It would cost more to travel from one agency to another to look after it than would be saved ? INDIAN APPEOPEIATION BILL, 191'?. 19 Commissioner Sells. Mr. Chairman, the superintendent of one of those large reservations has a big job if he performs his duties and accompUshes the desires of the bureau in working up betterments looking toward economy, self-support, and advancement of the Indians. It is an administrative function that calls for genius, devotion, and vision. The administrative responsibility, involving sometimes several thousand Indians on a great reservation where efforts are being made to utilize not only of the physical conditions for the betterment of the individual Indian, that he may take on the ways of industry and of self-support, but that the whole machinery of the agency shall be so conducted as to minimize the expense by utilization of every opportunity, if properly done, as we are indus- triously seeking to have it bro'ught about, is a very big affair. Mr. KoNOP. Let me ask you, is it the intention of the department to have an agency when you finally determine where this Rocky Boy's Band of Chippewas is to be placed ? Are you going to create an agency there ? Commissioner Sells. We will have an agent there for these par- ticular Indians. It will involve some administrative expense, but very httle — comparatively small. Mr. Gandy. When this new agency comes into bein^ and we have an administrative function there, and that agency will be on a par with the rest of them, about 80 per cent of the expenditure will be for salaries and wages and 20 per cent will be spent for subsistence 1 Commissioner Sells. It might be 80 per cent for salaries and 20 per cent for subsistence if the amount was small. I anticipate that the Rocky Boys, if placed on these four townships, would soon become practically self-supporting, and that the administrative expense would be very small. ;Mr. Johnson. One more question along the hue that Mr. Konop has been asking. On pages 12 and 13 of your fiscal report I find that to put subsistence to the amount of $39,000 in the hands of the Pine Ridge and Rosebud Reservations cost $117,374.47 m salaries and wages. To put subsistence $85,000 into the hands of the Indians on the lower Brule it cost in salaries and wages $20,664.18; while to put m subsistence $2,902 in the Siletz and Grande Ronde Indians cost m salaries and wages $7,674.67. Now, why is there such an immense difference in the salaries and wages and subsistence on a percentage basis? 1, J. 1 J- Mr. Meritt. This amount stated here shows all ol the expendi- tures for salaries on those several reservations. For example, the Pine Ridge Reservation, as you know, covers a large area m South Dakota, as large as some of the New England States, and we have a great many schools on that reservation— probably 30 separate schools. There are more than 6,000 employees and Indians on that reservation, and with such a large Indian country a,nd so many Indians involved, and with all these various schools, it necessarily requires a large number of employees to conduct those educational and industrial operations. . . . , Mr Johnson. Now, Mr. Meritt, in your opinion is it worth while tor the department to pay out $7,674.67 in salaries and wages to get $2,900 in subsistence, support, and oivUization m the Silctz and Grand Ronde Reservations ? 20 -INDIAN APPKOPBIATION BILL, 1911. Mr. Meritt. Certainly not, if that money were simply used for that particular purpose; but it should be borne in mind that those salaries are used not for the purpose of getting this subsistence into the hands of the Indians, but for the purpose of educating the Indian and for the purpose of getting him started industrially on his allotment, for the purpose of supplying medicine and doctors to hini when he is sick, and other needs not necessarily connected with subsistence. In fact, the loss actual subsistence wc give to the Indians on the reservations the higher the standard of civihzation those Indians will have ob- tained. It is not a question of subsistence being given to all Indians. In fact, I would rather see not a dollar given to Indians for actual subsistence where it can be properly avoided, because the sooner we get the Indians absolutely free from Government subsistence the quicker wiU they rise to a higher standard of civilization; and that is one of the primary objects ol the Indian Bureau. Mr. Johnson. In other words, the object of the bureau is to educate them, not to support them? Mr. Meritt. Yes, sir. Mr. Johnson. That would make a difference in the education. Mr. Meritt. The primary object of the Indian Bureau is to get all the Indians to become self-supporting citizens. Mr. Snyder. May I ask a question there? In the appropriation biU, here on page 39, is an item for the support and civilization of Indians of the Flathead Agency, including pay of employees. You ask for $20,000 this year. In the justification, page 238 of the figures is an item for equipment, material, etc., $1,847.77. I would hke to know if that equipment and material was for the actual use of the Indians, or was it for the use of the employees ? Mr. Meritt. Part of that was for the carrying on ol the operations of the agency. Mr. Johnson. And in this whole item here all the Indians got out of the $12,000 that was appropriated last year was a httle better than $2,000? Mr. Meritt. They got a good deal for other purposes. Mr. Johnson. They got $848 for subsistence supphes, $1,314 for forage, $732 for fuel, and some other things here. Mr. Meritt. Yes, sir. Mr. Johnson. Now, you ask for $8,000 more, and on that same percentage, out of the increased $8,000 they would get about $1,000. One thousand dollars would get to the Indians and $7,000 more would be spent for salaries and traveling expenses, etc. ? Mr. Meritt. No, sir; we intend to use every dollar of that addi- tional appropriation for the support of those mdigent Indians. Mr. Johnson. You do not think there would be any further expense of distribution ? Mr. Meritt. No, sir; the distribution of that fund would amount to practically nothing. Sir. Norton. This is one of the items that rather started the in- ?[uiry of the committee yesterday. In the justification here the ollowing statement is made : During the hearings before the Senate Committee on Indian Affairs last January Senator Myers told of reports received by liim about the pitiable condition of many aged, insane, indigent, sick, and poverty stricken Indians of that agency; that the Catholic Church was aiding in the alleviation of suffering, and that the annual appro- INDIAN APPROPEIATION BILL, 191'7. 21 priation made by Congress for these Indians should be increased to properly care for the needs. Reports have also been received from the superintendent relative to the old and indip:ent, and the larger number of those requiring help because of their inability to obtain work. The committee thought yesterday that that was a rather pathetic justification and appefd, and then they considered the fact that last year for those old Indians out of this $12,000 appropriation only $949.16 actually went to subsistence. Now, we took it that that subsistence was for the Indians rather than for the employees. Mr. Meritt. Oh, yes; all that is for the Indians: none of it for the imployees. Mr. Snyder. $800 out of $12,000 seemed a pretty small amount to actually get for the Indians. Mr. Norton. An amendment was suggested that if the additional $8,000 was granted that the department wanted, that the amendment should recite that it should all go to subsistence. Mr. Meritt. I have not the slightest objection to that, because that is our purpose in asking for the increased appropriation. Mr. Ellsworth. I would like to suggest that if the commissioner is to be here only this forenoon I hope we will soon be able to get to these matters of these proposed amendments. Mr. Carter. There are several things we have gone into that per- haps we should not have done, but since we have wandered into them there are several things I should like to get clear in my mind. Commissioner Sells. If it is desired I will be glad to come back this afternoon on other matters. I want to be as helpful as possible to the committee. The Chairman. Gentlemen, it seems to me it would be better legislation if we would go through one matter at a time and finish it up. We came here to take up this Minnesota matter, and we have spent five minutes on that and an hour and a half on other matters. It is all very interesting now, but we ought to take these matters up more methodically. Mr. Carter. I would like to have about five minutes on these items while we are on them, so we will have the record right together here. It will not take but a few minutes, and I can clear up some of these things that we do not quite understand. Mr. Meritt, I notice you say none of these tribal funds can be used now for the support of these indigent Indians on the Flathead Reservation. Mr. Meritt. On the Flathead Reservation the funds that are derived from the sale of lands and from the sale of timber, if I remem- ber correctly, would not be available for that purpose without legislation by Congress. ,,..., Mr. Carter. Now you have $157,425 there expended for the sup- port and civilization. What do you mean by that ? Mr Meritt. We expended quite a large amount ot money tor irrigation on that reservation. That would come under the term "support and civilization" of Indians. _ Mrf Carter. How much ? Can you tell the committee how much < Mr Meritt. As will be seen from, the table which we are submit- ting showing the expenditures at the Flathead Agency, of the amount of- $157^425 expended for support and civiUzation there was included $84 624.56 for irrigation purposes. You will notice also from tne table submitted that from the amount of $74,471.71 shown m House 22 INDIAN APPKOPBIATION BILL, 191'7. Document No. 154 to have been expended for salaries of employees $46,111.77 was expended for irrigation purposes, making a total expenditure of $130,736.33 for irrigation work on the Flathead Reservation. Mr. Cartee. Have you spent any for schools 1 Mr. Meritt. Yes, sir; we have schools on that reservation. Mr. Carter. And part of that has been spent for schools ? Mr. Meritt. Part of the appropriations by Congress has been expended for schools on that reservation. Mr. Carter. Has any part of this money for support and civiliza- tion been spent for schools ? Mr. Meritt. I think so. Mr. Carter. What other purposes wa,s it spent for? Mr. Meritt. For agency employees. Mr. Carter. Not for support and civilization. Salaries of em- ployees amounted to $74,000 in addition. Mr. Meritt. "We can furnish you with a detailed statement of the expenditure of this fund for the entire reservation. Mr. Carter. That is what I want to get at. That is, I want to find out what we are expending that for, and that is what the com- mittee wants. The committee is interested to know exactly what benefits the Indians are getting from these funds that are being used of theirs, and what they are being applied to. Mr. Meritt. The following statement shows in detail the expend- itures on account of the Indians at the Flathead Agency, Mont., for the fiscal year 1915: Salaries, wages, etc. Travel- ing ex- penses. Trans- porta- tion of 'supplies. Per capita pay- ments. Commu- nication service. Printingi binding advertiS" ing, etc. FLATHEAD AGENCY. Support of Indians of Flathead, Agency, Mont., 1915 (1) 54,606.74 (2) S976.49 (3) 372.77 1,977.80 (*) (5) S50.90 (6) S47. 60 Purchase and transportation of Indian 2,503.49 168. 00 7,247.02 3.76 97.65 $40. 00 Miscellaneous receipts; 32.00 47.85 1,305.00 Indnstnal work and care of timber, 1916: 3, 641. 60 3,013.00 2,070.00 Sawmill, etc., Flathead Reservation, Mont, (reimbursable) Surveying and allotting Indian reserva- tions (reimbursable) 209.85 Irrigation system, Flathead Reservation (reimbursable) 46,111.77 50.17 4.35 Irrigation, Indian reservations (reimburs- able) Total 69,362.12 6, 109. 69 1,180.26 3,366.67 40.00 60.90 289. 3S FLATHEAD DAY SCH04L3, Grand total 74,471.71 1,180.26 3,365.57 40.00 50.90 289.35 INDIAN APPKOPKIATION BILL, 1917. 23 Subsist- ence supplies. Dry goods, wearing apparel, etc. Forage. Fuel, 11- lumi- nants, lu- bricants, etc. Station- ery and office supplies. Educa- tional supplies. FLATHEAD AGENCY. Support o£ Indians of Flathead AKencv, Mont., 1915 ....:.. (V)- «848. 16 5.69 831.39 (8) (9) $1,314.22 (10) $732. 33 (11) $390. 45 (12) Pay of Indian police, 1915 8217.76 Indian moneys, proceeds of labor 20.50 103.02 Miscellaneous receipts, class 4 25.00 Relieving distress and prevention of dis- ease among Indians, 1915 10.99 Total... 1,685.24 90.37 228.75 1 1,339.22 855 85 1 300 4.!^ FLATHEAD DAY SCHOOLS. 104.00 $152. 5S Grand total . 1, 775. 61 228. 75 1,339.22 959.85 390.45 152. 53 Medical supplies. Equip- ment, material, etc. Construc- tion. Repairs. Miscel- laneous. Total. FLATHEAD AGENCY. Support of Indians of Flathead .Agency, Mont 1915 ' .... (13) $192. 10 (14) $1,847.77 (15) (16) (17) $371.36 (18) * $11,450.7S Purchase and transportation of Indian 1,977.88 $106. 12 106. 12 2,726.94 168.0* 647. 64 $120.00 499. 71 9, 410. 6i Indian schools support, 1915 (tuition in ■620.48 620. 48 Miscellaneous receipts: Class 4 6.70 232.37 Class 5 - 4.50 3 2,541.99 36.50 2 29,211.73 357. 00 2,602.77 33, 106. 57 Industrial work and care of timber, 1916: 3,998.50 5,615.77 Proceeds of' Flathead patented lands, Bittpr Rnnt Vallpv Mont * 1,947.83 1,947. 8J Relleviog distress and prevention of dis- 16. 25 221.(6 249. 20 5,138.77 5,138.77 Sawmill, etc., Flathead Reservation, 2,070.00' Buildings, etc., Flathead Reservation, 16, 600. 29 16,600.29 Surveying and allotting Indian reserva- 209. 8.T Irrigation system, Flat', ead Reservation 63,717.23 '■20,852 81 130,731.88 Irrigation, Indian reservations (reimburs- able) 4.3S Total 208.35 98,612.80 77. m 16,720.29 605.83 31,477.74 226,402.73 ^ FLATHEAD DAY SCHOOLS. Indian schools, support, 1915 5,533.9* 208.35 98, 690. 30 16, 720. 29 605.83 31,477.74 231,936.71 2 Horses, '$18,870; cov.-s, .S460; implemer.t^. wag=-s, etc.. ',1,695.73: fence wire, S1,1P6. 3 @eed < To Indians for their shares of proceeds arising from the sale of land. 5 Earnings on Wilson Bros, and Nelson Rich contracts. RECAPITULATION. Support, mdlMlfiatlon (including all items sho™ above except tiiose contamed in columns 1 and 4)., Percapita payments Total expenditure. , $74,471.71 157,425.00 40:00 231,936.71 24 INDIAN APPEOPEIATION BILL, l&Vl. Mr. Carter. I think the committee would hke that information, and it ought to ask t]ie bureau some questions along those lines on every item in this statement. The Chairman. When a lump sum is given for employees at an agency; does that include or exclude the teachers that are employed at the agency ? When you speak of payment to employees — a lump sum for employees — does that include school teachers ? Mr. Meritt. Not on the reservations. We pay the salaries of reservation school employees out of a lump-sum appropriation of $1,500,000, found in the first part of the bill. Mr. Carter. Now, Mr. Meritt, you do not make that quite clear. You say in the heading here "Salaries of employees, $74,471." Do you mean by that that 174,471 was spent for employees outside of the schools on that reservation ? Mr. Meeitt. No, sir; that statement includes aU the employees on that reservation, but I wanted to distinguish between the item for support and civilization of the Indians on that reservation, and also the school items brought out by the question of the chairman. Mr. Norton. Then, $157,000 is not all you had expended out there, by a long ways. You had expended that million-dollar lump-sum appropriation. Mr. Carter. Now, I notice, Mr. Meritt, that you have in the column "Balances to credit of each tribe June 30, 1915," the follow- ing amount provided, $63,818.70, proceeds of Flathead Reservation, Mont., and $10,474.70, Indian moneys, proceeds of labor, Flathead. That was all the money the Indians had in the Treasury at that time — at the time this statement was made? Mr. Mehitt. Yes, sir. Mr. Carter. How much do those funds amount to annually ? Mr. Meritt. It depends on the sale of lands and the sale of timl?er. Mr. Carter. Can you give the committee any approximation of it? Mr. Meritt. The receipts for the fiscal year 1915 were approxi- mately $57,000. Mr. Carter. Now, I want to ask you one or two questions about another matter. Is the expenditure of these funds which are not appropriated by Congress, what you are governed by? What are your authorizations for the expenditures ? Mr. Meritt. We are governed by the actual needs of the Indians on the various reservations. Mr. Carter. No; what are your authorizations of expenditures? Mr. Meritt. We have the authority of law, the act of Congress which permits us to use these funds. Mr. Carter. Is that authority through treaties or act of Congress ? Mr. Meritt. Under both treaties and act of Congress. _ Mr. Carter. When you make a treaty with the Indians, as you did this treaty with the C'hippewas of 1889, do you usually have a statement in those treaties as to what shall be done at the disposal of the tribal property, and what shall be done with the proceeds ? Mr. Meritt. We have on the statute books, Mr. Carter, more than a thousand laws relating to Indian matters, and between 300 and 400 treaties, and these treaties are different on different reservations. Mr. Carter. I understand that, but if you are going to settle a reservation now, and you settle that reservation, and they had sur- plus land — timber or other tribal property to be sold — would or INDIAN APPEOPEIATION BILL, 1917. 25 would you not provide that their property should be sold, and also provide for the distribution of the proceeds of that property in that treaty ? Ml-. Meritt. Yes, sir; we would. Mr. Carter. You understand that there have been no treaties or agreements of Congress since 1 874. Mr. Meritt. Yes, sir; the disposition of tribal property of late years has been through acts of Congress. Mr. Carter. -But usually after an agreement was made with the Indians; isn't that true? Mr. Meritt. No, sir; not always; because Congress may control the reservations and may dispose of tribal lands without either treaties or agreements, as was decided by the Supreme Court in the Lone WoK case. Mr. Carter. Well, when you have an agreement, you always take pains to have in that agreement, do you not, that the proceeds of sale of all property that is not allotted shall be divided ? Mr. Meritt. That, of course, depends on the reservation and the scope of the treaty. On some of the reservations we have treaties and agreements to the effect that the surplus property shall be disposed of, and the money derived therefrom shall be deposited to the credit of the tribe in the Treasury of the United States, and shall draw so much interest; and in some cases the Secretary of the Interior has been given discretion to use these funds for the support and civiliza- tion of the Indians without further legislation by Congress. Mr. Carter. The specific thing I am trying to get at is this: I want to know your authorization for these expenditures v/hich Congress does not annually appropriate for; and I want to know to just what extent the Indian is consulted when his reservation is being closed up; as to what shall l)e done with the proceeds of the tri]>al property. Mr. Meritt. Take the Crow Reservation, for example. The agreement and the legislation by Congress prescribe that we shall confer with the Crow Indians in the further disposition of their property; and we have conferred with those Indians in compliance with that agreement and that legislation by Congress. Mr. Carter. So, in some cases the Indian is consulted about what shall be done with his property and in other cases tliey are not con- sulted ? Mr. Meritt. It depends very largely on the laws, treaties, and agreements; but .the general policy is to confer with the Indians. Mr. Carter. I am not making any criticism of the bureau, you understand, because you can not spend money now without authori- zation of Congress. Now, I want to find out iaow far the bureau and Congress .has been lax in their duty in this respect. While it has been held by the Supreme Court that the United States has a right to abro- gate any treaty or agreement at any time it desires with any tribe, I think that is a very inhuman thing to do, because it is the law that might makes right; and I am of the opinion that the Indians ought to be consulted upon what is going to be done with their tribal estate, and I am trying to find out if that has been done by Congress and the bureau ? Commissioner Sells. That is mighty good doctrine. IVIr. Meritt. We have been trying to carry out that policy, Mr. Carter, in connection with the disposition of the tribal property of the. Indians. 26 INDIAN APPEOPEIATION BILL, 1917. Mr. Carter. Now, I have in mind some agreements you have made in which you provide that the tribal property will be sold and the funds placed in the Treasury, and that certain funds shall be expended so and BO, and that certain funds shall be expended for the expenses in connec- tion with the disposition of the property, and other funds shall be divided per capita among the Indians; and I assume that that has been done with most Indian tribes. If it has not been done, it should have been done. Mr. Meritt. Yes, sir. Along that line there have been laws enacted by Congress opening their reservations over the protest of the Indians, and in some cases I think even over the protest of the Indian Bureau. I believe that the Indians should , always be con- sulted in regard to the opening of their reservations. Mr. Carter. Let me ask you another question in regard to putting an Indian on his own responsibility. Did you say that you would give us the number of Indians who have been placed on their own responsibility ? Mr. Meritt. About one-third of the Indians of the United States have been placed on their own responsibility. Mr. Carter. And the department has nothing fi^rther to do v\"ith them '] Mr. Meritt. The department has nothing further to do with them" so far as their land is concerned, but there are certain tribal funds in the Treasury that we can not reach without further legislation by Congress, which we are asking for in this bill. Mr. Carter. But I mean individually, the department has not any further supervision over them ? Mr. Meritt. No, sir. Mr. Carter. They are United States citizens to all intents and purposes ? Mr. Meritt. Yes, sir. Mr. Carter. Now, Mr. I'leritt, what is your procedure for placing an Indian on his own responsibility when he becomes competent ? Mr. Meritt. There are different procedures, Mr. Carter. In the Five Civilized Tribes Congress, by legislation, has authorized the removal of restrictions on certain (lasses of Indians, with which you are familiar. Outside the Five Civilized Tribes we issue to the Indian what is known as a trust patent, when he is given an allotment. That trust pat.^nt runs for a period of -25 years unless he becomes competent and is so decided by the department. If he is declared competent by the department we then issue to him a patent in fee, and that gives him absolute control over his property. Mr. Carter. Now, when an individual Indian becomes competent and wants to have all of his restrictions removed, what is the pro cedure ? Mr. Meritt. The Indian makes application to the superintendent on the reservation for a patent in fee. That superintendent makes his recommendation to the bureau, and we submit our recommenda- tion to the department. Mr. Carter. Then the department is the court of last resort? Mr. Meritt. Yes, sir; the department is the court of last resort. Mr. Carter. Is not that rather a long procedure of red tape? Do you not think it discourages the Indian from applying for the remova,! of his restrictions ? INDIAN APPKOPEIATION BILL, lail 27 Mr. Meritt. No, sir; the Secretary of the Interior right now is en- couraging competent Indians to make application for patents in fee, and has two commissions in the field for that purpose. Mr. Carter. But is not your present procedure too cumbersome? Mr. Meritt. I do not thmk so, Mr. Carter. Mr. Carter. Now, how long does it take you to remove the restric- tions of an Indian after his application is ffled with the superintend- ent, or appealed to you 1 Mr. Meritt. It ought not to take over 60 days. Mr. Carter. But it usually takes a great deal longer than that. Mr. Meritt. In some eases it does, in others it does not. Mr. Carter. If you had a good superintendent whom your com- missioner could trust upon each reservation, do you not think it would be better to place that in the hands of the superintendent, or any one proper person? Do you not think it would be better to stop with the commissioner and not have the further red tape of going to the Secretary of the Interior? Mr. Meritt. If the law were chfiiged, I think it would be sufficient to bring it to attention and action of the Commissioner of Indian Affairs, but of course under existing law we are required to go to the department. Mr. Carter. You would not think the superintendent ought to be permitted himself to remove restrictions* Mr. Meritt. No, sir; I do not think so. Mr. Carter. Now, just r, moment — do you not think the man who looks the fellow in the face and makes a visual size-up of him is more competent to teU whether that man is competent to attend to his own affairs than a man 2,000 miles away who never saw the fellow and gets all of his informal ion from this same superintendent's report ? Mr. Meritt. I think, of course, that the superintendent on the ground is in a better position to pass on the competency of an Indian than an official in Washington, but it is necessary to have checks and balances in the administration of Indian matters. Mr. Carter. Could not that be done by Government inspection? Mr. Meritt. That is being done now to a considerable extent under this commission form that has been inaugurated by Secretary Lane. Mr. Hayden. WiU you just explain that commission form ? Mr. Meritt. The Secretary is sending two commissions to the Indian country. Each commission is composed of two experienced men, who go on the reservation, and with the superintendent of the reservation go over the list of Indians on that reservation, visit their homes , and look into their status. If that commission of three — composed of the two gentlemen selected by the Secretary and the super- intendent — decides that an Indian is competent and entitled to a patent in fee, the commission submits a recommendation to the Commissioner of Indian Affairs, and the Commissioner of Indian Affairs submits a recommendation to the Secretary of the Interior, who directs that a patent in fee be issued to the Indian. Mr. Hayden; What is the salary of these two traveling com- missioners ? Mr. Meritt. They are inspectors who are paid a regular salary. Mr. Hayden. They get about $2,000 a year ? 28 INDIAN APPROPRIATION BILL, 1917. Mr. Meeitt. Some get $2,000, some $2,500, and one gets $3,000 a year. Commissioner Sells. These men performing this work are sele'cted from other positions. One of them is a leading superintendent; another is a long-time inspector; another is an inspector; and the fourth is one of the most experienced employees of the bureau. They are all working on the salaries they would otherwise receive. Mr. Hayden. How long do you think it would take two commis- sioners appointed for the Chippewa Indians of Minnesota to go over the six reservations in that State and select the competent Indians and turn them loose ? Two commissioners acting with the agent. Suppose they went to one reservation and took the superintendent of that reservation. That would make three of them composing the commission to examine the Indians there to decide which Indians were competent. Then they would move on to the next reservation, the two traveling commissioners, and the agent there would form a commission on that reservation. How long then would it take to go over the six reservations of Minnesota ? Mr. Meritt. It would not take longer than six months to go over the entire Chippewa country, composed of 11,000 Indians. Mr. Hayden. Tlien if we put a proviso in this bill authorizing two special commissioners, at $2,500 a 3^ear a piece, they could clean up this whole Chipnewa country in a year, could they? Mr. Meritt. 1 think so, but you would find some difficulty in the Chippewa country, because one reservation — Red Lake — has not been allotted, and it would be impracticable to give the Indians on that reservation a patent in fee for the tribal lands. Mr. Hayden. But you could fix up the other five ? Ml'. MERrrT. Yes, sir. Mr. Carter. Now, when this commission passes upon the com- petency of these fellows, is that final ? ]\£r. Meritt. It is final when it is approved by the Secretary of the Iriu.=!rior. Mr. Carter. It has to go through the same process that it does when the fellow makes his personal application to the man in the field? Mr. Meritt. Not exactly. This commission submits their recom- mendation direct to the Commissioner of Indian Affairs, and the Commissioner of Indian Affairs makes a report and recommendation to the Secretary of the Interior. Mr. Carter. Isn't that the same process as it is when the man makes a field application ? Commissioner Sells. Other than this, Mr. Carter, that under those circumstances the report of the commissioner is considered practically determining. Mr. Carter. Is that not largely the case with your superintendents, as a rule ? Commissioner Sells. Not nearly so much so. Mr. Carter. You have then as your commissioners men whom you consider more competent to do that business than your super- intendents ? Commissioner Sells. Not necessarily so, but men who have been selected because of their experience and adaptability and such knowl- INDIAN APPKOPEIATION BILL, 1917. 29 edge of conditions as to make them particularly capable of performing these duties. They are giving their entire attention to this matter and acting in a semijudicial capacity. Mr. Carter. Then you have answered my question in two ways. You say not necessarily, and then I think you say they are on account of peculiar conditions. Commissioner Sells. There are some superintendents who might perform the duties just as well. Mr. Carter. That is what I am trying to get. Commissioner Sells. But, perhaps the commissioners are best equipped — undoubtedly they are. They have been selected for their peculiar fitness for that work. Mr. Carter. What is your opinion about the many superinten- dents — you say some of them are competent — permitting those that are competent to pass upon the qualifications of an Indian? Commissioner Sells. I would hesitate to say that I thought it would be a good thing to do, generally. I believe that the pro- cedure now is not especially faulty. Mr. Carter. Well, the only difficulty now, Mr. Commissioner — I should say the only complaint I hear is the time, and that heretofore it would have to go through so many channels — which is perfectly natural. Commissioner Sells. I do not know of any complaints along that line. I do not think there is undue delay. My own judgment is that an Indian who is competent should receive his patent in fee, and that it should progress as rapidly as circumstances justify. But, Mr. Carter, may I add that it can be abused, and it can be abused not only to the detriment of the Indian but to his utter destruction and poverty. Mr. Carter. In what way ? Commissioner Sells. Lax action along those lines — or rather when it is done without the best of consideration and very carefully. There are times when Indians are induced to make applications for their patents in fee, and not because the Indian himself desires the power to sell his land, but because there are people who want to acquire his land; and the result of it is that he is too frequently driven into the expenditure of his money recklessly — the amount that reaches bim — and he becomes in a few years, when not in fact competent, impoverished and a dependent upon either the Government or his friends or the State. Mr. Carter. That is an argument, Mr. Commissioner, that the superintendent does not do his duty, is it not ? Commissioner Sells. Not necessarily, at all. I think they want to do then- duty, and I think they try to do it; but I do beheve it is a very serious thing. Mr. Carter. It is. . , i s Commissioner Sells. And it ought to be done with the greatest ol caution and the most kindly and serious consideration for the weKare of the man who has most at stake, and that is the Indian. Mr. Carter. It is a very serious thing, Mr. Commissioner, to turn a helpless man loose to be robbed, and it is ahnost equally as serious, a proposition to keep a competent man under restriction. Commissioner Sells. And that should never be done. Mr. Carter. There is no doubt about that, but that is being done.. 30 i>;dian appeopeiation bill, 1911. Conijuissioner Sells. Very seldom on his application, if he has the qualifications of competency. Mr. Carter. I can think of some. Commissioner Sells. It should not be done, of course. Mr. Carter. I can think of in my own knowledge perhaps 100 Indians who I think are as competent from a business standpomt as you or I. ^ ^■ ■ ^ Commissioner Sells. Have they made appucation ? Mr. Carter. Well, I can think of three or four who have; who have not yet had action upon their apphcations, and I think of one particularly now at Red Oak, Wilberton, in the district I represent, who has had two applications pending. The bankers of that town when I visited Wilberton told me that he is as competent as anyone. He has accumulated some property of his own, and he appears to me to be competent, but yet he has not had favorable . action on the removal of his restrictions. He wrote me a year ago that the field clerk at that place refused to accept the last application he sent to the department. Commissioner Sells. Of course I am not advised as to this par- ticular case. There might be a case there where there was a just complaint, but if it came to the knowledge of the bureau it would be quickly investigated and disposed of at the earliest possible moment. Mr. Carter. When I have called these things to the attention of the bureau, I will say they have been handled in an expeditious man- ner, but some of those oases to which my attention was not called for quite a long while after the application had been filed, it seemed to me, without any undue criticism of the bureau that there had been a woeful delay in looking after that fellow's apphcation, who really was competent and whose restrictions afterwards were removed. Now, then, either one of two things is the case. The agent is com- petent to do that or he is not. If the superintendent is competent to do that these delays ought not to be occasioned. If he is not competent, we ought to try to get a superintendent on whom you could depend and who is competent to do it. Commissioner Sells. That is fine, but of course we must bear in mind always that with 134 superintendents and 80 reservations it is not humanly possible to have men all of equal caliber, equal in- tegrity, or equal vision; and it is bound to be true under the present system and conditions that have come down through half a century, and in these later years with the civil-service requirements, that we can not adjust those things always just to our own liking, however idealistic your desires may be in that respect. It must be borne in mind in connection with these things that when you have a rule which applies to such a large number of men it is always best to have a safe rule rather than one that might result in permitting delinquencies or the exercise of less than the best judgment. Mr. KoNOP. I would like to ask a question along these lines. Is it the only way that an Indian can come to the department, through the agent, and ask to be declared competent? Commissioner Sells. It is the regular way to do it. If an Indian should make application directly to the office it would be considered just the same. Mr. KoNOP. Now, supposing here is an agent that has a few favorites and a few unfavorites — a few fellows that have been com- INDIAN APPEOPKIATION BILL, W11. 31 plaining against him to the department and to the Congressman- - and one of these unfavorites happens to come to him and ask for a 4ftCision on his competency, and he pays no attention to his request Has that Indian any remedy at all? Commissioner Sells. Yes, sir. _ Mr. Tillman. That shows the necessity of an appellate forum, does it not ? Commissioner Sells. I would be inclined to think that would emphasize it. Mr. KoNOP. Wliat is his remedy? Commissioner Sells. By filing an application for appeal. Mr. KoNOP. To the department ? Commissioner Sells. Yes, sir. Mr. Gandy. These appUcations are sent right back to the superin- tendent, are they not? Commissioner Sells. Ordinarily it comes properly through the superintendent. That is the regular way to do it. Mr. Norton. How many Indians are there on the White Earth Reservation, approximately ? Mr. Meritt. Six thousand. Mr. Norton. What percentage of these, approximately, would you say were competent and self-supporting ? Mr. Meritt. I wiU say that a large majority of the Indians of the White Earth Reservation are competent and are self-supporting. Mr. Norton. I would call this to the attention of the commissioner, that Mr. Rogers, a young man who is weU acquainted — Mr. Rogers, who is in the room — who is well acquainted with the Indians there, ventured the statement yesterday that 90 per cent of these Indians were competent and self-supporting. Mr. Commissioner, should not those 90 per cent be turned loose from the supervision of the Government ? Commissioner Sells. There is no reason in the world, if that is true. Mr. Norton. There seems to be no dispute as to that. Commissioner Sells. There must be some doubt about it at least, or it would not be so. Mr. Norton. Mr. Merrit says there is a large percentage of them. Mr. Rogers says there is 90 per cent. What percentage would you say, Mr. Meritt ? Mr. Meritt. I would not like to state the exact percentage, but I would say a large majority. Mr. Norton. Over 60 per cent? Mr. Meritt. Probably over 60 per cent. Ml-. Norton. Then between 60 and 90 per cent are self-supporting and competent. Why is it that this 60 or 90 per cent are not turned loose, if that is a fair question? Mr. Meritt. I think I can answer that question. The legislation now on the statute books enacted by Congress has removed the lestrictions on the lauds of the Indians of the White Earth Reserva- tion who are not full bloods; therefore their lands except the lands oi the full bloods, now are practically in then- own hands, and are not under the jurisdiction of the department. But the act of January 14, 1889, prescribes specifically that the tribal funds of the Chippewa Indians, Except a small per cent for school purposes, shall remain in 32 INDIAN APPEOPEIATION BILL, Wl"?. the Treasury for a period of 50 years, and the department is now without authority of law to pay out the pro rata shares of those tribal fmids to the Chippewa Indians; and we have asked in this Indian bill for legislation that will enable us to pay out a certain per cent of those tribal funds to those Indians. Mr. Norton. Now, that is true regarding the act of January 14, 1889. Is this true, that this Congress would have the right to pass legislation providing for the distribution of that fund and the aliena- tion of those Indians competent and self-supporting, from the Wiirdship of the Government? Mr. Meeitt. Congress has absolute authority to do that. Mr. Norton. Is there any reason why it should not be done ? Mr. Meeitt. Under the decisions of the Supreme Court Congress can even go so far as to repeal treaty provisions. Mr. Norton. I understand that. I just want to bring it before the committee and the department. Is there any reason, in view of the fact that between 60 and 90 per cent of the Indians are competent and able and self-supporting, that the departm.ent has not recom- mended to this committee and to Congress legislation that would effect the ahenation of those Indians from under the supervision of the department ? Mr. Meritt. We are asking for legislation now to enable us to pay out a portion of those funds. Mr. Norton. The legislation that you ask applies to only indigent Indians, does it not ? Mr. KoNOP. It applies to Indians that are bhnd and crippled and lame. The Chaieman. Let me give my opinion on this question, gen- tlemen. I have understood that a great many Indians do not want their restrictions removed, because they would then come under the laws of the States, and for that reason they do not want their restric- tions removed. Mr. Hayden. These commissions, that you have been sending' around are taking care of cases of that kind, where the Indian does not want his restrictions removed, and you are actually making them citizens against their will. Commissioner Sells. No, sir; there are Indians who are competent but who do not want their patents in fee, for the very reason sug- gested by Congressman Carter, and those fellows ought to be reached. There is no doubt about that at all. But there are a great many incompetent Indians coming to the bureau on pilgrimages that appeal to you; who are asking that their trust period be'extended, because they say they want the protection of the Government; men who have not yet reached, as they believe, that period of development and civilization in which they have confidence in themselves for their own protection. It reaUy calls out the red blood ot a man to hear many of those Indian delegations, generally fuU bloods, in their appeals for the extension of the trust period; reciting how their brothers who have been declared competent, in many instances only to part with their property and go to abject poverty. They appeal for that pro- tection. Now, I only suggest that while we are wanting to give the patents in fee and declare competent every man on whom it should be properly conferred, that we should at the same time give pro- tection. INDIAN APPKOPKIATION BILL, 1917. 33 Mr. Carter. Well, Mr. Commissioner, there is nobody on this com- mittee or any other committee that would argue against that prin- ciple; but there if, I think, one on this committee that beUeves that you have not sufficient confidence in your age:it, in your superin- tendents. I think if you have a superintendent whom you can not trust with these affairs, you ought to get rid of him. You ought to be permitted to get rid of him, and Congress ought to give you legis- lation to get rid of him, and you ought to put men on the reservations in whom you can confide and then give close inspection of their acts. Commissioner Sells. I must say one word in answer to that. I think it is due to the superintendent that I shall at this time The Chairman (interposing). The hour has come for adjournment, and we must close this hearing at once. The committee is at recess imtil 10 o'clock to-morrow morning. (Whereupon, at 12.15 p. m., the committee adjourned until 10 a. m., Tuesday, January 19, 1916.) Committee on Indian Affairs, HoLTSE OF Representatives, }yednesday, January 19, 1915. The committee met at 10 o'clock a. m., Hon. John H. Stephens (chairman) presiding. There were present before the committee Mr. E. B. Meritt, Assist- ant Commissioner of Indian Affairs; Mr. W. T. Elliott, clerk in the Indian Office; Mr. Frank Govern, clerk in the Indian Office- Mr. Webster Ballingcr, representing certain Chippewa Indians; and Mr. John W. Carl Beaulieu, a Chippewa Indian. The Chairman. The committee will come to order. Mr. Ellsworth desires to present two amendments, and as the department is repre- sented here we will take up those amendments and have them read, and Mr. Ellsworth can briefly say what he desires to accomplish by the amendments, and we will hear from the department. As I understand it, the item Mr. Ellsworth desires to amend is found on page 37 of the bill, beginning with fine No. 1. As I un- derstand it, the amendment is to be a substitute for this item on page 1. Mr. Ellsworth. There are two proposed amendments here. TJiej are entirely different in their terms, and are simply proposed with the idea of getting the department's opinion on what they think would be the best procedure under fhe law, if they feel that these things should be authorized. The first proposed amendment is as follows: On page 37 of the proposed law at the beginning of the item found on that page, strike out the word "that" and insert in place thereof the following: In payment of the deferred interest inetallments due the members of the CMppewa Indians in Minnesota, provided for in section seven of the act approved January fourteenth, eighteen hundred and eighty-nine, entitled "An act for the relief and civilization of the Chippewa Indians in the State of Minnesota." In line 7 of said proposed item strike out the words "in the aggre- gate not to exceed." 2513.5— PT 2—16 3 I 34 INDIAI^ APPKOPKIATION BILL, IWJ. Insert the following after the word "fund" in Hne 9: And to pay forttwith to all other Chippewa Indians entitled to participate in said fund a like amount. The second amendment proposes to strike out all of the law on age 37 down to and includmg all of line 2, on page 38, and insert in ieu thereof the following: In payment of the deferred interest installments due the members of the Chip- pewa Indians in Minnesota, provided for in section seven of the act approved Jan- uary fourteenth, eighteen hundred and eighty-nine, entitled, "An act for the relief and civilization of the Chippewa Indians in the State of Minnesota," the Secretary of the Interior is directed to immediately distribute jper capita to the individual Chippewa Indians in the State of Minnesota entitled to participate therein one- fourth of their principal fund now on deposit in the Treasury of the United States; all payments to minor children herein provided for to be made to their natural guar- dian, and all payments to other incompetents to be made to their next friend or legal guardian in the discretion of the Secretary of the Interior. The Chairman. Then you strike out the provision beginning with the vsTord "Provided" in line nine ? Mr. Ellsworth. No; I leave the proviso and the rest of the para- graph as it now stands. Tjbie Chairman. Will you briefly state what change that would make? Mr. Ellsworth. In the first instance — I do not know how Mr. Meritt will identify these — I will mark them " 1 " and "2." We will refer to No. 2. That simply provides that in lieu of the whole para- graph providing for payment to blind and decrepit Indians you would pay to aU ahke; but under the terms of the treaty as the treaty IS now worded, one-half goes to the head of the family, and one-fourth is to be paid to education, and one-fourth to be paid per capita to all Indians. That is under the wording of the treaty of 1889. The other one disregards the wording of the treaty and provides for the payment per capita of one-fourth of all, including one-fourth to crip- ples and decrepit Indians; except in that instance it disregards the provision for aggregate not to exceed — that is, one-fourth to blind and decrepit Indians and one-fourth to all other Indians per capita. The Chairman. That makes one-half, then, instead of one-fourth. Mr. Ellsworth. Yes; so far as the heads of families are concerned. The Chairman. So that is the main difl'erence, that your two amendments would appropriate one-half of the amount coming to the Indians, while the department's bill appropriates one-fourth. That is the main distinction. Mr. Ellsworth. They would aU appropriate one-fourth, except in the amendment called No. 2. It would distribute it in proportion to the terms of the treaty — that is, one-half of the one-fourth to the heads of the families and the other one-fourth per capita; each being a one-fourth distribution of all the funds on hand, but in the first instance one-half of the payment would go to the heads of the families. The Chairman. Then you divide one-fourth — that would be one- eighth. Mr. Ellsworth. In one instance it would be a sixteenth and in the other one-eighth. The Chairman. What does the department say to these amend- ments, or would you prefer to have further time and report later on them ? ^ INDIAN APPBOPEIATION BILL, 1917. 35 Mr. Meritt. Commissioner Sells could not be here this morning, because he is before the Senate committee on the Oliver resolution. I have given these proposed amendments some consideration, but have not gone into them m detail. I see no objection to the amend- ment offered to insert after the word "fund" in line 7 The Chairman (interposing). You are referring now to amend- ment No. 1 ? Mr. Meritt. Amendment No. 1 proposes in line 7 to strike out the words "in the aggregate not to exceed." Also in the next amend- ment insert the following after the word "fund" in hne 9. Mr. Ellsworth. That is part of the same amendment ? Mr. Meritt. Yes; amendment No. 1 — insert after the word "fund ' ' the following : And to pay forthwith to all other Chippewa Indians entitled to participate in said fund a like amount. I would see no objection to that amendment, Mr. Chairman, pro- vided you would strike out the word "forthwith" and insert the words "under such rules and regulations as the Secretary of the Interior may prescribe." Mr. KoNOP. To pay under such rules and regulations as the Sec- retary of the Interior may prescribe ? Mr. Meritt. Yes, sir; so that it wiU read "And to pay to all other Chippewa Indians entitled to participate in said fund a like amount." I suggest that amendment for this reason: There are a number of Chippewa Indians who, if they should receive tiiis money in cash, would receive practically no benefit from it, because they are incom- petent to handle their funds. Mr. Carter. Why not confuae it to those who are competent ? Mr. KoNOP. Why not say "pay to all competent Indians" ? Mr! Meritt. We want the legislation broad enough so that we can pay to the competent Indians their funds and deposit in banks to the credit of the incompetent Indians their share of the funds and use it for their benefit rather than pay it to them m cash. Mr. Carter. Then you would not want this provision begmmng inline 14 "That no funds paid hereunder to Indians shall be available for paying the debts of said Indians, etc." You would not want that to apply to the Indians who are competent ? Mj. Meritt. No; I would not object to that. Mr Carter. For instance, Mr. Eogers is one of them. You would not want to say to Mr. Rogers when you give him his money that it would be a violation of law for him to pay that on some obligation he had contracted ? Jifi. Meritt. No, sir. . , ,. ^. .-.. -u Mr Carter. Maybe he has come campaign obhgations that he would like to liquidate with this money— the expenses of his cam- paign for county attorney. ,.,,,!.•.• i x-U Mr Meritt. We would not have the shghtest objection to these Chippewa gentlemen here using their funds m any way they see fit. Mr. Carter. Mr. Beaulieu may have some obligations on his paper that he wants to meet. . Mr Meritt. This is simply for the purpose of protecting incom- petent Indians, and of course we realize that the Indians present are entirely competent to manage their own affairs. . Mr KoNOP. You started to say that the Secretary of the Interior, under such rules and regulations as he may prescribe, shall pay to 36 INDIAN APPEOPRIATION BILL, 1917. the blind, crippled, and decrepit and helpless Indians, and pay to other Indians. What do you want that in there for ? Mr. Meeitt. If the first amendment proposed is not adopted, it would not be necessary to add "under such rules and regulations" as he may prescribe, but there is another suggestion here which pro- poses to change the first part of this amendment. Now, we would prefer that our part of the amendment that we have drafted — the first part of it — should remain instead of the proposed amendment offered here, the amendment that reads : In pajTnent of the deferred interest installments due to the members of the Chip- pewa Indians in Minnesota, provided for in section seven of the act approved January fourteenth, eighteen hundred and eighty-nine, entitled "An act for the relief and civilization of the Chippewa Indians in the State of Minnesota." Now, we have paid the interest that is due the Indians under the law, therefore this language would be somewhat misleading. Mr. Ellsworth. Do not understand that the first amendment proposes to strike out the provision in line 2, which authorizes you to use or advance to blind or decrepit or helpless Indians one-fourth of the amount which would be coming to that Indian. Do not under- stand that this proposes to strike that out. This amendment pro- poses to retain that. Simply striking out the word "that" and sub- stituting this clause in place of it still retains the authority to use this money for bhnd and decrepit Indians, rather than to pay it to them. That was the intention. Members of the tribe have informed me that the interest has been paid; that is, by a difference in charging out of the interest rather than charging out of the principal. As a matter of fact, there is some deferred interest; that is, if it had been charged out of the principal instead of out of the interest. Mr. Meritt. That is a point in this first proposition. The lan- guage would convey the impression that there was still deferred interest due to members of the Chippewa Indian Tribe in Minnesota, when in fact we have complied with the act of January 14, 1889, in paying out this deferred interest, as directed in that law, and if the gentlemen will omit this first amendment we wiU be glad to approve of the amendment in line 7, to strike out the words "in the aggregate not to exceed," and also to accept the amendment "and to pay" — leaving out the word "forthwith" — "to all other Chippewa Indians entitled to participate in that fund a like amoimt." The Chairman. You want to strike out the word "forthwith" ? Mr. Meritt. Yes, sir. The Chairman. Mr. Ellsworth, I think, then, it would be better if you would get together and restate that whole matter, so it would be satisfactory to both of you. Mr. Ellsworth. I would like to ask one or two questions to see whether or not I understand Mr. Meritt. Do you understand, Mr. Meritt, that the treaty provides for reim- bursement by the department of increment after the principal has exceeded $3,000,000. Mr. Meritt. Yes, sir. Mr. Ellsworth. Do I understand from the department that the condition now is that the amount which the department has reim- bursed itself out of in payments made to the Chippewas has been from the principal or from the interest ? INDIAN APPROPRIATION BILL, 1917. 37 Mr. Meritt. We have made all reimbursements, as I imderstand, out of the Chippewa funds to the Gorernment, part of the reimburse- ments out of interest and part out of the principal. Mr. Ellsworth. My information is that if the reimbursements had been made out of the accumulated interest, as they were paid in from the amount received for the sale of lands and timber, that there would be an accrued interest due to the tribe at this time. Mr. Meritt. In response to a letter from Mr. Henry W. Warren, the office on January 16, 1915, submitted a statement regarding the Chippewa fund, and I would be glad to have that letter incorporated in the record. (The paper referred to follows:) January 16, 1915. Sfr.- Henry W. Warren, (Care Indian Office.) My Dear Mr. Warren: In response to your informal inquiry regarding the fund of the Chippewa Indians arising under the provisions of the acts approved January 14, 1889 (25 Stet. L., 643), February 26, 1896 (29 Stat. L., 17), and June 27, 1902 (32 Stat. L., 400), the following is submitted for your iuformation: Chippewa in Minnesota fund. Receipts: Sept. 30, 1896, to Sept. 30, 1914, inclusive $10, 818, 006. 77 Oct. 1, 1914, to Dec. 31, 1914 (estimated) 69,586.64 Total receipts 10,887,593.41 Expenditures: Amount reimbursed to the United States on account of expenditures for the Chippewa Indians from appropriations by Congress for relief, civilization, djainage, etc 3, 963, 230. 91 Amount disbursed for support and civilization of Indians, including losing, expenses incurred by William O'Neil, return of purchase money, and refundments of 20 per cent on completion of contracts, etc 1, 091, 355. 89 Total 5, 054, 586. 80 Balance in Treasury, including receipts Dec. 31, 1914, estimated as above 5, 833, 006. 61 - The first receipts credited in the Treasury under the above acts represent accruals from September 30, 1896, to September 30, 19»4, which amounted to $1,274,310.94, as shown by Treasury warrant No. 28, dated January 13, 1904. Interest on Chippewa in Minnesota fund. Accrued interest Sept. 30, 1896, to June 30, 1914, in- clusive $2, 737, 083. 17 Interest July 1 to Dec. 31, 1914, estimated 143, 000. 00 Total $2,880,083.17 Expenditures: Amount reimbursed to the United States on ac- count of expenditures from appropriations by Congress under advance interest to Chippewa in Minnesota reimbursable 966, 224. 00 Cash, per capita payments to the Indians as author- 2^2ed ' ^2") 820. 00 For educational purposes. 428, 103. 22 Total... 2,723,147.22 Balance in Treasury including accruals July 1, to Dec. 31, 1914, estimated as above 156, 935. 9o 38 INDIAN APPEOPEIATION BILL, 191'Z. The first interest credited in the Treasury to the above fund, as shown by warrant No. 29, dated January 13, 1904, representing interest at 5 per cent on deposits from September 30, 1896, to December 31, 1903, amounted to 1293,508.71. The cash per capita payments to the Chippewa Indians were as follows: 1912— $9.65 per capita, aggregating $106, 730. 00 1913— $75 per capita, aggregating 819, 600. 00 1914— $18 per capital, aggregating 200, 664 00 1915— $18 per capita, aggregating 201, 826. 00 Total 1, 328, 820. 00 Reimbursements to the United States from the tribal funds of the Chippewa Indians were made at the following periods: Date. Principal. Interest. Total. Mav 16, 1911 S3, 820, 439. 05 139,550.89 3,241.27 $874,898.00 89,039.00 1,209.43 1,077.57 $4,695,337.05 228,589.69 4,450.70 1,077.57 June 11, 1912 Mav26, 1913. June 26, 1914 Total reimbursement 3,963,230.91 966,224.00 4,929,454.91 A question has arisen as to the authority of law for the charge of $874,898 to the iaterest fund in stating the reimbursable account of May 16, 1911. The authority of law providing for this reimbursement is embraced in section 7 of the act approved January 14, 1889 (supra), and same fully is explained in office letter of AprU 12, 1913, to Messrs. John W. Carl and Gus H. Beaulieu, Chippewa delegates to this office, copy of which is inclosed herewith for your information, v It will be noted that had this provision of law permitted the use of the principal fund in making full reimbursement to the United States for all expenditures iucurred imder "Advance iaterest to Chippewa in Minnesota reimbursable," there would have been a loss of approximately $174,000 interest to the Indians for the period from May 16, 1911, to May 16, 1915. Very truly, yours, E. B. Mehitt, Assistant Commissioner. Mr. Carter. Mr. Meritt, who passes upon the matter of this ac- countmg ? The matter of which fund these repayments shall be made from your office or the comptroller. Mr. Meritt. The Indian Office, the Auditor's Office, and the Comptroller of the Treasury. Mr. Gandy. What would be the idea of wanting the word "forth- with" stricken out? * ■ Mr. Meritt. Because we would not want to pay immediately to mcompetent Indians then- money. We would want to deposit that money in local bonded banks, drawing interest, and use the money for the benefit of the incompetent Indians. Mr. Snyder. Use the mterest from that money ? Mr. Meritt. Use both the interest and the principal, so long as it lasted. If we paid cash to a large number of incompetent Indians they would get no benefit from it whatever. It would simply be squandered, or some other more shrewd Indian or more shrewd white man would get the money due the incompetent Indian. Mr. Carter. The white man sometimes takes a hand in that himself. . Mr. Gandy. Then, before this money could be paid out it would be necessary for your office to estabhsh the competency and the re- sponsibility of aU these Indians. INDIAN APPEOPKIATION BILL, 1917. 39 Mr. Meritt. No, sir; we have a list of the competent and m- competent Indians. It would simply be for the purpose of protect- mg mcompetent Indians. Mr. Carter. Have you on that list all the competent Indians of the White Earth Reservation ? Mr. Meritt. We know the Indians who are competent on the White Earth Reservation, and who are able to handle their funds. Mr. Carter. You spoke of a list. Have aU the Indians on the White Earth Reservation been placed on that competent hst ? Mr. Meritt. I think we have at each agency a hst of Indians that we consider competent to handle fimds, also those that are consid- ered incompetent. Mr. Ellsworth. Do you know what proportion of the Chippewa Indians in Minnesota are competent? Mr. Meritt. I would say that 75 per cent of the Chippewa Indians would be competent to handle their funds under this proposed amendment. Mr. Gandy. I am serious in this matter of wanting to know whether or not the money of lots of the Indians who are competent will be placed in banks to their credit, and doled out to them ; their expenditures scrutinized, and they be compelled to come into an office and get permission and get authority to expend it — as is done with lots oi competent Indians. Mr. Meritt. No, sir; the regulations under this proposed amend- ment would be liberal and we would instruct our superintendents to eliminate all red tape. Mr. Snyder. Let me ask a question there. If 75 per cent of these Indians are competent, and there was a general distribution of this money to all the Indians, the fact that any larger per cent of the in- competents — do you think there would be any larger percentage of incompetents than there would be if you distributed the same amount of money to 100 per cent of the white people in any section of the country ? Would not there be the same percentage of incompetent people anywhere, that there would be the possibility of somebody getting that money away from them ? Mr. Meritt. I would not want to say that there would be as large a percentage among the white people as among the Indians, but un- doubtedly there would be a considTerable number of white people in- competent to handle their money, and that they would soon squander it and get no benefit from it. Mr. Carter. Mr. Meritt, how much funds have the Chippewa Indians ? Mr. Meritt. More than $6,000,000. Mr. Carter. Under their treaty the principal of those funds can not be paid out for 50 years after 1889 ? Mr. Meritt. Yes, sir. Mr. Carter. What would you think of the proposition, Mr. Meritt, of paying out all that part of the fund that is due to competent In- dians — competent Chippewas ? Mr. Meritt. I would be in favor of it. Mr. Gandy. That would very materially reduce the operating expenses and everything else up there, would it not, and the expenses of the Indian Office here ? 40 INDIAN APPROPRIATION BILL, 1917. Mr. Meritt. It would very materially simplify the administration of the affairs of the Chippewa Indians. Mr. Carter. It would simplify the matter of income. Mr. Meritt. Of the competents and incompetents. I believe that all Indians who are competent should receive not only their lands but their funds, and that they should go their way without further control by the Indian Bureau. Mr. Carter. If you shoidd pay to the competents what is due them, that would be practically turning them adrift, would it not ? Mr. Mekitt. Yes, sir. Mr. Carter. Then the bureau would have no further supervision or care of them at all and it could concentrate its attention on the incompetents ? Mr. Meritt. That is true; but it should be borne in mind, Mr. Carter, that if that legislation is passed, that hereafter it will be necessary to authorize gratuity appropriations for the support of the schools in the Chippewa country. Mr. Ellsworth. You understand the law to be such that you can disregard the letter of the language of the treaty itself, and that you could make the distribution per capita and not be compelled to make it according to the language of the treaty ? Mr. Meritt. Congress could pass legislation at this time which would authorize the department to pay these funds per capita to the Indians. Mr. Ellsworth. Disregarding the language of the treaty so far as the distribution pro rata is concerned ? Mr. Meritt. I think that was decided in the Lone Wolf decision by the Supreme Court. Mr. Carter. They would have a legal right to do it; there is no ■doubt about that, but the idea presented to me by Mr. Ellsworth's ■question is this: Would the Indians living at the end of the 50-year geriod have any moral claim against Congress for the funds that ad been distributed to those Indians prior to the expiration of the 50-year period ? I mean fellows born hereafter ? Mr. Meritt. I do not believe they would have such a claim that they could establish a valid claim against the Government in the Court of Claims. Mr. Ellsworth. You believe at the end of the 50-year period it would not be the policy of the bureau to make a distribution of it per capita ? Mr. Mekitt. I think that the fund should be divided per capita. Mr. Ellsworth. At the end of the 50-year period ? Mr. Meritt. I would not wait until the end of the 50-year period. I would be in favor of legislation enacted at this time which would a.uthorize us to pay to the competent Chippewa Indians their pro rata share of the tribal funds now in the Treasury. Mr. Ellsworth. Would you think it necessary, in order to enable you to determine competent and incompetent Indians in every «ase — do you think it would be necessary for this amendment to carry with it a provision for determining the competency of Indians ? Mr. Meritt. No, sir. Mr. Ellsworth. You think it has sufficient basis for that now? Mr. Meritt. Yes, sir; we can procure sufficient information to establish the competency or incompetency of the Chippewa Indians. INDIAN APPROPRIATION BILL, 1917. 41 Mx. Ellsworth. Your department would object to the first part uli- .„?''°?.°^®*^ amendment, No. 1, to take the place of the word 'that" « You would object to that ? Mr. Meritt. Yes, sir; because the amendment is more or less misleading, in my judgment. Mr. Ellsworth. You would recommend the passage of the amend- ment m the last paragraph if the word "forthwith" were stricken out? Mr. Meritt. Yes, sir. Mr. Ellsworth. But you would not if the word "forthwith" remamed ? Mr. Meritt. No, sir. Mr. Ellsworth. You would oppose it then ? Mr. Meritt. Yes, sir. I think it would be unfortunate if that payment were to be made to incompetent Indians. I think the money should be deposited in bonded banks and used for theu- benefit. Mr. Ellsworth. But you would agree to striking out the words in line 7 "in the aggregate not to exceed " ? Mr. Meritt. Yes, sir. Mr. Ellsworth. Now the other amendment. No. 2, you would not recommend that ? Mr. Meritt. No, sir. The Chairman. The reason I suggested, gentlemen, that you get together on this item is that it is subject to a point of. order — the whole business. Neither your amendment nor the language in the bill would staqd under a point of order in this committee or in the House. Now, I thought possibly you would stand some chance to get it in the bill in the House if there is a clear agreement between you. If not, it is useless to go further with it. Mr. Ellsworth. I want to propose, when we go into executive session, the first amendment, and in the form suggested by the department. The Chairman. Then it is not necessary to pursue this matter any further. Mr. Ellsworth. I think not. The Chairman. Then, gentlemen, we will take up another item, the item of $4,000 that was raised yesterday. It is back on page 34. 1 beheve. There was some objection made to the expenditure. It begins with line 7, page 34: For the expenditure of f4,000 of the tribal funds of the Chippewa Indians, or so much thereof as may be required, for the employment of high-school teachers in the White Earth Reservation, Minnesota. Now what statement have you to make with reference to that i Mr. Meritt. Mr. Chairman, that item was included in the Indian bill before the Senate committee last year and was not an estimate by the department. In making up the estimates this year, inasmuch as this item had been agreed to by the committees of the House and Senate, we included it in our estimates, thinking that it was the wish of the Indians and the Congress that this item be included m the bill; but in view of the fact that objection has been made to the item, we have no objection whatever to the item going out. You will note we only expended $1,000 of the $4,000 appropriated last year. The Chairman. There is no objection, then, to its going out? 42 INDIAN APPEOPEIATION- BILL, IMI. Mr. Meeitt. No, sir. Mr. KoNOP. How aboufc the $185,000? What have you decided as to that? The Chairman. The next item begins on line 3, page 35 : The Secretary of the Interior is hereby authorized to withdraw from the Treasury of the United States, at his discretion, the sum of $185,000, or so much thereof as may be necessary. * * *. Now, what I wished to call your attention to specially there is this : This apparently is a reduction here of several thousand dollars — $20,000 — but in fact the old language of the bill in this parallel column to the right of this language that you have put in the bill provides " That not to exceed $40,000 of this amount may be used in the purchase of lands," etc. Then farther down it is provided "That not to exceed $5,000 of the fund herein appropriated may be expended, ' etc. Now, those should go out. That makes $45,000, and if you take that from your $205,000 it only leaves $160,000. You do not have those items this year, and apparently that should reduce the appropria- tion to $160,000, but instead you have $25,000 more, or $185,000. Now, why do you want this difference between $160,000 and $185,000? Mr. Meeitt. Mr. Chairman, Congress has enacted legislation which directed the Indian Bureau to construct hospitals at the Red Lake and the Fond du Lac Reservations in the Chippewa country. It wiU cost more than $10,000 a year each to maintain and operate those two hospitals. It will be necessary, therefore, that we have ah increase in this appropriation in order to carry on this additional work of maintaining these hospitals in the Chippewa Reservation. The Chaieman. Then, Mr. Meritt, would it not be better legislation to insert after the word " act," in line 13, page 35, so many thousand dollars that you want for these hospital purposes, so that Congress could point out the difference, and how these iimds are to be used ? Mr. Meeitt. I would see no objection to the language being in- corporated after the word "act," line 13: Provided,^ That not to exceed $25,000 of this amount may be used in the maintenance and operation of the hospitals on the Red Lake andFond du Lac Indian Reservations in Minnesota. Mr. KoNOP. Isn't there another part of the bill that provides for maintenance and support of hospitals among the Indians ? Mr. Meeitt. We have an appropriation for the relief and distress of Indians, and if this appropriation were not provided that appro- priation would be available for the two hospitals. But the total of that appropriation is not sufficient to .oupport the hospitals that have been authorized and have been or are in process of construction and also the main taming of these two hospitals. The Chairman. Suppose we put in that $25,000 for maintaining two hospitals. Then could not the department reduce the lump-sum appropriation by $25,000? Mr. Meeitt. No, sir; we will have difficulty in maintaining, out of the appropriation that we are asking for this year the additional hospitals that Congress has directed be constructed and operated. The Chairman. Then, would it not be better legislation, instead of haying lump-sum appropriations, when any legislation has a hos- pital in it, to say so much tor these different hospitals, and not carry INDIAN APPROPRIATION BILL, 1911. 43 the lump-sum appropriation ? It is hard to keep up with it the way you haye it now — part of the items in a lump-sum appropriation and the others provided for separately, and we would like to have one or the other adopted, all lump sum or all separate. Mr. Meritt. You will understand, Mr. Chairman, if we would pursue that policy it would very materially increase the number of items in the Indian bill; and we probably now have more separate items in our bill than any other bill that is passed by Congress for any other bureau of the Government, and it is important that we keep the number of items down as much as possible, in order to save the time of Congress, and also the work of the bureau. Mr. Gandy. What is the capacity of those two hospitals ? Mr. Meritt. Each hospital wiU have a capacity of about 25 or 30. Mr. Gandy. That would be 60 patients for the two combined. Mr. Meritt. You see they have more than 11,000 Chippewa Indians, and they would all have a right to make use of these hos- pitals. Mr. Gandy. You say the capacity of the hospitals is 25 or 30. That would make a maximum capacity of 30 each ? Mr. Meritt. Probably 30 each. Mr. Gandy. And a maximum capacity of 60 for the two hospitals. You are asking $25,000 a year to take care of the people, assuming that they would be used to the full capacity all the time ? Mr. Meritt. Yes, sir. The Chairman. Where are those hospitals located ? Mr. Meritt. One hospital is located on the Red Lake Reserva- tion, and one is located on the Fond du Lac Reservation. The Chairman. Are there no other hospitals on the reservation ? Mr. Meritt. Yes, sir; we have a hospital on the White Earth Reservation. The Chairman. What is that costing the Government ? Mr. Meritt. It costs approximately $10,000 a year to maintain that hospital. Mr. Carter. Did you not say it would only take $10,000 to mam- tain these hospitals ? Mr. Meritt. About $10,000 each. Mr. Carter. Your appropriation calls for $25,000 more than $160,000. Could not that appropriation be reduced $15,000, then? Mr Meritt. It will take between $10,000 and $15,000 to mamtam each hospital. One hospital cost $20,000, the other cost $25,000, to construct. We estimate that it wiU cost anywhere from $20,000 to $25,000 to maintain the two hospitals. Mr. Carter. Then, it would not cost $10,000, but $25,000 ? Mr. Meritt. $10,000 apiece. Mr. Snyder. Is there no income at these hospitals at aU '. Mr. Meritt. No, sir. Mr. Snyder. None whatever ? Mr. Meritt. No, sir. Mr KoNOP. Now, Mr. Meritt, I would like to ask you a question or two. You want an appropriation of $185,000 to take out of the trust fund of the Chippewa Indians ? Mr. Meritt. Yes, sir. , Mr. KoNOP. Now, could you give us a statement ot the money tnat was spent last year among the Chippewa Indians and from what sums it was taken ? 44 INDIAN APPROPEIATION BILL, 1917. Mr. Meeitt. Yes, sir; we have that information here. Mr. KoNOP. I would like to get it now, if you haveit. . The Chaieman. Are there no priated doeuments to show that? Mr. Meeitt. We have a table, Mr. Chairman,, and would be glad to have it incorporated in the record. It is a very long and detailed statement. Mr. NoETON. Can you read that into the record? Mr. KoNOP. That appertains to all the rest of the Indians ? Mr. Meeitt. This table pertains to aU the Indian reservations and schools in the United States, but we wiU only supply thestenograpter with the information you desire relating to the Chippewa Reservar tions. The two accompanying statements; No. 1 in detail, the other (No. 2) recapitulatory, show all expenditures for the fiscal year 1915, except per capita payments to Indians, made on account of the Chippewas of Minnesota. INDIAN APPROPRIATION BILL, Ittll. 46 ss sa SI. QC030 :S p.® t»£S .s I "B s H •S CO .s 1 o W)hc^ in ' COOJ i-i-Tf o 9g8 bo • as E-iS 3S 03 "3 r^ „ P.®,o BtS 3P4P4noi5 46 INDIAN APPKOPBIATION BILL^ 1917. O d £ . ION 00 o> id 1-5 m W§" .3 2bg II rt Pi Si §.gl.a lis E^ 48 INDIAN APPKOPBIATION BILL, 1917. :;5 CO B o £ a f- S5S o 9 S . •3 PI p> M O CO O lift O V3 .9 ® S 9 ft X ■sSf 42 «5 « o ■3 § S S g- •OH .ag„si| .g-is g* |a - -1 « o J ill ■as ?1 CSS go.S'S'O : p4 2 be ftJl o &« h^ ffl s : 03 o fl a INDIAN APPEOPEIATION BILL, ISW. 49 25135— PT 2— 1& 50 INDIAN APPEOPEIATION BILL, 1917. 5t>(NO)lM or-^cgo i-( CO >ft CM eo »o ■^ooeot>TfH ■4 WQC 3r-lOC a CD 3 I-". I'gsgii fl 1*1 ,£3 .-Tr-H O p( o o o jj p CO m ca "^ aa a s a INDIAN APPROPRIATION BILL, 1911. 51 ^s<$ ''frt— H S m o as § §'■2 Is ^■g SSI'S ' O c) O 3' b 13 -tS S> S'tS 'b 4S 75 .E2 "w 'S *» 5% IK0IA3Sr APPKOPEIATION BILL, 191 T. § pj CO !>•■*■ t^O^-ICOGI Q rH i-H M t: S lO t^ 00 Tf* CO 00 oo oo r- M wtD" th I- « cai>-f-t t^-^'.-ToTco' la >Oco- ® a SS s- 1 13' ■§.s| H 2 * ft ; ft ■gg'3 a §'2 fta 3 •3 d ■ lifil 3 Mill ' =s||5 if. J.fcSi |p'S'3:gg;. lUFDIAN APPBOPBiajnON BILL, 1917. 5a g** CO c* lar 3t^ .-I w c rt j5 W'u3 ■* re ■* ■* (N 00'© ^ 1-1 ira O COt^rH rH N O tO sScSS s ; lis 2 lis §13 ♦rt o eg ■32 So ■OS , ■*J'0 II <* Hi!? ■S 5P-9 Sis §■§«■! I 11 Hill ° bS 9 .■S'9 2 ■s.ass ^- § If g II is| .s- 2 a|"^ sa-^ lllilill 54 INDIAN APPBOPEIATION BILL,: 1917. "(jtcOQQOM 55 !-d '=' 2! e? S 5»oco i-i 00 coo iHiOO a CO OS CQ CO Ol "od WOJrneg to S OS"* ■*o 6 3 . Ed S'C ooo OS CO © a. •a 1^ H ■^^ (>. d g-^ o "d CJ Ph CO el !3 C3 w ft S 5cO aoRO d 2 o |§|lp-9 INDIAN APPEOPRIATIOxS^ BILL, 191T. 55 is-g III rtSU "s. 2& 00 ill! FQ CQ ^^^ §5§ ASS O 03^ gHbX) PR < 8« So o ■CO *=»2 IN CO OtO coco cocs ^ooco NNOS cqeoco O CO t-oo eot- too COtJh i-( O Tf CO i-l o O C*l NO 0.-I lis :a|f a.»=' id's ao.& a ° '.a;^§1§,gl^§,^s&2-9ii .2-g mS ■sag- 56 INDIAN" APPSO^BJAOaON BILL, IQll. Si. •-*«» o cS ifl^ m oj OT OS «3 5D (^ p t ojgJ n3 iS S "i^ a OB '^ .2 != §6 ft I s "> I * 3 9 "S'5-2,P ll»* §S *S S-S • •33 I3to_i« rtSIZ H^i? Hfe*^ INDIAN APPROPfilATIOJir BILL, 1917. 57 ■«CD ^o« .xo oeoo •I^ eO'«d*w3 goo t^'^jli-HMw ui 58 IlirDIAN AJPPEOPRIATION BILL, 1911. Mr. KoNOP. Have you the total there ? ' . Mr. Meritt. We have the total for each agency and each" 'school. Mr. KoNOP. For the Chippewa Indians ? Mr. Meeitt. Yes, sir. Mr. KoNOP. What is it ? Mr. Meeitt. I will give you the figures : Caes Lake : $17, 763. 06 Fond du Lac Agency - 18, 023. 1& Pond du Lac schools - - 6,065. 94 Grand Portage Agency - 7, 799. 65 Grand Portage School 4, OSO. 91 Leech Lake Agency - :: 39, 366. 27 Leech Lake Boarding School ■ 24, 387. 64 Leech Lake School - ' 2,883. 71 Nett Lake Agency : 19, 319. 06 Nett Lake Day School 8,906. 30 Red Lake Agency .^... 64, 643. 58 Bed Lake Boarding School 16.548,59 Cross Lake Boarding School 10, 726. 47 White Earth Agency '■ 82, 552. 13 Vermillion Lake 28,874. 92 White Earth Boarding School 41, 441. 25 White Earth day schools '. 15, 437. 82 The Chaieman. What is the total of aU that ? Have you got it totaled ? Mr. Meeitt. The total of the expenditures listed above is: $403,800.45. Mr. KoNOP. It is about $300,000, in round numbers. Now, what fund is that taken from, that $300,000 ? Mr. Meeitt. We take it out of different funds appropriated by Congress. For instance, in the payment of Indian pohce, we take it out of the Indian police fund. For the forest service work — we have some foresters there that we are paying out of the appropria- tion for industrial work and care of timber. We have a statement here showing the amounts by the funds, the appropriation, and the classification. Mr. Caetee. Mr. Meritt, you do not mean to say that is all the money used for the Chippewas of Minnesota last year ? Mr. Meeitt. Yes, sir. Mr. Caetee. Well, I notice those figures amounted to $366,000, about, in round numbers. Mr. Meeitt. Yes, sir. Mr. Caetee. And I notice in your fiscal statement, on page 5, you have there a total of $902,000 as having been expended for them. Mr. Meeitt. That would include per capita payments. Mr. Caetee. WeU, that was expended on the reservation. Taking out the per capita, that would leave about $671,000. There is stiU a difference there of several :hundred thousand dollars — no; I got those figures wrong. It is $508,000, but there would still be a con- siderable discrepancy, Mr. Meeitt. The percapita payments are included there. Mr. Caetee. I have included the per capita, payments in that. Mr. Meeitt. William O'NeiU, superintendent of logging, is .under the jurisdiction of the General Land Office, and he has expended in that work $23,873.79. Mr. Caetee. I think that will about make it. _ INDIAN APPBOPBIATION BILL, 1917. 59 t ^r. KoNOP. Now, Mr. Meritt, you mean to say this money is taken from the trust fund of the Indians, and then from appropriations made by this committee, out of the Treasury of the United States ? Mr. Meritt. Yes, sir; part of the fund is taken out of the tribal fund and part of it is taken out of the gratuity appropriations. The Chairman. That taken out of the funds was $160,000— or was last year. Is that correct ? Mr. Meritt. Yes, sir. The Chairman. And the rest out of the lump-sum appropriations for these various operations ? Mr. Meritt. Yes, sir; for the various operations of the Indian Bureau. Mr. KoNOP. Now, the Indians — the representatives of the Indians— are here opposing this appropriation of $160,000 out of the funds? Mr. Meritt. Congress a few years ago established the policy of appropriating out of tribal funds for the support of agencies where Indians had large funds to their credit, such as the Chippewa Indians. The Chippewa Indians have more than $6,000,000 to their credit, and in order to reduce the gratuity appropriations, Congress adopted the policy of appropriating tribal funds. Mr. Carter. Now, Mr. Meritt, do you think that is quite fair to the so-called competent Indian, who has not any supervision by the department? Are you not using his funds, the funds due him, to supervise the feUow who is incompetent? Mr. Meritt. That is true, Mr. Carter. Mr. Carter. Do you not think, if you pohcy is that, that at least you ought to take those funds for supervision out of the amount due the incompetent Indians, and not out of the amount due those who , are competent ? Mr. Meritt. Of course, you understand that the children of the competent Indians receive a benefit from these tribal schools and from the hospitals. Mr. Carter. But they do not receive any benefit whatever from the agency supervision. Mr. Meritt. Except the supervision of the tribal property, in which they have a share. If Congress wishes to make this a gratuity appropriation no objection will be made by the Indian Bureau — that is a matter for Congress to decide. Mr. Carter. I am not speaking of that; I am speaking to the in- justice done the fellow had no supervision, that is paid for out of his fund, and yet he has an interest in the fund. Mr. Meritt. It would be difficult, you understand, Mr. Carter, to enact legislation and appropriate these funds upon any other basis. Mr. Carter. WeU, everything we do is difficult, for that matter. As you say 60 per cent of these Indians are competent, it seems to me that 60 per cent of it for agency supervision could be set aside so as not to be used, and could be added to the funds of those who are com- petent. Mr. Hayden. It seems to me that until the Indians are declared to be competent, they are presumed by Congress to be incompetent, and therefore we pursue this method. Now, I think we should not divide this money in the proportion of 60 and 40, but: that we should turn loose the Indian who is competent . and give him his money. That is the way to settle it. . : 60 INDIAN" AlPPEOPBIATIOJir WLVL, 1017. Mr. Meeitt. I am heartily in favor df letting the competent In- dians receive their pro rata share of the tribal funds in the Treasury and letting them go their way. The Chairman. How long would it ta,ke the department to- make out a list of these Indians and divide it in that way ? Mr. Meritt. If Gongress will give us the legislation we will carry out the provision of law very promptly. The Chairman. Could you draft a provision of that kind and pre- sent it to us, so we could put it in this appropriation bill ? Mr. Meritt. To give all competent Indians their funds ? The Chairman. The Chippewa Minnesota Indians. Mr. Meritt. That would increase the one-fourth of the fund as proposed in the amendment. The Chairman. Yes, separate the funds. Now, haven't yon authority now, or would it require special legislation ? Mr. Meritt. It does not require ^pecial legislation to separate the competent from the incompetent. What it will require is legislation authorizing the department to pay to the competent Indians their pro rata share of the tribal funds now in the Treasury. Mr. Hatden. In that connection I wish you would submit to the committee the Secretary's order providing for the competency commission that travels around over the several reservations. Mr. Meritt. I do not know that the Secretary has issued any specific order, but he has written several letters in regard to this matter. Mr. Hatden. I want to get the authority under which these com- petency commissioners act. There must be an order from the Secretary authorizing them to go around to the different reserva- ions — an order instructing them what to do. I would like to see that. Mr. KoNOP. I introduced a bill here providing for a commission to divide the Indians into two classes, competent and incompetent, and I asked the secretary here to refer that bill to the department. Did the department make a report on that, or are they considering making a report on that bill ? Mr. Meritt. I think the biU has been referred and it is in the depart- ment now for consideration. Mr. KoNOP. What do you think of an idea like that ? Mr. Meritt. I prefer to study the bill with some care, Mr. Konop, before giving my views on it. The Chairman. The matter before us no'w, that we are interested in now, is the matter presented yesterday by Mr. Ballinger and others here, and it seems to me the difference is this; That the Indians are complaining that $160,000 is taken out of their funds, and their con- tention seems to be that the Government ought to pay this entire amount. While I think that the policy which the department has been pursuing seems to be the correct policy, and the one which we have been pursuing heretofore, they are complaining that any part of the money used by the Government for them or by their tribe should not be charged up to them, but shouM be taken out (rf the United States Treasury. I understand that to be the distinct difference. Mr. Ballinger. Mr. Chairman, that is not exactly the situation. They are not eomplaiQiBg afeout the use of their funds that are properly expended. INDIAN APPROPBIATION BILL, Idll 01 The Chairman. For administrative purposes? Mr. Ballingeb. But their complaiat is that their money is being paid out for salaries of useless employees and for the mamtenance of useless employees, and that they are deriving no benefit from them. Mr. Hayden. Mr. Ballinger, is it your idea to reduce this amount, or what? Mr. Ballingeb. I think the amount shoiild be reduced, certainly not to exceed $100,000; but I think it ought to be all stricken out. The Chateman. Can you give us a bill of particulars ? Mr. NoBTON. May I ask Mr. Ballinger a question there ? Now, you are a lawyer, I take it ? Mr. Ballingeb. Yes, sir. Mr. NoBTON. You understand, of course, that general statements, that elocution and oratory is not very much in the way of facts. Now, you make the statement that this expenditure has been im- properly expended. Have you any specific facts to substantiate that general — if I may — elocutionary statement ? Mr. Ballingeb. I am very glad you have asked me that question. The very item of $4,000 that has now been elimiaated, with the con- sent of the Indian Office, is a fair sample of the merits of our com- plaiat. Now, let me go just one step further. Here is a blanket appro- priation of $160,000 being expended this year. No detailed state- ment has been furnished the tribe, nor can they obtain such a state- ment showing the expenditure of the money. But I have before me a statement of the salaries paid employees on the reservations- in Minnesota, submitted to Congressman MOler by the commissioner, under date of February 16, 1915. The Indians have considered this, and they have gone through that hst and. marked the positions that they consider unnecessary as "sinecures." On the first page prac- tically all of them are sinecures. Mj. Nobton. Read one to us. Mr. Ballingeb. The first one is Charles H. Allenger, superintend- ent of the Cass Lake School, $1,000. Mr. Nobton. Now, what about that ? Mr. Ballingeb. They have classed that as a sinecure. Mr. Norton. Why? Mr. Ballinger. He is a homesteader on the reservation and is holding' down a homestead there and devoting but httle of his time to school duties. Mr. Nobton. How about that, Mr. Meritt, that he is devoting but little of his time to his school duties ? Mr. Mebitt. I think that statement is not borne out by the facts. We have a school there and the Chippewa children are attending that school, and it. is necessary that we have a superintendent of that- school. Mr. Nobton. Do you mean to maintain that he could not hold down a homestead and still give all the time necessary to his school duties? Mr. Ballingeb. I doubt very much whether he CQuld. Mr. Nobton. Well, you do not know anything about homesteads,. Mr. KoNOP. How many pupils are there in that school ? 62 INDIAN APPEOPRIATION BILL, 1917. Mr. Ballingek. I have been unable to obtain a statement as to the number of pupils attending that school, but let me go just one step further there. The Indians do not know how many Indian children attend this school. The next one is a teacher, and the position is vacant. The next position is that of a matron, and that is vacant. The next one is a seamstress, and that is vacant. The next is a laundress, and that is vacant. The next one is a cook, and that is vacant. You have a superintendent there with no one else. , The Chaieman. Mr. BaUinger, what are you complaining of about that, if they are not paying anything to those diflEerent vacancies ? Mr. Ballingee. There is a superintendent there and nobody else with him, and therefore there could not have been a school there open at the time this statement was submitted. This is a boarding school, or supposed to be. Mr. NoETON. Is he teaching ? Mr. Ballingee. I can not tell you that. Mr. NoETON. Just a moment, now — you come before the committee, making complaint of this superintendent, but you say you do not know whether he is teaching or not. Is that a proper way to come before the committee? Mr. Ballingee. Mr. Norton, I stated to the committee when I came before them that I personally had no knowledge of the facts; that I was merely representing the, views and statements made to me by the representatives of the Indians. Mr. NoETON. Now, do you not think you are wasting the time of. this committee, if you come here making general statements and do not have specific cases to substantiate those statements ? Do you not think you ought to know? Those are things that we want. Mr. KoNOP. There is a man there who says he knows. Mr. Beatjlieu. I think the whole matter has been placed before the department by the teacher up there, the former teacher up there, she was a member of the tribe, and she was the only one employed there — she was the only one doing work, not employed. While those places are marked "vacant," they are all receiving compensation. Mr. NoETON. The vacancies are receiving compensation ? Mr. Beaulieu. They are marked "vacant" but they are filled up, . and they have employees, and I beheve Mr. Meritt can explain that as well as I can, that there have been complaints from Cass Lake. Mrs. Warren, sister of Mr. Eogers, was a teacher there and she was the only one doing work there, and then they transferred her, and she made a complaint about it. She told the supermtendent that it would be better for him to devote his time to the work for which he was employed, instead of going and hvmg on a homestead. That is all I know about it. They told me that personally, and that name was marked accordingly. Mr. Norton. A man could teach out there and run a school and live on a homestead consistently, could he not? Mr. Beaulieu. I presume he could. Mr. Noeton. Could he not, as a matter of fact ? Mr. Beaulieu. He could go to the school every morning and do that. There is no doubt of that. IKDIAN APPKOPEIATION BILL, Idl?. 63 Mr. Norton. And many teachers do that and keep up their work among the white people, do they not ? Mr. Beaxilieu. I could not say as to that. This is the only case I know of. Mr. Norton. I mean among white teachers. Mr. Beaulieu. I do not Imow anything about that. I am not informed as to what they do among the white teachers. The Chairman. I do not think we have time to take up these items further now. Mr. Ballinger. I just want to caU Mr. Norton's attention to one matter. Now, Mr. Norton, you have asked me why we did not come forward with specific complaints. I want to make our position plain. For instance, these are the only kind of statements available to us. Here is a statement of the fiscal affairs of Indian tribes for the fiscal year ending June 30, 1915. Under the heading "Disbursed from public or trust funds during fiscal year 1915," we find a statement of the funds disbursed. It does not show how much came from tribal funds, or how much came from the pubHc money. But we find that from those two sources there was disbursed in salaries to employees on the Chippewa Reservation $215,197.40 that year; and there was disbursed for support and civihzation $274,573.82. Where that money came from we do not know; how much came out of trust fnnds and how much out of the Treasury the Indians do not know; and no one on this committee knows, and no one else knows, unless it be somebody in the Indian Office, and the Indians can not find out. That is what we are complaining about. Mr. Norton. Well, Mr. Ballmger, you — speaking of you as repre- senting the tribe — are out on the ground there ; you know the condi- tions there, and we would expect from you in making this complaint specific charges of mismanagement out there. Mr. Ballinger. Mr. Norton, Congressman C. B. Miller appeared before the committee here the other day and told you of the incom- petency and uselessness of the farmers sent out there to teach the Indians. Now, that was one class, and Mr. Miller was speaking of his own personal knowledge, from personal visits to the reservation. Now, there is one class alone, the farmers employed on the reserva- tions, that ought not to be continued. Mr. Norton. Mr. MiUer mentioned one, and I imagined that was rather an oratorical, elocutionary statement. Mr. Ballinger. Mr. MUler went a step further — I am taking the statements that he made to the committee and the statements that have been made to me — Mr. MiHer went a step further, and he told you that the employees, on the reservations had their automobiles and their carriages and their cutters and every accessory calculated to make life pleasant. Those things are being paid for from some source, and they must have been and are being paid for from these funds under the heading of " Support and civihzation." That is the only fund to which those things could be charged. The Chairman. If it is paid from these funds, it is a gratuity from the Government. ,t t j- ^ .. Mr. Ballinger. No; it- is coming partly from the Indian trust funds. We do not know how much is being paid from the Indians funds and how much from the public funds. 64 INDIAN APPHOPEIATION BILL, 1917. Mr. Johnson. You say it is impossible to tell where that money is coming from. On the face of this statement you can see where it all came from but $95,000. In the first place, you have at the beginning of this statement interest on the Chippewa fund, $129,505.50; pro- ceeds of town lots, $9,220.99; proceeds of Red Lake Reservation, $429,159.02; Indian moneys, proceeds of labor, $29,136; Indian moneys, proceeds of labor, $5,381, making a total of $602,000 of those funds that you know exactly where they came from. Mr. Ballingee. I am apprehensive that my friend is mistaken; Those are the funds that were received and covered into the Treasury,, and have no relation whatever to the expenditures. Mr. Johnson. Is that true, Mr. Meritt ? Mr. Mbkitt. Yes, sir; that is true. Mr. Ballingee. So that we have absolutely nothing in this state- ment that sheds any light upon the expenditures other than gross amounts. Mr. Meeitt. May I make a statement there ? The Ghaieman. Proceed, Mr. Meritt. Mr. Meeitt. Mr. Ballinger has made a number of general state-^ ments about lack of information in regard to Chippewa funds. We have submitted to Congress in comphance with the joint resolution of February 17, 1909, a statement regarding the Chippewa funds at that time. This may be found in House Document No. 755, Sixty-' first Congress, second session. He also made a complaint regarding the statement in this House Document No. 154, Sixty-first Congress, first session, to the effect that we have only given totals. We were simply complying with the pro- visions of section 27 of the act of March 3, 1911 (36 Stat. L., 58),. which required us among other things to show the total amoimt of disbursements from public or trust funds made on account of each tribe of Indians for such fiscal year. In making that statement we were complying with the provisions of law. Now in addition to the information we have furnished, we have a statement here giving the expenditures on account of the fiscal yeap 1915, from the Chippewas in Minnesota fund, $160,000 authorized' in the act of August 1, 1914. In this statement we show by schools, and agencies the amount of funds that have been expended from th& Chippewa fund; showing salaries and wages, traveling expenses,, transportation of supplies, communication service, printing, bmding,^ advertising, etc. ; subsistence and supplies; dry goods, wearing apparel, etc.; forage, fuel, iUuminants, lubricants, etc.; stationery, and ofiice- supplies; educational supplies, medical supplies, equipment, material,, etc.; construction, repairs and miscellaneous. The total amount ex- pended was $154,556.57 out of this appropriation. We have furnished this table to the committee, and we would be glad to have that state- ment included in the record. (The table referred to follows) : INDIAN APPEOPEIATION BILL, 1917. 65 o d « . X m .ao).s .a g^ M 3 a ® ill o M oa a H CO d Pi a MS g §S8SSS?g' eo rf lO (O t— i-H t^ CC -tt( W O "W 1-- pi ejjDiOiO t- i-H -^ w sg Oi-f" i-tC wo mc oca CO t^ „ CSl-H o lO ifj l-^ lO 00 1-i i-i "Hi' ^«| 0.3 ISIS i"^St;.a'§ -a a"^ § S a" aw „-» mo a !a§88SS'0'd'ogaaa 25135— PT 2—16- t 66 ijstdian appeopbiation b]lj., lun. IS I CQ C3i S e ^ ■S PI S o 1:^ g «. S §1 S3 TfH rH O ■* O ■« 5 C-- •* CO I— t^ CNOl'-ltDiOOO-^Oll'-cO ':C>t-CQ«-l"*I>-OJMl-'*Oi(N eDl--OTr*C»00C^ ootoooco m lO iO i-H 03 C^ 0303100 Oi'-H i-lM ' lOO .S D O &S g& d o I" +3 CO af INDIAN APPEOPEIATION BILL, 1911. 67 Mr. Meritt. Now, Mr. Chairman, Mr. Ballinger has made state- ments regarding employees, and out of what funds they are paid. There is no mystery about this. The following statement shows the titles of positions, salaries, and appropriations from which paid, of all positions at the various school agencies in the Chippewa country: Statement showing the titles of positions, salaries, appropriations from which paid, of all positions at the various schools and agencies in the Chippewa country. Position. Salary. Appropriation. CASS LAKE SCHOOL. $1,000 600 540 300 300 300 600 Interest 1916. Do. Do. Do. Do. Do. Do. Interest 1916. Do. Do. Do. Do. Do. Chippew Bo. Industri Pay of I Do. Do. Individi Do. Do. Chippe-n Do! Do. Do. Interest 1916. Do. Do. Oliippev on Chippewas in Minnesota fund, Laundress Cook Industrial teacher Total 3,640 ' DU LAC SCHOOLS. FOND 1,400 1,200 720 300 720 300 Clerk Teacher Teacher , Total 4,640 DTJ LAC AGENCY. FOOT) 600 600 600 as in Minnesota fund, 1916. Total 1,800 Farmer 900 al work and care of timber, 1916. 300 300 300 adian police, 1916. Do Total 900 Deputy supervisor 1,700 600 600 lal Indian moneys, timber expense. Total 2,900 1,300 660 500 500 500 a in Minnesota fimd (hospital). Cook Do Total 3,460 PORTAGE SCHOOL. GRAND 1,200 770 300 on Chippewas in Mirmesota fund, 2,270 POKTAGE AGENCY. GRAND 400 60O ra in Minnesota fund, 1916. Phvsirian Total 1,000 68 INDIAN APPROPEIATION BILL, 1917. Statement showing the titles of positions, salaries, appropriations from which paid, of all positions at the various schools and agencies in the Chippewa country — Continued . Position. Salary. Appropriation. GRAND POKTAGE AGENCY— COnt inued. Fajmer Private Forest guard, 6 months Do Total LEECH LAKE SCHOOLS. Superintendent Principal Teacher Do Industrial teacher Matron Seamstress Laundress Cook Engineer Assistant Disciplinarian Teacher Housekeeper Total Laborer LEECH LAKE AGENCY. Clerk Assistant clerk Do Physician , Do Blacksmith Sawyer and marine engineer Fanner Do Farmer Assistant clerk Blacksmith Teamster Laborer Do Do '.'.'.'.'.'.'.'.'. Timber clerks Scale inspector Total Judge Do :;;;; Total Forest guard, 6 months Do Do ;!;;;;;;;!;;;!;;; Total Chief of police Private 8 privates, S240 each !!!!!!!!!! Total 15 scalers, 3 months, not exceeding $90 month each. 1 assistant timber clerk Total 1 overseer 8720 360 300 300 1,800 900 690 630 660 540 500 500 600 720 480 600 780 300 1,600 240 1,320 900 780 1,200 1,200 900 900 900 900 720 900 600 320 360 360 600 1,200 1,200 15, 160 300 300 300 900 300 360 1,920 4,050 900 4,960 900 Industrial work and care of timber, 1916. Pay of Indian police, 1916. Industrial work and care of timber, 1916. Do. Interest on Chippewas in Miimesota fund, 1916. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Indian moneys, proceeds of labor. Leech Lake School. Chippewas in Minnesota fund, 1916. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Pay of judges, Indian courts, 1916. Do. Industrial work and care of timber, 1916. Do. Do. Pay of Indian police, 1916. Do. Do. Individual Indian moneys, timber expense. Do. Industrial work and care of timber, 1916. INDIAN APPBOPEIATIOK BILL, 1917. 69 Statement showing the titles of positions, salaries, appropriations from which paid, of all positions at the various schools and agencies in the Chippewa country — Continued. Position. Salary. Appropriation. NETT LAKE SCHOOL. Superintendent Teacher Do Housekeeper Total. NETT LAKE AGENCY. Financial clerk Assistant clerk Physician General mechanic. Blacksmith Laborer Total. Parmer 2 forest guards, 6 months, $240 each. Total 2 privates, $240 each RED LAKE SCHOOLS. Superintendent Principal Teacher Do Matron '- — Assistant matron. Laundress Cook Night watchman. . . Assistant engineer.. Laborer Principal Teacher Matron Seamstress Laundress Cook Laborer Laborer, 6 months . Total.. RED LAKE AGENCY. Clerk Assistant clerk.. Financial clerk. . Physician Do Engineer Farmer Carpenter laborer Blacksmith Do Total Assistant clerk. Eanger 3 forest guards, 6 months, $360 each. Total. Nurse... Laborer. Cook.--- $1,200 , 720 630 300 2,860 600 900 1,000 720 660 480 4,360 720 1,200 480 1,600 900 630 630 600 300 480 300 720 420 840 600 540 480 450 480 600 160 11,680 Total. 1,200 720 600 1,200 1,200 1,200 900 840 360 720 600 Interest on Chippewas in Minnesota fund, 1916. Do. Do. Do. Chippewa in Minnesota fund, 1916. 9,540 1,200 1,080 3,180 780 600 600 iippe's Do! Do. Do. Do. Industrial work and care of timber, 1916. Do. Pay of Indian police, 1916. Interest on Chippewas in Minnesota fund, 1916. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Chippewa in Minnesota fund, 1916. Do! Do. Do. Do. Do. Do. Do. Do. Do. Indian moneys, proceeds of labor, Red Lake Indians. Do. Do. Chippewas in Minnesota fund (hospital). Do! 70 INDIAN APPROPEIATION BILL, 1917. Statement showing the titles of positions, salaries, appropriations from which paid, of all positions at the various schools and agencies in the Chippewa country — Continued. Position. Salary. Appropriation, BED lAKE AGENCY— continued. Farmer Do Total 2 judges, $84 each 1 duel ot police 9 privates, S240 each Total VERinLUON LAKE SCHOOL. Superintendent and physician Financial clerk Disciplioarian , Teacher Do Primary teacher Matron Assistant matron Seamstress Laundress Cook Engineer 1 Farmer Assistant Total WHITE EAKTH SCHOOLS. Superintendent Assistant engineer Engineer Laborer Physician Total Principal Teacher Do Do Disciplinarian Kindergartner Teacher of housekeeping Matron Assistant matron Assistant Seamstress Dining-room matron Laimdiess Baker Cook Farmer Carpenter Shoe and harness maker Night watchman Teacher Housekeeper Assistant Teacher Housekeeper Teacher Housekeeper Physician Teacher Physician Housekeeper Total «900 720 168 300 2,160 2,460 1,500 600 720 840 630 600 600 300 540 500 540 900 720 400 9,390 2,100 600 800 500 1,000 4,000 1,000 630 600 760 540 630 660 600 540 480 520 540 620 480 540 600 720 600 600 900 300 300 780 300 720 300 1,000 750 1,400 300 Industrial work and care o£ timber, 1916. Do. Pay of judges, Indian courts, 1916. Pay of Indian police, 1916. Do. Interest on Chippewas in Minnesota fund, 1916. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Support of Chippewas of the Mississippi, Mirmesota, 1916. Do. Do. Do. Do. Interest on Chippewas in Minnesota fund, 1916. Do. Do. Do. Do. Do, Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do, Do, Do, Do. Do, Do. Do, Do, Do, Do, Do, 18, 500 INDIAN APPEOPBIATION BILL, 191*7. 71 Statement showing the titles of positions, salaries, appropriations from' which paid, of all positions at the various schools and agencies in the Chippewa country— Continued. Position. Salary. Appropriation. WHITE EAETH AGENCY. Chief cleA $1,300 1,200 900 1,000 1,200 900 840 1,200 2,000 500 720 600 600 720 540 540 420 300 480 540 1,000 900 800 600 480 600 480 900 840 Chippewas in Minnesota fund, 1916. m. Do. Do. Do. Do. Do. Do Financial clerk Stenographer and typewriter Clerk Issue clerk Clerk Assistant clerk Physician 2 physicians, at $1,000 each Physician Do Blacksmith Carpenter Do Laborer Nurse Do Matron Cook Do Laundress Do Do Laborer Do Do Assistant clerk Do Clerk Do Overseer Do Do Cook Do Do. Interpreter Do Do. Do....; Do Total 23,100 720 900 900 1,500 900 600 Indian moneys, proceeds of labor. White Earth Indians. General expenses, Indiaa Service, 1916. Do. Clerk Forest guard Industrial work and care of timber, 1916. Do. 6 forest guards, 2 months, $50 per month Do. Total 3,900 480 720 2,160 Pay of Indian police, 1916. Do, Do. Total 3,360 RECAPITULATION. Payable from- Salaries. Positions. Interest on Chippewas in Minnesota fund, 1916 Chippewas in Hmnesota fund, 1916 Industrial work and care of timber, 1916 Pay of Indian police, 1916 Individual Indian moneys, Fond du Lac Chippewas in Minnesota fund, 1916 (hospitals) Indian moneys, proceeds of labor. Leech Lake Pay of judges, Indian courts, 1916 Individual Indian moneys, timber expense. Leech Lake Indian moneys, proceeds of labor, R ed Lake Indians — Support of Chippewas of the Mississippi-Minnesota, 1916 Indian moneys, proceeds of labor, White Earth General expenses, Indian Service, 1916 Total 862, 570 54,960 10,740 10,140 2,900 5,440 240 336 4,950 3,180 4,000 720 900 161,076 70 21 1 4 16 5 5 1 1 72 INDIAN APPKOPEIATION BILL, 1917. The Chairman. Is each school separately itemized? Mr. Meritt. The schools and agencies are separately itemized. Mr. Ballinger. Do they show the number of children attending these schools ? n i /-, Mr. Meritt. That information is shown in the report of the Com- missioner of Indian Affairs, page 158 of this year's report. I wiU be glad to have that included in the record. (The paper referred to foUows:) Reservations and names of schools. Capacity. Total enroll- ment. Average attend- ance. Class ol school. Minnesota 1,451 1,549 1,137.1 • 40 74 45 48 36.6 26.1 Reservation boarding. Fond du Lac . 40 34 19 29 11.6 14.6 Day. Normantown Do. 20 128 28 145 14.6 89.6 Do. Leech Lake 80 24 24 96 22 27 70.6 10.0 9.0 Reservation boarding. Day. Do. Nett Lake 60 248 62 232 38.7 199.5 Do. Pipestone 212 36 208 24 184.4 15.1 Nonreservation boarding. Day. Red Lake superintendency 188 236 198.6 75 43 70 86 64 86 74.6 57.5 66.4 Reservation boarding. Cross Lake Do. St. Mary's . . Contract mission boarding; Catholic. 110 583 143 610 117.5 416.0 Reservation boarding. White Earth . . . 260 53 30 30 30 60 130 281 47 20 29 43 80 110 196.0 23.0 8.2 14.4 26.7 46.7 103.0 Do. Day. Elbow Lake Do. Do. Do. White Earth Do. St. Benedict's Mr. Meritt. Now, Mr. Chairman, I would like to make a state- ment regarding the Cass Lake School. The gentleman, Mr. Bal- linger, has made some rather broad statements regarding this school, which are not supported by the facts. This reservation boarding school has a capacity of 40 students. It has a total enrollment of 45. We have more students enrolled there than the capacity will accom- modate. The average attendance is 36, showing that the Indians of that country are taking advantage of that school and making good use of it. We are supporting at that school 36 children and giving them an education. The superintendent of that school gets $1,000 a year. The Chairman. How about the other employees that he mentioned here? Mr. Mekitt. In those positions that bereferred to as being vacant — we probably have temporary employees until we can get permanent employees. INDIAK APPEOPEIATION BILL, 1917. 73 Mr. Gandy. What is the enrollment ? The average attendance is 36, you say. I am assuming that Cass is in a reasonably well-developed portion of Minjiesota. Would it be possible for those children to at- tend the public schools ? Mr. Meeitt. Some of the chUdren probably could attend public schools; other children are so poor that it is necessary that they attend a boarding school. Mr. Gandy. Could they be taken to a school where the attendance is larger and the per capita cost would not be so heavy as a little school with only 40 pupils, that would necessitate a larger propor- tionate number of employees ? Mr. Meeitt. We are using every effort to get the Indian children into the public schools. In this year's biU we have asked for a change in the appropriation for the support of Indian day and industrial schools, so there will be no limitation on the amount of money we may use for paying tuition in public schools. There is a limitation now of $25,000 for tuition of children in public schools. We are asking that that limitation be removed entirely, so that we can gradually work the children into the public schools. Mr.-SNYDEE. Referring to this particular school, I notice that that hst states that there are either six or seven employees, cincluding the superintendent. Is that quite necessary in a school where there are only 36 children ? Mr. Meeitt. I will read you the employees and the salaries paid: Superintendent, $1,000; teacher, $600; matron, $540; seamstress, $300; laundress, $300; cook, .?300; industrial teacher, $600; making a total of $3,640. Mr. Snydee. These people live at that school, do they ? Mr. Meeitt. The pupils board there. We have to clothe them and take care of them. ]Mr. Snydee. What is the charge for maintenance of that school? Mr. Meeitt. I have given that heretofore. I wiU be glad to give it again. The total charge is $17,763.61. The Chaieman. How much per capita would that be ? Mr. Meeitt. That would be about $275 per capita. You will understand, of course, that where we have a small boarding school with a small enrollment, the per capita cost is necessarily high. The Chaieman. What is the outlook for increasing the number of pupils there? Mr. Meeitt. So far as I am concerned, I would not be in favor of increasing the attendance at this school, because I think it will be better to gradually work the Chippewa Indians into the pubhc schools of that State ? The Chaieman. When was this school organized? Mr. Meeitt. It has been organized for a great number of years. The Chaieman. The Indians asked for the organization of this school, or did the department do it ? • -> ^ Mr. Meeitt. The Chippewa Indians have always been m favor ot education, and have encouraged education, and have, so far as I know, never objected seriously to the use of their funds for legitimate educational purposes. . . The Chaieman. Has th«re ever been any special objection raised by the tribe, or any large number of the tribe, against this school and the way it is operated ? 74 INDIAN APPEOPEIATION BILL, 1911. Mr. Meeitt. Not within my knowledge. The Chairman. Have there ever been any protests filed by any of the Indians against the school ? Mr. Meeitt. You understand, Mr. Chairman, we have protests of various kinds and character from every agency and school relating to some matter, and there may have been one of these protests filed in connection with this school, but I do not recall it. Mr. NoETON. Now, I would like to ask Mr. Ballinger if the claim of the tribe is that this school could bo eliminated, discontinued entirely, and that the pupils who go to this school would get access to the public schools if it were entirely discontinued? Is that the contention ? Mr. Ballingbe. No ; the contention is this, that there is a superin^ tendent at a school that, according to one report of the department, has 36 pupils, and according to a report to Congressman MiUer must have been closed, whose services are unnecessary. There are teachers and others there when the school is open whose salaries amount to, exclusive of the superintendent, $2,740, and they think that this $1,000 paid to the superintendent is wasted. Now, will the chairman permit me to ask Mr. Meritt one question, and I am practically through? The Chaieman. I will ask the question if you will state it to me. Mr. Ballingee. I wanted to know if it is not a fact that the schools of the Minnesota Chippewas are maintained out of the $75,000 derived from the interest on the trust fund? The Chaieman. How is that, Mr. Meritt ? Mr. Meeitt. They are in part. Mr. Ballingee. Are they not entirely ? Mr. Meeitt. Not entirety; no. They are in part. This school here is maintained, so far as salaries are concerned, entirely out of the interest on the Chippewa funds in Minnesota. Mr. Ballingee. Now, is that not true of every other school enumerated in this list — that they are maintained out of the interest fund? Mr. Meeitt. Not entirely. This statement I have put into the record will show the funds that are used, so far as salaries are con- cerned. The Chaieman. I think that will be sufficient on that. Mr. Ballingee. We would like to know how much of this $185,000 is used for educational purposes. Mr. Snydee. We will all know that when this report goes into the record. The Chaieman. Are there any further statements, gentlemen ? Mr. KoNOP. I would like to ask you a question, Mr. Meritt. It costs $763 per pupil in this institution, does it ? Mr. Meeitt. I have not figured the total per capita, but probably, as I stated, it would be high, because of the small number of pupils. If we had a large boarding school there of several hundred the cost per capita would necessarily be reduced. The overhead charge for a small school is almost as large as the overhead charge for a much larger school. Mr. KoNOP. Could these pupils not be taken to another school, to a larger school, and ehminate that unnecessarily large expense? INDIAN APPBOPBIATION BILL, 191'7. 75 Mr. Meritt. You understand, Mr. Konop, that the reservation schools are practically filled. The Indians all over the country are appreciating the opportunities afforded by these nonreservation board- ing schools, as well as the reservation boarding schools, and we have no trouble at all in filling those schools to their capacity. In fact, we have at this time between 5,000 and 10,000 Indian children in the United States without school facilities, and we have to utihze every building that we have in addition to encouraging the Indians to go to the public schools, in order to give the 70,000 Indian children in the United States adequate school facilities, and then we are hampered because of lack of school facilities. Mr. Konop. Are there any mission schools on the reservation? Mr. Meritt. I do not think so. We have mission schools on Red Lake and White Earth, but I do not believe there is any mission school at this place. Mr. Johnson. Referring to this same school, you say the average attendance is 36 there? Mr. Meritt. Yes, sir. Mr. Johnson. And the total expense is $17,763? Mr. Meritt. Yes, sir. Mr. Johnson. And that makes a total per capita expense of prac- tically $500 per pupil, does it not ? Mr. Meritt. Out of that total of $17,000, Mr. Johnson, we expended $7,947 for permanent improvements, which would not go toward the per capita cost of pupils. Mr. Johnson. What was the per capita cost, eliminating that $7,947? Mr. Meritt. Out of the total of $17,763 there were constructed a bridge at a cost of $4,211 and a house at a cost of $1,536, or a total cost of $5,747. Neither of the above expenditures was a school matter. In addition to the above there was an expenditure of $2,200 for heating and ventilating system, change in partitions, plumbing, and extension of water system, permanent improvements, . which should not be included in the amount on which per capita cost is based. If the cost of the three items given above, $7,947 is deducted from the amoimt $17,763, it will leave a balance of $9,816 on which the per capita cost at this school should be based. Using this amount, the per capita cost based on the enrollment of 45 is $218, and based on the average attendance of 36 the per capita cost is $273. The Chairman. Would it be possible to take these students to some of the nonreservation schools and not fill up the capacity? Mr. Meritt. There is an enrollment at this school of about 40 and there is an actual attendance of about 36, and we have not room in the nonreservation schools to take care of aU of the children. The Chairman. The hearings show that a number of these schools are not full — the nonreservation schools. Mr. Meritt. Practically all the nonreservation schools are filled to their capacity, and we are asking for an increase in the capacity of a number of the schools. Mr. Snyder. It is my understanding that the only contention on the part of this representation here that the superintendent is an excess. They desire the school; they want it kept up, but they think the superintendent is superfluous; that he is not needed. Is not that the understanding? 76 INDIAN APPKOPEIATION BILL, 1917. Mr. Ballingee. That is one of the main things. Mr, Sntdee. Is that not the real issue here now ? Mr. Ballingee. At this particular school, but that runs all the way through the service. Mr. Snyder. We are speaking about this particular school now. Mr. Ballingee. That is correct. Mr. Meeitt. Mr. Chairman, you will readily understand that it is necessary to have at any boarding school where they have an enrollment of 40 pupils a man who is superintendent of that school. You will note that the salary is only $1,000, which is not an unusually high salary for a superintendent of a school of that caj)acity. Now I find, speaking of this school, that the per capita cost is $273, with- out the permanent improvements included. The Chaieman. Outside of the permanent improvements ? Mr. Johnson. I figure it $414. Mr. Meeitt. You will understand that that total includes tuition, clothes, food, and medical attendance; which will compare favor- ably with like service and cost in white schools at other places. Mr. KoNOP. One of these reservation schools, like this one, I suppose, has a dormitory for housing the pupils, dining halls, and classrooms for the pupils; and it has a heating plant and a lighting plant ? Mr. Meeitt. Yes, sir. Mr. KoNOP. And it has a laundry, etc. ? Mr. Meeitt. Yes, sir. Mr. KoNOP. Do you not think that if some of the schools were enlarged into one plant, and then the children put into the larger schools, and then ehminate a whole lot of the smaller schools, that would be better policy ? Mr. Meeitt. We have at White Earth a much larger school than this school here. The Chaieman. Could these children at this school be accommo- dated at the White Earth School ? Mr. Meritt. The White Earth School has a capacity of 250, an enrollment of 281, and an average attendance of 195. You will see that the enrollment there is very much larger than the capacity of the school. Mr. Hayden. I would like to make this observation, that the farther you take the Indian child away from his home — he may make greater apparent progress in a larger boarding school, but the hot-housing proposition of taking him away from his own country is a bad one, and it is better to educate the Indian nearer home than to take him a long way off, though it may be done cheaper. He will make more steady progress in the smaller school. Mr. KoNOP. I think it is absolutely poor business policy to main- tain a school with 36 pupils with a $1,000 principal at the head of it. That is the kind of schools we have all over the United States, and I would get rid of three-fourths of them. Mr. Snyder. The way I see it is that the Indian is perfectly willing to pay all of it except $1,000, and it seems to me we are wasting too much time on a question of $1,000. Mr. Hayden. I would like to ask one question on another item of the biU. INDIAN APPROPRIATION BILL, 1917. 77 Mr. KoNOP. I would like to ask a few questions relative to the item of $150,000 for the suppression of the hquor traffic. We had a gentleman appear before us some time ago, and he told us that money was being used to suppress the liquor traffic among white men up in Minnesota. Is there any truth in that ? Mr. Meritt. We have been carrying out the provisions of the treaty of 1855 with the Indians of Minnesota. That provision re- quires us to enforce the liquor laws within certain territory. Mr. KoNOP. I understand that. Mr. Meritt. And we have enforced the provisions of that treaty. Mr. KoNOP. Among white men ? Mr. Meritt. And also among the Indians. There are Indians in that country. Mr. KoNOP. But has there been any time and money spent in sup- pressing the liquor traffic among white people ? Mr. Meritt. We have closed up the saloons in a town known as Hibbing, Minn. They claim there are no Indians living in that town, but Indians do visit the town, and liquor has been sold to them in that town. The town is within the treaty territory, and therefore it is our duty to enforce the provisions of that treaty, and we did en- force it and closed up the saloons. Mr. KoNOP. Well, Mr. Miller appeared before the committee and stated that around these towns there were no Indians at all; that there would be six or seven men around there, and any time that a ■s^ite man would happen to get a box of beer ordered for himseK — not for the saloons but for himself — that these inspectors would go around and smash the box and waste their time around there, instead of going among the Indians, where they could do more good. Is that true? Mr. Meritt. We have been enforcing the provisions of that treaty within that territory. There are Indians in that territory, and when- ever anybody introduces Uquor there it is the duty of the officers to suppress that traffic, and it has been very effectively done. Mr. KoNOP. Do you not think that it has gone beyond good judg- ment; that you have been trying to enforce prohibition in a territory where there were no Indians ? Mr. Meritt. No, sir; the Indians visit this town of Hibbing and are sold liquor; and as long as that was done it was our duty to the In- dians under the treaty to have that territory closed. Mr. Gandt. Are there ever any prosecutions for the sale of Uquor to the Indians in the town of Hibbmg? Mr. Meritt. I could not say offhand as to that. Mr. Gandy. I just wanted to make myself plaia here that gentle- men ia whom I have absolute confidence have come in here and said that Indians do not visit the town of Hibbmg, that between the town of Hibbing and the reservation that the Indians are referred to as hav- ing come from to Hibbing there is an impassable swamp and forest, that the railroad connections from Hibbing do not lead that way at aU, and the Indians are never seen at Hibbing. Then other gentle- men in whom we have absolute confidence, such as the Assistant Com- missioner of Indian Affairs, come in and make a general statement that the Indians do visit the town and that they have been sold liquor there. Now, if that is true, all of it, where are the people that have been prosecuted for that ? Where are the citations ? 78 INDIAN APPKOPBIATION BILL, 1917. The Chairman. As I understand it, this is territory in which every- one is forbidden to sell liquor. It is not a question of the Indians alone. Mr. KoNOP, What I wanted to know is, if it was the policy of the Indian Bureau to try to make white country dry? Mr. Meritt. Not at aU. Mr. Gandt. a day or two ago there was printed in the newspapers of this city a purported interview with the honorable Commissioner of Indian Affairs, in which the commissioner is quoted as saying that aU the treaties were being studied with the view to seeing if it is not possible to make other portions of the United States dry; and I think it is but fair that we should know whether it is proposed that this $150,000, if it is appropriated, wiU be used in an effort to make white territory dry ? Mr. Meritt. No, sir; this $150,000 wiU be used for the purpose of suppressing the liquor traffic among the Indians. I might say that our closing up those saloons at Hibbing was taken into the courts. They attempted to get an injunction, and in the trial of that case the department was sustained by the courts. Mr. KoNOP. How about the town of Chisholm, in Minnesota? Are there any Indians around there ? Mr. Meritt. I think that town was closed, too, because it was in the treaty territory. Mr. KoNOP. You just closed the town; you did not pay any attention to whether the Indians ever got to town, or whether tke Indians got liquor there, but you just simply closed it because you had the law and the right to do it under that treaty ? Mr. Meritt. No, sir; it was shown that the Indians visited that town and purchased liquor there. The Chairman. Does not the law require the officer to do tha,t very thing? Mr. Meritt. It does. We are under oath to support the Consti- tution and laws of the United States, and this is one of the laws. Mr. KoNOP. In connection with this $150,000 appropriation you are trying to get, what is the situation in New York? We would Hke to know something about that. Mr. Meritt. We have set out the reasons for that legislation in our hearings. The Indians in New York occtipy an unusual status. The State has certain jurisdiction over those Indians, and the Federal Government has limited jurisdiction. The attorney general of the State of New York has recently rendered a decision which questions and denies the jurisdiction of the State over those Indians, and the Indians are between the upper and lower millstone and they do not know under just whose jurisdiction they are. It is for the purpose of giving us definite authority that we are askmg for this legislation, so as to enable us to protect them from the liquor traffic. Mr. Hayden. I think the Indian office ought not to be criticized for enforcing any law on the statute books. Congress provides that liquor shall not be sold in certain territory, and if our executive officers carry out that law you are not to be blamed for enforcing the law. But there was another question raised in connection with the increase in this appropriation to the effect that a number of Western States in which Indian reservations are located have gone dry on the first day of this year. I know, for instance, that ihe prosecutions INDIAN APPEOPRIATION BILL, 1911. 79 for selling liquor to Indians have greatly decreased since Arizona went dry. Mr. Meritt. That is true, Mr. Hayden. Conditions there have materially improved. Mr. Hayden. The committee has reason to believe that in the other States that have gone dry, the same effect will follow. We could not see any reason why there should be more money appropriated for this purpose, in view of the fact that State-wide prohibition is going into effect in a large number of States where reservations are located. Mr. Meritt. In some States where they have prohibition laws we still have a great deal of trouble in connection with the suppression of the liquor traffic. I believe Mr. Carter wiU bear me out in the statement that there is a considerable traffic in liquor in the State of Oklahoma, although they have State-wide prohibition laws. The Chairman. Constitutional, is it not? Mr. Hayden. Of com-se, I realize that it depends on the nature of the constitutional amendment. I do know that in Arizona there is not one prosecution in the Federal court for selling Uquor to Indians now -where there were 10 before the State went dry. Mr. Meritt. Yes, sir; conditions in Arizona have very materially improved. But it should also be borne in mind that we have Indians in 26 different States throughout the western country, and this appro- priation of $100,000 has not heretofore been adequate to enable us to meet the liquor conditions oh these various reservations. The Chairman. I believe that Colorado, Washington, and Oregon, all three went dry this last year. Mr. Gandy. And Idaho. The Chairman. Aren't there quite a number of Indians in those States ? Mr. MeriTt. Yes, sir. The Chairman. What effect has that had in the hquor traffic in those States among the Indians ? Mr. Meritt. That legislation, of course, will be very helpful to us in enforcing the liquor laws. The Chairman. Doesn't that indicate that we can cut this amount materially, if it has the same effect in other places that it has in Arizona ? J*Ir. Meritt. No, sir; we have not had money enough heretofore to meet conditions on these various reservations. Mr. Snyder. In those States that have gone dry, why not let it work out its own salvation and discontinue spending large amounts of money in those States, and exercise greater action in the States that have not gone dry? Mr. Meritt. We would do that where the conditions in those dry States warrant it. Some of these alleged dry States, though, are not dry by any means, and it requires considerable work to protect the Indians. Mr. Carter. How many men have you employed m the suppres sion of the Uquor traffic ? Mr. Meritt. We have different classes of employees, Mr. Carter. Mr. Carter. But how many have you employed in the suppression of the liquor traffic and nothing else ? 80 INDIAN APPROPEIATION BILL, 1917. Mr. Meeitt. We have 1 chief special officer, 2 assistant chief' special officers, 17 special officers, 2 clerks, 2 assistant clerks, and 72 deputy special officers. Mr. Carter. How many is that all told? Mr. Meeitt. Ninety-six. You will understand, though, that the 72 deputy special officers are employed but very little of their time. Mr. Hayden. They are employed on a fee basis, are they not ? Mr. Meritt. They get a fee. Mr. Carter. In addition to that you have a deputy marshal in each case, who ought to render you valuable assistance. Mr. Meritt. They cooperate with us. Mr. Carter. Then, you have the Indian police. Mr. Meritt. Yes, sir. Mr. Carter. Whose chief duty it is to suppress the liquor traffic. How many Indian police do you have ? Mr. Meritt. Two hundred. Of course, the chief duties of these men are to preserve order on the reservation. Mr. Carter. I understand; but each of them have jurisdiction over the illicit sale of liquor to Indians, and each of them directs part of their efforts to that. Mr. Meritt. Yes, sir; it is the duty of every employee in the Indian Service to cooperate in the suppression of the liquor traffic among the Indians. Mr. Carter. Then the superintendents, of course, assist, and the employees also. Mr. Meritt. Yes, sir; but these 72 deputy officers should not be considered very seriously as permanent employees. We have 17 special officers who are employed all the time. The Chairman. How many prosecutions were there last year in this business, and what was the result of the prosecutions ? Mr. Meritt. I know that this appropriation was really almost self- supporting, because there were fines collected sufficient to almost meet the total amount of the appropriation. The Chairman. That is what we want to get. Mr. Meritt. I think there was about 1100,000 in fines paid into the Treasury. The Chairman. Please put the number of prosecutions and the number of convictions in the record. Mr. Meritt. The information requested follows: INDIAN APPEOPBIATION BILL, IBl". 81 "S3 .a W I- O M "Tf iH 0> i-t Tji lO ?3SS oo »o M r^ Q « Cq 00 ■* iS P I— CO t- too WCOO GO r- -"S* t-. lO too i-HCOO) 00 (N ^ as ^1 M 35 OiiOO O M OiQ CD to CD :o O N COCO^HCO'cc' C5CO(N;C "* CD ' oOM com gooo CO>-H »OCO iH>£5C0 M r-TtH S't3 sii-t rt d OS 2 « m ®.^ t^o^ ® « o fe c fei nsg tJjO_" 1 1.2 at ,1^ OS Ol O 0> O S3 EH 25135— PT 2—16 6 ■JCDOCO'J' 3 C^ O 1-. CO r- OS ■* i-~ »o 00 t>_ Tt< CC (N OO t^ CCCQiOOCOCl cq oo»oo i-i a!0>ooccoolOlON^ S OOOOOCOCO OOOOCOM r~ lo ^o r- c*? ^ irt -^cE CD MCDO -^ OS ?SSS^ i-l M .-I I- ■5* -^ 0(N>ncO-*(N 1 W Sr CO .r-<(M'-l'0 ' .t--> « o (D |.g-- -■§13 «c5.a p>. 82 INDIAN Al'PKOPElATION BILL, 1917. Mr. Hatden. Mr. Chairman, I would like to direct Mr. Meritt's attention to the item beginning on line 3, page 39, of the bill. That matter was discussed the other day by the committee, and some of us were of the opinion that to withdraw all mineral and mining rights in the lands would work a hardship, but that if the Geological Survey was required to examine the lands under a similar provision to that which is used in the ordinary development of an Indian reservation, that we might get at it in that way, and find what lands were valuable for deposits of iron and other minerals, and authorize examination of them. Have you any objection to that provision? Mr. Meritt. No, sir. Mr. KoNOP. Just find out first whether there is anything there. Mr. Meritt. Yes, sir. The Chippewa Indians have requested this legislation, and it is in accordance with their wish that we incorporated it in the estimates. The Chairman. Gentlemen, I believe that is all we need you for this morning. The committee will now go into executive session. (Whereupon, at 12 o'clock noon, the committee went into executive session.) Committee on Indian Affairs, House of Representatives, Tuesday, January 26, 1916. The committee met at 10 o'clock a. m., Hon. John H. Stephens (chairman) presiding. There were present before the committee Hon. F. W. MondeU, a Representative in Congress from the State of Wyoming; Mi-. E. B. Meritt, Assistant Commissioner of Indian Affairs; and Mr. R. H. Higgins, chief school section, Indian Ofl&ce. The Chairman. The committee will come to order. Mr. Gandy. Mr. Chairman, I wish to call up the Rapid City School, page 67: For support and education of two hundred and fifty Indian pupils at the Indian school, Rapid City, South Dakota, including pay of superintendent, $46,000; for general repairs and improvements, $5,000; in all, $51,000. More than $46,000, based on the expenditure of the previous year, wUl be needed for the Rapid City School, wOl it not, Mr. Meritt ? Mr. Meritt. We feel, in view of the large attendance at that school, that we should have $48,500, the amount appropriated last year, for support and maintenance. Mr. Gandy. The hearings show that the expenses last year were $47,2«0.20, so you would not be able to get along with $46,000, would you? Mr. Meritt. No, sir; we will need the amount appropriated last year. Mr. Gandy. Now I want to take up the matter of the necessity for a school building at Rapid City — a new school building. I think it is well that I should make a Httle general statement of my personal knowledge of this situation. The school at Rapid City is located on the ground that before the coming of the white men to the Black Hills country was used for the holding of Indian councils. It is the natural location for an Indian INDIAN APPEOPEIATION BILL, Wl'?. 83 school in that country. It is about 26 miles from the location of the school to the line of Pine Ridge Reservation, which reservation has nearly 7,000 Indians and only one small county of it has been opened to settlement. In addition to Pine Ridge, Rosebud is directly connected with Rapid City by two railroads. The Milwaukee skirts the north line of the Rosebud Reservation, and the Northwestern line iij Nebraska runs just along the south line. On the Rosebud Reservation there are about 6,000 Indians. The Pierre line of the Northwestern is just a short distance below the south line of the Cheyenne Reservation; so that there are adequate railroad facilities from these three large reservations to Rapid City. The school has a gravity system of irrigation of the kind that Indians would have ix they installed little irrigation systems along the creeks on the reservations. It offers both dry land and irrigated farming, both dry land and irrigated fruit growing, dairying and stock raising, in addition to the facilities for academic instruction. It is located very close to the railroad, so that its coal and supplies are gotten in cheaply. The school, according to the hearings, had an average attendance last year of 254 pupils, and they are trying to take care of these })upils in four small schoolrooms. The school is crowded to the imit this year. Some of the cloakrooms have had to be torn out in order to get the children into the building, and at this time the rooms are being used in relays, to adequately provide for the children. Now, I wUl ask Mr. Meritt to make any statement he desires in connection with this. The Chairman. "What do you have to say with reference to this school, Mr. Meritt ? Mr. Meritt. Mr. Chairman, I would like to say that this school is centrally located, so far as the Indian reservations are concerned. It is convenient, as has been stated, to the Pine Ridge, Rosebud, and Cheyenne River Reservations; that there are more than 20,000 In- dians in the State of South Dakota, the third or fourth Indian State in the United States; that we have not adequate school facilities for the Indian children in the United States — there being between 8,000 and 10,000 children without school facilities at this time. Mr. Gandy. You might also advise the committee, Mr. Meritt, as to whether or not practically all of these Indians are west of the Missouri River in South Dakota, in which territory this school is located. Mr. Meritt. They are west of the Missouri River. We have at that school now an enrollment and an attendance larger than the number appropriated for by Congress. The Chairman. I see you have an average, attendance ol 254 pupils, and you have provided for only 250; so there seems to be 4 more than we have provided for. Your proposition is to enlarge the number of buildings ? Mr. Gandy. To build a new school building. Mr. Meritt. The school building that we have there now is en- tirely inadequate for the school. The school was opened m the year 1897, I believe, and it has gradually grown until now it is one ot our large nonreservation schools. 84 INDIAN APPEOPRIATION BILL, 1917. The Chairman. What is the building you are now using con- structed of — stone, brick, or lumber ? Mr. Meriit. It is brick. The Chairman. Could you use it for other purposes if another building was constructed for school purposes ? ' Mr. Meritt. We need the present school building for a dining room for the school — a dining room and kitchen. We have a dining room and kitchen now in the boys' building which is not at all suitable for the school. This school building, in fact, was constructed with the view of ultimately turning it into a dining room and kitchen and with the view of constructing later a more suitable school buUding. It is estimated that the school builduig for that plant will cost about 130,000. The Chairman. What kind of a school buUding do you propose to bund ? Is it for general purposes ? Mr. Meritt. For general purposes, and to be buUt of brick. The Chairman. Have you had any estimates made on it ? Mr. Meritt. We have had the matter looked into by our building people, and it is estimated that a proper building can be constructed for $30,000. The Chairman. That did not appear in your hearings here — the hearings we have — or in the bill. Mr. Meritt. No, sir; we did not submit an estimate for this buUd- ing this year for the reason that we wanted to keep the total of the appropriation bOl down to the lowest possible figure. We realized when the estimates were being made up in the office that this school building was one of the urgent needs at that school, but we felt that we would defer asking for it for this year, unless it was brought up before the committee. We would be very glad to indorse the propo- sition to have a new school building at that plant. It is very much needed. Mr. Gandy. The necessity for this school building has been re- ported on many times by the superintendent, and the supervisors that have visited the school have said they thought it ought to be built. Mr. Meritt. Yes, sir; the supervisors have urged the construction of a school building there, and also the superintendent. Mr. Snyder. There is not really any great suffering on the part of the schools there by reason of the fact that you have a little conges- tion in that school? Mr. Meritt. There is considerable congestion at that school. Of course I can not say that there is any suffering, but it would be very much better if we had a new school bmlding there. And if we get this new school building we can also increase the attendance to at least 300, which M^Ul be good economical administration of that plant. Mr. Norton. How many buildings are there now ? Mr. Meritt. We have 36 buildings altogether, valued at $234,410. Mr. Norton. How many school buildings have you ? Mr. Meritt. Only one. Mr. Norton. You have one classroom building ? Mr. Meritt. Yes, sir. Mr. Norton. What did that cost ? Mr. Meritt. That cost $18,400. INDIAN APPEOPBIATION BILL, 1017. 85 Mr. Snyder. I quite agree with the department, that if there is any way that we can get along without this expense this year it ought to be done. Mr. Norton. That building you say cost $18,400. It contains classrooms, does it? Mr. Meritt. Yes, sir; it contains classrooms and cloakrooms. I have a picture of the building here if you would like to see it [showing photograph]. Mr. Norton. That is where the 291 pupils are enrolled? Don't you use some other buildings there for classrooms ? Mr. Meritt. That is the principal classroom. Mr. Norton. Do you use two stories in this building ? Mr. Meritt. No ; one story. Mr. Snyder. As a general proposition I would favor it, but I think we have so many other large matters coming before this Congress that are of so much greater importance that we ought to waive matters of this kind if we possibly can. Mr. Gaxdy. At this point, then, I want to say that there are a great many more children on these reservations that are directly tributary to this school than there are school facilities for, and that this year the superintendent has been compelled to turn away pupils that were voluntarily seeking admission and no school facilities are provided for them. The Chairman. As I understand it, this is a nonreservation school, yet it is surrounded by reservations. Is that true ? Mr. Meritt. Yes, sir. Mr. Norton. How many Indian children ol school age are there in South Dakota ? Mr. Meritt. There are 5,886 children of school ago in South Dakota. Mr. Carter. You have a document showing that, haven't you? Mr. Meritt. Yes, sir. It is shown in the annual report of the Cummissioner of Indian Affairs. Mr. Snyder. I have no doubt that what has been said about the school and about the children being unable to get into that school is true, but it is a fact, according to the newspaper reports, that situ- ations of that kind prevail in the city of New York. Pupils are clamoring to get into the schools, ancf there is no place for them. Mr. Hayden. It seems to me that a city like New York by all means ought to find money some way to provide for school facilities for the children there, and we ought to provide for the Indian children that want to go to school. 'The difficulty in the Indian Service has been that it is hard to get the children to go to school. It is only in late years that they are willing to send the children to school, and they ought not to be turned away now. Mr. Snyder. It does not seem possible to me that a condition woiild exist there where you have such a large plant, that it would be impossible to take in any more pupils. Mr. Gandy. The total number of buildings includes horse barns, dairy barns, and all the other buildings there. And with relation to school facilities it is well to bear in mind that this Government is under treaty obligations with these Indians to provide school facili- ties for all of them; and while this wiU help, it wiU not provide school facilities for all the children in South Dakota. 86 INDIAN APPKOPEIATION BILL, 1917. Mr. Cartee. Is there a hospital at that school ? Mr. Gandy. There is a school hospital, yes. Mr. Norton. How many school children are there in South Dakota ? Mr. Meritt. There are 5,886 children of school age in South Dakota. Mr. Norton. What census is that ? Mr. Meritt. This is the Report of the Commissioner of Indian Affairs for 1915. Mr. Norton. And there are 5,886 Indian school children of school age? Mr. Meritt. Yes, sir. Mr. Norton. Now, what is the capacity of the Indian schools in the State, for school children ? Mr. Meritt. We have in all schools in that State 4,652. Mr. Norton. What is the total capacity of the schools ? Mr. Meritt. The total capacity of all Indian schools in that State is-3,789. Mr. Norton. The total capacity is 3,789. Then the number of school children exceeds the capacity of the schools there by 863. There are 863 more school children than there is capacity for them? Mr.- Meritt. Yes, sir. Mr. Norton. Have you any statistics showing the number of school children, Indian children, in the public schools ? Mr. Meritt. Yes, sir; we have in the public schools in South Dakota 652 Indian children. Mr. Norton. Then there are 1,445 Indian school children for which there is no school capacity supplied in the Indian schools and who are not in the public schools. Mr. Meritt. We have 711 in mission schools in South Dakota, 581 of whom have their tuition paid for out of tribal funds or treaty appropriations. Mr. Norton. And 3,789 in Indian schools? _ Mr. Meritt. Yes, sir. Out of that number 1,156 are in nonreserva- tion boarding schools, 973 in reservation boarding schools, and 1,160 in Government day schools. Mr. Norton. So there are over 1,200 not in any school, unprovided with school facilities, according to those figures ? Mr. Meritt. Yes, sir. The Chairman. They have Indian day schools on the reservations, do they not ? Mr. Meritt. Yes, sir. The Chairman. Can not those 1,200 be provided with accommoda* tions in their own day schools ? Mr. Meritt. We hope to get a larger number of Indian children in the pubhc schools by reason of the appropriation that we are asking for in this bill. We have asked that the Irniit of $20,000 be removed, and that we may be able to pay any amount we see fit out of the general school support appropriation for the paying of tuition in the pubhc schools of the country. The Chairman. Could you give us a list of the mission schools, the names and where they are located? Mr. Meritt. Yes, sir. The mission schools in South Dakota are shown by the following list : INDIAN APPEOPEIATION BILL, 1017. 87 Contract schools with the bureau of Catholic Indian Missions, fiscal year 1916. Name of school. Number of ' u'lils to L e con- tracted for. Trite. Cost rer ca ila per annum. Total amount of con- tract. Fund. Holy Rofary Mission, 225 280 20 50 6 Sioux S108 108 108 108 108 ?24,300 30, 240 2,160 5,400 648 Education, Sioux Nation, Soutli Dakota, 1916; in- terest on Sioux fund, f ine Hidge, education. Proceeds of Rosebud Res- ervation, S. Dak., act of Mar. 2, 1007 (statute); in- terest on Sioux fund, Foselrud, education. Educationof Sioux NaliDn, South Dakota, 1916. Education of Sioux Nation, South Dakota. Interest on Sioux fund. Lower Brule, education. l-ineRidee, S.Dai-. St. Francis Mission, Hoselud Reservation, S. Dak. Do Rosebud Sioux.... PtneRid£eSiou-x. Crow Creek Sioux. Lower BruleSioux. Immaculate Conception Mission, Orow Creek Reservation, S. Dak. Do. Total 581 62, 748 Mr. Ellsworth. Mi-. Meritt, I assume from the questions asked that the pupils from the State are confiaed to the schools of that State. Is that not true ? Mr. Meritt. Not necessarily so. We frequently enroll Indian children in nonreservation schools outside the State. Mr. Ellsworth. For instance, take Pipestone, Minn. Do they not have pupils from South Dakota at Pipestone, just over the hne ? Mr. Meritt. Yes, sir. Mr. Ellsworth. And do they not have pupils from Michigan in the Minnesota schools ? Mr. Meritt. A few; not many. Mr. Ellsworth. And do they not have some from Kansas ? Mr. Meritt. I would say that there would be very few from Kansas. Mr. Ellsworth. Do they not have some from Nebraska ? Mr. Meritt. Possibly there might be a few from the reservations immediately adjoining the nonreservation schools. Mr. Ellsworth. But they are not entirely confined to the State in which the school is located ? Mr. Meritt. No, sir. For example, we fiU Carlisle from the reser- vations all over the United States. Mr. Snyder. Then, Mr. Meritt, the fact that there are 1,200 pupils still out of school in that locality is not due to the fact that there are no further accommodations for them in the State or in that section ? It is not whoUy due to that ? Mr. Meritt. We have not sufficient accommodations to provide for all the Indians of the United States. There are between 8,000 and 10,000 children now without school facilities. Mr. Snyder. I am speaking of this particular locality. Mr. Meritt. I doubt if we have sufficient capacity for all the children in that State. Mr. Snyder. If you had capacity for all of them, they would not all be in schools, would they ? Mr. Meritt. No, sir; because it is difficult to get some Indian children to attend school regularly. 88 INDTAA' APJ'liOPElATION BILL, 1U17. Mr. Norton. Is this not true, Mr. Meritt, as j^ou have stated, it is very difficult to get a large number of Indian children in .any school ; nevertheless, when you do not have close to the reservation school capacity sufficient for them — or school room — it makes that diffi- culty greater, and there is no disposition upon the part of the school officials to make search for those pupils who of their own inclination desire to stay out of school, and to encourage them to enter some school ? Mr. Meritt. That is true. Mr. Snyder. Then the compulsory education law does not apply to that section ? Mr. Meritt. Not so far as Indian children are concerned. Mr. Ellsworth. Mr. Meritt, you are familiar with the Pipestone country, are you not ? Mr. Meritt. Yes, sir. Mr. Ellsworth. And you are familiar with the buildings at the Pipestone School; you are acquainted with the conditions there? Mr. Meritt. Yes, sir. Ml-. Ellsworth. And is it true that if a small building, say to cost 110,000, were provided for a workshop) at the Pipestone Schooi, a very large addition in size could be provided in the way of dormi- tory rooms by changing and altering the present workshop building? Mr. Meritt. I think that is true. Mr. Ellsworth. And do you not think, as a matter of fact, Mr. Meritt, that it would be a practical plan to provide for some of these Indians who are not provided for in South Dakota at Pipestone? Do you know of any more practical plan than that ? Mr. Meritt. My view is that we should, wherever practicable, increase the capacity of these smaller nonreservation schools. By so doing we can lessen the cost per capita of maintaining those schools and materially increase the educational advantages and op- poriunities for the Indians. Mr. Ellsworth. Would you think that would be a practical plan at the Pipestone School, if that change was made ? Mr. Meritt. I wouJd like to study the situation carefully before committing myself finally on the proposition, Mr. Ellsworth. Mr. Ellsworth. I asked you because it occurred to me it would be the cheapest way to get added facilities for the dormitory and' increased capacity of the school that I know of. Mr. Meritt. I would be glad to look into that question, with a view to asking for an appropriation for it next year. Mr. Johnson. As a matter of fact, Mr. Meritt, if this building were built and the capacity of the school increased, you could fiU the school up to its capacity now without any trouble, with Indian children from the State of Montana, if they were given any facilities for education, could you not ? Mr. Meritt. There would be no trouble whatever in filling that school to its capacity, provided we got an appropriation for the increased capacity. Mr. Johnson. In other words, about 50 per cent of the Indian children in the State have no chance to secure an education. Mr. Meritt. If we can get an appropriation for 50 additional In- dian children at the Rapid Oity school, we can very readily increase the enrollment to 300. INDIAN APPEOPEIATION BILL, ldl"l. 89 Mr. Norton. I would like to say to the committee some of my own observations m regard to Indian schools and supplying school room lor Indian children. I have observed this, that in reservations where nonreservation school facilities are supplied, if the school room— or the school capacity— IS not full, there is an effort on the part of the superin- tendent in charge of that school to go out and hunt up the Indian children and get them to attend the school. On the other hand, if the school capacity is much less than the supply of pupils on the reservation, or the reservations adjoining, there is no effort made on the part of the superintendent to go out and hunt up the children. It is first come first served, and from my own personal experience I have seen several cases where children who were attending the Indian schools ran away, and the superintendent made no effort to get those particular children back, for this reason, as he stated, "We have more children in the school now than we can care for." If there was an adequate capacity furnished in the school those children would have been brought back, and a great many other children that I know of in the particular reservation I have in mind, would have been hunted up by the superintendent and brought in to the school and given scholastic training. Now, that is all there is to the question. If you do not supply school capacity, the children do not receive school facilities. If you do supply it, a larger percentage of them are hunted up and induced — and where it is necessary compelled — to attend school. Mr. Hayden. Mr. Chairman, at this time I desire to insert in the record the amendment adopted by the committee relating to the con- struction of a diversion dam across the Gila Kiver above Florence, Ariz., and the report of the Department of the Interior favorably recommending this legislation. Page 26, after line 20, insert the following as separate paragraph: For beginning the construction by the Indian Service of a dam and necessary con- trolling works for diverting water from the Gila River at a site above Florence, Arizona, for the irrigation of Indian lands on the Gila River Indian Reservation and private and public lands in Pinal County, Arizona, as estimated by the board of Engineer officers of the United States Army in paragraph one hundred and thirty- eight of its report to the Secretary of War, of February fourteenth, nineteen hundred and fourteen (House Document numbered' seven hundred and ninety-one), 575,000, to remain available until expended, the total cost not to exceed 8175,000: Provided, That the water diverted from the Gila River by said dam shall be distributed by the Secretary of the Interior to the Indian lands of said reservation and to the private ^nd public lands in said county in accordance with the respective rights and priorities of such lands to the beneficial use of said water as may be determined by a court of competent jurisdiction: Provided further, That the construction charge for the actual cost of said dam and other works shall be divided pro rata by the Secretary of the Interior between the Indian lands and the public and private lands in said county in accordance with the area of land entitled to water, as decreed by said court, and said charge as fixed for said Indians lands shall be reimbursable as provided in sec- tion 2 of the act of August twenty-fourth, hineteen hundred and twelve (Thirty- seven Statutes at Large, pige five hundred and twenty-two), but the construction charge as fixed for the public and private lands in said county shall be paid by the owner or entryman in accordance with the terms of an act extending the period of pajonent under reclamation projects, approved August thirteenth, nineteen hun- dred and fourteen. 90 INDIAN APPEOPRIATION BILL, 1911. The Secretary's report is as follows: Department of the Interior, Washington, Januarys, 1916. Mr Dear Mr. Stephens: I have received your communication of December 24, 1915, inclosing draft of a proposed amendment to the Indian appropriation bill providing for the construction of a dam and necessary controlling works for diverting water from the Gila River at a site above Florence, Ariz., for the irrigation of Indian lands on the Gila River Indian Reservation and public and private lands in Pinal County, Ariz., as estimated by the board of Engineer officers of the United States Army (H, Doc. 791, 63d Cong., 2d sess.), and appropriating $100,000 for beginning the construction; total cost not to exceed $175,000. The proposed work is being studied, and it is found that certain information from the field will be necessary. Upon its receipt I will take pleasure in advising you of my conclusions. Cordially, yours, Franklin K. Lane, Hon. John H. Stephens, Chairman Committee on Indian Affairs, House of Repreentatives. Department of the Interior, Washington, January 21, 1916. My Deae Mr. Stephens: Further consideration has been given the draft of an amendment intended to be made to the Indian appropriation bill, for the construction of a dam across the Gila River above Florence, Ariz., referred with your letter of December 24, 1915, requesting the views of this department thereon. The proposed work meets the approval of this department. The provisions under which the money is to be expended relating to the control of the works, the water to be diverted thereby, and the reimbursement to the United States thereof by the owners of lands irrigable thereunder, seem to provide satisfactorily for the management and financing of the project. In order that there may be no question of the supervision of the construction of this dam it is recommended that the words "by the Indian Service" be inserted in line 1, after the word "construction." The amount proposed to be appropriated is $100,000, which is only part of the total cost of $175,000. For a structure of this kind it is believed that serious risk would be run in attempting to build only part of it, owing to the danger from floods and the shifting channels of the Gila River. It is therefore recommended that the amount to be appropriated be increased to $175,000, and that the item be amended by striking out the figures "$175,000" and substituting therefor the words "said sum" (line 13). This change would make it necessary to strike out the word "beginning" in the first line. The second page of the proposed amendment contains a reference to the act of August 24, 1914, as the act under which reimbursement by the Indians of their pro- portionate cost of the project is to be made. This is apparently a typographical error, as no doubt the act of August 24, 1912, is intended. A similar item which was included in the bill H. R. 20150, Sixty-third Congress, second session, was the subject of my report of January 28, 1915, a copy of which is inclosed and which has been printed in the hearings before the Committee on Indian Affairs of the United States Senate, volume 1, page 498 et seq. In addition to the information therein exhibited, the proposed work will benefit a large number of Indians on the Gila River Reservation, approximately 3,000, by pro- viding under existing conditions for the diversion of water to irrigate an area of over 20,000 acres of fine agricultural land on. the reservation. With storage provided, the area of land would be limited only by the available water supply. Cordially, yours, Franklin K. Lane, Secretary. Hon. John H. Stephens, Chairman Committee on Indian Affairs, House of Representatives. January 28, 1915. My Dear Senator Ashurst: I have received your communication of January 19, 1915, requesting report upon a proposed amendment to the Indian bill making an appropriation of $75,000 for beginning the construction of a dam and necessary con- INDIAN APPROPRIATION BILL, l&il. ' 91 trolling works for diverting water from the Gila RiA-er at a site above Florence Ariz and V.ri'l^tf l^^'i, • P-"*'', n""^ ^"""^ allotments on the Gila Ri^'er Indian Reservatioil th^ Twtn Jit ? , ""^^ ^'T'^^' ^' estimated by the Board of Engineer officers of ISISTCH. Dor79MJd Cont,Tsess°).*'^ '^"^*"^ °' '''''' ^'"^' ''' ^^'^^'^''^ This report describes the situation with regard to the diversion dam which it will rt.^r^T^""""^- *o construct m order to utilize the waters of the Gila River when the San t ajlos Dam is built. However, the usefulness of this diversion dam does not depend entirely upon the construction of the San Carlos Reservoir, because for many years Fll considei-able areas of land have been irrigated by diversion through various head- ings of the flood flow of the Gila River above Florence. To irrigate the lands of the Fima Indian Reservation upon the south side of the Gila Eiver at the upper or eastern end of the reservation will require the construction of such a dam in order to conserve the flow of the river to as great an extent as possible. The proposed site, about 12 miles above Florence, is at the mouth of a series of canyons through which the river news uninterruptedly from San Carlos, but from this point on the river course is through a broad flat valley with an immense river bed, consisting of broad deep deposits of silt and gravel. ^\Tien the flow of the river is low, and when, of course, water is most valuable, the stream disappears entirely soon after emerging from the mountains above rlorence. Aside from the use which the Indian reservation may eventually make of this di- versiondam, practically all of the landowners off the reservation who have been irri- gating in this vicinity may receive their supply of flood water from this point of The Gila River has just experienced one of the most disastrous floods in its history, and all the headings of the various canals above Florence have been washed away, and the earth covering through which these canals ran has been entirely removed, so that these channels can not be again constructed. The superintendent of the reservation reports also that at least one canal heading for the Indian reservation, on the south side of the nver, is washed out, and the large canal, known as the Little Gila, has been very badly damaged . The land which this canal supplies with water could be reached from channels heading at the diversion dam which it is proposed to build, and when 80 supplied would be past all danger of future damage or destruction. The white owners who have suffered by the recent floods might possibly secure means of constructLrig a dam at the point mentioned, thus insuring to themselves immunity from a, recurring flood, but it night be necessary for the Government to oppose such a step in order to protect the water right now claimed for the Indians. _ While there is no doubt but that, as a matter of law, the Pima Indians have a prior right to the waters of the Gila Eiver as against all other appropriators on that stream, yet they have not been recei^ ing a sufficient quantity of water to irrigate their lands for lack of the physical means of obtaining the same. The construction of a diversion dam at this point will give the Indians an advantage of location that they have not hereto fore enjoyed, because the Government of the United States will thus actually control the only feasible po^nt where the waters of the Gila may be diverted. The Indians are entitled to control this strategic position in order to adequately preserve and perpetuate the Government's claim to water in their behalf, and for this reason alone, whether the San Carlos Reservoir is ever constructed or not, this appropriation is amply justified. The cost of the diversion dam itself is estimated by the board of Army engineers as $150,000, and an additional item of $25,000 should be included in order to ma^e the necespary excavation through the rock heading, so that connection may be made with the present canal systems of the Florence district. The site of the projiosed diversion is an ideal one compared with others along the Gila Eiver, as on both sides of the river are massive outcroppings of rock. The river bed is comparatively narrow and confined between hills to this one channel, and a railroad upon which to bring in supplies and materials parallels the river at this point, so that the cost would be the minimum for such work.' The railroad track is high enough above the river so that no interference with its operation will result even after the dam is built. The dam will not be high enough for storage purposes, but simply a low weir a few feet above the normal surface of the river, so that water may be properly diverted into the canal, and that all of the flow at the low stages, when the water is most valuable, and which occur for long periods, may be available. It is recommended that the proposed amendment receive favorable consideration by ■Congress. Cordially, your.s, Franklin K. Lane. Hon. H. F. AsHURST, Chairman Committee on Indian Affairs, United States Senate. 92 INDIAIv"^ APPBOPmATION BILL, 1917. The Chairman. Mr. Mondell, will you please state what section of the bill, or page of the bill, your items are on — the items that you desire to be heard on ? STATEMENT OF HON. F. W. MONDELL, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF WYOMING. Mr. Mondell. The Wyoming items, Mr. Chairman, at the very end of the bill, page 84. Mr. Chairman, I first want to call the attention of the committee, if I may, to an entirely new item, and I want to say this in regard to it, that I think it is an item that I should not have been called upon to appear before this committee in regard to. The committee should not have been called upon to hear me in regard to it, because it is a matter of administration and procedure that the Indian Office should have taken care of — that they should have taken care of several years ago. It is a claim of one of the employees of the department, which was disallowed by the auditor. Payment was made to him, and the account was disallowed by the auditor, and while commis- sioners and Secretaries have all agreed that the amount was due this officer, they have never submitted the matter for payment. The Chairman. Have you a separate bill for this? Mr. Mondell. Yes; I have, and T have also the language sug- gested by the Secretary of the Interior: For payment of salary and expenses of Joseph H. Norris as supervisor of Indian Bcliools, October 21 to November 11, inclusive, 1912, 1256.79. This all occurred in 1912. Mr. Norris had for a long time been employed by the Indian Office as an inspector, and he was in August of that year appointed supervisor of the Indian school at Wind River, Wyo. Mr. Norris had been for years an employee of the office, was well acquainted with the work of the office, and the commissioner concluded that before he sent him to take up his work in Wyoming he would have him look after some matters then under consideration at various points by the Indian Office. With a view of having him look after those matters he was appointed an inspector, and he con- tinued on this work for a couple of months, travelmg about at con- siderable expense. In due time he was paid, but his accounts were disallowed to the extent named in the item, $256.79. There is quite a report from the Secretary of the Interior about it, and it winds up with this paragraph: During the period Mr. Norris was carried as supervisor. of Indian schools he was •acting under instructions of the Indian Office and the department, and it is believed that he is justly entitled to reimbursement for the amount in question. If the Committee on Indian Affairs inserts the item, the following language is con- sidered appropriate: "For payment of salary and expenses of Joseph H. Norris as supervisor of Indian schools October twenty-first to November eleventh, inclusive, nineteen hundred and ■twelve, $256.79." Now, Mr. Norris happens to be on a reservation in my State, and it is for that reason that I bring it to the attention of the committee. But really it is a matter that the Indian Office ought to have taken care of long ago. There is no question about Mr. Norris having earned this money, there is no question about his being entitled to it, but the auditor saw fit to disallow this amount. INDIAN APPKOPEIATION BILL, 1917. 93 Mr. Carter. On what grounds? Mr. MoNDELL. It was claimed that Mr. Norris had not taken the oath of office, and, further, the payment was disallowed because it was claimed he was not performmg the duties of supervisor during the period in question. You understand, he was under oath as inspector, then he was appointed superintendent and was under oath as superintendent, and then he was appointed to this other position in order that he might do this work for the office in the interval before he went to the reservation; and it seems that he failed to take the oath for that particular office, and therefore, legally, the amount was probably properly disallowed. The Secretary says in this report : The payment was disallowed by the Auditor for the Interior Department on the grounds that Mr. Norris had not taken the oath of office as supervisor and was not performing the duties of supervisor during the period in question. Of course, he was performing the duties the department gave him to perform. It was not a matter of option with him. He did what they sent him to do, and he did it very acceptably. A number of the mem- bers of this committee know Mr. Norris, and they know that he is an employee in whom the commissioner had a great deal of confidence, and the commissioner sent him to do this special work, which they felt was important. The Chairman. Is he still in the service ? Mr. MoNDELL. He is stiU at the Indian reservation in Wyoming, the Shoshone Reservation. Mr. Carter. I think you should introduce a bill for that proposi- tion, send it to the department, and get a direct report from the department, and then perhaps by the time a bill would get to the Senate we would at least be able to report upon it from this com- mittee. , 1 • Mr. MoNDELL. Now, Mr. Chairman, I want to talk to you about this matter on page 85 of the bill, line 15, this matter of roads and bridges in the Wind River Reservation. I would like first to have Mr. Meritt make a brief statement to the committee regarding thet claim of Mr. Norris. Mx Meritt. Mr. Chairman, we recognize that this claim of Supt. Norris is a just one. The amount is only $256.79. Mr. Mondell has given the facts in the case, and those facts are set out in a report of the Secretary of the Interior, dated January 6, 1916, making a report on H R. 1974. I wiU be glad to have this included m the record. The reason why we did not include this item in our estimate was because we are famihar with the wishes of the House— the members of the House and Senate Committees on Indian Affairs, that all small claims be eliminated from the biU. We recognized thejustnessof the claim, and we knew if we left it out of the estimates that Mr. Mondell would take care of it in the House. , , . „ The Chairman. What is the amount asked tor t , , , , Mr. Meritt. The claim amounts to $256.79. I will be glad to have this report included in the record. The Chairman. It may go m at this point. (The paper referred to follows:) 9i INDIAN APPfiOPKIATION BILL, lUH. Department of the Interior, Washington, January 6, 1916. My Dear Mr. Mondell: I have your letter of December 16, 1915, addressed to the Oommissioner of Indian Affairs, inclosing copy of H. R. 1974, introduced by you, pro- viding for the payment of 1256.79 to Joseph H. Norris as salary and expenses as super- visor of Indian schools in the interim between the date of the termination of his services as United States Indian inspector and his entrance on duty as superintendent of the Shoshone Indian school, Wyoming. Mr. Norris was appointed superintendent of the Shoshone Indian school on August 7, 1912. At that time he was carried as inspector in the Interior Department and it was necessary for him to complete certain work in connection with Indian matters before entering on duty as superintendent of that school, and on October 21, 1912, he was appointed supervisor of Indian schools at a salary of 12,500 a year, with actual necessary traveling expenses, including sleeping-car fare and incidentals and a per diem of $4 in lieu of subsistence, the same compensation he received as inspector, and entered on duty as supervisor on that date, but it appears that he failed to subscribe to the oath of' office. Mr. Norris remained in Washington from October 21 to 28 in consultation with various officers and employees of the Indian Office in regard to reports and investigations he had made concerning conditions on certain Indian reservations. On October 28 he proceeded, under instructions of the Oommissioner of Indian Affairs, to the Shoshone school and assumed charge as superintendent on November 12. Mr. Norris submitted a claim for salary and expenses from October 21 to November 11, the period he was carried as supervisor of Indian schools. The claim was paid by George W. Evans, chief disbursing clerk for the Interior Department. The payment was disallowed by the Auditor for the Interior Department on the grounds that Mr. Norris had not taken the oath of office as supervisor and was not performing the duties of supervisor during the period in question. Mr. Norris reimbursed Mr. Evans from personal funds, and on April 29, 1914, he appealed to the Comptroller of the Treasm-y for a review of the auditor's action in making this disallowance. The comptroller dismissed the case on the grounds that Mr. Norris coiild not enter an appeal as the amount was disallowed in the accounts of Mr. Evans. During the period Mr. Norris was carried as supervisor of Indian schools he was acting under instructions of the Indian Office and the department, and it is believed that he is justly entitled to reimbursement for the amount in question. _ If the Committee on Indian Affairs inserts the item, the following language is con- sidered appropriate: "For payment of salary and expenses of Joseph H. Norris as supervisor of Indian schools, October twenty-first to November eleventh, inclusive, nineteen hundred and twelve, $256.79." Cordially, yours, Franklin K. Lane. Hon. F. W. Mondell, House of Representatives. Mr. Mondell. Now, Mr. Chairman, I want to call the attentioQ of the committee, if I may, for a moment to the item of $10,000 for the work of constructing roads and bridges within the diminished Shoshone or Wind River Reservation. I have introduced a bill, and I have been in hopes that the com- mittee would increase that item to $25,000. We began the work of constructing roads and bridges on this reservation some three or four years ago, first with an appropriation of $10,000, then with an appro- priation of $25,000. The money has all been spent— last year's appropriation wiU be spent, except about $3,000, wiich the superin- tendent in his report says he is holding for work next spring, after the spring thaws, in order to put the roads in fairly passable condi- tion. But he wiU have no money next spring for the continuation of this work. The superintendent asked for $25,000, but unfortu- nately that estimate of $25,000 did not reach the department, as is set forth in the statement which was made by Mr. Meritt at the regular hearings, until the 15th of October— until their estimates had been sent in — and in that situation of affairs, not being fully informed INDIAN APPEOPEIATION BILL, 1917. 95 in regard to the matter, they made an estimate of $10,000 rather than more. That estimate was made not on full information, but simply from their general knowledge of the situation, and the detailed information as to the necessity of the situation came in later. Let me again call the attention of the committee to the situation on this reservation. This diminished reservation contains nearly 1,000,000 acres. It lies in the shape of a, flatiron, running to a point at one trnd and widening out to 35 miles at the other, and is 45 miles in length and across it are the main highways of travel in that part of the State. The reservation is bounded on both sides by consider- able rivers. Those rivers have been bridged in several places by the county in which it lies, at a cost of about S70,000. The county roads go right up to the leservation on all sides, and the bridges to the reservation have all buen built by the county. Now, in that condi- tion of affairs, with Indians scattered all over the reservation, farm- ing here and there, hither and yon, and the necessity of good roads for them to get up into the timbered part of their reservation, where they get timber, a good system of roads is absolutely essential; primarily for the Indians, but also in view of the fact that the roads which the Indians use on the outside are in good condition, and these are highways of general travel. We have not asked the Indian Office — and we are not intending to^to connect this reservation with the surrounding countrv by bridges. Those expensive bridges have been built and will be maintained by the counties. Mr. Hayden. Is any money appropriated here for road work reim- bursed to the Treasury? Mr. MoNDELL. It is all reimbursable. There is a reimbursement of about $30,000 a year coming from land leases on the ceded lands. There would be a very much larger immediate reimbursement except for the fact that the ceded lands of approximately a million and a quarter acres, which were to have been sold after a certain lapse of time, have not been sold, because the Indian Office has not felt that the provision of the law relative to sale was mandatory. Some of us have thought otherwise, but the Indian Office has taken the position that the provision of law relative to sales was not mandatory, and therefore they have declined to make sales. Of course if those sales were made, a very considerabJe amount of money would come in, but in the meantime the office is withholding the lauds from sale and entry. Mr. Hayden. Are they withholding them for a higher price ? Mr. MoNDELL. They are withholding them, I think, with the idea that later they will bring a higher price, and in the meantime they are getting about $30,000 a je&r from leases. Mr. CAjiTEK. How much land is being held that way ? Mr. MoNDELL. There is appioximately a million acres. Is that not true, Mr. Meritt ? Mr. Meritt. About a mdlion acres; yes, sir. Mr. MoNDELL. There is something upward of a million acres. Mr. Carter. How much have the Indians been allotted 1 Mr. MoNUBLL. The Indians have a few allotments on the ceded lands to which I refer. The Indians are practically all — except a little fringe along the river — on the diminished reserve. Mr. Carter. Is this 'land all in one countv? 96 INDIAN APPBOPEIATION BILL, 1917. Mr. MoxDELL. The reservation is all m one county. Mr. Carteb. a million acres in one county. Mr. MoNDELL. Yes; the reservation and the ceded lands are all in one county. That is another feature of the situation that makes road building burdensome. Therie is not only the reservation lands, but upward of a million acres of the ceded land in a compact body, over which we build roads, and no part of which we tax. Mr. Carter. How much land is embraced in this county ? Mr. MoNDELL. Well, I presume the county altogether contains about 4,500,000 acres, and probably about a half of it is Indian land. Mr. Carter. Two million acres of it is nontaxable ? Mr. MoNBELL. Yes. The Chairman. Have the Indians asked for this appropriation? Mr. MoNDELL. The Indians provided in their treaty for these ex- penditures. The Chairman. Out of their funds ? I see this is reimbursable out of the funds now on hand or hereafter to be acquired. Mr. MoNDELL. Yes; from funds now on hand or that may be obtained. Nearly all this expenditure is by Indian labor. You notice the statement made by the superintendent, which is in your hearings, the major portion of this expenditure is for labor, and it is practically all Indian labor. Mr. Carter. Now, you can help us out a good deal if you will cite to us the treaty provisions of which you spoke. Mr. MoNDELL. It is in the treaty of cession of the reservation — of the north half of the reservation. I was on the reservation last fail and met a large number of the Indians. The Indians are very anxious to have this work go on. First, because the good roads enable them to get to their farms that are out at a distance from the center of the reservation and to the timber; second, it gives them employment during the slack time when there is nothing to do on the farms. And they are developing into quite expert road makers. I never saw better work done by a road gang anywhere than was being done by their road gangs, where nearly every man in the gang, except the feUow having the job of holding the plow, was an Indian. The foreman and all of the team- sters were Indians. Mr. Carter. The man at the plow was an Irishman, wasn't he ? Mr. Mondell. I presume so, Irish-American, if we may use the hyphen at this time. The Chairman. This provides for roads and bridges. How many bridges do you suppose they will build ? Mr. Mondell. They have built bridges across the irrigating ditches and small streams. This is a reservation that is wonderfully watered, and there are a number of creeks running across the reser- vation—small creeks — that are bridged in the building of these roads. But the large bridges spanning the rivers that l)Ound the reservation have been built by the county. The Chairman. They would probably be called culverts, would they? Mr. Mondell. They are, some of them, larger than culverts. Some of the bridges are of considerable size. They are across creeks whoUy on the reservation. • INDIAN APPEOPKIATION BILL, 191'7. 97 Mr. Carter. They are mostly small bridges, though ? Mr. MoNDBLL. Yes; mostly small bridges. The Chairman. The reason I asked this question here is that we hav<^ from Indian reservations numerous requests to build bridges, and we are not disposed to do that. Mr. MoNDELL. Why, you have numerous requests to buUd bridges connecting reservations with outside territory. I am not suggesting that it is not proper to do that sometimes, but I want to say that- in this case we have never asked that. The county has gone to very great expense in building good steels bridges connecting the reserva- tion with the country on either side, and it has been an expense up to date three or four times greater than all the money you have spent on the Indian reservation altogether — just the bridges alone that con- nect the reservation with the surrounding country. The Chairman. The fact that the Indians get the benefit of it without paying anything in taxes on their lands of course appeals to you. Now $25,000 was expended last year, and this year $10,000 is appropriated. I would like to know the reason for that reduction. Mr. MoNDELL. As stated in the hearings, the department did not have full information on which to base an estimate. They heard from the superintendent with a request for $25,000 too late. The Chairman. Mr. Meritt, would you be wUling to take this mat- ter up and revise the estimate ? Mr. Meritt. That would be impracticable at this late day, Mr. Chairman. Mr. Hatden. He has already revised the estimate in the hearings here, in the last paragraph of the justification, page 491. He states that only $15,000 was estimated for use during the fiscal year 1915, but $25,000 became available under the above resolution mentioned, continuing the appropriations of the Indian Service for the fiscal year 1915. Now "in view of the fact that this amount was $10,000 in excess of the estimate and, further, on account of the fact that the report ot the superintendent recommending an appropriation of $25,000 for 1917 was not received until the estimate had been com- pleted, only $10,000 has been requested," The Chairman. Then it would be your view that you ought to have the same amount you had last year, from the laaguage you have used here in the justification ? • ■ j- ».„r ^^/^ Mr. Meritt. We would be glad to have an appropriation ot $25,000. It could be used to advantage. The reports on the roads on this reservation show that it will require about $110,000 to complete them as originally planned. Congress has appropriated already $50,000, and we can use to advantage the entire appropriation of $25,000 for the next fiscal year. The Chairman. I thmk, gentlemen, we understand it now. Mr. MoNDELL. Now, Mr. Chairman, if I may discuss for a mo- Mr Haydbn (interposing). I want to ask you about the item immediately above this one, beginning with hne 8, $50,000 lor con- tinuing the work of constructing an irrigation system withm the diminished Shoshone or Wind River Reservation m Wyoming, includ- ing the operation and maintenance of completed canals, etc. 2.5135— PT 2—16 7 98 INDIAN APPKOPBIATION BILL, 1917. Mr. MoNDELL. That is a matter that I want to take up, and what I should like to have the committee do, Mr. Chairman, is to make that about $250,000 instead of $50,000. I am modest. These are aU reimbursable and treaty items. The Chairman. I would hke to inquire whether the Indians have asked for that ? Mr. Norton. What are they reimbursable out of ? Mr. MoNDELL. These Indians own about a million and a quarter acres of land that have been ceded, in the conditional way that we now cede land, but the Indian Office declines to either allow them to be entered or sold, but is leasing theni and getting about $30,000 a year out of the leases; and their opinion seems to be — and I am not quarreling with the Indian Office, although I have laj own view as to the law — that if they hold this land for a time they will not only get these revenues but eventually the lands wiU bring more money than they would now. Mr. Hayden. What would they get an acre for those lands now? Mr. MoNDELL. Some of them they could get very little for, prob- ably not over a dollar an acre, if they would bring that. Some of the lands would bring perhaps $2 or $3 or $4 an acre, but none of them would bring a large price, except that some of them are mineral lands, coal, and oil, enterable under the mineral laws, and, of course, they would bring a considerably larger sum if entered. So far there has been very little effort to enter them on account of the abundance of mineral outside. Mr. Hayden. If the land has an average value of about $2 an acre these Indians ultimately will have $2,000,000 to their credit? Mr. MoNDELL. Yes; I think so. Besides that, these Indians have a reservation of 780,000 acres, of which at least 70,000 or 80,000 acres is irrigable, and they have got an irrigation system worth a million dollars at least, and their lands are among the best in our State. Mr. Carter. How much has been paid out — spent on this system? Mr. MoNDELL. $666,000, if my memory serves me right, is the last statement, I think. Mr. Carter. Have there been any reimbursements yet ? Mr. MoNDELL. Yes; when the lands were first opened, something Uke 60,000 or 70,000 acres, as I recollect it, were entered under the homestead law — perhaps more — and those were aU paid for at a dollar or a dollar and fifty cents an acre. Mr. Carter. It went to reimburse this fund ? Mr. Mondell. I assume so. These Indians have abundant resources to reimburse the Government for all these expenditures. Mr. Norton. You say these Indians have Mr. Mondell (interposing). They have abundant resources. Mr. Norton. You say they have an irrigation project worth a million dollars leased? Mr. Mondell. I said a million dollars at least. Mr. Dill. What Indians are these ? Mr. Mondell. Shoshones and Arapahoes. The two tribes occupy the same reservation. The two tribes, are developing in peace and harmony and amity; and last fall when I spent some time on the reservation going over the roads and going over the irrigation projects I found they were getting along splendidly together. INDIAN APPROPRIATION BILL, lOlT. 99 The Chairman. Do they have different reservations ? Is the reser- vation divided ? Mr. MoNDELL. It is all one reservation, but the tribes are separated. That is, the Arapahoes occupy mostly the eastern end, and the Shoshones the western end, although in the northern portion of the reservation and around the agency the tribes are considerably mixed. Mr. Norton. Does the gentleman know approximately how much was paid out by the Indian Bureau last year for civilization and sup- port and how much for per capita payments? Mr. MoNDELL. There were no per capita payments made to these Indians, so far as I know. Mr. Norton. The fiscal report for the year ending June 30, 1915, shows that there was paid to the Shoshones and Arapahoes $270 per capita. That is on page 16 of the fiscal report for the year endmg June 30, 1915. There was paid out for support and civilization 1120,665.77. There was practically nothing paid out per capita last year, that is true. \ Mr. MoNDELL. There were no per capita payments, so far as I know. These Indians are "self -supporting. We make appropria- tions, is it true, for their education and for the general expenditures around the agencies, but otherwise the Indians are entirely self-sup- porting. The Chairman. What proportion of them vote and are citizens ? Mr. Mondell. Well, I really do not know. I think comparatively few of them vote, but I do not know what percentage. Mr. Sntber. You personally have been over this reservation last summer ? Mr. Mondell. I spent some time there. Mr. Snyder. And you are satisfied that these Indians require this assistance with reference to this irrigation and road scheme ? Mr. Mondell. There is not question about it at all. Mr. Snyder. You think they could not only use $50,000 to good advantage but they could use more? Mr. Mondell. Now, let me explain that to the committee. • Here is this wedge-shaped reservation coming down to a point at the junction of the two rivers, the Big and Little Wind Rivers, and then widening out as the rivers diverge toward the mountain. These rivers furnish a large amoimt of water for irrigation, as do the smaller streams within this wedge-shaped reservation. There are not only these two streams that are boundaries of the reservation but running right through the center and splitting it in two is another consid- erable stream, the Little Wind River. Nearly 20 years ago we took up the work of irrigating these lands, but the ditches were more easily constructed from the Little Wind River, which runs through the center of the reservation, so most of the work was started on a system lying south of the Little Wind River, and on that system in the m.ain we have spent over half a million doUars. The Chairman. What is that, Indians' money or a gratuity ? Mr. Mondell. Jt is all reimbursable. North of the Little Wind River, that splits the reservation, is the Big Wind River, and from the Big Wind River they started a canal, years ago, the Drv Creek Bench Canal, which is about two-thirds completed. They "also started what is known as the Big Wind River ditch, but after the department got to work on this irrigation system 100 INDIAN APPEOPE.LA.TION BILL, 1917. they concluded it was advisable to do most of the work on the sys- tem south of the Little Wind River, because that was nearest the agency, nearest the school, and most get-at-able — cheapest to irrigate — and most of the work was done there. But up yonder on the Dry Creek Bench from the Big Wind River, where there were a lot of Indians, considerable work was done; but very little work was done on the Big Wind River ditch, the cost of which was originally esti- mated at $300,000, and the irrigable area 34,000 acres of land. Last fall or summer the irrigation engineer on the reservation asked the State to extend the Big Wind River ditch water right. The vState authorities called the attention of the Indian OflBce to the fact that the State had been keeping this water right alive for years, and suggested that if the State was to keep it alive — which it desired to do, and was anxious to do — there must be some effort on the part of the Indian Office to begin to apply the water to the land. Other- wise, other applicants for the water lower down and higher up would object that their rights were denied, because of a claim that was not utilized. The Big Wind River when it becomes the Big Horn runs into Montana — and Montana is pretty busy irrigating, and the stream, according to the decision of the United States Supreme Court, becomes Montana's water if they utihze it and we do not. Now the State of Wyoming desires to protect these water rights; I do not insist the committee shall take any action wholly on the theory that the water rights wiU lapse, because we propose to have these lands irrigated, and we propose to protect these water rights, but the State feels that after having waited so long, and other appli- cants asking for the water that it is hardly fair to the other applicants to keep standing them off while the Indian Office refuses to make any effort to irrigate these lands. Now, further than that of the 35,000 acres that this Big Wind River ditch wiU irrigate, I think about 30,000 acres of them are Indian allotments. They were allotted years ago, but those Indians have never been able to get on their lands because they can not occupy them until they are reclaimed. They live on the other side of the river 10 or 12 miles away and are working on other people's allotments, or not doing any farm work at all. The Chairman. Axe there any white settlers there ? Mr. MoNDELL. There have been some lands of deceased Indians sold in the last three or four years, and quite a few white settlers have entered on the reservation. The Chairman. What benefit would accrue to them bv reason of this ? ■' Mr. MoNDELL. No benefit would accrue to them by digging the Big Wind River ditch. The Chairman. I see you have an unexpended balance here of $6,000. Mr. MoNDELL. I was in the office of the irrigation engineer in October, and he said he had been delaying needed work because of the fact that he wanted to save some money for the spring, because in the spring they were certain to have trouble "with the ditches, and further he had been notified by the Indians and a few of these white settlers that have come in there and bought land, of new lands they proposed to irrigate in the spring, necessitating extensions of laterals. He said he needed every cent he could get and could spend INDIAN APPROPRIATION BILL, ml. 101 every cent he had, and he was purposely holding over some money for the spring. I tried to get the Indian Office to allot him 110,000 more. The gentlemen of the Indian Office pointed out to me that under the circumstances it would be impossible for them to advance more funds, and that was the end of it. Mr. Carter. When was it that this man made this statement to you? Mr. MoNDELL. Last October. Mr. Carter. Well, Mr. Stephens was referring to the total expen- ditures for the year 1915, last year. Mr. Mondell. Well, those were the expenditures — ^left over ex- penditures of the year before"? Mr. Cajrter. Yes. Mr. Mondell. Well, if there was anything left over it was simply in the development of the work. But he told me last fall that he did not have money enough; that he had not done all the work that he ought to have done, in order that he might save some money for next spring. As a matter of fact he did not save enough money to do all the work he thought would be necessary in the coming spring, because of the demands last summer. The Chairman. Do you have these huge rains out there that wash out the ditches, etc. — the canals, so that it is necessary to rebuild them at times? Mr. Mondell. This is not a country of unusual floods. The floods are not as sudden or disastrous as they are lower down the streams, because they are near the headwaters of the streams. These streams rise in the mountains within 40 or 50 miles of where the water is used. Mr. Carter. On June 30, 1915, there was an unexpended balance of $6,222. Mr. Mondell. Well, that unexpended balance has all been used. It is all used, and as a matter of fact they have practically nothing now. As I said a moment ago, I thought the $6,000 you referred to was an unexpended balance this last fall, but the engineer told me he would have no money at all left if he did the work he thought he ought to do, but that he was intending to save some money for spring work unless the Indian Office could give him some more money, which they could not do under the circumstances. Mr. Norton. May I just inquire when was this project started? Mr. Mondell. The project is all one, but it consists of a number of ditches. The project as a whole was started about 20 years ago. Mr. Norton. How much is under irrigation now ? Mr. Mondell. My recollection is that the department calls it 19,000 acres, approximately, out of the 40,000 acres under ditch. Mr. Norton. How much has been expended on the project so far? Mr. Mondell. I think it was $666,000. Mr. Norton. How much does it cost to operate the project each year ? Mr. Mondell. Well, I do not think I can give that. I think the cost of operation is small. Mr. Norton. Does the commissioner know ? Mr. Meritt. We have here $100,000 total cost of irrigation, opera- tion, maintenance, miscellaneous, repairs, and improvements. Mr. Mondell. We have only been spending $25,000 to $50,000 per annum in all of late — the whole work, building and maintenance. ];02 INDIAN APPEOPEIATION BILL, 1917. Mr. Sntdee. That does not seem to have much of a bearing on the cost of the distributing. Mr. Norton. You have an estimate here to the effect that it costs $100,000. Now, if it costs that, Mr. Meritt, it must have come out of some other appropriation, did it not ? Mr. Meritt. The project has cost altogether $666,000, and hereto- fore we have had larger appropriations which were available. Mr. Norton. Here is what I want to reach: How much is paid in by the Indians and whites each year on this project? How much was paid in last year, do you know ? Mr. Mondell. The Indians do the work of maintenance them- selves. There have been very few white settlers on the reservation — none until the last few years. Let me call the gentleman's attention to this fact, that the item that he refers to is the total item for maintenance, operation, and mis- cellaneous from the beginning. My understanding that includes those costs from the beginning — engineering, superintendence, main- tenance, and operation, etc. Mr. Norton. I would like to beheve that that was true, but I doubt that that is the correct statement. I will ask the commissioner^ to put in the record a statement of the cost of maintenance and operation of this project for the fiscal year ending June 30, 1915, and also a statement as to the receipts from the water users for the use of this project during the fiscal year ending July 1, 1915, so that the com- mittee may have that information in the record. IVIr. Meritt. The cost of operation and maintenance of the Sho- shone irrigation system for the fiscal year 1915 was $21,544.93, of which the maintenance costs were $15,801.65 and equipment for maintenance was $5,743.28. The total amount received from water users during the year 1915 was $746.46. With regard to the question whether the white lessees or Indians are pajdng for the operation and maintenance of this project, I would say that ofhce letter of January 20, 1912, approved by the department January 23, 1912, instructs the superintendent "to collect in advance from all lessees or white owners a maintenance charge of 60 cents per annum per acre for the full irrigable acreage of leased or owned land after the first year's lease or ownership." The funds used for mainte- nance costs are reimbursable. It will be noticed from the above quotation from the superin- tendent's instructions that the maintenance and operation charge on lands leased by or sold to white men is remitted for the first year. After that time, however, the tax becomes 60 cents per acre per annum, and there is no doubt but that this charge wUl be promptly met by the white lessees or purchasers. As indicated by the present cost of maintenance and operation, this amount will be sufficient to meet the expenses. In explanation of the small amount collected I would say that a large part of the lands leased to whites has been placed under culti- vation during the last year and therefore they were exempt from payment of operation and maintenance charges during that year. They are, however, liable for these charges after the first year. INDIAN APPROPRIATION BILL, 1917. 103 Now, I would like to ask the gentleman if he knows how much of this land that is under irrigation is being used up there by white set- tlers — white landowners ? Mr. MoNDELL. I should think perhaps 5 per cent. Mr. Norton. The record here shows that the acres farmed by whites is 4,579 out of the 19,000. That is considerably more than 5 per cent. Mr. MoNDELL. Well, if the gentleman had these figures, it was not necessary to inquire of me, because I made no effort to find out the difference between the two when I was up there. I saw that both whites and Indians were raising good crops, and frequently the In- dians had better crops than their white neighbors ; but in the main, over the territory that I went through, the country is very largely inhabited by Indian famihes. The Indian Office is making an effort to get all of what they call "dead" Indian land sold on that reser- vation, 1 presume because we realize that the only way to get the Indians to farm is to give them object lessons. I was greatly sur- f)rised when I went there last faU at the changed conditions in the ast two years, since we have got afew white settlers. We found Indians way off, 4 or 5 or 6 miles from where they had settled up to that time, and many of them had gone to those locahties because white settlers were there. It had been impossible up to that time to get them to leave the vicinity of the school and the agency and the centers and go out to these distant places. But the moment a white settler located and began to till the ground Indians became more inclined to move to their adjoining allotments. And the salvation of that situation is the sale, at a reasonable price, of the heirship lands, gradually get- ting white people scattered in among the Indians. Mr. Dill. Is not that the salvation of the Indian everywhere ? Mr. MoNDELL. I think so. Mr. Norton. Now, I want to have presented to the committee some facts here — I have every confidence in the gentleman's state- ment. On the showing of the Indian Bureau here last year it appears that 19,857 acres were actually irrigated. Of this amount, 6,760 acres were farmed by Indians, 4,579 acres were farmed by lessees, and 8,518 acres were farmed by white owners. So there is af considerable proportion of this land now under cultivation that is farmed by the whites. Now I also trust that the bureau will put in, that the committee may know who is paying for the maintenance and operation of the project, whether the whites and lessees and Indians or whether the maintenance and operation of the project is being paid out of the Indian's funds, to be reimbursed. Mr. MoNDELL. The total amount of money spent last year on this entire project was 125,000, and that covered everything, construction, extension, maintenance, and all; and that was the sum the year before. But as the Indians have come to farming more lands, very largely due to the influence of the few white settlers, there has been a very greatly increased demand for the extension of the ditches and the laterals, and the Indian Office asked for an increase this year from $25,000 to $50,000, taking the appropriation back to the sum that it was for quite a number of years, until it was reduced two years ago. Now what I would like to have the committee to do 104 INDIAN APPKOPRIATION BILL, 1917. would be to add enough to that $50,000 so that the ofFice can begin work on the Big Wind River ditch. I feel tht those Indians allotted under that ditch are entitled to consideration just as much as the Indians under the other system farther down; and I beUeve in justice to everybody. The Indian Office should not longer neglect to do something to justify the State authorities in maintaining their water right. The cost of the Big Wind Eiver ditch was originally estnnated at $10 an acre. The Secretary of the Interior in his report says — and his report is not favorable for three reasons. First, he said records of the survey of the old ditch had been burned. Second, that there was irrigated land on this reservation that was not now farmed. In answer to that let me say to you, that you will go through this whole record in vain to find Indian areas, under reclamation projects, where greatly more than 50 per cent of the land is actually being farmed. Third, that the money was needed elsewhere. I do not know as to that proposition, but I am sure we do need the money there. The Chairman. Has the Big Wind Eiver project ever been ap- proved by Congress? A proposition involving more than $30,000 to be expended on any project of that character for irrigation must first be approved by Congress. Now, as I understand it, there would be quite a large margin, and unless it has been approved by Congress — evidently this project has not been approved by Congress, and if not, it would be impossible to put it in this bill. Mr. MoNDELL. In a sense it may be true that no part of this project on which we have spent $666,000 has been approved by Congress, because I do not recall that there was a bill introduced and passed providing for the development of this irrigation work. We began to make appropriations for the irrigation of this Wind River Reserva- tion years ago under a treaty provision. The Chairman. Long before this $30,000 idea crept into the law. Mr. MoNDELL. And it has been for 20 years a work in progress, just as much as any item in your biU; so that not only the Big Wind River ditch, but all of the ditches, are works in progress. Now we have done very little, it is true, to the Big Wind River ditch. The Indian Office surveyed it and they did do some work near the head gates, but thtey have not of late years been doing much of anything to that particular work. But if you woidd increase the appropri- ation they could begin, and I think these allotted Indians who have been waiting 10 years for irrigation are entitled to consideration. I think the State, which has steadfastly maintained the rights, the water rights, is entitled to some consideration, and I am sure that these lands if irrigated — and they can be irrigated cheaply; the highest estimate that has been made is $14 an acre — that if they can be irrigated they will be farmed very speedily. Mr. Norton. Mr. Mondell, just a word. I find on page 178 of the report of the Commissioner of Indian Affairs for the fiscal year ending Jtme 30, 1915, it appears that during the fiscal year 1915 $49,757.38 was spent for construction on the Wyoming-Shoshone project, and that $22,263.37 was paid for maintenance. That equals the total cost of construction of this project up to June 30, 1915, of $711,269.78, exclusive of administration and special investigation cost of $182,516.25, and that the total cost of maintenance to June 30, 1915, was $82,953.75. INDIAN APPROPRIATION BILL, 1917. 105 Mr. MoNDELL. I am not familiar with the report from which the gentleman reads. _ Up to within the last two years, as I said, there have been few white men on the reservation, and there are few now, comparatively. Now, Mr. Chairman, if you will give me one minute more, I want to emphasize one matter which may be of some interest to the com- mittee. The Indian Office entered several years ago on a plan of selling the heirship lands on this reservation, I think, with some little hesitancy. I spent considerable time on the reservation last fall to satisfy myself how that plan was working out. 1 was surprised and pleased at the improvement in the conditions under which I found the Indians farming. I saw one Indian with 17 stacks, good stacks, of small grain on an allotment. I question if he woiJd have done it except for the fact that a white man had bought an 80-acre tract up in that region and started to farming. I found that true all over the reservation, that where the white men had started to farming the Indians had gone on to their allotments, surrounding the lands sold, and were improving their lands. I found further that down where the Indians have been farming in the past they were farming much better this year than before, and I think it is very largely due to the influence of those white settlers. The Chairman. We are very much obliged to you, Mr. Mondell. Mr. Hatden. I would like to ask permission to insert at this point a report from the department on the amendment which I offered. The Chairman. Very well. (Whereupon, at 11.45 a. m., the committee went into executive session.) y PRESENTED TO . BY _ / [j", P. KINNEY n IAN APPHOPRIATION BILL^nn ^^' ^*f HEARINGS BEFORE THE COMMITTEE ON INDIAN AFFAIRS OF THE HOUSE OF REPRESENTATIVES PART 3 ,^^ PRESENTED TO Hartwick College ONEONTA. N. Y. BY •■ \/ K p. KINNEY 4 V <^ i AUG 2 1958 WASHINGTON GOVERNMENT FEINTING OEFIOB 1U16 77 /?/■ COMMITTEE ON INDIAN AFFAIRS. SlXTY-FOtTBTH CONGEESS. JOHN H. STEPHENS, Chairman, Texas. CHARLES D. CARTER, Oklahoma. THOMAS P. 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, Florida. C. C. DILL, Washington. JOHN N. TILLMAN, Arkansas. HARRY L. GANDY, South Dakota. PHILIP P. CAMPBELL, Kansas. PATRICK D. NORTON, North Dakota. SAMUEL H. MILLER, Pennsylyania. S. WALLACE DEMPSBY, New York. HOMER P. SNYDER, New York. ROYAL C. JOHNSON, South Dakota. FRANKLIN F. ELLSWORTH, Minnesota. BENIGNO C. HERNANDEZ, New Mexico. JAMES WICKERSHAM, Alaska. JAME^ V. TowNSEND, Clerk. Paul N. HumpheeTj Assistant Clerk. INDIAN APPEOrRIATION BILL. House of Representatives, Committee on Indian Apfaies, Wednesday, January ^6, 1916. The committee met at 10 o'clock a. m., Hon. John H. Stephens (chairman) presiding. There were present before the committee Hon. Pat Harrison, a Representative in Congress from the State of Mississippi; Hon. Scott Ferris, a Representative in Congress from the State of Okla- homa; Hon. Joseph B. Thompson, a Representative in Congress from the State of Oklahoma ; and Hon. W. "W. Hastings, a Repre- sentative in Congress from the State of Oklahoma. The Chairman. Gentlemen, this is an adjourned meeting of the committee. We desire to complete this question as soon as possible, and the gentlemen who are present representing the two sides in the Mississippi Choctaw question will use the day. Do you wish to open the case,.Mr. Harrison? Mr. Harrison. Well, Mr. Chairman, of course we will do whatever the committee desires us to do in the matter. I did not expect to go into the matter fully, but if the committee desires me to do so, I can go into it fully. My only object in appearing before the com- mittee this morning was to discuss the per capita payment provision that is embodied in the appropriation bill. Mr. Caeter. Page 57 ? Mr. Harrison. Yes. And I wanted to be heard, partly out of courtesy, and also because we want that matter stricken out. If the committee wants to go into the whole Choctaw matter, of course I shall be very glad to do so. Mr. Carter. There are a great many new members of the commit- tee who have never heard this case before, and perhaps it would be a good idea for you to give your side of the question. STATEMENT OF HON. PAT HARRISON, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MISSISSIPPI. Mr. Harrison. Mr Chairman and gentlemen of the committee, of course this matter is not new to the gentlemen from Oklahoma sit- ting on the committee, nor to the chairman of this committee, nor Mr. Carter, nor to Mr. Campbell, but I see around me some new mem- bers of the committee, and I would say for their benefit that this Mississippi Choctaw matter has been before Congress for some time ; and for at least the last four years it has appeared at each recurring appropriation bill. 4 INDIAN APPEOPEIATION BILL, lOlT. The matter occurs in this way. As is proposed in this bill there is a per capita payment desired to be paid of $200 to each Choctaw now on the rolls of the tribe. We who come from Mississippi claim that this payment should not now be made, because there are certain differences that are existing between the Choctaw Indians m Missis- sippi and the Choctaw Nation in Oklahoma ; and until those ditter- encp^ are clearly determined, that if this money should be paid out the Government of the United States might be liable to the Indians in Mississippi; and we claim that in equity and in justice and m fair- ness these Mississippi Choctaws are entitled to be upon the rolls of the tribe, the same as are those Clioctaws in Oklahoma, and for that reason are entitled to share equally as much as they m the funds and property of the tribe. -r, • x -. doa Now, that contention is based on these facts. Prior to 1830 every Choctaw of Choctaw blood lived in south and central Mississippi. In 1820 the United States Government by treaty gave to the Choc- taw Nation— all of them were at that time in Mississippi— a large tract of land west of the Mississippi River, in Oklahoma. Those are the lands that they have owned and do now in part own. The Gov- ernment of the United States gave to the Choctaw Nation those lands under the treaty of 1820. They gave it to the Indians m Mississippi for 4,000,000 acres of lands of the Choctaw Nation, which thev owned in Mississippi. Ten years later, in 1830, there was another treaty, and around this treaty this discussion has hinged largely. It was in that treaty that the Government of the United States desired to move these Indians in Mississippi west into Oklahoma, but there was a; certain percentage of the Indians in Mississippi who did not want to leave Mississippi, and they could not come to a common understanding — the representatives of the Government and the Choctaw Nation — for the reason that those Indians in Mississippi who desired to stay in Mississippi would not enter into the agreement that they should leave Mississippi until there was inserted a certain provision in the treaty of 1830. That provision is known as article 14 of the treaty of 1830. That gave to the Mississippi Choctaw, as we contend, the right to stay in Mississippi, and by remaining in Mississippi he did not lose any of the privilege of a Choctaw citizen. Now, just to bring that matter more forcibly to you, I want to read that provision which could not have been inserted in the treaty of 1830 except to satisfy those Indians of the Choctaw Nation who wanted to remain in Mississippi. It says: Each Choctaw head of a family, being desirous to remain an17. 5 So, acting' under that provision, there were great hordes of these Indians who went into Oklahoma, although there were a large num- ber of them who stayed in Mississippi. Acting under that treaty the United States Gorernment sent an agent down to Mississippi, by the name of Ward, to allow those who desired to come under the provisions of article 14 to signify their intention to stay in Missis- sippi. And the fact is shown, and it is uncontroverted, and it will not be controverted by any gentlemen who will oppose this propo- sition ; it is conceded by the attorneys for the nation, and is conceded by every one that this man Ward went down into Mississippi and stayed there drunk and did not accept those people who came to him to signify their intention; that he would use certain de\'ices and plans to let these Indians signify their intention. For instance, sometimes handing them some sticks, and giving them a piece of paper. And in one instance it was shown that the paper signifying that some Indians then intended to come under article 1-t was after- wards used by him or some one else as shaving paper and torn up. So that was his action. It is not defended by anybody, and there were only 143, as the records show, that ever signified their in- tention to come under article 14 of the treaty of 1830. It was after- wards shown that there were 5,000 Indians in Mississippi at that time, showing that this man Ward did not do his duty at all. Mr. Campbell. What was the date of Ward's mission ? Mr. Harrison. I think it was about 1837 they went down there. I am not exactly sxire about that date, but is was along about the thirties. Mr. Thompson. You do not contend that the Mississippi Choctaws who went west had anything to do with Ward, do you ? Mr. Harrison. Absolutely not. This man Ward was a represen- tative of the Government. But it just shows that he did not carry out, on the part of the Government, the intentions of the Govern- ment. Now, following that up, the Government has tried, or did try all along through the years, to get these Mississippi Choctaws to move out of Mississippi and move west, but they did not want to go. They entered into this treaty with the express proviso that they did not have to go, and they wanted to stay in Mississippi. And it is in be- half of those who did remain in Mississippi and whose ancestors did receive a patent to lands under article 14, or were entitled to receive lands or a patent to lands under article 14, that we are here presenting this matter to you. Mr. Norton. Mr. Harrison, in order that I may get the matter straight in my mind, do you contend that the Mississippi Choctaws who remained in Mississippi, for one reason or another, were en- titled to any of the property of the Mississippi ChoctaM's— of the Choctaws in Oklahoma? Mr. Harrison. I do not think there is any doubt of it. Yes; 1 contend that. j. , t-v Mr. Norton. Then your interpretation of article 14 of the Dancing Eabbit treaty is that if they remained in Mississippi and received all that they were to receive under that article, or article 19, they still had an interest in the property of the Choctaws in Oklahoma ? Mr. Harrison. Absolutely. That is what article 14 means, accord- ing to our interpretation of it. 6 INDIAN APPEOPRIATION BILL, 1917. Mr. Norton. Have you any authority other than your own that that is the proper interpretation of it? Mr. Harrison. Well, I have this authority, that of a case that has been discussed quite a good deal, known as the Jack Amos case. That was decided by the Dawes Commission in 1897. The Dawes Commis- sion held — and I will elaborate on that shortly — the Dawes Commis- sion held that they did have to come to Oklahoma, and that case was iippealed from the Dawes Commission up to the territorial court, presided over by one Judge Clayton. That court had practically the same jurisdiction as the Federal district court, but it was a territorial court at that time. Judge Clayton said that they had to remove, and he based his reason on what was known as the Cherokee case, found in 117 U. S. Reports. Now, in an ex parte opinion rendered about the same time by Judge Townsend, who was on a court of like juris- diction, he held differently from that, and that opinion is found in the hearings before the subcommittee of last year on that proposition. In that connection, may I say, in a speech made by Mr. Ferris in the last Congress,- in the extension of his remarks I noticed in reading it over yesterday he contends that the United States Supreme Court passed on that proposition. Did I understand that correctly? Mr. Ferris. May I answer now? Mr. Harrison. If you will let me finish, then you can answer. Now the Supreme Court of the United States did not pass on that. It is conceded by the attorneys for the Nation that the United States Supreme Court did not pass on that question; but they expressly stated in their opinion — it is known as the Stevens case — that it was purely a question of jurisdiction that they decided, and they did not decide the merits of the case. The question of jurisdiction it decided was that Jack Amos had a right to appeal from the decision of the Dawes Commission to this Judge Clayton's court; I just say that in passing. But aside from that, Senator Owen, now representing Oklahoma in part in the Senate, representing certain Mississippi Choctaws and representmg them up to about 1'914— a splendid lawyer and a splen- did man— he filed a brief about 191.3 on this matter, and in that brief he stated this in part, speaking of the necessity of the Mississippi Choctaws to remove to the Territory — 0\Yeii and M'inton Diaintuin they sliould not remove at all unless they pleased. And you will find— and his brief is found in these hearings, in the remarks I made before the subcommitttee— you will find that Senator Owen always contended that these Indians did not have to remove to Oklahoma m order to share in the privileges of the tribe. Mr. Norton. You contend that he says there that they were not obliged to remove m order to have a share in the property? Mr. Harrison. We absolutely do. Mr. Norton. He made that contention appearing for whom? .^P^'^^^^^^- -Appearing for some Mississippi Choctaws, and you will find that in his brief. Mr. Norton. Of course. Mr. Harrison. Well, now, I will not condemn Senator Owen, be- cause I do not believe that he would take that position merely because he was representing them as attorney, but because he knew more about it than anybody else in the United States. I would not think INDIAN APPROPKIATION BILL, 1Q11. 7 that simply because he was paid he would testify to something that he did not beheve. And you will find all through this brief, Mr. Nor- ton, that he contended— and rightfully so— that they did not have to remove. Mr. Norton. Of course that is the contention of every attorney who appeared for the Mississippi Choctaws. Mr. Habeison. Well, under article 14 we think that that was with- out question a fair constuction. Of course people differ, and hon- estly differ, on legal questions. Mr. Carter. May I ask you a question there? When was Judge Townsend's decision rendered, that you spoke about ? Mr. Harrison. I quote it in this hearing. I did not bring a copy of that over here with me, but I think the Townsend decision was rendered in 1897 or 1898. Mr. Carter. Now, are you familiar with the and Minter decision ? Mr. Harrison. I am not familiar with it, but I understood that after he did hold differently from that. I have never seen that opinion. I understood in the hearing before that that was con- tended, that he had changed his opinion on it. But in that connec- tion let me state this, that when you read Judge Clayton's opinion, basing his reasoning on the Cherokee case, found in 117 U. S. Re- ports, you will find that in after years — after Judge Clayton decided that case-;— that the United States Supreme Court in 202 U. S. Re- ports decided in the Cherokee case along the line of reasoning that we produce here in support of the Mississippi Choctaws, and held that certain Cherokees that lived east, in North Carolina, who did not follow the tribe west, that they were entitled to share in a fund of $5,000,000 that was obtained for the sale of lands that they owned with the Cherokees who lived west. And if you read and reason from the decision you can but come to the conclusion that the Supreme Court of the United States was not inconsistent with any one of the views they expressed, and that we can base our rights on either one of those cases. Mr. Norton. Those cases are not analogous at all. Mr. Harrison. Now, I do not want to take issue with the gentle- man, but has the gentleman read either one of those cases? Mr. Norton. Yes ; I have read them very carefully. Mr. Harrison. I would like to enter into a discussion on that point, but I have only a few very few minUtes. I am just bringing these points up to show them to the committee because this is a con- troverted matter, and I do not expect the gentlemen from Oklahoma to agree with me, but I do expect that the other gentlemen of the committee, that any suggestions I make you will look into and see whether or not my assertions are true. Mr. Hamlin. Have you the Cherokee treaty convenient? Mr. Harrison. No ; I have not the Cherokee treaty here. Mr. Hamlin. On which that decision was made ? Mr. Harrison. No; and I did not bring the decision over here because I know I can not go into an analysis of those decisions in 40 or 50 minutes here, because there are so many different angles to this proposition, so you read 117 U. S. Reports of the Cherokee trust fund cases, and the one found in 202 U. S. Reports, and you 8 INDIAN APPROPRIATION BILL, 1917. ■will see our reasoning brought out by the reasoning in those cases. Mr. MtTKRAT. The treaty of 1820 was to make a grant of land west to the Choctaw Nation, was it not ? Mr. Harrison. That is true. Mr. Murray. And the treaty of 1830 was to effect their removal west, was it not ? Mr. Harrison. The treaty of 1820 without question gave the lands in Oklahoma to the Choctaw Nation, and the prime purpose of the treaty of 1830 was to remove the Choctaws west, but that treaty would not have been entered into — and that is admitted by the at- torneys for the Choctaw Nation — if it had not been for the insertion of article 14, giving the Mississippi Choctaws who wanted to remain in Mississippi a right to signify their intention and remain in Missis- sippi. Mr. MuRRAr. Well, now, do you think that the Government, mak- ing a treaty for the purpose of removal, would incorporate a pro- vision whereby a member of a tribe could remain and draw property in Mississippi, and yet remain in Mississippi and draw property in Oklahoma? That would defeat the removal end. Mr. Harrison. No; it would not because a great number of them signified the intention that they wanted to remove. But there were, as found in the American State papers — the history of the Choctaw Indians shows conclusively that there were certain of them that wanted to stay in Mississippi. They had their homes there, they had their happy hunting grounds there, and there were many things they did not want to leave, and they pleaded with them not to force them to leave, but to allow them to remain. Mr. Ferris. The only difference between the treaty of 1820 and the treaty of 1830 was that the treaty of 1820 gave each head of a family that wanted to remain a square mile of land, did it not ? The treaty of 1830 gave each one 640 acres, each head of a family, and each member of the family over 10 years old 320 acres f each member less than 10 years of age 160 acres? Mr. Harrison. The treaty of 1820 did not do anything like that at all. The Chairman. If you desire to answer question, you may do so, but, if not, you do not need to. You can proceed in your own way as you would under the rules of the House. Mr. Harrison. Now, Mr. Chairman, this matter went on until 1896, and then it was that the United States Government appointed the Dawes Commission to go down into Oklahoma to identify the Choctaws in Oklahoma. And they did make a roll of the Choctaws in Oklahoma at that time, and they refused to enroll those Missis- sippi Choctaws who lived in Mississippi. Following that the Con- gress of the United States in 1898, knowing the acts of the Dawes Commission in refusing to enroll the Mississippi Choctaws, knowing the action of Judge Clayton in rendering his opinion in the Jack Amos case, passed a law known as the Curtis Act and authorized the Dawes Commission to go into Mississippi and there to make up a list and to identify the Choctaws in Mississippi. Acting under that act a man by the name of McKinnon, represent- ing the Dawes Commission, and one of the Dawes Commissoners, I think, went into Mississippi and made himself a roll of some 1,900 and some odd Mississippi Choctaws; and I say to you that there INBIAN APPEOPRIATION BILL, 1911. 9 are of that list that was made by this man McKinnon, identify- ing these Mississippi Choctaws in Mississippi, about 1,100 of them that are not on the rolls of the tribe, that are entitled to be upon the rolls of the tribe, that went through the same examination as every man that McKinnon and the Dawes Commission identified and placed upon the rolls ; and there is no reason in the world, there never has been advanced any, there can not be advanced any, why those Indians who are identified and are on the McKinnon roll should not now be upon the final rolls of this tribe. That roll Avent on to the Secretary of the Interior. He left it an open matter until the 4th of March, 1907, when under the law the final rolls were closed, and then he disapproved that roll. I would like for some man representing Oklahoma, or anybody else, to tell me how in the world, when the United States Government appointed a commission to go to Mississippi and identify the Mississippi Choctaws, and made a roll of 1,900, that he should take 500 of them and let them appear on the rolls, let them share in the funds of the tribe, and cut out 1,100 of them that were identified under the same facts and had proven their right to enrollment. There is not any reasoning in it, and I submit, gentlemen, I submit with all sincerity, that this committee ought to see at least justice done to the full-blood Missis- sippi Choctaws, to those Choctaws who had been identified by the agents of the Government ; who were identified by the Dawes Com- mission; who are now on the McKinnon roll and are not on the final rolls of the tribe. Let me read to you what Senator Owen says about that proposi- tion. This is from the hearings on pages 745, 746, and 747 : In the meantime Jlr. Oharles Curtis, a Representative from Kansas, prepared various bills (H. R. 4214 and H. R. 6702) for the protection of the people of Indian Territory, and for other purposes, which were perfected and introduced as H. R. 8581,' Fifty-fifth Congress, second session. This bill subsequently became a law, called the Curtis Act. This bill, when being perfected in the committee, provided, among other things, that the Dawas Commission, In making the rolls of citizens of the Five Civilized Tribes, should observe the following rule : " No person shall be enrolled who has not heretofore removed to and in good faith settled in the nation in which he claims citizenship." Mr. A. S. McKennon, of the Dawes Commission, prepared the above as an amendment and it was adopted by the committee. It would, by legislative enactment of Congress, have barred the Mississippi Choctaws absolutely from enrollment. (Rec, 500.) The petitioner, Owen, who was exclusively engaged in the duty of looking after the claim of the Mississippi Choctaws to citizen- ship was exceedingly disturbed at this provision, and immediately appealed to the Senators and Representatives from Mississippi to protect the Mississippi a. E-klen-ab-tah (or E-glen-ah-tubbe). ' E-ah-ho-ka. E-ki-o-nubbe. E-lab-ha-cubbe (or Il-ab-be-kah). E-ah-to-nah. E-li-o-te-mah. E-lap-no-wab. E-ah-ho-nubbee. E-ah-ho-tim-ab. E-li-yubbe. E-yal-a-ho-ka. E-la-pa-subbe. E-la-lo-ma-tubbe. E-lah-ho-nab. E-mab-to-kah. E-le-ab-tubbe. E-la-cba-te-mah. E-ab-be-tubbe. E-ba-la-to-nah. B-la-ho-te-mah. E-me-la-to-nah. E-mock-he-tubbe . E-lah-he-kab (alias E-la-ha-cubbe). B-ah-tubbe. E-bo-ah-to-nab. E-la-pe-wah-bo-nab. E-ma-che-ab-ho-nab. Eah-eab-tim-ah . E-lab-fe-tu-nah. E-ah-to-nab. E-ah-an-tubbe. E-lab-tah-tubbe. B-as-tu-ubbe. Bli-pipa. E-ob-tab. E-ab-ba-tubbe. IQ INDIAN APPEOPEIATION BILL, ISIT. Ust of Mississivvi Choctaw Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. |5, JS^g— Continued. E-lah-pah-nubbe . E-ah-le-ho-tim-ah. E-Cah-tali. E-lap-in-tubbe. E-yah-ah-to-nah . E-la-shubbe (or Billy N-kon-Shaw). E-ya-ka-tubbe. E-mish-te-ubba. E-mo-nubbe. E-ne-cun-e-ubbe. E-yah-hubbe. E-cha-pah-no-enah. B-lah-ho-yubb. E-mack-lubbe. E-li-che-tubbe. E-mah-tall-ah. E-mah-sba. E-li-chuf-cubbe. E-ma-ha. E-cba-po-tubbe. E-lo-ok-chl-ab. Emo-nubbe (alias Im-mo-nubbe). E-lan-tubbe. E-mah-no-wah. E-mah-ho -to-nah . E-sba-bo-ka, E-lab-tab-to-nah. E-bo-ah-tubbe. E-lah-he-nubbe. Edmund . E-yak-tubbe. E-yah-be-tubbe. E-misb-tubbe. Elah-pah-ne. E-lab-pis-ubbe. E-le-o-nab. E-lab-pe-kah. E-yab-ish-to-nah. E-cbah-pab. E-lo-ma-bim-mah. E-ab-ham-be. E-lah-tubbe. E-lah-bo-yubbe. E-mab-a-lubbe. E-3^ak-a-che. E-li-ho-kubbe. Esta-ho-yo. E-lah-lo-ma-tubbe. E-cba-po-tubbo. E-lan-to-nab. E-as-ta-bo-nab., E-bak-ali-tubbe. E-yah-tu-nah. E-mi-ya-tubbe. E-mo-na-ho-ka. Ey-ab-li-yab. E-lak-cbe-te-mab. E-li-yubbee. E-bah-took-lab. E-lah-o-tubbe. E-ab-bo-nubbe. > E-yan-to-bo-ka. E-lab-po-cbubbe. E-min-to-bo-nab. E-lah-he-mab. E-la-ho-te-ab. E-ab-bo-nubbe. E-lab-piab-ti-yah . Este-mil-le. E-yak-a-tubbe. E-yi-ho-yo. E-yab-hab-tubbe. E-mal-bo-mah (alias E-mah-le-ho-mah). E-mah-tam-bee. E-lah-ko-tubbe. E-lah-ke-mah. E-lah-te-ubbe. E-lab-bo-yo. E-li-to-nubbe. E-ya-le. E-ab-tom-bee. E-U-chin-tubbe. E-U-be-nubbe. E-la-ba-cubbee. E-lap-no-an-tubbe. E-lab-cbe-ho-nab. E-yab-bam-bee. E-ab-bo-ka-te-mah. EUce. E-sba-to-nah. E-bu-e-te-tubbe. E-ah-cab-to-nah (or Oah -to-nah). E-mis-tubbe. E-ab-ho-te-mah. E-man-cbe. E-me-to-bo-nab. E-mo-no-la-cho-nah. E-bo-ah-tam-be. E-le-o-ka-te-mab . E-lah-yo-kah-to-nab. E-ah-ham-bee. E-lo-mab. E-lah-pish-ah. E-cab-no-ab-bo-nah. E-ah-ho-ka. E-lah-to-nab. E-mam-be. E-mab. E-lo-nab. E-yah-bam-ba. E-bi-o-cubbee. E-man-cba. E-mab-nin-che. E-yak-ki-ab. E-yab-bam-ba. E-ham-bee. E-ma-cba-tubbe. Eli-cba-tubbe. E-lah-pa-ah. E-liza. E-mab. E-li-tubbe. E-lab-e-mab. E-lo-yah-tubbe. . E-lik-bon-ab. E-lah-pio-ubbe. Em-bo-tah. E-ab-te-mah. E-o-kab-tubbe. E-cha-po-tubbe. INDIAN APPROPBIATION BILL, 191'7. 17 List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. tS, 1842 — Continued. Elian-ne-ho-nah . Ex-ah-kah-ho-tubbe . E-lam-bee. E-mah-lah-te. E-no-wah. E-him-mah-la-tubbe . E-ah-sha-tubbee . E-lah-ho-yo-ho-nah. E-ah-lo-ho-nah. E-lo-mon-to-cubbee. E-me-le. E-U-za. Eah-che-hubbe. E-lah-tim-ah. E-o-cutch-ah. E-chah-pah. E-mah-snah-chubbe . E-ah-ham-bee. E-lah-pe-ah-ho-nah . E-mah-om-be. E-to-pok-a-nah. E-meen-tah-ho-nah . E-li-oon-ah. E-lah-tubbe. E-lap-ik-e-bah. E-yon-tah. E-mipah. E-mo-thah-tubbe. E-li-o-te-mah. E-lan-tiibbe (or Tiah-o-pi-a). E-a-chubbe. E-la-ha-lu-ta. E-Io-ni-ah. E-lo-ho-ka. E-liza. E-mo-na tubbe. E-o-ca-tubbe-to-nah (or To-cubbe). E-whah-to-nah. B-ah-kah-tubbe. E-lah-ma-tubbe. E-la-ha-cubbe. E-la-te-mah. E-mah-lubbe. E-ah-tahn-tubbe. E-ah-ki-ah-to-nah . E-ah-ho-nubbe. E-li-o-nubbee. Eatamia Charles. E-mil-la. E-la-ho-tema. E-lan-tubbe. E-la-ta-i-ho-na. Ea-ish- tubbe. E-math-lo-la. Een-ta-ho-ka. E-ma-lubbee. E-no-ka. E-li-za. E-lo-wa- tubbe. Eliza. E-la-took-e-la. E-lo-ma-chubbe . E-la-pa-nubbe. Elijah. Ellen. E-o-tah. E-lah-pam-la. E-lah-we-tubbe. E-ye-me-tubbe. E-ioom-ah-ho-kah. E-li-emah. E-lah-pa-lubbe. E-no-wah. E-me-le-hubbe. E-la-u-ka- tubbe . E-lah-pun-te-mah. E-me-la-ho-na. Fay a. Fannubbe. Falle-cheto. Fal-a-min-chubbee . Fe-ma-la. Fa-nubbee. Fe-tick-ah-chubbe. Fil-e-ah- tubbe. Fo-kah-lin-tubbe . Fe-temah-ti-mah . Fe-le-kah. Fal-ah-moon-tubbe. Fe-le-nubbe. Fe-le-tah. Fe-laka-tubbe. Fil-e-ah-tim-ah. Fo-ko-lin- tubbe. Fah-hah-mah-ho-nah . Full-o-mo-tubbe. Fil-e-mam-le. Fal-lal-moon- tubbe . Ful-le-ho-mah. Fun-ne-ho-mah. Fa-la-moon-tubbe. Fil-e-ti-yah. Fe-lah-moon- tubbe . Fil-e-tubbe. Fo-look-a-che. Fish-o-ho-cubbe. Fo-1 e-na-te-mah . Fa-lam-e- tubbe. Fish-u. Fil-e-cutch-e. Fa-lam-a-tubbe. Fal-am-a-tubbe. Fal-am-ah-ho-ka . Fil-e-tah-ho-nah. Fal-ah-mo-tubbe. Fille-moon-tubbe . Fallo-ah-ham-be . Fil-e-mah. Fil-e-to-nah. Fe-le-moon- tubbe . Fe-lem-e-tubbe. Fin-min-tubbe. Fille-tah. Fut-cha. Fil-le-ca- tubbe. Fille-man-tubbe. 25134— PT 4r— 16- 18 INDIAN APPEOPEIATIOSr BILL, 1911. List of Mississippi Choctaiv Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. ^3, 184i — Continued. Fah-lah-mah. Fan-e-ubbe. Fo-lub-be-chubbe . Fo-look-a-che. Fitcb-ik-no-wah . Fish-ah-he-lubbe . Fah-lam-bee. Fillubbee. Fil-e-mon-e-ti-ma . Fil-e-mah-tubbe. Fa-lo-mah. Fee-chubbe. Foster, Thomas W, Foster, George H. Foster, Elija G. Frazer, Sweeny. Fo-ca-tubbee. George. Gibson. Go-ma-chubbee. Gibson. Gowin, Betsey. Hol-la-chee. Him-mo-ka-to-na . Hoya (or Ahoya) . Hothma. Ha-ma-yo-lubbee . Hoth-ta-ma. Hok-a-tubbe. Ha-o-cho. Hillubbee. Hoy-e-ta-na. Hoyo-ho-tubbee. High-i-ho-na. Hol-la-chubbee. Hem-a-che-na. Ho-pa-ka-che. Hus-he-Mingo. Ho-ka-lo-che. Ho-te-ma-ta. Ho-ti-a-ka. Ho-te-mo-na-ho-ka . Hul-tuk-ho-ma. HoUah. Hi-a-ca-to-na. Han-nubbee. Hia-cutch-ee (or Hi-yo-ca-chee). Ho-ta-cubbee. Ho-but-a-ka. Hi-a-tubbee. Ho-te-o-a. Ho-lel-tah-ho-nab. Ho-te-nah-chubbee. Hi-ack-co-nubbee. Hick-a-tom-b ee . Hi-a-la. Hal-la. Ho-che-fo. Ho-te-mah. Hop-pa-la-tubbee . He-ne-ah-ho-nah. Ho-to-man-cha. Ho-ta. Ho-tah-ho-Tiah. Ho-tam-bee. Ho-lah-tubbee. Han-nah. Ho-ha-cubbee. Hith-ah. Ho-cubbee. Him-mock-ah-bee. Hi-ah-la-ho-mah. Ho-te-man-chubbee. Ha-chab. Ho-pa-na. Ho-gla. Ho-cho-na. Hick-a-to-mah. Ho-tan-te-ni-ah. Hi-o-tah. Ha-la. Ho-te-nubbee. Ho-to-nah. Ha-cubbee. Hi-o-te-mab. Hun-o-nab-tubbee. Ho-pi-ah. Ho-te-ah. Ho-bab-cba-ho-nah . Ho-te-ah-ho-nab. Ho-yo-pa-tiibbe . He-kah-tubbee. ' Ha-cha. Ho-chubbe. Ho-nah. Ho-ta-che-ho-nah. Ho-lima. Hab-tak-lam-ah . Hock-la-ho-nah. Hun-nubbe. Ho-tim-ah. Ho-tab-at-tubbe. He-kah-tubbe. Ha-le-tubbe. Hi-oun-ubbe. Ho-lah-bab-ho-nah . He-kah-ti-mah. Ho-tan-yah. Ho-tish-tam-be. Ho-tisb-im-ah. Ha-ka-a-ho-mab. Hal-le. He-kak-ti-mab . Hok-la-bo-nah. Ha-o-le-tim-ah. Ho-tim-e-ah. Hah-tak-ubbe. Ha-tick-illa. Ho-tik-la. Ho-tah-tah. Hi-ne-ubbe. He-cubbe. Ho-te-ah. He-u-ah-le-tubbe. Ho-to-nah. Ho-ne-tam-be. Hol-ba-tubbe. Ho-ne-mah. He-nah-ho-mah. Hook-e-la. INDIAN APPEOPKIATION BILL, 1911. 19 List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. 23, iS-^^— Continued. Hi-ah-ka-tubbe. Hath-la. Hi-o-tubbe. He-yo-ho-nab. Hool-lo. Ho-ka. Ho-cha. Ho-te-mi-ah.. Hon-oon-tam-ba. Hi-ah-ka-tubbe . Hi-e-le-ho-nah. Ha-lubbe. Ho-tim-ali-clie. Ha-la-cbe. Ho-te-an-ab. Hota-ttm-ab. Ho-lis-ab-tubbe. Ho-yo-ubbe. He-challe. Ho-pak-o-nah. Ho-te-ah. Hik-it-e-ah-ho-nab. Ho-tin-lubbe. Ho-yo. Hon-ah-bo-tubbee . Hab-be-nah. Ho-yo-nubbe. Ho-bah-tam-tubbe. Hok-e-lo-tubbe . Ha-took-lubbe. Ho-te-tubbe. Husb-e-ho-mah. Hi-yo-la. Hol-le. Hi-een-ab-tubbe. Ho-le-ti-ab. HoUa-ti-yab. Hok-lo-tubbe. Ho-bab-to-mab. Ho-tan-tu-nah. Hi-o-to-nah. _ Ho-te-mah. Hill-a-tubbe. Ho-lis-so-bo-nab. Hos-to-no-che. Hio-gale. Hi-yab-kubbe. Ho-chubbe. Han-tubbe. Husb-shook-bo-mah, Ho-te-mah. He-kah-tubbe. Ho-te-mah. Hus-ke-ah-hooc-ta. Heo-te-mah. He-lubbe. Ho-yubbe. Hah-la-le. Ho-te-nah. Hool-bah-tubbe. Huehe-te-mab. Hok-sa-gee. Hi-yok-ah. Hi-ape-ha-sa. pi-yai Hoo-sah-tubbe. Hoo-che-mah. Heith-lah-tho-nah . Ho-tubbe. Ho-mok-o-nubbe. Ho-to-pah-le. Hoth-te-nubbe. Ho-be-ti-yah. Hin-che. Ho-te-kubbe. Hoth-te-nubbe. Ho-tubbe. Ho-pah-ka-ho-nah . Husn-hook-ho-nah . Hi-tuke-pa-ho-ma (or Yak-i-ah). Hush-e-no-wah. Hi-em-e-te-mah. Hi-o-tubbe. Hi-a-lee. Ho-yubbe. Haeh-ah-i-ta-nah . Hi-a-lee. He-ki-yuable. Ho-te-nah. Hi-en-e-chubbe . Hah-mook-la-ho-nah . Ho-chon-chubbe. Ho-pa-hin-tubbe . Ho-tish-le-ah. Ho-te-yah. Ho-te-mah. Ho-yo-ho-nah. Hoy-ubbe. Hi-ak-ah. He-yape-ah-ha-jo. Hi-yak-hubbe. Ho-che-fo-tubbe. Hol-la-ho-nah. Han-ah-to-nah. Hi-ah-co-nubbe. He-no-nah-tubbe. Hool-bah-tubbe. Ho-nah. Ha-ba-nah. Ho-nah. Ho-pah-ka-tubbe. Ho-lah-cha. Ho-lah. Ham-bee. Ho-ni-o-nubbee. Ho-te-mah. Ho-yo-an-tubbe . Han-ah-mock-ah-yah. Ho-to-ak-ah. Ho-tah-ho-nah. Hon-to-nah. Ho-lah-te-mah. Hoo-nah. Ho-me-ho-tubbe. Ho-bah-tam-bee. Hah-nubbee. Hi-ak-e-tubbee. Han-nubbe. 20 INDIAN APPEOPRIATION BILL, 1911. List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. $3, iS^S— Continued. Hool-bah-ho-nah . Hik-e-yah. Ho-nah. Hi-ah-ka-tubbe. He-lubbe. Ha-man-che. Ho-kiibbe. Hik-ah-che. Him-ah-ubbe. He-ka-che-ho-nah . He-ab-ka-ish-to-nah.. Ho-ka. Hun-nuk-ubbe. Ho-ba-tubbe. Him-mock-am-bee . Ho-te-mah. Hi-a-to-nah. Ho-yo-pah. Ho-ta-ho-uah. Ho-tab-lah-ha^mah. Ho-le-ba-chubbee. Ho-che-nah. Ha-ta-mah-ho-nah. Ho-ka. Ho-te-nah-ho-nah. Ho-pah-kah. Ho-pi-ah-tubbe. Ho-shin-she-ho-mah. Ho-yo-pa. Ho-e-o-iia. He-a-ka^ti-na. Hotch-a-ka. Ho-ba-te-i-a. Ha-tubbe. Hob- tab. Hi-ah-ko-nubbe . Hi-ah-ka-mab-tubbe. Ho-le-to-pah. Ho-ta-cubbe. Hick-a^tubbe. Ho-yo-ka. Ho-to-nah. Hetty. Ho-te-mah. Ho-pi-ah-ho-mah . Ho-no-que-ah. Hiin-oon-pah. Ho-pah-cubbe. no-chah. Hong-ki-o. Ha-cubbe. Hoth-te-ma-ho-yo. Hoth-te-ma-bo-yo. Ho-ma-a-chee. Hik-in-tubbe. Hick-a-tubbe. Ha-yo-pa. Hali-son. Ha-to-iia. Ho-ba-tish-ubbe. Ho-ti-kah. Hok-ta. Ho-ka-lo-tubbe. Hush-to-nubbee (alias cubbe, alias 0-gle-ish-ti-a). Ho-yo-ho-niibbee. Ho-lin. Ho-na-chi-to. Ho-cba. Ho-cha. Ho-te-ock-a. Ho-yo. Hol-la. Ho-e-ho-nah. He-ke-ah-ho-nah. He-kab. Ho-barte-yah. Ho-to-nah. Ho-chubbe. Ha-mook-lah-tubbe. He-to-nah. Ho-te-mi-ah. Ho-yubbee. Ho-tam-bee. He-in-tim-ah. Hoo-too-nah. Hoo-la-te-i-a. Hock-lo-hatt-ah. Ho-ba-lah. Ho-yo-ki-ab. Hock-a-la-tubbee. Hash -ta-sho-nah . s-te-a-ka-ia-ho-na. s-tam-ba. s-tilla-bala-tubbee. a-ma. s-ti-e-a-tubbe. sh-kumma. s-tam-ba-la-bee. sta-pe-ca-nubbee. sh-te-mei-a-nubbee. s-tam-cha. s-tim-a-la-ho-na. s-o-gla-te-ma mil-o-ho-na). s-tam-tubbee. sh-tam-yah. r-ubbee. s-tam-to-na. s-ta-ho-la. ste-man-cha-ho-na. o-wa-che. ck-a-na. !m-nbbee. a-tubbee. m-mish-to-nah. a-mah. -sum. !sh-a-tubbee. .-sim. !sh-te-mahn-a-chubbee . m-mah-larhubbee. [m-mi-e-ho-to-nali. . ah-nin-tubbee. !sh-wa-chubbee. !-to-tubbee. Ae-ma-to- (aUas Oclatema-Im.- INDIAN APPBOPBIATTON BILL, 1917. 21 lAst of Mil i Choctaw Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. 23, 1842— Contmned. ish-to-mah-ho-nah. !m-sey. m-moch-f o-quah-tubbee . ah-ton-te-mah. ck-neth-lo. a-hubbee. !sh-tim-a-so-yo. m-mah-tha-chubbe. is-un-mah. o-glah-tubbe (or Hustuk). a-mah. lla-ho-nah. ish-ta-ka. Ooos-ta. sh-ta-ho-nah. sh-siam-bee. -orth-la. Ua-ho-ka. Ua-glah-to-nah. a-mah. sh-te-lah-mali. ah-wah-ki-yo. ah-te-mah-ka. con-nah. m-mah-no-wah-ho-nah . m-mock-kab-ho-nah. o-pun-na-chubbee. jn-mish-ti-yali. -o-ke-a-to-nah. ah-tab-shubbee. sh-tah-lah. m-me-bo-ba-tubbee. sh-to-mahlone-cbubbee. sta-min-cha-tubbee (or Mincha). m-mah-lah-te-mah. Ua-con-a-tubbee . -ok-lo-tubbe. •e-ne-tim-ah. !n-pak-nah-ho-nah . m-ah-illa. ye-le-he-mab (or I-la^ho-nah). saac. m-my. k-o-nah-te-mah. ish-te-ah-bo-nah . !sh-te-lah-ne. !sh-tab-ho-va-ho-nah . m-ah-le-bo-nab . sh-lah-ho-ka. sh-ta-mah-ho-nah. t-a-pe-sah. sh-te-mi-ah. n-lah-tim-ab. m-al-to-va. m-e-lubbe. sb-te-mah. sh-to-me. B-tubbe-battah. sh-tu-nab-tubbe . sh-ta-ah-ho-nah . sh-taho-Dah. o-ka-to-nab. m-pun-ah. s-shan-ke-ho-yo. Ish-bo-ni-ye. Ish-tubbe-ho-ka. Im-an-o-tik-a. Isb-tan-we-cbe. Im-ab-bo-nab. Ish-to-nah-che-bo-nah. In-lah-tubbe. Im-om-ubbe. Ish-tah-lubbe. Im-ab-ho-yo. Illa-ho-yubbe. Insb-kam-ah. Ish-tal-atb-i-ah. Ish-tal-lah-bo-nah. Im-ah-ho-ka. Is-bo-ka (or Ath-le-bo-ka). Ish-tab-yo-co-nab . In-am-be. I-yo-nab. Ish-pah-lab-te. In-am-be. I-yo-nab. Isb-pab-lah-te. Tm-ab-tish-e-bo-nab. Isb-im-ah-ho-ka. Ish-te-mi-o-nab. In-Iab-to-nab. Im-pun-ab. Isb-ti-ab. Isb-tam-mo. Isb-te-me-le-bo-ka. Isb-ti-ab. I-ath-le-pab. Im-ab-le-bo-nab. Ish-ta-lubbe. Isb-te-mi-ab-bo-ka. Is-te-cbe. In-lab-bo-nab. I-ab-che-bo-nab. Im-ah-tab-ho-nab. Ish-to-ni-ye. Isb-tem-bo-la. Im-uk-tab-nubbe . lUe-tubbe. Im-ab-cbi-ab. Isb-mi-ab-bo-nab. Is-sta-cba. Isb-ton-ok-eu-ah (or Isb-ton-ah-kue-ab, or Nok-we-ab). I-yok-e-tubbe. Isb-un-ah-ho-ka. Im-mab. I-e-ah-bo-nab. Im-ho-ab-to-nab. Im-i-e-ab-ba-tubbe . Ish-to-ka-bo-tim-ah. Isb-te-me-lubbe. Isb-bo-yo. Im-ok-po-to-tubbe. Ish-tubbe. Ik-io-ne-nab. Isb-ta-lo-la-tubbe . Is-tubbe. Isb-no-wab. 22 INDIAN APPEOPEIATION BILL, 1917. List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. tS, 184^ — Continued. Isaac. In-lah-cubbee. Ish-ah-hok-ta. Im-ah-ho-yo. Ish-tah-ham-me . Ish-ta-uek-la. I-tun-la-tubbe. Is-te-me-chubbe . Im-ab-no-ah-tim-ah . Ish-tah-tubbee (or Big Jacob). Is-til-i-ah-bo-ka. Ish-ti-o-pa. I-yo-co-nubbe. Ish-te-ali-lio-ka. Im-al-tah-bo-nah . I-ok-la. Igh-tab-hook-tah . Ish-tah-tubbe. Ish-ti-ah. Il-at-cbaf -f ubbe . I-a-nah. Im-uth-ta-ha-to-nah . Ish-li-vah. I-o-ko-nubbe. I-map-kan-che. Itte-no-mis-tubbe . Im-mo-nubbe. Illah-ish-te-mah. It-ta-mith-ubbe. Im-me-ho-nah. I-tu-nah. It-ah-ho-bo. Ish-me-ah. Ib-ah-no-wah. In-cbuk-mah-lio-yo . I-bak-ah-hubbe. I-lah-yo-kubbe. I-ha-kon-bee. lUah-no-la. Iha^gah-tubbe. Ish-te-ma-ho-nah . In-too-lab. I-ba-kah-tubbe. I-lap-im-hah. Im-ah-talle. I-ape-ah-tubbe. I-ik-len-ah.. I-yo-ke-nubbe. I-nik-e-tubbee. I-mut-te-ah. I-ok-Che-ho-ka. Im-ah-yah. I-em-ma. In-tu-la-bo-ka. Ish-to-pah.-nubb e . I-lap-o-nah. Ish-tan-te-mah. iBh-ko-chubbe. I-o-pa-cbee. Ish-la-ho-ka. Ish-ta-bo-la. Im-o-na-ho-ka. I-it-tu-lah. Ish-te-mak-ah. Ik-tah-te-mab. Ish-te-mi-yab. Ish-te-ma. Tt-e-lak-na. Ik-be-tubbe. Il-ab-ish-to-nah . Ish-tik-ah-tubbe. In-sha-la-tubbe. lo-yah-hubbe. I-yab. Isb-tah-pak-mah . I-aak-ka-mah. Il-le-bo-ka. I-oath-ah. Il-ah-e-mah. Im-ish-too-nab. I-m-ah-tha-kah. Im-ah-i-sha. I-m-mil-le. Ik-lan-ah-tab. Im-ieh-le-ah. I-a-che-ho-nab. Ish-ti-o-nah. I-hool-bah-tubbee. I-lab-ho-tubbe. I-hi-o-tubbe. I-lah-ha-be to-nah. I-bah-wa-cbe. Il-ah-ish-te-mah. I-een-la-hubbe. I-o-ga-be. I-o-kubbe. I-sham. Isk-te-kubbe. I-ha-ne-ubbe. It-e-ok-chak-ko . Ish-tah-ho-ho-tubbe. I-yo-mah-ho-ka. I-o-gle-te-mab. Ish-tah-ho-cubbe. Ish-te-mah-le-chubbe . I-yo-nah-te-mah . Isb-tah-ho-nah. I-lik-e-tubbe. I-al-ba. Ish.-tan-tubbe. In-tah-hubbe. Im-ah-no-wabbe. Ish-tal-lah. In-lab-tubbe. iBh-tah-tubbe. Is-te-mi-o-nab. Ish-tesh-tan-be. I-yo-nan-te-nah, Ish-tah-ho-nah. Ik-bam-ah. I-ath-le-pah. Ish-tan-to-nah. Ish-ta-ne-mah-tubbe. I-orth-lah. I-yo-ko-mah. Ish-ta-hem-ah. I-e-ton-lah. Ish-te-mah-ho-nah . INDIAN APPKOPEIATION BILL, 1&11. 23 List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. 23, 184t — Continued. I-math-pis-a-tam-fce . Ish-ho-ya. Ish-tah-a-mah. Ish-tah-he-mali . Isl^-tah-ah-ho-mah . I-tin-lah-him-ah . Is-chaf-ubbe. I-yo-lah. Ish-tah-ho-nali. Ish-ton-tin-ah . I-kah-po-lubbe. Im-me-ho-ka. I-an-ta-tubbe. Ish-tah-ho-nah. Ish-ti-o-klu. Ik-lan-ubbe. Ish-to-ho-yo. I-o-bon-ubbe. iBh-ten-eah-to-nah . Ik-len-ah. Ish-to-nan-chi. Ish-pah-na. Ish-tim-mi-lio-ya. Ish-a-ho-nab. lo-ka-chubbe. Il-la-con-nah-tubbe . Ish-tin-mo-na-chubbe . I-co-mah. Im-ubbe. Im-moon-tubbee . Ik-ko-nah-ho-nali . 11-la-mo-to-nah. Im-mah-ho-nah . Illa-ho-chubbee. Im-il-le. Im-ah-ho-tonah . Is-tim-ah-ham-be . I-o-pan-ubbe. In-ah-lubbe. In-ish-tam-be. Ish-to-me-hah-tubbe . I-it-ah-nubbe. Im-ah-to-nah. I-ok-lo-hubbe. In-no-tubbe. Ish-ta-ho-lubbe . I-wah-tu-nah. I-ah-ka-ho-cbe. I-yo-ho-nah. Im-ah-no-le-ham-be. It-e-mi-ya- (or Man-ya). I-yo-wa. Ish-te-chubbe. Il-le-no-wa. Ish-no-wa. Im-ma-no-le-ho-yo . Is-Btubbee. Im-po-nah. Im-mogla-chubbe (or 0-glah-chubbe). Im-me-yah-ho-nah . Im-mo-nah-ho-ka- (alias Na-wa). Im-pi-ah. I-o-mah. I-o-gla. Ish-tim-mah-la. I-a-min-tah-ho-ka. Ish-ta-ah-ha-cubbe. Im-mah-sho-mah . Il-la-che. Ish-tah-ho-pah. Ish-tah-lubbe. It-tah-low-echah . Im-mo-nah-to-nah . Im-mo-na-tubbe. Ish-te-mah! Ish-tahn-tah. Im-mah-tiyah. Ish-ti-a-mah. I-a-nah. Im-me-sha. Ish-tah-ho-we-clia. Ish-stanthly. Is-te-me-i-a. Im-mo-na-lio-y . I-cha. Im-ma-to-ho-ho-na (or A-to-ba). Im-mah-sah-che. Is-ton-a-ka. I-o-glah. Ick-glen-a-hee-cha. Ish-te-maho-nah. Il-ie-o-tubbe. Im-al-to-bah. Im-ah-lah-ho-nah. I-o-koon-ah. Ik-te-ho-nab. Im-mah-na-ch-ubbee. Im-mis-te-mah. tmah-p i-sah-timah. I-mah-tah. I-o-ka. I-o-a-ho-ma. Illah-payn-to-nab (or To-nah). I-ah-ho-to-nali. Ish-te-mah. I-la-tubte. I-o-ma. Jackson. Jack (alias Oua-lubbee). Joshua. Jones, Jenny. Joel. John. John. John-im-mey. Jackson. Josephus. Jipie. Jackson. Jep. Jefferson. Josey. Jum-pah (or Chum-pah). Johny. Jake. Jinny. Jo-se. Jim. 24 INDIAN APPEOPEIATION BILL, 1917. List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. tS, 184^ — Contmnied. Joses. Johny. John. Jepe. Jim-Tom. John. Jinny. Jackson. Jones, Levi. James. Kan-she-ho-to-ma . Kan-cha. Kunnea. Ke-yo-cubbe. Kon-the-tubbe. Kan-oon-tubbe. Kon-che-ho-ka . Kan-oon-tubbe . Kan-che-to-nubbe . Kon-che-tam-be . Kun-e-moon-tubbe . Kom-pil-lah. Kon-e-toon-tubbe . Kon-che-ti-ah. Kan-che-ti-ah. Kan-oon-ta-tubbe . Kan-oon-ubbe. Kon-me-mah-ubbe . Kon-oon-tah-tubbe. Ko-tah. Ka-chubbe. Kis-ah-nah. Kon-che-tubbe. Kan-an-ren-tin-tubbe .. Kem-ish-to-nah . Kam-jpa-lubbe. Kooch-abbe. Ko-mubbe. Kan-che-le. Kun-ne-ahto-nah. Ka-ne-tim-be. Kiin-nal-le-tubbe . Kan-cha-tubbe. Kan-che-ma-ha. Kah-ne-tah. Ko-nan-chubbe . Ka-tha-ho-nah . Kan-che-tam-be . Kah-no-ma-ho-nah . Kis-tubbe. Kan-che. Kun-ne-ah-ho-nah . Koos-ta-na. Kut-tah-hah. Kah-il-le. Ka-tubbe. Kah-non-te-ubbe . Kanche-ho-ka. Kun-e-tah-ho-nah . Kah-po-tubbe. Ke-ille. Kun-ne-a-tubbe. Kam-pe-tubbe. Karto-nah. Kah-tam-bee. Ka-yu-hubbe. Kusn-oon-an-che-hubbe . Kun -ne-ah-ho-nah . Ka-ha-le-ho-nah . Ko-bah-tom-bee. Kal-so-tah. Kush-ah-nam-bee. Ke-lis-ta. Kah-lo-tubbe. Kik-e-te-mah. Ke-yo-ho-nah. Kan-ah-to-nah. Kun-e-mah-ho-nah. Kush-oon-a-mus- tubb ee . Ka-yo-he-mah. Kal-po-tubbe. Koo-chubbe. Ka-o-cubbe. Kun-e-tom-be. Kam-pillah. Kam-pilla. Kon-kah-noos-ko-bo . Kush-oon-an-cha-ha-ba. Ko-noo-tubbe. Kun-e-ah-to-nah . Ke-ah-na-chubbe. Ko-tah. Kan-sho-ntin-she-hubbe (or Billy John). Kun-ne-ah-ho-nah. Ka-no-yo-he-kubbe . Koo-tah. Kan-cha-tom-la. Kan-che. Kuth-lee-lee. Kun-e-an-che-ha-la. Kun-ah-ho-tubbe . Ko-na-chubbe. Ka-le-ho-na. Ko-ke-i-a. Ka-o-tubbe. Ko-chubbee. Kan-a-ho-te-ma. Kish-u-mus-tubbe (or Ka-lubbee). Kon-che-ho-nah . Ka-aa. Ke-ka. Kan-alle. Koo-cha-tiyah. Kan-che-ho-nah. Kah-no-me-he-mah. Kush-ah-hooc-ta. Kun-o-te-ma. Kurney, Charles. Kon-e-moon-tah . Ken-che-to-ah. Kearney, Creesay. Kearney, Wilson. Kearney, Joaephus. La-pin-tubbe. Lewis. Loma. Look-fan-cha. Laris. INDIAN APPEOPEIATION BILL, 1917. 25 List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. $S, 1842 — Continued. Lo-sho-ma. Lushta. Lo-ka. Lo-mo-ka. La-pa-sa. Lo-mah-ka. Li-la. Lis-mah. Li-la. Lah-sa. La-man. Lah-pah-ho-nah . Lucy. Lo-ma. Low-ch-te-mah. La-sho-mah. La-mah. Li-za. Lah-sa. Lah-po-ka. Lo-mah-tarka. Lai-pah-te-mah . Lush-pam-le. Look-o-la-tubbe . La-po-te-mah. Le-ah-io-nah. Lo-man-to-nah. Lucy. Lo-sno-mah. La-mah-ho-nah. Lo-ma-tubbe (alias E-la-lo-ma-tubbe). Lo-mah. Lah-wah-ho-nah . Lo-ko-tam-be. Lo-sho-na. Low-ah-tubbe. Lah-ta-kah (or Tom Billy). Lo-ho-no-tubbe . Low-wa-tubbe. Loo-sa. Lah-ha-nubbe. Lo-mah-to-nah. Lap-ah-la. Lo-mah. La-pa-sa-ho-nah . Lah-habbe. Lash-pah. Lah-nah-che-ho-nah . La-sho-ma. Le-neah-ho-nah . Low-ah-che. Lah-mah-ha-cubbe. Lap-oon-ah-hah. Lo-mah. Low-a-chubbe. Low-um-che. Lo-ma. Lah-pahn-la. Lo-mah-ho-shul-bee . La-fah-tah. Li-wea. Lewis. Lo-mah-tubbee. Le-ah-ho-ka. Lah-pah-ma-tu-mah . Lucy. Lo-wa-to-na. Lo-wa-ho-ka. Lo-ma-ho-na. La-ho-na. Lo-wa. Lub-bee. Lirea Ann. Lo-ma-ka. Lovie. Lo-mah. La-ti-ma-sha. Low-a-tam-na. La-sin. Li-la. La-i-e-ma-ho-na, La-pa-ta-ma. Lah-ma. La-pish-no- wah. Loo-ak-ish-tubbe . Lap-ah-hove-ta. Lah-pim-a-ho-ka . La-pa-chubbee. Lucy. Lo-wa-tubbe. Low-in-cha. La-po-nubbee. Ma-ha-to-na (or Wahatona). Molly. Min-ta-ho-to-na. Manc-che. Mon-in-tubbe. Min-te-nubbe. Mak-kee-ha-to-na . Ma-al-e-he-ma. Mut-ta-ho-na. Mul-tubbee. Mal-cho-na. Mon-to-na. Mal-a-ke-tubbe. Mach-ca-ho-na. Man-sha-tubbee. Ma-hubbee. Ma-to-na (alias Ona-to-na). Me-hi-a-te-na. Ma-ho-la-tubb ee . Me-ah-te-ubbe. M-le-ah. Mal-le-te-ah. Me-ah-tubbee. Mi-yah. Mo-min-tubbee. Mock-an-tubbee. Mason. Mina. Mon-tah: Me-mock-a-wah. Me-he-to-nubbee. Mah-la-ho-na. Me-ah-sho-nah. Mary Ann. Me-ah-sham-tubbee. Meah-sho-tubbee. Mock-ah-to-nah. Me-la-ho-nah. 26 INDIAN APPEOPEIATION BILL, 1911. List of Mississipp i Choctaw Indians in whose of the act of Congress of Aug was issued under the provisions 1842 — Continued. Mo-me tim-ah. Me-ha-tubbe. Mok-a-chubbee. Mah-no-te-mah. Me-ah-ish-tam-be. Mak-ah-le-ho-nah. Math-la. Ma-che-tubbe. Min-tah-bubb ee . Mah-han-tubb e . Me-la. Mak-ah-M-ah. Me-ab-sbo-tubbe. Me-asb-e-mah. Mak-a-le-bo-ke. Mo-min-tubbe (alias Mo-ma-cha) . Mab-to-nah. Mab-ke. Mah-ye (alias Ok-lih-mi-ah). Mab-be-cubbe. Me-be-yo-ka-lubbe. Me-ah-sbu-nah. Min-te-bubbe. Moc-ah-be. MaUe-tubbe. Me-be-le-bo-nah . Mah-ab-tah-ho-nah. Me-o-chubbe. Mi-ah-tubbee. Mak-ab-h o-tim-ah . Me-he-o-tim-ah. Mak-e-ubbee. Me-hab-tab-tab. Me-he-looth-tubbe. Mingo-homa. See Capt. Bob. Me-tab. Me-aah-fane-ubbe. Me-ah-cbe. Me-bah-tish-te-ah. Min-te-ho-yo. Me-ah-shin-tubbe (or Me-ash-in-tubbe). Me-ah-ho-ka-tubbe . Me-she-mab-tubbe. Mab-le-le-ho-nah . Me-chubbe. Mi-ah-tim-ah. Me-yo-to-nah. Mo-iiah-tubbe. Mish-tah-tubbe. Min-to-cubbe. Malle. Min-te-nubbe. Mah-ho-nab. Me-ah-i-ab-chu-nah . Min-to-ba-nah. Min-ta-chubbe. Me-ab-sho-nah. Mis-en-aii-ha-tubbe. Ma-hi-ye. Mab-ha-cubbe. Me-ah-cbubbe. Mah-le-le. Mi-ah-tvibbe. Me-bah-kab-tim-ah. Mau-chubbe. Mo-sho-le-tubbe. Me-shun-tab-tubbe. Mish-een-ab-to-nah. Mah-le-ab. Min-te-chubbe. Me-ab-sbe-mah. Me-hab-tim-ah. Me-la-he-yo-che (or Matb-le-hi-o-ja). Me-ab-to-co-nah. Me-ba-ab-cbubbe. Mo-min-tubbe (or Billy Jackson). Mo-min-che. M-ba-che. Me-ba-te-kxibbe. Me-cam-bee. Mo-sha^kal. Mue-la-le-cbubbe. Mingo-hapia (alias Ne-ta-cubbe). Me-sbam-bee. Mi-o-nubbe. Mi-yah-ho-nab. Mo-cbu-lak-a. Mab-to-nab. Mam-bab. Mo-min-cbe. Mul-la-le-ho-nab. Me-asb-pal-lah. Mab-li. Moon-tab. Me-ha-tubbe. M-sbe-be-kubbe. Me-ha-cbe. Musb-a-lab-kab. Ma-be-tubbe. Mul-a-tubbe. Mah-lah. Minte-ho-uab. Ma-ko-ka. Man-tubbe. Mo-nim-tubbe. Me-tab-lab . Mi-yab-tubbe. Mah-ka-tubbe. Mah-yab. Me-hat-e-she. Mah-ko-cha. Mab-ho-tubbe. Muk-am-bee. MuUa-tubbe. Mi-ya-cubbe. Me-ba-che-tubbe. Me-yah-tubbe. Ma-ha-te-tubbe. Mabo-ka. Me-ho-te-ab. Me-sbe-mah-bo-nab. Muk-in-tiibbe. Me-ba-to-n am-bee . Me-haw. Me-shom-to-y ah . Me-ba-che-to-nah. Muttul-bee. Me-ah-sbo-ka. INDIAN APPROPRIATION BILL, 1917. 27 List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisions: of the act of Congress of Aug. ^3, 1842 — Continued. Mah-la-ho-ka. Me-sham-le. Me-ha-took-ho-nah. Mah-le. Mab-e-ti-yah. Mal-as-ho-nah. ■Ma-sho-la. Ma-ch\ibbe. Me-he-mah. Ma-ai-she-mah '. Me-sha-tubbe. Me-sha-tubbe. Me-shone-tah-tubbe . Me-ho-te-mah. Moon-tubbe. Me-han-to-tubbe. Me-ah-sho-nah. Me-ah-sho-tubbee. Me-he-o-tubbee . Mok-in-lubbee. Me-mah-tam-be. Me-ah-to-chubbee. Me-sham-be. Me-hah-to-nah. Me-ah-she-nah. Mah-la. Mus-shu-le-lah. Me-ah-tubbee. Min-te-lubbee. Math-la- tubbe. Me-shune-tubbee. Mi-hah-tim-ah. Mo-nim-tom-ba. Me-ash-oon-te-mab. Me-ha-la-ho-nah. Me-ba-to-nah. Mish-oon-tubbe . Mah-la-ho-nah. Me-asb-in-tubbe. Mok-o-nubbe. Mok-a- tubbe. Me-she-mah-tubbe. Me-hah. Me-sboon-tah-tah. Mah-le-ho-ka. Me-he-ah-te-mah . Me-ah-sh.u-n&,h. Me-ah-ho-nah. Me-M-o-tubbee. Min-ta-hubbee. Moon-ta. Moon-tab. Me-la. Ma-ha-lo-ma-tubbee . Min-ta-bo-ka. Ma-ben-to-nah. Ma-ba-cba. Ma-ho-nah. M-ah-sho-nocka. Moon-tubbee. Me-o-tubbee. Mab-le-ah-tah. Min-te-hubbee. Ma-an-too-nah. Mal-la-le-ho-nah. Ma-lo-la-bo-nah. Ma-lubbee. Mia-to-bo-yea. Mook-ka-fa. Mi-yah. Min-tah-chubbe. Min-te-ho-yo. Me-he-tam-be. Ma-ha-to-na. Min-ta-hubbe. Me-ab-ebia. Me-ha-to-na. Misb-sham-be (or Me-asb-am-be) . Me-a-tube. Mal-la-bo-ka. Muth-toon-bab. Mock-ab-bi-yab . Mab-la- (or Suckey). Mah-ban-to-nah . Moon-tubbe (or Moon-tab). Mab-la-tubbe. Mint-tubbee. Ma-ka-le. Muk-a-to-na. Mas-sa-la. Me-lin-ga-li-ab. Mat-be-cbubbee. Mis-ta-i-a-ho-ka. Ma-bo-lut-ubbe. Ma-lis-ea. Mi-ha-ya-tubbe. Molly. Moon-tab. Mary. Maa-sbem-a-bo-ka . Me-ab-tim-mab . Moon-tubbee. Me-he-ubbe. Mis- tubbe. Ma-bam-bee. Me-shom-kubbe. Mul-la-le-bo-nab. Me-hah- to-nab. M-ha-cbe-ho-nah. Ma-ba-tai-omubbee. Me-bi-a-tubbee. Min-tubbee. Na-i-o-ka. Nancy. No-a-te-ma. Nat. Nancy. Ne-take-in-lubbee . No-wa. Nok-o-nubbee. Nok-any-ta-ya. Nin-ta-bo-ma. Nock-ubba. Nock-ne-mi-yubbee. Mol-a-tubbee. Nok-ne-a-tubbe. Nab-na-e-mah. Nab-sa. 28 INDIAN APPEOPBIATION BILL, 1911. List of Mississippi Choctaw Indians in whose behalf scrip was issued under the pro-visions of the act of Congress of Aug. 2S, i«^g— Continued. Nock-a-way-chubbee . Nock-a-la-ho-te-mah . No-se-ho-nah. Ne-hi-ah-to-nah. No-ah-ho-tubbee . Nock-a-che-tubbee . Nock-a-na-hd-nubbee. No-la. No-ah-to-nubbee. Ne-la. Nock-a-na-chubbee . Nock-a-nubbee. Nock-e-a-chubbee (or Chub-bee). Na-chubbe (or Nock ne-chubbee). Nokjia-tah-ahah . Nan-to-wah-yo. Nook-a. No-ke-mo-nubbe . No-wah-ho-ka. Nok-e-ne-ti-yah . Nock-un-am-be. Nock-e-mah-ahubbe : Nok-is-ni-ubbe. Nok-se-ka-tubbe. Nok-ish-to-nah. Nok-e-ne-ubbe. Nok-ko-ah-ho-mah . Ne-tock-oosh-tah . Nok-ish-tah-ok-la-tubbee. Nancy, or Un-an-che. Nok-ne-ho-tubbe . Na-po-le. Ne-le. Nok-e-na-tambe . Nok-e-mo-nubbe . Nok-ne-to-lubbe. Nok-ah-pe-sah. No-la. Nook-fa-lab (alias Ah-nook-pa-la). No-wah-ho-cubbe . Na-tubbe. Nock-i-o-tubbe. Nok-in-tambe. Nok- ne-hah-tah-e. Nuk-ok-ah-ho-mah . No-ah-ho-nah. Nok-e-chubbe. Nok-ne-ha-tubbe. Nok-ish-ti-yah. Nok-i-ne-lah. No-wah-te-mah. Ne-tock-am-be. Nok-is-tubba. Nok-ish-to-nubbe . Nu-Wa-ho-ka. Nook-tah-lubbe. Nok-ho-mah. Nok-na-thub-be. Na-wabbe. Ne-tah-cubbe. Ne-tuk-o-ka. Na-o-ka. Nok-we-tah. Nok-e-wa-tubbe. Nok-iah-ti-ubbe. Nok-ho-tubbe. Noon-chubbe. Ne-tuk-ah-che. Nok-ne-l£i(. Nok-e-ne-tubbe. Nok-a-ne-la. Nok-nam-be. No-wa-hubbe. Nok-a-shubbe. Nok-a-chubbe. Nok-iah-tah-shah . Ne-nok-kinm-b ee . Nulth-la (or E-la-bo-ti-ah). Nok-iah-te-ubbe . Nok-neen-tubbee. Npk-e-ne-fe-nah. Ne-tuk-^b-chick-e-ma. No-wah-tam-be. Nuk-sbo-pubbe . Nok-ne-ti-yah. Ne-ash-e-nubbe . Nok-iah-tam-be. Nok-a-man-che-ka-bee . Nah-ho-lo-mustubbe. Nok-ish-tubbee. Nook-wa-tubbe . Na-bo-aa. Nok-me-bat-tubbee. Nok-ho-ma-hajo. Nok-iab-to-(na'h . Nok-ne-o-ka-tubbee . Nok-nin-che. Nok-ni-ta-hubbe. Nok-wan-be. No-wah. Nok-o-un-cha-hubbe. Nok-chu-nubbe . No-wah-ho-nah. Nok-ne-tubbe. No-la. Nah-aho-lab-ho-nah . No-sa-kah. Nuah-ko-ho-to-ko-lo . Nock-e-ne-tubbe . No-wah. Nock-e-na-lah-nubbee . Nock-ne-a-che. Nok-iah-ti-yah. Ne-tah-che-to. Nock-fil-e-hi-yah. Nuk-she-pa-ubbe . Ne-tak-e-mah. No-aa-kah. Nok-ne-een-tubbe. Nu-wa-tom-bee. No-aa-kah. No-ah-tubbe. No-ah-hubbe. Nah-min-ah-ho-ka . No-h-ne-man-to-nah. Nock-a-ne-lah. Nah-ho-te-mah. Nock-ish-to-nubbee- INDIAN APPROPRIATION BILL, 1917. 29 List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. 23, 184^ — Coatinijed. Nan-no-ha-ho-nali. No-le-ham-be. Nok-ne-tubbe. Noke-e-ne-ene-hubbe. No-ko-she. Nok-is-tom-be. Ne-tuk-e-lubbe. No-a-ham-ba. No-kan-yo-ka-tu-na. Na-ne-ma. Nan-cha. No-cum-mah-ho-ka. N6-ka-tah. No-wa-yah. No-wah-ta-kah. Nock-ho-mah-hah-cho . No-wa-bo-nah. Nan-ne-ubbe. No-sa-cubbe. No-ctuo-ah-tubbe . Nock-a-chook-ma. Nock-pe-la-sa. No-e-em-yea. Nok-a-ha-la-jee. No-la. No-a-ho-na. Nok-e-fil-la-ho-na. No-la-ho-na. Nok-pa-la. No-wah-he-mah . No-sho-bah. Nook-chin-tubbe. Na-wa-ho-ka. Nok-ne-o-ka-tubbee. Nok-an-e-tubbee . Nim-nok-ha-cubbe. No-wah-ho-ka. Nok-ish-te-mab-yubbe. Nook-fille (or Fil-le). Ona-tubbe. Oak-la-te-a. Oon-ta-cbe-a. Oon-te-a-tubbe. Ona-chee. Ona-ho-ka. Ok-pe-a-hubbee. Ok-le-me-i-a. Ogle-as-te-ma. Oke-cha-te-ma. Ona-tubbee. Qn-wa-ka. Ona-te-na. On-a-to-hoyo. Og-lam-is-tubbee. 0-na-ho-ka. 0-on-ta-cha. 0-nok-fil-la-tubbee (alias Iillatubbee). 0-gla-hubbee. Oke-me-i-a. Ok-a-ish-ba-la-la. 0-gle-a-te-ma. Ooon-ka-hubbee . 0-glah-bo-nubbee . Ooon-tim-to-ka. 0-nah-he-cbubbee. Oon-nah-tom-tubbee. Ogle-ho-lah. O-glah-non-nah. 0-na-chubbee. Oo-nah-tubbee. Oke-la-we-tubbee (or Ohe-lin-tubbee). 0-tim-po-nubbee. 0-nah-te-ab. 0-nah-tubbee. Oon-nah-ho-ka. Oon-a-tem-bee. Ogle-mi-o-nah. 0-glah-no-wah-cha. 0-nah-hubbee. Oon-na-ho-kee. 0-nubbee. Oon-nah. Ow-wah-te-ah. 0-gla-ham-bee. Oon-ta-ho-yo. O-quun-tah. Oon-ta-mah-chubbee. 0-gla-ubbee. Ow-we-chah. 0-lubbee-to-nah. Oppa-sah-he-mah. 0-gla-ho-ternah. Oon-tah-zubbee. 0-thulck-a-ho-yo. Oon-ta-kah. Ok-lish-ti-ah. Oas-te-nubbe,. Oon-ah-tubbee. Ok-chubbee. Ona-'hin-lubbe. 0-mol-le-tubbe. Oon-cha-la. Oon-ab-chubbe. Oon-ha'^ubbe. Ok-la-ho-tubbee. Ok-che-tim-ah. Ok-lah-o-mah. Oon-te-ah-tubbee . Ok-la-me-ash-ab. Oon-ah-he-tubbe. OkJah-tubbe. Oth-la-ho-!nah. Oon-ag-chubbe. Oon-an-che-ah-tubbe . Ok-cha (or Bla-ok-chubbe). Oc-chock-ah-tubbe. Ok-in-to-la-ho-nah . Oon-ta-tubbe. Ok-lah-ho-tubbe. Oon-ubbe. Ok-ah-in-chuk-mab . Ok-ish-te-mah. Ok-la-ha-mab. Ok-ah-che-ah. Ok-lee-ban-tubbe . Oon-te-ka-ah. Onah-te-mab. Ok-lab-le. Ok-ish-tah-na. Ok-ah-tab-ma-ho-nab. 30 INDIAN APPEOPEIATION BILL, 191"!. List cf Mississippi Choctaw Indians in whose hehalf scrip was issued under the provisicm- of the act of Congress of Aug. 25, 184^— Continued. O-na-te-ah. Ok-lah-oka. Ok-le-mi-Tibbe. Ok-lah-chubbe. Ok-hah-che-tah. Ok-i-y o-me-ho-nali . Oon-ah-hubbe. O-nah-bubbe. Ok-lab-tim-ah. Ok-po-chea-he-mah . 0-ma-tubbe. Oon-ah-he-mah. Ok-la-o-nab. On-Wak-ubbe. Oon-ah-book-ta. Oon-wab-tubbe. Ok-iah-ta-mab-ho-mab. Ok-le-an-ne. Ok-lam-ba. Okisb-ti-yab (or Isb-ti-ah). Okia-tba-cbock-ma-baka. Ok-a-bubbe. Ok-a-la-an-cba-hubbe . Ok-cba-tubbe. Ok-U-yah. Ok-ti-e-cbe-mab. On-te-ma-bo-zo. Ok-le-mi-yab. Okah-no-wab. Oon-te-mab. Oon-ti-o-mab. Oon-te-ab-tubbe. Ok-lu-hubbe. Ok-ab-che-ab-bonab. Ok-la-to-mab. O-kia-ti-yab. Ok-la-che-bo-ka. Ok-a-to-la-be-nab. Oon-ubbe. Ope-aii-kubbe. Ok-la-bo-nab. Okab-ta-bo-nab . ■Okia-tah-la-bo-nab. Ok-cbe-ba-to-nab. 0-chee. Onem-cbebubbe. Ok-le-muttah. Ok-lab-yab-bo-nab. Ok-le-mab-cbe-ab-bo-nab , 0-na-cbe-hubbe. On-ti-o-mab. 0-narba-tubbe. Ok-la-bee. 0-fa-bo-mab. Onab-bo-kab. O-na-be-mab. Oba-nubbe. On-tab-e-mab. O-nan-cbe-tim-ab. On-te-i-tubbe. On-te-kah. Ota-kubbe. O-te-ab-tubbe. OkeJa-be-mab, Ok-la-no-wab. Ok-la-be-y ubb ee . Oon-ti-e-mab. Ok-lak-in-tubbe. Ok-lun-gee-bubbe. Ono-cbe-bubbe. Ok-li-bo-ka. Ocbee. Obe-nab. Ok-cba-tubbe. Ocbee. 0-nab-cbe-bo-yo. Oab-ta-bab-ba. Ok-la-bubbee. 0-tbab. 0-nab-tab. Oatb-la-cbe. 0-ka-ish -te-e-mab . 0-nah-be-mab. Ok-la-ho-nubbe (alias Muk-o-nubbe). Ok-cba-tubbe. Ok-la-she-bo-nah. Oon-ubbe. Ok-lah-be-mab. 0-nab-tubbe. Ok-li-ab. Oka-ish-te-mab. Oon-ab-ho-chubbe. O-ka-in-cbuck-nah. Oon-an-cha-bubbee. Oon-ab-be-mab. Ona-book-ta. Onan-cbe-bubbe. Ok-cba-tubbe. Ok-la-bubbe. Ok-le-mo-mab. Ok-lo-bab. Ok-a-yo-mab. Oo-naw-mab-e-tubbe. 0-man-too-nab. Ouu-tam-be. Oun-ab-ban-tubbee. Oun-ah-bo-yo. On-ta-cubbee. Ok-la-kin-ab. Oon-ah-hook-tab. Ok-cba-tu-nab. Oon-te-ab-tubbe. Oon-ab-bo-nab. 0-kiah-ti-me. Ok-ah-sta-mab Ok-lab-che-ho-yo. Ok-is-tan-tab. Oo-tub-ba. O-ne-mi-yab. Oo-bah-tubbe. Owa-tubbe. '. 0-nab-cbubbee. Oon-tba-bab-yo-tubbee. Og-li-mi-a. Oun-nubbee. 0-nah-cha-tubbee. 0-kah-cbe-ab. Oon-take-ubbee (alias Take-ubbe). INDIAN APPKOPEIATION BILL, 1911 31 List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. 2S, iS4;2— Continued. 0-lah-tin-tubbee. 0-gle-o-nah. Ok-is-te-mo-nah. Ok-Ia-ho-nah. Ok-ish-tal-o-hah-ho-ka. Onah-che-ham-be. Outh-la-hubbe. On-to-bah-nah. pke-lish-ti-yah. Oon-a-ham-bee. Oon-hik-ah. Ok-lan-hoo-nah. 0-ta-she-mak. Ok-labba (or Tap-pe-na-ho-ma). 0-na-ho-ka. 0-na-ham-bee. O-na-he-ma. Ok-la-ha-la. O-nab-tick-ah. O-nah-ha-mah. Oon-shu-ah-ho-ka. O-nubbe. 0-lah-hahn-cha. 0-kab-ho-te-mah . 0-nab. 0-glock-ka-yo. 0-glah-mah-ka. Oon-nock-a-mab. Oon-tock-ah-ue-ubbe. Oak-is- ta-cba. 0-nook-cha (or Onook-chubbe). Ok-i-a-cha (alias Tah-nap-pe-ho-ja). O-mab-sha. Ow-wa-cha-ho-nah. 0-gle-a-tubbee. Ok-a-ha-cbiibbee. Oon-tan-tubbee . Oth-la. 0-gla-o-ha-tubbe. 0-gla-ha-ma. 0-liit-le-to-iia. 0-pe-ah-tubbe. Ok-la-bo-tubbee. 0-ka-lan-che-hubbee. Ob-la-lah. Ok-is-tah-lo-la. Ok-la-him-ah. Ok-la-he-bibbe. Ok-chil-e-heka. Oth-la-cbubbe. On-ab-ta-kah. Og-lah-ham-lee. Ona-tubbe. Ok-li-yok-ubbe. Oli-o-ka. Ok-lab-ho-nah. Obul-in-tubbe. Ok-lo-hah. Ok-a-la-cbe (or Ish-to-pah-nubbe). Ok-lah-o-nab. Oh-ne-ho-te-ma. Ok-ish-tal-la^wab-ho-nali. Oh-to-gah-lan-tubbe . 0-gU-o. Oon-ab-tubbe (or Un-chu-tubbee). 0-na-tubbee. 0-gle-ash-ubbe. Ok-la-ka-tubbee. Ooclury, Pallas. Ooclury, George. Ooclury, Cyrus. 0-glisb-ti-yah. Oon-te-mah. Ok-ain-to-la. Pan-a-cha. Po-sho-a-tubbe. Pis-ubbe. Phillis. Pis-ha-lo-ti-ma. Pis-am-ok-an-tubbee . Pis-ak-a-chook-e-ma. Pis-a-tubbe. Pis-ab-o-te-ma. Pa-lam-a-bo-ka. Pa-shuth-lo-ke. Pa-le-sa-ho-ka. Pausb-o-nubbee. Pom-flllah. Pis-ah-ke-a-tubb ee. Pah-nab. Palla-machubbee. Pah-bah-cbo. Pis-sab-hoke-ta. Pbil-le-ti-ab. Pick-but- tab. Pal-la. Pusley. Pusk-co-cbubbee. Phil-le-kah-ja. Pis-sab-ha-mah. Po-sha-to-nubbee. Peggy. Palla, Pbil-le-mab. Peter. Pal-wah-cbubbee . Pis-tick-e-ah. Pab-lam-mah. Pis-subbee. Po-tah. Po-nubbee. Pab-sbo-nah. Pisb-tan-ta-tubbee. Pab-sha-bo-te-mah. Pickens, Rafcbel. Pe-lubba. Pa-tubbe. Pe-lubbe. Pis-ab-to-ke-mab . Pis-ab-ho-ka-tubbe. Pis-ab-le-bo-ka. Pis-ah-ho-ka-tubba. Pab-nab. Pis-ab-tik-cubbe. Pis-ab-le-ho-ka. Pis-ab-ho-ka-tubba. Pab-nab. Pis-ab-tik-cubbe. 32 INDIAN APPEOPEIATION BILL, 1917. lAst of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisior of the act of Congress of Aug. 23, 1842 — Continued. Pok-o-chubbe. Pe-sa-chte-ho-nah. Pis-ah-tim-lah. Pia-ah-hom-be. Pa-sa-chubbe. Pis-a-ho-kah-tim-ah . Pis-tek-e-ubbe. Po-tubbe. Pock-om-e-chubbe. Pock-ah-ma. Pe-le-ham-be. Pel-le-sah-ho-nah. Pis-ah-che-tubbe. Pe-ah-hubbe. Pith-le-le. Po-te-le-chubbe. Pis-te-ah-tubbe. Pun-ah. Pis-ali-tu-nali. Phe-lin-tah. Pia-ah-tim-ah. Paunch-tunah. Pis-ah-chan-tubbe. Pis-ah-ho-chubbe. Po-nok-to-Chubbe. Po-shon-she-hubbe. Pul-ke-tubbe. Pis-ab-tam-be. Pis-ah-tish-ubbe. Phe-la-cba-ho-ka. Pis-ah-tim-o-nah. Pis-ah-chim-ah. Pa-la-chubbe. Pab-lubbe. Pe-tam-o-tubbe. Pis-ah-ho-tu-na. Pis-ah-ho-ka-tim-ab . Pis-is- tubbe. Pah-lab. Po-lab. Pis-subbe. Pis-ah-cbo-ho-nah. Pis-took-chubbe. Pab-sah-che-mah. Pah-yah. Pul-ka-tubbe. Pis-ah-ho-kah-tim-ah. Pis-ah-mok-in- tubbe . Pis-ah-bo-tim-ah. Pe-he-le-tubbe. Pah-sah-ho-nah . Pon-these-tubbe . Pa-la-sa-ho-mah . Pis-ah-che-ho-yo. Pash-ah-ho-mah. Pa-sha-bo-nah. Pis-ah-ho-nah. Pie-ah-tubbe (alias Ah-pa-sa-tambe). Phil-e-mo-yah. Pis-a-ham-bee. Pa-sah-te-mah . Pe-yah-bo-ka. Pis-ah-man-tubbe. Pash-ah-ho-yo. Puk-an-ho-ka. Pi-yah-hooc-ta. Phil-e-ah-ho-yo. Phil-e-mon-te-kah. Pis-ah-cha-hubbe. Pis-sah-te-mah. Pul-le-ho-nab. Po-la-tubbe. Pis-sa-che-ho-yo . Pis-sa-ho-ka. Po-ka. Pah-lah-hubbe. Pah -ta- tubbe. Pis-sah-ho-nubbe. Pis-sa-ham-bee. Pis-sah-e-kah. Pis-sah-ho-nah. Pis-to-pun-ne. Pis-eah-te-kah. Po-tah. Pis-e-ho-temah. Pis-sah-lah-he-mah. Pun-ubbe. Paueh-ok-chi-ah. Pia-ah-to-nah. Po-ta-mah. Poush-ia-nah-ho-mah. Pis-ah-on-te-mah . Pia-took-cha. Pa-nubbe. Pis-ah-to-ahe-mah. Paush-ok-chea. Poo-tah. Pouah-is-to-nubbe . Pis-sah-che-te-mah. Poush-ia-te-nubbe. Pa-sa-tubbe. Pe-ha-tubbe. Po-tah. Phil-e-ma-hubbe. Phil-e-moon-tubbe. Phil-e-ho-nubbe. Pa-sa-tom-ba. Poah-e-mah. Pia-a-cha-tubbe. Posh-an-o-wabbee. Paa-cum-me. Paush-ik-ish-o. Pul-ka. Pis-sah-ka-to-nah. Pis-ah-ta-cubbe. Pis-te-ah. Paah-i-o-nah. Phil-e-moon-tubbe. Pash-ish-te-ubbe. Pia-i-to-kubbee. Pis-took-chah. Po-ais-ti-yah. Pjs-sah-te-mah. Pul-lah. Pie-aah-mock-an-tubbe . Po-shah-tubbee. Pa-sah-ho-nah. Peg-ga. INDIAN APPEOPBIATION BILL, 1911. 33 List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. 2S, 1842 — Continued. Po-tho-tah. Pa-sam-bee. Phil-le-ah. Pus-sah-kah. Pis-sah-koke-ah-ta-mah. Pis-ah-kah. Po-shut-tah. Pis-am-be. Pe-le-chubbe. Pis-ah-tim-ah. Posh-a-ma-ta-ka. Pis-ah-ti-ah . Pis-ah-o-gla. Po-tubbe. Pa-sah-ho-nah. Po-nah. Pis-ah-ish-no-wah. Pis-ah-ho-min-ah. Pes-ta-ge. Pah-na. Pe-no-la-Perry. Pis-a-tubbee. Po-to-tubbe. Pe-ah-shubbee. Pis-sah-hah-tiibbe . Pah-sho-nah. Pis-sah-nah-to-nab . Po-shah-loke-ta (or Po-shock-ta). Pockin-am-bee. Pis-hubbee. Paah-ho-mah. Pocka-na-yah. Pe-tah. Pis-sah-tubbee. Pan-shisk-tu-na. Pi-al-e-ho-ka. Pis-a-to-nubbee. Pa-shub-ba-tubbee . Po-cbam-ba. Pa-sa-chubbee. Pis-a-be-tubbee. Posli-a-mus-tubbee. Pi-sa-te-a. Pis-aho-ka-tubbee . Peter. Puck-chuubbee . Puth-kin-tubbee . Pan-she-o-ha. Pa-subbee. Pah-ha-mah. Peel-ab-tubbee. Pia-ab-to-cubbee. Po-tubbee. Pia-tah-ho-nah. Pis-ab-ho-nah. Pis-ah-ho-ka-to-nah . Pok-ah-la-ho-nab . Pis-ah-te-mah. Po-sbe-mah. Pa-sha-ho-to-na. Pis-ah-jah. Poc-ah-loop-ka. Pis-at-i-ah. Pis-ah-che-ho-nah . Pone-lab. Pia-took-chab. Poush-isb-to-nah . Pis-ah-she-te-mah . Pa-aah-ho-nah. Pia-ah-han-bee. Pis-aah-ho-to-mah . Pis-aah-ham-be. Po-to-tubbe. Pis-at-am-te-mah . Phil-e-men-tu-nah . Pia-aah-che-bubbee. Pil-ah-tubbe. Poon-tah. Peas-tubbe. Pia-ah-ha-lubbe . Pa-chubbe (or La-pa-chubbee). Pia-ah-tubbee. Po-ahe-mah. Pen-mia-aah. Polly. Quah-na. Quiah-tut-tah. Row-le. Raybarn. Sah-o-yo. Syla. Smith. Shi-mi-ah. Sukey. Sophy. Sampaon. Suaa. Shok-ta. Socka. Span-a-min-go. Stela. Stay matubbee. Stan-ti-ma. Si.e-na. Syop-a-tubbee. Shuk-a-tubbee. Sta-ta-be-ma. Ste-a-ho-te-ma. So-kin-nah. Stam-mah-ban-to-mah . Sbock-ko-yea. Shin-e-ah. Sina. Stim-ah-ha-tubbee . Stah-tubbee. Silia. Sta-ah-nubbee. Stil-la-chubbee. Sha-ho-ka. Sho-na-ho-ke-ta- (or Cuah-ho-nah). Sam. Sarah . Sho-mi-yah. Suckey. Sully-ho-yo. Sto-nah-cbubbee . Sutte. Stah-na. 2.5134 — ^PT 4 — 16- 34 INDIAN APPEOPKIATION BILL, 1917. List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisiont of the act of Congress of Aug. 23, 184t — Continued. Shum-to-nah. Sah-ho-nah. Shah-lah-tah. Sofa. Sho-mo-lahka. Sah-la. Sha-mah-ho-yo. Sill-la-ho-nah. Sak-e-tim-ah. She-mah-la-to-nah . Sha-ka-pa-ho-nah . Sho-tubbe. Sal-la. Suck-a. Sham-pa-no-ka. Sam-me. Sho-nah. Sah-un-me-ho-ka . Sho-tim-ah. She-ko-pah-ho-mali . Sah-tubbe (or Pish-tubbe). She-ne-po-tubbe. Sbo-te-mah. Shum-pa-la (or Ohumk-ul-a-ka). Shan-io-tubbe. Sbam-pi-e. Stah-nubbe. Sho-nah. Sile. Sba-ne-kia. She-se. Sham-ta-ho-ka. Sho-moon-tah. Sho-mali-la-tubbe . Ste-mok-ka-yo. Sbe-mah-ho-yo. Sha-ka-ho-mah, Sbe-mah. Stah-bo-nah. Shon-wa-no. Stuk-a-tubbe. Shu-wak-ki-yah. She-mi-yah. Stoo-nofc-a. Ste-ma-lah. Stu-na. Sal-He. Stea-le. She-ma. Sho-tubbe. So-kutchi. She-co-pam-be. Shi-ah-kah. Sal-le-ok-ka. Sok-ka-ti-ah. Shah-ni-o-tubbe. Sally. Sal-lie. Sho-mah-ho-ka. Sham-bee. Sak-ka-tubbe. Sho-tubbee. Sum-e-hah-chubbe . She-co-pan-she-hubbe. Sha-nook-a. So-ma-ka. Sock-ki-a. . Si-a-na. Sah-chah-ho-nah . Sal-la. She-me-ho-ka. She-co-pah-lo-mah . Shim-to-nah. Sa-ho-yo. Shi-ka-jo-na-wa. Ste-ma-ho-yo. Solomon. Shah-pa- ja. Shi-yah. Sham-pi-o-nah. Sal-la. Smith. Shah-pah-ho-mah . Shah-mah. Sah-mi-o-ka. Sho-nak. Se-a-no-la. Sta-fa-na. Ste-a-tubbee. Si-e-la. Sta-lubbe. Sally. Sho-wa. Ste-ma-ho-yo-ho-na . Stan-cha (alias Ste-ma-ya, alias Kon-che). Sham-pi-a. Sti-ma-la. Sa-ba-la. Sinah. Si-na. Shah-nah. Sham-tah-o-ka. Sah-ho-ba. Ste-ah-ho-ka. Sho-tubbee. Si-la. Tan-a-bon-ubbe. Tan-e-cha. Tan-a-chee. Tho-po-nubbe. Tom-pe-i-a. Tem-mepa-pona . Tik-conubbee. Tis-ho-chi-le-ta. Tahubbee. To-ta-ho-yo. Ta-ho-na. Te-i-ya. Tik-pa-tubbee. Tus-cubbee-ha. Tus-ka-em-itta. Tam-a-ho-ta-na (alias Stam-a-ho-to-na). Tik-lo-nubbee. Tis-pa-ham-ba (alias Tis-ho-ham-ba). Tik-beia. Tem-a-ka. Tam-a-ho-na. Tal-a-ho-na. Tam-a-tubbee. Tuk-a-larma-ho-na. INDIAN" APPEOPEIATION BILL, lai?. 35 lAst of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisions of the Mt of Congress of Aug. 2S, iS^2— Continued. To-ta-ho-ma. Tillo-watubbe. To-lin-cha. To-ah-e-min-tubbee. Ti-yah. Tish-o-ham-bee. Thock-o-fa-tubbee (or Thock-o-tubee). To-che-ah. Tah-hock-a-ma-tubbee. To-mah-la-chah. Ta-cubbee. To-ma. Ta-hu-te-mah. To-ko-tah. Tish-o-pam-bee. Tal- wab-ham-bee . Tus-ki-ah-leek-ah. Tick-a-lin-tubbee. Tick-but-tah. Tith-la-ho-nab. Tim-am-ho-tubbee . Tennepee. Thompson. To-no-wah. To-nah. Ti-ee-uah. Tah-bo-yo. To-cha. Tock-ah-la- to-nah. Ta-cubbee. Toek-ki-ah-chah-ho-nah . Tah-ho-nah. Ta-mah. Te-mi-y ah-tubbee . To-mah-ho-yo. Tim-min-ta-hubbee. Tah-ho-ka. Tuah-a-min-tiibbee. Tah-ho-la-tubbee. To-ki-ah-Cames. Tish-ah-ho-nubbee . Tick-lam-bee. Tak-ho-ka. To-pah. To-mah-ho-nubbee. To-no-te-mah. Ta-ba-cha. Tille-mah. Tah-no-wah. To-me-hattah. Tick-be-too-lah. To-tubbe. Took-la-he-mah. Tith-ho-tubbee. To-ma. Ton-ubbee. Tah-pe-chubbe. Tosho-ah-ho-nah . Tak-a^-lam-be. TharO-hubbee. Thlo-po-tubbe. Tah-ish-cam-be. Te-aske-ho-mah. Tim-ah-ha-tubbe . Tin-lah. Tam-bee (alias Pia-tam-bee.) Tah-ho-uah. To-ni-ya. Tub-be-ce. Tack-ah-lam-be . Te-lan-ah-che. Tah-h o-y ah-h o-nah . Tick-ba-ho-nah. Tush-ho-nah-tah. Tah-he-kah. Te-me-ak-ke. Ta-to-bah. To-no-lio-ka. Tik-e-tim-ah. Tah-liah-ba. Tah-bc-kah. To-sho-yo-ho-nah . Tan-ue-too-nah. To-hubbe. Tan-tubbe. To-chubbe. Tith-le-le. Too-lah-tubbe. Ta-cubbe. To-ho-nah-te-mah. Te-ho-bah-tubbee. Tith-li-ah-ho-nah. Tah-lo-wah. To-nah. Tah-pe-nah. Tim-o-nah. Tith-lo-o-mte-ah. Tim-ma-la-ha-cha . Tah-pah-lah. Te-he-kah. Te-ah-ho-nah. Tith-le-le-ho-ka. Tish-o-pi-ah. Te-mah-lah-chee. Tah-nah-ho-nah. Te-mah-lah. Thlo-pulla. Tish-o-no-wah-tubbe. Tik-ba-ho-tubbe. Ta-nam-po-tubbe . Tone-ubbe. Tak-al-ah-tim-ah. Ta-shu-tubbe. Tik-ba-ho-tubbe. Tah-ho-ye. Tusko-lotto. To-nah. Tack-cubbe. Te-mi-ah-ho-yo. Tan-pe-na-hubbe. To-la-ho-nah. To-ba. Tish-u-no-wa-tubbe. Tom-e-hi-yo. Tim-ah-no-la. Tik-bah-ho-nah. Tan-oon-i-o-cubbe. Took-a-chubbe. 36 INDIAN APPEOPBIATION BILL, 1917. List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisioTUi of the act of Congress of Aug. ^3, 184^ — Continued. Tick-e-bah. Tick-lah-oo-nah . Tan-up-pi-yah. Tah-Jio-nah. Tah-Hubbe. Took-a-loon-tubbe . To-te-mua-tubbe. Tik-li-yah. Tal-lo- wah-ho-nali . Took-la-ho-na. To-bab-tam-ya. Tah-neen-cba. Tok-ka-la-too-nah . Tah-bo-nah. Te-mab-be-mali. Tah-ka-la-to-nah. Tah-bubbe. Tal-wah. Ta-hubbe. To-ah. To-ni-a. Te-bab-noo-kubbe . Tab-nin-to-nah. Tik-e-lah. Tah-bo-nah. Tah-nap-ha-cubbe. Te-mah-tam-be. Tah-ne-bo-nab. Tus-ka-a-to-kah. Take-ho-yo. Tah-hubbe. To-bul-la. To-te-pi-ya. Tah-no-wab. Tab-we-wah-ho-nah . Tik-lo-nubbe. To-noon-cha. Te-me-ah-bo-nah . To-pe-lah. Toon-Iah-ho-nab. Tah-mah-hoke-cbiah. Tan-ke-yo. Tab-mah-ba-lubbe. To-te-bo-yo. Tah-e-min-tubbe . Tah-mah-le-lubbe . Te-Iubba. Tellis. Tik-bone-te-mah. Tik-bab-be-mah. To-me-hubbe. Tib-bah-ubbe. Took-la-bo-na. Te-mo-nah. Tish-ok-cbia. Tok-o-la-tubbe. Tasb-pa-bo-ka. Te-mah. To-kal-la-tubbe. To-lah-tubbe. To-kah-ho-nah. Te-ho-yo. Tike-be-ubbe. Tim-e-tubbe. Te-mi-yea. To-pa-ho-mah. Ti-yea. Te-nab. Tal-o-wab-bo-nah. Tal-ne-ho-yo. Te-mah. Toon-la-ho-nab. To-ho-lah. Tah-bc-n'ah. Te-mah. To-lah-bubbe. Ta-she-co. Te-ok-bo-mah. To-hee-le. Tab-tbe-bo-nah. Tash-pab-tubbe. Te-meen-tab-ho-nah. Tebbe-ho-mah. Tus-co-cbi-am-be. To-kah. Too-nab. Tin-to-tubbe. Tik-lah-tubbe. Tam-mo. Te-mam-ba. Ta-bo-kah. Ta-ho-nah. Te-ho-yo. Tusb-pab-tubbe , Tab-nubbe. Tibbe-ho-nah. Titb-i-o-tubbe. To-lab-ho-nab. To-ne. Took-ah-lam-be. To-wah-noo-hah . Ta-wamp-ba-cubbe. To-sho-yo-tubbe. Tan-e-tubbee. Tim-ab-no-la-bo-nah. Te-ab-ho-yo. Tath-le-yo. Take-un-i-ye. Tan-u-wa-ho-nah . Ti-o-nah. Tus-ka-ba-kah. Te-lo-way. Te-tbe-uiabe. Tusb-kam-ba. Tah-pe-nam-be. Tish-o-mus-tubbe. Ta-nam-pia-te-ubbe. Te-lab-ho-nah. Thla-ko-fa-che. To-tam-bee. Tuah-pa-o-ka. Ti-am-ba. Tab-no-le. Tah-ho-ye. Tan-uth-la-che. Ta-nam-pa-ba-ka . Tith-lah-ho-nah. Tonk-le. INDIAN APPEOPKIATION BILL, IDlT. 37 List of Mississippi Choctaw Indians in'whose behalf scrip was issued under the provisions of the act of Congress j)f Aug. 23, 1842 — Continued. Tal--wah-ho-nah . To-pah-ho-nah. Te-ho-mus-tubbee . Tan-o-wa-tubbe. Tik-lo-nubbee. Tab-fa-mah. To-nam-pish-ubbe. Tab-nin-tubbe. To-nubbee. Te-cumseh. Taylor, Peggy. To-nah. Ti-o ck-he-im-lubbee . To-ke-o-to-nab. Taylor, Pirena, Taylor, Hester A. Taylor, David F. Tal-wah-to-nab. Te-mab-lab. Te-a-be (or Is-te-an). Ta-ka. Tick-bone-tab-yubbe (orbubbe). Tik-ab-lut-tah. To-tubbe. Te-me-ho-ka. Ta-pe-ne-bubbe . Tisb-o-tubbe. Tus-kam-bee. Ta-nam-pa-cba. Te-ab-bo-yo. Tab-bubbe. Tab-me-ne-lubbe . Te-ma-yo-la. Tap-pe-na-ho-ma. Thomas. Tan-ti-ma. To-kubbee. Tuk-a-lubbee. Tock-o-la-tubbe. Tus-ka-chuck-ab-mab. Tab-la-ho-lubbe. Tusb-cubbe (or Tus-cuppa). Tab-na-bin-po. To-nubbe. Tus-ka-ho-ma. To-bah. Ta-hol-ba-tubbe. Tisb-o-bam-bee. Te-ab-pahn-tah. Tab-U-yah. Took-lab-bee. Tus-sab-hab. Tab-nap-pe-ho-ja. Titb-le-tam-be. Tbo-po-tubbee. Tus-sa-ba. Tan-na-pisb-wa . Ta-mo-la-bo-na. Tal-la-bubbee. Titb-lo-ya. To-ta. Ta-bom-ba. Titb-a^la. Tish-a-ko-nubbee . Ta-mo-a-bo-na. Tap-pa-non-che-a . Tus-ca-no-la. Tal-la-wa-bo-na. Tish-o-emitta. Tisb-o-chi-le-ta. Tuk-a-la-nubbee. Tom. Tal-wah-ho-ke-ta . Te-mab. Un-me-bab-to-nab . Un-ah. Un-tah-she-mah . Un-nab-cbe-be-mab. Un-ta-ho-te-mab. Un-tab-tubbe. Ul-la-che-mab. Un-ah-to-lubbe. Un-te-ah-tubbe . U-lan-Ie-tubbe. Un-te-cum-e-ubbe . U-we-te-mab. Un-ah-to-lubbe. TJn-ab-le-ho-ka. Un-te-ab. TJn-tah-tubbe. Un-te-chubbe. Un-che-le. Ulth-la-bo-nab. Un-te-mah-ho-nab . Ush-wab-ho-nab . Ut-tut-te-mab. Us-tah-hi-ah. Ultb-lo-tah. Un-ab-timab, Ut-tut-e-mab. Ul-ab-we-lah (or Ab-bo-we-la). Utul-bee (or His-tubbee, alias Shoat). Usb-we-tubbee.. Up-pa-bubbee. Un-ah-tubbee. Wak-a-tubee. Was-kin. Wa-ta-bo-yo. Washington. Wesley. Wa-to-bo-yo. Winna. Wausa. Wallace. Wale. Ward, Nicholas. Wab-ha-cbab. Wilson, Tom. Wi-o-ka. Wab-ki-o-nubbee. William. Wilson. Wab-ah-o-tubbe. We-ab-isb-to-nab. Wak-ab-cbe-bo-yo . Wak-ah-tubbe. Wab-kab-tubbe. Mr. 38 INDIAN APPEOPBIATION BILL, IQl"?. List of Mississippi Choctaw Indians in whose behalf scrip was issued under the provisions of the act of Congress of Aug. tS, 184^ — Continued. Wak-ah-ho-nah . Wa-tubbe (or Oan-wab-tubbe) . Wah-kah-a-te-mah. Wash-ko-mah. Wa-li. Wah-li (or Billy). Wal-Iee. Wak-a-tu-nah. Wa-te-mah. Wak-i-chubbee. Wak-i-e-to-nah. Wak-i-o-tubbe. Win-ne. Wizy. Wah-tubbe. Wak-a-to-nah. Wak-io-nubbe. Way-tubbe. Way-ta-ho-nah. Way-te-mah. Wah-ki-ah. Wa-Ia-ho-nab . William. Wab-kin. Willis. Wah-tubbe. Wak-is-tubbee. We-tuck-eeu-lubbee . Wak-ka-te-i-a. Wak-i-ah-te-ah. Walls. Wak-kin. William. Washington Win-na. Wak-a-tubbee. Wa-ka-i-on-ubbee. Wacka-ya. Wa-a-ho-na. Wa-chah. Wah-ka-ho-ke-tali. Wah-ki-o-tubbe. We-ah-ho-nah. Wa-te-mah. Way-tubbe. Yalla-ma. Yim-me-tubbee. Yaco-tona. Yo-k-odee-tubbee. Yaccomma. Ya-co-to-na. Yak-on-tubbee. Yo-ca-ta. Yimma-ho-ka. Yimma-tubbee. Yac-o-tam-ba. Yak-a-hajo. Ya-ka-pa. Yim-ma. Yim-min-tah. Yock-a-tubbee. Yock-a-ma-.tubbee. Yock-a-ma-tubbee. Yocko-tah-nubbee. Yo-kah., or Tiyah. Yow-wah-to-nah . Yun-ma. Yon-ah-ti-kah. Ye-min-tah-ho-nah. Yok-o-tim-ah. Yem-e-ti-ah. Yim-ish-lah-nah . Yok-o-tubbee. Yok-ko. Yok-o-me-too-nah. Yok-o-me-cha-ho-nah. Yem-e-ti-ah. Yo-bah-tubbee. Yim-mo-nubbee. Yok-o-me-tim-ah. Yok-io-tim-ah. Yum-ah-to-nab . Yem-ah-ho-ka. Yok-ah-ho-nah. Yo-ba. Yew-o-nubbe. Yok-ah-ham-be . Yo-hubbe. Yon-ah. Yon-ah-tah. Yon-wah. Yun-e-chubbe. Yok-a-tubbe. Yan-ish-lak-nah . Yok-ah-to-nah. Yok-o-te-mahi. Yo-pal-lah. Yok-me-tam-be. Yol-nubbe. Yok-no-la. Yem-ak-ah-tubbe. Yem-e-tnbbe. Yok-ah-tubbee. Ye-me-tubbe. Yah-mak-in-tubbe. Yam-moon-tubbee. Ye-ah-tam-bee. Yazoo-ho-pi-a. Yok-me-tubbee. Yah-kubbee. Yem-e-tubbe. Yok-a-tam-be. Yok-mi-ti-ah. Yock-ma-chubbee. Yim-min-tubb ee . Yim-mah-ho-wah . Yok-ko-me-ah. Yock-ah. Yok-a-tam-bee. Yo-ka. Yahk. Yo-pul-lah-ho-nah . Yok-o-ta-hah-chubbee. Ya-ta. Yo-ca-chubbee. Yah-ho-ka-te-nali . Yock-a-te-nah. INDIAH APPEOPEIATION BILL, 1917. 39 Mr. MuRKAY. There is a public document giving them, too. Mr. Ferris. Yes, there is a pubUc document, but I got these from the Indian Office. Mr. Dill. When was the act of Congress passed ? Mr. Ferris. I tliink it was in 1 837. Mr. HL^RRisoN. The scrip proposition was in 1842. Mr. Ferris. What actually happened was this: The Indians that remamed first had a series of years when they could take land if they wanted it, and in large areas, and there were 10,000,000 acres remain- ing there to give it to them, but only 143 families would exercise that nght. Then Congress came along in 1842 and said, "if you won't take the actual land we wiU give it to you anyhow by scrip." This, Congress did, and they received it and there is and can be no doubt about it. Mr. Murray. They left them 10,000,000 acres to take from. They only got a total of 11,000,000. Mr. Ferris. That is true. Mr. Harrison. The scrip was issued with the understanding that half of it should be issued in Mississippi and the other half in Okla- homa. Mr. Ferris. That is true. The other 3,400 out of the approxi- mately 4,000 went over and got the rest of its money at $1.25 an acre. And their names are here. Nearly all of them emigrated to Oklahoma after they had received land in Mississippi and became full beneficiaries in Oklahoma also. Now, gentlemen, here is the attitude of these people — these treaty relations with these people happened almost 1 00 years ago — 96 years ago — these Indians, a good many of them, had been over to Oklar homa at one time and another and received not only their pro rata in Mississippi but likewise received certain lands and payments in Oklahoma. Then some of them journeyed back to Mississippi where they desired to live. Their descendants live there now. Of course the treaty Indians are long since dead. One hundred years have elapsed since then, but their scattering and remnant descendants, mixed blood, intermarried with every people on earth, are stUl there. Dropping back now to the fourteenth article, which is the only claim that they have ever claimed or had — it is all that Senator John Sharp Williams, or that Mr. Harrison makes, and if they have any rights at all it is under that. Now my colleagues and I from Oklahoma might teU you one thing, and the Members from Mississippi would tell you still another thing. Now let us see what the courts will teU us, and let us see what the Secretaries of the Interior tell us, what the Dawes Commission tells us, all dealing with this precise section 14. Members of the committee who have not given great attention to this might well go astrajr following me; they might perchance go astray following the Mississippi delegation, but certainly they can not go astray if they follow the courts empowered to pass upon this thing when it does pass upon it. I hold in my hand an exact copy of the Jack Amos decision, which is the decision of a Federal court passing on this precise section 14 of the treaty of 1837. This case arose in the regular way. Jack Amos, a full-blood Mississippi Choctaw m 1896, with 97 full-blood Choctaw Indians came before the Dawes Commission in Oklahoma and said, "We are unwilling to remove to Oklahoma, but under the 40 INDIAN APPEOPBIATION BILL, 1917. fourteenth article we are entitled to stay in Mississippi and enjoy the fuU rights of citizenship. They said by their petitions and by their argument then precisely what Mr. Harrision says now. JACK AMOS BT AL. AGAINST THE CHOCTAW NATION. In this case the proof shows that the claimants are Choctaw Indians by blood now Jiving in the State of Mississippi; that neither they nor their ancestors have ever ■removed into the present Choctaw Nation. The claimants base their right to be enrolled as Choctaw citizens upon the term of the second and fourteenth articles of the treaty negotiated at Dancing Rabbit Creek on September 27, 1830, and of the conditions of the patent to the lands of the Choctaw Nation executed by President Tyler in the year 1842. (Durant Ed. Choctaw Laws, p. «1.) Articles 2 and 14 of the treaty of 1830 are as follows: "Art. 2. The United States, under a grant specially to be made by the President of the United States, shall cause to be conveyed to the Choctaw Nation a tract of country west of the Mississippi River in fee simple to them and their descendants, to inure to them while they shall exist as a nation and live on it, beginning near Fort Smith, Where the Arkansas boundary crosses the Arkansas River, running thence to the source of the Canadian Fork, if in the limits of the United States, or to those limits; thence due south to Red River, and down Red River to the west boundary of the Terri- tory of Arkansas; thence north along that line to the beginning, the boundary of the Bame to be agreeable to the treaty made and concluded at Washington City in the year 1825. The grant to be executed so soon as the present treaty shall be ratified. "Art. 14. Each Choctaw head of a family being_ desirous to remain and become a d-tizen of the States shall be permitted to do so by signifying his intention to the agent ■within six months from the ratification of this treaty; and he or she shall thereupon be entitled to a reservation of one section of 640 acres of land, to be bounded by sectional lines of survey; in like manner shall be entitled to one-half of that quantity for each Tinmarried child which is living with him over 10 years of age, and a quarter section to BUch child as may be under 10 years of age, to adjoin the location of the parent. If they reside upon said lands, intending to become citizens of the States, for five years after the ratification of this treaty, in that case a grant in fee simple shall issue. Said reser- vation shall include the present improvements of the head of the family or a portion of It. Persons who claim under this article shall not lose the privilege of a Choctaw citizen, but, if they ever remove, are not to be entitled to any portion of the Choctaw annuity." The conditions of article 2 of the treaty, that the land should be conveyed "to the Choctaw Nation in fee simple to them and their descendants, to inure to them while they shall exist as a nation and live on it," are carried into the patent, and are the only portions of that instrument which shed any light on the question now being considered, and therefore article 2 and the conditions of the patent may be consLderd together. The whole object of the treaty of 1830 was to procure the removal, as far as practi- cable, of the Choctaw people to the lands west of the Mississippi which they now occupy. The Supreme Court of the United States, in the case of the Choctaw Nation V. United States (119 U. S., 36), after reviewing the treaties of 1820 and 1825, says: . "In the meantime, however, under the pressure of the demand for settlement of the unoccupied lands of the State of Mississippi by emigrants from other States, the policy of the United States in respect to the Indian tribes still dwelling within its borders underwent a change, and it became desirable, by a new treaty, to effect, aa far as practicable, the removal of the whole body of the Choctaw Nation, as a tribe, from the limits of the State to the lands which had been ceded to them west of the Mississippi River. To carry out that policy the treaty of 1830 was negotiated." Again in the case, page 27, the court says: "It is notorious as a historical fact, as it abundantly appears from the records of this case, that great pressure had to be brought to bear upon the Indians to effect their removal, and the whole treaty was evidently and purposely executed not so rmich to secure to the Indians the rights for which they had stipulated as to effectuate the policy of the United States in regard to their removal." Article 3 of the treaty of 1830 stipulates that the Choctaws agree to remove all of their people during the years 1831, 1832, and 1833 to those lands. (7 Stat. L., 333.) Article 14 of the treaty, however, provides for certain privileges and rights for those who might choose to remain in Mississippi with a view to becoming citizens of that State. They and their descendants were to receive certain lands and, after living on INDIAN APPBOPKIATION BILL, 1911. 41 them for five years, intending to become citizens of the State, those lands were to b3 granted to them in fee simple. Then follows this very peculiar clause: "Persons who claim under this article shall not lose the privilege of a Choctaw citizen, but if they ever remove are not to be entitled to any portion of the Choctaw annuity," The difficulty in construing this clause of the treaty is to ascertain the meaning of the word "remove." To what does it relate and how shall we give it meaning? It certainly does not purpose to impose a penalty on the Choctaw who may choose to remove for removing, and for that reason forfeit his right to the annuity, 'because, so long as he remained in Mississippi he was not entitled to any annuity, and, there- fore, by removing he could not forfeit that which he did not have. If he removed, he was to have no annuity, and if he remained he was to have no annuity. It is evident, therefore, that the word was not used for the purpose of forfeiting the annuity in case of removal. Then, what are its uses? The very object of the treaty was to procure a removal of these people. The whole of the Choctaw Nation, with all of its sovereignty, its powers, and its duties, was to be transferred beyond the Mississippi. It was to exercise its powers, confer its privileges, and maintain the citizenship of its people in another place. Those who were left behind were to retain not this Choctaw citizenship out only the "privileges of a Choctaw citizen." That is, that when they put themselves into a position that these privileges could be conferred upon them they were to have them, and under the conditions and purposes of this treaty how would it be possible for them to put themselves in such a position without first removing within the territorial jurisdiction of the Choctaw Nation and within the sphere of its powers? What privi- lege would it be possible for the Choctaw Nation to confer, or a Mississippi Choctaw to receive, so long as he remained in Mississippi and out of the limits of the Choctaw Nation? By the very terms of the treaty they were to become citizens of another State, owing allegiance to and receiving protection from another sovereignty. If one Mississippi Choctaw were to commit a wrong against the person or property of another, the right would be enforced and the wrong redressed under the laws of Mis- sissippi. The Choctaw Nation would be powerless to act in such a case. The Choc- taws in that State can not vote, sit as jtirors, or hold office as a Choctaw citizen or receive any other benefit or privilege as such. They can not participate in the rents and profits of the lands of the Choctaw Nation, because by the \rery terms of the grant the Choctaw people and their descendants must live upon them. If they do not, it is an act of forfeiture, made so by the provisions of article 2 of the treaty of 1830, and also of those of the patent to their lands afterwards executed. The title of the Choctaw people to their lands is a condidonal one, and one of the conditions of the grant, expressed in both the second article of the treaty of 1830 and the patent, is that the grantee shall live upon them. And who are the grantees? Who are these people who are to live upon the land? Unquestionably the Choctaw people and their descendants; for, while the grant is to the Choctaw Nation, the people seem to be included, both as grantees and beneficiaries. The language of the treaty is, and it is carried into the patent: "The President of the United States shall cause to be conveyed to the Choctaw Nation a tract of country west of the Mississippi River, in fee simple, to them and their descendants, to inure to them while they shall exist as a nation and live on it." The Choctaw Nation is not "them" and can not have "descendants." And while it may exercise its sovereignty and its national powers within certain defineci terri- torial limits, it can not "live on land." Those provisions of the grant which are expressed in the plural and attach to "descendants" and which require as a condi- tion that the land shall be lived on beyond doubt refer to the Choctaw people and their descendants. Whatever effect upon the title the limitation upon the rights of alienation expressed in the patent, so that the lands can not be sold except to the grantor or by its consent, may have, there can be no question but that the second article of the treaty of 1830, negotiated 12 years before the execution of the patent, and in which no limitation on the right of alienation is expressed, was intended to convey a fee-simple title, burdened by two conditions subsequent, the one that the grantees should continue the corporate existence of their nation, and the other that the people of that nation and their descendants should forever live upon the land. A failure of either would work a forfeiture of the title to the grantor. Now why was it that this fee-simple title was to be burdened by the condition that the grantee must live on the land? In the light of the knowledge of the conditions that then existed the answer is plain. The policy of the Federal Government at that time relating to the Indian tribes, was to move them upon a reservation and keep them there; and if the Indians, either singly or in numbers, should stray off, soldiers with guns and bayonets were used to drive them back. This very treaty was negotiated 42 INDIAN APPEOPEIATION BILL, WIT. with the Ohoctaws for that very purpose. Hence the condition in the grant that they should live on the land or it should be subject to forfeiture to the United btates. This condition was inserted for two reasons: First, to compel the grantees to remove upon the lands; and, second, to compel them to remain on them after removal. It was not intended that some should go and locate on the lands and hold the title for themselves and also for the others who should choose to remain. This would defeat the very object of the conditions. These lands were conveyed to the Choctaw people to be held by them as tenants in common. This intention of the second article of the treaty of 1830 is expressed by the use of the words "them and their descendants" and of the clause that they were to "live on the land." Both of these clauses are expressed in the plural, and evidently do not relate to the nation as a corporate body. That a tenancy in common was intended is made clear by a consideration of section 3 of an act of Congress entitled "An act to provide for an exchange of lands with the Indians residing in any of the States or Territories, and for their removal west of the Mississippi River," approved May 28, 1830 (4 U. S. Stat. L., 412). The section reads as follows: "And be it further enacted, That in the making of any such exchange or exchanges it shall and may be lawful for the President solemnly to assure the tribe or nation with which the exchange is made that the United States will forever seciire and guarantee to them and their heirs or successors the country so exchanged with them and, if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same: Provided always, That such lands shall revert to the United States if the Indians become extinct or abandon the same." At the time the treaty of 1830 was negotiated (Sept. 29, 1 830) this act had been on the statute books of the United States for four months, and as a matter of course the commissioners to negotiate the treaty were familiar with it. But the language used in this act to limit the estate is "to them, their heirs, or successors." The language used in the treaty to limit the estate therein granted is "in fee simple to them and their descendants," and then conditions are attached not named in the statute. 'Why the word "successors" was left out of the treaty is plain, but why the word "heirs was changed to the word "descendants," unless it was that a word should be used within the comprehension of those untutored Indians, who knew nothing of the tech- nical phrasing of the common law used in the conveyance of real estate, is not easy to determine. The word "successors" was omitted from the treaty because by its terms the Choctaw Nation was to have no successors. They were to live on the land forever or it should be forfeited to the grantor. When the technical words "succes- sors" and "heirs" were dropped and the common word "descendants" was used, these Indians could understand it. They knew that they and their offspring were. It was to them — the people and their children — that the land was sold; and when the condition was added that the grant was to be made to them and their descendants only in the event that they should live upon the lands, they could not but understand that this implied a removal to and a continual residence upon them. As a further evidence that the parties understood that by this transaction the land was to be held in common by the people, the treaty of 1833, article 1, provides, after describing the lands, as follows: "And pursuant to an act of Congress approved May 28, 1830, the United States do hereby forever secure and guarantee the lands embraced within the said limits to the members of the Choctaw and Chickasaw tribes, their heirs and successors, to be held in common, so that each and every member of either tribe shall have an equal undi- vided interest in the whole: Provided, however, No part thereof shall ever he sold without the consent of both tribes and that said land shall revert to the United States if said Indians and their heirs become extinct or abandon the same." (4 U. S. Stat. L., 276.) If this be true there is no holding in trust by the corporate body of the Choctaw Nation for the benefit of the people, but the people themselves have the title and hold in common. "A tenancy in common is a joint estate in which there is unity of possession but separate and distinct title. The tenants have separate and independent freeholds or leaseholds in their respective share, which they^ manage and dispose of as freely as if the estate was one in severalty. * * * xhe interest of one tenant in common is so independent of that of his cotenant that in a joint conveyance of the estate it would be treated as a grant to each of his own share of the. estate." (Tiedeman on Real Property, 235.) And therefore any condition of the grant would be as binding on each of the tenants in common as if the estate was in severalty and vested in the individual tenant. And therefore the condition named in the second article of the treaty of 1830 and in the INDIAN APPEOPEIATION BILL, 1^11. 43 patent, that "they shall live on the land," is binding individually upon each and upon all of the grantees. In the third article of the treaty the Choctaws agreed to move all of their people withm three years, and the United States intended that they should go. But, by the fourteenth article of the treaty, provisions were made whereby those who should decide to remain and become citizens of the State of Mississippi, in the event that, because of the intolerance and persecution of the whites, which they themselves had so bitterly experienced, or for any other cause, they might become dissatisfied with their altered conditions and their new citizenship and desire to follow them to their new homes and thereafter exercise with them in their own country the privi- eges of citizenship they could do so, except that they were not to participate with them in their annuities, the lands which they were to receive in Mississippi being deemed a compensation for that. When the fourteenth article of the treaty was framed the negotiating parties under- stood that the policy of the United States was that the Choctaws were to be removed. The Choctaws, in article 3, had just agreed that they should all go. The ink was not yet dry in article 2, whereby the condition was placed in this grant to the lands that they should live upon them or they should be forfeited, and that no privilege of citizenship could be conferred or enjoyed outside of the territorial jurisdiction of their newly acquired nation. Understanding these conditions, the latter clause of article 14 was penned : "Persons who claim under this article shall not lose the privilege of a Choctaw citizen, but if they ever remove — that is, if they ever place themselves on the land and within the jurisdiction of the nation whereby those privileges may become opera- tive — are not to be entitled to any portion of the Choctaw annuity. ' ' In other words, if they ever remove, they are to enjoy all of the privileges of a Choctaw citizen except that of participating in their annuities. If this be not the meaning to be attached to the word "remove" as used in the clause of the treaty under consideration, it must be meaningless. But in the interpretation of statutes it is the duty of the court to so interpret them as to give every word a meaning, and, in doing so, it must take into consideration the whole statute, its objects and purposes, the rights which are intended to be enforced and the evils intended to be remedied; it may go to the history of the transaction about which the legislation is had and call to its aid all legitimate facts proven or of which the courts will take judicial notice in order to find the true meaning of the word as used in the statute. Of course, the same rule of interpretation applies to treaties. Adopting these rules in the interpretation of article 14 of the treaty of 1830, I arrive at the conclusion that the "privilege of a Choctaw citizen" therein reserved to those Choctaws who shall remain, thereby separating themselves, it may be forever, from their brethren and their nation, becom- ing citizens of another sovereignty and aliens of their own, situated so that it would be impossible while in Mississippi to receive or enjoy any of the rights of Choctaw citizenship, was the right to renounce his allegiance to the Commonwealth of Missis- sippi, move upon the lands conveyed to him and his people, and there, the only spot on earth where he could do so, renew his relations with his people and enjoy all of the privileges of a Choctaw citizen, except to participate in the annuities. As an evidence that the Choctaw people themselves took this view of the question, attention is called to the fact that their council has passed many acts and resolutions inviting these absent Choctaws to move into their country, and on one occasion appropriated a considerable sum of money to assist them on their journey; and until the past two or three years have always promptly placed those who did return on the rolls of citizenship, but never enrolled an absent Choctaw as a citizen. On December 24, 1889, the General Council of the Choctaw Nation passed the following resolution : .... "Whereas there are large numbers of Choctaws yet in the States of Mississippi and Louisiana who are entitled to the rights and privileges of citizenship in the Choc- taw Nation; and "Whereas they are denied all rights of citizenship in said States; and "Whereas they are too poor to immigrate themselves into the Choctaw Nation: There- fore be it "Resolved by the General Council of the Choctaw Nation assembled, That the United States Government is hereby requested to make provisions for the emigration of said Choctaws from said States to the Choctaw Nation," etc. The language is not that they are entitled to the rights and privileges of Choctaw citizenship in the States named, but "who are entitled to all the rights and privileges of citizenship in the Choctaw Nation," and the prayer is that because of the fact that they are denied the rights of citizenship in the States that the United States will 44 INDIAN APPROPRIATION BILL, 191'?. remove them to a place — their own country — where the rights of Choctaw citizenship may be enioyed by them. Ab a further evidence of the fact that all of the parties to the treaty, the United States, the Choctaw Nation, and the Mississippi Indians themselves, have always understood that the Mississippi Choctaws were entitled to none of the rights of a Choctaw citizen so long as they remained in that State, attention is called to the fact that the lands in Mississippi which were ceded to the United States by the Choctaw Nation by virtue of the treaty of 1830 were, under the laws of the United States, sold. The Choctaw Nation claimed that they had never been paid any consideration for them, and that the United States justly owed them the net proceeds arising out of the sale. For many years this contention was carried on before the departments of the Government, commissions, and other tribunals. Finally, by treaty, it was sub- mitted to the Senate of the United States for decision. That body found in favor of the Choctaw Nation. The case then went to the Court of Claims, and from there to the United States Supreme Court, in which court judgment was finally rendered for nearly $3,000,000. This judgment was rendered in November, 1886. The money was turned over to the Choctaws by the United States, and by them, with the knowledge and consent of the United States, divided among their own people who lived in the nation. Not one farthing of it was ever paid to an absent Mississippi Choctaw, and no portion of it was ever claimed by them. During this whole litigation, running through many years, no effort was made to make themselves parties to the suit. And when the money was finally paid to the Choctaw aiithorities to be divided among the people they made no claim for any part of it, and entered no protest to its being paid to the resident Choc- taws, nor have they brought suit for their share since. The other party to the treaty, the United States Government, the guardian of these Indians, paid the money without ever making any provisions for the Mississippi Choctaws to get their share or intimating that anything was due them. When it is remembered that this money was the pro- ceeds of the sale of the lands in Mississippi belonging to the united Choctaw people while they lived in that S bate, and that the great bulk of the Mississippi Choctaws had never received one farthing for their share in the lands. If they, living in Mis- sissippi, are entitled there to the rights of a Choctaw citizen it is remarkable that they did not assert their rights. Again, y>. few years ago, the interest of the Choctaws to lands lying west of their present boundaries was sold by them to the United States for a considerable sum o ' money. This, like the other, was promptly divided among the resident Choctaws with the knowledge and consent of the United States, and without protest or claim of the Mississippi Choctaws. If they are entitled to the privilege of Choctaw citizens without removing into the boundaries of the nation they are and were entitled to their pro rata share of this money. If they do not understand that they have no claim to the rights of citizenship witiiout moving into the country why have they, for the past 65 years, silently stood by and permitted these kinds of transactions to be had without claim, protests, or suit? _ The Eastern Band of Cherokees, now residing in North Carolina, sustained a rela- tzonship to the Cherokee Nation almost identical to that sustained by the Mississippi Choctaws to the Choctaw Nation. Like the Mississippi Choctaws, there were some anaong them who were averse to movirg to their new country, west of the Mississippi River. Provisions were made for them by the treaty of New Echota — the treaty of 1835 — between the Cherokee Nation and the United States similar to those with the Choctaws by the treaty of 1830. When the Cherokee people moved to the present home of the Cherokees, these remained behind in North Carolina, where they have ever since resided. Like the Choctaw treaty of 1830, the treaty of New Echota pro- vided that their lands should be ceded to them and their descendants, and so forth. The Cherokee Nation, by virtue of a treaty with the United States, afterwards sold some of these lands. The Eastern Band of Cherokees, in North Carolina, unlike their Mississippi Choctaw brethren, promptly demanded their pro rata of the proceeds of this sale, and upon beirg denied at once sought and obtained permission of the United States to sue the Cherokee Nation in the Court of Claims for this money, and also, in the same suit, to sue for another fund which was created by the treaty of New Echota, consisting of certain annuities in the sum of $214,000, of which the Eastern Band of Cherokeea claimed a pro rata share. ■ The suit was brought, and the Court of Claims, in a very elaborate and learned decision, decided against the right of the Eastern Band of Chero- kees to recover, upon the ground that those Cherokees, by the act of remaining in North Carolina, had alienated themselves from the Cherokee Nation to such an extent that they could not claim any rights of a Cherokee citizen witheut moving into the Cherokee Nation and there being readmitted in accordance with the constitution INDIAN APPEOPEIATION BILL, 1917. 45 and laws of that nation. The case was appealed to the Supreme Court of the United States, and there the decision of the Court of Claims was affirmed. (Eastern Band of Cherokees v. U. S., 117 U. S., 288.) In that case the Supreme Court, after reviewing all of the treaties and statutes relating to the matter, concluded by saying: "If Indians in that State (North Carolina) or any other State east of the Mississippi wish to enjoy the benefits of the common property of the Cherokee Nation, in what- ever forni it may exist, they must, as held by the Court of Claims, comply with the constitution and laws of the Cherokee Nation and be readmitted to citizenship as there provided. They can not live out of its territory, evade the obligations and burdens of citizenship, and at the same lime enjoy the benefits of the funds and common property of the nation. These funds and that property were dedicated by the constitution of the Cherokees and were intended by the treaties with the United States for the benefit of the united nation, and not in any respect for those who had separated from it and become aliens to their nation. '\\^e can see no just ground on which the claim of the petitioners can rest in either of the funds held by the United States in trust for the Cherokee Nation." It seems to me that this decision of the Supreme Court, founded on a case so nearly similar to the one at hearing, conclusively settles the contention in favor of the Choc- taw Nation. Indeed, in that case the Supreme Court expresses a very strong intima- tion that those provisions of the treaty of New Echota relating to and providing for those Cherokees who should refuse to move West -nere confined in their operation to that class of Cherokees then in esse, and the rights conferred by those provisions of the treaty did not descend to their offspring; that the descendants of those Cherokees did not succeed to the rights of their ancestors under the treaty. The language of the Supreme Court is; Nor is the band (Eastern Band of Cherokees), organized as it now is, the successor of any organization recognized by any treaty or law of the United States. Individual Indians who refused to remove Wsst and preferred to remain and become citizens of the States in which they resided were promised certain moneys, but there is no evi- dence that the petitioners have succeeded to any of these rights. The original claim- ants have probably all died, for 50 years have elapsed since the treaty of 1835 was made, and no transfer from them to their legal representatives is shown." (lb., 310.) The court proceeds, however, to decide this case, as heretofore shown, on the ground that the Indians composing the Eastern Band of Cherokees had not removed into the Cherokee Nation and reassumed their citizenship under the constitution and laws of that nation. I am disposed to the opinion, however, and will so hold, that the descendants of the Mississippi Choctaws, by virtue of the fourteenth article of the treaty of 1830, are en- titled to all of the rights of Choctaw citizenship, with all of the privilege3 and property rights incident thereto, provided they have renounced their allegiance to the sover- eignty of Mississippi by moving into the Choctaw Nation in good faith to live upon their lands, renewing their allegiance to that nation, and putting themselves in an attitude whereby they will be able to share in the burdens of their goyernment. The reason for this conclusion is, to my mind, made morally certain when it is remembered that ever since the treaty of 1830, now for the period of nearly 67 years, with the excep- tion of the past 2 or 3 years, the Choctaw Nation, by its legislative enactments, and by its acts so long continued that by custom they have become crystallized into law, have universally admitted all who should remove to this country and rehabilitate them in all of the rights and privileges of citizenship enjoyed by themselves. The counsel for the claimants lay considerable stress on the effect of the provisions of article 13 of the treaty of 1866 between the United States and the Choctaw Nation. (14 Stat., — .) ,-:,,,.■ ^ By the eleventh and twelfth articles of that treaty a scheme was devised by which the lands of the Choctaw and Chickasaw Nations were to be surveyed and divided and allotted to the individual Indians, provided the councils of the respective nations should agree to it, which, however, they have refused to do. A land office was to be established at Boggy Depot In the Choctaw Nation. When all of the surveys were completed, maps thereof were to be filed in the said land office, subject to the inspec- tion of all parties Interested, and Immediately thereafter notice of such filing was to be given for 90 days, calling upon all parties interested to examine said maps, to the end that errors in the location of occupancies, which were to be noted on the map, might be corrected. Then followed article 13 of the treaty, which is as follows: "Art 13 The notice required in the above article shall be given not only m the Choctaw and Chickasaw Nations', but by publication in the newspapers printed m the States of Mississippi and Tennessee, Louisiana, Texas, Arkansas, and Alabama, to the end that such Choctaws and Chickasaws as yet remain outside of the Choctaw 46 INDIAN APPEOPEIATION BILL, 1917. and Chickasaw Nations may be informed and have opportunity to exercise the rights hereby given to resident Choctaws and Chickasaws: Provided, That before any such absent Choctaw or Chickasaw shall be permitted to select for him or herself or other, as hereinafter provided, he or she shall satisfy the register of the land office of his or her intention, or the intention of the party for whom the selection is to be made, to become bona fide resident in the said nation within five years from the time of selection and should the said absentee tail to remove into said nation and occupy and commence an improvement on the land selected within the time aforesaid the said selection shall be canceled and the land shall thereafter be discharged from all claim on account thereof." From an examination of this article of the treaty it will be seen that the Choctaws and Chickasaws recognized the right of absent members of their nations to participate in the allotment and subsequent ownership of their lands to the same extent as they themselves enjoyed, but on conditions, however: First, that they should satisfy the register of the land office of their intention to become bona fide residents in the said nation within five years from the time of said selection; and, second, that within the said five years they should actually remove into the said nation (there is a statute of limitation) ; and, third, that within the said five years they should occupy and com- mence an improvement upon the selected lands. It will be observed that this latter clause imposes a condition on absent Indians nowhere required of the resident ones by any clause of the treaty. They were required to move into the country and show their good faith and their intention to remain bona fide citizens of the nation by actual occupancy of the land and an expenditure of money in its improvement. The notice was to be given them in order that they might have an opportunity of removing into the nation and there residing and resum- ing their rights as citizens; but care was to be taken, and safeguards provided by which their removal was to be actually had, and that was to be done in good faith. First, the register of the land ofiice was to be convinced by such proof as might satisfy Mm of the intention of the absent Indian to become a bona fide resident of 'the nation before he was allowed to make a selection; and, second, that was to be followed by an actual occupancy and improvement of the land; and if he failed in this, it worked a forfeiture of his rights. Nowhere within the whole treaty is any right recognized or con- ferred on an absent Indian except consummated or enjoyed until after actual removal. No treaty or act of the Choctaw Council or of any ofiicer of the Choctaw Nation since the treaty of 1830 can be cited, or at least I have not found them, whereby any right or privilege has been conferred, granted, or recognized in or to a Mississippi Choctaw so long as he shall remaiil away from his people, but there are an infinitude of such acts and conduct granting and recognizing such rights and privileges to him after he shall have moved away. The jjrovisions of the treaty of 1866, so far from being an authority in favor of the contention of claimants, seems to me to be strongly against him. To permit men with, perchance, but a strain of Choctaw blood in their veins, who 65 years ago broke away from their kindred and their nation, and during that time, or the most of it, have been exercising the rights of citizenship and doing homage to the sovereignty of another nation, who have borne none of the burdens of this nation, and have become strangers to the people, to reach forth their hands from their distant and alien home and lay hold of a pait of the public domain, the common property of the people, and appropriate it to their own use would be unjust and inequitable. It is, therefore, the opinion of the court that absent Mississippi Choctaws are not entitled to be enrolled as citizens of the Choctaw Nation. The action of the Dawes Commission is therefore aflirmed, and a decree will be entered for the Choctaw Nation. Mr. Norton. That is the gist of Mr. Harrison's case. Mr. Fereis. Exactly his contention now. Now let us see what the Federal court says: This is not a case out of point, but is simply a decision of the exact issue now before this committee where the facts are identical. _ Mr. Hastings. You want to make that clear, that that exact ques- tion was raised in the Jack Amos case. Mr. Ferris. Yes; Jack Amos and 97 full-blood Choctaws, then residmg in Mississippi, were carried over by some attorneys to Okla- homa and came before the Dawes Commission and said: Under the fourteenth article of the treaty we are entitled to be enrolled; we are -entitled to share in this land; we are entitled to share in this money and still keep our residence in Mississippi. INDIAN APPEOPEIATION BILL, 1911. 4Y This is the wmding up clause of Judge Clayton's decision. 1 he Chairman. What is the date of that decision « Mr. Ferris. 1896, I think— no, 1897. They came before the Dawes Commission in 1896 and were turned down flat. This was on appeal to Federal court from, the Dawes Commission, who had already held they could not be enrolled under Article XIV of the treaty. _ But listen to what the court says. The whole case will be settled m your mind once and for all. Mr. Thompson. This was on appeal from the Dawes Commission ? Mr. Ferris. Yes; it was first tried before the Dawes Commission, and they turned it down flat. It was preposterous to assume that those people could live in Mississippi and retain the allegiance of their people nearly 100 years, and then decide to go to Oklahoma and get their land and still remain in Mississippi. To do that would let them profit by the refusal to do what Congress intended them to do ; yes, to profit by refusuig to do the things they agreed to do. Congress called upon the Dawes Commission in 1897 for a report on this very subject. The commission's report is a Senate document which I am inserting herewith. It is as follows: [House Document No. 274, Fifty-fifth Congress, second session.] Report op the Commission to the Five Civilized Tribes. [Letter from the Secretary of the Interior, transmitting a report of the Commission to the Five Civilized Tribes relative to the Mississippi Choctaws.] Department op the Interior, Washington, February 2, 1898. Sir: I have the honor to transmit herewith a copy of a report of the Commission to the Five Civilized Tribes, relative to the Mississippi Choctaws, made in pursuance of the following provision contained in the Indian appropriation act of June 7, 1897: "That the commission appointed to negotiate with the Five Civilized Tribes in the Indian Territory shall examine and report to Congress whether the Mississippi Choctaws under their treaties are not entitled to all the rights of Choctaw citizen- ship, except an interest in the Choctaw annuities." Very respectfully, C. N. Buss, Secretary. The Speaker op the House op Representatives. report op the commission to the five civilized tribes upon the question "whether the MISSISSIPPI CHOCTAWS UNDER THEIR TREATIES ARE NOT ENTITLED TO ALL THE RIGHTS OF CHOCTAW CITIZENSHIP, EXCEPT AN INTEREST IN THE CHOCTAW ANNUITIES, " REQUIRED BY ACT OP CONGRESS, APPROVED JUNE 7, 1897. To the Congress of the United States: The Commission to the Five Civilized Tribes were required by act approved June 7, 1897, to "Examine and report to Congress whether the Mississippi Choctaws under their treaties are not entitled to all the rights of Choctaw citizenship, except an interest in the Choctaw annuities." The commLssion has attended to that duty, and make the following report: The Mississippi Choctaws are the descendants of those Choctaw Indians who declined to remove to the Indian Territory with the tribe under the provisions of the treaty made with the United States September 27, 1830, under which the Choctaws obtained their present reservation in the Indian Territory. There has never been a census taken of them, but they are estimated to number at the present time about twelve hundred. These are represented to be a poor and feeble band, somewhat scattered in different parts of the State of Mississippi, but located mostly In the counties of Nes- hoba, Newton, Leake, Scott, and Winston. They claim the right to continue their residence and political status in Mississippi as they and those from whom they descended have done for 65 years, and still are entitled to enjoy all the rights of 48 INDIAN APPROPRIATION BILL, 1911. Ohoctaw citizenship except to share in the Choctaw annuities. This claim is based on the fourteenth article of said treaty, which is in these words: "Article XIV. Each Choctaw head of a family being desirous to remain and become a citizen of the States shall be permitted to do so, by signifjdng his intention to the agent within six months from the ratification of this treaty, and he or she shall thereupon be entitled to a reservation of one section of six hundred and forty acrea of land, to be bounded by sectional lines of survey; in like manner shall be entitled to one-half that quantity for each unmarried child which is living with him over ten years of age; and a quarter section to such child as may be under ten years of age, to adjoin the location of the parent. If they reside upon said lands intending to become citizens of States for five years after the ratification of this treaty, in that case a grant in fee simple shall issue; said reservation shall include the present improvement of the head of the family, or a portion of it. Persons who claim under this article shall not lose the privilege of a Choctaw citizen, but if they ever remove are not entitled to any portion of the Choctaw annuity." What their political status is in the State of Mississippi is defined in this fourteenth ajticle of the treaty. Their ancestors each was to signify within six months after the ratification of the treaty his desire to remain and become a citizen of the States, which would entitle them to 640 acres of land and a less amount to each member of his family, and after a residence on the same of five years, with intent to become a citizen, are then entitled to a patent in fee, and are thereby made citizens of the States. Their ancestors having done this, they claim, under the concluding clause of said article, that their ancestors could and they now can continue such citizenship and residence in Mississippi and be still entitled to all the rights of a Choctaw citizen in the tribal property of said nation in the Indian Territory, except their annuities. This clause upon which the claim rests is in these words; "Persons who claim under this article shall not lose the privilege of a Choctaw citi- zen, but if they ever remove are not to be entitled to any portion of the Choctaw annu- ity. " But this construction is in direct conflict with the very purpose for which the treaty was made, and with the nature of the title to the lands in the territory secured to the Choctaws by it, and to the whole structure and administration of their government ever since under it. No fact is better established than thia, that the leading motive, if not the only one on the part of the United States, was to get the Choctaws out of Mississippi and into what IS now the Indian Territory. They accordingly provided in the second article of the treaty, among other things, that the Choctaws should live on the land ceded to them by it in the Indian Territory. That article is in these words: ,"^™°i'.^ 2. The United States under a grant specially to be made by the President of the United States shall cause to be conveyed to the Ohoctaw Nation a tract of country west of the Mississippi River, in fee simple, to them and their descendants to mure to them while they shall exist as a nation and live on it (here follows a des- cription of the land). The grant to be executed as soon as the present treaty shall be And the Choctaws agree in the third article to remove all their people to this terri- torv during the years 1831, 1832. and 1833. Now, to construe the concluding clause of the fourteenth article to mean an offer to those who refuse to go with their brethren to the new territory an equal share in the new lands with those who go and the additional fee simple of 640 acres of land m Mississippi and citizenship if they do not go is to offer a bounty to those who refuse to go, and would defeat the very purpose of the treaty. Not one would have gone when offered so much better terms for staying. It is well known that the Choctaws were very reluctant to enter into this treaty at all, because a portion of them— the ancestors of these claimants— refused to leave with the main body, and the treaty was not executed till the provisions of the fourteenth article were made for those unwilling to leave with their brethren. But the United States did not cease its orig- inal purpose to secure the removal of them all to the new country, even those pro- vided for in the fourteenth article. They, therefore, inserted the concluding clause '' J™^ " 'fi%° the effect of a continuing offer and pledge, that if they did ever jemove —that is if they ever changed their minds and concluded to remove-the lact that they had been freeholders and citizens of Mississippi should not bar them out of Choctaw citizenship, but that they should share like all the rest in everything but the annuities.. Thus construed the clause is a standing inducement to those Indians to remove m accordance with the purpose of the treaty instead of a standing bounty to remain and thus thwart that purpose. INDIAN APPROPRIATION BILL, 1911. 49 ^^ In addition to the condition which entered into the title that the grantees must "live on it" or lose it, the nature of the title was su-h that these claimants could derive no benefit from it without living on it, and by remaining in Mississippi it would be worthless to them. It is a territory in common, and has been held as such from that day, 1830, till now. Now, no tenant in common, who voluntarily leaves the common property to the occupancy of his cotenants, can ever claim of them any of the fruits of its use. So that these Mississippi Ohoctaws, if they are cotenants with the resident Choctaws in these lands in the Indian Territory, must first go there and occupy them with their cotenants or forego any use of them. Another condition ( f this title is that the grantees shall not only "live upon it," but if the Choctaw Nation ceases to exist the title is lost. If all the Choctaws should follow the example of these Mississippi Choctaws and remain residents and citizens of Mississippi, it would ipsofacio cease to exist as a nation and the title be lost. It is impossible to conceive that the Choctaw Nation itself, as well as the United States, entered into this foiu-teenth article with any_ intention of enabling them so to do. As further evidence that both parties to this treaty understood that they had created a title to be held in common by the members of the tribe alone, in which no one not a member could have any interest, the United States and the Choctaws entered into a treaty in 1855 in respect to the title to those lands (U. S. Stats., 11, p. 612), the first article of which is in these words; "Article I. And pursuant to an act of Congress approved May 28, 1830, the United States do hereby forever secure and guarantee the lands embraced within the said limits to the members of the Choctaw and Chickasaw tribes, their heirs and succes- sors, to be held in common, so that each and every member of either tribe shall have an equal, undivided interest in the whole: Provided, hotvever, No part thereof shall ever be sold without the consent of both tribes, and that said lands shall revert to the United States if said Indians and their heirs become extinct or abandon the same. ' ' Although it is true that any vested right of the Mississippi Choctaws in this land could not be affected by any treaty to which they were not a party, attention is called to this article for the double purpose of showing that both the United States and the Choctaw Nation have from the beginning held that the title has always been in the members of the tribe alone, and is now so fixed that no one else but members can share in it. The treaty uses the same language in the outset as is used in the treaty of 1830, containing the fourteenth article, on which the present claim rests. It says like that treaty, that it is entered into "pursuant to an act of Congress approved May 28, 1830," and then declares that "the United States do hereby forever secure and guarantee the lands embraced within the said limits to the members of the Choctaw and Chickasaw Tribes, their heirs and successors, to be held in common, so that each and every member of either tribe shall have an equal, undivided interest in the whole: Provided, however, No part thereof shall ever be sold without the consent of both tribes, and that said land shall revert to the United States if said Indians and their heirs become extinct or abandon the same." There can be no longer doubt that the present title is in the members of the tribes alone, and that the United States has pledged itself to so maintain it, and that it so does in the belief of both parties to the treaty that such was the title from the begin- ning. No man can, therefore, as the title now stands, have any interest in these lands unless he is a member in one of these tribes. Now, it has been a law of the Choctaw Nation from the beginning of its existence, recognized by the Supreme Court and by Congress, that no man can be a citizen of that nation who does not reside in it and assume the obligations of such citizenship before he can enjoy its privileges. To "enjoy the privileges of a Choctaw citizen'' one must be a Choctaw citizen. If this land should be ultimately allotted, any allotment to other than a citizen would come in direct conflict not only with the terms of the treaty title but to the whole system of the Choctaw government from the beginning. By the treaty, the allottee must be a member of either the Choctaw or Chickasaw tribes. He can, being a stranger, neither occupy nor sell his allotment, for by the treaty all strangers are to be kept out of the territory, and the land is to be sold to no one except with the consent of both tribes. . This historical review of the acquisition of this Territory by the Choctaw Nation, and its subsequent legal relations to it, makes it clear, in the opinion of this commis- sion, that the Mississippi Choctaws are not, under their treaties, entitled to "all the rights of Choctaw citizenship except an interest in the Choctaw annuities," and still continue their residence and citizenship in the State of Mississippi. What, then, are "the privileges of a Choctaw citizen," secured to them by the fourteenth article of the treaty of 1830? That article, after having secured to those 25134— PT 4^16 4 50 INDIAN APPROPEIATION BILL, 191'?. unwilling to remove with their brethren to the Indian Territory 640 acres of land and enrollment and citizenship in the State of Mississippi, added this further clause: "Persons who claim under this article shall not lose the privileges of a Choctaw citizen, but if they ever remove are not to be entitled to any portion of the Choctaw The commission are of the opinion that this clause was intended to offer a further inducement to those Indians to follow at some future time their brethren and joiathem in their new home, and that the true construction of it is that the door of admission shall be kept open to them, and if they ever remove this stay and citizenship in Mis- sissippi shall not bar them out, but that, notwithstanding it, they shall be admitted to all the privileges of Choctaw citizenship equally with all others, save only a share in their annuity. This construction finds further corroboration m the treaty of 1866 (14th Statutes at Large) between the United States and the Choctaws and Chickasaws concerning the title to this same territory. In this treaty, for the first time, the possibility of an allotment of these lands in severalty to the members of the tribes at some time in the future was recognized. It was, therefore, provided in this treaty that whenever the tribes desired it such allotment among their members should take place, and at great detail the manner in which it was to be done was set forth. The treaty then provided that before it did take place notice should be given " not only in the Choctaw and Chickasaw Nations, but by publication in newspapers printed in the States of Mississippi and Tennessee, Louisiana, Texas, Arkansas, and Alabama, to the end that such Choctaws and Chickasaws as yet remain outside of the Choctaw and Chickasaw Nations may be informed and have opportunity to exercise the rights hereby given to resident Choctaws and Chickasaws: Pwvided,^ That before any such absent Choctaw or Chickasaw shall be permitted to select for him or herself, or others, as hereinafter provided, he or she shall satisfy the register of the land office of his or her intention, or the intention of the party for whom the selection is to be made, to become bona fideresident in the said nation within five years from the time of selection; and should the said absentee fail to remove into said nation, and occupy and com- mence an improvement on the land selected within the time aforesaid, the said selec- tion shall be canceled, and the land shall thereafter be discharged from all claim on account thereof," There can be no doubt that this provision was inserted for the special benefit of those claiming to enjoy the rights of a Choctaw citizen imder this fourteenth article of the treaty of 1830, many of those Choctaws having wandered away from Mississippi into the other States mentioned. It was a notice to them that these lands were about to be allotted to members of the tribes, and if they desired to avail themselves of a share in the allotment they must make themselves such members by coming from "outside" and join their brethren in the common citizenship of the nation. The terms upon which each applicant can avail himself of this opportunity are clear and unequivocal. He must satisfy the register of his intenticBi to become a bona fide resident in the Territory within five years of the date of his application before he can select his allotment, and a failure to remove into said nation and to occupy and commence improvement on the land so occupied within the time speci- fied forfeits altogether the selection. This proviso needs no explanation. The United States and the Choctaws have affixed it to the title, and those claiming the benefit of the 14th article must conform to it or lose their rights. It follows, therefore, from this reasoning, as well as from the historical review alreaxJy cited, and the nature of the title itself, as well as all stipulations concerning it in the treaties between the United States and the Choctaw Nation, that to avail himself of the "privileges of a Choctaw citizen" any person claiming to be a descend- ant of those Choctaws who were provided for in the fourteenth article of the treaty of 1830 must first show the fact that he is such descendant and has, in good faith, joined his brethren in the Territory with the intent to become one of the citizens of the nation. Having done so, such person has a right to be enrolled as a Choctaw citizen and to claim all the privileges of such a citizen, except to a share in the annuities, and that otherwise he can not claim as a right the "privilege of a Choctaw citizen." To the claim- as thus defined the Choctaw Nation has always acceded and has manifested in many ways its willingness to take into its citizenship any one or all of the Mississippi Choctaws who would leave their residence and citizenship in that State and join in good faith their brethren in the Territory, with -participation in all the privileges of such citizenship, save only a share in their annuities, for which an equivalent has been given in the grant of land and citizenship in Mississippi. The national council, in view of the poverty and inability of these Choctaws to remove at their own expense to the Territory, memorialized Congress on December INDIAN APPKOPKIATION BJJ.L, 1917. 51 9, 1889, to make provision for their removal, by the adoption of the following reso- lution: Whereas there are large numbers of Choctaws yet in the States of Mississippi and Louisiana who are entitled to all the rights and privileges of citizenship in the Choctaw Nation; and Whereas they are denied all rights of citizenship in said States; and Whereas they are too poor to immigrate themselves into the Choctaw Nation: There- fore, "Be it resolved by the General Council of the Choctaw Nation assembled, That the United States Government is hereby requested to make provision for the emigration of said Choctaws from said States to the Choctaw Nation, etc." It is a significant fact that this claim on the part of the Mississippi Choctaws to all the privileges of a citizen in the Choctaw Nation, and still retain their residence and citizenship in the State of Mississippi, is a very recent one. There is no evidence known to the commission that the early Mississippi Choctaws ever made such a claim. In later years the Choctaws and Chickasaws hav'e sold at different times large por- tions of their territory to the United States, and the proceeds, amounting in the aggre- gate to several millions of dollars, have been distributed per capita among the Choctaw and Chickasaw citizens. If this claim as now presented is the coiTect one, these Mississippi Choctaws were entitled to their per capita share in all the money equally with all other citizens of the nation, yet not a dollar of it was ever paid to them or claimed by them. This claim to participate in the privileges of a Choctaw citizen and still retain a residence and citizenship in Mississippi has recently come before the United States court, in the third district in the Indian Territory, in the case of Jack Amos et al. v. The Choctaw Nation, No. 158 on the docket of that court. The case was an appeal of Mississippi Choctaws from a refusal of this commission to place them on the rolls of Choctaw citizenship. The com:t, Judge Wm. H. H. Clayton, overruled the appeal and confirmed the judgment of this commission, denying such em'ollment, in a very elaborate and exhaustive opinion. If, in accordance with this conclusion of the commission, these Mississippi Choc- taws have the right at any time to remove to the Indian Territory and, joining their brethren there, claim participation in all the privileges of a Choctaw citizen, save participation in their annuities, still, if any person presents himself claiming this right, he must be required by some tribunal to prove the fact that he is a descendant of some one of those Indians who originally availed themselves of and conformed to the requirements of the fourteenth article of the treaty of 1830. _ The time for making application to this commission to be enrolled as a Choctaw citizen has expired. It would be necessary, therefore, to extend by law the time for persons claiming this right to make application and be heard by this commission or to create a new tribunal for that purpose. j • • In conclusion, it seems to the commission that the importance of a correct decision of this question, both to the Mississippi Choctaws and the Choctaw Nation, justifies a provision for a judicial decision in a case provided for that purpose. They there- fore suggest that, in proper form, jurisdiction may be given the Court of Claims to pass judicially upon this question in a suit brought for that purpose by either of the interested parties. ' Respectfully submitted. t T^ ' ■^ Henby L. Dawes, Tams Bixby, Frank C. Akmstbong, A. S. McKennon, Commissioners. Washington, D. C, January 28, 1898. Now I wish you gentlemen would take time to read this opinion. It is an opinion by three great lawyers appointed by the President pursuant to an act of Congress specifically empowering them to deal with this and shnilar cases. They did deal with them. The facts are identical with the present contention. It decides once and tor all this proposition. It goes on and says how unreasonable it is m the face of the treaty, in the face of the acts of Congress m the face of relations had between them and the Federal Government, that they would be permitted to remain in Mississippi and still share in the Oklahoma estate. They had had their lands; they had had their 52 INDIAN APPKOPEIATION BILL, 1917. money; they had had their land scrip, their opportunity, and their patrimony, and now, ahnost 100 years later, after all the old Indians who entered into the treaty have died, the attorneys marshal these men forward and again they seek to lay claim to property in Okla- homa belonging to the Oklahoma Indians, and endeavor to carry it back to Mississippi. To do that, Mr. Chairman, would be to attack a man who has had a deed to his land for a hundred years by some one who had refused to go West and take his homestead, who should say at this late day, "I come on now and claim my share of this prop- erty, even though I have not shared in the burdens of its acquirement. To allow those descendants who are perchance but a strain of Indian blood to now reach their hand into the Oklahoma tribal funds would do violence to justice, to law, and every decision on the subject. These people have patents to their lands. We do not have to stand alone on the Federal court decisions. We do not have to rely on the decision of the Dawes Commission. We can rely on a solemn patent issued by this Government to the Oklahoma Choctaws. It was issued under President Tyler March 3, 1842. Listen to what it says: That the United States of America, in consideration of the premises, and in execu- tion of the agreement and stipulation in the aforesaid treaty, have given and granted, and by these presents do give and grant unto the said Choctaw Nation the aforesaid ' ' tract of country west of the Mississippi " ; to have and to hold the same, with all the rights, privileges, immunities, and appurtenances of whatsoever nature thereunto belonging, as intended "to be conveyed" by the aforesaid article, "in fee simple to them and their descendants, to inure to them, while they shall exist as a nation and live on it" liable to no transfer or alienations except to the United States or with their consent. You see, gentlemen of the committee, Congress patents it to them, but they say they must live on it. The very initial instru- ment of the conveyance, the patent itself, says they must hve on it. They must remain on it. And here my genial friend from Missis- sippi, Mr. Harrison, even in the face of that, even in the face of the decision of the Federal court, even in the face of four or five acts of Congress, even in the face of three or four treaties, even in the face of the decisions of four Secretaries of the Interior and four Indian Commissioners, would have this committee now do things that no one now recommends, that no department stands behind or for, that no one has ever "stood for or ever recommended favorably. Mr. Harrison. Do you contend that under the treaty of 1820 the Choctaw Nation did not acquire those lands in Oklahoma ? Mr. Ferris. Undoubtedly they did. Mr. Harrison. That was issued in 1840 ? Mr. Ferris. No; only the patent was issued to them under President Tyler in 1842. I am right about that. The gentleman will have a chance to reply. Mr. Carter. Did not the treaty provide the same thing? Mr. Ferris. Undoubtedly. In''the strongest terms. Every treaty, every decision, every act in connection with this matter has borne out the idea that they must live on it. Mr. Norton. Will "you permit Mr. Harrison to state right there, briefly, what he contends are the decisions that hold that the Missis- sippi Choctaws are entitled to this property, just so we can get it all together — that entitles the Mississippi Choctaws in Mississippi to remain there and have a right to this tribal property in Oklahoma? INDIAN APPKOPEIATION BILL, 1917. 53 Mr. Haeeison. I think the ex parte opinion of Judge Townsend is one. That was 1896. I think the Cherokee trust fund case, (202 U. S. Reports), would substantiate our reasoning; and I think that after the Clayton decision that Ferris calls attention to and the Dawes Commission opinion in 1896, after they had decided what he con- tends they decided — and which I admit — that the Congress of the United States thought it was a just opinion or they never would have written those acts after that, sending McKinnon dfown there to make those rolls. There are 1,100 on those rolls now who are not on the tribal rolls. Mr. Norton. Are there any other decisions? Mr. Haeeison. No; those are the two decisions that I rely on, and I think the Claj^ton decision is not of a respectable authority for a great question like this to be determined by. Mr. Noeton. You admit that Congress passed an act in 1896 re- q^uesting the Dawes Commission to investigate this particular ques- tion, and that the Dawes Commission under that act of Congress reported adversely? Mr. Harrison. No, I do not admit that. I think that under the act giving the Dawes Commission authority, they were to go to Oklahoma and make up the roUs of the Choctaws in Oklahoma, and then when these applications from Jack Amos and these others were presented to the Dawes Commission they held they had no authority under the act of Congress to enroU Mississippi Choctaws ; and in their opinion their reasoning was stated by Mr. Ferris. Mr. Norton. In their opinion those Choctaws had no rights? Mr. Harrison. Yes; and afterwards in their report of 1897 or 1898 they stated to the Congress of the United States that "in our opin- ion this matter is such a complicated one that a court of competent jurisdiction ought to decide the merits of it." Mr. Ferris. Mr. Chairman, of course it is a well-known fact that Judge Townsend's so-called decision was a thing that he hastily over- ruled himself in, and I presume all of you know that. Also, he was a judge for a foreign people to the Choctaws, under another tribe entirely. But anyway, he did not stick by his decision. It was for another tribe and not an analogous case at aU. Also in the Cherokee case that was for another tribe, and the fourteenth-article claimants were not in issue at aU. The cases are not in point anyway and do not bear out the contention of Mr. Harrison. Now, one word as to whether or not Judge Clayton was a reputable judge. Judge Clayton was a regularly appointed Federal judge. He was appomted by the President of the United States, just the same as any other judge. Judge Clayton was so reputable that Congress conferred upon him in addition to his general jurisdiction as a Federal judge the right to pass finally upon these enrollment cases. Now, they sought to appeal after Judge Clayton held agamst them. They appealed to the Supreme Court of the United States, and the Supreme Court of the United States on motion of the appel- lants dismissed their own case, and the attorneys to the Mississippi Choctaws came into the Supreme Court of the United States a;nd dismissed their own case, deciding evidently to abide by the decision of Judge Clayton. (Sec. 190 U. S. Reports, at p. 190.) 54 INDIAN APPEOPRIATION BILL, 1911. Mr. Dill. Is this Judge Clayton the same Clayton that was a Congressman here ? i&. Ferris. No; that is another Federal judge. Mr. Carter. He is a brother. Mr. Tillman. No; he is no relation at all. He is a brother to Powell Clayton of our State. Mr. Ferris. I repeat, the contention of these claunants was first overthrown by the decision of the Dawes Commission, second by the decision of the Federal court, and then by the Congress of the United States, when by the act of April 26, 1906, they formally closed the rolls, and then bj four Secretaries of the Interior and four Indian Commissioners of both political parties, and three Presidents of the United States. Every one of whom refused to reopen these cases or to in any wslj agree with their contention. They have been passed on again and again and it seems the peaceful Choctaws who never raised a tomahawk against this Government will never have his peace, as long as he has a penny left. Now let us get at the matter why this commotion keeps up, with- out any disrespect to my friends from Mississippi — I know they are moving in an honest cause as they see it, but I am so sure they are woefully mistaken. I am so sure the results would not be pleasing even to' Mississippi to see transpire what would transpire if they were ever enrolled. I hold in my hand photographs of four convicts, all negroes, who are the star witnesses in this enrollment propaganda, and I will teU you a number of things they have done. They are all convicts but one [exhibiting photographs to members of the committee]. The Chairman. Why are they numbered, Mr. Ferris ? Mr. Ferris. That is the number in the penitentiary. These men this summer appeared as witnesses, and they appeared for the same attorneys who had been continually advocating this enrollment legis- lation, the principal promoter of whom is Webster BaUinger, an attor- ney of this city. Webster BaUinger formed a partnership this summer with two attorneys by the name of Lindly and Rodkey, the firm name being BaUinger, Lindley & Rodkey, and set up shop and opened offices in a building where the Commissioners to the Five CiviUzed Tribes held their offices in Muskogee, Okla. They served 44 petitions to come and cross-examine on enrollment cases that they claimed were entitled to be on the roll. In 33 out of the 44 cases he has, Alec Nail, one of these parties that I showed you the picture of, appeared as a witness. This man, a fuU-blood negro, 72 years old, can neither read nor write, and who in each case completely impeached himseU. In 20 of the 44 cases Webster Burton, who is in the penitentiary, ap- g eared, and W. M. James — his name and record number are all near. [is penitentiary number is 6087, Oklahoma State penitentiary. He appeared four times out of 44. And I hope that I can have time to go over this with some of you to show you how the Oldahoma Indians have been harassed for years by these attorneys. I know we have to come before Congress often on Oklahoma matters. We have almost half of the Indians in the United States in Oklahoma, and no doubt the Oklahoma delegation appears burdensome to this committee and to Congress, but somewhere, some time, this committee of Congress shall know what is going on behind the scenes and why it is they in one form or another are trying to put these men on the rolls. These INDIAN APPEOPEIATION BILL, 1917. 55 unprofessional attorneys go down to Oldahoma and Mississippi and tuey tmd stock witnesses, ignorant negroes, four convicts who have been used 33 times out of 44 cases as a witness to identify men who they clami should go on the rolls. ^Ir. XoETox. I ask that that be put in the record. Mr. Ferris. I will do that with a great deal of pleasure. Air. Norton. Now, you say those men were used as witnesses? JNlr. Ferris. Yes; this summer. Mr. XoRTOx. In Mississippi? _ Mr. Ferris. In Oklahoma; right m Muskogee. But they are work- mg the same thmg in :Mississippi and on a much broader scale. Their activities down there are the subject of a Government report also. I wul a,lso put that in the record. It is as follows: Confidential Report. [Subject: Operations of BalUnger, Lindly & Rodkey In preparation of enroUment eases.] ri ^ „ „ December 27, 1915. Hon. Gabe E. Parker, Superintendent for the Five Civilized Tribes, Muskogee, Ohla. Dear Mr. Parker: In August last, in accordance with instructions from you to assist the Choctaw national attorney, Hon. P. J. Hurley, I entered into an investiga- tion, under his direction, of a number of petitions for the enrollment of certain persons as citizens of the Choctaw Nation, these petitions having been presented by Mr Webster BalUnger, an attorney of Washington, D. C, to the department and trans- mitted to Mr. Hurley for investigation. Since that time, however, I have been un- able to devote more than six or eight weeks' time altogether upon this work on account of other official duties in connection with your office. My information is that the department accepted copies of these petitions as mem- oranda of an advisory nature. Mr. BalUnger having indicated that he intends to present such petitions to Congress for the purpose of securing the enactment of legis- lation placing the names of such petitioners upon the rolls of the respective tribes in which they claim the right of citizenship, the tribal attorneys have been furnished, by the department, with copies of the petition filed by Mr. BaUinger for the pur- ' pose of enabling them to make such inquiry into these cases prior to the convening of Congress as would bring out the facts determining the applicants' equitable title to enrolhnent. Several hundred of the petitions filed by Mr. BalUnger have during the last several months past been forwarded to this office by the department, with instructions to advise the department whether applications for enrollment had been filed by these petitioners within the period allowed by law during which such applications could be received. The majority of these petitions were filed by persons seeking enrollment as citizens by blood and as freedmen of the Creek Nation. Many of the petitioners seek enrollment as citizens by blood and freedmen of the Cherokee Nation. Altogether, I am advised that perhaps 400 separate petitions have been filed by Mr. BalUnger and transmitted by the department to this office. It is estimated that these petitions involve the rights of perhaps 1,500 individuals. This indicates the broad scope of the operations of Mr. BaUinger and his assistants, who began work in Oklahoma preparing these particular cases just a little more than one year ago. The value of the property involved in the claims of these petitioners, making a rough esti- mate thereof, easily reaches $2,000,000, and in all probability a close study of same will show that as much as $3,000,000 in property rights are involved. All the petitions sent this office by the department have been returned, and as no file was kept of them here, I am compelled to make my estimate of the number from the persons who handled them in this office. I have endeavored to list the petitions transmitted to Mr. Hurley by the depart- ment, and I have found 40 cases involving the rights of 240 persons, all seeking enroll- ment as Choctaw citizens. Taking the generally accepted estimate of the property value of an individual interest in the Choctaw Nation, viz, $5,000, as a basis upon which to form an estimate of the amount of property involved in these 40 cases just named, and multiplying $5,000 by 240, we have the startling total of $1,200,000. I give these figures to show the importance of these matters to the tribes interested. 56 INDIAN APPEOPEIATION BILL, 1917. I have had but little time to assist Mr. Hurley in the investigation of these enroll- ment cases as I am the only person connected with this oflBce who is assigned to gen- eral inspecting work, and I have merely spent what time I could from my regular work in assisting him. A work of such vast importance, to be done thoroughly, should have constant attention of a number of experienced investigators for some months. I have not been instructed and have made no attempt to investigate any of the petitions filed by Mr. Ballinger other than those of persons seeking enrollment as citizens of the Choctaw Nation with the exception of one case that 1 have investigated for the Chickasaw national attorney, Hon. Reford Bond. However, incidentally, I have taken a few affidavits and depositions in connection with petitions filed for enrollment as citizens of other tribes wherein criminal practices were indicated.^ My purpose in this report, of course, is not to go into the merits of the indi^-idual cases investigated by me, as I leave that for Mr. Hurley to do. I desire merely to bring your attention, in a general way, to the facts uncovered by my investigation which show reprehensible and criminal practices on the part of the indi-viduals employed by Webster Ballinger in connection with the preparation of these cases, that you may be informed concerning what is going on in connection therewith within the limits of the Five Tribes, and especially the nature of the business conducted by these persons under the same roof with your office. On October 15, 1914, Mr. Webster Ballinger came to Muskogee and engaged, in person, three office rooms located on the second floor back of the Metropolitan Build- ing, the building occupied, as you know, by your offices, together with the offices of other United States officials. It is my understanding that Mr. Ballinger did not remain here long, establishing in these offices Mr. Mat M. Lindly, an attorney of McAlester, Okla., and Mr. PeriT Rodkey, an attorney of OkomnJi, Okla. Printed on the outside doors of these offices appear the names of Webster Ballinger, M. M. Lindly, and Perry Rodkey. I attach sample of the letterheads used by these attor- neys. (See Exhibit A.) Upon this letterhead appears the name of Webster Bal- linger, attorney at law, rooms 245-247 Metropolitan Building, Muskogee, Okla., which occupies the center of the paper, with the names of M. M. Lindly and Perry Rodkey in the upper left-hand corner. The manager of the Metropolitan Building, Mr. J. L. Wagner, advises me that Mr. Ballinger assumed the responsibility fcr the payment of the rent for the offices named, and has paid it since by his personal check. (It might be noted just here, however, that Mr. Wagner stated to me that a number of Mr. Ballinger's checks had been re- turned unpaid by the bank in Washington upon which they were drawn.) From the time these offices were occupied, Mr. Lindly has been on duty practically daily, apparently in charge of the work. Mr. Rodkey has spent some time here, but it is my understanding that he has operated out of Okemah, Okla., his home town. I am prepared to establish the fact that Mr. Lindly has been paid a salary by Webster Ballinger, of Washington, D. C, at least a part of the time, since entering into these cases, besides his office expenses being paid by Mr. Ballinger. There is in existence, I understand, a contract between Mr. Ballinger and the other two attorneys named, which probably provides that these attorneys are to share with Mr. Ballinger in any fees that may be hereafter allowed in these cases. I have made but little inquiry concerning the history of Mr. Rodkey, or concerning his reputation at this time. As he has maintained headquarters at Okemah and I have been investigating the Choctaw cases out of Muskogee, I have not had occasion to devote any time to an investigation of his operations. Mr. H. B. Seddicum, Government farmer at Okemah, Okla., uses the following language in a letter addressed to me referring to Mr. Rodkey: "Mr. Rodkey has nothing here only his home, and that is heavily incumbered, and in fact, until he went to work for Webster Ballinger, he was in a very bad way finan- cially, but I understand he is getting his expenses paid while doing this work, and will get a good bonus when Ballinger gets his commission . * * * He has no office here, but is working sometimes in the office of Charles E. Guthrie and Z.J. Thompson." I quote further from his letter as follows: "I have never heard Mr. Rodkey represent that they were connected with or were Government officers or employees, but said they were being greatly assisted by Mr. Allen's office, the national attorney, as they were close together at Muskogee, and when the parties came over there part of them were taken care of in his office, and they were also being assisted by the office of the Five Civilized Tribes, and the department knew and approved of what they were doing. (See Exhibit B.) It should be needless for me to comment that Mr. Rodkey's alleged representations to Mr. Seddicum concerning the assistance rendered by Judge Allen's office and the office of the superintendent for the Five Civilized Tribes is an absolute misrepresenta- tion. Judge Allen denies that he rendered any assistance whatever to these persons, and I know that the office of the Five Civilized Tribes has not given them any aid. i:\DIAX APPKOPEIATION BILL, IDl"?. 57 Mr Rodkey's alleged statement that the department knew and approved of their york IS without doubt also a misrepresentation. Such statements, how<^\er, are mild indeed when compared with the misrepresentations made by Mr. Lindly and his associates, which will be hereafter commented upon. Mat M. Lindly, who has practically been in charge of the Muskogee office of Mr. Ballinger since he opened the same, is a resident of McAlester, Okla. He was, several years ago, Chief Deputy United States marshal at McAlestci-, but, I am reliably in- foiined, lost his position on account of excessive use of intoxicants. He was admitted to the bar at McAlestei-, and since has been employed in the preparation of enrollment cases in which Mr. Ballinger has been interested, together with a limited amount of probate practice. I attach a letter from Supervising Field Clerk S. G. Brink (see Exhibit C), who has been acquainted with Mr. Lindly for several years, having been formerly stationed at McAlester, from which I quote as follows: "He (Mr. Lindly) has not been entirely sober or out from under the influence of liquor for several years, at least that is my impression, because I do not think I ever got near him that the smell of liquor was not around him. " I attach also a letter addressed me by Field Clerk" R. L. Allen, of McAlester (see Exhibit D), in which he uses the following language with reference to Mr. Lindly: "I have interviewed three business men of this city relative to the standing of MatM. Lindly, and in each their reply was practically the same: 'His standing in the city of McAlester is very low.' I am not personally acquainted with Mr. Lindly, but from wliat I have been able to learn about him he is a man addicted to the excessive use of intoxicants, and will stoop pretty low for a dollar, and has been engaged to some extent in grafting among the Indians." I find upon investigation that Mr. Lindly 's chief lieutenant in this work has been Nelson Durant, an intelligent, fairly well educated negro, "who poses as a lawyer and preacher. He has the reputation in police circles of being a resourceful crook who has made a livelihood for years by practicing deception and fraud, principall}- upon the members of his own race. He has been in jail several times in Muskogee and Wagoner Counties, charged with obtaining money under false pretense, and has served one term in the Oklahoma State Penitentiary at McAlester, Okla., having been sentenced there from Muskogee County in March, 1909, ^for a term of three years, having been con- victed upon the charge of obtaining money under false pretense. He was discharged on expiration pardon August 27, 1911. I attach his photograph, which I obtained from the warden of the penitentiary, which gives his prison number as 803. (See Exhibit E.) Durant has been one of the chief organizers. Perhaps 20 or 30 other negroes have been employed as field workers, and in. this way the applicants were assembled and herded into Muskogee. It is a fact well known to most of the occupants of this build- ing that thousands of negroes have visited the offices of Ballinger, Lindly & Rodkey during the past year. They have sim-ply gone up to these offices in droves, filling the halls and making themselves generally obnoxious to the occupants of the other offices on the second floor. Mr. Janeway, formerly chief of field division, advised me recently that Mr. Lindly had told him that Mr. Julius Golden, the notary public who took the acknowledg- ments to the petitions and afladavits prepared in the Muskogee office of these attorneys, had made perhaps as much as |1,500 during the last year in fees (Lindly remarking incidentally that he was complaining because one or two owed him small fees). This large amount of money indicates the extent of the business done by these attorneys. I believe a close investigation will bear me out in the statement that out of the several thousand persons who have visited the offices of these attorneys since they were opened that 99 per cent have been persons of negro blood. Through the efforts of the large number of negroes associated with Mr. Lindly and Durant, it was advertised throughout most sections of the Five Civilized Tribes that the rolls of these tribes had been reopened, and that Government men from Washington, D. C, had established themselves in the Indian agency building at Muskogee for the purpose of taking applications. Mr. Lindly has posed as the Government representative. There is no doubt in my mind that he has led these gullible negroes to believe that he was representing the United States Government in the work being done by him. I will hereafter refer to testimony of various persons who have sworn that Mr. Lindly so represented him- self to them. Every circumstance— the renting of these offices in what was practi- cally a Government building, the employment of criminal negroes m the organizations, and the uniform system of misrepresentations practiced by them— all establish, in my mind, the fact that a well-laid scheme was concocted by the originators of this business. It is the evident purpose of Ballinger, Lindly & Rodkey to so operate their business that the responsibility for the violation of law will rest upon the negro 58 HSTDIAN APPROPRIATION BILL, 191'?. tools who have been employed by them. I shall first attempt a deta,iled statement of facts shown, by my investigation of the Choctaw enrollment cases investigated. Durant occupied office No. 245 of the suite rented by Mr. Ballinger, which served, to some extent, as a waiting room. Mr. Lindly occupied office No. 247 ,_ which con- nects with the former through an alcove. A very small room about the size of a lar^e closet, but with an outside entrance, is sandwiched between these two offices and is numbered 246, I believe, but is connected with only the one office No. 247. The evidence shows that Durant examined the prospective applicants first; that he had copies of the printed roll of the Five Tribes, which he consulted in connection with his interviews with these persons; that he made pencil memoranda which he worked out and submitted to Mr. Lindly, who himself prepared the petitions on a type- writer for the signature of the applicants. The data from which the affidavits were prepared in support of the petitions was made out in like manner by Durant and written out in proper form by Mr. Lindly, in person, on a typewriter. The little office referred to seems to have been used by Durant as a private consul- tation room where he extorted money from the applicants. Mr. Hurley and I obtained exhaustive depositions from a dozen or more ^ persons who have filed petitions through the attorneys named for enrollment as citizens by blood of the Choctaw Nation. All of these applicants are negroes of the illiterate, unreliable type. In their examinations they wfere nervous and evasive, demonstrat- ing fully both by their conduct on the witness stand and by their answers that their claims are in fact fraudulent. Their petitions as drawn by Mr. Lindly, supported by affidavits, establish prima facie cases. In each case ■ examined the petitioner alleges blood relationsliip with persons connected with prominent full-blood Choctaw families, who are identified in such petitions by roll number. Cross-examination of these negro claimants develops the fact that they have no knowledge whatever of any relationship to the persons whose identity is so positively asserted in petitions signed by them. If these claimants signed these petitions, knowing the contents thereof, they committed perjury in so doing. The person who supplied the data upon which these petitions were based must have necessarily known that these allega- tions were false, and any claim based thereupon fraudulent. They are therefore, in fact, guilty of subornation of perjury. Attention is invited to the fact that Durant furnished the data and Mr. Lindly wrote the petitions. A dozen or more professional witnesses were constantly on hand at the Muskogee offices of these attorneys. Among those I name the following persons who seem to have acted as principal witnesses: Webster Burton, Alec Nail, William James, Will Moore, Ben Grayson, William McCombs, Dollie Stedham, D. L. (Tobe) Berryhill, William Thompson, and Wiley Mcintosh, jr. Most of these men acted as field workers also, together with Nelson Durant, Manna Bruner, Willie Vann, Charles Guthrie, Charles Gould, and Nelson Grubbs. All these witnesses and field workers are negroes, with the exception of William McCombs, Charles Gould, Charles Guthrie, Ben Grayson, and D. L. Berryhill; the first three named being white persons, and the last two named Creek Indians. Nelson Durant, Ben Grayson, William James, Wiley Mcintosh, jr., Will Moore, and Manna Bruner have served terms in the penitentiary. I attach photographs of al] of them furnished me by the penitentiary officials, with the exception of the last two named. Dozens of the petitions filed by these attorneys in Creek cases have attached thereto the affida\rits of William James (negro), and Ben Grayson (Creek Indian). In many of these cases an attempt is made to establish the case with their affidavits alone. Both of these men are of the most unreliable type. Either one of them would perjure himself in any matter for a small amount of money. I have not gone into any of the Creek cases presented by Mr. Ballinger, but as we found the affidavit of William James attached to a number of the Choctaw cases filed by this attorney, we know positively that every affidavit made by him in these cases is absolutely false. Fur- ther reference will be made to his testimony later. I am attaching hereto a complete copy thereof. He is now in the Oklahoma State Penitentiary, as shown by his pho- tograph attached. (See Exhibit G.) Ben Grayson, as indicated by the data attached to his photograph (see Exhibit F), served a term at Leavenworth some years ago, but I am advised he is now wanted in Okmulgee County for passing bad checks. William Thompson (negro), now convict No. 6069 in the Oklahoma State Peniten- tiary (see photograph, Exhibit H), acted as a professional witness principally in Creek cases. He is now serving a term for perjury committed by him recently in Tulsa County. Wiley Jlclntosh (negro), also acted as a professional witness in Creek cases. He is now serving a term in the State Penitentiary for having aided William James in perpetrating a fraud upon this office some few months ago in the matter of a Creek equalization payment. INDIAN APPEOPEIATION BILL, 1917. 59 witai'l^o°r°M,-^'^^=n-^' ^^° ^n ^^\^ *° have served a term at Leavenworth, acted as a I^ t34o= . • Ballinger in Cjeek cases. He is now wanted by the Muskogee County authorities, and is a fugitive from justice. Manna Bruner (negro), acted principally as a field worker, and is reported to have obtained money from various persons representing that he would enroll them. He has undoubtedly represented himself as a Government officer. I will hereafter refer ™,.^'\r ™°^7.9°?^^'''H'^S ^®P''^^6'^*'''tions made by him. es), have acted as p: jmselves as Governn: , , . J- — , —d nioney from various persons. Extended relerence will be made hereafter to the testimony taken referring to their operations Dollie btedham is an old Creek Freedman (an ex-sla^•e), who has acted as a princi- pal w-itness m Creek cases. J. E. Bentley, field clerk at Okmulgee, Okla., makes f. 'o'^oyiiig comment m a letter to me referring to this woman: 'I believe I am safe in saying that she is a person who would make most anv kind ot an afhdavit.m order to get h.old of a little money." D L. Berryhill, an old Creek Indian who can scarcely write his name, has been used as a witness m almost every Creek case filed bv Mr. Ballinger. He seems to maintain a fairly good reputation, and I am inclined to believe 'that he has been imposed upon by the persons associated with Mr. BalUnger. Alec Nail in an ex- haustive statement made before me, testified as follows with reference to Berryhill- _ Q. An old man named Berryhill acted as a witness. Did he drink?— A Yes sir; they were drunk nearly all the time. ' ''Q. Did Mr. Lindly drink?— A. I have smelt it on his breath, and he acted like it." This may ejcplain why Berryhill signed so many false affidavits. William McCombs, a full-blood Creek Indian, served as a witness in many Creek cases. He has acted for a number of years, as an interpreter around this country, working most of the time for grafters. I regard him as entirely unreliable. He is drunk most of the time. He is referred to in Alec Nail's testimony as follows: "They (referring to Ben Grayson and WilUam James and others) were nearly drunk all the time, and old man McCombs was drunk also." Charles Gould (white), of Bristow or Dewey, Okla., has served as a field worker in Creek and Choctaw Nations. He represented himself to be in the Government •service and offered to enroll persons for $50 each. See reference hereafter made concerning testimony gathered covering some of his operations. I have not inves- tigated his personal history, and I know little about him. Charles Guthrie (white) has operated out of Okemah, Okla., under Mr. Perry Rod- key. I know little about his history or present standing in the community and have not investigated his operations to "any extent. However, I was in Tulsa recently and found that he had been there operating among the negroes. He had, through a negro notary public, G. W. Wilson, and another irresponsible negro named Charley Willard, gathered together a large number of Tulsa negroes who filed application for enrollment. I investigated six or eight cases filed by these negroes wherein they applied for enrollment as Choctaw Indians by blood and find in every case that the claimant is a negro who, in all probability, has no semblance of title to enrollment as a citizen of any tribe whatever. It was, in fact, with difficulty that I induced some of them to come to Mr. Hurley's office, and, in fact, failed in an attempt to see sev- eral, as they had become alarmed and did not care to face the fraudulent claims made by them. Ida Lewi?, who (together with her husband, John Lewis) had applied for enrollment as a Choctaw by blond, told me over the telephone, when I requested her to call to see me, that she wanted to drop the matter and did not want to have any more to do with it. 1 find that the affidavits filed in support of practically all of these Choctaw cases were made by the professional negro witnesses, Webster Burton, Alec Nail, and William James. These negroes followed no other occupation for months, and were in constant attendance in the Muskogee office of Mr. Ballinger, prepared at all times to make their thumb marks upon and swear to every affidavit prepared and put before them by Mr. Ballinger' ; associates in this office. These witnesses were paid from 50 cents to $2.50 each by every applicant for whom they made an affida^■it, and exacted a promise of additional consideration from many. I obtained exhausti^'e statements from each of these negro witnesses, and I attach complete copies of such testimonv. The affidavits of these witnesses, as they appear attached to the applications filed by Mr. Ballinger are relied upon to pro.e that the applicant is of Choctaw blood, purporting to show clearly the ancestry from which this blood was derived, identifying, by roll number, many alleged blood relati\'es who were enrolled as Choctaws by blood, and going into detail as to why such applicant h^.d failed of enrollment by the Dawes Commission. With-not one exception, e\"ory affidavit filed by Mr. Ballinger 60 INDIAN APPROPRIATION BILL, 1917. in support of the petitions of these so-called Choctaws by blood, purporting to have been executed by these witnesses, is false in its entirety. These negroes testify, in the first place, that they had not known one of the applicants before they met such applicant in Mr. Ballinger's office at the time they made the affidavits. Alec Nail is an old negro of the ante bellum type. (See his photograph attached as Exhibit K.) He is a Choctaw freedman, and has resided all of his life in the Choc- taw Nation. He seems proud of the fact that he has had quite an extensive acquaint- ance among the Choctaws. In his egotism he almost goes to the extent of claiming that he knows every person who has lived in the Choctaw Nation since his boyhood. I imagine that he was in his glory seated in Mr. Ballinger's Muskogee office as his principal witness in Choctaw enrollment cases where he could boast, to his heart's content, before the hundreds of negroes who visited these offices. He at once became, in his own mind, a very important person. The money that was paid to him by these negro applicants for enrollment as citizens by blood doubtless caused his imag- ination to run riot, and led him to believe, for the moment perhaps, that certain persons, prominent Choctaws whom he had heard of all of his life, who were found upon the roll books by Durant, were in some way related to these applicants. Never- theless, he swears before me that he never met one applicant for whom he made an affidavit before he met such applicant in Mr. Ballinger's office. He admits that they all had the appearance of being of negro blood; admits that he does not believe that there is any relationship existing between these applicants and the persons with whom they claim relationship in their several petitions. "When confronted with his various affidavits, he states that he told Lindly time and time again that he knew nothing about their ancestry, and that he was testifying in these affidavits only that he knew the persons refeiTed to therein, not intending to identify them as ancestors of the applicants. It is evident that Durant and Lindly have both been ^ilty of subornation of perjury in the preparation of all of these petitions and affidavits. I am setting out below excerpts from the testimony of Alec Nail, given before me on July 31, 1915, with reference to certain features touched upon by me: "Q. What is your occupation? — A. Ain't able to do nothing now. "Q. What have you been doing since you have been in Muskogee? — A. I not done anything. I liked to have died last summer and if it had not been for Mrs. Hester, Senator Owen's mother-in-law * * *. ' ' Q. Well, have you made any money at all since you reached Muskogee? — A. None to amount to anything. ''Q. Have you made any? — A. Sometimes when I witness for people down here they give me a dollar and sometimes $1.50. " Q. What people do you refer to that paid you this money? — A. Those that claimed. * * * Those that make application for enrollment as citizenship. "Q. Where is that office located? — A, Metropolitan Building. "Q. Do you know the number of the room? — A. No, sir; I would not know it if I was looking at it. Rodkey, Lindly, and Ballinger is printed on the door of the office. "Q. The Metropolitan Building is the building that the Indian agency is in? — ^A. Yes, sir. ******* "Q. Do you know any of the persons that you signed affidavits for? — A. No, sir. "Q. Were you personally acquainted with them? — ^A. No, sir; I don't believe I was. "Q. You merely accepted their statements as true, what they told you concerning their parentage? — ^A. I did not consider their statements; they would say they were kin to Willie Johnson. "Q. Did you believe what they told you or not? — A. I have just thought about that. "Q. You had no other reason, except their own statements, to believe they were children of Choctaws? — A. No, sir. "Q. Do you know Mr. Ballinger? — A. I have never seen him. "Q. Who keeps the office down there? — A. Nelson Durant and Judge Lindly. He type wrote whatever is down. "Q. Any other person? — ^A. Mr. Golden; he swears the people in. "Q. What did Mr. Lindly do, exactly? — ^A. He type wrote and would go in the room where the colored lawyer was. "Q. Would Durant write it down with a pencil? — A. I guess so. "Q. And would hand it over to Lindly and Lindly would write it out himself on the typewriter? — A. Yes, sir. "Q. Were these affidavits read over to these persons befire they signed them? ^A. Well, the majority of times they were, at least mine were. INDIAN APPROPRIATION BILL, lOll. 61 "Q. Your affidavits were read over to you? — A. I supposed they were. I can't read. "Q. They pretended to? — A, They had me thinking so. * * * -t :t! * * _"Q. Did not all of these applicants or claimants think they [referring to Ballinger Lindly & Rodkey | were in the Government service? — A. I am not positive about that, but it is likely to believe that they were in the Government service, for he would not take any pay for what ho did — Mr. Lindly. "Q. You think he was in the Government service',' A. Yes, sir; I hear him say that you could not pay him a thousand dollars, and if the Governrnent didn't have him, some one did." There is filed with the application for enrollment of Annie Abernathy, of Muskogee, Okla., who applied for enrollment as a Choctaw citizen by blocd, an affida\-it purport- ing execution by Alec Nail before Julius Golden, a notary public, on May 6, 1915, in which Nail, among other things, testifies as follows: "That he is well and personally acquainted with the applicant and that he has known her since she was a small girl; that he was also well and personally acquainted with both her father and mother. Her mother was Caroline Tyson, n6e Frazier. He was a three-quarter Choctaw Indian by blood; that her father was Sam Tyson, who was a full-blood Chickasaw Indian who lived in the Choctaw Nation, near old Fort Towson. * * * That the said mother had quite a number of brothers and sisters. [Here names several]. That her said father had brothers that I also knew. [Here names them.] * * * That he had known the applicant at the different places that she has lived near Bokchito, Caddo, and in that part of the country until she came to Muskogee, some three or four years ago." I quote below from Alec Nail's testimony given before me on July 31, 1915, which is a part of the testimony referring to the affidavit from which I have just quoted: "Q. Did you make this affidavit? — A. Not all that that is stated there. "Q. Did you sign a statement relative to these facts? — A. No, sir. They took the roll book out and pointed to a number and asked if I knew so and so, but they could get that without me. "Q. Did you swear that you knew all these applicants of your own personal knowl- edge? — A. No, sir. What did they call that woman, Annie Abernathy? "Q. Her name as it -appears here is Annie Abernathy, n€e Frazier. — A. She is just a yellow woman. She is not a Choctaw at all. She is just a nigger around Muskogee . That is all there is to it. ''Q. You said just now you were not acquainted with this woman until she was in- troduced to you? — A. Yes, sir; they took out the roll book and asked me if I knew a Frazier, and I said yes. "Q. You know nothing about this woman's parentage or any of her relatives?-|-A. No, sir. She had negro blood in her. I did not think she was related to them Fraziers, 8s they were Indians and this woman was negro. " Q. You say that Mr. Lindly wrote this affidavit? — A. He typewrote them and would give them to the colored lawyer. "Q. Was this colored lawyer in there all the time you made these affidavits? — A. Yes, sir. "Q. You were required to raise your right hand and swear to this affidavit to which you attached your thumb mark? — A. Yes, sir." In an affidavit purporting execution by Nail, filed by Mr. Ballinger, with petition of Mary Reeves, n6e Hampton, for enrollment as a citizen by blood of the Choctaw Nation, Nail is made to testify, among other things, that he is well and personally acquainted with the grandfather of the applicant, and that his name was Isaac Hampton. He is then made to go into the history of the Hampton family, pretending to identify the applicant as the little girl whom he knew, that had lived with her grandfather just named. With reference to this affidavit Nail testified before me, in part, as follows: "Q. Did you sign an affidavit as a witness for a woman named flampton?— A. I think so. . i • i t. o "Q. You had not seen nor known this woman previous to the time she came here f— A. Never seen her until that day. "Q Was she a colored woman?— A. Yes, sir; she was a yellow woman. "Q Do you remember who she claimed were her parents?— A. I thmk she claimed that she was kin to the Hamptons down there, to the Choctaw Halmptons down there. She claimed to be related to them. ******* " You mean that you would take what was said about their parents and swear to what they told you?— A. No, sir; I would only swear to what I knew about the Indians." 62 INDIAN APPEOPKIATION BILL, 1911. I quote further from the testimony of Alec Nail; " Q. Do you remember what this woman [referring to Alice Cole, an applicant for enrollment as a Choctaw by blood] paid you for making this affidavit? — A. She promised to give me 82.50, but I only got a dollar. "Q. What did Duraut get from this applicant?— A. That is the secret part of it. " Q. Did you ever see the applicants give him any money? — A. No, sir; you could not see them. " Q. Why?— A. Because they went in that cutoff so you could not see them, little room there. "Q. Who went in there with him? — A. Durant and the claimants. "Q. Were they alone? — A. Yes, sir. " Q. He seemed to do all of the talking?— A. Yes, sir. "Q. Who paid Mr. Golden, the notary public?— A. Those people who made the afladavits that would be $2 as they said the law required them to have two wit- nesses and would charge $2. "Q. What was that for? — A. Notary fees they called it. "Q. Do you know a person named Jane Driver?— A. I don't remember. " Q. Did you sign an affidavit identifying such a person in Mr. Ballinger'a office?— A. No, sir; I never identified a soul in that office. They had not a man in that office that I knew. ******* " Q. Was Judge Lindly in the room when these applicants were examined? — ^A. Yes, sir; they were examined by him. "Q. All of them? — A. Yes, sir; the witnesses were examined by him. "Q. Who examined them first? — A, Well, it was written down by Nelson Durant in a little room. "Q. How many rooms have they? — ^A. Two outside the little room. "Q. How large is the little room you speak of? — ^A. A very little room. "Q. Which room is Nelson Durant in? — A. Next to where the white ladies work. "Q. Which office did he have, the one the applicants waited in? — ^A. He staid in the room where the applicants first went. "Q. And Lindly was in the other room? — A. Yes, sir. "Q. Would they first be examined by Nelson Durant? — A. I don't know whether you would call it that. "Q. Would he ask them questions first? — A. Yes, sir; he was guided by the roll book, got their roll number and age from the roll book. " Q. And after he examined them would he take them in to Mr. Lindly ? — ^A. Yes, sir; a great part of the time; he would hold what he was reading. "Q. He read it off to Lindly? — ^A. Yes, sir; the applicants did not have much to say when they came in there. It was already written off. "Q. Did he question you as to what you knew about the applicants? — A. Yes, sir; about every one of them. "Q. Mr. Lindly did?— A. Yes, sir. "Q. I thought you said he took what Nelson Durant would tell him. — A. It is this way. Nelson Durant would write up what the applicant had to say and hand it to Mr. Lindly and then Mr. Lindly would question me about what I knew about the applicants and write it out on the typewriter. "Q. Would Nelson Durant question you first as to what you knew about the appli- cants? — A. Yes, sir; he would ask me if I knew these people. A woman or man would claim to be a Choctaw; take the Hunter family: Do you know Thomas Hunter, that he has a grandson, do you know that, and I would say yes, sir. "Q. You know nothing about the ancestry of this woman who calls herself Jane Driver? — ^A. No, sir. "Q. Do you know whether she is a Choctaw by blood? — A. No, sir; I don't believe there is a bit in her. "Q. This woman who calls herself Jane Driver, was she a negro? — ^A. Looks just about like I do. "Q. Just about your color?^ — A. Yea, sir; about my color. [Dark-brown skin.] "Q. In this affidavit which you made in support of the petition of Jane Driver for enrollment as a citizen of the Choctaw Nation by blood you are made to state that you knew this applicant when she was a small child; that you remember that she could not talk to amount to anything; that she was mentally all right but did not have the faculty of speech. Did you state this in Mr. Ballinger's office? — ^A. No, sir; there was no need of it. "Q. Did you know this woman when she was asmall child? — ^A. No, sir." In an affidavit made before Julius Golden, a notary public, on June 22, 1915, filed by Mr. Ballinger in support of the petition of Josie L. Arnold, n6e Lewis, for enroll- INDIAN APPKOPEIATION BILL, 1917. 63 ment as a citizen by blood of the Chickasaw Nation, Alec Nail is made to testify in part as follows: "That he knows the applicant, Josie L. Arnold; that he also knew her mother, Sofia Lewis, n6e Kemp, and all the Kemp family; that the father of her mother, Sofia Lewis, n6e Kemp, was Jackson Kemp. * * * The applicant was raised bp old Aunt Caldonia Green, a colored woman, who was formerly the slave of her grand- father, Jackson Kemp." In his examination by me on July 31, 1915, relative to this petitioner, Josie L. Arnold, Alec Nail testified in part as follows: "Q. Did you make this affidavit? — A. I know the name of some of those Kemps; they would ask me about people named Kemp that I knew, and I would state whar I knew. This woman was looked up on the roll and they would ask me if I knew the Kemps, and say go to work and name how many you know, and I would go and name as many as I knew. "Q. You can not say that you know this applicant? — A. No, sir; I know I don'r know her. "Q. You did not know any of the people that you met in that office? — A. No, sir. ******* "Q. Did you know a Sofia Lewis, who was a Kemp before she was married? — A. I don't know; I can't remember. "Q. Did you ever know a Jackson Kemp? — ^A. Why, sure; yes, sir. "Q. What relation was Jackson Kemp to Sofia Kemp? — ^A. I couldn[t say. "Q. You were made to swear in this affidavit that I read you that this woman who appeared in the office downstairs is a daughter of Sofia Lewis, who has been a Kempj and liiat Jackson Kemp was the father of Sofia Kemp. What do you know about that? — ^A. I don't know nothing about that. I don't know who Sofia Lewis was; she may have been the mother of the one making application. Q. You do not remember Sofia Lewis? — A. No, sir; I don't. ******* "Q. What blood was Jackson Kemp? — A. He was a full-blood. He looked to be. "Q. Full-blood what?— A. Chickasaw. "Q. Did you make an affidavit down there for any person who was not a negro? — A. Not to my knowledge, except Jackson Barrett, and another white man I forget; let's see, Mr. Eubanks. ******* "Q. Were all the women for whom you made affidavits down-stairs negroes? — A. Yes, sir; all negroes, I believe. ******* "Q. C^-n you read?— A. A little in the Bible. Can't read to do no good. "Q. Can you sign your name? — A. Oh, no. Can't write a line. ******* "Q. Mr. Lindly knew that you did not know this woman? — A. Yes, sir; I told him so. ******* "Q. So Mr. Lindly wrote on the typewriter the affidavit that you made? — A. Yes, sir. ' ' Q. And you say you told Mr. Lindly that you did not know any of the applicants , and did not intend to identify them?— A. Yes, sir. "Q. Well, what were you doing down there? — A. I would prove that I knew the Choctawa. Advise them. ******* " Q. It was your understanding that you were merely to testify that such a Choctaw family lived at one time, and you would testify as to remembering that family; you did not testify that the claimants were related to any of the members of the families you have mentioned?— A. No, sir; I couldn't." As a matter of fact, investigation tends to show that this claimant for enrollment, Josie L. Arnold, was probably born and reared in Louisiana, not having removed to this country until some few years ago, although she swore before me that she was bom and raised in the Chickasaw Nation at Wiley. Her claim is absolutely fraudu- lent, and she committed perjury in her testimony before me. I quote further from Alec Nail's testimony as follows: „,.-,, ^ ., " Q Do you recall a woman who claimed to be a descendant of the Wright family of Ohoctaws?— A. I recall a woman that claimed to be a daughter of old Leonard Wright. 64 INDIAN APPROPRIATION BILL, 1&17. " Q. Had you ever seen this woman before you met ter in Mr. Ballinger's office? — A. Never did. ******* " Q. Was Leonard Wright a brother of old Gov. Wright?— A. Yes, sir; Allen Wright's father at McAlester. "Q. Were they fuU-blooda?— A. Yes, sir; old Gov. Wright was a full-blood. ******* " Q. Was this woman who claimed to be a daughter of Leonard Wright a negro? — A. Yes, sir; she was yellow. "Q. She was yellow? — A. Yes, sir; I told them to send that [indicating papers in this case filed by Ballinger] to McAlester, but they would not do it. Three Texas witnesses were there to that. "Q. You say they had three Texas witnesses to witness that? — A. They had two; I will say that. Bill McCombs brought them up here. * * * * * * * "Q. Do you know James Goings? — A. Yes, sir; I know a Jim Goiags since I have been here. "Q. Did you first meet him in Mr. Ballinger's office? — A. Yes, sir; the first time in my life. (This man is an applicant for enrollment as a Choctaw citizen by blood. W. L. B.) " Q. Do you know the father and mother of this applicant, Jim Goings? — A. No, sir. "Q. Do you know whether the father's name was Henry and the mother's name was Frances? — A. No, sir. "Q. Did you ever know a Henry and Frances Goings? — A. Yes, sir; I have heard of that family; but that thing [indicating affidavit] was made a long time before I saw it. "Q. What do you mean? — A. They took his application in a long time before they knew I was here. I was sick, but they referred him to me, and when I got up his application was made out already, and I was just asked about the GoLngs family, and I said I knew them. ******* "Q. There is an affidavit attached to this application filed by Mr. Webster Bal- linger, acknowledged by you before Julius Golden, a notary public, on March 23, 1915, in which you are made to state that you first met this applicant more than 30 years ago at Doaksville. — A. No, sir. " Q. And that you were well and personally acquainted with the father and mother of this applicant, Henry and Frances Goings, and that you knew the brothers of Henry Goings, and that their names were George, James, and Alfred? — A. I do not know that at all; they are all on the rolls, them I gave. "Q. And that their oldest one died before the war. Did you make this statement to any person in Mr. Ballinger's office? — A. Not like you are reading Lt. ******* "Q. You did not know any of the people that you met in that office? — ^A. No, sir. "Q. What office do you mean when yon refer to that office? — ^A. Well, it says Ballinger, Rodkey & Lindly. They say it Is their names on that door. ******* "Q. Do you know how much you got for making this affidavit? — ^A. No, sir; some- times I got a dollar, sometimes 11.50, and sometimes $2. "Q. Who gave you this money? — A. The applicants; the one making the applica- tion. They paid me the money I got. " Q. Did you ask for the money? — A. Tliey said if you do not pay the witnesses and notary fees the papers do not go out of the office. They said that they was to get two old members of the tribe, and I was in the Dawes Commission one day and they employed me to see about it. I did not have any confidence in it. Q. You told me, did you not, that most persons who applied for enrollment down there in their office as Indians by blood were negroes? — A. Every one of them. "Q. And they tried to get on the blood roll? — A. Yes, sir; and I would say, why don't you get on the rolls with me; but they said they would get on the blood roll." I have quoted rather fully from the testimony of Alec Nail, for the reason that it shows clearly the character of the work done by Mr. Ballinger and his assistants in Oklahoma. A review of the twenty-five or more enrollment cases filed by Mr. Web- ster Ballinger, which have the affidavits of this chief witness. Alec Nail, attached, shows that all of them were prepared under the same circumstances, being, in fact, manufactured cases from the beginning. INDIAN APPEOPEIATION BILL, 1911. 65 Webster Burton, another chief professional witness in Choctaw enrollment cases 41ed by Mr. Ballinger, is a negro of the illiterate class, entirely unreliable; in fact, of the indolent petty- thief type. He is a Chickasaw freedman, and his sole occupation for months was loafing around the oiEces of Ballinger, Lindly & Rodkey, getting what money he could from the negro aspirants for enrollment as citizens by blood of the Choctaw Nation for making affidavits for them. Dozens of these worthless, perjured affidavits signed by thumb print accompany petitions of various persons applying for em'ollment as Choctaws by blood filed by Mr. Webster Ballinger. Although in these affidavits Burton is made to testify to family histories of these applicants in detail, he testified before me as follows: "Q. Yoii made quite a number of affidavits down there? — A. Well, I signed some. "Q. In Mr. Ballinger's office? — A. Yes, sir. "Q. How many affidavits do you suppose you made? — A. I have no idea. "Q. Were you personalljr acquainred with all the persons for whom -you made affidavits? — A. Was I acquainted with them? "Q. Were you personally acquainted with them? — A. No, sir; I was not. "Q. Were you acquainted with any of them? — A. No one. I told them that. "Q. You had never seen one of the persons? — A. No, sir; never seen them." Continuing, he testifies how these affidavits were prepared : "Q. "V^Tio prepared the affidavits that you signed? Who wrote them? — A. Lindly type wrote them out. ''Q. Did you tell him what to write in thses affidavits?— A. No, sir; I told him of the Indian people I knew. "Q. Did Mr. Durant have anything to do with the preparation of these affida- vits?— A. Well, I am going to speak that the best I know how. Diyant would fill them out. "Q. He would write them out with a typewriter?— A. Yes, sir; whatever tribe these people were, he would wiite that out and if I knew that tribe, he would write that out. I gave them all to understand that I didn't know them. "Q. IDid Duiant question you himself as to your knowledge? — A. No, sir. "Q. Did Mr. Lindly question you as to the extent of your knowledge? — A. No, lir; he didn't. "Q. Did he simply write out these affidavits without asking you?— A. He wrote these affidavits from the questions wrote out from the roll book, for the Indians on the roll. "Q. Who would find them on the roll?— A. Durant or those Indians would take the roll book and find them. "Q. After these affidavits were written up on the typewriter by Mr. Lindly were the affidavits read to you? — A. Yes, sir. "Q. By whom? — A. Golden. "Q. By Golden?— -A. Yes, sir. "Q. He was a notary? — A. Yes, sir. "Q. Can you write your name? — A. Can't write at all, or read. "Q. You signed these affidavits by thumb mark?— A. Yes, sir." Burton acknowledges that he was paid from 50 cents to $2.50 each for makmg these affidavits, and that he had been promised as much as 1100 additional by several appli- cants, if they were successful in securing enrollment. ,, ,, T r^ I quote from a letter dated August 9, 1915, addressed to me by Mr. M. L. Garrett, United Statas probate attorney at Tishomingo, referring to Webster Burton: _ "1 have talked to several who knew him while he lived m the vicinity of Milburn, Okla., and the most of them say that his reputation was pretty bad, that they never knew of his being prosecuted for any crime except the one mentioned above (fornica- tion)." . , , I quote further from the testimony of Webster Burton given before me: "Q. Have you been in the penitentiary?— A. No, sir. "Q. Have you been in jail?— A. Yes, sir. " Q. How many times have you been m jail?— A. I can t tell you. "Q A number of times? — A. Severaltimes. "Q. What were you charged with?— A. Whisky and fightmg. "Q. Whisky selling?— A. No, sir. "Q. Introducing?— A. Yes, sit. ****** "Q. What counties were you in jail?— A. I have been in jail in Port Smith and '"^T^^aS^atteching hereto a copy of Burton's testimony before me. I could go into deUund show the different false affidavits that were made by him, referred to m this 25134— PT 4—16- 66 INDIAN APPEOPEIATION BILL, 1917. testimony, but I believe all that it is necessary for me to state here is that it '^ould be practically a repetition of the testimony of Alec Nail, as set out above, -livery am- Savit purporting to have been made by this man and filed by Mr. Webster Ballinger is false practically in its entirety. . „,.,,- ,v, t„,v,„= Another negro professional witness of Ballinger, Lmdly & Rodkey is WilUam James, heretofore referred to, now serving as convict No. 6087 m the Oklahoma btate fem- tentiary. His affidavit is submitted by Mr. Ballinger in support of a dozen or more Choctaw petitions for emollment, and perhaps as many as 50 Creek petitions tor •enrollment. He is of the criminal type, and would perjure himself m any master for a small sum of money. He has never resided in the Choctaw Nation, yet we find his aflidavit, as stated, attached to a dozen or more petitions filed by Mr. Ballinger on behalf of persons seeking enrollment as choctaw citi2!ens by blood, which are intended to prove the Choctaw blood of such applicants and trace the blood relationship of the applicants to certain Choctaw ancestors. It is needless to make the comment that these affidavits are entirely false. James, in his testimony before me, frankly admits that he had no knowledge of the facts testified to by him in these various affidavits. I quote briefly from his statement mide before me as follows : "Q. Were you paid anything for maring these affidavits? — A. No, sir; I wasn't paid anything; not until they got it through outside of a little expense money. "Q. If the men got these cases through, what were you to receive? — A. I was to get $25 a head. "Q. You were to get $25 a head?— A. Yes, sir. "Q. Who promised you that?— A. The ones that were making the applications. "Q. Did Mr. Lindly or Durant, or anyone else, sanction that? — A. No, sir. They didn't sanction that at all; the applicants that were making the applications if they got through were to pay the witness fee. "Q. How did the applicants come to promise you $25?— A. For making a witness for them' "Q. Did you ask the witnesses to agree to pay you |25 for acting as a witness for them?— A. I asked them what they would allow me for making it; for helping them through. "Q. You exacted that? — A. Yes, sir. "Q. You said just now, James, that you wert to have your expenses paid. Who agreed to pay your expenses? — A. The ones who were making applications gave me 50 cents." Julius Golden, a notary public of Muskogee, Okla., has taken the acknowledgments to all of the petitions and affidavits made in support thereof prepared in the Muskogee •office of Ballinger, Lindly & Rodkey, as heretofore shown. Testimony of these applicants and witnesses shows that the applicants paid Golden, as notary fees, from 75 cents to $2, In most instances they were charged |2, whereas the petit'ons pre- sented by Mr. Ballinger do no't contain more than three or four jurats. The State law prescribes 25 cents as a maximum fee allowed a notary public for signing and placing his seal upon a jurat. It is shown that Golden did not do any clerical work m connection with the preparation of these affidavits. Mr. Lindly has been accredited with the statement that Golden has made, during the last year, as much as $1,500 in notary fees from the applicants who appeared at the Muskogee offices of Ballinger, Lindly & Rodkey. However, Mr, Golden states to me that all jurats were signed and sealed by him in triplicate, and that he in no case charged more than the legal fee. It is reasonable to suppose that he has divided his fees with Lindly and Rodkey, but this is denied. Golden is a real estate dealer, and has resided in Muskogee for seven or eight years. He appeals to me as a cautious Jew, not very conscientious, but he ■would take precautions to avoid violating any law. I do not believe he would hesitate to enter any scheme to defraud, if he thought that he could not be reached by the law for his connection therewith. So in this case. When I brought to his attention the fact that it had been established that practically all of the affidavits made before him "by the applicants and witnesses in these enrollment cases were false, he inquired if I thought there was any danger in his continuing to take acknowledgments in such cases. Of course, I advi.sed him that he would have to exercise his own judgment in the matter, but personally I certainly would not care to have my jurat attached to perjured affidavits. I understand that he continued to act as notary for the attorneys nained after his conversation with me just referred to. As stated previously by me herein, precaution has evidently been taken by the principals connected with this enrollment work to avoid criminal prosecution for the outrageous fraud perpetrated by them and their agents upon many ignorant citizens of this State, and for the assistance given through unscrupulous, designing persons, mostly Negroes, in an attempt to perpetrate fraud upon the Five Civilized Tribes by the presentation of scores of false claims for enrollment. INDIAN APPEOPEIATION BILL, 1917. 67 I understand that the petitions presented by Mr. Ballinger were not accepted by ™e department as applications for enrollment. Therefore no United States statute could be resorted to under which to prosecute any of the persons shown to be guilty of preparing or making the false and perjured affidavits referred to. On the'other hand, I do not believe that any State law covers the case. False swearing before a notary public in such a matter does not appear to be defined as perjury by the sttit- utee of this State. f i ■> j I shall now refer to other criminal features brought out in connection with my investigation of these enrollment cases. In the first place, there has evidently been a conspiracy formed to lead as many ignorant persons as possible to believe that the rolls of the Five Tribes have been reopened, and that Mr. Ballinger and his associates were Government agents sent out for the purpose of enrolling all those persons who were entitled to enrollment who failed in securing their rights before the Dawes Commission. Two intelligent, shrewd, unscrupulous, designing negroes. Nelson Durant and William H. Vann, have proved the most active chief lieutenants. As stated previously herein, Durant is an exconvict. He poses as a lawyer and preacher, but I ana advised that he has never been admitted to the bar, and I take It for granted that if he preaches at all among the negroes it is for the purpose of fur- thering his fraudulent schemes. He is without doubt a crook of the first water. He sustains this reputation among those who know him, and the fact that he was employed by Ballinger, Lindly & Rodkey as one of their chief organizers and operators proves to me the character of the work contemplated by them. My understanding is that William H. Vann has been admitted to practice before the courts of the State as an attorney, and has resided around Nowata and Sapulpa, Okla., for some years. He is regarded as a shrewd; scheming negrb. Nelson Gmbbs, another negro, whose posit-office address is probably Nowata, Okla., haa operated more or less in ccinnection with Vann. In every locality in which I have made any inquiry touching the operations of BaUinger, Lindly & Rodkey I have found that one or more scheming negroes have been employed to herd the applicants for the evident purpose of sending them into Muskogee to be fleeced by Durant and Vann. The evidence gathered by me tends to show that both Durant and Vann have collected various sums of money from the persons seeking enrollment, the indications being that they have obtained all the money that it was possible for them to induce the various persons to part with. A number of persons have sworn that Mr. Lindly and Mr. Rodkey both represented themselves as Government officials, and practically every person interviewed by me who has had any dealing with these individuals states that Durant, Vann, Grubbs, and others associated with them, openly represented themselves to be in the Govern- ment service, stating in that connection that the rolls of the Five Tribes have been opened. I here quote from the statements of several Ballinger claimants and some of their witnesses, made before me, whose complete testimony I do not believe it is necessary to attach, for the purpose of this report. I first quote from the statement of Jennie Wilson, a negro, of Tulsa, Okla., made before me November 18, 1915, who applies for enrollment, through Mr. Ballinger, as a Choctaw citizen by blood, as follows: "Q. Before whom did you make this application for enrollment? — A. Perry Rodkey. "Q. Where does Perry Rodkey live? — A, His office at that time at Okmulgee (Okemah?). "Q. Do you know whether Perry Rodkey is employed by Webster Ballinger, an attorney of Washiagton, D. C? — A. Yes, sir; I suppose so— from Washington. I don't know who he was under. "Q. Webster Ballinger— is that the name Mr. Rodkey gave you as the name of the person by whom he was employed?— A. He didn't give me any name. He said he was working for the Government; heard him speakings— ^ "Q. Is that what Mr. Rodkey told you?— A. I heard him say that. "Q. Did he tell you that?— A. I don't know that he was talking to me. I heard him talking to some other person . "At Okemah?— A. Yes, sir. "Q. You went to see him at Okemah?— A. Yes, sir. "Q. What did he state to these other persons, using the exact language that he used concerning his being employed by the Government?— A. Well, I couldn't state it and be correct about it. He was just talking about enrolling Indian blood rights * * * working for the Government. _ "Q. Did he tell you he was in the employ of any particular department of the Government?— A. NO, sir. 68 INDIAN APPKOPEIATION BILL, 1911. " Q. Any particular bureau of the Government?— A. No, sir. "Q. TheDepartmentofthelnterior, Indian Office?— A. No, sir; I didn't hear him say that. . -^ ' ' Q Led you to believe that he was working for the Government.— A. i es, sir. " Q. You believed that when you made this application?— A. That was my under- standing. „ . >T • " Q. Did you have to pay hun any money?— A. No, sir; not a cent. "Q. Did he demand any money?— A. No, sir. "Q. Did you deal with him direct?— A. Yes, sir. " Q. Deal with any other person?— A. No, sir; took my statement himself. " Q. Did he write it himself on the typewriter?— A. No, sir; had some one. " Q. Man or woman? — A. Man. " Q. Do you know the name of the man?— A. Mr. Guthrie. " Q. Your petition for enrollment filed by Webster Ballinlger appears to have been sworn to before Chas. E. Guthrie on March 12, 1915. This is the application that you refer to?— A. Yes; that's it. "Q. Did you pay Mr. Guthrie?— A. No; only the notary fee. "Q. How much?— A. |3. "Q. What was this $3 for?— A. Notary seal on my application and my children's. ******* " Q. Did you sign any kind of a contract to pay them anything?— A. No, sir. " Q. Did you give them any power of attorney? — A. I don't know how papers were fixed up. I didn't sign any papers to pay. "Q. You understand that the rolls are closed? — A. Closed? " Q. Yes. — A. Years ago. "Q. Do you understand that they have been reopened? — A. Well, yes; open to enroll Indian blood rights. "Q. Who gave you to understand that the rolls have been reopened? Who has given you that understanding? — A. Where I was trying to be enrolled." I quote now from the testimony of Graham W. Wilson, a negro notary public of Tulsa, Okla., the husband of Jennie Wilson, from whose testimony I have just quoted: "Q. Who approached you in the matter of the enrollment of your wife's children and herself? How much did you pay for the work done in her behalf? — ^A. Mr. Rod- key came here to Tulsa first. A crowd of us went then to Muskogee where we under- stood that Mr. Rodkey was located. I took my wife along.^ After we got there we found that Mr. Rodkey was sick, so we couldn't see him. We^went to the office where we understood he was located and found Mr. Lindly. Mr. Lindly told us to state our case to a colored man named Durant — Nelson Durant. Nelson Durant told me that he would have to have $35. That for $35 he would put my wife and children on the rolls. I told him that I had a letter from Mr. Rodkey in which he stated that there would be no charge. I told him we would wait and see Mr. Rodkey, and, if necessary, go to Okemah to see him; later we went to Okemah. We did not pay Mr. Rodkey anything, but paid the notary public a few dollars, I have forgotten the exact amount we paid for the notary's work and typewriting. " I quote now from the statement of Mary Ross, a negro citizen of Haskell, Okla. (made before P. J. Hurley, Choctaw national attorney, Nov. 23, 1915), in the matter of her application for enrollment as a citizen by blood of the Choctaw Nation. "Q. When you came over here to Muskogee whom did you see in Muskogee? — A. I came to that office. "Q. In this building? — ^A. I suppose so. "Q. Were you led to believe they were enrolling people? — A. I asked and they said they were. "Q. That they were enrolling people? — ^A. Yes, sir; I asked for Ballinger and Lee and Lee was gone and Ballinger was m Washing1;on, D . . , and they were hired by the Interior but this man that was doing this writing, he told me he was hired and was getting a salary to enroll people, and this colored man— ^ — "Q. Did this man tell you he was hired by the Secretary of the Interior? — ^A. Yes, sir; his duty was to enroll the applicants. "Q. Did he tell you whether or not he could take any fees for his services? — ^A. He would'nt take a penny; was being paid by the Government. "Q. Who was the colored man? — ^A. Nelson Durant. That is the man I ga,ve the money to. "Q. What money?— A. The $5. "Q. How much did he ask for?— A. $25. "Q. What was the reason? — ^A. He was charging. I asked him how come him to charge, and he said these witnesses. I wouldn't pay him a cent, so I says. I went back and stalled him. INDIAN APPBOPEIATION BILL, 1917. 69 "Q. You did pay Nelson Durant $5?— A. Yes, sir; and I paid $1.75 to a little bitty fellow. "Q. What is he, a notary public?— A. Yes, sir. ******* "Q. What did Nelson Durant say that you should pay this money for? — A. He said do you think I am iip here for my health, and takes a book and hunts your relatives, and he writes who I am and who my people are, and he carries this thing in on a piece of paper. "Q. Whose office?— A. Stout man's. ******* "Q. Will you send me those letters you claim to have received from Ballinger? — A. Yes, sir; I will hunt them all up, lots of them are postal cards. He told me the roll was open. "Q. How long ago has it been? — A. Not very long. "Q. Has it been six months since he wrote you? — A. Said he would let me know and for me to keep up and see when the roll, the Choctaw rolls were open. "Q. When was that? — A. A good while ago. "Q. These men that took your application, what office of the Interior Department did they say they represented, the Secretary of the Interior, the Commissioner of Indian Affairs, or the Superintendent of the Five Civilized Tribes? — A. The Secre- tary of the Interior. They told me Choctaws and Creeks and Chickasaws and there was a Creek and a Chickasaw Indian there, Susan Harrison enrolled her child the same day I was enrolled and another woman from the Cherokee Nation the same day and there was four of us, there was six enrolled there that day. "Q. Did those people claim they were authorized by the Government to enroll those people? — A. This white man told me he was getting a salary from the Govern- ment to enroll the people, he wouldn't take any money from them. I never offered him any. He sat in front of the table. The old man, both of them talked so plain, I was getting the value of the land in money. I told them I didn't care for the land I would take anything. I will set up the cigars and he says Mrs. Rose I wouldn't take a penny from you or anybody I ever saw to do this work because the Government has me hired. I am getting my salary from Washington, D. 0. I said if I was to get any money I wouldn't mind setting them up. "Q. That was in Ballinger's office? — ^A. Yes, sir. "Q. The colored man was Nelson Durant? — A. Yes, sir. "Q. Who was the white man doing the speaking? — A. He didn't say what his name was. He was a big fat man, not as tall but heavier than you are. I think it was Judge Lindly; he told me he was raised in the Choctaw Nation. "Q. Did he say that he was from McAlester? — A. Yes, sir; South McAlester. ******* "A. I did not think it was fraudulent by them coming out so pubUc but if it had been in a private place I wouldn't have wanted to see about it, but I was told by lots of people that these was in this office. A public place, a fine place before a crowd of people. I never thought about it being a fraud. If I am prosecuted for anything I can hold this man and this colored man who carried me into this office and this white man copied off of this piece paper and puts it on two piece of paper. He keeps one, they keep one. This colored man writes in this room out of a book, then he carries it in there. He claims he finds your relatives on the roll and all I swore to is that my mother said that the Polsoms was my people and the Flaxes were her people. I was born after my father died. "Q. You would not have gone before these people if you had not thought them officers of the United States?- A. Sure, I wouldn't have paid the colored man |5. I wouldn't have paid them the $15 but my mind did not feel right. After I had con- soled him and toM him I would send in $15, I talked to several lawyers and they said he was a grand rascal, had been to the pen, and that Lee had run off for some cause." Doss Buffington, a negro citizen of Muskogee, Okla., who made application through Mr. Ballinger for the enrollment of himself as a citizen by blood of the Choctaw Nation, testified before me on August 5, 1915, in part, as follows: . "Q Tell me what connection you had with the persons operating m an office on the second floor of this building. Doss.— A. You mean those commissioners down there ^ "q! Do you call them commissioners?— A. Yes, sir; that is what they said. "Q From what source did you learn that this was a commission? — ^A. I learned it from William Thompson and Will Moore. Old man WilUam Thompson wanted to be one of my witnesses, but I had two other fellows and I did not take him. "Q I have conversed with you about your connection with these persons down here and you have told me, as I understand it, that you were approached on the street by YO INDIAN APPEOPEIATION BILL, 191*7. William Thompson, a colored man, who told you that some persons located m thxs building were enrolling persons who had been left off of the rolls; that they were Government men sent here for that purpose, and that you accompanied Wimam Thompson to that office, which is located in the Metropolitan Building m which the Indian agency is located, and, as I understand you, you found Nelson Durant. You know him? — A. Yes, sir. "Q. He is a colored man? — A. Yes, sir. "Q. Nelson Durant told you that you would have to get some money before he could talk to you? — A. Yes, sir. "Q. How much?— A. |15. "Q. Was this before you stated your case to him?— A. Yes, sir. I had to do that before they would hear me at all. "Q. Before you stated your case? — A. Yes, sir. "Q. You went off then to get the money? — A. Yes, sir. "Q. Did Nelson tell you he was in the Government service?— A. That he was working for them. "Q. That he was working for white men? — A. Yes, sir. "Q. And that they were in the Government service? — A. Yes, sir. "Q. Did he tell you their names? — A. Rodkey and Lindly. "Q. Do you know the given name of Rodkey or Lindly? — A. No, sir. "Q. You say you went off and got the $15?— A. Yes, sir. "Q. And you came back that night?^ — A. Yes, sir. "Q. Who with?— A. Will Thompson. "Q. Did he say he was working for these people too? — A. Yes, sir. "Q. You came back to the office of these persons that night about 8 o'clock and you found Will Thompson, Nelson Durant, and Will Moore there?— A. Yes, sir. "Q. Will Moore a colored man? — A. Yes, sir. "Q. William Thompson?— A. Yes, sir. "Q. What occurred there? — A. After I went in Nelson wanted to know if I had the money and I said yes, I was ready, and he said we would get to work and do business, and he called me in another dark room back there and I gave him the $15. "Q. And you went in alone?- — ^A. Yes, sir. "Q. And the room was dark? — A. Yes, sir; there was no light in that room. "Q. You paid him the $15 in that little room?- — A. Yes, s-r. "Q. What else occurred?- — A. They then took up my case. They questioned me then. "Q. Who questioned you? — A. Mr. Lindly. "Q. Did Nelson Durant take you in Lindly's office?- — A. Yes, sir. "Q. Had you met Mr. Lindly before?^ — A. Yes, sir; I met him that day. "Q. What did Mr. Lindly tell you that day?^A. He didn't talk to riie any that day much; he told me they were sent there by the Government, something like that, to look after people who were left off of the roll. _"Q. Mr. Lindly told you that? — A. Yes, sir; he says you will have to pay your witnesses and notary fees. He told me I would have to do that before anyuiing else took place. "Q. You are positive that he told you he was sent there by the Government? — A. Well, Mr. Lindly he told me that. He says to me, I don't want a penny of your money; I am getting paid for taking up these petitions. " Q. After you went in Lindly's office with Nelson Durant what cocurred?— A . They went to writing my affidavit up. "Q. Who questioned you?- — A. Mr. Lindly. "Q. Did Nelson Durant question you? — A. No, sir. "Q. Well, did Mr. Lindly write your answers down? — A. Yes, sir; he had a notary. "Q. Well, who was writing?— A. Mr. Lindly. ******* "Q. You are of negro blood? — A. Yes, sir. ******** "Q,. Where is Will Moore now? — A. I don't know where he is- he is dodging around. "Q. What is he dodging? — A. He got into some trouble. I don't know what he got into. "Q. Are the officers after him?— A. Yes, sir; something about some mortgage. "Q. Have you talked to others on the outside about the work that is being done down stairs here?^ — A. Yes, sir; I have talked to several folks and they all seem to think it wasn't much good. "Q. I think you told me not long ago that these people thought it was the Govern- ment that was doing this? — A. Well, they did think so. INDIAN APPBOPEIATION BILL, Wll. 71 "Q. You talked to persons on the outside who thought it was the Government? — A. Yes, sir. "Q. A number of persons? — A. Yes, sir." Mary Reeves, a negro resident of Vian, Okla., who is an applicant for enrollment through Mr. Ballinger, as a citizen by blood of the Choctaw Nation, testified before me on August 6, 1915, in part, as follows: "Q. Whom did you go to see about making this application for enrollment?' — A. Mr. Lindly; that is who I make application to. "Q. Where is Mr. Lindly located?^A. On the second floor of this building. * * " * * * * * "Q. Is Mr. Lindly in the Government service?^ — A. Yes, sir; I reckon so. ".Q. Do you know what position he occupies?- — A. All I know is that he made out my application. "Q. What makes you believe he is in the Government service? — A. I 'lowed by that, I didn't think he would make out my papers if he wasn't." John Harrison, a negro resident of Keefeton, Okla., who has applied for enrollment through Mr. Webster Ballinger, as a citizen by blood of the Choctaw Nation, testi- fied before me on August 10, 1915, in part, as follows: "Q. How did you happen to go to Mr. Lindly's office to make application for enroll- ment?- — A. I just heard of him being here for that purpose from other people, so I just went. "Q. What was told you, exactly, about his business?- — A. Well, I don't know, sir; I can't tell you. "Q. Were you told that he was in the Government service?- — A. I don't know whether he was in the Government service or not. "Q. What was your belief about it when you went to him? Did you go to him under the impression that he was a Government man? — A. Yes, sir; I think that is what I understood. "Q. You understood that before you went to him? — A. Yes, sir. "Q. Did he give you to understand that he was in the Government service? — A. I never asked him." Elizabeth Sexton, a negro, of Tulsa, Okla,, who has applied for enrollment as a citizen by blood of the Choctaw Nation, through Mr. Ballinger, testified before me on November 19, 1915, in part, as follows: "Q. Before whom did you file your application for enrollment? — ^A. Before whom did I "Q. Yes. — A. You mean the notary? "Q. Yes, and the person with whom you filed your application. — A. The man that was working for him— I could call his name if I heard it. For Mr. Eodkey "Q. Mr. Rodkey?— A. Mr. Perry Rodkey. "Q. Lives in Okemah?— A. I don't know where he lives. "Q. fiis office is at Okemah?— A. Yes. "Q. Where did you see him?— A. Here in Tulsa, and one of his me: "Q. Did Mr. Rodkey represent to you that he was in the employ of the Govern- ment. — A. I guess so. "Q. Did Mr. Rodkey state to you himself that he was in the employ of the Govern- ment?- — A. Yes, sir. "Q He told you himself?— A. There was another man working for him— "Q. Did Mr. Rodney tell you himself that he was in the Government service?— A. Yes, sir. . "Q. What language did he use in telling you that he was m the Government serv- ice?— A. He said he was— the Government had him seeing after the Indians and their claims — that was his business. "Q. You say that he had some one working for him?— A. Another man. 1 would know his name, but can't call it. "Q. Guthrie?— A. Yes, sir. "Q Charles E. Guthrie?— A. Yes, sir; white man, tall and slender. "Q. You swore to this application before Mr. Guthrie?— A. No, sir; Wilson was there to, the notary. ^ „ * ' * * * * * * "Q Did you have any conversation with Mr. Guthrie concerning whether he was in the Government service?— A. I heard that there was a man here. I went on the train to see Mr. Rodkey. . , ,, ^ ., ■ o a at i-u „i,„+ r "Q Did you have any conversation with Mr. Guthrie?- A. No more than what 1 asked him I asked him if he was in the Government service. . ^ , ^ "O He did not say that he represented the Government, or Interior Department, or any bureau of the Government, did he?-A No sir, he said he was working for Mr Rodkey; that he was one of the men that Mr. Rodkey put out to help him. 72 INDIAN APPBOPEIATION BILL, 1911. "Q. Did he say that Mr. Rodkey was in the Government service? — A. Ye8,_sir. "Q. Did Mr. Rodkey himself told you that he was in the Government service?— A. Yes, sir. "Q. Did he say what department or bureau he was working under? — A. No, sir. "Q. He said that he was in the Indian service?^A. Yes, sir; I went to Muskogee to see him. So many people there I couldn't see him long. Don't talk to him but a little bit. Wanted me to meet him in Okemah, I couldn't never go down there. ■ "Q. You understand that the rolls were closed in 1907? — A. Yes, sir, "Q. Has it been represented to you that the rolls have been reopened? — ^A. Heard they were reopened and I commenced trying. "Q. Who told you? — A. I couldn't specify the person. Heard it from different ones — different ones talking about it. "Q. Did a good many colored people here in Tulsa go before those persons at Musko- gee and Okemah? — A. I don't know sir. Just know one woman that went to Okemah. There ain't two dozen here that I kndw. "Q. Your understanding was that these persons that were taking these applica- tions were in the Government service? — ^A. Yes, sir." Charley Willard, a negro of Tulsa, Okla., made an affidavit in the enrollment case of the claimant whose testimony has just been quoted from, and I secured his state- ment, from which I quote below. (I understand that this man acted, to some extent, as an agent for those persons in Tulsa, working with G. W. Wilson, a negro notary public) : "Q. You applied for enrollment before these people who were getting up these applications? — A. Yes, sir. Q. \^'hom did you apply for enrollment before? — A. I went to Muskogee to see these people. "Q. When you went down to Muskogee to see these people I suppose you had an interview with them. Where were these people located, these people you went to see about your application? — A. Up in a big building, where the Dawes Commission is. On the second flfoor. "Q. You found many others there? — A. Office crowded. "Q. Mostly colored? — A. Yes; colored and Indian mixed, white and half-breeds. "Q. Who did you talk to down there? — A. I applied — I talked to Mr. Perry Rodkey and Mr. Lindly. Asked was it sure enough true. Was the roll open for these people. I went down one day to see about it, then I went about two weeks later. Asked his jirice. Nelson wanted $5 himself. "Q. Nelson Durant the man you refer to? — A. Yes, sir. He got up all the state- ments. Mr. Lindly did the typewriting. I told these people I didn't want to pay — I told these people I heard the rolls were open, but I didn't want to pay "Q. How much did Nelson want?— A. $10, and he said that was for notary fees "Q. You understand Nelson Durant is a lawyer? — A. Yes, sir. "Q. What did you understand about Mr. Rodkey and Mr. Lindly's positions?— A. Why, Mr. Rodkey said he was working for the United States. Mr. Lindly he was not charging anything. "Q. Did Mr. Lindly say that? — A. Said Government paying him in these citizen cases. "Q. Was that the general understanding? — A. Yes, sir. "Q. With those with whom you talked? — A. Yes, sir. "Q. You did not pay them anything yourself? — A. No, sir. "Q. Did you pay Nelson Durant anything?— A. $2 and paid the notary $1.75. "Q. They wanted |10?— A. I didn't have it and I wouldn't pay it. "Q. How much did you pay Nelson?— A. $2 and notary $1.75; $3.75. They asked me for the rest of the money. "Q. You applied for the em-oUment of yourself as a Creek by blood?— A. Yes, sir; and my children. Some of them are on, one dead child not on. f "Q. You are trying to get on the blood roll?— A. Yes, sir. I got the deeds down there for two of them." Jane Driver, a negro woman, of Tulsa, Okla., who has made application through Mr. Webster Ballinger for enrollment as a citizen by blood of the Choctaw Nation, testified before me on November 17, 1915, in part, as follows: " Q. You told me that you paid Alec Nail $2.50 for making an affidavit?— A. Yes, sir. "Q. And another colored man $2.25 for making an affidavit?- A. Yes, sir. I "Q. Was his name Webster Burton? — A. I couldn't tell you. "Q. Then you paid the notary $2? — ^A. Yes, sir. r "Q. And you paid the man who took you down to Muskogee, Chas. Willard, $2 and his fare to Muskogee and return? — A. Yes, sir." INDIAN APPKOPRIATION BILL, 1917. 73 W. H. Short, a white citizen of Morris, Okla., appeared in my office on August 3, 1915, and upon being advised by him that his wife, Lillie Short, nee Cornelius, had applied through Mr. Ballinger for enrollment as a citizen by blood of the Greek Na- tion, I obtained a sworn statement from him, from which I quote below: "Q. Now, who approached you in this business — who first came to you and told you about this em-olling business?— A; The Bakers. "Q. Where do they live? — A. Morris. "Q. Are they Indians? — A. Yes, sir; claim to l>e. "Q. What did they say to you, exactly?— A. They told me— I don't recall just the words— tliey told me a man named Durant was seeing about this business and tliat they were going to see him about it, so I came with them. "Q. Did you see Durant? — A. Yes, sir. "Q. Where did you find him?— A. I found him on the second floor of this buildinK. "Q. In the back office?— A. Yes, sir. "Q. Did you get acquainted with anyone else connected with that office?— A. There was another gentleman in there. "Q. Do you know his name?— A. I knew it then, but c,an't call it now. "Q. Was his name Lindly? — ^A. Yes, sir; Lindly was the name. "Q. Did you get acquainted with any other person connected with that office?— A. No, sir; I didn't. "Q. Do you know whether Mr. Webster Ballinger is connected with that office?— A. Yes, sir, I think he was. "Q. In what capacity? — A. I do not know; it seems to me like all the papers were made to Webster Ballinger. "Q. Whom did you talk to first? — A. Durant. "Q.' What didDurant represent to you that he was doing? — A. ^\'hy he claimed that he was working for the Indians and tryiM; to prove their rights. "Q. Did he represent himself to be in the Government service? — A. Well, I won't say for sure, but I believe he did. "Q. Do you know what language he used to give you that impression? — A. No, sir; I don't. "Q. You can't say what he stated to you exactly? — A. No, sir; I can't. "Q. Did these Bakers that told you about these people state to you whether they were in the Government servijce or employ? — A. I believe they did; I think that Baker told me the Government had them employed. "Q. What kind of a contract did you make with Durant — any? — A. No, there was no contract to it. When I first came down here I paid him $5 to go over the rolls and he said that was all he could do then, but to come back and when I came back next time — a week from that date — I brought my wife and he took me to one side and said: ' I am ready for business if you have the money, but we can't do anything if you can not pay for it, as we have to go out to the Dawes Commission upstairs and get some stun and it will cost you $25.' I told him times were mighty hard and it looks like I am paying out money for something I don't know anything about. I paid him |20, and he fooled ai'ound and got the papers fixed up and got a notary to sign them. " Q. How much did you pay the notary public? — A. It seems to me that I paid the notary public $2.50, making $27.50 I was out. "Q. Is that all you have paid out? — A. Yes, sir. "Q. Did either you or your wife sign any powers of attorney or any kind of a con- tract in Mr. Ballinger's office? — A. No, sir; not that I know of. "Q. Or any other place? — A. No, sir." On the same day the above statement was taken I obtained the statement of Mr. J. W. Sutton, a white citizen of Morris, Okla., who appeal'ed at my office with ^\^ H. Short, from whose testimony I have just quoted. I quote from Mr. Sutton's testimony as follows: "Q. How did you happen to accompany Mr. Short here? — A. Well, he heard of this commission, and others had heard of it and told us. Our neighbor, Mr. Baker, told us, and I came to try and assist him. "Q. You say you heard something about this in the neighborhood? — A. He did from Mr. Baker— that is the first I heard of it; but we didn't believe it. "Q. You didn't believe what?— A. We didn't believe it was a legal transaction, for the rolls had been closed. "Q. And as it came to you, what impression did it make on your mind; was it that Government officials were enrolling persons?- A. No, sir; it never did come to mind that way. I told him it was a fraud, until I came down here and talked with them in this building, and I was then satisfied, for I thought it was the Dawes Com- mission. 74 IKDIAN APPROPRIATION BILL, 1917. "Q. It beiug right in the building with the Indian office, you thought if it wasn't right it would be stopped? — A. Yes, sir, "Q. If there was any fraud, it would be stopped? — A. Yes, sir; I thought it was all right, as I thought it was in the Dawes Commission house, and I supposed then that there was something to it. "Q. From what you had previously heard in your neighborhood, did you get the impression from persons in the neighborhood that the Government was enrolling persons? — A. Yes, sir; that is the way they talked — that is the way I understood it. That it was a legal affair by the Government, who was enrolling these persons that was left off, and as this girl is a niece of my wife, and is an Indian, and we could prove it "Q. Was there anything that occurred in the office of these persons that made you suspicious of their connection with the Government service? — A. Yes, sir. "Q. What was it, exactly? — A. Well, they had some colored fellows there that were very ignorant, and they offered to be witnesses for people, and came to me and told me, or offered to help me, and I told them we already had all the help we wanted. "Q. Did they want pay for their services? — A. I suppose they did; I told them we had all the evidence we wanted. " Q. Do you know any persons who have paid any money to these men on the second floor of this building? — A. Yes, sir; Mr. Short. "Q. Do you know any other person? — A. Yes, sir. "Q. Who? — A. One of my boys paid some money. "Q. What is his name? — A. Jimmy — J. D. Sutton. "Q. Where does he live? — A. Morris. "Q. How much did your son pay? — A. f5. "Q. Who did he pay that to? — A. I suppose he gave it to his wife. His *ife is one of the Baker family. My son paid his wife's part. My son married a Baker. "Q. What amount did the other members of the Baker family pay?- — A. They paid $5 a head, and these men sent out for 15 more the other day. "Q. Do you know whether that was paid? — A. Yes, sir; they sent it to them. They .rints of the latter, together with description of Willie Thoiftpson, who, I pre- sume, ig the same as the William Thompson described in your letter. Trusting this is the information sought, and regretting the delay in obtaining same, as the photographs had to be taken, and William James is a trusty out on the farm, thereby difficult to see him, I am, Respectfully, (Signed) R. L. Allen, Field Clerk. (Exhibit D.) Nelson Durant, No. 803. Oklahoma State Penitentiary, McAlester, Okla. Age, 44; black. Received March 9, 1909. Sentence, 3 years. Crime, false pretense. From Muskogee County. Height, 5 feet 4i inches. Went out on expiration pardon, August 27, 1911. (ExHbit E.) (Exhibit F.) lien (.Iraysoii, No. 1739. William James, Xo. ilns,. Oklaiioma State Penitentiarv, Mc-Alester, Olcla Age 64- blaclc T^J'^; 1* years. J-iotn Muskogee County. Received Oklalioma State Penitentiary Aueust 4, 1910. Crime, false personation. Height, 5 feet 72 incites. (Exhibit G.) J >1 mm V ^^^^^ \ William Thompson, Xo. 6069. Oklahoma Slate Penitentiarv, McAlester, Okla. Sentenced July 23, 191.5. Term, 3^ years County, Tulsa. Crime, forgery. Age, 50. Hair, lilack. Eyes, deep maroon. Complexion, dark'tarown. Weight, 151." Build, medium. Nativity, Oklahoma. Occupation, farmer. Remarks; Depressed-cut scar one-fourth inch to right outer corner right eye. Oblong-cut scar three-fourths inch above right eyebrow at center forehead. (Exhibit H.) Wilev MrllUo-ll. lill.'i Tenii, (Exhibit 1/ X(i, crjL!. DklalHima SUilc I'm ■ai>, Fiiiiu MuskofiLMi' (.'uiinly. (. i I \ , Mr Mr Irl. ()l,l:i -, (.bUuiiiiiK liluiii'\ llJi^lri (Exhibit K.) Alec Nail. INDIAN APPBOPKIATION BILt, 191'7, 85 Dbpabtmbnt of the Interior, Office op the Superintendent for the Five Civhjzed Thibbs, ' MiLshogei., Ohla., July 31, 1915. In the matter of the enroUment of various persons as citizens of the Chqctaw IJ^ation. Alec Nail, being first duly sworn by William L. Bowie, deputy clerk of the United States Court for the Eastern District of Oklahoma, on oath testifies as foUqws: Examination by "William L. Bo^ie on behalf of the Superintendent of the Five Civilized Tribes: Q. What is your name? — A. Alec Nail. Q. Your age? — ^A. I am going on 73. Q. Where do you live? — -A. Here. Q, Where were you born?— A. I was born 4 miles south of DoaksviUe, Tex. Q. Are you on the rolls of any of the Indian tribes?— A. Yes, sir. Q. Which tribe?— A. Choctaw. Q. Freedman? — ^A. I am. Q. What is your roll number? — A. I don't know, sir; I can't read. Q. Well, how long did you live south of DoaksviUe?— A. Well, the old people claimed when we moved to Blue I was 11 years old. Q. Where do you mean when you say you moved to Blue? — ^A. A creek. Q. You were 11 years old when you moved to Blue? — ^A. Yes, sir. Q. What is the name of the post office? — ^A. There was none where I lived. Q. What is the nearest post office now? — ^A. Caddo. Q. How far from Caddo did you live? — A. Old Caddo has become a railroad sta- tion — 6 miles. Q. How long did you live on Blue?^A. Until I became grown. I was 22 when they surrendered. Q. Was you living on Blue then? — ^A. Yes, sir. Q. How long did you stay on Blue after liiat? — ^A. I think I stayed with the old boss about one year, and I left and came to Boggy Depot, about 15 miles on this side. Q. How long did you live at Boggy Depot?— A. Up until last November. Q. Then you came to Muskogee? — ^A- ^ ea, sir; I came to Muskogee last November. Q. And lived in Muskogee up until this date? — ^A. Yes, sir. Q. What is your occupation? — A. I ain't able to do nothing now. Q. What have you been doing since you have been in Muskogee? — A. I ain't done anything. 1 liked to died last summer and if it had not been for Mrs. Hester, Senator Owen's mother-in-law Q. Well, have you made any money at all since you reached Muskogee? — A. None to amount to anything. Q. Have you made any? — A. Some time when I witness for people down here they give me a $1, and sometimes $1.50. Q. What people do you refer to that paid you this money? — A. Those that claim, those that make application for enrollment for citizenship. Q. Where is that office located? — A. In the Metropolitan Building. Q. Do you know the number of the room? — A. No, sir; I would know it if I was look- ing at it. Rodkey, Lindly & Ballinger was printed on the door of the office. Q. The Metropolitan Building is the building that the Indian Agency is in? — ^A. Yes, sir. . Q. Who first talked to you, Alec, about acting as a witness down in that office? — A. Well, I couldn't positively say now; I think the fellow that hunted me was Jackson Barrett. He claimed to be a nephew of old man William Johnson, Gov. Johnson, he was governor for a while. Q. Well , what did Jackson say to you?— A. He asked me if I knew William Johnson and his children, and I .said I did, and he said he was a son. I told him I knew Silas and Tommy; Tommy ran for governor Q. He asked you to act as a witness for liim? — A. Yes, sir. Q. ' Where did he see you? — A. Down in town, on the street somewhere. Q. He brought you up to Ballinger's office?— A. Yes, sir. Q. And you acted as a witness for him? — A. Yes, sir. Q. You signed an affidavit?— A. Yes, sir, I witnessed for Jackson's fanjily. Q. Did yon sign an affidavit down there for Jackson Banett?— A. I guess so. Q. Who did you make that affidavit before?^-A. Golden. Q. Where is Mi . Golden's office?— A. Down on the first floor of this building. Q. The Metropolitan Euilding?—A, Yes, sir. ' Q. What did you get for rnaking this affidavit for Jackson Barrett? — A- Got ^ dollar, q! Who paid you the dollar?— A. Jackson. . ^ . , Q. Were you promised wy addition^ siim of money if this cteim of Jackson s went through?— A. No, sir; he saaa he would never forget me. 86 INDIAN APPEOPBIATION BILL/ 1917. Qi He said if he got on he would remember you, did he?— A. Yes, sir. Q. You have acted as a witness for a number of people since that time, nave you not? — A. Yes, sir. . , Q. Do you remember the names of some of those persons for whom you signed affidavits?— A. No, sir; I don't believe I do, but if you have some of the cases I done witnesses, I would know . , ~ , .^ , „ . ht - Q. Do you know any of these persons that you signed affidavits for?— A. JNo, sir. Q. Were you personally acquainted with them?— A". No, sir; I don't believe I w;as. Q. You merely accepted their statement as true, what they told you concerning their parentage?— A. I didn't consider their statement, they would say they were kin to William Johnson- — — Q. Did you believe what they told you, or not?— A. I have just thought about that. Q. You had no other reason except their own statement to believe they were children of Choctaws?— A. No, sir. Q. Do you know Mr. Ballinger?— A. I never seen him. Q. Who occupies the office down there?— A. Nelson Durant and Judge Lindly, he typewrote whatever is down- — — Q. Any other person? — A. Mr. Golden, he swears the people in. Q. What did Mr. Lindly do exactly?— A. He typewrote, and would go in the room where the colored lawyer was. Q. Would Durant write it down with a pencil? — A. I guess so. Q.- And would hand it over to Lindly and Lindly would write it out himself on the typewriter?' — A. Yes, sir. Q. Were these affidavits read over to these persons before they signed them? — A. Well the majority of the time they were, at least mine were. Q. Your affidavits were read over to you?— A. I suppose they were, I can't read. Q. They pretended to?^A. They had me thinking so. Q. You say you never saw Mr. Ballinger? — A. No, sir. Q. He has never been down here since you have been with them?— A. No, sir. Q. Do you kno-Wwho rents or pays for this office? — A. I reckon Mr. Lindly. Q. What connection did Mr. Ballinger have with the office?— A. I don't know. The way I understand is that they claim that is Ballinger's work and that Rodkey and Lindly was working for him. I don't know whether that is true or not. Q. Do you know whether Mr. Ballinger is connected with the Government serv- ice? — A. No, sir. Q, You do not know? — A. No, sir. Q. What is your understanding in regard to that matter? — A. Well, the way I under- stand it is that he is in Washington to present this evidence before Congress by power of attorney. Q. You understand that he has power of attorney? — A. That is what they said. Q. Do you know whether Mr. Lindly or Mr. Rodkey are in the Government serv- ice? — A. No, sir; I don't know; I am unable to say. Q. Were you told by any person that they were in the Government service? — ^A. No, sir. Q. Did you ever tell any person they were in the Government service? — A. I couldn't because I don't know; I didn't believe they were though. My reason for that is that it was not Government business. I had my children read the papers, and I couldn't see it from the papers. Q. I)id you hear any person say they were in the Government service? — ^A. No, sir, I don't think I have. Q. Did not all of these applicants or claimants think they were in the Goverijment Service? — ^A. I am not positive about that, but it is likely to believe that they were in the Government service for he wduld not take any pay for what he did, Mr. Lindly. Q. You think he was in the Government service? — ^A. Yes, sir; I hear him say you could not pay him $1,000, and if the Government did not have him someone did. Q. You say, though, that you heard others say he was in the Government service? — A. Well, probably I have; I couldn't be certain about that. Q. Did any of these applicants say anything to you that led you to believe they thought these men were connected with the Government service ?^ — A. Well, I mi§;ht liave. "The way they said — it was supposed he was a Government man hj him telling the applicants he would not take pay. I thought so, for I don't see how in theworld he could live and not take pay unless the Government was supporting him. . _Q. These persons connected with the office in question did not pay you anything, did they? — ^A. No, sir; never gave me a nickel. What all I got I got from the peoj^le I witnesses for. Q. Have you done any other work since you have been in Muskogee, since Novem- ber? — A. No. sir. INDIAN AFPEOPKIATION BILL, 1917. 87 Q. When did you first come mp to this office and act as a witness? — A. I don't know whether the latter part of the winter or the first of the spring. Q. Did you sign these affidavits by thumb mark? — A. Yes, sir; I had to because I can't read or write. Q. You are requested to make your thumb print here on a piece of paper for the purpose of identifying your thumb mark. (Witness makes thumb impression on blank sheet of paper, which is attached hereto.) Q. Are you acquainted with Mary Ross? — A. No, sir. Q. You do not know a Mary Ross? — A. No, sir. I read you an affidavit purporting to have been made by you before Julius Golden, notary public, on March 9, 1915, filed by Mr. Webster Ballinger, with the petition for the enrollment of Mary Ross and her child as citizens by blood of the Choctaw Nation: "Alec Nail, being first duly sworn, on oath states that he is 72 years of age and that he lives near Boggy Depot, Okla. "That he knows.the applicant, Mary Ross; her maiden name was Mary Fulson; she was the daughter of William Fulson, who was mostly considered a fuU-blood Choctaw, but may have had some white blood; that her mother was Fannie Fulson, and she was a mixed blood, about three-fourth Choctaw. "Affiant further states that he knows where the applicant was born, and that it was in Old Atoka, near the toll bridge on Old Lady Flax's place; that she lived there vmtil she was a good-sized girl, and then her mother took her to Oklahoma City. "I Ipst track of her then for a good many years and was talking and inquiring about her last fall to Julius Fulsom, at Atoka; he stated that her mother had died, and that she was just l;eft to go it alone and that she was somewhere and he had also lost her. "I have been staying in Muskogee for some time, and have met her and now know that she lives at HaskeU, and she tells me that she has lived there for the last past two years. "The other places she has lived she has told me about, and I know the places, but can't say how long she lived at any of them only what she tells me. "I know nothing of her child only what she tells me. "Affiant further states that he was personally acquainted with the Fulsom family, to which the father of the applicant belonged, and that the said father of the appli- cant had about seven or eight brothers and that they were all enrolled Choctaws that lived to be enrolled; that the names of the ones that I know best and remember were Emmerson Fulson, Dr. Fulson, Julius Folson; that were finally enrolled; WilUam died a long time ago. (Signed, by thumb mark.) "Alec Nail." Q. Did you make this affidavit?— A. No; not all of that. I know the woman that they are talking about that claimed William Fulson was her father; that is about all I know. Q. You made this affidavit that ?— A. She claimed that Wilham Fulson was her father. I know him, and that is all I know, and what I told them; I don't know her. Q. Youdidnotknowthiswomanwhorepresentedherself tobeMary Ross?— A. No sir. Q. Had you ever seen her? — A. Not to my knowledge. Q. You knew nothing about her parentage?— A. No, sir; only what she claimed I knew William Fulson. .„,.„. t. , „ » ,r Q You say that she claimed to be the daughter of William Fulson?- A. Yes, sir.. Q. What William Fulson; where did he live?— A. I don't know where he lived up to his death. I don't know only where Julius is living. Q. Did William have any brothers?— A. Yes, sir. Q. Name them?— A. Rufus. ,. , ■■ t)i Q. Where did he live when you knew him?— A. They lived down on Blue. O. What direction from Durant?— A. East. . ^ , ,, , .^ i, Q. How far from Caddo?— A. Well, I don't know, sir; I don't know exactly how fax Q. Was William Fulson married?— A. I don't know that. ,j t ™ Q. How old a man was he?— A. If he had lived he would have been as old as I am I TGckoH When did you know him?r-A. In my boyhood days. Q How long has he been dead?-A. I don't know now; I don't know when ho died, or where he died, or whether he is dead at all. ,, , „ , Do vou know whether he had any children?-A. I don't know. Q. You do not know when he died?— A. No, sir; no, sir. 88 INDIAN APPROPBIATION BILL, ISl?. Q. You say that you do not know whether he was married or not?— A. No^ sir; I am certain of one thing, and that is, if he was married at all it was not to Mary Kom s mother, for Mary Ross is colored. Q. What is this woman's color?— A. Just a shade darker than I am. Q. Just a shade darker than you are?— A. Yes, sir. Q. You are what they call ?— A. Dark bay. . . t j . i - Q. ^^Tiat did you get for making this affidavit for Mary Ross?— A. I don t know whether |1 or $1.50. , , , . ■, Q. Was the affidavit read over to you?— A. Every one that my thumb fs on wa,s read over. They said they read them over, but from what you said there they did not 7*fifl u™ I read vou an affidavit purporting to have been made by you before Julius Golden, a notlry public, on May 6, 1916, fifed by Mr. Webster Ballinger with the petition for the enrollment of Annie Abernathy as a eitMen of the €hoetaw Nation: "Alec Nail being first duly sworn, on oath states that he is 70 years of age and that he Uves 1206 South Third Street, Muskogee, Okla. 90 INDIAN APPEOPBIATION BILL, 191'7. "That lie is well and personally acquainted with the applicant and that he has known her since she was a small girl. "That he was also well and personally acquainted with both her father and mother, Her mother was OaroUne Tyson, nee Prazier, who was a three-quarter Choctaw Indian by blood; that her father was Sam Tyson, who was a full-blood Chickasaw Indian who lived in the Choctaw Nation near Old Fort Toweon. "I don't know when he died; when I moved away from that part of the country he was stUl living; after that the applicant came to near Caddo and in that part oi the nation, and neither her father and mother came with her; I was informed that they were both dead and had died at or on the old home near Fort Towson. It waa called the old Sam Tyson place. "That the said mother had quite a number of brothers and sisters, some of whom I am informed, were enrolled and some died before final enrollment. I knew Dudley, Tom, George, and Wilson Frazier; all of these were full-blood Choctaws; she also had some sisters, Susan was the oldest one; Joe Factory's wife, Jim Alberson's wife, were also sisters and full bloods. "That her said father had brothers that I also knew; they were Joe and Ed Tyson; they both got allotments and they are called full-blood Chickasaws; he also had a sister Mary that was allotted. "That he has known the applicant at the different places that she has lived near Bokchito, Caddo, and in that part of the country until she came to Muskogee, some three or four years ago. "(Signed, by thumb mark) Alec Nail." Q. Did you make this affidavit?- — A. Not all that that is stated there. Q. Did you sign a statement relating all these facts?— A. No, sir. They took the roll book out and pointed to a number and asked if you knew so and so, but they could get that without me. Q. Did you swear that you knew all these facts of your own personal knowledge? — A, No, sir. "What did the call that woman- — Annie Abernathy? • Q. Her name as it appears here is Annie Abernathy, n6e Frazier. — A. She is just a yellow woman; she is not a Choctaw at all. She is just a nigger around Muskogee; that is all there is to it. Q. You said just now that you were not acquainted with this woman until she was introduced to you? — A. Yes, sir; they took out the roll book and asked me if I knew a Frazier, and I said jes. Q. You knew nothing about this woman's parentage or any of her relatives? — A. No, sir; she had negro blood in bar, I didn't think she was related to them Praziers, as they were Indians and this woman was negro. Q. You say that Mr. Lindly wrote this affidavit? — A. He typewrote them and would give them to the colored lawyer. Q. Was this colored lawyer in there all the time you made thtfl affidavit?— A. Yes, sir. Q. Were you required to raise your right hand and swear to this affidavit to which you attached your thumb mark?- — A. Yes, sir. Q. You don't remember what this woman gave you for making this affidavit for you?— A. No, sir; I don't exactly. Q. Are you acquainted with Mary Reeves, n6e Hampton?— A. There has been some Hamptons down to that office, some that claim to be Hamptons. I don't remember now whether there was any named Mary or what. Q. Did you sign an affidavit as a witness for a woman named Hampton?— A. I think so. Q. You had not seen or knew this woman previously to the time she came here? — A. Never seen her until that day. Q. Was she a colored woman?— A. Yes, sir; she was a yellow woman. Q. Do you remember who she claimed were her pa,rents?— A. I think she claim that she was kin to the Hamptons down there, to the Choctaw Hamptons down there and she claimed to be related to them. Q. Do you know what particular Hampton she claimed to be her father?— A. No, sir; I have forgotten now which one; several of those old men down there. You have it there. Q. What do you mean by saying I have it here?— A. Who she claimed was her daddy; I can't remember what she claimed. Q. You mean that you would take what they said about their parents and swear to what they told you?— A. No, sir; I would only swear what I knew about the Indians. I read you an affidavit purporting to have been made by you before Julius Golden, a notary public, on May 14, 1915, filed by Mr. Webster Ballinger, Mi ith petition o^ INDIAN APPEOPEIATTON BILL, 191'7. 91 Maxy Reeves, n6e Hampton, for the enrollment of herself and others as citizens of the Choctaw Nation. "Alec Nail, being first duly sworn, on oath states that he is 72 years of age, and that he lives at 1006 South Third Street, Muskogee, Okla. "That he is well and personally acquainted with the grandfather of this applicant; his name was Isaac Hampton; that he had three brothers, Joe, Jim, and Nickfos, and all of them were the first emigrants from Mississippi to the Indian Territory, or among the first. "That all four of them raised families and I was well acquainted with the older one; I never knew but one child that Isaac Hampton raised, although there might have been others that I don't now recall; the one that I do remember was Delia Hampton. "Afliant further states that the said Delia Hampton had a little girl child; that they lived with her said father, Isaac Hampton. "That one of his plantations, and the one that he lived on when I left that part of the country, was at the mouth of Kiamiche River. "That all of the abo\'e-named Hamptons were full-blood Choctaw Indians. "That all of the older ones of the Hamptons died before final enrollment, but left children that are on the roll. I know Jilius and Ben Hampton that are enrolled and allotted; they are the children of the above-named Nicklos by his second wife, which was a white woman. "His first wife was a full-olood and they raised a family; one of them I remember is Collin Hampton; he is about my age and lives near McAlester. The above-named Ben Hampton lives at Ohickasha, and Julius lives at Caddo. "There are many more that I know or have known that are allotted and all of them are the descendants of the same common ancestor of this applicant or his brothers. "Affiant further states that he is not personally acquainted with the family of this applicant and only knows about them and that she has quite a family and that they are now all living at or near Vian, Okla. "(Signed, by thumb mark) Alec Nail." Q. Did you make this affidavit? — A. Yes, sir; I made it. I made part of it, but I didn't make all of it, because I couldn't of — I couldn't of. Q. What part of this affidavit did you make that was of your personal knowledge?^ A. I knew old man Wade, old man Nicies and Ben Hampton; they had the boll book and would ask me if I knew them and I said, yes, sir; I know them. Q. "They would take the roll and you told them that you were acquainted with them? — A. Yes, sir. Q. Did you sign an affidavit for more than one family in the office of Webster Bal- linger? — A. I don't remember, I think that was the only one. Sometimes they would come up and have 8 or 10 yearlings with them. Q. You say that you didn't know about the parents of this woman here? — A. No, sir; I don't know that. That petition was to go down in the Nation and was to be iden- tified by the Choctaw people. She had the papers and went down to be identified. Q. Have you ever been down to Fort Towson or that neighborhood since you left? — A. No, sir; I was 11 years old when I left. Q. Have not been over there since that time? — A. No, sir. Q. You have been away from there about 62 years?— A. Yes, sir. Q. Are you acquainted with Alice Cole?— A. No, sir; I don't recollect that I know her., Q. Did you sign an affidavit in Mr. Ballinger's office for a woman named Alice Cole?— A. Alice Cole; I don't remember her; probably I have, but I don't know whether it was that name or not. I read you an affidavit purporting to have been made by you before Julius Orolden, a notary public, on April 14, 1915, filed by Mr. Webster Ballinger with a petition for the enrolfinent of Alice Cole as a citizen by blood of the Choctaw Nation: "Alec Nail, being first duly sworn on oath states that he is 72 years of age, and that he lives at Muskogee, Okla. . , j^, ^ , , , , "That he has only known the applicant a short time; but that he has always known the parties that she claims are her descendants; that the Bill Davis that she says is her father was always considered a full-blood Choctaw Indian and had some cattle, and he just looked after them and grazed them from one range to another from Coalgate to Red River and east of Shawneetown. He had two brothers, Jini and Joe Davis. They were all Snake Indians and Jim Davis was the secretary, and I paid my fees to him. I don't know if they or either of them are aUve now or not "That her said mother. Lulu Davis, n6e Wilson, was the wife of the said Bill Davis and she was the sister of old John Wilson and he is hving, about 6 months ago. There 92 INDIAN APPEOPEIATION PJLJ^y IW^j is another, named George, who came from Mississippi; that is, I have heard my parent say that they came from Mississippi with him. "All of the Wilsons of this family are full-blood Choctaw Indians. (Signed by thumb mark) "Alec Nau." Q. Did you make this affidavit?— A. I think so; part of it. Q. What part did you make?— A. That Choctaw part about the Davis family. ] remember the woman you gave in as a Choctaw about Alice Cole. Q. You remember who Alice Cole was?— A. Yes, sir; after you read her name. Q. Had you ever seen that woman before? — ^A. No, air; a perfect stranger. Q. You knew nothing about her ancestors? — A. Yes, sir; I know those Davises. Q. You don't know that the Davis family was related to her, do you?— A. No, sir she acknowledged that she came out of Texas and then stayed in the Nation. Thej kept her there a day and a half. Q. They kept her there a day and a half ?— A. Yes, sir. She was just a Texas negro I told them I didn't think she had a drop of Choctaw blood in her. They would asl me if I knew those Indians and I would say yes, sir; I know them. They would saj do you know George Davis or Jim Davis, and I would say yes, air; I know them. I they had not had the roll book, they would not of had as many people. Q. Do you remember what this woman paid you for making this affidavit. — A. Shi promised to give me $2.50, but I only got a dollar. Q. What did Durant get from this applicant?— A. That is the aecret part of it. Q. Did you ever see the applicants give him any money? — ^A. No, sir; you couldn' see them. Q. Why? — A. Because they went in that cut-off so you couldn't see them — ^littl room there. Q. Who went in there with him? — A. Durant and the claimants. Q. Were they alone? — ^A. Yes, sir. Q. He seemed to do all of the talking? — A. Yes, sir. Q. Who paid Mr. Goldmen, the notary public? — A. Those people who made thi affidavits. That would be $2, as they said the law required them to have two wit nesses and would charge $2. Q. What was that for? — A. Notary fees they called it. Q. Do you know a person named Jane Driver? — A. I don't remember. Q. Did you sign an affidavit identifying such a person in Ballinger's office? — ^A. No sir; I never identified a soul in that office; they nave not a man in that office that '. knew. I read you an affidavit purporting to have been made by you before Julius Golden a notary public, on May 11, 1915, filed by Mr. Webstar Ballinger with a petition fo the enrollment of Jane Driver as a citizen by blood of the Choctaw Nation: "Alec Nail, being first duly sworn, on oath states that he is 72 years of age and tha he lives at 1006 South Third Street, Muskogee, Okla. "That he is well and personally acquainted with the applicant and that he knei her long time before she was married ; "That he knew her grandmother, Becky Turnbull, and she was a full-blood Choc taw Indian; she was the sister of Old Bob and Bill Turnbull, who were among th first Choctaws from Mississippi to the Indian Territory; ' ' That her mother was Harriett Turnbull, who married a man by the name of Williau Brown and was only half-blood Choctaw Indian; "That when I first knew the applicant she was living in Towson County and tha they moved from there to Kiamisch County and lived there a long time and thei moved to Caddo and from there to the Creek Nation, about five years ago. "I just know that she has two children; one named Jesse that was drowned sine she came to the Creek Nation; the other is still ^ving and must be about 20 years c age. "I know the applicant to be the same person that I knew when she was quite smal for the reason that she never could talk to amount to anything; when she was smsil she could not talk hardly at all and now does not talk intelligently; thut is, asfaf a speech is concerned. She was always mentally all right but did not have the fa,cult of speech. "i had a talk a long time ago with Henry Bynum and Willis Tobler, both full blood Choctaws that were looMng after the enrollment of the Choctaws, and the both told me that she had been looked after and that she was all right. ■ "They were then agents for the "Snake" faction, and said he had enrolled he there, and that was sufficient. He enrolled me the same way, biit I afterward enroll© with the Dawes Commission. ' "1 was the town king and was appointed by Chitto Harjo at one of his councils i. ihe Old Hickory Camp Ground, in the (3reek Nation. (Signed by thumb mark) "Alec Nail." INDIAN APPROPHIAIION BILL, 1&17. 93 Q. Did you make this affidavit?— A. I know that when— I iust don't know I know that when — I don't imderstand it. Q. Did you give Mr. Lindly the facts contained in this affidavit?— A Well I either gave him the facts or gave them to Durant. ' ■r 9iJ^}^ y°" "^^^^ *^^^ statement to Lindly?— A. Not all of what he said in there I didn t. ' Q. Did you make this statement to Nelson Durant?— A. Part of that. Q. What part did you make to Durant?— A. Well, I don't know, i have known this family a good while, but to know whether this applicant had Indian in her or not I don't know that. I asked her why she was not on the roll, and she said that Henry Bynum and Willis Tobler Q. "That is all you know about it?— A. Yes, sir; I never seen her until I seen her down in that office. Q. You say you never knew her before she came to that office?— A. Yes, sir; this woman was an insane woman; you couldn't understand a thing she said; that is a God's fact. Q. Was Judge Lindly in the room when these applicants' were examined?— A. Yes sir; they were examined by him. '' Q. Ail of them? — A. Yes, sir; the witnesses were examined by him. Q. Who examined them first?— A. Well, it was written down by Nelson Durant in a little room. Q. How many rooms have they?— A. Two outside of the little room. Q. How large is the little room you speak of? — A. A very little room. Q. Which room was Nelson Durant in?— A. Next to where the white ladies worked. Q. Which office did he have, the one the applicants waited in? — A. He stayed in the room where the applicants first went. Q. And Lindly was in the other room? — A. Yes, sir. Q. And would they first be examined by Nelson Durant?— A. I don't know whether you would call it that. Q. Would he ask them questions first? — A. Yes, sir; he was guided by the roll book, got their roll number and age from the roll book. Q. And after he examined them would he take them in to Mr. Lindly? — A. Yes, sir; a great part of the time he would hold what he was reading. Q. He read it off to Lindly? — ^A. Yes, sir; the applicants did Hot have much to say when they came in there. It was aheady written off. Q. Mr. Lindly did not question these persons himself, then? — ^A. Not a great deal.- Q. Did you talk to Mr. Lindly about these applicants? — ^A. Yes, sir; he would ask me about the people they were talking about. Q. Who wrote your affidavit? — ^A. Mr. Lindly. Q. Did he question you as to what you knew about the applicants? — ^A. Yes, sir; about every one of them. Q. Mr. Lindly did?— A. Yes, sir. Q. I thought you said he took what Nelson Durant would tell him? — A. It is this way: Nelson Durant would write up what the applicants had to say and hand it to Mr. Lindly and then Mr. Lindly would question me about what I knew about the appli- cants and write it out on the typewriter. Q. Would Nelson Durant question you first as to what you knew about the appli- cants? — A. Yes, sir; he would ask me if I knew those people. A woman or man would claim to be a Choctaw; take the Hunter family; do you know Tom Hunter and that he has a grandson; do you know that, and I would say, yes, sir. Q. You know nothing about the ancestors of this woman who calls herself Jane Driver? — A. No, sir. Q. Do not know whether she is a Choctaw by blood?— A. No, sir; I don't believe there is a bit in her. Q. This woman who calls herself Jane Driver, was she a negro? — A. Looks just about like I do. Q. Just about your color?^A. Yes, sir; about my color. Q. In this affidavit *hich you made in support of the petition of Jane Driver for enrollment as a citizen of the Choctaw Nation, you are made to state that you knew this applicant when she was a small child; that you remember that she could not talk to amount to anything; that she *as meiitally all right but did not have the faculty of ^ speech. Did you state this in Mr. BalUnger's office?— A. No sir; there was no need of it. . Q: Did you know this woman when she was a small child? — A. No, sir. Q. You did not state, then, that you knew she could not talk when she was a small (Mid? — A. I don't remember. 94 INDIAN APPEOPBIATION BILLj 1917. Q. Did you state that you had ever had a talk with Henry Bynum and Willi Tobler? — A. No, sir; that is what she said. Q. Were you ever acquainted with Becky Turnbull?— A. I might have been 1 know several Turnbull families, but I don't remember that now. ■ Q. Do not lemember whether you were acquainted with Becky Turnbull?— A. No sir; I don't remember. Q. Did you know Bob and Bill Turnbull?— A. Yes, sir. Q. Know them both?— A. Yes, sir; they were some of the first Indians that firs came from Missis-sippi. Q. Do you know whether they had a sister named Becky? — A. No, sir; heard then say they did but I don't know. Q. Do you know whether Becky Turnbull was the grandmother of Jane Driver, thi colored woman? — ^A. I don't believe she was. Q. Do you remember Harriett Turnbull?— A. I think so— no, but in the state ment she mentioned that name or they got it from the roll book. Q. You do not remember her? — A. No, sir; I don't know much about the family. Q. Do you know William Brown, a Choctaw? — A. I know a colored man dowi there. Q. You do not know whether William Brown married Harriett Turnbull? — ^A. No sir; I don't know. Q. You never knew this woman in Towson County, this applicant, Jane Driver?- A. No, sir; I haven't been there since I was a little boy. Q. Did you ever know this woman in Kiamichi County? — A. I knew a womai who claimed to be her mother in Kiamichi County. Q. Who did this woman claim was her mother? — A. What family of Indians' I know the family of Indians she claims to be kin to. Q. Did this woman ever live around Caddo to your knowledge? — ^A. Not to mi knowledge. Q. Do you recall a woman who claimed to be a descendant of the Wright family o Choctaws? — ^A. I recall a woman that claimed to be a daughter of old Leonard Wright Q. Had you ever seen this woman before you met her in Mr. Ballinger's office?— A Never did. Q. Who was Leonard Wright? — ^A. Well, he was a Choctaw; I was not acquaintei with him. like I was with AUord and the old governor. Q. How do you know he was a brother of the old governor? — A. He was said to be Q. Was he a brother of old Gov. Wright? — ^A. Yes, sir; Allen Wright's father, a McAlester. Q. Were they full bloods? — ^A. Yes, sir; old Gov. Wright was a full blood. Q. What would you say if you were told that Allen Wright did not have a brother?- A. Well, I would just have to take it, because I don't know; he was said to be Alfre( Wright's brother, but I am not certain about it. Q. I am talking about Allen Wright, who was at one time governor of the Choctai Nation? — A. Yes, sir; I understand. Q. Were you personally acquainted with this Leonard Wright? — ^A. No, sir; I don' know him. Q. Would you know him if you would see him? — ^A. No, sir; Allen Wright and th old governor I know. Q. How many brothers did Allen Wright have? — ^A. I don't know that. Q. Did you know any of them? — A. Alford was his brother; they say he is. Q. Do you know Alford? — ^A. Yes, sir. Q. He was a brother of Gov. Wright? — A. Yes, sir. Q. Where did Alford live?— A. About 12 miles below Caddo. Q. Was he a full brother? — ^A. I don't know about that. Q. You did not know him or any of them?— A. No, sir; if an Indian is a cousin they claim them to be brothers. Q. Was this woman who claimed to be a daughter of Leonard Wright a negro?— .A Yes, sir; she was yellow. Q. She was yellow? — A. Yes, sir; I told them to send that [indicating papers i this case filed by Ballinger] to McAlester, but they wouldn't do it. Three Texs witnesses were there to that. Q. You say they had three Texas negroes to witness there?— A. They had two; will say that. Bill McCombs brought them up here. Q. Bill McCombs brouriit them here? — ^A. Yes, sir. Q. Did you make an affidavit for this woman? — ^A. Only for the Wright family, never saw the woman until that day. Q. Did you know Jack Wright?— A. Yes, sir; I don't think he was kin to th other Wrights. INDIAK APPEOPEIATION BILL, lOll. 95 Q. What direction did Jack Wright live from Atoka?— A. Southwest, I think. Q. How far? — A. I think ahout 7 or 8 miles. Q. Was he an Indian, a white man, or a darkey? — ^A. He was a full hlood. Q. Did he have any sisters? — A. I don't know. Q. Did he have a sister who married a Wimley? — A. I never heard that name before that I know of. Q. Could you be mistaken about Jack Wright and Alford Wright being brothers? — A. Sure, I don't remember ever saying that. Q. You could be mistaken about them being brothers of former Gov. Allen Wright? • — A. Yes, sir; I don't know. Q. Do you remember a woman by the name of Elmyra Wimley? — ^A. I don't be- lieve I do. The affidavit purporting to have been signed by you before Julius Golden, a notary public, on June 24, 1915, filed by Mr. Webster Ballinger with the petition of Bertha Tobler for the enroUemnt of herself and family as citizens by blood of the Choctaw Nation, is as follows; "Alec Nail, being first duly sworn, on oath states that he is 72 years of age, and that he lives at 1006 South Third Street, Muskogee, Okla. "That he knows the applicant, and that he was well and personally acciuainted ■with the Wrights, who were always said to be and recognized as full-blood Choctaw Indians, and who she claims as her ancestors. "That the names of the older ones of the boys were Leonard, Alfred, and Jack Wright. I don't know how many sisters there were, but one of them married a Wim- ley, whom the applicant claims as her mother. "The above-named Wrights were all brothers and were related in some way with Allen Wright, who was at one time the governor of the Choctaw Nation. "All of the Wrights above named and many others all lived south from Atoka and down on the mouth of Blue River, and they were all recognized Choctaw Indians. "Affiant further states that the said mother of the applicant, Elmyra Wimley, lived prior to her death at what is now Tushka, Okla. That the same place used to be called PecK. I don't know just how many children the said Elmyra Wimley had, but I do know that there was a bunch of them — seven or eight anyway. Some of them died, and they have scattered, and some of them now live in Muskogee. "This family were all considered and recognized as Choctaws, and lived and worked around the neighborhood. "(Signed by thumb mark) Alec Nail." Q. Did you make an affidavit for Jackson Barrett for use in his application for enrollment? — A. Yes, sir. Q. Did you know Jackson Barrett before you met him in Ballinger's office a short time ago? — ^A. Never seen him before. Q. You told me that you made an affidavit for Jackson Barrett in Mr. Ballinger's office?— A. Yes, sir; I swore that I knew the Hunter family. Q. That you knew the Hunter family?— A. Yes, sir; old Ben Hunter. This man claimed that Ben Hunter's daughter was his mother. I didn't know but I knew Tommy and Charlie. Q. Who did you say Jackson Barrett is?— A. He looked like a white man. Q. Did he have any indications of negro blood?— A. No, sir; he just a dark, red- headed white man. Q. Does he claim to be a negro?— A. No, sir; Choctaw, he clauns to be old Benny Hunter's grandson. Q. Does he associate with negroes?— A. I don't know; he does not stay around here. Q. You say you never knew him until you met him in Muskogee a short time ago? — A ^No RIT Q.' Do you know who his mother was?— A. No, sir; I don't know. This Choctaw ■woman might have been his mother, as far as I know. Q. You know nothing about it only what he claims?— A. No, sir Q. Who did he claim was his mother?— A. Benny Hunter's daughter Q. Do you know her name?— A. No, sir; I think it was Becky. I think he said— — Q. Who did he claim was his father?— A. Well, his father musy have been a white man, as there was nothing said about him. .„,,.,, ,j Q. Did you know a person namde Billy Hunter?— A. That is the old man. Q. Is he the person you called Benny Hunter?— A. Yes, sir; Billy Hunter was his name, but the Choctaws called him Benny Hunter. i- j Q He is the person you thought was meant when Benny Hunger was mentioned. You mean Billy Hunter?— A. Yes, sir; and there was Silas and Tom Hunter. Q. Who was Tom Hunter; where does h3 live?— A. Is he the person who was a candi- date for governor?- A. Yes, sir. 96 INDIAN APPEOPMAlION BILL, 1911. Q. Does he live at Hugo?— A. About Hugo, I guess Q. Are you acquainted with TolUver Barrett?— A. No, sir. „ , ,, . at Q. You do not know whether Tolliver was the fathfer of Jackson Barrett!"— A. JNo, sir; I don't; I don't know that at all. ^ ,. tt . 4.x. s^r.^. Q. Did you know a Clayton Hunter?--A. I knew a Charlie Hunter; there mlghlj have been a Clayton. , ^^ t i- ri uJ I read you an affidavit purporting to have been made by you before Julius (jolden^ a notary public, on February 20, 1915, filed by Mr. Webster Ballinger with the peti- tion of Jackson Barrett for the enrollment of himself, and others, as citizens by blood of the Choctaw Nation: , , . „„ . j ..^ . "Alec Nail, being first duly sworn, on oath states that he is 72 years of age and that he lives 1006 South Third Street, Muskogee, Okla. . ' ' That he knows the applicant and that he was well and personally acquainted With his mother, Francis Barrett; her father, old Billy Hunter; they were all full-blood Choctaws. , , , "I also knew her brothers; one was named Silas Hunter and the other one w.a8 Thomas Hunter, who run for governor at the last election for chief of the Choctaw, Nation; I think the oldest one was Nelson. "When I am at home I live in Atoka County, but am staying at Muskogee for the present. . . , ., "I have met all the older children of the applicant, but I could not positively iden- tify them if they were away from home; I do not know that he has a large family and that they grew up in the southern part of the Choctaw Nation. (Signed, by thumb mark.) "Alec Nail." Q. Do you recall a person by the name of Francis Barrett? — ^A. Probably that is the woman. That is who he said was his mother. Q. You took his word for that?— A. Yes, sir. The old man has three children. Q. You do not even know whether Billy or Benny Hunter had a daughter named Frances?— A. No, sir; he had one, but I would not be positive. Q. Do you know whether Benny Hunter had a son named Silas Himter? — A. Yes, sir. Q. You do not know whether he had a daughter named Frances? — ^A. No, sir; I don't know. Q. Did he have a son named Nelson? — ^A. He might of had; I don't know. Q. What is the street number of your residence in Muskogee? — -A. 1006 South Third Street. Q. Do you know a person named Malissa Marcy, n6e Carroll, n6e Birdsong?— A. I don't know. Q. There is an affidavit purported to have been made by you in which you are made to say that you were acquainted with this person. You say you do not remem- ber such a person? — A. No, sir. Q. You were made to state that you were personally acquainted with her mother and father; that her father's name was Willie Birdson; do you recall a Willie Bird- song? — A. Yes, sir; I don't know him, but there has been a man up there that claims to be a Birdson. Q. You do not know that that person is the father of this applicant? — A. No, sir. Q. You were made to state that her mother was Adaline Sanders; do you remember her? — ^A. It seems that some one was in that office by the name of Sanders. Q. You mean to say that Adaline Sanders, Who married Willie Birdson, was the mother of the applicant in this case? — A. No, sir; I don't know who they was talking about. Q. You do not remember this applicant? — A. No, sir; I don't remember her; I don'1 know nothing about the Birdsons. Q. Do you renlember William Sanders? — ^A. No, sir. The affidavit of Alec Nail, nlade before Julius Gtolden on March 16, 1915, filed by Mr. Webster Ballinger, with the petition for the enrollment of Malissa Marcy foi enrollment of herself and family as citizens by blood of the Choctaw Nation, is as follows: "Alec Nail, being first duly sworn, on oath states that he is 72 years of age and thai his post office is Boggy Depot, Okla. "That he knows the applicaut, but that he has not known her very long; that h« was well and personally adq^uaiiited with her father and mother. "Her father was Willie Birdson, a half-blood Choctaw Indian that was placed or the freedman roll over his protest; that her mother was Adaline Sanders before sh( married WilUe Birdsong, and that she was a three-quarter Choctaw Indian by blood "That they both lived in what was old Scully ville County, now Le Flore, near th( line of Arkansas. INDIAN APPBOPEIATION BILL, 1911. 97 "That all of the Sanders were all recognized Choctaw Indians; that William Sanders was the brother of her said mother, Adaline Birdsong, n6e Sanders. "That he does not know any of the applicant's family. "(Signed by thumb mark) Alec Nail." "Q. Do you remember a person named Jordeana Smyers, n6e Givens?- — A. No, sir; I don't remember her. "Q. In the affidavit filed in the application for the enrollment of this person, made by you on April 13, 1915, you state that you- were acquainted with the applicant and that you knew the persons whom she stated were her ancestors and with her grand- mother, Ellen Pusley, a full-blood Choctaw? Do you remember Ellen Pusley? — A. I remember the Pusleys; they were Choctaw Indians. I don't remember, though, the woman who made that application. "Q. Do you remember the brothers of Ellen Pusley? — A. Three of them, I do. "Q. Wliat were their names? — A. George, Billy, and Josh. "Q. Who was Jack Pusley?- — A. I don't know. "Q. You do not remember? — A. No, sir. "Q. Who was McAlester Pusley? — A. I don't remember. " Q. Do you remember Adaline Pusley? — A, No, sir; I just know Ellen and Elmyra. The affidavit made in support of the petition of this case by Alec Nail, on April 13, 1915, before Julius Golden, a notary public, filed by Webster Ballinger for the enroll- ment of Jordeana Smyers and family as citizens by blood of the Choctaw Nation, is as follows: "Alec Nail, being first duly sworn, on oath states that he is 72 years of age and that he now li^'es at 1206 South Third Street, Muskogee. "That he has recently become acquainted with the applicant, but that he knows the persons that she states is her ancestors. "That he was well and personally acquainted with her said grandmother, Ellen Pusley, who was a full-blood Choctaw Indian. That she had two brothers, McAlester Pusley and old Jack Pusley, that were allotted as he has been informed. "That he was well and personally acquainted with the daughter of Ellen Pusley named Adaline, but that he does not know who she married, and never had heard until he met the applicant. "That he did not know the father of the applicant, nor does he know her family. (Signed, by thumb mark) "Alec Nail." Mr. Webster BalUnger has filed an application for the enrollment of one John Harrison and his family. Attached to this application is an affidavit purportiag to have been made by you before Julius Golden, a notary public, on March 4, 1915, in which you are made to state that you are well and personally acquainted with the applicants and have known them all their lives— A. I haven't known them that long. Q. What have you to say about this; do you know these persons?— A. I am better acquainted with them since I have been in Muskogee. The old man was half Indian and half negro Q. Old man Harrison claimed 'to be A. Half brother of Robert, William, and John Harrison, and I know them to be Indians, and they claimed to be related to them. Q. Did you know this person who represented himself to be John Harrison, named in the application for enrollment?— A. I expect I knew him. Q. But you can not place him right now?— A. I guess I would know him. Q Did you know him before you met him at the time he made this application?— A. Not to have identified him; I met the old man when I lived at Durant. Q. You mean these boys' father?— A. Yes, sir, Q. Whatwasthenameof their father?— A. John Harrison or Sloan. Q. You mean his surname was SloaD?—A. No, Harrison. Q. Did they call him Sloan Harrison?— A. Yes, sir; and sometimes old man Harri- ^°Q. Did you know enough about this man Harrison to testify as to who his parents were?— A." No, sir; my brother Imew him; he was over here. Q. Your brother is Peter Nail?— A. Yes, sir. , . ^i j.i, Q. Were you ever at the home of the father?— A. Yes, sir; I hav3 passed there a time °'f Were you ever at the home of the applicant in this case, John Hariison?--A No, sir I don't know whether these young children had any home or not. The Choc- ^'tTou nevt'hai^'then, a close personal acquaintance with the father of this applicant?— A . No, sir. 25134— PT 4—16 7 98 INDIAN APPEOPKIATION BILL, 1911. Q. Was this applicant, John Harrison, a negro? — ^A. Yes, sir; sure. Q. What is his color? — A. About mine; dark bay. Q. What convention was it that met in 1869 at Boggy Depot?— A. That was when the Government sent Maj. Armstrong out there. Q. Could you say that you met the father of this applicant at that convention? — A. I don't remember. Q. You do not remember whether you made such a statement? — A. No, sir; I don't. Q. You do not remember whether the name of the father of these applicants was W. J. Sloan Harrison? — ^A. No, sir; I don't know; they claimed to be his children. Q. You do not really know whether the full and correct name ofthe Harrison you know was W. J. Sloan Harrison; you do not know whether this is his correct name or not? — A. No, sir; I don't; they are Texas folks. Q. Texas folks? — A. Yes, sir. Q. Was the man that you have in mind as the father of John Harrison a negro? — A. No, sir; kind of an Indian-looking negro about like my color. The affidavit of Alec Nail, made before Julius Golden, a notary public, on March 4, 1915, filed by Mr. Webster Ballinger with the petition for the em-ollment of John Harrison and his family as citizens by blood of the Choctaw Nation, is as follows; "Comes now Alec Nail, who, being first duly sworn, on oath states that he is 72 years of age, that his home is 3 miles west from Boggy Depot, Okla. "That he is well and personally acquainted with the applicants; that he has known them in a way all their lives; that he has not personally known them all the time, but that he did know their father since the convention at Old Boggy depot, in 1869; that they both attended the said convention together and that they have since lived a long distance apart, but have met often enough to keep up a personal acquaintance with the father of the said applicants. He was W. J. Sloan Harrison. The reason that I kept up so close a personal acquaintance with him was that his trading point was Durant, Okla., and I lived in Durant. "That it is for this reason that I knew him so much better than I did his family. Sometimes he had some of them with him and more often he came alone or with just his wife, Mahaley. ' ' I have been to his house and know that he had his own home on the public domain the same as the other Choctaw Indians and that he lived there until he died. "No one was ever heard to dispute his right as a Choctaw Indian and he held land fust the same as the other Choctaw,* and was so recognized. "This continued until after allotment and then he lost his farm because he was not enrolled. All I know about his mating an application is what he told me and that he said he made his application by blood and lor the reason that he had some negro blood in him, the commission wanted to put him on the Freedman roll, and he would not stand for it, and the commission denied him." (Signed, by thumb mark.) "Alec Nail,'' Q. Do you know James Goings? — A. Yes, sir; I know a Jim Goings, since I been htre. Q. Did you first tneet him in Ballinger's office? — A. Yes, sir; the first time in my life. Q. Do you know the father and mother of this applicant, Jim Goings? — A. No, sir. Q. You do not know whether the father's name was Henry and the mother's name was Francis? — A, No, sir. Q. Did you ever know a Henry and Francis Goings? — A. Yes, sir; I have heard of that family, but that thing [indicating affidavit] was made a long time before I saw it. Q. What do you mean?— A. They took this application in a long time before they knew I was here. I was sick but they referred him to me and when I got up his application was made out already and I was just asked about the Goings family and I said I knew them. Q. Did you know an Isaac Goings? — A. I heard them talking about him; I don't know him. Q. You were not personally acquainted with him? — A. No, sir. Q. You never met this applicant, James Going, for the first time at Doaksville, 30 years ago? — A. No, sir; I have not been there since I was 11 years of age. Q. Do you say that you did not meet this man at Doaksville? — A. No, sir; I couldn't ef; I left there when I was a little boy. Q. There is an affidavit attached to this application, filed by Mr. Webster Ballinger, acknowledged by you before Julius Golden, a notary public, on March- 23, 1915, in which you are made to state that you first met this applicant more than 30 years ago at Doaksville. — A. No, sir. IISTDIAN APPBOPEIATION BILL, 1911. 99 Q. And that you were well and personally acquainted with the father and mothar of this applicant, Henry and Francis Goings, and that you knew the brothers of Henry Goings, and that their names were George, James, and Alfred. — A. I don't know that at all; they are on the roll though, I guess. Q. And that the oldsst one died before the war. Did you make these statements to any persons in Mr. Ballinger's ofBcs? — A. Not like you are reading it. Q. Did you knowingly make your thumb mark to any affidavit in which you were made to testify to these facts? — A. I did not. I thought they were putting down just what they asked me. There is a lot of this that was not asked me. Q. You say you thought they were putting down what they asked you? — A. Yes, sir. Golden read them over and sometimes I couldn't understand him nohow. Q. You are acquainted with AMUiam M. James? — A. Yes, sir; since I have been here. Q. Did you approach James and request him to act as a witness for Mr. Ballinger in the preparation of these applications? — A. No, sir. Q. WilUam James states that you approached him and told him that you wanted him to act as a witness in a number of these cases? — A. He was a witness before I came up. Q. Did you or did you not approach him relative to this? — A. I did not; I found him acting as a witness the first time I went up to Mr. Ballinger's office. He is a State man, but married a Creek freedwoman, and has been a resident of the Creek Nation and I am satisfied that he knows nothing about the Choctaw people. He apparently made affidavits for everybody. Made one for Ben Grayson for a pint of miisky; he would swear to anything. They were nearly drunk all the time, and old man McCombs was drunk also; he is a white man. Q. Is Ben Grayson a white man? — A. A full-blood Creek. Q. An old man named Berryhill acted as a witness, did he drink? — A. Yes, sir; they all were drunk nearly all the time. Q. Did Mr. Lindly drink? — A. I have smelled it on his breath and he acted like it. Q. Did you ever see him drunk? — A. No, sir. Q. Never saw him when he apparently did not have control of his mental facul- ties? — A. No, sir; I think when he was getting too much he would quit. Q. Did they have whisky around the office? — A. I never saw it Q. Do you drink, yourself? — A. No, sir; there is not a man that lives that can say so. Q. Did Burton drink? — A. Yes, sir. Q. Did you ever see him full? — A. Yes, sir; pretty full. On August 5, 1915, the witness, Alec Nail, was recalled and testified as follows: Q. State your name? — A. Alec Nail. Q. ^^^lat is your age?— A. Going on 73; 72. Q. "Where do you live? — A. I am living in Muskogee now. Q. You live at 1006 South Third Street?— A. Yes, sir. Q. Are you acquainted with Josie L. Arnold, do you know a woman by that name?— A. I don't remember that I know her, I have forgotten her, what is she? Q She is supposed to live in Reeves addition?— A. I don't know her. Q. Did you make an affidavit in Mr. Ballinger's office identifying a woman named Josie L. Arnold?— A. No, sir; there ain't a soul that I identified. Q. Do you remember a woman coming to that office by the name of Josie L. Ar- nold?— A. It may be true; I don't remember it. T 1- ^ IJ I read you an affidavit purporting to have been made by you before Juhus Golden a notary pubUc, on June 22, 1915, filed by Mr. Webster Ballinger with the petition for the emollment of Josie L. Arnold, nee Lewis, as a citizen by blood of the Chickasaw "Alec Nail, being first duly sworn, on oath states that he is 72 years of age and that helivesat 1006 South Third' Street, Muskogee. ,,,,,, , ., "That he knows the applicant, Josie L. Arnold; that he also knew her mother, Sofia Lewis, nee Kemp, and all the Kemp family; that the father of her said mother Sofia Lewis, nee Kemp, was Jackson Kemp; ....... t> „ "That the said Sofia Kemp had a number of brothers and sisters; they were Ben- jamin, Joel, Walton, Bud (who was county sheriff for a Ion- time) Kemp; the sisters were Amelia, Virginia, and Lou Kemp, nearly all of these above-named Indians died before final enrollment, although Joel and Benjamin both got allotments. "They were all full-blood Indians (Chickaaaws), but some of them had Choctaw families and were enrolled Choctaws; that is, some of the younger ones "The applicant was raised by old Aunt Calidoma Green, a colored woman who was formerly the slave of her grandfather, Jackson Kemp. 100 INDIAN APPBOPEIATION BILL, 19Vl. "I don't know the age of the appUcant, but she is just a young woman and looks about as old as she says she is— 26 years of age. „ . ,, ^ t v ^ t ^a„,r -..^or^ "The reason that I know the Kemp family so well is that I lived for many years within less than half a mile from them, in fact some of them lived withm hearing (I T H"f"fJ Tl P^ "The old men of the Kemp family was Jackson Kemp, the grandfather of applicant; Eeuben Kemp, Billy Kemp, and Joel Kemp, who were all emigrants from Mississippi, and all full bloods. , , , , , v ^ at >> (Signed, by thumb mark) Alec Nail." Q Did you make this affidavit?— A. I know the name of some of those Kemps They would ask me about people named Kemp that I knew, and I would state what I knew. This woman was looked up by the roll and they would ask me if I knew the Kemps, and say go to work and name how many you know, and I would go and name as many as I knew. . ^ . ^t_- ,■ Q. Does the reading of this affidavit refresh your memory m respect to this appli- cant?— A. No, sir; I don't remember about that; see about what has been Q. You can not say that you know this applicant?— A. No, sir; I know I don't know her. . ^e » » -nt ■ Q. You did not know any of the people that you met m that efface .'—A N o, sir. Q. In what oflace do you mean when you refer to that office?— A. Well, it says Ballinger, Rodkey & Lindly. They say it is their names on that door. Q. What are Lindlv's initials?— A. I don't know. Q. Are you sure it is Webster Ballinger that is connected with that office?— A. Yes. sir; that is what they say. . , , ^ Q. Do you know whether Webster Ballinger is connected with the (jovernment service? — A. I don't know that. Q. Do you know whether Mr. Lindly is connected with the Government service?— A. I don't know that. Q. Do you know how much you got for making this affidavit?— A. No, sir; some- times I got a dollar, sometimes a dollar and a half, and sometimes S2. Q. Who gave you this money?— A. The applicants. The ones making applica- tion; they paid me the money I got. Q. Did you ask for the money?— A. They said if you don't pay the witnesses and notary fees the papers don't go out of the office. They said that they was to get two old members of the tribe; and I was in the Dawes Commission one day and they employed me to act and see about it. I didn't have any confidence in it. Q. You told me, did you not, that most of the persons who applied for enrollment down in their office as Indians by blood were negroes? — A . Every one ut them. Q. And they tried to get on the blood roll? — A. Yes, sir; and I would say "Why don't you get on the roll with me?" but they said they would get on the blood roll. Q. Did you know a Sofia Lewis who was a Kemp before she married? — A. I don't know; I can't remember. Q. Did you ever know Jackson Kemp? — A. Why, sure; yes, sir. Q. What relation was Jackson Kemp to Sofia Kemp? — A. I couldn't say. Q. Do you know whether Sofia Kemp was Jackson Kemp's wife? — A. No, sir; I don't know. This Sofia Kemp you are talking about might not be any Kemp at all; I don't know. Q. How old would Jackson be if he were living? — A. Jackson Kemp; well, my father said they came from Mississippi in 1832. Q. You were made to swear in this affidavit that I read to you that this woman who appeared in the office down stairs is the daughter of Sofia Lewis, who had been a Kemp, and that Jackson Kemp was the father of Sofia Lewis; what do you know about that? — A. I don't know nothing about that. I don't know who Sofia Lewis was; she may have been the mother of the one making application. Q. You do not remember Sofia Lewis? — A. No, sir; I don't know. Q. Do you remember old Aunt Calidonia Green? — A. Yes, sir. Q. Who was she? — A. One of Jackson Kemp's slaves. Q. You said you did not know whether Jackson Kemp was the grandfather of this applicant? — A. I don't think she was. Q. Why? — A. I don't know; I believe Virginia was John Lewis's wife. Q. What blood was Jackson Kemp? — A. Well, I would aay he was a full-blood; he looked to he. Q. Full-blood what? — A. Chickasaw. Q. Do you know whether his wife was a full-blood or not? — A. No, sir; T don't know. Q. Did his wife have any negro blood in her? — A. No, sir; I have seen her, and she didn't look it. INDIAN APPBOPKIATION BILL, igi*!. 101 . %,^^^ you make an affidavit down there for any person who was not a negro?— A. JMot tomy knowledge, except Jackson Barrett and another white man I forget- lets see— Mr. Eubanks. ^ ' Q. Do you know where Reeves Addition is?— A. No, sir; I have never been out there. _ Q. Were all the women for whom you made affidavits down stairs negroes'— A Yes sir; all negroes, I believe. ' Q. Well, this appljicant states that she was raised by Aunt Oallie Green Did she raise any children except negro children?— A. Not to my knowledge. She lived 18 or 20 miles from me. Q. Did you ever live within one-half mile from the Kemp family''— A When I was a little fellow. I left when I was 11 years old. Q. You left when you were 11 years old?— A. Yes, sir; I haven't been back since either. Q. Can you read?— A. A little in the Bible; can't read to do no good. Q. Can you sign your name?— A. Oh, no; can't write a line. Q. Was this affidavit read to you before you signed it?— A. Yes, sir; before I put my thumb mark to it. Q. Who read it to you? — A. Mr. Golden. Q. Well, this affidavit states that you knew this applicant, Josie L. Arnold. Was that part read to you? — A. I don't remember. Q. Would you have sworn that you knew this applicant if you had not known her?— A. No. sir. Q. Did you not understand that you were sworn to this affidavit? — A. I suppose so. I was sworn to what I said. Q. Would you have signed and sworn to this affidavit that you knew this woman?- A. No, sir; because I didn't know her. I know they were Indian people but this applicant I don't know. I told Mr. Lindly a do7,en times that I couldn't identify a soul, and didn't intend to try. Q. Mr. Lindly knew that you did not know this woman? — A. Yes, sir; I told him so. Q. You told me in testifying in other cases that Mr. Lindly wrote these affidavits out on the typewriter himseU which ymi swore to? — A. That colored lawyer and all thpm that is trying to get on the roll would get together in the little room and he would write a long Ust. <4. Whf' is that? — A. Nelson Durant, he would hand it to Mr. Lindly and somtimes he stood and read it off and Mr. Lindly wrote it. Q. So Mr. Lindly \vTote on the typewriter the affidavits that you made? — A. Yes, sir. Q. And you say you told Mr. Lindly that you did not know any of the applicants and did not intend to identify them? — A. Yes. sir. Q. Well, what were you doing down there? — A . I would prove that I knew the Choc- taws. Advise them. Q. You advised about what? — A. They would come there and say they were mem- bers of some Choctaw family. What family was it and they would name them and if I knew them I would say so. Q. It was your understanding that you were merely to testify that such a Choctaw family lived at one time and you would testify as to remembering that family; you did not testify that the claimants were related to any of the members of the families you have mentioned? A. No, sir; I couldn't. Q. You did not know the applicants before you met them down stairs? — A. No. sir. Q. And you did not understand that you were advising about that? — A. No, sir; and would say so. I knowed the people they claimed relation to. Q. Did you understand that you were down there to identify the claimants as being the children of the persons you named in the affidavits? — A. No, sir; Mr. Lindly told them that the applications would be identified with some old people and when they couldn't get me to identify them he said they would have to have some one to identity them. Q. He said they would be completed later? — A. Yes, sir. Q. Do you know Webster Burton? — A. Yes, sir; I know him. Q. How hng have you known him? — A. About 14 years, maybe longer Q. Did Webster Burton ever live close to Callie Green? — A. He lived up in that part of the country. Q. Do you know how (?lose he li\'ed to Aunt Callie Green? — A. Maybe 4 or 5 miles. Q. What did Webster Burton get for making these affidavits? — A. Well, he got just what he could, just like me. 102 INDIAN APPEOPBIATION BILL, 1917. Q. How long have you been around this office downstairs here making these affi- davits? — A. I "don't remember when I first went there. Q ^\'ell, about when?— A. It might have been in February. Q. Have you been up there every day since?— A. No, sir; sometimes I am sick and can't get there. , „ » t i, i i j Q. How many affidavits do you suppose you have made?— A. I have no knowledge. Q. Have you no idea at all?— A. No, sir; I don't know. Q. As many as 50?— A. I don't know, I say. , , , , , Q. As many as 50?— A. I don't know; I couldn't say. A heap of them were already made before they knew I was in Muskogee. , . , a: o a ^ j Q. How many thumb marks do you suppose you made m that office.'— A. hod knows; I put my thumb on three times. Q. To each affida^dt?- A. Yes, sir; I think so. Q. You made vour thumb mark three times? — A. Yes, sir. ^ ^ Q. How many "times do you suppose you made your thumb print like that each day?— A. I have no idea; the papers will show. Q. A number of times each day?— A. The number that ha^'e my thumb on will show. o • T J Q. How much did you make a day; how much money?— A. Sometimes i made nothing. Q. Why? — A. They would promise to pay me, but never did. Q. When was that to be paid to you?— A. Some have already paid. Q. They have paid you something? — A. Yes, sir. Q. Did they promise anything more if they got on the roll?— A. Yes, sir; some of them said if they got on the draws they would give me $100, but I wouldn't give 50 cents for that promise, for I don't think they will get on. Q. Are you on the rolls of the Dawes Commission?— A. Choctaw freedman; yes, sir. Q. Do you know your roll number?— A. No, sir; I don't know; I have my deed, ■ but I don't know it now. Witness excused. Lee G. Grubbs, being first duly sworn, on oath states that as stenographer to the national attorney for the Choctaw Nation he reported the proceedings in the above- entitled case on' the 31st day of July and the 5th day of A.ugust, 1915, and that the foregoing is a true and correct transcript of his stenograpliic notes thereof. (Signed) Lee G. Getjbbs. Subscribed and sworn tobefore me on this the lOth day of August, 1915. [seal.] R. p. Harrison, Clerk. (Signed) By A. C. McMillan, DepuVi. (Exhibit L.) Department of the Interior, Ofeice of the Superintendent for the Five Civilized Tribes, Muskogee, Okla., August 6, 1915. In the matter of the application of various persons for enrollment as citizens by blood of the Choctaw Nation. Webster Burton, being first duly sworn by William L. Bowie, deputy clerk for the United States Court for the Eastern District of Oklahoma, on oath testifies as follows : Examination by William L. Bowie on behalf of the superintendent for the Five Civilized Tribes: Q. Please state your name? — A. Webster Burton. Q. Age? — A. Well, you will find my age on those papers there 65, but since that time I have looked over the roll book and I am not that old. Q. How old are you? — A. I am 59; maybe 60. Q. Where do you live? — A. I live in Reeves Addition, Muskogee. Q. What is your occupation? — A. Minor work wherever I can find it. Q. How are you employed at the present time? — A. I have no regulai- occupation. Q. Are you acting as a witness in enrollment cases being prepared by some persona working in an office in the Metropolitan Building? — A. I am acting in that capacity, but am not employed; am not employed by no one working in the office. Q. How long have you been acting as a witness in these cases? — A. Well, I guess about three months, maybe. Q. Have you been present every day at the office of these persons — ^have you been in the office every day? — A. Every day? Q. Everyday? — A. Everyday. Q. You say you are not working at any regular occupation? — A. No, sir. INDIAN APPEOPEIATION BILL, 1917. 103 Q. How are you paid for your services? — A. These parties tlaat come and testify pay me for these facts for them. Q. How much did they pay you? — A. Just whatever they can, sometimes fifty cents, one dollar, and one dollar and a half. Q. Wlio first interviewed you relative to acting as a witness? — A. Nail. Q. Alec. Nail?— A. Yes, sir. Q. What did Alec t^ll you he wanted you to do? — A. Wanted me to help him with the Choctaw people. Q. What are the' names of the persons gathering this testimony? — A. You want t» know the names of those claimants? Q. What are the names of those persons occupying these offices? — A. Lindly. Q. Do you know his full name? — A. No, sir. Q. Any other person occupying these offices? — A. None but him that I know of- Q. Are you acquainted with Mr. Rodky? — A. No, sir; never saw him in my life. Q. Are you acquainted with Mr. Webster Ballinger? — A. Never saw him in my life, Q. Do you know whether Mr. Lindly is employed by Mr. Ballinger? — A. He said he was. Q. Do you know in what capacity he is serving Mr. Bajlinger? — A. No, sir. Q. Are any of the persons named connected with the Government service? — A. I have not heard say whether any of these gentlemen is attached with the Government business or not. Q. As a matter of fact, from what these applicants who go up there have said to you, don't they seem to think that these men are employed by the Government? — A. WelJ, I haven't heard or even had a person to implicate that to me until yesterday, and that was when two parties asked me if old man Lindly was employed by the Government and I told them I didn't know whether he was or not. Q. Is that what you told all of the applicants? — A. There hasn't even one asked me that but these two fel,lows, this was the first persons that have asked me such a question, that was the first I heard of it. Q. In what capacity was Nelson Dm-ant serving these persons? — A. Now, I can't tell you, Judge, I just only learned that he was an attorney at the bar, but what part of the attorney he was playing, I don't know. Q. Did he hold a powei: of attorney? — ^A. I heard that but I don't know it to be true. Q. Power of attorney from whom? — ^A. I don't know, I can't tell you that. Q. Do you know what these applicants paid Nelson Durant? — ^A. No, sir; I don't know if they paid him anything; I don't know it. Q. Did you ever hear him demand any money from any of these persons? — A. No, sir; not a nickel; only what I heard. Q. What was it that you heard? — ^A. One of these two parties was telling me that he paid Nelson Durant to take up his application. Q. How much? — A. He didn't say how much. Q. I have just had an interview with one of these men that you were seen talking to a short time ago, and one of them, Mr. Short, tells me that when he first came down here that you are one of the parties that represented to him that you were in the Government service. Did you represent that to Mr. Short?— A. No, air; never rep- resented that to him in my life. Q. You made quite a number of affidavits down here?— A. Well, I signed some. Q. In Mr. Ballinger's office? — A. Yes, sir. Q. How many affidavits do you suppose you made? — A. I have no idea. Q. Were you personally acquainted with all of the persons for whom you made affidavits? — A. Was I acquainted with them? Q. Were you personally acquainted with them?— A. No, sir; I was not. Q. Were you acquainted with any of them?— A. No one; I told them that. Q. You had never seen one of the persons?- A. No, sir; never seen them. Q. Who prepared the affidavits that you signed; who wi-ote them?— A. Lmdly typewrote them out. . Q. Did you tell him what to write in these affidavits?— A. No, sir; I told him ot the Indian people I knew. . au -^ <> Q. Did Mr. Durant have anything to do with the preparation of these aJhdavits.'— A Well, I am going to speak that the best I know how. Durant would fill them out. Q He would write them out with a pencil?— A. Yes, sir; whatever tribe these people were he would write it out, and if I knew that tribe he would write it out. 1 gave them all to understand that I didn't know them. Q. Did Durant question you himself as to your knowledge?— A. No, sir. Q. Did Mr. Lindly question you as to the extent of your knowledge?— A. Wo, sir; he did not. 104 INDIAN APPROPRIATION BILL, 1917. Q. Did lie simply write out these affidavits without asking you? — ^A. He wrote these affidavits fi-om the questions Durant wrote out from the roll book for the Indians on the roll. Q. Who would find them on the roll?— A. Durant or those Indians would take the roll book and find them. Q. After these affidavits were written up on the typewriter by Mr. Lindly, were the affidavits read over to you? — A. Yes, sir. Q. By whom? — ^A. Golden. Q. By Golden?— A. Yes, sir. Q. He was a notary public? — -A. Yes, sir. Q. Can you write your name? — A. Can't write at all, or read. Q. You signed these affidavits by thumb mark? — A. Yes, sir. Q. Will you place your thumb on this blank sheet of paper for the proper identi- fication of your thumb print? — A. Yes, sir; I can do it. Q. Are you acquainted with a person named Jane Driver? — A. No, sir; I don't know that I am — I don't know. Q. Are you acquainted with a person named Harriett Brown, who was Harriett Turnbull before her marriage? — A. Well, I got acquainted with her when she came up here to take up her application; was not acquainted with her before. Would not know her this morning. Q. Were you ever acquainted with a person named Harriett Brown, who was Harriett Turnbull before marriage, before she came up to this office? — A. No, sir. Q. Were you ever acquainted with one William Brown, who was said to be a one- half blood Choctaw? — A. No, sir; I didn't get acquainted with him. I read you an affidavit purporting to have been made by you before Julius Golden, a notary public, on May 11, 1915, filed by Mr. Webster Eallinger, which is attached to a petition for the enrollment of Jane Driver as a citizen by blood of the Choctaw Nation. (See application of Jane Driver as to contents of affidavit.) Q. Did you make this affidavit? — ^A. I didn't make it in that way. I made that affidavit, but not to know that woman. I knew the man that the woman said was her father. You will find it that way all the way through, but the people themselves, I don't know them. Q. This affidavit states that you have known the applicant for the last 18 years; what explanation have you to make to this? — A. It is wrong. I didn't make that, I didn't make that affidavit as to knowing that woman 18 years. I don't know any of those people. Q. This affida"\'it states further that you knew this applicant's mother, Harriett Brown, who was Harriett Turnbull before marriage. — A. 1 didn't make that. I know the Turnbulls, but not the girl. Q. Did you represent to any person at the time this affidavit was prepared that you had known this applicant for 18 years and that you knew her mother, Harriett Brown or Harriett Turnbull? — A. I did know a Mrs. Turnbull, but not the woman. Q. You just stated to me that you had never seen Harriett Brown or Harriett Turn- bull before you met such person in the office of Mr. Ballinger a short time since. — A. I says that the woman who this woman says was her mother, that Mrs. Turnbull, well, I knew her, but that woman I didn't know her. Q. Why did you. state to me just now that you had never known a Harriett Brown or Harriett Turnbull?— A. As far as Mrs. Turnbull is concerned, I knew Mrs. Turnbull. Q. Who was this Mrs. Turnbull that you speak of?— A. Mrs. Turnbull; she's a Choctaw woman. Q. Of what blood is this Jane Driver, the applicant in this case for enrollment?— A. Well, she said she was a Choctaw. Q. What does she look like?— A. Well, she looks like she had some Indian blood in her. Q. Did she also have negro blood?— A. Yes, sir; some negro blood. Q. What is her color? — A, About my color. Q. What color are you?— A. I call mjself a yellow man. Q. Are you usually termed a ginger cake? — A. No, sir. Q. You spoke of knowing a Mrs. Turnbull; do you know her given name?— A. No, sir; I don't know her given name. Q. Do you know more than one Mfs. Turnbull?— A. Joe Turnbull. Q. A man?— A. He is a man. I know Ben Turnbull. Q. Any others?— A. I think that is about all. Q. And this woman you speak of, is she related to Joe and Ben?— A. I think she was; I don't know for certain. Q. Where do Ben and Joe live; are they living now?— A. They are dead. INDIAN APPEOPRIATION BILL, 1917. 105 Q. Where did they live?— A. They lived up in Kiamichi at that time. Q. In what county?— A. Towson County; I don't know if that's what they call it now; that is the Indian name. I just know the people; I don't know their residence, and all that. Q. Were Joe and Ben related? — A. Yes, air; I think they were brothers. Q. Well, were they white or colored?— A. They were half-blood Indians. Q.What nation? — A. Ohoctaiv. Q. What was the other half?- A. White. Q. White? — A. Yes, sir. There are some TurubuU negroes. Q. You said you knew a woman by the name of Turnbull, but did not know her given name?- — A. No, sir. Q. Do you know that she was related to Joe and Ben? — A. I am not positive; I think she was, though. Q. Did this negro woman claim to be related to the Turnbulls?— A. Yes, sir. Q. What Turnbulls?^A. She said Joe and Ben were her uncles. Q. How did she make that out? — A. She named some other woman to be the brother of those boys, etc., etc.; we didn't go to work to question these people. They asked lis if we knew such names of Choctaws and Ghickasaws. Q. You are made to testify in this affidavit that I have read to you that you knew these applicants, that is, her mother, Harriett Brown who was Harriett Turnbull before marriage; as a matter of fact were you ever acquainted with one Harriett Brown who was known as Harriett Turnbull? — A. I was acquainted with a Mrs. Turnbull; I don't know her by Harriett Brown; I know her as a 'Turnbull. Q. You just stated to me that you knew a woman by the name of Turnbull, but that you did not know whether her given name was Harriett, — A. Yes, sir; I know a Turnbull. Q. But you do not know whether she was ever a Brown? — A. No, sir. Q. Did you knowingly testify that you knew this applicant's mother, that her name was Harriett Brown who was a Harriett Turnbull, before marriage, and that she was a full-blood Indian? — A. I didn't testify that. Q. You say this affidavit was read over to you? — A. Well, we couldn't understand half that Jew said. I never said those things that way. Q. You never saw this applicant before you met her in Mr. Ballinger's office? — A. No, sir. Q. What did this applicant give you for making this affidavit? — A. She gave me $1.50. Q. Where were you born? — A. In Red River County, Choctaw Nation. Q. What towns were in that county? — A. Why we didn't have no principal town only old Shawneetown. Q. Shawneetown is low Idabel? — A. Shawneetown is about 3 or 4 miles from Idabel. Idabel is the post office and Shawneetown is a little place. Q. How long did you live in that County? — A. Red River County? Q. Yes.— A. I lived there from birth up until I was about 23 or 24 years old. Q. Where did you go then? — A. I rambled around in Texas some. Q. How long were you in Texas?— A . About 5 or 6 years and then I came back to Shawneetown. Q. How long did you stay there?— A. I disremember how long, I moved to South McAlester and stayed there 5 or 6 years. ^, . , Q. Then where did you go from there?— A. I moved from McAlester to the Chick- asaw Nation. . ,,,.,, ., J Q. What part of the Chickasaw Nation?— A. This side of Milburn one mile and a quarter. Q. What year did you go down there? Do you know?— A. No, sir. Q. How long did you live at Milburn?— A. I stayed down there I guess about 12 years ae near as I can remember. , -^r .■ Q. Where did you go then?— A. I came up here in the Creek Wation. Q Where in the Creek Nation?— A. My first stop in the Creek Nalion was at Tulsa. Q How long did you stay in Tulsa?— A. Twelvemonths. Q When did you leave Tulsa?— A. Can't tell you the date, sir. Q About when?— A. Well, I can't say just exactly. I came to Coweta. Q. How long did you stay at Coweta?— A. I think about two years. Q Where did you go from Coweta?— A. To Wybark. Q. How long were you in Wybark?— A. Three years. Q. Wybark is just a few miles nort of here?— A. Yes, sir. Q. Where did you go next?— A. Bed Bird. Q. How long did you live at Red Bird?— A. Two years. Q. Where did you go next?— A. Muskogee. 106 INDIAN APPKOPBIATION BILL, 1911. Q. Have you been here ever since? — A. Yes, sir. Q. When did you come to Muskogee?— A. I came here in December. Q. December last? — ^A. Yes, sir. Q. Have you ever been in the penitentiary? — A. No, sir. Q. Have you ever been in jail?' — A. Yes, sir. Q. How m.any times have you been in jail?— A. I can 't tell you. Q. A number of times? — A. Several times. Q. What were you charged with?— A. Whisky and fighting. Q. Whisky selling? — A. No, sir. Q. Introducing? — A. Yes, sir. Q. What were you charged with?— A. Just charged with a little whisky. Q. Charged with introducing and selling?- A. No, sir. I never sold any whisky in my life. They found whisky on me when I was about 18 years old. Q. Have you ever been in jail in Muskogee County? — A. No, sir. Q. Tulsa County?— A. No, sir. Q. What counties were you in jail?- A. I have been in jail at Fort Smith and Tishomingo. Q. You have never been in the penitentiary?- — A. No, sir. Q. Have you ever been charged with felony?— A. What is that; I don't know what you mean; what are you talking about? Q. That is a penitentiary offense. — A. No, sir. Q. Are you acquainted with Mary Reeves? — A. Yes, sir. Q. Where does she live?- — A. She lives 5 miles east of Vian. Q. About how old a woman is she? — A. She says she is about 50 years old. Q. Did you make an affidavit for her in Ballinger's office? — A. Yes, sir. Q. How long had you been acquainted with her when you made this affidavit?— A. How long? Q. Yes.' — A. Well, now you done hit a pretty hard proposition in this case. Mary Reeves is a half sister of mine and I never saw Mary Reeves until she came up here, but I had heard of this girl from a little thing on, but I never saw her until she came right down there. She introduced herself to me and told me about all her people. Q. I understand you now that the first time you ever saw her was when you made this affidavit? — A. Yes, sir; but I had heard of her. Q. What did you know about her parentage? — A, About which? Q. Her parentage. — A. Her parents? Q. Yes; who was her father? — A. Sam Murray; she claimed he was her father. After emancipation he taken the name of Sam Burton and if that be true that was her father and my father. Q. Who was her mother? — A. Cordelia Hampton, and that being true I know her mother. Q. Of what blood was Sam Murray or Burton? — My father, he was a freedman and part Mexican, Her mother was a Choctaw woman. Q. You mean Cordelia Hampton? — A. Yes, sir. Q. What degree of blood? — A. Well, she was, I guess, a full blood, I guess. Q. Were you acquainted with her? — A. I have seen her more times than I got fingers and toes. Q. Where did she live? — A. About 17 or 18 miles southeast or west from Shawnee- town. Near Red Hill. She is dead. Q. Was this woman and your father ever married? — A. No, sir. Q. You are positive of that? — A. Sure, she was an Indian and he was a darkey, and that was slave time. Q. Did this Cordelia Hampton ever marry? — A. I don't know whether she did or not. I was small and she was a grown, so I don't know. Q. 'Who was her father? — A. I can't tell you, sir. Q. What do you know about this applicant being a daughter of Cordelia Hampton? — A. I don't know only what she tells me about me; I don't know anything about that case any more than what she said, but if the man she represents being her father, it is my father. She shows to be an Indian by her hair and eyes. Q. If your father was of colored blood and this woman, Cordelia Hampton, was of Indian blood, how do you account for the fact that this applicant is her child? — A. I don't account for it at all. I am just giving what she told me, that is all I am account- ing for. Q. You do not know anything about it? — A. No, sir. Q. Have you any reason to beUeve or disbelieve her statements? — A. No, sir; because she presented this about herself, nobody asked her about it. I read you an affidavit purj)orting to have been made by you before Julius Golden, a notary public, on May 14, 1915, filed by Mr. Webster Ballinger with the petition INDIAN APPEOPEIATION BILL, 1917. 107 for the enrollment of Mary Reeves, n6e Hampton, as a citizen by blood of the Choctaw Nation. (See affidavit attached to petition of May Reeves.) Q. Did you make this affidavit?— A. No, sir; I didn't make it that way. I didn't do It. Lon, Mike, and Julius is the sons of old man Isaac Hampton, and not the children of Cordelia, and this is the way I gave it in, too, and if that man wrote it that way you just as well as burn it up. Q. That is the trouble; there will be no burning up, Webster. — A. I am going to give him the de\il. I done heard about this before. If that lady was not in here Q. 'WTiat did you hear?— A. I heard that he spoke this way on the application, that we knew these claimants. Q. Who do you mean?— A. I mean Lindly; we gave him to understand that we didn't know these applicants and had never seen them before. Q. So in the particular application here you do not know whether this applicant ia a child of Cordelia Hampton or not? — A. I don't know. Q. You do not know who her father or mother was? — A. Only by what she said. Q. How much did this applicant give you for making this affidavit?— A. She hasn't given me nothing yet. Q. Well, she promised you something if she got through?— A. Yes, sir. I says well if you get through as you are my sister, I don't charge you nothing, and I would be glad if she did get through. Q. Did the other applicants promise you any money if their application went through all right— if they were enrolled?- A. None but that one who was supposed to be my sister and another one. Q. What did the other one promise you? — A. She said she would give me double if she got through. Q. You told me not long ago in our conversation that some of them had promised you $100 if their applications for enrollment went through? — A. Yes, sir; some of them did that. Q. Some did promise you $100? — A. Yes, sir; $100 if they went through. Q. Was this promise made in the presence of any other person? — A. None except me and Nail. Q. What did Durant get out of this? — A. I don't know if he got a nickle; I can't tell you. He might have got SI, 000; I can't say. Q. Are you acquainted with Annie Abernathy? — A. Yes, sir; I am a little bit acquainted with her. Q. Where does she live? — A. On the other side of the M. O. & G. Q. In Reeves addition? — A. Yes, sir. Q. Where did you first meet this Annie Abernathy? — A. Well I met around about, I never met her until I came hers. Q. Before you came to Muskogee to live? — A. Yes, sir. Q. And you came here about 5 months ago? — A. I came here in December. Q. What was this woman's name before she married? — A. I tell you I don't know nothing about that woman's name, I know her as Abernathy. Q. You do not know what her name was before she married? — A. No, sir. Q. Do you know who her parents were? — A. No, sir. Q. Do you know who claimed to be her mother? — A. No, sir. Q. Do you know any Tysons? — A. Choctaws; yes, sir. Q. Where do they live?" — A. Near Boggy, near Double Springs. Q. Know any one named Tom Tyson? — A. A\ hy, I didn't know an Indian by the name of Tom, but I know a nigger. Q. Know a Sam Tyson? — A. Yes, sir; I have met him. Q. You do not know whether either one of those persons was the father of this woman? — ^A. No, sir; I don't know. Q. Do you know a Caroline Tyson? — A. No, sir. Q. Do you know a Caroline Frazier?— A. Well, yes; I know Caroline Frazier. Q. Do you know whether she married a Tyson? — ^A. No, sir. Q. Do you know whether Caroline Frazier was the mother of this applicant? — A. No, sir; I don't know whether she is the mother or not, but she said so. I read you an affidavit purporting to have been made by you before JuUus Golden, a notary public, on May 6, 1915, filed by Webster Ballinger with the application for the enrollment of Annie Abernathy, nee Frazier, as a citizen by blood of the Choctaw Nation. ("See affidavit attached to petition of Annie Abernathy.) Q. You state that you do not know whether Carohne Frazier, now Tyson, was the mother of this woman? — ^A. I sure do, sir; I don't. Q. Does Annie Abernathy appear to be of negro blood?— A. Not a bit; there amt a drop of negro blood in her. 108 INDIAN APPROPRIATION BILL, 1917. Q. Does she live with the negroes? — A. Yes, sir; duly and lawfully married t( one, so she says. Q. Is she a mulatto? — ^A, She is about my color, maybe a little blacker. Q. And what do you say your color is? — A. 'I call myself a yellow man. I ain't n( ginger cake. Q. What makes you say that she does not appear to have negro blood? — ^A. She ain't got no features whatever of a colored person; it is white and Indian. Q. But as far as you know she might have negro blood in her? — A. She might, as far as I know. I read you an affidavit purporting to have been made by you before Julius Golden on May 28, 1915, filed by Mr. Webster Ballinger with the application for the enroll- ment of Willis S. Taylor as a citizen by blood of the Choctaw Nation. (See affidavit attached to petition of Willis S. Taylor.) Q. Did you make this affidavit? — ^A. I made it in part, sir. Q. When did you first meet this applicant? — A. Right here at this building. Q. When? — A. I can't tell you what month. Q. The day you made this affidavit? — A. Yes, sir. Q. Do you know anything about this applicant's ancestors? — ^A. I don't know any- thing about his ancestors, but the Taylors, I know them. Q. Who did he say his father was? — ^A. Sam Taylor. Q. Who was Sam Taylor? — A. An Indian man. Q. Where did Sam Taylor live? — ^A. Sam Taylor, I can't do that Q. Do you know Sam Taylor yourself? — ^A. I knew Sam Taylor, from time to time, at Wheelock. Q. Was he a full blood? — ^A. No, sir; he didn't look like a full blood. Q. Did he have negro blood in him? — ^A. No, sir; not a bit. Q. Did this applicant have the appearance of having negro blood? — A. Not a bit. He didn't have any negro in him. Q. Did he appear to be a white man? — ^A. White and blood Indian. Q. Do you know whether he lived with the negroes? — ^A. No, sir; I don't know. Q. You never met him when you were working as a deputy marshal? — A. No, sir. Q. That statement, then, in this affidavit, is false? — ^A. Yes, sir. He spoke about that and tried to make me know him as a United States marshal, but I didn't. Q. Were you ever a United States marshal? — ^A. Posseman. Q. You do not know whether this applicant belonged to the Chitto Harjo Band?— A. He said he did; I don't know. I know I did. Q. The statement contained in this affidavit that you have known the applicant for 35 years is false? — A. Yes, sir. Q. Also the statement that the applicant had his home where his father did and was considered and recognized as a Choctaw Indian is also false? — A. Yes, sir. Q. As far as your knowledge goes? — A. Yes, sir. Q. What did you gel for making this affidavit?— A. $2.50. Q. Were you promised any more? — A. Not a bit. Q. Are you acquainted with Thomas Goings? — A. Tom Goings? I am acquainted with the Indian Goings. Yes; I am acquainted with Thomas. Q. Do you know where he lives? — A. No, sir; I don't. Q. Did you make an affidavit in Mr. Ballinger's office identifying Mr. Thomas Goings?— A. I have made no affidavit identifying a soul in Mr. Ballinger's office. I haven't did it and never will. Q. Did you make any kind of an affidavit identifying the Goings?— A. I have. I did. I made an affidavit knowing some of the Goings. Q. What Goings?— A. The Goings I knew are dead, and I told them at the time they were dead. Lelius Goings and Old Tom Goings— I know some of the Goings. Q. What Lelius and Tom Goings were they?— A. Well, I don't know. Q. Where did they live?— A. They lived now— Tom lived near Doakville, in Kiamichi County. Q. AVhere did Lelius Goings live?— A. I just knew Lelius as I find him. I didn't know where he lived; he was a drinking man; I have met him at various places lots of times, but not having anything to say to him. Q. Whereis Doaksville?— A. Way down here. Q. Near Shawneetown?— A. Fifty miles this side of Shawneetown. Q. Did you ever know William Goings? — A. Yes, sir. Q. Thomas Goings?— A. Yes, sir; I know of these boys, but it has been years ago; those men were men when I was a boy. I didn't have no dealings with them. Q. Did you know a woman named Delitha Goings? — A. No, sir. I read you an affidavit purported to have been made by you before Julius Golden, a notary public, on June 15, 1915, filed by Mr. Webster Ballinger with his application for the enrollment of Thomas Goings as a citizen by blood of the Choctaw Nation. INDIAN APPKOPKIATION BILL, 1917. 109 (See aflSdavit attached to petition of Thomas Goings.) Q. Did you malce this affidavit? — A. Part I did, and part I didn't. Q. You recollect this applicant, Thomas Goings, do you? — A. Yes, sir. Q. Did he have the appaarance of having colored blood? — A. No, sir; hewasawhite man. Q. A white man? — A. Yes, sir. Q. Did he have the appearance of having any Indian blood? — A. Yes, sir. Q. What degree of blood did he look to be? — A. About one-quarter. Q. You say you never met him until you made this affidavit in Mr. Ballinger's office? — ^A. Yes, sir. Q. You did not know his father amd mother? — A. No, sir; only what he said. Q. You do not know whether he is related to William and DelJtha Goings then or not? — A. No, sir; only what he said. Q. You do not know whether he was a member of the Snake band? — A. No more than what he said. Q. You do not know why he was left off of the roll or whether he made application ? — A. No, sir; he said he didn't. Q. Was this affidavit read over to you? — A. Yes, air. Q. Why did you make your thumb mark on an affidavit containing facts not within your personal knowledge? — A. Well, the fact of the business, we didn't half under- stand that Jew in his reading, and further, we were not studying about this at all. Q. Do you understand the nature of an oath? — A. No, sir; I don't. What is it? Q. You know what it means to swear to tell the truth? — A. Yes, sir. Q. You were sworn to these papers? — A. Yes, sir. Q. You know there is a severe penalty attached to false swearing? — A. Yes, sir. I have heard that and I am here to tell you that that there was things put in there we never put there. Witness excused. Webster Burton, recalled on August 6, 1915: Q. Are you acquainted with Angle Flanagan? — A . Just right down here to the office. Q. You met her first in Mr. Ballinger's office? — A. Yes, sir. Q. Did you make an affidavit for her? — A. Yes, sir; I think I did. Q. Was that the day you met her? — A. Yes, sir; the first time I ever saw her. Q. What did you testify to for her? — A. Well, we taken up the kind of Indian she said she was and the names of those Indians ; why. If I knew them Indians from the roll I would testify that I knew that. Q. Well, who was her father?— A. I couldn't tell now. Q. Who was her mother? — A. I don't know that now. They would call the names and I would testify to those people's names. Q. You do not know of your own personal knowledge that the persons she claimed were her father and mother were her father and mother? — A. No, sir. Q. You say Mr. Lindly wrote out on the typewriter all the affidavits you signed?— A. Yes, sir; he wrote every one I signed. Q. Did you tell Mr. Lindly that you were well and personally acquainted with the father of this woman?— A. Who was it that she claimed was her father and mother, I told him I was acquainted with them. Q. Do you know a Ruth family?— A. No, sir; I don't know no Choctaw Ruths. Q. Does this family claim to be Chickasaw?— A. Chickasaw, I think; Choctaw or Chickasaw. Q. You do not know which nation this Ruth woman claimed to be a member of?— A. No, sir; I don't. Q. Did you ever know a Thomas Ruth?— A. No, sir; I don't know a Ruth. Q. Did you tell Mr. Lindly that you were well acquainted with this woman s father and that his name was Thomas Ruth?— A. No, sir. t j , -u- , Q. Ever know a deputy marshal by the name of Ruth?— A. Nope; I don t think Q bid you tell Mr. Lindly that this woman's father was a deputy marshal?— A. No, sir; I ain't told Mr. Lindly that anybody's father was a deputy marshal. Q Do you know a Harrison woman?— A. I know some Indian Harrisons. Q. What nation do they belong to?— A. They were Choctaws. Q Do you know whether this woman claimed that her mother was a Harrison?— A. Yes, sir; she claimed that her mother was a Choctaw, that is what she claimed. Q. You do not know that her mother was a Harrison?— A. Yes, sir; she claimed she was a Harrison. , . ^ , ^ i • 4. Q. Do you know a Harrison woman?— A. Yes, sir; I know one or two, scarcely, ]ust ™Q. old Mr. Lindly question you about them?— A. He asked me if I knew them. 110 INDIAN APPBOPKIATION BILL, 1917. Q. And he wrote this affidavit after he questioned you? — A. Yes, sir; and I told him I didn't personally know these Harrisons. Q. What was the given name of one of the Harrisons you knew? — A. Joe. Q. Any others? — A. Ben. Q. You just know two Harrisons, Joe and Ben? — ^A. Yes, sir. Q. Were Joe and Ben related? — A. I couldn't tell; I guess they were though. Q. You do not know? — ^A. No, sir; I couldn't tell you. Q. You do not know whether either one of these persons named were related to this applicant? — A. No, sir; I don't know whether they is or not. Q. Did you ever know a Sloan Harrison? — A. I have heard of him; never met him in my life. Q. Simply know of him? — A. Yes, sir; heaid of him. Q. What did you hear? — A. Why I heard he was a Choctaw, full-blood, and that he was a pretty bad man. Q. Where did he live, do you know? — ^A. Couldn't answer that question as to just where he lived; I couldn't answer that properly. Q. Did you tell Mr. Lindly that the mother of this applicant was one of the Harri- sons? That her name was Anna, and that she had her own home on the public domain the same as did her father who was known as Sloan Harrison together with his wife, the grandmother of this applicant who claimed to come from Mississippi? — A. No, sir; I don't know where they come from; I didn't tell that. Q. Did you go on then and tell Mr. Lindley that they lived unmolested as Choctaws until the time of their allotment and that their names had not been placed on the roll and they lost out and other Indians filed on the homes that they had made? — A. No, sir; they told that themselves. Q. Did you tell Mr. Lindley that the father, James Ruth, was a statesman? — ^A. No, sir; because I don't know nothing about it. Q. That the mother was a resident of the Choctaw and Chickasaw Nations and claimed to be a Choctaw by blood? — A. No, sir; they told that, old man Nail told that. Q. You did not tell Mr. Lindly that?— A. No, sir. Q. Did you make this affidavit? Did you place your thumb mark on it? — ^A. (Witness examines affidavit as to thumb mark.) I guess I must have made it. Q. Was the affidavit read over to you? — A. Yes, sir. Q. Who read it to you? — A. Golden. Q. Did you understand it?; — A. No, sir. Q. Did you not understand that you were swearing to those facts? — ^A. I told Golden I didn't understand them. Q. Did Golden swear you to that? — A. Yes, sir. Q. Did he read it over to you? — A. Yes, sir; he read it. Q. As a matter of fact did you care what they had in the affidavits? — ^A. (Witness does not answer.) Q. How much did you get out of this, for making this affidavit? — A. I haven't got a fighting cent. Q. How much was promised you? — A. One dollar, but they never paid it. Q. Did you care what facts were contained in the affidavits just so you got your money? — ^A. No, sir; I don't want to say that because I do. I find those affidavits were not made exactly like I swore to. There is an affidavit that I told those men I didn't know anything about those people [indicating affidavit of his in case of Angle Flanagan]. Q. Did you ever have any conversation with Mr. Lindly about these affidavits? Did he give you to understand that he wanted you to testify to these facts whether they were or were not within your personal knowledge?— A. I tells Mr. Lindly this: If there is a fraud in this, I don't want to fool with it, but if it is square and true it is all right. The Indians I Imew I testified to, but the Indians I didn't know I wouldn't swear to. Q. What do you think of this, do you think it is a fraud?— A. I don't know, I couldn't tell you. I seen into this business a long time ago and saw it was a fraud. Q. What was that? — ^A . This blood-right business, several years ago, and I saw it was a fraud. Q. What were you trying to do, get on the roll as a citizen by blood?— A. Yes, sir; Choctaw by blood. Q. Is this Angle Flanagan of colored blood?— A. Yes, sir; full of it. Q. You can tell that by her appearance? — ^A. Yes, sir; tell it from every thing. Q. What color is she? — A. Some of you say bay, and if you use that word she is that color, she is a dark brown sldn woman. Q. Do you Icnow Emma Jones, n6e Ervin? — ^A. Where does she live? INDIAN APPKOPEIATION BILL, 1917. HI Q. She is given in the application as living at Vian.— A, Yea, sir; I have met Emma Jones. Q. Where did you get acquainted with her?— A. In Mr. Ballinger's office. Q. Did you make an affidavit for this woman?— A. Yea, sir; for the tribe of Indians she claimed she was. Q. Did you get acquainted with her the day you made the affidavit?— A. Yes, sir; the first time I ever saw her. I read you an affidavit purporting to have been made by you before Julius Golden, a notary public, on May 2.3, 1915, filed by Mr. Webster Ballinger with petition for the enrollment of Emma Jones, n^e Ervin, as a citizen by blood of the Choctaw Nation. (See affidavit attached to petition of Emma Jones, n6e Ervin.) Q. Did you make this affidavit? — A. Yes, sir; I didn't make it knowing the Ervin family, though. Q. You did not make it knowing the Ervin family? —A. Not until she came up to the office. Q. You took her statement Ivr the facts to which you testified in the affidavit? — A. Yes, sir. Q. You did not know of your own personal knowledge? — A. No, sir; I swear to God I didn't, the Indians she said she claimed to belong to I said I knew them and I do know them. Q. You do say that you know the Ervin family? — A. Yes, sir. Q. Do you know Joe Ervin?— A. Yes, sir. Q. Where did Joe Uve? — A. At that time he lived in Towson County. Q. Near whgj,^lace? — A. Well, I guess, as near as I can recollect now Q. Did he fi^'e a brother? — A. I don't know whether Columbus is brother or not. -Q. What refatioQ was Columbus to him? — A. I don't know. Q. bid yau testify in this affidavit that Columbus was a brother of Joe? — A. No, sir; I didn't testify that; I testified that I didn't know they were brothers but knew who they were. Q. Did they claim this applicant had a daughter? — A. Yes, sir. Q. What is her name? — A. I don't know now, I don't know. Q. You met the daughter down here in Ballinger's office? — A. Yes, sir. Q. Was she with the applicant? — A. Yea, sir. Q. Was her name Evergreen Eeeves? — A. Yes sir; that is it, Evergreen Reeves. Q. Was this appUcaut, Emma Jones, n6e Ervin, a woman of negro blood? — A. If she has a drop of negro blood in her, Judge, 1 couldn't see it; I don't think you could see it. Q. What did she claim to be?— A. Full-blood Choctaw. Q. Didn't look like she had any negro blood in her? — A. No, sir; she didn't. IS Q. I exhibit to you a photograph attached to this affidavit and ask you to state who she is?— A. That is the old lady's daughter, Evergreen Reeves. Q. How about the daughter, did she look to have negro blood in her?— A . She might have had a little, but it don't show much. Q. Shows it some, though? — A. Shows a. little negro blood. Q. Are you acquainted with Lizzie CampBell, n6e Lenox, n6e Brown?— A. I don't know whether I am or not. Who is she? Q. She states she is 53 years of age and lives in Muskogee.— A. I am not sure. If I heard who she said her Indians are— I can't think of all those people's names that came up there. Q. You can not place this woman now?- — A. No, sir. Q. You do not know whether you made an affidavit in Ballinger's office or not?— A. I don't know whether I did or not. ,. ^ , j I read you an affidavit purporting to have been made by you before Julius Golden, a notary public, on April 24, 1915, filed by Mr. Webster Ballmger with the petition for the enrollment of Lizzie Campbell, n^e Lenox, n6e Brown. (See affidavit attached to petition of Lizzie Campbell, n€e Lenox, nde Brown.) Q. Did you make this affidavit?— A. Yea, sir; I made it. Q. Were the facta contained therein within your personal knowledge?— A. Yea, air Q. You told me awhile ago that you did not know these applicants?— A. Not until I could hear what Indians they claimed. Q. Who is Lizzie Campbell?— A. I knew her from the young woman up until her age now. Q. Wh'ere"did'you"first get acquainted with"her?— A. In the Choctaw Nation. 112 IITDIAN APPKOPfilATION BILL, 1917. Q. What part of the Choctaw Nation?— A. Up there on Wheelock, but they moved irom there up to Old DoaksviUe and Sandy Creek, we called it. . . Q. How old was she when you first got acquainted with her?— A. Lizzie was a young woman. Q. Was she a young woman when you got acquainted with her? — A. Yes, sir; about grown, I suppose; might have been about 13 or 14 or more when I got acquainted with her. Q. Who was she living with?' — A. Some old colored folks. Q. Colored folks? — A. Yes, sir; she was with them. Q. She is of colored blood herself? — A. Oh, yes; she has some colored blood. Q. Who was her father? — A. I don't know. Q. Who was her mother? — A. Mrs. TurnbuU was her mother; I believe it was Mandy or Betsy; one of these women, I think, was her mother. Q. Do you know a Betsy Turnbull? — A. Yes, sir. Q. They were two different persons? — A. Yes, sir; I don't know what relation they were. Q. You do not know whether they were related or not? — A. No, sir; but I certainly know them. Q. Did this applicant have any other brothers? — A. Well, she said she did ; I don't know whether she did or not. Q. You do not know yourself? — A. No, sir. Q. Did she have any sisters? — A. No; I don't think she did, at least, I have never heard of them. Q. How long have you known her? — A. Just like I told you; I ha^Jaeen knowing Lizzie every bit of that time. '^V- Q. How long did you say you have known her; how long has it been since you got acquainted with her? — A. About 30 years. p Q. And have known her ever since? — A. Yes, sir. Q. Where do you say she was living? — A. Down in Choctaw Nation, near 'Wheelock. Q. How long has she lived there? — A. I don't know. Q. You lost sight of her? — A. Yes, sir; heard she was living on Sand Hill Creek. Q. How long did she live on Sand Hill Creek after you first got acquainted with her? — A. Well, I don't want you to ball me up. Q. AVhere did you first find her? — A. Near ^Vheelock, in the Choctaw Nation. Q. How long did she continue to live there after you first got acquainted with her? — A. I don't know that. They moved to Sand Hill Creek from Wheelock. Q. How far was that from Wheelock? — A, Let's see now, it might have been 15 or 17 miles from Wheelock. Q. Do you know how long you knew her at Wheelock? — A. No, sir; I don't know Q. Long or short time? — A. I don't know exactly how long. Q. Several years? — A. Several years; yes, sir. Q. Then you knew she moved to Sand Hill? — A. Yes, sir. Q. How long did you know her at Sand Hill? — A. I can't tell how long. Q. Several years? — A. I guess it might.be; she left there. Q. See anything more of her then? — A. Never saw her until she came to Muskogee. Q. Where did you live? — A. Shawneetown. Q. How far is Shawneetown from Wheelock? — A. Ten miles. Q. Now, you say she left Sand Hill? — A. She left Sand Hill, because I found her here. Q. When did you lose sight of her? — A. I left her in that country when I left. Q. You left her where? — A. Down in the Choctaw Nation near DoaksviUe. Q. Was she at Sand Hill when she left Shawneetown? — A. I guess so. Q. You do not know? — A. No, sir; I don't know. Q. When did you leave Shawneetown? — A. I can't tell you the date. Q. How long ago?— A. It has been a great while; just can't say. I left Shawnee- town when I was quite small, young man, and I am about 60 years old now. Q. You lost sight of her and never saw her until you were in Muskogee? — A. Yes, sir. Q. How long before that was it that you met her in Ballinger's office. — A. That was a month. Q. Did you see much of her or just meet her once? — A. Just once. I went to her house; she was looking for me to come up. I stayed all night with her. Q. With her? — A. With them; you heard what I said. She wanted to talk over this business and we stayed up and talked this business over. Q. Is she married? — A. Yes, sir. Q. What is his name? — A. I don't know. Q. How long has she been married to her husband? — A. I don't know. INDIAN APPROPRIATION BILL, 1917. Il8 Q. Was she married at Sandy Hill?— A. Yes, sir. Q. What was his name? — A. Lenox something. Q. Was Lenox his given or surname?— A. I don't know Q. Was Lenox her first husband?— A. The first I knew anything about Q. What became of Lenox?— A. He. died. Q. How long has he been dead?— A. I couldn't tell. Q. Did she marry after that, before she married this man she is living with now?— A. Not that I know of; I lost sight of her. Q. You know that she is the same woman you knew at Sandy Hill? — A Yes sir- I would swear that. ' ' Q. Wha,t do you know of her being of Choctaw blood?— A. Now you have got me; I know what she says. Q. I am asking you of your own personal knowledge.— A. I don't know of my own personal knowledge. Q. You do not know anything about her Choctaw blood?— A. No, sir- I don't know, but it looks to me Q. Does she look to be over one-half negro?— A. She looks to be over one-hall Indian. Q. What is her color? — A. She aint quite as fair as you are. Q. Is she a mulatto?— A. I guess you might call it that, between mulatto and Indian. Q. Then she looks to have negro blood in her?— A. She don't look like she has a drap of niggar in her. Q. What color is her husband?— A. He is as black a negro as you ever saw almost. Q. You testified in this affidavit here that yoU knew the ancestors of Lizzie Camp- bell. Do you know what the word ancestors means? — ^A. Ancestors means her relatives, don't it. Q. The persons from whom she descended. — A. Is that what it means? Q. Who did you say her mother was? — A. I didn't say who her mother was. You wouldn't let me tell you what she said. I was just telling you the Indians what I knew. Q. You really don't know anything about her parentage, then? — ^A. No, sir. Q. You do not know that her mother was a Brown, n6e Turnbull? — A. No, sir. Q. You do not know who her father was? — ^A. No, sir. Q. Who was old William Turnbull; did he have any daughters? — A. I don't know whether he had or not. Q. Do you know whether he had a daughter by the name of Lizzie, or Elizabeth?— A. I don't know; she says she was his daughter. Q. Do you know that he had a son named Joe? — ^A. Yes, sir; he had a son named Joe. Q. Who was the father of Joe? — A. Old man — oh, let's see — if I don't forget his name now; I know him as good as I do myself. Yes; he had a son. _Q. Was there a Turner Turnbull? — ^A. I don't know whether there was or not; there might have been. Q. Was there a Levi Turnbull? — A. Yes, sir. Q. Who was he? — ^A. I don't know. Q. Was there a Dan or Daniel Turnbull? — A. Yes, sir; there was a Daniel. Q. Do you know who Daniel's father was? — A. No, sir; I don't know, really. Q. Do you know whether Daniel and Levi are related? — ^A. No, sir; I don't. Q. Do you know Simeon Turnbull? — ^A. Yes, sir. Q. Do you know whether Simeon and Daniel are related? — ^A. I don't know. Q. Who was Simeon's father? — A. I don't know. Q. Enow who Daniel's father was?— A. No, sir; I don't really know; it has been a long time since I have been among those people. Q. Do you know Turner Turnbull?— A. Yes, sir. Q. Is he living or dead? — ^A. I couldn't say. I think he is dead. Q. How about Simeon? — ^A. They all of those fellows are dead. Q. Did you testify in this affidavit that Simeon and Turner Turnbull are living?-^ A. No, sir; I don't think I did; there is an old Simeon and a young Simeon. I testi- fied I knew the old Simeon. Q. Where i" Gates Creek?— A. That is the name where this family lived. Q. Did you know this woman when she lived on Gates Creek?— A. Yes; place known as Sand Hill Creek, long ago. Q. Did this woman have any children?— A. One dead. Q. How old?— A. I don't know how Will is. Q. Will is his name?— A. Yes, sir. ^ ^ „ , Q. When did you first get aquainted with Will?— A. Over there on Gates Creek. 25134— PT 4^16 8 114 INDIAN APPEOPBIATION BILL, 1917. Q. He was a baby then? — A. Yes, sir. Q. Was he the child by the last husband? — ^A. No, sir; the first husband. Q. What did you get for making this affidavit? — A. Not a nickel. Q. Are you acquainted with Josie L. Arnold? — A. Yes, sir. Q. Where does she live? — A. Out in Reeves Addition. Q. How old a woman is she? — A. I can't tell how old Josie is; looks like she was about 27 or 28 years old. Q. Rather a young woman? — A. Seems to be. Q. Married? — ^A. Yes, sir. Q, What is her husband's name? — A. Arnold. Q. What was her name before she married? — A. That is something I don't know anything about; why I just met her here. Q. You first got acquainted with her in Ballinger's office? — ^A. Out there in Reeves Addition. Q. How long' ago? — A. Been about three months ago, I reckon. ,, Q, This is the first time you met her to know her? — A. Yes, sir; first time. ' Q. She made application for enrollment in Ballinger's office downstairs? — ^A. Yes, sir. . Q. Did you make an affidavit for her? — A. I guess so. She asked me to help her. ' Q. This woman asked you to make an affidavit, did she? — ^A. Asked me to help her Q-. You made an affidavit for her? — A. Yes, sir. Q. What did you testify to? — A. I don't kijow but only to what Indians she claimed tjuough. ■' Q, You so not remember who she claimed was her father and mother? — A. No, sir. ' -Q, Or-who she claimed raised her? — ^A. No, sir. ' ' Q. Is she of colored blood? — A. There is mighty little, if any. Q. Does she live with colored people? — A. With her husband. !!!. LUKE WAKD CONEKLY. Mr. Luke Ward Conerly, of Gulf port, Miss., Station A, made the following statement to Special Agent McConihe at Jackson, Miss., April 26, 1911, under oath: " I know A. P. Powell. He is engaged In writing up Choctaw claims In Mis- sissippi. I am working with Mr. Powell now. Have been with him at Tyler- town, Pike County, Bay St. Louis, and I am now engaged' at McComb City, Pike County. I was not with him all the time at Bay St. Louis. I have been present when large numbers of persons appeared before Mr. Powell, and I never heard him say he was a Government official or agent, or make any state- ment that could lead others to think so. I met Powell about July and asked him what he was doing, and he said he was getting up claims for Slississippi Choctaws under the treaty of 1880. I understood that he had been before Congress with the claims. He said that Crews & Cantwell were getting up the claims to present to Congress, the courts, or the department. Powell said he was getting the claims for that firm. I do not know what he gets out of it. I have never heard Powell say that he was representing the Government, nor have I ever heard anyone say that they heard or was told by Powell that he was a United States official, or was repre- senting the Government. At Bay St. Louis he was making no charges at first for his work. Powell required every applicant to show up his ancestry. At Bay St. Louis he ran out of blanks and had some more printed, and after- wards charged them $1.25, including notary fee. Powell sent me to Tylertown to work there getting up claims, and I made a charge of $2.50 for each appli- 25134— PT 4—16 10 146 IXDIAK APPEOPEIATION BILL, 1917. cation written up and paid him $1 for blanks. I wrote up about 150 appli_ca- tions The chnrge was to cover expenses. I represented to the people tnat they were entitled to put in claims against the Government under the provi- sions of the treaty of 1830, subject to such legislation by Congress as might be determined, and that they would have to enter into a contract if they wanted to put in a claim on a 30 per cent contingQnt fee, as shown by the contract with Crews & Cantwell, who were the lawyers having charge of the matter, who would present the claims to Congress. I have been at McComb City work- ing up claims since March 21, and making a charge of $2.50 for each applica- tion. I pay Powell $1 for a set of blanks of two, and keep $1.25 and pay the notary 25 cents. I am taking all these applications in the name of William B. Mathews, of Washington, D. C. Last December 19 I closed at Tylertown and went to Bav St. Louis and brought him all the applications I had left. These were the la'st I wrote up for Crews & Cantwell. I wrote no more after that until about March 13, when I met him at Columbia, where he was writing up claims for W. B. Mathews. He gave me to understand that he no longer repre- sented Crews & Cantwell, but gave me no reason for the change. He gave me 100 sets of blanks to take to McComb and open an office there. Our agreement was that I should write 25 claims and send them to him with the $25. I have sent him 50 contracts and $50. I was not at Jackson with Mr. Powell. I made $1.25 on each application at McComb. I tell the people this is for my expenses." I certify that the above statement was made to me under oath. W. W. MOCONIHE, Special Indian Agent. Exhibit C. GuLFPORT, Miss., June 17, 19H. Maj. James McLaughlin, Inspector, Indian Office, Wasliington, D. C. Deab Sir: While you were in Gulfport I promised you I would send you a circular sent out by Crews & Cantwell from Washington in reference to A. P. Powell and also my employment by them in February, 1912. You will note that during the engagement of myself by Crews & Cantwell In which Mr. Masterson was concerned I was forbidden to charge even a notary fee against those who appeared before me. Mr. Masterson refusing, after the 1st of February, 1913, to furnish any more money to cover my expenses, I took contracts during that month for that firm at my own expense. After February, 1913, say 1st of March, 1913, I entered into an agreement with Thomas B. Crews to take contracts in his name, he to cover my expenses, except I reserved the right under the Mississippi laws to <;harge my notary fee of 50 cents each against those able to pay, and I have made it a rule not to charge a widow or a woman dependent on her own re- sources for a support, nor a cripple, nor any one else not able to pay the 50 cents notary fee. Not being allowed any traveling money in 1912 by Crews & Cantwell and Mr. Masterson, in some instances, in order to save the expense of coming to Gulfport, where there were groups of claimants, they volunteered to cover my expenses to their neighborhoods and return. In no instance whatever have I made a charge against persons putting in claims through me ; neither have I appointed any subagent, nor allowed anyone, if I could help it, to charge for making out proof and contracts for others where I furnished the blanks, but I can not say this was not done in some instances without my knowledge. I have always been careful to explain the situation of our case before the •Committee on Indian Affairs, as I was present at the opening of the case before the subcommittee, February, 1912, and understood the situation, and have tried to impress upon the minds of all that the rolls could not be opened ; nor could the Secretary of Interior do anything without the enactment of a law to author- ize it ; and especially have I urged people not to annoy the Interior Department, nor our lawyers and Congressmen, with letters — to be patient and wait. So anxious have our people been to get their claims in and to secure their rights that they would willingly have paid me a cash fee for the work of getting up their ancestral records and proof and preparing their papers for their attorneys and I could have reaped thousands of dollars in the last two years ; but, instead, I have expended a thousand dollars of my own earnings going to them to do the work for them free of charge, besides money furnished me by iiiy INDIAN APPEOPKIATION BILL, 1917. 147 associates and employers, Crews & Cantwell. Knowing the hard contest before Tis in Congress on account of powerful opposition, I was opposed to the charge of a petty fee against the claimants when their attorneys were doing their work for a contingent fee subject to modiflcation and approval of the Secretary. By a special arrangement with Mr. Cantwell and also with Thomas B. Crews, 1 own a' number of contracts in my own right, taken in the name of Crews & Cantwell, and I am trying, and have been all the time, to conform to my instruc- tions from them as outlined in the circular inclosed sent out by them in February, 1912. Yours, sincerely and truly, Luke W. Conkbly. Office of Crews & Cantwell, 420 Munsey Building, Washington, D. 0., February 16, 19-12. To the Mississippi Choctaics: We inclose herewith a copy of an affidavit made by A. P. Powell which explains itself. The occasion for sending this affidavit to you and for the statement which follows arises by reason of the fact that all relations between A. P. Powell and the firm of Crews & Cantwell are now severed. A short history of our relations with him may not be improper. In the month of May, 1910, Mr. Cantwell liad some business before the Committee on Indian Affairs with relation to citizenship claims in the Choctaw-Chickasaw Tribe, and made an argviment before the committee on that day. At the con- clusion of his argument Powell made to the committee a statement of his claim as a Mississippi Choctaw. (A copy of the statement of Mr. Powell made at that time is herewith inclosed for your information.) Mr. Cantwell had had no occasion to investigate the claims of the Mississippi Ghoctaws prior to that time, but upon a casual examination of the matter he became impressed with the idea that there was mucli more foundation for the claim of rights of the Mississippi Choctaws than had been stated by Mr. Powell before the com- mittee, and upon a full investigation he became convinced that the claim of rights of the Mississippi Choctaws was well founded, and thereupon our firm employed Powell upon a salary to go to Mississippi and secure contracts for us and in our name as attorneys to represent the claimants. Powell gave us to understand at that time that the number of claimants would be about 2,000, and the money was provided for all the expense of taking that number of contracts. There were many more claimants than we were led to believe existed, and after nearly 3,000 contracts had been taken, the money provided for that purpose became exhausted. Mr. Cantwell requested Powell, who was then in Washington, to retiirn to Mississippi, and stop the work of taking contracts until arrangements could be provided for funds to pay the expenses of taking more contracts, and Powell was paid his expenses to return to Missis- sippi. Powell at that time suggested to Mr. Cantwell that the claimants would pay the expenses themselves, but as no bill had been introduced for the relief of the Mississippi Choctaws and as it was uncertain at that time whether any legislation would be enacted, Mr. Cantwell felt that to charge claimants for making out the papers, or to permit them to pay the cost of doing so, might cause the enemies of the Mississippi Choctaws to designate the efforts to get ■them together as a scheme of graft for these fees, and our firm was not willing to have the cause in.iured by permitting any occasion for such charges. Powell then went to Mr. W. B. Matthews, a lawyer of Washington, D. C, and represented to Mr. Matthews that there were a large number of claimants in Mississippi who were" willing to pay for writing up their contracts, provided they could get a lawver to represent them. Mr. Blatthews consented to repre- sent them in the event that Powell could secure the contracts, and quite a num- ber of contracts were taken by Powell in the name of W. B. Matthews under this arrangement, the claimants paying a fee for writing the contracts. The firm of Crews & Cantwell had absolutely no connection with this whatever, and during all this period Powell was not in ou'r employ and not in anyv.ise connected with us. During all this time, however— that is, while PoAvell was taking contracts for Mr. Matthews — no contracts were taken for us or in our 'name, although we were doing all the work of preparing the law governing the case of the Mississippi Choctaws. Powell had up to this time still retained a contingent interest in the fee which might he eventually recovered by us, and desiring to eliminate him from all connection with our contracts, he was paid 148 INDIAN APPEOPEIATION BILL^ 1917. the sum of $2,400 in cash, and he then relinquished all interest, contingent or otherwise, in the contracts which he had secured for us. This payment was in addition to the sum of $150 per month and his expenses, which had been fully paid him during the time he was taking contracts for us. Later, that is, within the last two months, Mr. Blatthews, having then investigated the mat- ter, because convinced that we were in a better position to present the case of the Mississippi Choctaws and to handle their interests than anyone else, trans- ferred all the contracts which had been secured in his name to us and sub- stituted our names as attorneys in accordance with the power given him by each individual contract. From the beginning of this work we have been entirely willing to give Powell all the credit to which he may be entitled by reason of the fact that, without knowing upon what legal ground the rights of the Mississippi Choctaws depended, he remained in Washington, almost friendless and alone (up to the time that he met Mr. Cantwell), insisting that he, as. a Mississippi Choctaw, had some rights which had been disregarded. AVe have always regarded Powell as the instrument of Providence in keeping alive the claim of at least one Mississiijpl Choctaw after the closing of the rolls in 1907 up to the time when the work was commenced at our expense in Mississippi. For his energy after his return to Mississippi in keeping up the Interest of the people there in their rights (although he was paid therefor a much higher salary than he had ever earned before in his life), we have always been willing to concede him full credit and honor. Unfortunately, however, Powell now seems to have the impression that he is a lawyer, that he should direct this campaign, and he has been particularly restless and sensitive about the few mild criticisms which we have indulged in regarding certain misrepresentations which he had igno- rantly made to the people in Mississippi. Some two weeks ago we engaged Powell upon a salary to go back to Missis- sippi to assist Mr. Luke W. Conerly, of Gulfport, Miss., in taking such con- tracts as might still be obtainable from claimants, with the express provision that Powell and Conerly should be paid a salary and that no charge should be made the claimants. While we do not regard it as anything improper for the claimants to pay the expenses necessarily incident to making contracts for the protection of their rights, yet, having defrayed all the expenses of taking contracts for us before and desiring to prevent any reflection upon the agita- tion for those rights as being a means by which a petty profit might be made, we have steadily opposed the idea of taking any contracts except at our own expense. A telegram has just been received from Powell in Mississippi saying that "Our deal is off." Owing to his peculiar impulsive disposition, we are led to fear that he may be indulging in some misrepresentation as to what is now being done in Washington and that he contemplates some arrangement by which he may continue to charge claimants for taking their contracts as he had heretofore done with the Matthews contracts. We desire to say to the claimants that a bill for their full and adequate relief has been Introduced in the lower House by Mr. Harrison, of Mississippi ; that all the members of the Mississippi delegation and Mr. Wickliffe, of Louisi- ana, are enthusiastically supporting the bill ; and that Congressman Harrison and Mr. Cantwell are now engaged in making arguments before the Subcom- mittee on Indian Affairs in Congress, making a full presentation of the case and that everything is being done that can be done for the relief of these claimants. Mr. Luke W. Conerly, of Gulfport, Miss., who is himself a Mississippi Choc- taw claimant, will return to Mississippi from Washington in a few days, and any of your friends or relatives who are not now represented by us who desire attorneys to represent them may procure blank contracts and blank memoranda of evidence from Jlr. Conerly. All those who apply to him at Gulf- port, Miss., will have the memorandum of tlieir evidence filed and the con- tracts prepared and acknowledged without charge, and upon giving him the preliminary information by mail, the papers will be prepared by him and re- turned to you at your home in the event that you can not get to Gulfport In case the papers are acknowledged at your own home, however, the claimant would be expected to pay the notary fee, which in any event would not be more than 50 cents. We repeat we have never had any desire to take away from Powell the credit for whatever work he has done. He is in the habit of looking upon him- self as the " father " of the Mississippi Choctaws. We have been reliablv in- INDIAN APPKOPEIATION BILL, 1917. 149 formed that l>o\vell has heretofore represented throughout Missisaippi that he was the attorney who presented this matter before Congress. In order to gratify his vanity we had Inserted in the hrst contracts a recognition of Powell s services, but the copy of the statement and the only statement which Powell has ever made before any committee of Congress, is herewith inclosed from which each claimant can easily determine for himself that if the rights of the Mississippi Choctaws had depended upon Powell's efforts alone, thev would not have gotten very far toward being recognized. The statement itself shows that Powell did nothing except call attention to his own claim, and a compari- son of his statement with the voluminous brief of Mr. Cantwell shows how imperfectly even his own rights were stated. Whatever Mr. Powell may do tan not affect the rights of the claimants. Their rights will be fully protected in any event, and this letter is sent to you only for the purpose of thoroughly acquainting you with the situation in order to prevent the possibility of any wrong impression being created in regard to your claim. Cebws & Cantwell. State of Missouei, City of St. Louis, ss. A. P. Powell, upon his oath, deposes and says : That In the month of May, 1910, at the city of Washington, D. C, he was employed by the firm of Crews & Cantwell to secure contracts for them for their employment as attorneys by persons claiming rights as Mississippi Choc- taws under the treaty of 1830 ; that his instructions from Mr. Cantwell were to write the contract of no person who was not a bona fide claimant under said treaty, and to write contracts with no person except those who had record or evidence by tradition of their pedigree as a descendant of a person entitled to lands under the treaty of 1830 ; that he was paid a salary of $150 per month, and all of his expenses, and had a contract for a contingent interest in the fees that might be recovered by Crews & Cantwell ; that all of the expenses of securing about 3,800 contracts, including the acknowledgments, were paid by the firm of Crews & Cantwell, and that no charges were made by him against any of the claimants for any of his services In writing contracts for Crews & Cantwell; that after Crews & Cantwell stopped taking contracts, the affiknt was besieged by other persons who had had no opportunity, up to that time, to have their contracts written, and that affiant, upon his own responsibility, took contracts with about 300 persons, in the name of Crews & Cantwell, charging the applicants a fee of $1.50 for each contract ; that after communicating to the firm of Crews & Cantwell the fact that these last 300 had been taken for which this charge had been made, Mr. Cantwell first declared that as they had made no charges for the other contracts, they did not want these contracts at all, but realizing that this would put the claimants In a bad position and that their rights might be neglected, the contracts were finally accepted by Crews & Cantwell ; that Mr. Cantwell instructed this affiant to return the $1.50 charge made by this affiant, and that Crews & Cantwell then paid this affiant his ex- penses, while taking these last-mentioned contracts. That over 3,800 contracts had been taken prior to that time, for which no charges had been made ; that under no circumstances and at no time did Crews & Cantwell, or any one of them, authorize or request that any contracts be taken for which a charge should be made, and that the only contracts taken In their name for which charges were made, were as above detailed and under the above circumstances, which was after Crews & Cantwell had notified this affiant that they did not wish to go further on taking contracts. That at no time and under no circumstances did Crews & Cantwell, or any- one of them, ever instruct this affiant to take the contract of any person who did not claim to be a lineal descendant of an Indian entitled to lands under the treaty of 1830. Affiant further states that he has taken no contracts with full-blood negroes; that until within the last six weeks neither Crews nor Cantwell had any knowledge of the large number of persons with negro blood in Mississippi claiming such rights, although Mr. Cantwell had stated to this affiant that he did not regard the presence of negro blood as a sufficient bar to destroy the legal right of one wIjo had undoubted Indian blood and is an undoubted de- scendant of an Indian claiming rights under the treaty of 1830, although Mr. Cantwell had stated to this affiant on several occasions that the fact that one had negro blood would make it very difficult to establish the heirship. This 150 INDIAN APPEOPEIATION BILL, 1917. affiant states tliat out of over 4,000 contracts taken, there are not more than 20 per cent who have any negro blood vchatever. Affiant' further states that in consideration of the sum of $2,400 paid him in cash, he has relinquished and conveyed to Crews & Oantwell all his contingent right in the fees in the contracts above referred to, and hereby cancels said con- tract; and that this affiant has no further financial interest in the fees or the. contracts made in the name of Crews & Cantwell. Affiant further states that he has not heretofore assigned his right to a contingent interest in the fees aforesaid to anyone. A. P. Powell. Subscribed and sworn to before me this 6th day of November, 1911. (My term expires June 3, 1913.) [SEAL.] Sakah M. Hawley, 'Notary PuUic. Exhibit D. Jackson, Miss., April 27, 1911. Alex. P. Powell, being first duly sworn by Special United States Indian Agent W. W. McConihe, deposes and says as follows : I reside at Homer, Okla. My present occupation is getting up claims among the Choctaw and Chickasaw Indians and their descendants who remained in Mississippi after the Dancing Rabbitt Creek treaty of 1830. I was first em- ployed by Crews & Cantwell, of St. I^ouis, Mo. I went before the Committee of Indian Affairs in Congress at Washington, April 2, 1910, and they gave me a hearing on the claims of these Indians. Mr. Henry J. Cantwell was present at the hearing, and after I got through my talk with the committee Cantwell came to me and asked me how much money I wanted to take the claims in Missis- sippi. I said it would take at least $5,000. Cantwell wired S. L. Hulbert, of El Gampo, Tex. to come to Washington at once. Hulbert came to Washington and arranged with Cantwell, and Hulbert guaranteed to put up $5,000 for get-: ting the work of the applications. I first opened an office at 315 Farisli Street, Jackson, Bliss., and began to take applications. I put an advertisement in the paper at Jackson inviting all per- sons who were descendants of the Choctaw-Chickasaws under the treaty of 1830 to appear before me and make proof of their rights and descent. I took about 700 applications at Jackson and made no charges to the applicants there- for. I next went to Bay St. Louis and opened an office there near the railroad- depot and put an advertisement in the Sea Coast Echo of that city, being the same as I put in the papers at other places. I took about 4,000 applications and made no charge for them. After the 4,000 were registered more applications came in and I charged them $1.25 each. I made this charge because the money that had been advanced by Crews, Cantwell, and Hulbert was exhausted, and they refused to put up any more money for taking applications. This charge by me was to cover expenses of continuing the work of getting applica- tions. I sent all these claims that I was making a charge for to Crews & Cantwell. I went from Bay St. Louis to Washington to see Mr. Cantwell and tried to get Hulbert to put up more money and Hulbert notified me at Jackson, Miss., that he had put up $7,000, and that we had to take proof of the same, and he was willing to put up the $7,000, for that purpose. He has not put it up yet. We went to Columbia, Miss., and took about 100 applications there. The contracts that we wrote there were made in the name of William D. Matthews, of Washington, D. C. I have associated myself with Matthews for the reason that Crews & Cantwell said that they had enough claims, and that Hulbert would not put up any more money for claims. My agreement was made with Matthews that he was to appear before the committee of Congress with me, a-nd our contract with the applicants was for 20 per cent of all amounts recovered and not for 30 per cent as was printed in the contract, which is an error and which has been corrected in the written applications. I went to Montlcello and took applications for Crews & Cantwell and charged $2.50 each there. I took aliout 100 names there. I took a few names at Biloxl and charged $1.25 for each applicant there. These claims were for Crews & Cant- well. I also visited Meridian and took about 88 applications there for Crews & Cantwell, but for which no charge was made. I have taken no applications for Crews & Cantwell since my association with Matthews. IXDIAN APPKOPHIATION BILL, 1917. 151 I am working at Philadelphia, Miss., now and liave taken about 100 appli- cations for Matthews and am charging $2.50, and the applicants are very will- ing to pay the amount. I am making this charge because Matthews has put up no money for me and my expenses, and I have to use the money to pay for my clerk hire, office rent, and other expenses in connection with (he work of taking applications. Blr. Luke Conerly is employed by me at McCoMb City, Miss., to get appli- cations. He charges each applicant $11.50. I get a dollar out of this $2.ri0 for my expenses and the printing of blanks which I furnish him. I have paiit expenses of Conerly out of this mone.y when he was traveling, board bill, telegraphing, and other incidental expenses he has incurred. No one is working for me in Oklahoma or Arkansas. I do not know .T. Eu- banks, and he is not associated with me in any way in the work I am doing. I have never at any time, or to any person, said that I was a Government official in any respect. I have only represented that I am acting and represent- ing my people before Congress, and I am getting up these claims for that purpose. When at Jackson in June, 1910, I had a circular sent out and meant to say- that I was a representative of my tribe and obtaining applicants for their rights as Choctaws and Chickasaws, but by an error my clerk said that I was a practicing attorney before the committees of Congress. That was not my intention to have it so stated, and I am not responsible for the error. The contract forms used by me were worded and made up by Crews and Cantwell, and I am not responsible for anything in such wording. I, Alec P. Powell, do solemnly swear that the foregoing statement was made voluntarily by me, and that it is true in every respect to the best of my knowledge and belief. AiEXANDEB P. Powell. Sworn to and subscribed before me this 27th day of April, 1911, at Jackson, Miss. W. W. McCONIHE, Special United States Indian Agent. Prank B. Lemlt, Jackson, Miss. Exhibit B. mississippi choctaw contbact. This agreement, made this 5th day of September, 1910, by and between Louis Joseph Ryan, now residing at the town of Biloxi, in the county of Harrison, State of Mississippi, party of the first part, and Thomas B. Crews and Harry J. Cantwell, jointly, parties of the second part, witnesseth : That, whereas the party of the first part is entitled, as a Mississippi Choctaw or as a descendant of a Mississippi Choctaw, under the laws of the United States, to certain rights in the distribution of the tribal property of the Choc- taw-Chickasaw Indian Tribe in Oklahoma; and. Whereas the party of the first part has been heretofore denied enrollment or has had no opportunity to make application for proper enrollment in said rolls as a Mississippi Choctaw; and Whereas It is necessary that the party of the first part shall secure the law- ful professional services of attorneys for the purpose of presenting such evi- dence as the party of the first part may have of his status and right as a Mississippi Choctaw or a descendant of a Mississippi Choctaw, so entitled to the rights aforesaid, and for other necessary legal service in establishing and securing his rights in the premises ; and ■Whereas the party of the first part is without any means or funds to com- pensate such attorneys and counsel : Now, therefore, the premises considered, the parties of the second part Jointly agree: First. To represent the party of the first part as attorneys and counsel In pre- senting to the Interior Department such lawful evidence as the party of the first part may collect to establish the facts of his pedigree and status, and such other facts as may be necessary to establish the right claimed. Second. To represent as attorneys the party of the first part in all legal pro- ceedings before any court, commission, or department of the Government of the 152 INDIAN APPEOPEIATION BILL, 1917. United States or the State of Oklahoma, wherever and whenever such right may be properly and legally tried. Third. To present before the committees of Congress proper legal argument in support of the right so claimed or in support of any measure tending to pro- vide a remedy for the right so claimed. Fourth. To furnish party of the first part necessary information for the pur- pose of enabling him to select to the best advantage any lands that he may be entitled to by reason of said right. Fifth. To collect all sums of money, lands, and property that may properly be collected, selected, and received hereafter by reason of said right, and to faithfully pay over and account to said party of the first part for all such sums of money and property after deducting the compensation hereinafter pro- vided for. In consideration of the premises and the agreement of the parties of the second part as aforesaid, and of services heretofore rendered by them, the party of the first part contracts and agrees to pay and assign, transfer, and convey to the parties of the second part 30 per cent of all sums of money, lands, and property that may be received by reason of the right claimed, and hereby irrevocably appoints the parties of the second part his true and lawful attorneys in fact, to do any and all acts in his name, place, and stead as fully and com- pletely as he might do in person In and about the subject matter of this agree- ment, and to execute such receipts, discharges, and releases as the party of the first part might lawfully do, hereby ratifying and confirming all that his said attorneys in fact and in law may do in the premises. The party of the first part hereby revokes all powers of attorney, if any, here- tofore made by him to any person or persons whomsoever, touching said rights or interests, and requests that the Interior Department of the United States recognize the parties of the second part as his exclusive agents and attorneys in the premises. And it is hereby specifically agreed that the appointment herein of Thomas B. Crews and Harry J. Cantwell is joint, and that in the event of the death of either the survivor shall succeed to all rights and benefits of this agreement, and shall perform all of the duties hereunder. It is further agreed that by reason of the legal services rendered prior to and at the signing of this agreement, in advising the party of the first part as to his legal rights, and in consideration of the services heretofore rendered by A. P. Powell before the committees of Congress in presenting the claims of the class of persons to which the party of the first part belongs, said parties of the second part having compensated said A. P. Powell therefor, and in further consideration of the absolute agreement herein of the parties of the second part to perform the services herein, that the powers herein granted are powers coupled with an interest; and it is agreed that the parties of the second part may jointly designate, substitute, and appoint, in writing, any competent attor- ney or attorneys at law to assist in the performance of the duties of the parties of the second part hereunder, and to clothe said person or persons with all the powers herein granted to the parties of the second part, the parties of the sec- ond part hereby guaranteeing the efficiency and integrity of anv and all per- sons who may be thus appointed, it being distinctly understood "that the com- pensation of such persons for such assistance shall not be paid bv the party of the first part. It is further understood and agreed that, in the event it becomes necessary under any law now existing or hereafter enacted, that this contract shall be approved by the Secretary of the Interior ; then, in that event, the Secretary of the Interior may, in his discretion, modify the terms of this contract as to the compensation to be paid the parties of the second part, without invalidating this contract, and said contract as modified by said Secretarv of the Interior shall be binding upon the parties hereto, provided always that the compensa- tion fixed by the Secretary of the Interior shall in no event exceed the per- centage above stated. Executed in duplicate. In witness whereof the parties hereto have hereunto set their hands the day and year first above written. Signed and delivered in presence of: INDIAN APPEOPEIATION BILL, 1911. 153 State of , County of , ss : Before me, , a , in and for said countv and State, on this day of , 191—, personally appeared and , to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that executed the same as free and voluntary act and deed for the uses and purposes therein set forth. In witness whereof I have hereunto set my hand and official seal at said county the day and year last above written. Exhibit J. To whom it may concern: This is to certify that I, Alexander P. Powell, a representative of the Choc- taw Tribe of Indians now engaged in soliciting contracts with Mississippi Choctaws for services to be rendered in prosecuting their claim before the different branches of the Government, in order to secure for them a reopening of the rolls of those entitled to share in the tribal property belonging to the Choctaw Tribe in the State of Oklahoma, am acting in my individual capacity and for the benefit of myself and those associated with me in this effort to secure the right of said Indians in said property. I further certify that I am in no manner employed or engaged by the United States Government to solicit any contract with said Indians or perform any duty in c6nnection therein. Respectfully, Alexander P. Powell. notice to INDIANS. This is your last chance in connection with William B. JIathews. attorney at law, Evans Building, Washington, D. C. I am engaged in writing up claims of all Mississippi Choctaws and their descendants who remained in IMississippi after Dancing Rabbit Creek treaty with the United States Government in 1830. I will remain here for a few days only ; I will be glad to write up all bene- ficiaries ; we intend to submit all claims to the Sixty-second Congress, which convenes in Washington, D. C, April 4, 1911. I am Indian and Spaniard, and my grandfather was a signer of the great treaty concluded September 27, 1830. Alexander P. Powell. Philadelphia, Miss. notice to INDIANS AND THBIB DESCENDANTS IN CONNECTION WITH HON. HAKEY PEYTON, ROOM 420 BOND BUILDING, WASHINGTON, D. C. ' This is your last chance to secure benefits under the bill introduced by Hon. Pat Harrison, of the sixth district of Mississippi, now pending before the Sixty-second Congress, for the relief of Mississippi Choctaws and their descend- ants who remained in Mississippi after the treaty of 1830. I am an Indian and a Spaniard and my grandfather was a signer of the treaty of 1830. I will be glad to write up all beneficiaries, and I have in my possession a record that will enable you to trace your ancestors back to 1780. Those with negro blood need not apply. I will be at Miss., on the day of . 1912. Alexander P. Powell, 'Ho. 106 Fourth Avenue, Laurel, Miss. Office: Room Ji20, Bond Building, Washington, D.'G. (This paper was sent to Indian Office by Mrs. Viola Strickland, of Meridian, Miss., No. 1400 Tenth Avenue, under date of Sept. 16, 1912. ) THIS IS YOUB LAST CHANCE NOTICE TO THE ONCE MIGHTY TRIBE OF RED MEN WHO ONCE OWNED THIS COUNTRY AA'U TO THEIR DESCENDANTS. In connection with Hon. Harry Peyton, room 408, and Hon. Oliver A. Phelps, room 619, Bond Building, Washington, D. C, I am still engaged in writing up all Mississippi Choctaws and their descendants who remained in 154 INDIAN APPEOPEIATION BILL, 1917. Mississippi after the Dancing Rabbit Creek treaty witb the United States' Government, concluded September 27, 1830. „ The treaty of 1830, laiown as the treaty of " Perpetual friendship, pro- vides that the Indian Territory shall go to the red man and his descendants " as long as water runs and grass grows." The treaty, furthermore, provided that our descendants that did not see fit to go to the Territory then, at_ any time that they may take a notion to come on and join the tribe in the Territory they shall share in this distribution as long " as water runs and grass grows." If your ancestors were born east of the Mississippi River, call on me. It iS' possible that some of them may have been at the treaty mentioned above. I am an Indian and a Spaniard, and my grandfather, Nita, was a signer of the treaty of 1830. I have in my possession a record of the old aboriginal that will permit you to trace your Indian ancaetry back as far as 1780. All Mississippi Choctaw cases are now pending before Committee on Indian Affairs, Sixty-third Congress, first session, waiting for report and decision. I will be glad to write up all beneficiaries. Those with negro blood- need not apply. I will be at W. .1. Nelson's, 802 Second Street, Lake Charles, La., on Sep-' tember 5. Alexander P. Powell. NOTICE TO MISSISSIPPI CHOCTAWS. In connection with Harry J. Cantwell, Thomas L. Crews, and William B. Matthews, attorneys of AYashington, D. C, I am still engaged In writing up claims for the Choctaw-Chickasaw Indians and their descendants who remained in Mississippi after the Dancing Rabbit Creek treaty with the United States Government. I am a member of the Choctaw Tribe' of Indians, and my grand- father was a signer of the great treaty made September 27, 1830. I will be glad to communicate with any beneficiary at my oflice in Bay St. Louis, Miss. A. P. Powell, Seahrook Hotel, Bay St. Louis, Miss. " INDIANS " LIVING IN OLD MISSISSIPPI. "All Mississippi Choctaw Indians and their descendants are asked to meet at' the county courthouse next Sunday afternoon at 2 o'clock. The object of the meeting is to further the rights contained in the treaty of 1830 between the United States and Choctaws. (Biloxi Herald.)" To which is answered : Such a meeting as is scheduled as per the above would be " nuts " for some moving-picture company, provided such meeting is attended by all the people who have filed claims as descendants of the tribe of red men known as Choctaws. They are of all shades and color, running from the real Indian to the coal-black, thick-lipped, flat-nosed, kinky-headed negro, with a good sprinkling of whites, in whose veins no one but themselves ever suspected that a drop of Indian blood flowed. But anything goes in this day and generation when the thought of " easy money " presents itself. Uncle Sam's coffers will scarcely be opened for the motley crew, however just may be the claims of some of the pure-bred Choctaws. (Gulf Coast Progress.) HOUSTON INVBSTOBS MAT GET MILLIONS FROM INDIAN CLAIM. A Houston organization, in which more than $2,500,000 is at stake and the hereditary rights of the Choctaw Tribe of Mississippi is the merchandise, has received quite a boost in a telegram received by Judge Harris Masterson. Many Houstonians are interested In the enterprise. The telegram reads as follows : " Subcommittee report of Friday last was unanimous and recommends admis- sion of all full bloods, also all others who can prove descent from one who either received or should have received patent under fourteenth article treaty of 1830. Meetings are executive and no arguments being heard." To those who are not interested in the venture the telegram needs interpre- tation. It comes from Washington and has to do with a bill introduced by Mr. Harrison, of Mississippi, in behalf of the admission to enrollment of tjie Mississippi Choctaw Indians and their descendants to participation in the money and lands belonging to the Choctaw Tribe, 1917. 155 Some time ago Judge Masterson was instrumental in forming an organization to urge the claim of the Choctaw Tribe in a participation of certain lands in the Territories and moneys in the United States Treasury. Many of these Indians were his clients. Going rather deeply into the matter he banded over 4,000 of these claimants together and became tlieir representative and legal adviser. Money was needed to carry the enterprise through, and a company was formed. Between 50 and 60 men came into the company, and many of these are prominent Houstonians. Judge Masterson says that the venture is one which promises tremendous returns for the amount invested by the stockholders and that he is confident Congress will give assent to the recommendations of the subcommittee. WOTOD KESTOEE CHOI^TAW ISDIAN PENSION BILLS. r Associated Press. 1 Washington, Deceniher 13. Tlie bill introduced in the House last , session by Representative Harrison, providing reopening of rolls of the Chickasaw-Choctaw Indian Tribes, came up for consideration in the House yesterday. A vote was not readied. In his speech in favor of the bill IMr. Harrison said, in part : " The Mississippi Choctaws have been woefully neglected and unmercifully treated. They acquired rights under the fourteenth article of tlie treaty of 1830 that the United States Government has never fairly and justly recosnized. Every act of Congress passed with respect to the Mississippi Choctaws has violated the spirit and the letter of that article of the treaty. " The Oklahoma Choctaws were permitted by act of Congress in 1881 to sue^ the United States Government, in which suit they recovered from the Govern- ment $8,000,000 for damages done to the Mississippi Choctaws in Mississippi. Scheming attorneys, representing the tribe, dictate agreements, suggest, lobby for, and have passed laws that not only make it impossible for the Mississippi Choctaws to be enrolled upon tribal rolls, but through their influence they have actually created courts to prevent or exclude the Mississippi Choctaws from being enrolled. One of the blackest spots in the history of the administration of the Choctaw Nation is the escapades practiced in the citizenship court. " The Mississippi Choctaw is a part of that great Indian nation which never raised a tomahawk against an American citizen. Thousands of her warriors displayed their heroism under Jackson at New Orleans." FAlexander P Powell representative Mississippi Choctaw Indians ; office, room 408, Bond Building, Washington, D. C. ; 331 Pine Street, Laurel, Miss.] Shbe\t5pokt, La., Ovfohcr 28, 1913. Mr. Columbus 0\'erjian, Beater. Kans. Dear Sir : Yours of recent date to hand. Beg to advise that I have already written up a niimber of your relatives under their great-great-grandmother Delilah, who was an Indian woman, and if you wish to be written up, on receipt of $2.50, which I require for recording fee, etc., I will send you blanks to be filled out. I do not charge you any fee, but when I collect for you I get 20 per cent of collections. I am also inclo.sing you a Pat Harrison bUl and other literature and you can see for yourself how tlie case stands. Yours truly, Alexander P. Powell. . 1913. Hon. Alexander P. Powell, Dear Sir : Being a Choctaw descendant and desiring to make application for compensation for the violation of my rights under the treaty of 1830, between the Choctaw Nation and the United States Government, and being unable to go to your office for that pui-pose, I do hereby request that you come at your earliest convenience to , my place of residence, for that purpose, and I agree to reimburse you tJie .necessary expense of your trip to and from said place, provided tlie same shall not exceed the sum of $2.50. Witness : 156 IJJDIAN APPEOPBIATION BILL, 1917. MEMORANDUM OF EVIDENCE. In the matter of . Mississipi Clioctaws. Full name, Post-office address, . When and where were you born? . Is there any official record of your birth or baptism? If so, state where. Father's name, . If living, state post-office address. If dead, state date and place of his death. Mother's maiden name. If living, state post-office address. . If dead, state date and place of her death. . When and where were your parents married? . Is there any record of the marriage? If so, state where. . What was the name of your father's father? . When did he die, and where? . What was the name of your father's mother? . When and where did she die ? . What was the name of your mother's father ? . When and where did he die? . What was the name of your mother's mother? . When and where did she die? . What is the name of ancestors who received land or script under the treaty of 1830? How can you prove your descent from him or her? Give name and address of all witnesses as to your descent from such ancestor, and refer to all church records which can give any information. . Did you ever go to Oklahoma to mal^e application for enrollment on Choctaw rolls? . Have you ever made settlement on any lands in Oklahoma? If so, describe same. Where were you denied enrollment? Have you any documents proving your pedigree? Where are they? If so, attach or submit them. Are any of your relatives now on the rolls of the Choctaw? Give names of friends and neighbors who can testify to any matter of interest regarding your pedigree. Are any of your relatives now on tlie rolls of the Choctaw-Chickasaw Tribe as a Mississippi Choctaw? If so, give names and address and number on roll. . If you can, give a description of the land your ancestors received in Missis- sippi under the treaty of 1830. . State of Mississippi, ■ , County of . • , being duly sworn upon h — oath, deposes and says that the matters and things set forth in the foregoing statement are true to the best of h — knowledge and belief. Subscribed and sworn to before me this day of , 191 — •. , Notary Public. INDIAN APPEOPEIATION BILL, lOl"?. 157 Mr. Ferris. Now, the estimated expenses of collecting lie deducts, wMcli lie says will be $150,000, which leaves them the pitiful sum of $3,094,223. Mr. Snyder. He hasn't got it yet. Mr. Ferris. Not yet, and they never should get it. I know no committee will ever countenance such a performance as that for a minute, But he does do — they come before Congress and try to create doubt and confuse the minds of the Members so they will not do what they ought to do, give the Oklahoma people their money. Mr. Dill. Has he any contracts with these Indians that are pro- vided for in this bill ? Mr. Ferris. No. Mr. Dill. Then if this legislation passed he would not get anything ? Mr. Ferris. No. These are the regularly enrolled people that are to get this money direct. It is these outside people brought here by perjured convicts' testimony, witnesses who can neither read or write, without conscience, soul, or decency to tell the truth on any subject, that he has contracts with. Mr. Harrison. Do they represent any Indians already identified by the Dawes Commission or by McKinnon ? I do not think they do. Mr. Ferris. They say they do. I have it right here. Let me read what they say. They claim to represent over 2,000 indigent Indians. Mr. Carter. Let me ask the gentlemen, did Mr. BaUinger state in his testimony that he represented those people ? Mr. Ferris. Let me pause long enough to say that I do not at- tempt to throw the shghtest shadow upon the distinguished and able gentleman from Mississippi or any of his people. They are warm- hearted, lovable people, and would not do a wrong if they knew it. And I know the gentleman from Mississippi does not approve of this performance; but let me urge of him, in deference to his good name, and in deference to his ability, honor, and standing in this House, if he does not think he is treading Oii awfuUv dangerous ground to be continually fighting in the same trench with this band of wolves and hyenas that would rob our people of the last dollar they had ? And I say to you, Mr. Chairman, that the Oklahoma Indians will never have a moment's peace as long as they have a mite to their names or a dollar in their pocket but what some attorney will be trying to filch and rob them of it. And I think that a people who for nearly 100 years have been faithful, law-abiding citizens, who have served both in the Army of the Union and in the Rebellion, that it is time they have their peace and be free from this persecution, and the only way to do it, my friends, is to give them their money that they are entitled to. Do you know, gentlemen of the committee, that at the time Congressman Carter and Senator Owen came to the Congress they could not sell their own lands? The Indians of the Five Civilized Tribes have been, most of them, well educated for 50 years, and it is very humiliating to them. It is wrong. This provision ought to be rewritten, and it ought to direct the Secretary of the Interior to do exactly what the Atoka agreement says they wiU do and give them every cent of their money. That is what ought to be done. The Atoka agreement, which caused the Indians to let the white 158 INDIAN APPEOPEIATION BILL, 1917. settlers come in there — they only agreed to the Atoka treaty when Congress agreed to distribute their money when it was paid in. The Curtis bill which vitalized this — I have it here— carried a pro- vision — section 17, as I recall — directing that within a year after the money was collected it should be distributed to them. It is their money. We do not ask, as I am informed in the language in the bin, that we are fearful that there may be some of our own people that will need something later on; but, gentlemen, we do ask that this payment be made, and if it is changed at all it ought to be increased. I know it is not your wish that these Indians suffer longer. I want to say to my friend, Mr. Harrison, that the Indians of Oklahoma for nearly 100 years beckoned to his people to come over to Oklahoma and help build up that new State, but they remained behind. They would not come, and they will not come now. He -does not propose to have them come. He is not in favor of having them come now. He wants to lug some of the money from our Indians who went out on the frontier and took the hardships back to Mississippi and give it to his own people, so that they in tm-n oan give 40 per cent of it to these attorneys. Mr. Haekison. The gentleman is mistaken about my wanting to give it to the attorneys. I think you can write a provision in there that will prevent that. Mr. Ferris. That is iridescent dream, like ships that pass in the night. We have tried to choke off these attorneys before and have failed. They are getting fees all the time at the Indian Office that they would not get if we could stop it. Now just let me say three or four words more. Four Secretaries of the Interior have said that these people shall not be enrolled while they live in Mississippi; that they are not entitled to be enrolled under the law or the facts. The Federal court said the same thing; the Supreme Court said it when they dismissed their case on their own motion. When the appellant dismisses his own case he assumes and accepts the judgment of the Federal court, as he did in this case, :and it becomes a final judgment just as effectually as though the court had rendered a decision. Mr. Harrison. Isn't it purely a question of jurisdiction? Mr. Ferris. No; the appellants dismissed their own case. The iippellants, I repeat, dismissed their own case. The attorneys for the appellants dismissed their case. Mr. Harbison. That is very true, but the court held they did not go into the merits of the proposition. Mr. Ferris. Of course they did not, because the attorneys for the appellants did not give them a chance to, and as Congress also said Judge Clayton, the Federal judge, had final jurisdiction. I repeat, four Secretaries of the Interior have held that these people hud no rights, beginning with James Rudolph Garfield, Sedretary of the Interior when I came to Congress: later Mr. Ballinger, who was the next Secretary, and later Walter Fisher, and next Sec- retary Lane, who is the present Secretary, in the strongest kind of a letter last year and cigain this year. The Chairman. Didn't Secretary Hitchcock also pass on this Kijuestion? INDIAN APPKOPKIATION BILL, 1917. 159 Mr. Fereis. Perhaps he did, but that was before I came to Con- gress. And Conp'ress itself, by the solemn act of April 27, 1906, says these rolls shall be fore/er closed Maich 4, 1906. Is there no time when these people cari have their peace ? Is there no time that these people can be through trying this fourteenth article ? Now I beg your pardon for taking so much of your tmie. I have all the records here and would like to go over them with you. Mr. Carter. How long were these rolls held open for the Missis- sippi Choctaws ? Mr. Ferris. From 1830 up until 1890 every Indian who came from Mississippi was enrolled. There is no question about that at all, for that period of 60 years, and then from. 1890 to 1907, a period of. 17 years, there was a body created by Congress to determine who should and who should not be enrolled. Now will you gentlemen, after 60 years of the rolls being free and easy and absolutely open, and after 17 years of holding them open as a judicial body to pass upon it, will you yet hold these rolls open longer ? And more tnan that, will you continue to hold the money 'away from the Indians that Congress has solemnly agreed to give them ? Mr. Carter. Let me ask another question. What time was nec- essary for a native Choctaw to be on the reservation in order to be enrolled ? Mr. Ferris. I have not that in mind. Mr. Carter. It was June 28, 1898. How much time after that could the Mississippi Choctaw come upon the reservation and be enrolled ? Mr. Ferris. He was given the first six months and a year after that. - Mr. Carter. Until March 4, 1907. Mr. Ferris. He was given to the 4th of March 1907 ? ' Mr. Carter. Yes. . Mr. Dill. How long has this money it is proposed to pay to these Indians been available for payment ? Mr. Thompson. The money is available — perhaps not all of it yet. There are several million doUars here now available for payment. Mr. Dill. How long is the money that is proposed to be paid by this legislation been available ? Mr. Ferris. Some 9 or 10 years. Mr. Dill. Has it been drawing interest ? ' Mr. Ferris. Yes; part of it has, and part of it has not. I also 'desire to incorporate the report of Secretary Lane on this same propo- .sition last year. EBPORT OF THE SECRETARY OF THE INTERIOR ON THE HARRISON BILL (h. R. 1258e). The Secretary of the Interior, Washington, January 8, 1915. ' My Dear Mr. Stephens: I have the honor to refer herein to a communication of August 12 1914 from Hon. C. D. Cart«r, then acting chairman of the Committee on Indian Affairs of the House of Bepresentatives, with which was inclosed a copy of H R 12586, entitled "A bill to reopen the rolls of the Choctaw-Chickasaw Tribe and to provide for the awarding of the rights secured to certain persons by the foiirteenth article of the treaty of Dancing Rabbit Creek, of date of September 27, 1830 He also referred, to H. R. 4536 ajid requested that I consider the two bills together and make a report thereon. .,,.„... ^. , -ii tt -d iootq Upon examination of H. R. 4536 I find that said bill is identical with H. R. 19213, introduced by Mr. Harrison of Mississippi in the Sixty-second Congress, second ses- sion upon which last-mentioned bill the department submitted to your committee a 160 INDIAN APPBOPEIATION BILL, 1917. report dated July 2, 1912. H. R. 12586, introduced in the present Congress by Mr. Harrison, is a similar bill to the above-mentioned bills, except that in said H. R. 12586 an additional paragraph is included in section 2 to provide for the enrollment of all persons who were identified as Mississippi Choctaws by the Dawes Commission in its report of March 10, 1899, commonly known as the McKennon roll, and of all persons identified as Mississippi Choctaws by the Dawes Commission from March 10, 1899, to March 4, 1907, whose identification was approved by the Secretary of the Interior, but whose names did not appear on the final citizenship rolls of the Choctaw and Chickasaw Nations. The claims of Mississippi Choctaw Indians to recognition as citizens of the Choctaw Nation of Oklahoma and to share in the property of said nation are based upon article 14 of the treaty of September 27, 1830 (7 Stat., L. 335). Pursuant to the terms of the treaty, a large number of Choctaws were transferred from Mississippi to the country west, later known as Indian Territory. These Choctaws who so removed and their descendants now constitute the main bod} of what is known as the Choctaw Nation. There were, howe%'er, a considerable number of Choctaws who remained behind in Mississippi, some of them under the provisions of article 14 above mentioned. Said article 14 provided that the persons who claimed thereunder should not lose the privilege of a Choctaw citizen, but if they ever removed were not to be entitled to any part of the Choctaw annuity. The Indians who remained behind under the provisions of said article 14 received either land in Mississippi or scrip, which gave the applicants the right to enter public lands in certain Southern States. A part of said scrip, however, was later commuted by amoney payment. Some of the fourteenth- article claimants later mads their way West and joined the main body of the tribe in the Indian Territory. The Choctaw Council by various acts recognized the right of said absentee Mississippi Choctaws to remove to the Nation, and actually invited them to do so. Under the provisions of the Atoka agreement with the Choctaw and Chickasaw Tribes contained in the act of Congress of June 28, 1898 (30 Stat. L., 495), the supple- mental agreement contained in the act of July 1, 1902 (32 Stat. L., 641), and later acts of Congress for the purpose of carrying out the provisions of said agreements, the claims of individual Mississippi Choctaw Indians to be identified and to be enrolled as entitled to share in the property of the Choctaw Nation were fully considered by the Commission to the Five Civilized Tribes and by the department after full hearing, at which the claimants had ample opportunity to present all the evidence which they could procure in support of their claims. Very few claimants were able to prove descent from an ancestor who received or applied for benefits under the provisions of article 14 of the treaty of 1830. The history of the Dawes Commission enrollment work relative to Mississippi Choctaw claimants is very fully set out in a communication of April 14, 1914, from Villiam O. Beall, at one time secretary of the commission to the Five Civilized Tribes. A copy thereof is inclosed for your information. For your further information as to the history of the Mississippi Choctaw claims and of the department action in the preparation of the final rolls there is inclosed a copy of department letter of July 2, 1912, to the chairman of the Committee on Indian Affairs of the House of Representatives. Judge William H. H. Clayton in his decision in the case of Jack Amos v. The Choctaw Nation, a copy of which may be found in the appendix of the annual report of the Commission to the Five Civilized Tribes for the fiscal year ended June 30, 1901, said that no treaty or acts of the Choctaw Council or of any ofiicer of the Choctaw Council since the treaty of 1830 could be cited, or at least he had not found them, whereby a,ny right or privilege had been conferred, granted, or recognized in or to a Mississippi Choctaw so long as he remained away from his people, and that no right was recognized or conferred upon such absent Indian except upon the condition that he should remove to the nation, and the right was not to be consummated or enjoyed until actual removal. Mississippi Chootaw Indians who, while the opportunity was theirs under the privileges accorded them refused to emigrate with the tribe to the new country west, and who never shared in the burdens and hardships of the pioneer life incident to the establishment of the new tribal government west of the Mississippi, have at this late date (now that the tribal property of the Choctaw Nation made valuable by the emi- grants is being divided per capita among the enrolled lecognized citizens of the nation) no equitable risht to share in said property. _ With respect to the persons who were identified by the Dawes Commission as Mis- sissippi Choctaws under the provisions of the act of Congress of June 28, 1898 (30 Stat. L., 495), but who failed to remove and make settlement in the Choctaw-Chickasaw INDIAN APPEOPBIATION BILL, 1917. 161 country, as required by the act of Congress of July 1, 1902 (32 Stat. L. , 641, sees. 41, 42, 43, and 44), it may be said that, irrespective of their unfortunate condition of poverty and ignorance, _ there is no ground, legal or equitable, for holding the Choctaw and Chickasaw Nations responsible for the failure of said identified persons to comply with the law as to removal and settlement. No obligation rested upon the United States to provide means for the removal of such Indians. Referring to the class of claimants whose names were contained in an identification roll submitted by the Commission to the I ive Civilized Tribes on March 10, 1899, but never approved by the Secretary of the Interior, your attention is invited to the fact that the commission soon recognized the inaccuracy and incompleteness of that roll and requested the department to disregard it and to return the same to the commission. In order that there might be no doubt as to the standing of said roll, it was disapproved by the department on March 1 , 1907. The larger part of the persons whose names were contained in that disapproved roll were afterwards placed on the approved identi- fication rolls, and those who complied with the law as to removal and settlement were enrolled on the flna,l rolls of Mississippi Choctaw Indians. In the investigation and examination of Mississippi Choctaw claims made in, 1900 and the years following by the Commission to the i- ive Civilized Tribes every effort that was possible to be made was made by said commission to reach all persons who had any equitable claim to recognition as Mississippi Choctaws, and especially to find thoge who were full-blood Choctaw Indians. H. R. 4536 and 12586 in effect provide, so far as the Mississippi Choctaw claimants are concerned, a general reopening of the rolls of the Choctaw Nation, necessitating a review of all the cases which had been adversely decided by the United States courts, the Department of the Interior, and the Choctaw and Chickasaw Citizenship Court, as well as the consideration of claims not heretofore presented or considered, and empower the Secretary of the Interior to determine the rights of the claimants upon such evidence as may be produced by the applicants, without regard to any adverse judgment or decision heretofore rendered by any court or commission to the Five Civilized Tribes, or the Department of the Interior, and without regard to any con- dition or disability heretofore imposed by any act of Congress. The records of the department show that Mississippi Choctaw claimants have been to an unusual extent the victims of numerous extortionate contracts, and the corres- pondence in many cases indicates that contracts were obtained through misrepresenta- tions as to the facts, and in some cases that such contracts were obtained from claim- ants who believed that the persons obtaining the contracts were Government agents. Your attention is invited to the report of Inspector McLaughlin, of this department, which report appears in print in the Congressional Record of July 10, 1914, commenc- ing on page 13022. Referring to section 9 of said bills, I am of the opinion that, in view of the large amount of tribal property yet to be disposed of and of other matters affecting the tribes, it would be inadvisable to abolish the tribal organization of the Choctaw and Chickasaw Nations at the present time. In view of the tacts as presented to me, I am of the opinion that no legislation should be enacted for the reopening of the rolls of the Choctaw Nation for the benefit of the Mississippi Choctaw claimants. Very truly, yours, Franklin K. Lane. Hon. John H. Stephens, Chairman Committee on Indian Affairs, House of Representatives. Secretary BaUinger on February 12, 1910, opposed the reopening of the rolls. Writing the .Senate Committee on Indian Affairs, he said: In conclusion, I am constrained to believe, and therefore recommend, that the rolls be not opened up, but that proper legal authority be given the Secretary of the Interior to place upon the rolls those Indians (about 52 in number) whose applications were approved by the Commissioner to the Five Civilized Tribes and were transmitted to Washington before the 4th of March, 1907, but did not reach the department until after the rolls were closed; and, furthermore, that proper authority be given the Secretary of the Interior to examine and place upon the rolls the minor orphan chil- dren incompetents, and Indians in incarceration whose claims were not presented m due time for adjudication. I am informed that this class numbers about 200. No 25134— PT 4—16—11 162 INDIAN APPKOPRIATION BILL, 1917. one seems to have taken the responsibility of presenting the claims of this class for consideration. They could not look after their own interests. (See S. Doc. JNo. ild9, 62d Cong., 3d sess.) Assistant Secretary Samuel Adams on July 2, 1912, reported against the enrollment of the Mississippi Choctaws. After reviewmg their case at length, he stated: "In fact, it may be urged by the tribes that responsibility if any, rested upon the United States instead," and concluded as follows: "In view of the fact stated above, I am of the opmion that the bill (referring to the Harrison bill to enroll the Mississippi Choctaws) should not be enacted into law." Assistant Commissioner of Indian Affairs Meritt, in recommending this payment while before the subcommittee on December 20, 1915, made the following statement : Inasmuch as a 1100 per capita payment was made to the enrolled members of the Chickasaw Nation under the act of August 1, 1914, at which time no payment was made to the enrolled members of the Choctaw Nation, it is therefore recommended that the enrolled members of the Choctaw Nation should be paid $100 per capita more than the amount provided for the enrolled members of the Chickasaw Nation. These payments would be made from the tribal funds belonging to the Choctaw and Chicka- saw Nations and would not be a tax on the Federal Treasury. STATEMENT OF HON. W. W. HASTINGS, REPRESENTATIVE IN CONGRESS FROM THE STATE OF OKLAHOMA. Mi\ Hastings. It is perfectly apparent, Mr. Chairman and gentle- men of the committee, that I can not go into any extended argument on this question of citizenship at this time. However, Mr. Ferris and Mr. Thompson have dealt with the question so elaborately that I think it entirely unnecessary. I might say to the committee, however, for the benefit of the record that I would like to ask in advance the privilege of inserting in the record an argument which I have prepared upon this question. The Chairman. Without objection it may be inserted. (The argument referred to is as foUows:) The question under consideration is not a difficult one, nor will it be necessary to consume much time in its discussion. It is proposed by this amendment to direct the Secretary of the Interior to pay to the enrolled members of the Choctaw Tribe, entitled under existing law, $200 per capita out of their own moneys, and the Chicka- saws |100 per capita out of their funds. They should be paid more — ^the Choctaws $300 and the Chickasaws $200 per capita. The statement of the Commissioner of Indian Affairs, found on pages 336 and 337 of the hearings before the committee, in justification of the item under consideration, shows that there is to the credit of the Choctaws tribal funds aggregating $7,432,353.24 and that there is to the credit of the Chickasaws tribal funds amounting to $1,922,110.48, or a total of $9,354,463.72 in both funds. The justification further invites attention to the additional property owned by the Chickasaw and Choctaw people, including unsold lands and other property. It is estimated that the entire value of their prop- erty approximates $31,503,954.95. There are 20,799 enrolled members of the Choctaw Tribe entitled to share in this distribution and 6,304 Chickasaws. A per capita payment of $100 was made to the members of the Chickasaw Tribe a little more than a year ago, which is the reason for the payment to the Choctaws now of $100 more than to the Chickasaws. The members of the two tribes have an undivided equal interest in and to the lands and funds of both tribes, being separated only for political purposes. A per capita payment of $200 to the Choctaws would aggregate $4,159,800, and $100 to the Chicka- eaws would amount to $630,400, and to both Choctaws and Chickasaws $4,790,200. Hence, it will clearly be seen that $300 could be paid to the Choctaws and $200 to the Chickasaws, which would only require $7,600,500, leaving a balance of $1,753,- 963.72 in the Treasury, in addition to more than $22,000,000 worth of property not converted into cash. INDIAN APPEOPEIATION BILL, 1917. 163 ■When the Dawes Commission was created by the act of March 3, 1893, the Choc- taw people had their own government with about as much sovereignty as a State of the Utiion. Tliey had their own constitution and laws, their own governor, their own courts, and their own legislature. They made, executed, and enforced their own laws, appropriated their own money, and conducted their own schools. Rail- roads were built tlu-ough the Indian Territory, towns sprang up, and white people from almost every State in the Union came among them. Finally, the Choctaws yielded to the pressure of the Government and signed a treaty at Atoka on April 23, 1897 (30 Stat., 495), providing in detail for the allotment of their lands among the enrolled members of the tribe, the making of the rolls, the disposition of town sites, tmd in fact an adjustment of all their relations with the Government of the United States. This agreement looked to the members of the Choctaw Nation becoming citizens of the United States and the creation of a State out of the lands held by the Five Civilized Tribes. The act of March 3, 1893 (27 Stat., 612, sec. 16), creating the Dawes Commission, stated that it was — "To enable the ultimate creation of a State or States of the Union which shall em- brace the lands within said Indian Territory." The members of the Choctaw Tribe accepted these promises and their lands' were allotted. Almost 19 years have elapsed since this treaty was ratified. A very large percentage of the Choctaws have died, but with the exception of a small per capita payment of $50, none of their moneys have been disturbed. The members of the Choctaw Tribe were allotted large areas of land . They had to build houses upon their allotments, clear up their fields, place fences along section lines, and otherwise im- prove their farms. They are greatly in need of a distribution o[ their own money, in order to accomplish these purposes. The Government can not justify itself in longer withholding a partial distribution. The supplemental agreement ratified by the act of July 1, 1902 (32 Stat., 641), section 1-1, promises a distribution of the moneys per capita (p. 391) among the mem- bers of the tribe, when their allotments should" be made and their property disposed of. They now have more than $9,000,000 to their credit, and certainly this amount should be distributed among their own members. There is really no argument what- ever against the distribution of tliis money, but every argument in its favor. One- fourth of the entire membership of the tribe is now dead and never received any part of their money. In my judgment, it is a legislative crime against them to longer with hold it. CITIZENSHIP QUEKTION. The only argument urged against the distribution of this money is that certain Mississippi Choctaw claimants to citizenship should be provided for, that the money hereinabove referred to as being Choctaw tribal funds, is a trust fund, and that the claimants to citizenship have some legal right thereto. It is to this question that I desire to address myself. Many Members of Congress and good lawyers throughout the United States do not understand the citizenship question among the Five Civilized Tribes. They think it is a question of inheritance. This is a mistake. It requires three things to con- ' Btitute citizenship in any of the Five Civilized Tribes: 1. You must be an Indian of the tribe by blood. 2. You must be a recognized enrolled member of the tribe. 3. You must be a resident of the tribe. A great many people think that it is only a question of blood. However, many people of Choctaw and Cherokee blood reside in numerous States throughout the Union, but they are not members of the tribe. They are not residents of the tribe, and even if they are of the full quantum of Indian blood they are not entitled to ■enrollment. This question has been decided by every court to which it has been presented. The promise of a patent by article 2, treaty of 1830 (7 Stat. L., 335), to the Chqctaws provided that the lands granted the Choctaws should be theirs "as long as they. exist as a nation and live on it. " "Art. 2. The United States, under a grant specially to be made by the President of the United States, shall cause to be conveyed to the Choctaw Nation a tract of country west of the Mississippi River, in fee simple to them and_ their descendents, to inure to them while they shall exist as a nation and live on it." And article 8 of said treaty is as follows: "In consideration of the provisions contained in the several ai tides of this treaty, the Choctaw Nation of Indians consent and hereby cede to the United States the • entire country they own and possess east of the Mississippi River; and they agree to 164 INDIAN APPKOPEIATION BILL; 1917. remove beyond the Mississippi River as early as practicable and will so arrange their removal that as many as possible of their people, not exceeding one-half of the whole number, shall depart during the falls of 1831 and 1832, the residue to follow during the succeeding fall of 1833; a better opportunity in this manner will be afforded the Government to extend to them the facilities and comforts which it is desirable should be extended in conveying them to their new homes." The patent executed by President Tyler in 1842 contained a similar provision, and is as follows: . . , . "That the United States of America, m consideration of the premises and in execu- tion of the agreement and stipulation in the aforesaid treaty, have given and granted and by these presents do give and grant unto the said Choctaw Nation the aforesaid 'tract of country west of the Mississippi' to have and to hold the same, with all the rights, privileges, immunities, and appurtenances of whatsoever nature thereunto belonging, as intended 'to be conveyed' by the aforesaid article, 'in fee simple to them and their descendants, to inure them, while they shall exist as a nation and live on it,' liable to no transfer or alienations, except to the United States or with their consent." , , , ^, Article 14 of the Choctaw treaty of 1830 (7 Stat. L., 335) gave the adult Choctaws who remained in Mississippi 640 acres of land, children over 10 years of age 320 acres, and children under 10 years of age 160 acres. They were made citizens of the United States and of the State of Mississippi. All could have accepted land and some did. They were recognized as citizens of the State under the laws of Mississippi. About 15 000 moved west under the treaty of 1830 and 4,180 remained. They could easily be identified up to 1842. Between 1838 and 1855, 3,400 moved to the Choctaw Nation and became members of the tribe. Congress later provided for a payment to those Mississippi Choctaws who remained behind, and 3,585 received scrip, entitling them to locate upon public lands in the States of Alabama, Arkansas, Louisiana, and Missis- sippi. This scrip was transferable and in lieu of the second half of the scrip. Congress appropriated and paid these Mississippi Choctaws $872,000, conditioned upon their first removing to the Choctaw Nation in the Indian Territory. When they removed, they could have remained there and have been identified as citizens of the Choctaw Nation; but with their removal from the Choctaw Nation they abandoned their citi- zenship, disconnected themselves from their tribe, and were no longer members of the tribe, aqd have no legal claim whatever to being enrolled as members of the tribe. The Choctaw Nation has dealt generously with these people, and up to the time when the lands were finally allotted, they voluntarily admitted all Indians of Choctaw blood as members of the tribe; but Congress insisted upon a termination of their tribal government and the allotment of their lands and a final settlement of their affairs. This could not be done without first settling the question as to who should be enrolled as members of the tribe. The act of June 28, 1898 (30 Stat., 495), section 21, empowered the Secretary of the Interior to make a final roll of the citizens of the Five Civilized Tribes; and another provision of this same section specifically authorized the commission to make a roll of those Mississippi Choctaws entitled to citizenship under the fourteenth article of the treaty of 1830. A provision in the Indian appropriation bill approved May 31, 1900, provided for the enrollment of the Mississippi Choctaws if they made bona fide settlement in the Choctaw Nation prior to the final approval of the rolls. Section 41 of the supplemental agreement with the Choctaws and Chickasaws approved July 1, 1902 (32 Stat., 641), provided for the enrollment of the Mississippi Choctaws at any time within six months after their identification as Mississippi Choctaws by making bona fide settlement within one year in the Choctaw Nation.; Section 21 of the act of June 28, 1898 (30 Stat., 495), contained a provision making the rolls final when approved by the Secretary of the Interior, as follows: "The rolls so made, when approved by the Secretary of the Interior, shall be final, and the persons whose names are found thereon, with their descendants thereafter bom to them, with such persons as may intermarry according to tribal laws, shall alone constitute the several tribes which they represent." The Indian appropriation bill approved March 3, 1901 (31 Stat., 1077), contained a provision making the rolls of the Dawes Commission of the Five Civilized 'Tribes final when approved by the Secretary of the Interior, as follows: "The rolls made by the Commission to the Five Civilized Tribes, when approved by the Secretary of the Interior, shall be final, and the persons whose names are found thereon shall alone constitute the several tribes which they represent. Section 2 of the act of April 26, 1906 (34 Stat., 138), provid.'^d that the rolls of the triba affected by this act shall be fully completed on or before the 4th day of March, 1907, INDIAN APPKOPBIATION BILL, 1917. 165 and the Secretary of the Interior shall have no jurisdiction to approve the enrollment of any person after said date, as follows: "Provided, That the rolls of the tribes affected by this act shall be fully completed on or before the fourth day of March, nineteen hundred and seven, and the Secretary of the Interior shall have no jurisdiction to approve the enrollment of any person after said date." It will be seen that the first Choctaw agreement was made in 1897, and ratified by an act of Congress approved June 28, 1898, and that the enrollment proceeded from that time in 1898, until March 4, 1907, or a period of about nine years, and that provision was made for the identification and enrollment of such Mississippi Choctaws who chose to remove and permanently locate and become citizens of the Choctaw Nation, later to be admitted as a part of the State of Oklahoma. Such Indians as availed them- selves of these provisions were enrolled. Those remaining in Mississippi were not enrolled. Now, those opposing this provision providing for a partial distribution of this money are attempting to assert that the Mississippi Choctaws and their descendants in the State of Mississippi are entitled to em'ollment as members of the Choctaw Tribe and to participate in the distribution of the money. Their contention is not tenable. Every court, commission, secretary, or committee investigating this question has decided against them. 1. The Supreme Court in the Eastern Cherokee case (117 U. S. 288) held that the North Carolina Cherokees could not live apart from their tribe and share in the benefits of the funds and common property of the tribe. The court, after reviewing the treaties relating to the same, concluded by saying: ' ' If Indians in that State (North Carolina) or in any other State east of the Mississippi wish to enjoy the benefits of the common property of the Cherokee Nation in whatever form it may exist they must, as held by the Court of Cla'mis, comply with the consti- tution and laws of the Cherokee Nation and be readmitted to citizenship as there provided. They can not live out of its territory, evade the obligations and burdens of citizenship, and at the same time enjoy the benefits of the funds and common property of the nation. Those funds and that property were dedicated by the con- stitution of the Cherokees and were intended by the treaties with the United States for the benefit of the united nation and not in any respect for those who had separated from it and become aliens to their nation. We can see no just ground on which the claim of the petitioners can rest in either of the funds held by the United States in trust for the Cherokee Nation." 2. The Dawes Commission in the Jack Amos case held that the Choctaws residing in Mississippi were not entitled to enrollment without removal to the Choctaw Nation as follows: "This historical review of the acquisition of this territory by the Choctaw Nation and its subsequent legal relations to it makes it clear, in the opinion of this commission, that the Mississippi Choctaws are not under their treaties entitled to all rights of Choctaw citizenship except an interest in the Choctaw annuities and still continue their residence and citizenship in Mississippi." (H. Doc. 274, 55th Cong., 2d sess.) 3. The Federal Court, through Judge Clayton, affirmed the decision of the Dawes Commission in the Jack Amos case and held that the Mississippi Choctaws residing out of the tribe.were not entitled to be enrolled : "In the third article of the treaty the Choctaws agreed to move all of their people within three years, and the United States intended that they should go. But by the fourteenth article of the tre&ty provisions were made whereby those who should decide to remain and become citizens of the State of Mississippi in the event that, because of the intolerance and persecutions of the whites which they themselves had so bitterly experienced, or for any other cause, they might become dissatisfied with their altered conditions and their new citizenship and desire to follow them to their new homes, and thereafter exercise with them in their own country the privileges of citizenship, they could do so except that they were not to participate ivith them in their annuities, the lands which they were to receive in Mississippi being deemed a compensation for that. "\rhen the fourteenth article of the treaty was framed the negotiating parties understood that the policy of the United States was that the Choctaws were to be reinoved. The Choctaws, in article 3, had just agreed that they should all go. The ink was not yet dry in article 2, whereby the condition was placed in this grant to the lands that thev were to live upon or they should be forfeited, and that no privilege of citizenship could be conferred or enjoyed outside of the territorial jurisdiction of their newly located nation. Undeistanding these conditions, the latter clause of article 14 was penned : 166 INDIAN APPEOPEIATION BILL, 1917. ' ' ' Persons who claim under this article shall not lose the privilege of a Choctaw citizen^ but if they ever remove— that is, if they ever place themselves on the land and within the jurisdiction of the nation whereby those privileges may become operative— are not to be entitled to any portion of the Choctaw annuity.' , "In other'words, if they ever remove, they are to enjoy all of the privileges of a Choc- taw citizen except that of participating in their annuities. If this be not the meamng to be attached to the word ' remove ' as used in the clause of the treaty under considera- tion, it must be meaningless. But in the interpretation of statutes it is the duty of the court to so interpret them as to give to every word a meaning, and in doing so it must , take into consideration the whole statute, its objects and purposes, the rights which are intended to be enforced , and the evil s intended to be remedied ; it may go to the history of the transaction about which the legislation is had and call to its aid all legitimate facts proven or of which the courts will take judicial notice in order to find the true meaning of the word as used in the statute. Of course, the same rule of interpretation applies to treaties. Adopting these rules in the tnterpietation of article 14 of the treaty of 1830-, I arrive at the conclusion that the 'piivilege of a Choctaw citizen' therem. reserved to those Ohoctaws who shall remain, thereby separating themselves, it may be forever, from their brethren and their Nation, becoming citizens of another sovereignty and aliens of their own, situated so that it would be impossible, while in Mississippi, to receive or enjoy any of the rights of Choctaw citizenship, was the right to renounce his allegiance to the Commonwealth of Mississippi, move upon the lands conveyed to him and his people, and there, the only spot ori earth where he could do so, renew his relations with his people and enjoy all of the privileges of a Choctaw citizen except to participate in the annuities. "As an evidence that the Choctaw people themselves took this view of the question attention is called to the fact that their council has passed many acts and resolutions inviting these absent Choctaws to move into their country, and on one occasion ap- propriated a considerable sum of money to assist them on their journey; and, until the past two or three years, have always promptly placed those who did return on the rolls of citizenship, but never enrolled an absent Choctaw as a citizen." (Cong. Rec, Jan. 8, 1915, vol. 52; pt. 2, pp. 1242-1245.) 4. An appeal was perfected to the Supreme Court of the United States and dis- missed by the appellants, (190 U. S., 873.) 5. Congress by section 2 of the act of April 26, 1906 (34 Stat., 137), with all the information before it, ordered the rolls closed. 6. Secretary BalUnger on February 12, 1910, opposed the reopening of the rolls. Writing the Senate Committee on Indian Affairs, lie said : "In conclusion, I am constrained to believe, and therefore recommend, that the rolls be not opened up, but that proper legal authority be §iven the Secretary of the Interior to place upon the rolls those Indians (about 52 in number) whose appli- cations were approved by the Commissioner to the Five Civilized Tribes and were transmitted to Washington before the 4th of March, 1907, but did not reach the depart- ment until after the rolls were closed; and, furthermore, that proper authoritjr be given the Secretary of the Interior to examine and place upon the rolls the minor orphan children, incompetents, and Indians in incarceration whose claims were not presented in due time for adjudication. I am informed that this class numbers about 200. No one seems to have taken the responsibility of presenting the claims of this class for consideration. They could not look after their own interests." (See S. Doc. No.. 1139, 62d Cong., 3d aess.) 7. Assistant Secretary Samuel Adams on July 2, 1912, reported against the enroll- ment of the Mississippi Choctaws. After reviewing their case at length, he stated: "In fact, it may be urged by the tribes that responsibility, if any, rested upon the United States instead," and concluded as follows: "In view of the fact stated above, I am of the opinion that the bill (referring to the Harrison bill to enroll the Mississippi Ohoctaws) should not be enacted into law." 8. The report of the subcommittee of the Indian Committee on January 2, 1915, reported against the reopening of the rolls in a lenghty report, (Report on H, R. 12586; Cong, Rec, Jan, 8, 1915, vol, 52, pt, 2, p, 1247,) 9. Senator Williams, on June 19, 1914, admitted on the floor of the Senate that the Mississippi Choctaws had no legal right to enrollment. On this date he said, as shown on page 10716 of the Congressional Record: I am not contending here that the Mississippi Choctaws, in the face of all that legislation and in the face of these decisions, have any right here that is enforceable in a court of law, but I am trying to get the legislative branch of this Government' to change that law which was enacted against them and construed against them." Continuing, Senator Williams says: " So far as the construction of the court was concerned, I hardly see how the Supreme Court .could have come to any other conclusion, * * * j am not talking now, INDIAN APPEOPEIATION BILL, 1917. 167 however— and I can not be thrown off the right scent— about what are their rights in court to-day. I am talking about what their rights ought to be." 10. The present Secretary ot the Interior, Hon. Franklin K. Lane, reported Jan- uary 8, 1915, against the reopening of the rolls and reviewed this entire question at length, concluding m the following language: "In view of the facts as presented to me, I am of the opinion that no legislation should be enacted for the reopening of the rolls of the Choctaw Nation for the benefit of the Mississippi Choctaw claimants." (Cong. Rec, vol. 52, pt. 2, p. 1246.) 11. Congress, by a provision in the Indian appropriation bill last year, IdIs, after extended hearings before the committee and after extended debate upon the floor of the House, provided for a partial distribution of this money in language similar to the provision in this bill. 12. The present Assistant Commissioner of Indian Affairs, before the House Indian Committee (hearings on the Indian appropriation bill, pp. 336, 337), recommended he provision providing for a par capita piyment to the Choctaws and Chickasaws. Thus you will see that the Choctaw people are asking not for money from the Government, but to have their own money paid them. Certamly this is a reasonable request. The Government promised it to them. It is theirs. They are in very great need of it. Many of them have long ago gone to their reward. Others are old and de- crepit and diseased. Congress should do justice to them and give them this money. Now, every person making an argument before the Indian Com- mittee and before Congress in favor of the enrollment of the Missis- sippi Choctaws, makes it admitting that the Mississippi Choctaws have no legal rights, makes it admitting that they did not remove to the Choctaw Nation, and makes it admitting that they are resi- dents of the State of Mississippi, are citizens of that State, and of the United States. Everyone must admit that the Choctaw Nation has been more than generous with them, and all must admit that all the Choctaws who removed to the Choctaw Nation and became bona fide settlers there before the rolls were closed and remained there, were enrolled. ' Everyone making an argument in their behalf, makes it admitting that their enrollment was provided for by section 21 of the act of June 28, 1898, and provided for by the act of May 31, 1900, condi- tioned only upon their removing to the Choctaw Nation and per- manently locating there, and provided for by the act of July 1, 1902, similarly conditioned. Surely the Indian Committee wiU not longer delay the final settle- ment of Choctaw tribal affairs. It has now been too long delayed. This money should not only be paid, but Congress should at once provide for the disposition of the coal lands and other tribal property belonging to the Choctaw and Chickasaw people, and aU their money should be prorated among them. It is generally known, and it appears in the records, that a great lobby has been organized to secure the enroUment of the Mississippi Choctaws and that contracts have been secured aggregating millions of dollars. Interested attorneys have made all sorts of speeches and arguments looking to a delay in the paym^ent of the Choctaw money and urging the reopening of the rolls. Surely Congress wiU foIl9W the decisions of the courts, the Dawes Commission, the Secretaries of the Interior, and the Committees of Congress who have given ex- tensive hearings to this question, rather than the pleadings of inter- ested attorneys who wiU be enriched by the reopening of the roUs. Almost 19 years have elapsed since the first Choctaw agreement was entered into in 1897. If the question of citizenship is again reopened. 168 INDIAN APPEOPEIATION BILL, 1917. a settlement of it will not be reached within the next quarter of a century. , ^ j. i i. • As a final word, I beg the Members of Congress to at least give a small measure of justice to the Choctaw and Chickasaw people and provide for a partial distribution of their funds now. Mr. Harrison based his argument for the enrollment of the Missis- sippi Choctaws upon four grounds : o ■, • First. Upon the fourteenth article of the treaty of 1830; and it has been shown that the Dawes Commission and the United States Court in the Jack Amos case decided against his construction of this article. Second. He states that Senator Owen while attorney tor the Mississippi Choctaws insisted that they should be enrolled. We have shown that Senator Owen in extended hearings before the Senate Indian Committee (pp. 74-108, 645-661) stated that great generosity has been shown the Mississippi Choctaws and that the rolls should now be closed, giving his reasons in detail why they should not be reopened. In other words, he makes the opposite contention to that of Mr. Harrison. Third. He contends that the Eastern Cherokee case, reported in 202 U. S. 101, supports his contention. An examination of that case shows it does not support Mr. Harrison's argument, and that it was not a suit over the lands of the Cherokees west, or the proceeds thereof, nor for a division of their trust funds. On the other hand, the Cherokee case reported in 117 U. S. 288 is a case in line and is against the contention of Mr. Harrison. Fourth. He states that Judge Townsend in an ex parte decision held that the Mississippi Choctaws were entitled to be enrolled with- out removing to the Indian Territory, now Oklahoma. This was when the Choctaw Nation was not represented, and later, in the case of Ikard v. Minter, which was affirmed by the Indian Territory Court of Appeals in an opinion written by Judge GiU (4 Ind. T. Repts., 214), after a full hearing and after the matter had been argued and briefed on both sides. Judge Townsend held that the Mississippi Choctaws were not entitled to be enrolled. Hence, it wiU be seen that the law is against Mr. Harrison, the decision of every court is against him, and the report of every committee of Congress is against him, as well as the report of every Secretary of the Interior. Now, gentlemen of the committee, the records of the Indian Office show there is to the credit of the Choctaw tribal funds in round num- bers about $9,000,000; that added to their unsold property, which when converted into cash will approximate something like $31,000,000. The Chairman. What does that consist of * Mr. Hastings. It consists of unsold tribal lands and coal lands ui the Choctaw Nation, which added to the moneys which they have in the Treasury to the credit of the tribe will make this amount. The Chairman. They are deriving quite a royalty from the sale of coal, are they not? Mr. Hastings. They are deriving. an anuual royalty now upon the sale of coal. Mr. Snyder. About how much? Mr. Hastings. I think about $250,000. But I may be mistaken as to the amount. INDIAN APPEOPKIATION BILL, 1917. 169 There are on the Choctaw tribal rolls 20,799 persons, and upon the Chickasaw tribal rolls 6,304. Now, you will notice that this amend- ment provides payments of S200 to the Choctaws and $100 to the Chickasaws. The reason of this is that a year or more ago you pro- vided for a per capita payment of $100 to the Chickasaws, and this difference is in ord!er to even them up, as those tribes have an equal imdivided interest in and to the land and funds, the two tribes being separated only for political purposes. Now, gentlemen, I can not go into this case like I would like to, but a great many people do not understand the question of citizen- ship. I might say I represented the Cherokee Tribe for 20 years in citizenship matters, and I feel therefore some familiarity with it. It takes three things to constitute citizenship in one of those tribes, and they are the same in each. I want to correct an erroneous impression on this question. Nearly every Member of Congress, nearly every lawyer outside of Oklahoma, thinks it is a question of inheritance. That is a mistake. You must have three things to constitute citizen- ship in one of the Five Tribes. First, you must be an Indian by blood ; second, you must be a member of the tribe; and, third, you must be a resident of the tribe. Now, that has been decided by every court and every commission that has ever passed upon this question. Prior to June 10, 1896, the tribes passed upon their own questions of -citizenship, but Congress, by the act of June 10, 1896, took that jurisdiction away and gave it "to the Dawes Commission. Now, let me remind you, gentlemen of the committee, at that time we were in no State. We were political orphans in the Five Civihzed Tribes. The Dawes Commission was not sent there to render a decision in our favor or against us, but it was sent there to render a fair and equitable decision, and to fairly and equitably administer affairs; and, gentle- men of the committee, certam members of the Dawes Commission were great lawyers, splendid lawyers, men who had paid special at- tention to these questions and thoroughly understood the purpose of this act of June 10, 1896, and thousands upon thousands of people applied for citizenship in the Five Civilized Tribes, and those citizen- ship questions have all been settled. I might say that m the Cherokee Tribe there were 50,000 people claiming to be entitled to enrollment as citizens in that tribe, and only 283 individuals were admitted; so you can see the vast amount of fraud that attends this matter of ap- plying for citizenship in those tribes. The Dawes Commission was created by the act of March 3, 1893. The first citizenship jurisdiction as above stated was given them by the act of June 10, 1896; additional jurisdiction was given them under the act of June 7, 1897; additional jurisdiction was given them under the act of June 28, 1898, under the act of May 31, 1900, and under the supplemental agreement of July 1, 1902. As has been stated by Mr. Ferris, every unbiased tribunal that has, passed upon this question has decided adversely to the contention of the Mississippi Choctaws. In other words, the Supreme Court of the United States in the Cherokee case reported in 117 U. S., 288, decided agamst them, holding that the Cherokee Indians who resided m North Carolina and had not removed to the Cherokee Nation should not be enrolled as members of the Cherokee Nation west, and were not entitled to participate in the distribution of their trust funds. Mr. 170 INDIAN APPROPRIATION BILL, 1917. Harrison calls attention to what is known as the eastern Cherokee case (202 U. S., 101). Gentlemen, that case does not decide what Mr. Harrison claims for it. I have not time to analyze it, but it does not go into the question of citizenship west. It does not go into the question of the right to the Cherokee lands west; it does not go into the question of the Cherokee trust funds west, but the Cherokee case reported in 117 U. S. did go into that one question. The eastern Cherokee case in 202 is' a decision on what the Government of the United States owed the Cherokees under the treaty of 1835, made in Georgia with the Cherokees and not paid to them at that time, and had nothing whatever to do with the Cherokees west; it has nothing to do with their lands or the proceeds of the lands of tribal funds. It was for a balance due under the treaty of 1835. The question of residence of citizenship was not involved. The only other question that I have got time to answer was what Mr. Harrison said about Senator Owen. It is true that Senator Owen for a long time was representing the Mississippi Choctaws. He was their attorney. He made numerous arguments and filed many briefs before the courts and committees; and let me say, he frankly admits every court disagreed with him, every commission disa^eed with him, every Secretary of the Interior disagreed with him, every authority before whom he went disagreed with him and held to the contrary, and Senator Owen himself, I want to say in justice to him, has stated this a number of times before the Senate Committee on Indian Affairs and on the floor of the Senate. He said: I was the attorney of the Mississippi Choctaws ■who were enrolled by the Choctaw- Chickasaw agreement of 1902. I represented them from 1896 to 1906 and devoted my time to their interests for 10 years. Now, here is what I wanted to caU your particular attention to : No Choctaw in Mississippi or elsewhere not on the approved rolls of March 4, 1907, has any legal or equitable right to enrollment or to any further hearing. Mr. Norton. Where is that statement made ? What is the date in the Senate ? Mr. HASTiNCfS. I will look it up and give it to you. I took it from a speech of Hon. W. H. Murray, Member of Congress, in the House oa April 24, 1914. The Chairman. Without objection you may insert 'that at this point if you desire. Note. — Senator Owen, before the Senate Committee on Indian Affairs, on January 18, 1915, pages 74 to 108 of the printed hearings, and on February 5, 1915, pages 645 to 661 of the hearings, stated at great length why he thought the Mississippi Choctaws should not be enrolled. Mr. Hastings. I am sorry I have not any more time, but the question has been thoroughly covered. I have a large number of authorities that I will insert in the record with the permission already granted by the committee. PRESENTED TO r.K.^ ^^ College ONEQNTA, N. Y J' P. KlNNEiY TOl5l AN APPROPRIATION BILL p ) 5^1 HEARINGS BEFORE THE COMMITTEE ON INDIAN AFFAIRS OF THE HOUSE OF REPRESENTATIVES SENATE AMENDMENTS TO H. R. 10385 ' PART 5 "presented to ^ J ftARTWlCK COLLEGE ^\ ONEONTA, N. Y. ^•^•^- ^N^ BY ■ "" "* ^. P. KINNEY WASHINGTON GOVERNMENT PRINTING OFFICE 1916 £ 77 1:31 COMMITTEE ON INDIAN AFFAIRS. SiXTT-FOUETH CONGEESS. 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, Florida. 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. STEPHEN WALLACE DEMPSEY, New York. HOMER P. SNYDER, New York. ROYAL C. JOHNSON, South Dakota. FRANKLIN F. ELLSWORTH, Minnesota. BENIGNO C. HERNANDEZ, New Mexico. JAMES WICKBBSHAM, Alaska. James V. Townsend, Clerk. Paul N. Humphkhi, Assistant Clerk. INDIAN APPROPEIATION BILL. Committee on Indian Affairs, House of Representatives, Tuesday, April 4, 1916. The committee met at 10 o'clock a. m., Hon. John H. Stephens (chairman) presiding. The committee had under consideration the amendments to H. E. 10385. There was present before the committee Mr. E. B. Meritt, Assist- ant Commissioner of Indian Affairs. The Chairman. The committee will come to order. We have under consideration this morning the amendments to H. E. 10385. The first amendment appears on page 3, line 5, " and to remain avail- able until expended : Provided.'''' I would like to ask Mr. Meritt — we had this amendment in the bill as it was reported to the House, and it was subject to a point of order and was stricken out. Now, the Senate put that provision on there again — that is, amendment No. 1. Now, if we take that provision into the House, it is subject to a point of order. What is the necessity for that language " and to remain available until ex- pended " ? STATEMENT OF MR. E. B. MERITT, ASSISTANT COMMISSIONER OF INDIAN AFFAIRS. Mr. Meritt. Mr. Chairman, we would like very much to have that amendment in the bill for the reason that this appropriation pro- vides for irrigation construction. It is diiRcult to keep these appro- priations within the fiscal year. It is sometimes necessary to use the appropriations for a series of years, and that is the reason we would like to have it remain available. We should also have an available balance to meet emergencies that may arise. Mr. KoNOP. So that if you did not complete the project within the 'year the amount lapses into the Treasury unless this provision is in there ? Mr. Meritt. Yes, sir. Mr. Carter. Is it customary to have that in irrigation appropria- tions ? Mr. Meritt. Yes, sir. Mr. Carter. Do you always have it in irrigation appropriations? Mr. Meritt. Yes, sir ; this appropriation has been continued a.vail- able until expended for a number of years. Mr. Hatden. The primary reason for making appropriations available until expended is that there should be a considerable bal- 3 4 IKDIAN APPBOPEIATION BILL, 191'7. ance on hand in the irrigation fund to take care of damages by flood and other unforeseen casualties. Mr. Mekitt. Yes, sir ; those things are constantly arising — ^break- ages and things of that kind — and there is constant necessity for new construction. The Chairman. It is just for emergencies, then, as I understand it, that you use the fund? Mr. Meritt. Largely, and also for general irrigation work. Mr. KoNOP. What I understand is that they want to use the fund after the expiration of the fiscal year, and that is the reason you would like that provision in there? Mr. Meritt. Yes, sir. The Chairman. The next amendment is on page 3, line 22 : The provisions of sections twenty-one hundred and forty and twenty-one hun- dred and forty-one of the Revised Statutes of the United States shall also apply to beer and other intoxicating liquors named in the Act of January thirtieth, eighteen hundred and ninety-seven (Twenty -ninth Statutes at Large, page five hundred and six), and the possession by a person of Intoxicating liquors in the country where the introduction is proliiblted sliall be prima facie evidence of unlawful introduction. Mr. Hatden. Does the bureau ask for this amendment? Mr. Meritt. Yes, sir. The necessity for that legislation is ex- plained on page 5744 of the Congressional Eecord of March 28. It will very materially broaden the laws relating to liquor in the Indian country and be very helpful to the bureau in the suppression of the liquor traffic. Mr. Hatden. How does it come that beer was not mentioned here- tofore ? Mr. Meritt. Beer was not included in the provisions of sections 2140 a,nd 2141 of the Eevised Statutes. Mr.' Hatden. Then, this is merely to close up a loophole? Mr. Meritt. Yes, sir. Mr. Murrat. It makes it easier to get evidence. Mr. Carter. It makes it prima facie evidence. It makes the find- ing of whisky in the possession of a person prima facie evidence of its introduction. Mr. Murrat. It operates just like the, case of a man who is found with goods recently stolen in his possession. Mr. Johnson. That is, it shifts the burden of proof onto the defendant. Mr. KoNOP. I absolutely object to this provision that a man charged with an offense shall prove his innocence, when the law and the Constitution of this country provide that he shall be proved guilty. , The Chairman. Is there a statement in the hearings in the Senate on this matter ? If so, what page is it on ? Mr. Meritt. The liquor item is discussed on page 6 of the Senate hearings and page 29 of the House hearings. The Chairman. Is it a full statement? Mr. Hatden. Can you not insert that extract from the Congres- sional Eecord in the hearings? Mr. Meritt. Yes, sir ; I can do that. The Chairman. Without objection that may be inserted here. INDIAN APPROPBIATION BILL, lOWf. 5 Mr. Meritt. The Congressional Eecord contains the following: Mr. Gkonna. I offer the amendment which I send to the desk. The Vice President. The Seufitor from North Dakota offers an amendment, which will be stated. The Secretaby. On page 3, line 22, it is proposed to amend the bill by chang- ing the period after " $150,000 " to a colon, and adding the following ; "Provided, That the provisions of sections 2140 and 2141 of the Revised Stat- utes of the United States shall also apply to beer and other intoxicating liquors named in the act of January 30, 18Si7 (29 Stat. L., p. 506)." Mr. Geonna. Mr. President, section 2139 of the Revised Statutes of the United States was amended on July 23, 1892, so as to include therein the pro- hibition of the sale of beer and similar intoxicants to Indians. On January 30, 1897, this act was further amended so as to prohibit the sale of extracts, bitters, or any other article which produces intoxication to Indian wards of the Gov- ernment. Section 2140 of the Revised Statutes provides method of enforcing the prohibition against the introduction of liquors into Indian country. By some oversight sections 2140 and 2141 were not changed at the same time that 2139 was. It is therefore proposed to perfect these two sections of the Revised Statutes by Including in their provisions the prohibition against beer and other liquors so that the purpose of Congress in keeping liquor away from the Indians and out of the Indian country may be fully effective. Mr. Sutherland. Where does the amendment come in? Mr. Gkonna. On page 3, after the numerals " $150,000." It simply has refer- ence to enforcing the prohibition law in the Indian country. Mr. AsHUBST. Mr. President, I have given this amendment some considerable attention. I have examined the statute. I see no objection to it. I think it would be a salutary provision. It simply provides that no intoxicating liquor, inalt, vinous, or spirituous, shall be brought into the Indian country on an Indian reservation. I see no objection to the amendment. Mr. Sutherland. Let me ask the Senator from North Dakota why he put It in as a proviso? That would seem to make it a limitation upon the appropria- tion of $150,000. It is not in any manner connected with the appropriation. It does not affect the use of the money. It seems to me the Senator ought to offer it as an independent provision of the bill. Mr. Gbonna. I agree with the Senator from Utah, and I ask unanimous con- sent to strike out the word " Provided " and let it be an independent provision. Ml* Walsh. Mr. President, as to the amehdment of the Senator from North Dakota, I am in entire accord with the desire of the Senator to have this fault In legislation corrected; but really an appropriation bill is not the proper place in which to carry legislation of this character. Does not the Senator feel that it would be easy to put through a separate bill amending the provision of law and have the legislation enacted in ah orderly way? Mr. Gronna. I will say to the Senator from Montana that this affects only Indian lands. It is, of "course, clearly legislation ; the Senator is correct in that, and it would be subject to a point of order if it is made ; but the amend- ment is offered only for the purpose of perfecting the law, making it possible for the Indian Oflice to enforce the prohibition law on Indian reservations. I hope there will be no objection to it. Mr. Walsh. The Senator will understand I have no objection at all to the amendment, and it is not my purpose- to raise a point of order, but it is rather unfortunate to have such provisions in the midst of an appropriation bill, where one searching the statutes would scarcely expect to find them, and where, in the indexing of the statutes, it would, in all reasonable probability, be over- looked. One would naturally go to the penal statutes, to the subject of crimes, to find a statute of this kind, and not look for it in an appropriation bill. I would not make the exception, except that I can not conceive that there would, be any difficulty at all in putting through a bill intended to correct this defect in legislation. The Vice President. Where Is it offered? The Secretary does not under- stand where it is offered. Mr. Geonna. Strike out the word " Provided " and insert it as a new section, as suggested by the Senator from Utah. The Vice President. After the appropriation or before? Mr. Gbonna. After the appropriation. Mr. ASHURST. Let it be a new paragraph instead of a new section. 6 INDIAN APPROPRIATION BILL, 1911. The SECBETAitT. After line 23, page 22, insert: "The provisions of sections 2140 and 2141 of the Eevised Statutes ot the United States shall also apply to beer and other intoxicating ligtuors named in the act of January 30, 1S97 (29 Stat. L., p. 506)." The Vice President. The amendment will be agreed to without objection. Mr. Owen. Mr. President, on page 3 of the bill there Is a provision " for the suppression of the traffic in intoxicating liquors among Indians," for which there is appropriated $150,000. That expenditure is made comparatively in- effective by the requirement under the law of proving that a person found in possession of intoxicating liquors has violated the law relating to introducing liquors across the State line. I now propose an amendment that the posses- sion by a person of any intoxicating liquors in the country where the introduc- tion is prohibited, shall be prima facie evidence of unlawful introduction. This legislation is described by ^he administrative officers in Oiilahoma, especially where we have great difficulty with that feature. The Vice Peesident. The amendment proposed by the Senator from Okla- homa will be stated. The Secretary. On page 3, after line 22, after the amendment already agreed to at that point, it is proposed to insert : " The possession by a person of intoxicating liquors in the country where the introduction is prohibited shall be prima facie evidence of unlawful intro- duction." The Vice President. Without objection, the amendment is agreed to. Mr. KoNOP. You say beer was not included in the statutes? Mr. Meritt. Beer was not included in sections 2140 and 2141 of the Eevised Statutes. Mr. KoNOP. Then in the prosecution of a man for introducing beer on an Indian reservation you could not convict him under the old law ? Mr. Meeitt. We probably could not destroy the beer under sec- tions 2140 and 2141. This law also makes the possession of intoxi- cating liquors prima facie evidence of unlawful introduction. That is a very important provision and makes it much easier to convict a person for introducing liquor on an Indian reservation. • Mr. KoNOP. Suppose you went a little further and presumed him guilty? Mr. Mureax. We have got that law in Oklahoma, and a number of other States have it. It is the only way in the world to keep down the loopholes. The Chairman. We will take up the next matter. The next is amendment No. 3, page 4, line 10, strike out $350,000 and insert "$400,000: Provided:' Mr. Hatden. Why do you want this extra $50,000 for the care of destitute Indians? Mr. Meritt. That increase, Mr. Chairman, is absolutely necessary, if we are to continue to maintain the hospitals that have already been provided by Congress and also to take care of the sick Indians of the country. Congress has during the last two or three years materially increased the number of hospitals, and necessarily it has resulted in increased cost of administration, and we very much need this $400,000. Mr. Carter. Mr. Meritt, for the current year you only have $300,- 000, haven't you? Mr. Meritt. We are providing in this item for two or three sana- toriums which we have been providing for out of general appropria- tions heretofore. Mr. Carter. And we have provided for some hospitals out of the other appropriations? Mr. Meritt. Yes, sir. INDIA-N APPROPBIATIOK BILL, 191'7. 7 Mr. Carter. $300,000 is the appropriation now for the year end- ing June 30, 1915. You had $300,000, and when you came before the committee in December you had an unexpended balance from that amount of $71,433.83. Mr. Meeitt. We are just completing some hospitals, Mr. Carter, that will increase the cost of administration. Mr. Carter. I understand; but this was your appropriation for the year ending June 30, 1915. Mr. Meritt. Yes, sir. Mr. Carter. You had no uncompleted hospitals to care for out of that appropriation? Mr. Meritt. We are just completing six new hospitals now. Mr. Carter. When did you begin them? Mr. Meritt. We began them last year — ^the first part of this fiscal year. Mr. Carter. You did not have to use any of this $300,000 for the year 1915? Mr. Meritt. No, sir. Mr. Carter. For the building of those hospitals? Mr. Meritt. No, sir. Mr. Carter. You built other hospitals, thoueh, at that time, and you had $71,000 left. Mr. Meritt. But the fact that we have these 12 additional hospi- tals will very materially increase the cost of health administration among Indians. Mr. Carter. You mean it will take more for maintenance? Mr. Meritt. Yes, sir. Mr. Carter. Well, the House has allowed $50,000 for that. Mr. Meritt. That will not be enough. We need fully $400,000 for that work. Mr. Carter. That will mean an increase in the appropriation of 33^ per cent. Mr. Meritt. Yes, sir. The health conditions of the Indians is de- plorable, Mr. Carter, and we are trying to improve their conditions. We are spending more money now than we did three or four years ago. Mr. Carter. How much was that item when it first went into the bill? Mr. Meritt. Something like $25,000. But 20 per cent of the Indians of the country have tuberculosis and probably 30 per cent have trachoma. Mr. Carter. Now, when we give you $350,000 we give you over $1 a head for every Indian that you have jurisdiction over. Mr. Meritt. Yes, sir. Mr. Norton. Mr. Meritt, this appropriation of $400,000 — ^is any part of it used for rations? Mr. Meritt. Very little of it, if any. Mr. Norton. It is used for medical supplies and medical attend- ance chiefly? Mr. Meritt. Yes, sir; and the maintenance of hospitals. Mr. Norton. And the maintenance of hospitals. Well, it appears that as the Indians are becoming more civilized they require more care and attention. Their standards of living become higher, some- what like the whites? 8 INtttAN APPiiO^ltlAl'iOiT BILL, ISII. Mr. Meeitt. Yes, sir. Mr. Norton. You sd.y a few years ago this item amounted to oiily $25,000? Mr. Meeitt. Yes, sir ; because the Government did not attempt to assist the Indians in their health work. , They did not provide them with hospitals. They simply allowed them to die with tubercult^is and grow blind with trachoma. We axe trying to improve thbse con- ditions, and it costs a good deal of money to reach these Indiafis located in 26 different States all over the western country. Mr. Norton. The Indians have increased along the lines of civili- zation in that respect as much as the whites have^ have they not ? When we recall that not very long ago the average man had his tooth pulled out by the blacksmith and now requires a high-priced dentist, it is not surprising that the Indians should improve. Mr. Meritt. We have dentists at the different schools who attend to the teeth of the children; and we have physicians to go to the various reservatio!ns and treat the eyes of the Indians and attend to their other medical needs. Mr. Carter. How many hospitals have you? Mr. Meeitt. We are providing for six additional hospitals by this appropriation. Mr. Caetee.' How many have you ? Mr. Meeitt. We have probably 30 additional hospitals, small hospitals at the various reservation boarding schools. Mr. Carter. What I want to know is how many hospitals have you now in operation altogether ? Mr. Meeitt. Between 50 and 60 hospitals. Mr. Caetee. And how many building? Mr. Meeitt. There are building at this time six additional hospitals. Mr. Carter. That would give you about 56 hospitals? Mr. Meeitt. About 60 hospitals. Mr. Caetee. For 300,000 Indians? Mr. Meritt. Yes, sir. Mr. Caetee. That would be about a hospital for every 600 ? Mr. Meritt. We need a hospital on practically every Indian reser- vation in the United States where they have an Indian population of over 1,000. Mr. Carter. Well, I need a hospital at my home, Mr. Meritt, but unfortunately I can not have it ; and we have got to use some judg- ment for the Government funds, the same as we do for our own.. Now, don't you really think that $350,000 perhaps— $1.25 or $1.50 apiece— -will care for every Indian on the reservation and ought to be suiEcient? Mr. Meritt. Could the committee give us $3Y5,000 instead of $400,000? We will try to get along with that amount. Mr. Caetee. Now, you have some other hospitals that are main- tained out of tribal funds, haven't you ? Mr. Meeitt. We have a few ; yes, sir. Mr. Carter. In addition to these hospitals that you want in the $400,000 appropriation? Mr. Meritt. Yes, sir. Mr. Carter. You build a great many hospitals out of tribal funds, do you not ? INDIAN APPBOPBIATION BILL, 1917. ^ Mr. Meeitt. We build a few ; not very many A-f^'n ^^V^«- Y«" built one for the Choctaws and Chickasaws, didn t you s ' Mr. Mekitt. Yes, sir. Mr. Carter. Out of tribal funds? Mr^MERiTT. Yes, sir; at a cost of $50,000. We also built one for SnSA'''^^xr''''u ^PT''*'^? ^"^^^ «"* o^ *^ibal funds at a cost of $40,000. We built three hospitals up in the Sioux country out of tribal funds costing from $25,000 to $35,000 each. Mr. KoNOP. I would like to ask a few questions. On each of these reservations there are physicians provided, aren't there? Mr. Meeitt. Yes, sir. Mr. KoNOP. Government physicians are they ? Mr. Meritt. Yes, sir. Mr KoNOP. Now, do they get pay out of this fund here when they take charge of these hospitals? Mr. Meritt. We pay some of the physicians out of this fund, and other physicians are paid out of the support funds for the agency or for the school. Mr. KoNOP. Now, do they get any extra compensation when they take charge of a hospital on an Indian reservation ? Mr. Meritt. We usually pay a physician more when he is in charge of a hospital than we do when he has simply a small practice on an Indian reservation. Mr. KoNOP. So when the sum that you get for the physician — the particular appropriation — is not sufficient, you take out of this $400,000 and make up the salary of this physician ? Mr. Meeitt. It is not intended to use any of this appropriation for increasing salaries, Mr. Konop. Mr. KoNOP, I do not mean increasing salaries, but you say they get a little more when they take charge of a hospital. Now, if we do not provide enough in the appropriation when we appropriate for the particular agency, for the physician, do you take that excess out of the $400,000? Mr. Meritt. This appropriation is so worded that we can use it in almost any way that the Secretary of the Interior may deem proper in medical work. Mr. KoNOP. Do you also get extra physicians for these hospitals, besides those that are on the Indian reservations ? Mr. Meritt. Yes, sir; we have a physician in charge of each hospital. The Chairman. We will take up the next amendment, amendment No. 4, page 4, line 13, strike out " $15,000 " and insert " $17,500 : Pro- vided further." Mr. Hayden. That goes in connection with amendment No. 5, which provides that the existing law shall be changed by increasing the limitation of expenditure on the construction of hospitals from $15,000 to $17,500. . Mr. Meritt. Yes, sir; but we are more anxious to have amendment No. 5 than amendment No. 4. Hereafter we can bring the hospitals within $15,000 ; but amendment No. 5 is absolutely necessary because the comptroller has recently rendered a decision after we had con- structed a hospital which increased the charge out of this appropri- ation. Prior to that decision we had been using another appropri- 10 INDIAN APPROPEIATION BILL, ISll. ation to pay the cost of supervising the construction of these hospitals. Mr. Hayden. I remember about that. Mr. Mekitt. I would like to impress upon the committee the fact that this amendment No. 5 is very important, and the bureau will be embarrassed very much if this amendment is not included in the Indian bill as finally passed. . Mr. KoNOP. You could not complete those hospitals then if the amendment No. 5 is not included ? Mr. Mekitt. No, sir. Mr. Caetee. Now, we put a provision in the other bill just like this, that the hospital should not exceed in cost $15,000 to build, under this paragraph ; yet the department violated that law, which Congress passed, and provided a hospital for $500 more than Con- gress said it should cost. . . , Mr. Meeitt. There was no intention of violating the law, Mr. Carter. This was new work for the bureau, and we got plans for hospitals that brought them Just within the $15,000. In order to get these hospitals constructed for $15,000 we had to accept a lump- sum bid for the construction of several of them. Mr. Caetee. Well, in the future you will try to confine yourself to $15,000? Mr. Meeitt. Yes, sir. Mr. Caetee. If we let you have this $2,500 extra for the hospitals already under construction, you will not come back here next year and want a similar appropriation? Mr. Meeitt. No, sir. The Chaieman. This comes out of the $400,000 lump sum anyway? Mr. Meeitt. It does not call for any addition appropriation. The Chaieman. The next amendment is No. 7, on page 5, line 11, insert the words " to be immediately available." Mr. Meeitt. That amendment, which will be found on page 121 of the Senate hearings, is necessary, Mr. Chairman, because we have the hospital in the Choctaw and Chickasaw country practically com- pleted at this time, and we need funds to carry on the work of the hospital between now and July 1. Otherwise the hospital will stand there unoccupied. The Chaieman. Have you patients to go into the hospital ? Mr. Meeitt. Yes, sir. The Chaieman. How are you taking care of those patients now ? Mr. Mekitt. We have not opened the hospital yet. The Chaieman. I understand, but if you do open, have you got the patients? Mr. Mekitt. There is no question about the patients. There are a great many Indians in the Choctaw and Chickasaw country who will be glad to avail themselves of the opportunity furnished by this hospital. The Chaieman. What is the capacity of the Choctaw hosptial? Mr. Mekitt. About 40. The Chairman. How many are there willing to go into the hos- pital at the present time ? Mr. Meeitt. We will have no trouble in filling the hospital to its capacity. j INDIAN APPBOPEIATION BILL, IQIT. 11 Mr. Carter. Mr. Meritt, you say it will be necessary to have this immediately available, because you can not operate that hospital. Haven't you funds on hand already for that ? Mr. Meritt. We have not funds for the operation of this particu- lar hospital. Mr. Carter. Well, but you have funds for the operation of hos- pitals, and this is one of them ? Mr. Meritt. This hospital was constructed out of tribal funds. Mr. Carter. I understand. I am not speaking of construction; I am speaking of maintenance and operation. This hospital could be maintained just the same as other hospitals out of that fund. Mr. Meritt. That other fund is practically hypothecated at this time. The appropriation is so small that we have difficulty at the end of the year to maintain the hospitals on the small appropriation allowed by Congress. The (Chairman. The next amendment is on page 6, line 1, amend- ment No. 8, insert the words " and for tuition of Indian children in public schools, $1,550,000 : Provided^ Mr. Hayden. These amendments 8 and 10 restore the language in the bill to the same form that it was when it was reported by this committee. Mr. Dill. We had quite a good deal of trouble up here in the House with Mr. Mann about that. I am very much interested in seeing money provided for these Indian children, and Mr. Mann first struck the whole thing out as to the amount, and then he agreed to this latter provision. Mr. Hatden. What does the bureau think about it ? Mr. KoNOP. What he objected to was the tuition of Indian children in public schools. That was the part Mr. Mann objected to. That was stricken out, and the Senate, I see, has reinserted the provision. Mr. Meritt. This item was discussed on page 20 of the Senate hearings and page 46 of the House hearings. In answer to Mr. Hayden's question I will say that the bureau and the department would like to have the item read exactly as amended by the Senate. That would be in accordance with the estimates. Mr. Carter. Now, Mr. Meritt, the House put in $100,000 to be used for public schools. Now do you provide for the use of any part of it ? Mr. Meritt. We do not believe there should be a limitation, because we want to gradually get the children into the public schools. We now have between 8,000 and 10,000 children out of school, and if we could use this appropriation for paying tuition of Indian children in public schools without limitation it would be economy, because it would only cost about $30 a year per pupil; whereas to main- tain them in our schools costs approximately $200 a year. It would be good administration and more Indian children could be placed in schools if you would allow this item to go through as it passed the Senate. , .,° . , ,. Mr. Cari-er. You think you can educate more children in public schoolsthanyoucanin the Government schools? ■-,-.. Mr. Meritt. Yes, sir ; and we believe the education received in the public schools will be equally as beneficial to the Indian children. Mr. Carter. None of this is used for the Five Civilized Iribes^ Mr. Meritt. No, sir. 12 INDIAN APPKOPEIATION BILL, 1917. Mr. Carter. They have a specific appropriation? Mr. Meritt. Yes, sir. Mr. Campbell. Where is this used? Mr. Meeitt. All over the country, outside of the Five Civilised Tribes. Mr. Dill. How much was paid out last year for Indian children, if you know, in public schools ? Mr. IVIeritt. We had a limitation of $20,000 on the amount last year. We have- complaints from all over the country because we have not funds sufficient to meet the tuition of Indian children in public schools. Mr. Dill. I am in sympathy with giving the department all the money it wants for this purpose, but I am simply trying to get in- formation here — Mr. Mann raised a point of order against it on the floor, and then later came back and agreed to the $100,000 — I am simply trying to get such information as will enable us to get past him again. Mr. Hatden. AVould you use $100,000 for this purpose? Mr. Meeitt. I think we could, if we were given a free hand. Mr. Hayden. Will you? Mr. Meeitt. We will, if you will permit us to have this appro- priation. Ml'. Norton. Mr. Meritt, if you are given a free hand in this matter, do you have in mind the probable fact that some insistent demands will be made upon you by local authorities having charge of public schools for the payment of large tuition fees for the use of public schools by Indians? Mr. Meeitt. We limit the amount that we will pay for tuition in public schools. Mr. NoETON. Is that a limit that applies in all sections of the country ? Mr. Meeitt. Yes, sir. Mr. NoETON. What is the limit ? Mr. Meeitt. It is between 10 and 15 cents a day. Mr. KoNOP. Most of the States have a limit on that, which pro- vides a certain amount of tuition in public schools, where a pupil goes to the public schools that does not belong there. I think it is in the neighborhood of $30 a year, $2 a month or something like that. Mr. Meritt. It is between $2 and $3 a month for tuition.' Mr. Norton. Of course, I am very much in favor of giving the department a free hand in this matter, and I think it is one way of getting the Indian children into the public schools and getting rid of the care of the Indians. Mr. Dill. I think it is a very important item, and I think it is the best thing that could happen to the Indian to get him into the white schools. Mr. Meritt. That is what we hope to do gradually. The Chairman. The next amendment is No. 11, on page 7, line 22: All moneys appropriated herein for school purposes among the Indians may be expended without i-estriction as to per capita expenditure. Mr. Meeitt. Discussion of this item will be found on page 26 of the Senate hearings and page 58 of the House hearings. This amend- ment, Mr. Chairman, is a very important one, as we can not educate INDIAN APPBOPRIATION BILL, 1917. 13 tiie Indian children in nonreservation Indian schools at the limita- tion now prescribed by law, namply, $167 per capita per anpum. Mr. HATDEN Ihis language has been carried in the Indian bill for a number of years ? Mr. Meritt. Yes, sir. Mr. Carter. You can educate them in some schools, but not in a great majority of them? Mr Meritt. Yes, sir. Where we have a large enrollment we caii keep the cost down to that amount, but at the small nonreservation schools it costs a good deal more than $167 per capita. Mr. Campbell. Mr. Meritt, would this language authorize you to use a greater per capita in those California schools than is being used under the appropriation which the House made? Mr. Meritt. The cost per capita in the California schools has been exceedingly high. That cost, however, is limited by the appro- priation ; and putting this item in would not necessarily increase the cost per capitfl Mr. Campbell. That is what I am inquiring about, whether or not this language would nuUifj^ the language used in the bill as it passed the House. Mr. Meritt. No, sir ; because the appropriation necessarily limits the amount or cost per capita at those two schools. Mr. Campbell. But this authorizes you to use out of this million and a half dollars. Mr. KoNop. To make up the balance. Mr. Campbell. To make up the balance. Mr. Meritt. No, sir; that is not the intention at all. "We could not use the million and a half to supplement any appropriation for nonreservation schools. Mr. Campbell. This says " all moneys appropriated herein for school purposes among the Indians may be expended, without re- striction as to per capita expenditure." That is a pretty broad authorization. Mr. Meritt. But we could not use this $1,550,000 to supplement a specific appropriation for nonreservation schools. Neither the auditor nor the comptroller would permit us to do that if we were so inclined. Mr. Hayden. Permit me to direct attention to the provisions on line 16, page 6 : That no part of this appropriation shall be used for the support of Indian day and industrial schools where specific appropriation is made. That would prevent the use of any funds for the California schools. Mr. Campbell. Well, I knew that was what we had provided in the bill, but whether or not this language was intended to neutralize or nullify that was what I was wondering about. Mr. Hayden. This language was in the bill as reported from this committee, was stricken out on a point of order in the House, and restored in the Senate. Mr. KoNOP. Mr. Meritt, will you please state again why you want this provision ? I did not get that exactly. Mr. Meritt. There is a provision of law in the statute books which limits the cost of any one pupil to $167 a year. 14 INDIAN APPBOPMATION BILL, 1917. The first provision limiting the per capita cost to $167 was con- tained in the act of May 31, 1900 (31 Stat. K, 221, 246). The last time this provision was contained in the Indian appropriation act was April 30, 1908 (35 Stat. L., 70, 72), when it was made permanent legislation. Mr. KoNOP. That is out of this $1,550,000? Mr. Meeitt. Out of any appropriation at any school, regardless of whether it is a nonreservation boarding school or a reservation boarding school. We find that it is practically impossible at some of our smaller nonreservation schools to keep the cost within that limit on account of the increased cost of living during the last 10 years. That law was passed more than 10 years ago, and conditions have very materially changed since the old law was passed, and this proviso that is carried in the bill, amendment No. 11, is the same amendment that has been carried in the Indian appropriation bill for a number of years. Mr. Norton. In the existing law ? Mr. Campbell. Carried in the appropriation bills? Mr. Meeitt. It is in the Indian appropriation bill, but it is from- year-to-year legislation. Mr. NoETON. Would it not be well, Mr. Meritt, to repeal the provi- sion limiting the per capita expenditure to $167 or make this provi- sion here permanent law? Mr. Meeitt. We have endeavored a number of times, before the Indian Committees of Congress, to make this permanent law by in- serting the words "herein or hereinafter," but the conimittees have always stricken out the word " hereafter." Mr. KoNOP. Supposing we raised the limit to $175. Would that be sufficient ? Mr. Meeitt. No. sir ; we would like to have the limit at least $200. Mr. Norton. That would not cover it then — $200 — because your expenditure in many cases is considerably more than $200 per capita. Mr. Meeitt. Yes, sir; we find that at the smaller nonreservation schools the cost per capita is more than $200 a year. Mr. Hayden. I think, however, it would be a good thing to have some per capita amount as the basis of your estimates to the com- mittee. Mr. Meritt. This objection might be made to naming the amount, Mr. Hayden; at the large nonreservation schools now we keep the cost down to practically $167, but at the smaller nonreservation schools it is impossible to keep it down to $167. If we named a spe- cific amount, the superintendents of nonreservation schools might gradually work up the per capita cost to $200. Mr. Campbell. When you do not keep it down to $167 where do you make up the deficiency from? _ Mr. Meritt. We have specific appropriations for these nonreserva- tion schools. Mr. Campbell. Yes; but the appropriation is made on the per capita basis of $167 per pupil? Mr. Hayden. Not always. Mr. Campbell. That is the intention. Mr. Hatden. But if you look through the hearings, at a number of these large nonreservation schools you will see that we have INDIAN APPROPEIATION BILL, 1917. 15 allowed in this bill appropriations greatly in excess of $167 in certain cases. Mr. Campbell. Only in a limited number of cases, such as Carlisle and some of the more important schools. Mr. Hayden. That is the case in all of the California schools? Mr. Campbell. Well, at Chilocco and Haskell they are all based on the basis of $167, are they not? Mr. Meeitt. The larger nonreservation schools are. Mr. Campbell. No, then, if you can not maintain those schools at $167 for the current year, out of what fund will you make up the deficiency ? Mr. Meeitt. At some of the larger reservation schools we have farms, and those farms produce quite a nice income, and we are enabled to use the income from those farms to supplement the appro- priations. Mr. Campbell. You are not authorized to use that without an appropriation, are you? Mr. Meeitt. Yes, sir. Mr. Campbell. Under what law, or what authority ? Mr. Meeitt. Under the ruling of the comptroller we can use pro- ceeds from the farms of our Indian schools for the benefit of the school, because the produce from those farms is the result of Indian labor. Mr. Campbell. Now, for example, at Chilocco there are about 700 acres of hay there. Can that hay be sold and the money used without an appropriation by Congress ? Mr. Meeitt. Yes, sir. We raise a good many cattle at that school, and these are sold and the proceeds used for the benefit of the school. Mr. Campbell. We require every other department and bureau of the Government to cover their money into the Treasury and pay it out on specific appropriations. Do the auditors of the Interior De- partment permit that practice generally by the Indian Office? Mr. Meritt. That has been the practice of the Indian Office for a great many years. That is known as Class IV funds, and we can use those funds for administrative purposes. Mr. Campbell. What check is there on those funds ? Mr. Meeitt. We require the superintendent to submit an account of the expenditure of every dollar of this money to the Indian Office, and it is checked up in the Indian Office and also by the auditor. Mr. Campbell. Does Congress ever have any notice of it ? Mr. Meeitt. I do not know that the accounts are submitted to Congress; but it has been well known that that has been the prac- tice for a number of years. Mr. Heenandez. Does that apply to grazing fees ? Mr. Meeitt. No, sir ; that would not apply to grazing fees on the reservations. This question would only apply to a nonreservation Indian school. Mr. Heenandez. Grazing fees are accounted for in the same way ? Mr. Meeitt. We are required to deposit grazing fees from the reservations in the Treasury of the United States. Mr Campbell. Then, as a matter of fact, the law fixing the per capita at $167 does not govern the bureau in the expenditures for the education of Indian children in nonreservation schools? 16 INDIAN APPROPRIATION BILL, 1917. Mr. Meeitt. The law has not applied for a number of years, Mr. Chairman, for the simple reason that there has been carried in fhe Indian bill this proviso, or language similar thereto, which for that year repeals the act limiting the per capita to $167. Mr. Campbell. But this refers to moneys appropriated herein. This does not refer to the income of the schools for their labqr on farms or dairies or any other source of income that they might have. Mr. Meeitt. No, sir ; this applies to appropriations carried in the Indian bill. Mr. Campbell. Does it apply to this $1,550,000? Mr. Meeitt. It would apply to this extent, that if this amendment was not carried in the bill, we could not expend over $167 per capita at any of the reservation boarding schools provided for out of this general appropriation. Mr. Campbell. Now, could you use any of this $1,550,000 at Chilocco ? Mr. Meritt. No, sir; not a dollar of it. Mr. Campbell. Is any of it used at Carlisle ? Mr. Meritt. No, sir ; you could not use any other fund, except the appropriation j)rovided for that school, in addition to the money that may be derived from the production on the school farm. Mr. MiLLEE. What is this $167 a year used for? Mr. Meeitt. There was a law passed a number of years ago pro- viding for that limitation on the per capita expenditure. Mr. Miller. I mean the item; what does it include? Mr. Meeitt. It includes board for the children, their clothing, and medical attention. Mr. MiLLEE. That is all I want to know. That amount is little enough. I have an institution that takes $195 — an institption for the feeble-minded. Mr. Meeitt. I think you will find that the average cost in uni- versities will be oyer $300 at this time, and they are not getting any bttter instruction in some of those schools than we are giving at some of our nonreservation Indian boarding schools. Mr. Caeter. The next amendment is No. 12, page 8, line 17, an increase of $75,000. Mr. Norton. Just a moment before we pass this matter. I want to make an inquiry. Now, Mr. Meritt, when a specific amount is appropriated for a certain boarding school, is it not the common thing that practically an amount equal to the amount specifically appropriated is taken out of other funds and used for the school for its support? Mr. Meritt. "We can only use the specific appropriation for the support of that institution. We can not supplement that out of general funds. Mr. Hatden. Well, there is one way that you can. Mr. Norton Now, just let me call your attention to the case of the Fort Totten boarding school. The specific appropriation for that was $68,500 in 1915, was it not? Mr. Meectt. For the support and education of 400 Indian, pupils and for pay of superintendent the amount was $68,500. Mr. Norton. This is not one of the cases, but it simply illustrates what Mr. Campbell brought out, and it is this: Now, for the sup- port of that school $947 was used out of Indian-school transporta- INDIAN APPEOPKIATION BILL^ 1911. 17 tion funds, which is not included in the specific appropriation of $68,500. Mr. Meeitt. I should have stated that that transportation fund is for the transportation of all Indian children to the schools. Mr. Norton. And there was also at that school $740.85 used for the support of the school out of miscellaneous receipts, class four, which I understand is to include the sale of products raised at the school. Mr. Meritt. That is the fund that Mr. Campbell just a moment ago called to the attention of the committee. Mr. Norton. And there was $375.37 used for the support of the school out of Indian money the proceeds of labor. Mr. Meritt. That is the produce of the farm. Mr. Norton. What is class four, miscellaneous receipts ? Mr. Meritt. There is very little difference between those funds. They are both products of the farm. Mr. Campbell, I should have called your attention to the fact that there is one appropriation for the transportation of Indian children of about $82,000 which may be used by the nonreservation schools. That is used for all the non- reservation schools for transportation of Indian children. Mr. Carter. The next item is on page 8, line 17, amendment No. 12, increasing the amount of $425,000 to $500,000. What is the necessity of that additional money, Mr. Meritt. Mr. Meritt. This item is discussed on page 28 of the Senate hear» ings, and page 60 of the House hearings. This increases we feel is necessary for the reason that Congress during the last two or three years has very materially increased the appropriations for industrial work among Indians; and it is for the purpose of carrying on this work for which Congress has heretofore provided that we are asking for this increased appropriation of $75,000 — $500,000 is the amount asked for by the department in the estimates. Mr. Carter. Evidently, Mr. Meritt, there was not a very good showing made for the $500,000, because the House committee cut it down to $425,000. Mr. Meritt. We thought we submitted a strong justification for this item both before the House and the Senate committees. Mr. Campbell. I would like to just ask this: Mr. Meritt, there have been two or three tribes of Indians who have had their repre- sentatives here since the appropriation bill was out of the committee. There were very many intelligent Indians among them who appeared here. In answer to questions by members of the committee these In- dians stated — some of them — that they lived within a short distance of where the farmer was, and that they never had seen the farmer and did not know what he did ; that he had never done anything for them. They said the same thing about the doctors; that women and children were sick and they could not get the doctor ; they could not get anybody. , Mr. Carter. Give him the names of those tribes, Mr. Campbell. I remember that matter. Mr. Campbell. They were the Blackfeet, Chippewas, and Fiat- heads. Now, all members of the committee got the idea that tlie Indians were getting very little out of this $425,000. It is a splen- did organization, a good front, but the Indian did not seem to be the beneficiary, according to what the Indians said about it. 36345— PT 5—16- 18 INDIAN APPROPRIATION BILL, 1911. Mr. Mekitt. We have three physicians on the Blackfeet Keserva- tion and ha^e recently completed a hospital for those Indians. The conditions hare been bad on that reservation, but are now materially improved. Mr. Caju'bell. The complaint was almost universal, in regard to the farmers, that they never saw the farmers; that they never had any instructions from him. Some of them admitted that they had seen him ; that he came along and told them how to dig post holes, or something of that sort, but gave them no such instruction as would fee of value to an Indian who really wanted to learn how to make a liA'ing out of the soil. Mr. Norton. I will say, further, Mr. Meritt, in connection with the statement made by Mr. Campbell, that they represented to the committee here tliat these farmers spent most of their time in the efRce instead of doing field work; that they spent a good deal of their time acting as chauffeurs for the superintendent and caring for the needs of himself and his family ; that they spent a good deal of their time in doing work in the office that they thought should be done by some one else ; that the doctors spent most of their time in joy riding and hunting and fishing, instead of caring for the Indians. And these men appeared before the committee from the Blackfeet Tribe and the tribes in Minnesota and seemed to be very sincere iu their complaints. Mr. Campbell. These complaints were not voluntary. They were not a bad lot of Indians at aU. They simply admitted that these conditions existed in the reservations. Mr. Carter. They were, rather, elicited on cross-examination. Mr. Meritt. We would be very glad to have specific cases of that kind. Mr. Campbell. I think you will find it in the testimony. Mr. Meritt. Our farmers have been given specific instructions that they must get out among the Indian farmers and not remain at the agency and do clerical work. Mr. Campbell. For one, I would not feel like increasing this amount, in view of what the committee has been informed is really feeing done with this money. It was shown that everything was taken care of nicely about the homes of the employees on the reserva- tion ; the white employees had all the help they needed, but that the Indian was neglected at almost every turn; that his welfare was a matter of secondary consideration. Mr. Meritt. We have given our farmers specific instructions that they must not spend their time at the agency doing clerical work, but must get out among the farmer^-the ' Indian farmers— and show them how to farm to the best advantage. Mr. Campbell. Now, the Indians say that no such thing is done, and that they are getting— I think the question was asked what bene- fit was the Indian getting from the appropriation that is made for Keeping up the agency ? The answer was, nothing. Mr. Meritt. Well, I think an answer of that kind is entirely w rong. Mr. Campbell. Then, on cross-examination the question was asked, what is the blacksmith doing for the Indian? Well, once in a while they would admit that the blacksmith did do some little work. The question was asked, what is the carpenter doing? The answer INDIAN APPKOPRIATION BILL, 1917. 19 ■was, that they never saw him. The question asked, "What is the farmer doing? " " He never has been out to my place." " How far do you live?'' "Six miles." And so on. They stated that they never had any suggestion from hiin. They knew in a general way that there was a farmer, but they never saw him, and so on, with the doctor. And it does seem as though there is lack of organization that gets down to the results of spending this money so as to give a benefit to the party for whom it was appropriated. Mr. Meritt. I think we should measure these things by the results obtained. During the last two years the Indians have farmed from 10 to 20 per cent more land than thej^ ever farmed before. The In- dian fairs have shown a wonderful increase in the work of Indian farmers. Even at the white county fairs the Indians during the last two or three years have taken prizes in competition with the white farmers, and there has been a wonderful industrial awakening among the Indians of the country. Mr. Campbell. We had here large farmers, Indians. They had never had any sort of suggestion from this farmer, and from the way they talked about their work they could probably give information to the farmer. They seemed to know exactly what to do. They were large stock raisers. They raised a large wheat acreage and oats and had a great many cattle. Mr. Norton. One Indian who appeared here — Mr. Smith — from the Fort Berthold Indian Reservation stated to the committee that he had something like a thousand acres of crop in, as I recall it. He had a large acreage anyway. He had a thrashing machine of his own, with which he did his own work and the work of some of his neighbors, but last fall the agency were to provide a thrashing ma- chine for the Indians, and put in an order for a separator, but they did not secure that separator until long after the proper time for the thrashing, until the snow was upon the ground ; that during the time they were waiting for the separator to arrive, the Indian agency had an engine, a steam engine, and Mr. Smith was doing thrashing for the Indians generally on the reservation, and his engine broke down. He wanted to have the use of this engine from the agency, but the superintendent intelligently, it would seem— probably I should not use that term except facetiously — refused to permit him to use this engine, and as a result he was laid up with his machine for several days. That is one condition that was complained of there. Other members of the tribe with him stated that they had never seen the Indian farmer for years come out to their section of the coun- try—that is, on the Fort Berthold Indian Reservation — where, I believe, the Indians are in as high a state of civilization as any Indians in the country. Now, I would like to ask this, Mr. Meritt— I would like to have Mr. Campbell give his attention to this : Don't you think it is a fact that some of your inspectors who are long m the service become, so to say, " ossified," and do not recognize con- ditions that ought to be corrected, and that they slide over, or white- wash, conditions that ought to be reported adversely ? Mr Campbell. They write a nice report and all that without see- ing tlie farms, without seeing the farmer in connection with the In- dians, and simply gloss over the thing-. Mr Meritt We recognize that condition, and lor that reason we asked two years ago for an appropriation for six inspectors, and 20 INDIAN APPEOPEIATION BILL, 191*7. we have now in the service five new inspectors who have not hereto- fore been connected with the service. Mr. NoETON. Would it not be a pretty good plan to change these inspectors frequently? Mr. Meeitt. We have assigned them to districts, and when they are in that district so long that they can not see any faults or discover bad conditions, and have become, as you say, " ossified," so far as the work of that district is concerned, we will transfer them to some other district and have a new man go into their district. Mr. Caetee. The next amendment is No. 13, page 8, line 19 : Provided further, That no money appropriated herein shall be expended on or after January first, nineteen hundred and seventeen, for the employment of* any farmer or expert farmer at a salary of or in excess of $50 per month, unless he shall first have procured and filed with the Commissioner of Indian Affairs a certificate of competency showing that he is a farmer of actual experience and qualified to instruct others in the art of practical agriculture, such cer- tificate to be certified and issued to him by the president or dean of the State agricultural college of the State in which his services are to be rendered, or by the president or dean of the State agricultural college of an adjoining State; Provided, That this provision shall not apply to persons now employed in the Indian Service as farmer or expert farmer : And provided further, That this shall not apply to Indians employed or to be employed as assistant farmer : And provided further. Mr. Hatden. Was this amendment drafted or requested by the Indian Office? Mr. Meeitt. No, sir; it was put in the Indian bill on the motion of Senator Gronna, of North Dakota. If the amendment will be of any help in improving the personnel of the farmer service, we have no objection to it. Mr. Hatden. Will you refer to where it was discussed in the Con- gressional Eecord? Mr. Meeitt. It is discussed on page 640 of the Senate hearings and on page 5270 of the Congressional Eecord. Mr. KoNOP. You do not oppose that amendment or favor it? Mr. Meeitt. If the committee thinks it is a good item of legisla- tion, we have no objection to it. Mr. Caetee. The next amendment is No. 14, page 10, line 2, strike out the words " one permanent warehouse " and insert " three per- manent warehouses." Mr. Hayden. What is the opinion of the bureau about that amendment ? Mr. Meeitt. This item was discussed on page 169 of the Senate hearings and on page 71 of the House hearings. We feel that we should have three permanent warehouses during the next year. Two years ago Congress cut the number down from five to three, and it would be a rather radical change to cut the number still further down to one. Mr. KoNOP. Now, it seems that the Indian appropriation bill as it passed the House— that is, as it passed the committee before it went through the House — had three in, did it not ? Mr. Meeitt. The Indian bill as it passed the House carried one permanent warehouse. Mr. Caetee. The report of the committee had two, did it not ? Mr. Meeitt. I think it was made one on the floor of the House, Mr. Carter. INDIAN APPEOPKIATION BILL, 1S11. 21 Mr. Haydex. As the bill was reported to the House it contained three permanent warehouses. Mr. KoNOP. I think there was some discussion on the floor of the House wherein two of the permanent warehouses did not do much business. There was some discussion about that, and that was the reason why on the floor of the House they talked of cutting down the number to one. Mr. Carter. The next amendment is No. 15, page 11, line 7, in- creasing $8,000 to $10,000. Mr. Hayden. Why do you need an additional $2,000 for the judges of the Indian courts? Mr. Mekitt. This item will be found on page 30 of the Senate hearings and on page 95 of the House hearings. We find that these Indian judges are helpful to us in maintaining law and order on the Indian reservations, and these Indian judges keep in touch with the Indians on the reservations, and they feel that they have a part in the administration of Indian affairs. Mr. KoNOP. How much did you estimate for that? Mr. Meritt. $10,000. Mr. KoNOP. And we cut it down in the committee to $8,000? Mr. Meritt. Yes, sir. Mr. KoNOP. It seems to me that the reason for that cut was be- cause there was an unexpended balance, which indicated that you would not need more than $8,000 for the coming fiscal year. Mr. Mekitt. We will need the full $10,000 for the next year. Mr. Carter. Well, Mr. Meritt, how much did you have last year? Mr. Meritt. We had $8,000 last year. Mr. Carter. Why is it you need $2,000 more now ? We have got to have a better reason than that you just need it. Mr. Meritt. We have had $10,000 for a number of years for this work. Mr. Carter. But the mere fact that you have had it, Mr. Meritt, is not any justification. Mr. Meritt. We have requests from a number of superintendents for additional Indian judges. Mr. Carter. I notice on page 95 of the House hearings you report an unexpended balance of $702.94 out of this item. Mr. Meritt. Yes, sir. Mr. Carter. Now, that was made up on December 1, several months after the fiscal year had ended. All of the judges must have been paid by that time, so you had an actual balance of $702.94. It does not seem to me that a very good showing is made for an in- crease of $2,000. ^ . , , Mr. Meritt. The request is made for the $2,000 increase based on the requests of the superintendents for additional judges on the reservations. On some reservations we have no Indian judges now because of the lack of an appropriation. ■ j, -, o Mr. KoNOP. Wh£* do you mean by judges. Justices of the peace' Mr Meritt. Indians who are selected. to serve as judges m the Indian courts. We will be satisfied with the amount allowed by the House, $8,000. ..... .„ i- n . n Mr. Carter. The next amendment is No. 16, page 12, hne 2, strike out $90,000 and insert $100,000. 22 INDIAN APPEOPEIATION BILL^ 1M7. Mr. Hayden. What is that extra $10,000 for? Mr. Meritt. That is an appropriation for determining the heirs of deceased Indians. Discussion of this item will be found on page 256 of the Senate hearings and on page 103 of the House hearings. j\Ir. Hatden. This appropriation is for $100,000. It has only been $90,000 in the past. Mr. Meeitt. No, sir; we have had $100,000 in the past, but the House cut it down to $90,000. Mr. Hatden. You had a large unexpended balance. Mr. Meeitt. We had an unexpended balance, but we want to in- crease the force in the field, which will take up the entire appro- priation. We have at this time about 30,000 cases undetermined in • the field, and this full appropriation can be used. This is not a gratuity appropriation. It is reimbursable, and the Indians them- selves pay for this work. Mr. Caetee. Well, it is an appropriation to be reimbursed, and it is reimbursed at a certain per capita ? Mr. Meeitt. Yes, sir ; and we find that the cases determined by this force are sufficient to cover the expense. We would also like to have out of this appropriation $25,000 instead of $20,000 available for office work. Mr. Hatden. That is amendment No. 17? Mr. Meeitt. Yes, sir. That will make the work more balanced. Mr. Caetee. That is really an appropriation over which this com- mittee has no jurisdiction. Mr. Meeitt. This committee has taken jurisdiction over this mat- ter for two or three years. Mr. Caetee. But that appropriation really ought to go to the Committee on Appropriations. Mr. Hatden. I suggest that in your estimate next year you take it to the Committee on Appropriations and leave it out of the Indian bill. Mr. Caetee. The next amendment is No. 18, page 12, line 7. strike out $90,000 and insert $100,000. The next is No. 19, page 12, line 11, strike out the word "heir" and insert the word "heirs." The next is amendment No. 20, page 12, line 12, insert the words " of the value of $250 or more, or to any allotment." Mr. Meeitt. We do not want to charge a fee of $15 for determin- ing the heirs to property that is not worth more than $250. Mr. Caetee. Amendment No. 21, page 13, line 2, "regardless of their competency." Mr. Meeitt. tinder the act of June 25, 1910, section 1 (36 Stat. L., 855, 856), we are not permitted to partition an estate wherever the heirs are incompetent, and we would like to have that legislation amended. Mr. Caetee. This just gives you the right of partition where the heirs are incompetent? Mr. Meeitt. Yes, sir; or where some of them*' are competent and some are incompetent. Mr. Caetee. The next is amendment No. 22, page 18, line 7, " or order of extension of the trust period set out in said patent." What justification have you for that, Mr. Meritt ? Mr. Meeitt. That is necessary for the reason that we have ex- tended the trust period on allotments on some of the reservations. INDIAN APPROPRIATION BILL, 1917. 23 The President, under the act of June 21, 1906 (34 Stat. L., 326), ha;-: authority to extend the trust period, and it is for the purpose of including those allotments within this legislation. Mr. Carter. You want the trust period to terminate not according to the terms of the original patent but in accordance with the period set out in the extension of the patent ? Mr. Meritt. Yes, sir; to place all the allotments on the sairn? basis. Mr. Carter. The next is amendment No. 23, page 13, line 11, in- creasing the amount from $300,000 to $400,000. What justification have you for that? Mr. Meritt. This item ^Yas discussed on page 34 of the Senate hearings and on page 107 of the House hearings. This appropria- tion is for the purpose of encouraging industry and self-support among the Indians. It is reimbursable. We estimated for $500,000; the House cut it down to $300,000, and the Senate committee allowed $400,000. We would like to have at least $400,000. We use this appropriation for purchasing cattle for Indians, for buying farming implements for them. It is one of the most important items in the Indian bill for getting the Indians started on their allotments. Mr. Carter. Last year you had $600,000. Mr. Meritt. Yes, sir. Mr. Carter. And out of that you had an unexpended balance of $32,000. Mr.. Meritt. There was a small unexpended balance. Mr. Carter. Mr. Meritt, can you give the committee any informa- tion as to how far this is going in the way of costing the Govern- ment ? Mr. Meritt. I think that this is one appropriation that will ulti- mately reduce the gratuity appropriations by Congress. Mr. Carter. But ultimately — can you give the committee any idea as to the time we are going to be called on to keep appropriating this large sum for industrial work ? Mr. Meritt. I think we ought to keep on making these appropria- tions for a number of years to come, so that every Indian Mho lias been given an allotment may have some farming equipment so tliat he can cultivate his allotment. Mr. Carter. This is not only farming equipment, but it is used principally for buying tribal herds. Mr. Meritt. That has been the use hei'etofore, but herenfter a very much larger part will be used for buying farming imi>lements for individual Indians. Mr. Hatden. In other woi'ds, you have completed the purchase of tribal herds? Mr. Meritt. We have not completed it, but we have bought tribal herds where they are most urgently needed on the reservations. , Mr. Carter. Now, $567,000 was expended in 191.5, and I notice $421,000 was expended for live stock. Mr. Mef.itt. Yes, sir. Mr. Carter. And only $67,000 for machinery, etc. How many more of these tribal herds does the bureau contemplate purchasing? Mr. Meritt. We do not expect to buy very many more tribal herds. ' Mr. Carter. But how many ? 24 INDIAN APPEOPEIATION BILL^ 191'?. Ml. Meeiti'. There is need for three or four tribal herds, I should say; and after that we can devote more money to the individual Indians. Mr. KoNOP. Now, Mr. Meritt, on page 100, right in this connection, I want to ask you something about that amendment No. 142, for the purchase of pure-bred dairy cattle for the Oneida Indian School, Wisconsin, $10,000. Don't you usually take that money for the Oneida Eeservation out of the lump-sum appropriation ? Mr. Meritt. We did not ask for that amendment on page 100, amendment No. 142. That was put in by the Senate without our request. Mr. KoNOP. What is your opinion about that amendment ? Mr. Meritt. If the committee wants to give us the appropriation, we can use it to advantage on the reservation. Mr. Carter. The next amendment is No. 34, page 14, line 17 : That whenever it shall appear to the ^satisfaction of the Secretary of the Interior that the allotted lands of any Indian are arid but susceptible of irri- gation and that' the allottee, by reason of old age or other disability, can not personally occupy or improve his allotment or any portion thereof, such lands or such portion thereof, ma.y be leased for a period not exceeding ten years, under such terms, rules, and regulations as may be prescribed by the Secretary of the Interior. Mr. Hatden. This committee has favorably reported a bill intro- duced by Mr. Dill, which is now on the House Calendar, covering this identical language. Mr. Meritt. You will find this item discussed on page 5747 of the Congressionad Kecord. I think this legislation would be very helpful to the Indians on reservations where we have irrigable land. Under e'^isting law we can not lease it for a longer period than five years, and some of the tenants will not go on the land and level it and get it in good condition for a short leasing period. We feel it would be helpful both to the white tenants on Indian lands and to the Indians themselves to be allowed to rent the lands for a longer period than five years. Mr. Hatden. My only regret is that the amendment does not go further and allow the leasing of allotments under Indian irrigb,tion Erojects where the allottee is physically able to do the work but is too izy to do it, thus allowing areas of land to remain idle without contributing anything toward the upbuilding of the project. It seems to me that the way to handle that situation would be to lease that kind of an allotment, and instead of giving the lazy Indian the money, use it for the benefit of the tribe. Mr. KoNOP. WTiy not strike out the phrase " by reason of old age or other disability '' ? Then it would cover any case. Mr. Hayden. We have to go further than that and provide in the cases I have mentioned that the Indian should not get the money, because it is very bad policy to lease an allotment and give the Indian the money without his doing any work. It is bad for the Indians. Mr. Dill. Please give the committee your view in regard to amend- ment 24 on page 14 of the bill, which reads : That whenever it shall appear to the satisfaction of the Secretary of the Interior that the allotted lands of any Indian are arid but susceptible of irri- gation and that the allottee, by reason of old age or other disability, can not personally occupy or improve his allotment or any portion thereof, such lands or INDIAN APPEOPEIATION BILL^ 1911. 25 <3uch portion thereof may be leased for a period not exceeding 10 years under such tei-ms, rules, and regulations as may be prescribed by the Secretary of the Interior. Mr. Meritt. We are in favor of that legislation and think it will be very helpful to us in leasing irrigable lands. Mr. Dill. You recommended that legislation and the committee reported the bill, and it is now on the calendar of the House ? Mr. Meritt. Yes, sir. Mr. Dill. The bill I originally introduced was sent to the Indian Bureau and the Indian Bureau recommended that it be amended to practically this form, and we complied with that recommendation and reported it out of the committee. Mr. Meritt. Yes, sir. The bureau will be very glad to secure the legislation, and we think it will be very beneficial to the Indians. Mr. Carter. The next amendment is No. 25, page 15, line 15 : That section two of the act approved March second, nineteen hundred and seven (Thirty-fourth Statutes at Large, page twelve hundred and twenty-one), entitled "An act providing for the allotment and distribution of Indian tribal funds,-" be, and the same is hereby, amended so as to read as follows : " That the pro rata share of any Indian who is mentally or physically incapa- ble of managing his or her own affairs may be withdrawn from the Treasury in the discretion of the Secretary of the Interior and expended for the benefit of such Indian under rsuch rules, regulations, and conditions as the said Secre- tary may prescribe : Provided, That said funds of any Indian shall not be with- drawn from the Treasury until needed by the Indian and upon his application and when approved by the Secretary of the Interior." Mr. Mekitt. Mr. Chairman, this item is discussed on page 130 of the House hearings and page 539 of the Senate hearings. It is very beneficial legislation, and it is legislation that we have been trying to get for a number of years. Under the act of March 2, 1907 (34 Stat. L., 1221), at this time we can pa}' to competent Indians and also to old and decrepit Indians their pro rata share of tribal funds, but to the noncompetent able-bodied Indians we have no authority to pay out their share of the funds in the Treasury of the United States. We feel that we should treat all the Indians alike. Noncompetent able-bodied Indians can make good use of this fund on their allot- ments, and we should not have our hands tied so that we can not pay them money to their credit in the Treasury. Mr. Carter. Mr. Meritt, what do you intend to do? What you want us to do is to permit you to pay the funds out to the able-bodied Indians also? Mr. Meritt. Yes, sir. Mr. Carter. Does this language do that? Mr. Meritt. Yes, sir. Mr. Hayden. It says " mentally " incapable. Mr. Carter. It says " mentally or physically incapable." Mr. Meritt. That would cover noncompetent but able-bodied In- dians. That would reach a class we can not reach under existing law. Mr. KoNOP. Under existing law you can pay out to the competent ones? Mr. Meritt. Yes, sir. Mr. KoNOP. But you want to use the money, for the benefit of the incompetent ones ? , , , . , Mr. Meritt. Yes, sir. This legislation would not apply to_ the Five Civilized Tribes or the Osage Indians or the Chippewa Indians. There is special legislation applying to them. 26 INDIAN APPEOPKXATION BILL, 1917. Mr. KoNOP. Do I understand that under the general law now, if there is an incompetent Indian anywhere, you can not use his funds now in the Treasury for his benefit? Mr. Meeitt. Yes, sir. Mr. KoNOF. So this provision would give you that power ? Mr. Meeitt. Yes, sir. Mr. Caetee. The next is amendment No. 26, page 16, line 5: For reimbursing Indians for live stociv wliich has been lieretofore or which may be hereafter destroyed on account of being infected with dourine or other contagious diseases, and for expenses in connection with the work of eradi- cating and preventing such diseases, to be expended under such rules and regu- lations as the Secretary of the Interior may prescribe, $100,000, said amount to be immediately available and to remain available until expended. What page of the Senate hearings is that discussed on ? Mr. Meeitt. Page 613. This item was included in our estimates, and it is for the purpose of taking care of stock afflicted with dourine. It is discussed in the House hearings beginning on page 137. We very much need this appropriation. Mr. NoETON. I think the appropriation is all right. In reading the hearings in the Senate it seemed that some of the gentlemen dis- cussing the matter seemed to be of the opinion that dourine was a disease of cattle. Of course that is not so. It is a disease of horses. Mr. KoNOP. I do not know about this. There was nothing pro- vided in the House bill at all for this purpose, was there ? Mr. Meeitt. We requested this appropriation before the House committee, but I believe that the House bill did not carry the item. Mr. KoNOP. Do you propose, if there is any stock or horses that die from these contagious diseases, that this money should be spent to replenish the herds, to buy new horses? Mr. Meeitt. No, sir. Where an Indian horse is afflicted with this dourine, of course that horse may transmit the disease to other In- dian horses ; and we intend to destroy that horse and reimburse the Indian. Mr. Hatden. This is in line with the appropriations made in the Agricultural appropriation bill for the destruction of disensed animals. Mr. Meeitt. Yes, sir ; and we are cooperating with the Department of Agriculture, but they have no funds to enable them to pay for horses killed on Indian reservations. Mr. Caetee. The next amendment is No. 27, page 16, line 13 : For the payment to Cliarles .1. Kappler for the work of eompiliug, annotating, and indexing the third volume of Indian Laws and Treaties, the sum of .$2,000. Mr. Hayden. What about that? _Mr. Meeitt. We did not ask for that item, Mr. Chairman. The discussion of it appears on page 497 of the Senate hearings. Mr. KoNOP. Wlio requested Mr. Kappler to compile this volume? Mr. Meeitt. Mr. Kappler at one time was clerk of the Senate Committee on Indian Affairs, and he compiled two volumes of the laws and treaties, and it is for the purpose of bringing up to date the Indian laws that this third volume was compiled. I believe it was done at the suggestion of at least one member of the Senate Com- mittee on Indian Affairs. INDIAN APPBOPKIATION BILL, 1917. 27 Mr. Norton. Now, Mr. Meritt, this book is not copyrighted, Kap- pler's Laws and Indian Treaties? Mr. Meritt. No, sir. Mr. Norton. Does he derive any revenue from the sale of this work? Mr. Meritt. I believe that the volume may be obtained from the Government Printing Office, the superintendent of documents, for $3 a volume. Mr. Hayden. But Mr. Kappler does not get any royalty out of it, does he? Mr. Meritt. I do not think so. Mr. Hayden. All Mr. Kappler would get is the $2,000? Mr. Meritt. That is my impression. Mr. Norton. When Mr. Kappler prepared this work was he clerk of the Committee on Indian Affairs, receiving compensation for that service ? Mr. Meritt. No, sir; certainly not when he prepared this last volume. He has been practicing law in this city. He has not been connected with the Senate Committee on Indian Affairs for quite a number of years. Mr. Norton. I do not see any proper justification for that item. Mr. Carter. This committee has no jurisdiction over it. The Committee on Printing has jurisdiction of that. Mr. KoNOP. It would appear from that memorandum on pages 497 and 498 that he was really requested to do this. Mr. Norton. Do you know any reason why this should be paid to Mr. Kappler? Mr. Meritt. I believe that Mr. Kappler should receive some com- pensation for the work performed. The volume is extensively used by members of the House and Senate Indian Committees, as well as by the Indian Office and employees of the Indian Service, and we find it is very helpful to have these laws and treaties compiled. Mr. Carter. It is a good thing, and he ought to be paid, but what he ought to do is to go to the proper committee for it. Mr. Norton. Mr. Meritt, do you know, so that you can inform this committee, whether Mr. Kappler prepared this work for the members — for members of Congress — while he was not employed by the Government? Mr. Meritt. He was not employed by the Government at the time he compiled this work. Mr. Norton. That does not so appear in the hearings. Mr. KoNOP. He was employed by the Government when he com- piled the first two volumes. ISTow they want him to compile a third volume and biing the laws down to date. Mr. Carter. When was he clerk of the Senate Committee on Indian Affairs? Mr. Merit r. Probably 10 years ago. Mr. Carter. When did he begin this compilation of laws and trG3.tl6S ^ Mr. Meritt. In 1904, I believe, was when it was piinted. This volume, however, was compiled within the last two or three years, and Mr. Kappler was not in any way connected with the Government service. 28 INDIAN APPROPRIATION BILL, 191'7. Mr. Carter. The next amendment is No. 28, page 16, line 16 : Section nine of the act of March third, eighteen hundred and seventy-five (Eighteenth Statutes at Large, page four hundred and fifty), is hereby amended so as to read as follows : "That hereafter all bidders under any advertisement published by the Com- missioner of Indian Affairs for proposals for goods, supplies, transportation, and so forth, for and on account of the Indian Service, whenever the value of the goods, supplies, and so forth, to be furnished, or the transportation to be performed, shall exceed the sum of $5,000, shall accompany their bids with a certified check, draft, or cashier's check, payable to the order of the Com- missioner of Indian Affairs, upon some United States depository or some one of such solvent national banks as the Secretary of the Interior may designate, or by an acceptable bond in favor of the United States, which check, draft, or bond shall be for five per centum of the amount of the goods, supplies, trans- portation, and so forth, as aforesaid ; and in case any such bidder, on being awarded a contract, shall fail to execute the same with good and sufficient sureties according to the terms on which such bid was made and accepted, such bidder, or the sureties on his bond, shall forfeit the amount so deposited or guaranteed to the United States, and the same shall forthwith be paid into the Treasury of the United States ; but if such contract shall be duly executed, as aforesaid, such draft, check, or bond so deposited shall be returned to the bidder." Mr. Hatden. Does the bureau ask for this legislation? Mr. Meritt. Yes, sir ; and it is justified on page 618 of the Senate hearings. We are simply asking that the act of March 3, 1875 (18 Stat. L., 450), section P, be broadened so that we may accept bond or cashiers' checks. Under existing law bidders hesitate to put up certified checks to be held for several weeks, and if we have this law we would .probably get more bids on Indian goods. Mr. Campbell. Now, if the committee has no objection, Mr. Hay- den and Mr. Hernandez are more f amilitar with New Mexico, and I suggest that we let them get through with Mr. Meritt first. Mr. Carter. The next amendment is No. 29, page 18, line 4, strike out the words " in all, $131,900," and insert " for the purchase of land adjacent to the school property, $3,500; in all, $135,400." Mr. Hatden. What justification have you for that, Mr. Meritt? Mr. Meritt. The discussion of this amendment appears on pages 123 and 124 of the Senate hearings. We want to buy some additional land for the school farm at Phoenix. There is an available tract of land that we can buy to advantage and we would like to have this small appropriation for that purpose. Mr. Hayden. Is this the land that Superintendent Brown re- quested the bureau to purchase? Mr. Meritt. Yes, sir. Mr. Hayden. What are you going to use that land for ? Mr. Meritt. For a school farm. Mr. Hayden. In addition to the school farm? Mr. Meritt. Yes, sir. Mr. Hayden. You think it desirable that this appropriation be included in the bill? Mr. Meritt. Yes, sir; we need this appropriation for that school. We are trying to emphasize industrial features at all of these non- reservation schools, and if we have this land it will enable us very materially to increase our industrial work there. We can also raise products for the schools. Mr. KoNOP. How many acres are there in this tract ? INDIAN APPEOPEIATION BILL, 1911. 29 Mr. Meritt. Less than 10 acres. It is irrigable land, right near the city of Phoenix. Mr. Hayden. It is $350 an acre? Mr. KoNOP. Isn't that a pretty big sum of money to pay per acre? Mr. Meritt. Land adjoining the city of Phoenix — irrigable land- is very high. Some of it is worth anywhere from $300 to $500 an acre. Mr. KoNOP. Do you think it is a good business proposition to pay $350 an acre for 10 acres of land? Mr. Meritt. I think that we can make good interest on the invest- ment on this land. Mr. Carter. Mr. Hernandez, do you want to ask any questions? Mr. Hernandez. Not on this item. Mr. Norton. That is 10 acres of land involved here? Mr. Meritt. Something less than 10 acres. Mr. Hatden. It does not appear in the Senate hearings — anything more than a mere mention of the matter. I wish you would put in the record what justification you have for the purchase. You merely made a request and it was acceded to by the Senate committee. Mr. Meritt. The justification for purchase of additional land for the Phoenix school is as follows: This school for 700 pupils has a farm of 240 acres. Much of it has an adobe soil so heavy that it is unsuited for the culture of vegetables needed for the proper and economical support of the pupils. The superintendent has a verbal assurance for the purchase of a 9-acre tract of land adjoining the northeast corner of the school farm and between the school farm and the irrigation canal. This tract has a lighter soil, which is better suited to farming and garden- ing. It has a small cottage with trees about it, making an ideal loca- tion for the gardener's cottage, this employee to have charge of the orchards and gardens located in the northeast corner of the present school farm. This tract is now on the market, and its estimated cost is $3,500, or less than $400 per acre. The statistical table of 1915 shows 160 acres of the present irrigated school farm valued at $800 per acre. Mr. Carter. What about amendment No. 30, changing the spelling of the name " Truxton " for " Truxtun " ? Mr. Mekitt. That change was made at the suggestion of Senator Lodge, page 5394 of the Congressional Eecord. Our spelling of that name is " Truxton." Mr. Hayden. If we change the spelling, will the money go to the same school ? Mr. Meritt. I think it would be better to have it in accordance with our estimates. Mr. Carter. The next amendment is: No. 31, page 18, line 14, strike out " $10,000 " and insert " $1,500." Mr. Hayden. In the estimate you asked for $20,000. Mr. Meritt. Yes, sir. Mr. Hayden. But when we came to consider the matter before the committee we reduced it to $10,000, because, as shown in your justification, you were not irrigating all of the lands that were available for irrigation. That was our reason for making that change. Now, why do you think it ought to be increased ? 30 INDIAN APPEOPKIATION BILL^ 1917. Mr. Meeitt. The discussion of this item is found on page 47 of the Senate hearings and on page 154 of the House hearings. We asked for our estimate before the Senate committee, but they allowed only $15,000. We are doing some splendid work along irrigation lines, as you know, Mr. Hay den, on this reservation, and the men in charge of the work thought we could use $20,000, and they requested that much. Mr. Hatden. I haven't any doubt about your ability to use the money, but it seems to me this rule ought to be followed in all irri- gation. Congress ought not to appropriate additional sums to continue work when you are not making full use of the work that has already been done. When you make estimates hereafter for Indian irrigation you should make a showing each time why you need the additional money, particularly in case you have not irrigated all the land under canals at the present time. Mr. Mekitt. We will try to get along with the amount allowed by the House, Mr. Hayden. Mr. Caktbe. The next is amendment No. 32, page 18, line 16, strike out " $20,000 " and insert " $25,000." That is a reimbursable item. The next amendment is no 33, page 19, line 25, strike out the words " and to remain available until expended." What was that for, Mr. Meritt ? _ Mr. Meeitt. This was an irrigation appropriation and we wanted this appropriation to remain available until expended, for the reason requested in connection with the general appropriation. But this construction work must always be done within the fiscal year in which it is authorized. Mr. Hatden. Mr. Meritt, why did the Senate change this lan- guage? Mr. Meritt. Senator Smoot, on the floor of the Senate, objected to these items being continued beyond the fiscal year. (Page 5395, Congressional Eecord.) Mr. Hatden. But a number of other appropriations are made available until expended Mr. Meritt. He said that, as a general rule, it was bad legisla- tion, and he thought we ought to limit the appropriations to the fiscal year in which they were made. Mr. Hatden. When this item was reported from our committee the language "to remain available until expended" was included. It passed the House that way and went out on a point of order made by Senator Smoot in the Senate. Mr. Meritt. We would like to have our estimate in the item as carried in the bill as it passed the House. Mr. Hatden. For the same reasons as have been gi^^en for all other irrigation items? Mr. Meeitt. Yes, sir. Mr. Carter. The next is amendment No. 34, page 20, line 3 : For tlie construction, by the Indian Service, of a dam with a bridge super- structure and the necessary controlling works for diverting water from the Gila River for the irrigation of Indian land and Indian allotments on the Gila Kiver Indian Reservation, Arizona, as recommended by the Board of En-'i- neers of the United States^ Army In paragraph two hundred and seventeen of Its report to the Secretary of War February fourteenth, nineteen hundred and fourteen (House Document Numbered Seven hundred and ninety-one) $200 000 to be immediately available and to remain available until expended r'eim- INDIAN APPROPRIATION BILL, 1917. 31 bursable as provided in section two of the act of August twciuy-foui-tli nine- teen l\undi-ed and twelve (Tliirty-seventli Statutes at Large, iiaup five hundred «nd twenty-two). Mr. Hayden. What is the justification for that? • Mr. Meritt. The justification is found beginning on page 181 of the Senate hearings, and beginning on page 175 of the House hearings. Mr. Hayden. This M'as an item originallj' included in the estimate of the department. Mr. Meeiit. Yes, sir. Mr. Hayden. This committee reduced the amount of the estimate from $200,000 to $75,000, and changed the language to read "for commencing the construction," and so forth. That item is found on page 176 of the bill as reported by the committee and went out on a point of order in the House. The only matter in controversy between this committee and the Senate is whether the entire amount ought to be appropriated or whether you can get along with a sum to commence the work and then obtain an appropriation at the next ses'Son of Congress to complete the dam. What have you to say on that point? Mr. Meritt. We would prefer, of course, to have the entire amount available for next year, because we feel that we can do cheaper con- struction work if the entire appropriation is available, rather than have it appropriated in small amounts. Mr. Hayden. But, as a matter of fact, you could get along if part of the money were allowed and the balance appropriated next December. Mr. Meritt. Yes, sir. Mr. KoNOP. How is this reimbursable, Mr. Meritt ? Mr. Meritt. These Indians have quite a large reservation, and the lands of course are valuable, and ultimately the surplus lands will be disposed of, and the proceeds from the sale of those surplus lands will go toward reimbursing the Government for any moneys advanced for the benefit of those Indians. Mr. KoNOP. Will any of this land that is benefited by this irriga- tion system contribute toward the payment? Mr. Meritt. It will be reimbursed as a tribal proposition, rather than be a charge on the individual allotments. Mr. Hayden. The act to which reference is made here provides that if the Indian receives a patent in fee for his land, and then sells his land, that the charge construction remains against it, so that the purchaser Avill have to pay out any balance due to the United States? Mr. Meritt. Yes, sir. Mr. Hayden. In pursuing your allotment policy you intend to give fee patents to the competent Indians on this reservation. When he obtains his patent and becomes a citizen, he is at liberty to sell his land ; but if he has not paid the amount due, the purchaser will be required to pay it? Mr. Meritt. Yes, sir. Mr. Norton. How is it that the House did not pass favorably on this $200,000? • Mr. Hayden. The House committee passed favorably on $75,000 to commence the work, with a limit of cost of $200,000.' Now. Mr. 32 INDIAN APPKOPRIAXION BILL, 1911. Meritt, this appropriation is based on the same estimate made for the item found on page 16 of the bill as reported to the House, is it not ? The House Committee on Indian Affairs reported to the House an item appropriating $75,000 to begin construction of this dam within a limit of cost of $175,000. Mr. Mehitt. This item, as amended, reads : For beginning the construction by tlie Indian Service of a dam and the necessary canals and other irrigation works, and the purchase of rights of way and other property rights, and doing all things necessary for beginning the carrying out of a project to Irrigate Indian lands on the Gila River Indian Reservation and private and public lands in Pinal County, Arizona, said dam to be built at a site above Florence, Arizona, $175,000, to be immediately available and to remain available until expended: Provided, That the water, diverted from the Gila River by said dam shall be distributed by the Secretary of the Interior 'to the Indian lands of said reservation and to the private and public lands in said county in accordance with the respective rights and priorities of such lands to the beneficial use of said water as may be determined by agreement of the owners thereof with the Secretary of the Interior or by a court of competent jurisdiction : Provided further, That the construction charge for the actual cost of said dam and other works and rights shall be divided equitably by the Secretary of the Interior between the Indian lands ancfthe private and public lands in said project ; and said cost as fixed for said Indian lands shall be reimbursable as provided in section two of the act of August twenty-fourth, nineteen hundred and twelve (Thirty -seventh Statutes at Large, page five hundred and twenty-two) ; but the construction charge as fixed for the private and public lands in said county shall be paid by the owner or entryman in accordance with the terms of an act extending the period of payment under reclamation projects, approved August thirteenth, nineteen hundred and fourteen (Thirty- eighth Statutes at Large, page six hundred and eighty-six) : And provided further. That said project shall only be undertaken if the Secretary of the Interior shall be able to make or provide for what he shall deem to be satis- factory adjustments of the rights to the water to be diverted by said dam or carried in said canals, and satisfactory arrangements for the inclusion of lands within said project and the purchase of property rights which he shall deem necessary to be acquired, and shall determine and declare said projects to be feasible. Mr. Haydbn. Based upon your estimate. This item went out on a point of order made by Mr. Borland of Missouri. The Senate has reinstated the item, except that the full amount is appropriated, $175,000, instead of $75,000 for beginning the work. I would like to ask in this connection whether it is necessary to have the full amount at this time, or whether you can get along with a part of it to begin the work. Mr. Meeitt. We can get along with a part of it, Mr. Hayden. We would prefer, of course, to have the full appropriation, but we can get along with part of the appropriation at this time. Mr. Hatden. I notice that there is some difference in the language. On line 18, page 35, the original bill provided that this matter should be determined by a court of competent jurisdiction. Do you prefer to allow the Secretary of the Interior to make an arrangement with- out going into court, if you can ? Mr. MiDEiTT. Yes, sir. Mr. Hatden. You think that is an improvement? Mr. Meritt. Yes, sir ; we are very anxious that this item shall be included in the bill exactlj^ as it is drawn. Mr. Hatden. This is more satisfactory to you than the House provision was? Mr. Meritt. Yes, sir. INDIAN APPEOPBIATION BILL, lOl"?. 33 Mr. Hatden. You have added a further provision on page 22, beginning at line 9, which was not in the House bill, to the effect that the project shall only be undertaken if the Secretary is satis-. fied that proper arrangements can be made. Mr. Meritt. Yes, sir; that is for the purpose of securely protect- ing the interests of the Indians. I would like to include in the hearing a letter from the Secretary of the Interior to the chairman of the Senate Committee on Indian Affairs regarding this item. Mr. Carter. Without objection, that will will be done. Mr. Meeitt. The letter reads as follows : Depabtment of the Interior, Washington, February 24, 1916. Mt Dear Senator: Further consideration lias been given tlie amendment to the bill H. R. 10385 introduced in the Senate of the United States February 7, 1916, Intended to be proposed by you, providing for the construction by the Indian Service of a dam and necessary controlling works across the Gila River near Florence, Ariz. The proposed amendment is similar to the amendment referred to me by the chairman of the Committee on Indian Affairs of the House of Representatives of the United States under date of December 24, 1915, which was reported upon by me under date of January 21, 1916. The changes suggested in my report have been included in the amendment now under consideration. Since the submission of the report of January 21, 1916, the matter has been the subject of informal conference between representatives of this department and the Department of Justice, and it has been concluded that it would be a mis- take, as far as the interests of the Indians and the United States in their behalf are concerned, to consider the building of this dam and necessary controlling works as an entity ; and that if It should be appropriated for as such, the in- terests of the Indians would not only fail of being benefited, but adverse in- terests might be strengthened to such an extent that f uure developments in the Gila River Valley would be financially impracticable. It has also been concluded that it would be of questionable propriety to undertake the expenditure of such a sum of money as is involved in the con- struction of the dam and necessary controlling works without suitable provision for the Government to receive the benefits of the public funds expended. I am advised that the dam site is upstream about 20 miles from the irrigable lands of the Indians for which it is proposed to divert a water supply, and by re- ferring to the proposed amendment it is seen that there is no provision made for conducting the water to the Indian lands from the dam site. Consequently it is very apparent that under its provisions no actual benefit would accrue to the Indians without further appropriation of funds to construct a canal necessary to conduct water to the Indian lands ; further, that the construction of the dam and the diversion of water thereby, and the subsequent use of such water upon lands in private ownership would so change existing conditions that as a practical matter the rights used by and needed for the Indians would be difficult of proper adjustment, and, as before mentioned, such action would probably prevent the ultimate development of the San Carlos storage project. In view of these conclusions, the amendment as proposed does not meet my approval, and I recommend that it be not favorably considered by your com- mittee or the Congress. That a permanent diversion dam is an imperative necessity for the sub- stantial development of that part of the State of Arizona is apparent from even a general understanding of the location and nature of the stream. Used in connection with a canal carrying water to the Indian reservations, the water supply for both Indian and white lands south of the river would be diverted at the same point, and during the time of low-water fiow all of the water which under existing conditions appears to be lost in seepage between the dam site and the reservation would be saved, which is a matter of great im- portance to the Indians. If such a dam be appropriated for as a part of a project intended to be complete in itself and independent of the proposed San Carlos storage dam, in which the Indians would be provided for and by which 36345— PT 5—16 3 34 INDIAN APPKOPBIATION BILL, W11. they would secure their due proportion of the benefits, It would meet my ap- proval. By reference to the report of the Board of Engineer Officers of the United States Army (H. Doc. 791, 63d Cong.), It is found that the work therein recommended and suggested is described in general terms only, and additional investigations toward the preparation of detailed estimates, plans, and speci- fications have been in progress, the results of which have not yet been filed. Therefore just what will be the ultimate development of the project of which this dam should be considered only a part, can not be stated, but it is under- stood to involve in addition to this dam a canal to convey water therefrom to the Indian lands on the south side of the river, about 20 miles below, and the construction of the necessary distribution system for said lands, the con- struction of a dam across the Gila River near Sacaton for the diversion of water to Indian lands on each side of the river and the extension of the existing Indian distributing system, and also the determination of what lands should be included within the project and negotiations with respect to water rights and* repayments of the costs. These are items which would constitute the flood-water system now under consideration, which as mentioned does not involve the construction of the San Carlos Dam, but which, of course, would be ready for inclusion in the larger project, should it be provided for later. With this preliminary understanding, and in view of the delicate situation existing with respect to claims for water rights on behalf of the various par- ties in interest, a somewhat rough redraft of the amendment has been made and is herewith submitted by way of suggestion. This redraft was drawn with the idea of conforming as closely as possible to the amendment proposed by you. It enlarges the scope of the proposed agreement to show that the con- struction of the dam should be considered only as part of the work necessary so that the Indians will get some benefit by the expenditure of money to be provided. It provides that the water developed by the dam shall be distributed as may be determined by agreement or by a court of competent jurisdiction; also for the apportionment of construction charges and reimbursement to the United States of the costs of the project. It contains an additional proviso which I believe to be essential in any legislation affecting irrigation in this locality on the Gila River, to the effect that the project shall only be undertaken if the Secretary of the Interior shall be able to make or provide for what he shall deem to be satisfactory adjustments of the rights to the water to be diverted by said dam or carried in said canals, and satisfactory arrangements for the inclusion of lands within said project and the purchase of property rights which he shall deem necessary to be acquired, and shall determine and declare said project to be feasible. The situation is such now that I feel it would be a serious mistake to make appropriations of money for this work without such legislation giving the Secre- tary of the Interior authority to make such negotiations and settlements of conflicting claims to water as he may determine to be necessary to insure the feasibility of the project. It is possible that he could take the action set forth in the proviso above were it omitted from the amendment, but without it there would probably be a great delay in negotiations and much loss of time in corre- spondence and reporting, and possibly loss of money by innocent investors in lands which may or may not be found to come within the benefits of the work proposed. The provision that the water shall be distributed as may be determined by agreement with landowners has been added to the provision in the amendment which is the subject of this report, which required that the water shall be dis- tributed as may be determined by a court of competent jurisdiction. The claims to water at this point are conflicting; there are claims inchoate as well as the Indian claims affecting the quantity of water available for distribution at this point. Were the construction of this dam to be arbitrarily deferred until the determination by a court of competent jurisdiction of the respective rights and priorities of claims to water from the Gila River, there is no telling when any benefit would accrue to anybody by the appropriation, and it is believed that just as satisfactory settlements can be made if the draft of legislation which I am sending you be enacted in lieu of that proposed. 1 recommend that the draft of legislation herewith proposed as a substitute amendment re- ceive the favorable consideration of your committee and the Congress. Cordially, yours, Franklin K. Lane, Secretary. Hon. Henkt F. Ashtjest, Chairman Committee on Indian Affairs, United States Senate. INDIAN APPEOPEIATION BILL, 1917. 85 Mr. Carter. The next item is amendment No. 36, line 18, page 22, strike out the words " for maintenance and operation of the Ganado irrigation project on the Navajo Indian Reservation, in Arizona, $3,000, to be reimbursable and remain available until expended," and insert : For extension of the Ganado Irrigation project on tlie Navajo Indian Reserva- tion in Arizona for tlie irrigation of approximately six hundred acres of land In addition to the area to be irrigated by said project, as authorized in section two of the act of August twenty-fourth, nineteen hundred and twelve, $20,000 ; and for maintenance and operation of the project, $3,000; in all, $23,000, to remain available until expended. Mr. Hatden. Your original estimate was $23,000 for this work, and for the same reason, as stated before, this committee on the showing made did not feel justified in allowing the $20,000. I un- derstand that since that time you have submitted a further estimate to the Senate showing a justification for the $20,000. Mr. Meritt. We submitted a justification to the House committee, and it is found on page 182 of the House hearings. We also dis- cussed the item before the Senate committee, and that is found on page 52 of the Senate hearings. Under the item as passed by the House we would not be able to do any additional construction work, but simply maintain the project. Mr. Hatden. You think this addition is necessary ? Mr. Meritt. We feel that we can enlarge the project with some advantage to the Indians sufficient to justify us in asking for this appropriation. Mr. Konop. Mr. Meritt, I notice that in the Senate substitute the word " reimbursable " is omitted. Wouldn't that be a reimbursable item ? Mr. Meritt. We would be glad to see the item reimbursable. Mr. KoNOP. You would suggest an amendment to the Senate pro- vision, wouldn't you? Mr. Meritt. I would suggest on page 23, line 3, after the amount $23,000, that the words be inserted " to be reimbursable, and." Mr. KoNOP. I was wondering whether or not in the hearings we could not insert, pertaining to some of these things, just what was said in the Senate hearings — insert that as part of our hearings. Mr. Hatden. That is what he is going to do in this case. Mr. Meritt. I had been referring to them. Mr. KoNOP. But some of these things are on page 400 and someof them are on page 100. I think if those justifications could be in- serted in our hearings at the point they refer to it would be easier for us to handle the matter on the floor of the House. Mr. Meritt. I will prepare a short justification for each one of these amendments, if that is agreeable to the committee. Mr. KoNOP. Why not cut out of the Senate hearings the pages that refer to each item? Mr. Meritt. The hearings in the Senate cover 600 pages. Mr. Konop. I do not mean with reference to all of them, but some of the important ones. It would help us a good deal, and also refer to the justification — to the page in the Senate hearings. Mr. Meritt. Very well. Mr. Norton. Mr. Meritt, I notice in the Senate hearmgs that Sena- tor Curtis says he thinks this tribe of Navajo Indians should be 36 INDIAN APPROPRIATION BILL, 1917. assisted, because they have always been self-supporting. Do you think that is a good argument to give this $23,000 as a gratuity ? Mr. Meritt. The Navajo Indians are practically self-supporting. They gain their self-support very largely by raising sheep. They have no funds available for constructing irrigation projects, and necessarily the Government would be called upon to advance this money for this construction work if it is to be done. Mr. Hatden. We can make it reimbursable by an amendment. Mr. Norton. What effect does a provision of this kind have, " to be reimbursable and to remain available until expended?" Mr. Meritt. It makes it a charge upon the property of the In- dians; and in the future, whenever that property is sold, when the surplus lands are sold, the Government will take out of those funds sufficient money to reimburse the money that has been advanced for their benefit. Mr. Norton. Has that ever been construed, that phraseology, to be reimbursable without stating it is reimbursable out of certain funds, or reimbursable out of money that may be in the Treasury hereafter belonging to the Indians? Mr. Meritt. Yes, sir; that has been construed by the accounting officers of the Treasury Department, and they have in a number of cases reimbursed the Government out of funds that had been ad- vanced for the benefit of the Indians. Mr. Hatden. For instance, there are large deposits of coal on the Navajo Reservation. If that coal land is sold, or the coal itself is sold and the money placed in the Treasury to the credit of the Navajos, could money be taken out of that fund to reimburse the United States ? Mr. Meritt. Yes, sir. Mr. Hatden. If their timber was sold it would be the same way? Mr. Meritt. Yes, sir. Mr. Norton. You think that phraseology is specific enough to entitle the Government to the repayment of this amount out of any funds or property that the Indians may have ? Mr. Meritt. That term has a well known meaning by the account- ing officers of the Government, and I think it is sufficient to secure the Government when there are funds deposited to the credit of those Indians. Mr. Norton. That has never been tested in the courts, has it? Mr. Meritt. No, sir. Mr. KoNOP. In amendment number 34, you say, " reimbursable as provided in section 2 of the act of August 24, 1912." There you particularize, you specify how it is reimbursable, according to the provisions of a certain act. I was wondering whether it would not be necessary to provide how this should be reimbursable. Mr. Meritt. That was done for the simple reason that we have a specific law applicable to the Pima Reservation, that is not generally applicable to other reservations. Mr. KoNOP. That is in connection with the Pima Agency? Mr. Meritt. Yes, sir. Mr. Carter. This would make it subject to the existing law. Mr. Meritt. Yes, sir. INDIAN APPKOPBIATION BILL, 191'?. 37 Mr. Norton. I ask that that phraseology be submitted by the chairman of the committee to the Attorney General for construction. Mr. Hayden. I think it is a very good thing to do that. Mr. Caktee. "Without objection that will be done. Mr.KoNOP. I think we should say, " reimbursable when any money of these Indians is in the Treasury." Mr. Norton. I think we should have the phraseology more specific than that, and I would like to have a ruling on that, because I see that that is used in several paragraphs of this and other bills. Mr. Meritt. We have already reimbursed the Government in a number of cases under similar language. Mr. Norton. It would not be difficult to have the counsel of your department or of the Attorney General's office pass on that. Mr. Carter. I suppose we can get an opinion on that. Mr. KoNOP. In view of the fact that you have done this before, you might find something in the department wherein a ruling has been made on this question. Mr. Tillman. Just ask the bureau to do that. Mr. Carter. Just ask the bureau to get a ruling from the Attorney General on this language, as to what it means. Will you do that ? Mr. Meritt. Yes, sir. Mr. Carter. The next amendment is No. 37, page 23, line 5 : That the Secretary of the Interior be, and he hereby is, authorized and directed to cause to be made by competent engineers the necessary examina- tions, investigations, and surveys for the purpose of determining the most suit- able and practicable method or methods of constructing levees, revetments, or other suitable works sufficient to prevent the Gila River from further eroding and wearing and washing away its banks and from further overflowing its banks at any point in Graham County, Arizona. Said engineers shall also determine and report upon the most suitable, feasible, and practicable means of holding the said river within a fixed channel as it flows through said Graham County. Said Secretary shall submit to Congress the results of such examina- tions, investigations, and surveys, together with an estimate of the cost thereof, with recommendations thereon, at the earliest practicable date. The sum of $15,000, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of con- ducting said investigations, examinations, and surveys. Mr. Hatden. What justification have you for that? Mr. Meritt. That item was rather extensively discussed before the Senate committee, beginning at page 469 of the Senate hearings. As you know, Mr. Hayden, the Gila Kiver is rather a wild river at some seasons of the year, and it overflows its banks and is destroy- ing quite a large amount of valuable land. This river flows through the Pima Keservation. Mr. Hatden. Not the Pima Reservation. This item is confined to Graham County, Ariz., and the San Carlos Indian Reservation is located in that county. All of this expenditure will be made for experimental work in connection with the San Carlos Reservation in that county. Mr. Meritt. Yes, sir. Mr. Hatden. I do not doubt but what the work done there might be of benefit to other Indians along the Gila River. Mr. Meritt. It would benefit the land both on the San Carlos and also on the Pima Reservation southwest of San Carlos. Mr Hatden. I will state for the benefit of the committee that the Secretary of the Interior recently directed his consulting engi- 38 INDIAN APPEOPKIATION BILL, ISIT. neer, Gen. Marshall, formerly Chief of Engineers of the United States Army, to visit that coimtry, on account of the fact that very large' areas of very valuable land both in and out of the reservation have been washed away by the river. Gen. Marshall has a maj) of the country made back in the seventies which shows that the river was then confined to a very narrow channel. It is now more than a mile wide along the whole valley. I asked the general what he thought caused this widening of the channel. He said that he could not tell, unless perhaps it was due to the increase in grazing in that country. There are a great many goats and cattle on the Indian reservation and in the country adjacent to the river. They have eaten out the brush, and that has allowed the alluvial soil to wash* away. As I understand it, the Secretary of the Interior intends to use this money for experimental purposes to see whether there is any possible way of controlling the stream. The Gila has a fall of about 12 feet to the mile, and when it is in flood it tears the whole country to pieces. Gen. Marshall told me the problem was a very interesting one to him, and that he would like to try to see whether anything could be done to save these lands. Mr. Carter. Mr. Meritt, has this kind of thing ever been done before ? Mr. Meritt. Not within my knowledge. Mr. Carter. Haven't you some of the same character of erosion in other reservations? Mr. Meritt. Not to the extent that we have in Arizona. Mr. Carter. You have on the Eed River, in the Chickasaw and Choctow Nations, some allotments that have been completely de- stroyed. Mr. Meritt. Yes, sir. Mr. Carter. I have had several letters from allottees who say their lands are now in the Red River. Is there very much of that throughout the country? Mr. Meritt. We have that condition existing up on the Missouri River in the Sioux country. Mr. KoNOP. Don't you think it is pretty hard to combat with nature ? Mr. Meritt. Yes, sir. Mr. Norton. How long is this river extending through Graham County ? Mr. Hatdbn. It extends about 50 miles through the Indian reser- vation and about 50 miles through the public lands on the same stream. The county is about 100 miles wide. Mr. Norton. Don't you think it is ridiculously extravagant to propose an expenditure of $15,000 for some engineer to suggest how this river may be confined? It seems to me that an engineer in the employ of the Government, who knows his business, could tell in five minutes what should be done. Mr. Hayden. I was of that opinion, Mr. Norton, until after I talked with Gen. Marshall. He told me that this is a problem that has never been worked out by any engineer in the United States service; that they have been working on navigable streams, where the fall is something like that of the Mississippi — i or 5 inches to the mile, but when you come to a stream that has a fall of 10 or 15 feet to the mile it has to be handled in a different way. There ar6 INDIAN APPEOPKIATION BILL, 1917. 39 devices that some people are trying to use on these streams — whether they are any good or not I do not know— called deflectors, that are supposed to protect the banks. This appropriation is purely for experimental purposes, as I understand it. Mr. Norton. Whom did you talk to about this? Mr. Hayden. Gen. W. H. Marshall, ex-Chief of Engineers in the fnited States Army. Mr. Norton. He is an " ex " ? Mr. Hayden. He is at present consulting engineer to the Secre- tary of the Interior. Mr. Norton. Is he in the employ of the Government ? Mr. Hayden. Yes, sir. Mr. Norton. I would like to say to Mr. Marshall, or any other engineer in the employ of the Government, if they had not made a study of a project of this kind, it would be my opinion that they ought to be sent back to school, and if they recommend or ask for an appropriation of $15,000 to do what this section proposes to do, it is to me ridiculous in the extreme. It is simply a wanton waste of public funds. Mr. Hayden. I can only state that Gen. Marshall ranks as high as any engineering authority in the United States. He has occupied the most responsible positions under this Government. He tells me that in all of his experience he has found nothing that fits this con- dition. Mr. Norton. My private opinion publicly expressed is that — with all due respect to Mr. Marshall — if he recommended this he takes the same position that a great many other Government officials take, and that is that their main desire is to have the Treasury of the United States used as a grab-bag proposition. I shall oppose this thing anywhere I see it. Mr. KoNOP. What kind of lands are there along this Gila River there in that particular county, Graham County, Ariz. ? Mr. Hayden. I traveled along the upper Gila Valley this summer. It is an irrigated country. There are a number of canals taken out of the river to irrigate the valley. If I recollect correctly, there are three canals built by the Government out of some Indian appropria- tion. I was told that the headings of these canals were washed out this year, and large quantities of land that has been cleared and cropped by the Indians has been washed into the river. Mr. Konop. This land is valueless unless it is irrigated ? Mr. Hayden. Certainly. Mr. KoNOP. Do you think it is advisable for the Government to go into the proposition of irrigating land that is valueless without irrigation and then spend millions of dollars for controlling a wild river that is liable to wash it away ? Mr. Hayden. Well, the whole thing is this : If there can be found any inexpensive way of controlling a stream of this kind it would be well to ascertain it. If it is going to cost vast sums of money- more than the land is worth — of course we do not want to do it. Now, the purpose of this appropriation, as I understand it, is to experiment and see if there is any device in an engineering way that will control floods on streams of that kind. Mr. Norton. Well, now, I would like to say up in my State — up in my district — there is a stream that leaves its banks often and de- 40 INDIAN APPEOPEIATION BILL, Wl"?. stroys a lot of property, farms and crops, and I suppose injures some other property on the Indian reservation, but I do not think it is advisable to try to devise any means or go into an investigation for controlling nature to that extent. I do not think it is possible. Mr. Hayden. If it should turn out to be possible, though, by some device to control a stream of that kind it would be very valuable to the country, would it not? Mr. Norton. I suppose it would; but I doubt the advisability of trying to go into any work like that. Mr. Dill. Would it not be better if this provision were so worded that this money could be spent only for devices that would be used and not for engineers to go out and work on it ? I think Mr. Norton is right in his idea of giving engineers a job, but if it was provided that this money was to be spent for some sort of devices that might be tried I would not object to it. Mr. KoNOP. $15,000 would not pay one one-hundredth part of the cost of controlling a river like that. Mr. Dill. I am perfectly well aware of that. Mr. Carter. The next amendment is No. 38, page 24, line 24, strike out the words " reimbursable to the United States by the Indians having tribal rights on said reservation and to remain a charge and lien upon the lands and funds belonging to said Indians until paid." Mr. Hayden. I would like to ask Mr. Meritt how much money the Indians now have to their credit in the Treasury ? Mr. Meritt. Only a very small amount. They only have $12,000 at this time. Discussion of this item will be found on page 53 of the Senate hearings. Mr. Hayden. That is $12,000 received from the sale of mineral lands that you are asking us to use for a per capita payment of about $2? Mr. Meritt. We want to use that money for the purpose of buying cattle. Mr. Hayden. Now, the San Carlos Apaches have an income, as I understand it, from grazing fees of between $50,000 and $60,000 a year, haven't they ? Mr. Meritt. Yes, sir. Mr. Hayden. What do you do with that money ? Mr. Meritt. We use it for educational purposes and administra- tive purposes, and also pay it out to buy cattle for the Indians, and we deposit a part of it to the credit of the Indians. Mr. Hayden. If this language remains in the bill, and you really want to pay for the cost of this bridge right now, you could take the $12,000 and pay it on the $17,000. You could then take part of the $60,000 that they receive from grazing fees each year and pay the i-est of it, could you not ? Mr. Meritt. Yes, sir; but we believe this item should not be reimbursable, because it is on the main automobile highway, and the Indians do not receive sufficient benefit from it to justify the Government in making it reimbursable out of Indians' funds. Mr. Hayden. This is the situation on the San Carlos Reservation. This bridge was constructed by an appropriation made reimbursable out of the funds of the Indians. A flood came along this year and washed around the ends of this bridge, making it necessary to build INDIAN APPROPRIATION BILL, 1917. 41 three more spans. Now, the same rule ought to apply to this ap- propriation as to the original construction of the bridge. When the committee reported out the appropriation before, it did not contain this reimbusable item. It was agreed to on the floor of the House at the suggestion of Mr. Mann. Now, to answer this automobile argument : The State of Arizona appropriated $20,000 out of the treasury of the State to build a road across the reservation connecting with the counties adjacent thereto. The counties of Graham and Gila, on each side of the reservation, have appropriated out of their treasuries considerable sums of money to build roads and to maintain them. This great reservation, larger than the State of West Virginia, can not be taxed to build roads. The San Carlos Indians have an income of over $60,000 a year, and I do not see why they should not do something to help construct the road system of my State. We can not come to the Government of the United States and ask for ap- propriations — gratuities out of the Treasury — because that would start a precedent and Congress would be asked to build roads and bridges all over the United States. Mr. Caetee. Do you think the Federal Government ought to build roads over Indian reservations out of the Federal Treasury — and bridges? Mr. Mekitt. Where the Indians have no funds T think it is a proper charge against the Federal Treasury. Mr. Caetek. Do you think simply because the Indians have a fund in the Treasury, or have a reservation, or an unallotted reservattion, that in that case the Federal Treasury ought to stand the expense of building their roads? Mr. Meeitt. No, sir; I think the Indians should bear the cost of the improvements on their own reservation where it is for the benefit of the Indians; but where it is partly for the benefit of the white people I think the Indians should bear their portion only. Mr. Hatden. That is the case here. The white people have con- tributed as much as the Indians toward this construction. Mr. NoETON. Is this bridge of any particular use to the Indians ? Couldn't they get along just as well without it? Mr. Meeitt. They could get along without it, but it is of some use to the Indians ; of some convenience to the Indians. Mr. Haxden. They might get along without it, but I will state that prior to the passage of the bill to construct this bridge, that three Indians were drowned in one year while trying to cross the river there. For three months it was impossible for a large part of the Indians to get to the agency at all. Mr. NoETON. Does this separate part of the Indians from the agency? , ^, • t -■ o Mr. Hayden. Yes ; there is a settlement on the south side of the stream, and the agency is located on the north side of the stream. Mr. KoNOP. What is this talk about this automobile business i Have they put an automobile road across the reservation? Mr Haxden This bridge lies between the county seat ot (jila County and the county seat of Graham County. Anyone traveling between the county seats must cross the San Carlos Keservation. The counties and the State have contributed their full share toward 42 INDIAN APPBOPEIATION BILL, 1917. the construction of this road. It simply means that either appropria- tions must be obtained in this way, or else the State and the counties must assume the whole burden. And it does not^appear f air to me to set aside an Indian reservation larger than some States in this Union from which not a cent of taxes for internal improvements can be raised unless Congress is willing to find a way to provide the funds for the Indians' share of this work. Otherwise the State must main- tain roads for the Indians and they will pay nothing at all. Mr. KoNOP. Where did you get the land in the first place out there ; didn't you get it from the Indians ? Mr. Hatden. If Congress is willing to permit the same policy to be pursued that was so successful east of the Mississippi, to wit, kill- ing the Indians or driving them out of the country — if Congress will allow that policy to be carried out in Arizona we will not ask for any kind of an appropriation. But if the Federal Government is going to retain one-quarter of the land in my State for Indian reser- vations, Congress must take care of the wards of the Government and see that they do their share in providing for proper internal improve- ments and the upbuilding of my State. Mr. KoNOP. Over here on the Oneida Indian Reservation in Wis- consin, where the land has been allotted, they don't even tax the allotments. Mr. Hatden. I am not asking that they be taxed by the State of Arizona ; I am asking that they carry on their fair share of the bur- den by appropriations by Congress out of their funds. Mr. Carter. The next amendment is No. 39, page 25, line 3 : For preservation and repair ol' prehistoric pneblo ruins and cliff dwellings, under supervision of the Smithsonian Institution, Navajo National Monument, Arizona, $3,000. Mr. Hayden. This amendment is new to me. "What justification have you for it ? Mr. Meeitt. We did not ask for that amendment, Mr. Chairman, but the discussion of it is found on page 120 of the Senate hearings. Senator Smoot asked that that item be included in the Indian bill, at the request of the Smithsonian Institution. Mr. Hatden. The Navajo National Monument is located within the Navajo Reservation — I think is close to the Utah line. Mr. Mekitt. It is very close to the Utah line, and the professors of the Utah University have done some research work there, and the Director of the Smithsonian Institution says that pueblo ruins and cliff dwellings are going to ruin for the lack of attention Mr. KoNOP. I am in favor of this amendment very strongly. Mr. Tillman. This is one of the wonders of the world, they tell me, and I think they ought to be preserved. This is a very modest and reasonable request. Mr. Hatden. The only question is whether it is proper to put it in the Indian appropriation bill. The Smithsonian Institution is appropriated for by the Committee on Appropriations. Mr. Tillman. At the same time this affects the Indian country and Indian history. Mr. Carter. We will take a recess now until 2 o'clock this after- noon. INDIAN APPROPBIATION BILL, igil. 43 AFTERNOON SESSION. The committee reassembled at 2 o'clock p. m., pursuant to recess. Mr. Carter. The committee will come to order. The next amendment is No. 40, page 25, strike out " $10,000 " and insert '• $30,000." Mr. Mekitt. We estimated $40,000 for the purchase of lands for the homeless California Indians. Our estimate appears on page 191 of the House Hearings, but the item is discussed in connection with the appropriation for support of Indians in California, beginning at page 185. The House allowed us $10,000 and the Senate increased the amount to $30,000. It is discussed on page 71 of the Senate Hear- ings. We have in California at this time between 3,000 and 4,000 Indians who are without lands. We have recently sent a man to California to look up land that may be available for those homeless Indians, and we hope with a good-sized appropriation to accomplish something for them worth while. Mr. KoNOP. They have no reservation? Mr. Meritt. They have no reservation and no lands. They have simply been living as trespassers on land owned by white people. Mr. Hernandez. What Indians are these? Mr. Meritt. They are laiown as California Indians — several tribes scattered all over the State in both the northern part and the south- ern part. This is a very deserving appropriation, and we feel that we can accomplish very much more with an appropriation of $30,000 or $40,000 than with $10,000. Mr. KoNOP. How do you propose to buy this land, in severalty or in a reservation? Mr. Meritt. We are buying it in small tracts. We send this man into the community in which the Indians live, and he buys a small tract of land for those Indians. Mr. KoNOP. You mean for each individual, or each family? Mr. Meritt. We buy it for the band and allow the Indians to go on the land and make their homes there. The title is reserved in the United States. Mr. KoNOP. Well, in other words, you are going to have little res- ervations for these Indians? Mr. Meritt. Yes, sir; but we will not have a superintendent over them. We will simply buy the lands for them and let them be inde- pendent of the Government. Mr. KoNOP. Now wouldn't it be advisable to buy them lands in severalty and give to each Indian his land? Mr. Meritt. After we have bought the land and the Indians show a disposition to cultivate it, we can allot them in severalty. Mr. Carter. Mr. Meritt, I notice in your last analysis made be- fore the House committee you had an unexpected balance there of $12 182 12 Mr. Meijitt. Yes, sir ; but we have options on lands that will take up all of that money. Mr. Carter. How much land have you option on? Mr. Meritt. During the last year we have purchased 17 tracts ot land. This amounts to 1,734 acres. Mr. Carter. How much money did that cost? 44 INDIAN APPROPEIATION BILL, igW. Mr. Meeitt. That land cost $r9,152.62. Mr. Carter. How did you spend all that money when the appro- priation was only $10,000 a year? Mr. Meritt. There was money left over from a former appro- priation. Mr. Carter. I notice that your analysis of expenditures shows only $42.95 expended during the year ended June 30, 1915. Mr. Meritt. We do not pay that money out, Mr. Carter, until after we get title to the land. Mr. Carter. Well, if you did not expend but $42.95 in the year 1915, that certainly did not make a very promising showing for increasing the appropriation $30,000. Mr. Meritt. This man was only sent out there about a year ago, and he has options on these 17 different tracts of land, and before we can pay out that money the title must be investigated. Those titles to those tracts have not been investigated, and since this report was made we have undoubtedly paid out considerable money for the land. Mr. Carter. I notice in your justification that you present to the House you say that the purchase of lands, and for which you now have options, would entail an expenditure of approximately $15,000? Mr. Meritt. Yes, sir; between $15,000 and $20,000. Mr. Carter. Then there does not seem to be any necessity for an appropriation of $30,000. You have $12,000 left over, and then $10,000 this year would make it $22,000, and you only have obliga- tions for $15,000. That leaves you still $7,000. Mr. Meritt. Yes, sir ; but we have a man out there buying lands, and we have between 3,000 and 4,000 Indians without lands. Mr. Carter. How much land have you bought out there since the appropriation has been running? Mr. Meritt. We have bought land for about 12,000 Indians. Mr. Carter. How much land have you bought ? Mr. Meritt. Six thousand five hundred and ninety-three acres. Mr. Carter. How long has this appropriation been running? Mr. Meritt. Four or five years. Mr. Carter. And how much land did you say you have bought ? Mr. Meritt. Six thousand five hundred and ninety-three acres. The total cost was $144,470. Mr. Carter. How many Indians are located on that land ? Mr. Meritt. Two thousand four hundred and seventy-nine Indians. Mr. Carter. Do you know anything about whether they have made any use of the land? Mr. Meritt. Yes, sir ; the Indians are living on the land and are building homes on these various tracts. Mr. Cari"er. What kind of Indians are they? Mr. Meritt. A good many of them are full-blood Indians. Mr. Carter. I mean what tribe do they belong to ? Mr. Meritt. They are many different tribes and bands. Mr. Carter. They are Mission Indians, are they not ? Mr. Meritt. Some of them are Mission Indians; yes, sir. Mr. KoNOP. Now, Mr. Meritt, you say they are building homes on these tracts of land ? Mr. Meritt. Yes, sir. INDIAN APPROPRIATION BILL, 1911. 45 Mr. KoNOP. What kind of houses do they build ? Mr. Meeitt. Small shacks, usually located convenient to towns; and the men do day-labor work as well as making gardens, and the women do domestic work. Mr. KoNOP. Is this in southern California? Mr. Meeitt. No. sir; most of the money has been expended in northern California. Mr. KoNOP. Now, how do they locate these places where they build their shacks? Do they get into any trouble among themselves? Mr. Meeitt. No, sir; we have not had any reports of any trouble. They dwell together in peace and harmony. Before we bought this land they were continually having trouble, because they would squat on some white man's land and he would want to utilize it — either rent it or cultivate it — and he would compel the Indians to move on. Mr. KoNOP. What kind of land are you buying; is it pretty good land? Mr. Meeitt. It is fairly good land. The land has averaged $21.93 an acre. Mr. KoNOP. There is no chance of us having to appropriate for irrigation ditches and systems in that country, is there? Mr. Meeitt. No, sir; this land is located in small tracts and ap- propriations will not be requested for that purpose. Mr. KoNOP. The land has enough water so that they can raise crops ? Mr. Meeitt. A good deal of this land is in the northern part of the State, where they do not require irrigation. Mr. Caetee. The next amendment is No. 41, page 26, lige 3. Strike out " for support and education of ninety Indian pupils at the Greenville Indian School, California, including pay of superinten- dent, $16,530; for general repairs and improvements, $3,600; for purchase of additional lands for school farms, $1,500; in all, $21,630," and insert in lieu thereof : For support and education of one hundred Indian pupils at the Greenville Indian School, California, including pay of superintendent, $18,400; for general repairs and improvements, including purchase of additional land for school farm, $8,000 ; for new school building, $8,000 ; in all, $34,400. Mr. MEBrrr. Mr. Chairman, we justified this appropriation for the Greenville school on page 197 of the House hearings and page 77 of the Senate hearings. You will note that we are asking for an in- creased attendance there, and a request for a support fund of $18,400, an increase of about $2,000 over the amount heretofore allowed. Mr. Caetee. What is the per capita cost there ? Mr. MEErn. The per capita cost of this school has been excessive. Mr. Caetee. It amounts to $279.60. Mr. Meeitt. Based on enrollment it amounts to $240.23. Mr. Caei'ee. No ; that is not the per capita tax. Mr. !Meeitt. No, sir; based on average attendance it amounts to $279.62. Mr. Caetee. Now, Mr. Meritt, in view of the fact that this school has such a high per capita tax, do you think it is the good economical thing to do to increase the attendance and attempt to build up a school that has such a high per capita? Mr. Meeitt. We have quite a large number of Indian children in northern California who are without school facilities. Because of the 46 INDIAN APPBOPRIATION BILL, 1917. email number of children provided for at this school the per capita cost has necessarily been high. If we can increase the attendance the per capita cost will be lowered, and we believe, in view of the fact that we have the children available for that school, and inasmuch as the school is now in operation it would be good administration to increase the enrollment so as to decrease the per capita cost. Mr. Carter. Now, you have a capacity there for dO pupils, and yet last year you had only 61 average attendance. Mr. Meeitt. 1 might say, Mr. Carter, that we had to make a change at that school during the last year and put in a new superintendent there, and the showing made next year will be very much better than this showing. Mr. Carter. The new superintendent there is an experiment now, isn't he? You are just trying him out? Mr. IMeritt. He is a tried man in the service, and we know he will succeed. He has already demonstrated his ability. Mr. Carter. Do you think he will succeed in bringing that per capita cost below $279 ? Mr. Meritt. Yes, sir. We have written him and told him he must bring that per capita cost down. Mr. Carter. Why does this school cost so much more than other schools ? Mr. Meritt. Because it is quite a distance from the railroad, and it is rather cold up there in the winter time. There are very few pupils enrolled and necessarily it costs a good deal more to keep up the plant where there are only a few pupils enrolled. Mr. Carter. This is a nonreservation school, is it ? Mr. Meritt. Yes, sir. Mr. Carter. It is not on the reservation ? Mr. Meritt. No, sir; but it is convenient to quite a large number of Indians who live in that immediate community. Mr. Carter. What Indians live in that community ? Mr. Meritt. The northern California Indians. Mr. Carter. Are there any Indian reservations near it? Mr. Meritt. There are some Indian reservations in the southern part of Oregon, the Klamath Eeservation. Mr. Carter. But the Klamath Indians go to Salem, mostly do they not? ' •" Mr. Meritt. Some of them go to Salem and some of them attend this school. Mr. KoNOP. Now, Mr. Meritt, with a capacity of 90 pupils there, and there was an attendance of only 61, it would seem to me that there is no need for $8,000 for a building that you ask for here, to provide for 61 pupils. Where are you going to get the other children from? Mr. Meritt. We will have no difficulty in filling the school to its capacity, with the present superintendent. Mr. KoNOP. You have a capacity now of 90, and there are only 61 attending ? Mr. Meritt. I think the school at this time is filled to its capacity. Mr. KoNOP. It is now ? Mr. Meritt. Yes, sir. Mr. Carter. The next amendment is No. 42, page 26, line 14 : For the improvement and construction of roads and bridges on the Yuma Indian Reservation in California, $10,000, to be immediately available. INDIAN APPROPRIATION BILL, 191'7. 47 What justification have you for that? Mr. Meeitt. The justification for that item is found on page 516 of the Senate hearings and on page 201 of the House hearings. We have allotted the Indians on that reservation irrigable lands, and we find that they need some money to construct roads. Mr. Carter. Have these Indians any money or lands? Mr. Meeitt. They have some surplus lands, but they have no money to their credit. Mr. Carter. You say they have some lands? Mr. Meeitt. Yes, sir. Mr. Carter. Why shouldn't this be made reimbursable, then? Mr. Meeitt. I would see no objection to making it reimbursable. Mr. Caetee. The next amendment is No. 43, page 26, line 20; strike out " $8,000," and insert : "' including the purchase of such land as the Secretary of the Interior may deem proper, $5,000." What is the justification for that ? Mr. Meeitt'. This item is discussed on page T8 of the Senate hear- ings and is justified beginning on page 202 of the House hearings. We asked for $10,000. The House cut the item down to $8,000, and the Senate cut it down still further to $5,000. If we are going to have only $5,000, we can not purchase much land. Mr. Cartes. What reason did you find for making that reduction? What reasons were presented for making that reduction ? Mr. Meeitt. There was no very strong reason given for thus re- ducing it. Mr. Carter. Was that cut down by the Senate committee, or in the Senate? Mr. Meritt. It was cut down by the Senate committee. Mr. Carter. What was the necessity for that language, " as the Secretary of the Interior may deem proper?" Mr. Meeitt. There are some Indians on the east coast of Florida that are separated from the regular band, and we want this money made available so that we can purchase land for them. Mr. Carter. You can not purchase much land for $5,000, in- cluding the administration work that you have got to do. Mr. Meeitt. No, sir; we can not purchase much land. As I say, if we are going to purchase land, we will have to have at least $10,000. Mr. Carter. You really could not purchase land to amount to anything for $8,000, could you? IVtr ]V4!erii*t No sir. Mr' Carter! One of the members of this committee has a bill pend- ing which he wants to have considered in due course, for the pur- chase of lands there. . u-n Mr. Meeitt. We have made a report on that bill. _ Mr. Hatden. There are some very cheap lands m the tetate ot JFlorida that can be bought, are there not? TyTT TVTerttt "yes sir . . Mr! Carter. But this thing of appropriating $8,000 for adminis- tration and the purchase of land is really a joke, isn t lU Mr. Meritt. Not a joke, because we can buy a small tract it we were given our estimate of $10,000. j. j • v+^n+i^r,? Mr. Carter. How much did you use last year for administration? 48 INDIAN APPBOPEIATION BILL, 1917. Mr. Meeitt. You will find a statement on page 202 of the House hearings. We expended about $3,000 last year for those Indians. Mr. Hatden. That is the reason why we only allowed $8,000, be- cause there was an unexpended balance of $2,000. Mr. Carter. Then the Senate cut that to $5,000, and yet required you to purchase land._ Mr. Meritt. Yes, sir. Mr. Carter. Mr. Sears is here and he wants to take up the Florida item, and if the committee has no objection, we will hear him now. This amendment is No 43, page 26, line 20. What have you to say about this item, Mr. Sears? Mr. Sears. Mr. Chairman, I note that the Senate committee mate- rially changed the item for Florida as passed unanimously by this committee and as also passed by the House after an explanation on my part. This is not within a spirit of criticism, but I hardly understand why this radical change was made, and I refer to page 19 of the Senate report, which simply states that the change was made because as shown by the hearings before the House committee, on pages 202 to 209. This committee had this hearing before them and care- fully went over the matter. I do not think the Senate committee desires to do the Seminoles of Florida an injustice, and I can not but believe that they have been misled. I took, this matter up with Senator Fletcher, from Florida, and he promised me that he would look after it, but before the Senate com- mittee met he was called away and left on that trip to the South, and therefore I did not go before the Senate committee, first, be- cause I did not believe it was necessary, as I was a member of the Indian Committee of the House and also resided in Florida, and feel that I am somewhat familiar with what the Seminoles of Florida need and what should be done, and I want to say a very small part has been done for them. This is not in a spirit of criticism of the department, but I must say that between 500 and 800 Seminole In- dians, practically full bloods, without any assistance from the Gov- ernment, except a paltrj' $10,000 a few years ago, seem to go along from year to year without anyone actively taking their part. Mr. Norton. Do you not think it is a deplorable condition for 500 Indians to care for themselves? Mr. Sears. I will get to that, Mr. Norton. I want to say, furthermore, that it is a pleasure for me to fight for the interests of the Seminoles of Florida, because for one thing I can truly say that no ulterior motive can be charged ; no criticism can be made by my colleagues on this committee from other States, because not a single Seminole Indian can vote, and, so far as I Icnow, as long as I stay in Congress, if it takes as long to remove their re- strictions as it has in other cases, no Seminole Indian will ever live long enough to be able to vote for me. I simply state this in order that my motives may not be criticized. I have introduced a bill, as this committee Iniows, for the purpose of purchasing lands for these Seminoles. I do not care to take up your time by going into the treaty of 1870 or 1873, in which I claim — as bas been claimed before this committee repeatedly — ^that the Government morally, if not legally — and legally if they should remove at the present time to the State of Oldahoma or the West — INDIANi APPROPRIATION BILL, 1917. 49 owes these Indians $250,000, together with accrued interest. With that idea in; mind, believing it would be better for the (loA-ernment to properly take care of them in the home that they love and the State that they not only refuse to leave but that the Government of the. United States could not, make them leave — that it would be cheaper for us to take care of them there. There is some spirit of criticism in the report by my good friend Mr. Campbell, the Indian agent in Florida. I know him too well to believe that this was intended as a criticism, and he was simply going by- the report. After making an explanation to this com- mittee I am glad to state that the committee practically unanimously voiced the sentiment that Mr. Spencer should be commended, instead of being condemned for his careful economical administration. I am just in receipt of a letter from Mr. Spencer, in which he states that during, the present season he has been enabled to secure employment for these Seminoles, picking beans and packing tomatoes and work- ing on truck farms, and they have made enough money out of that tor practically keep them going throughout the year. There are times, however, when they really need some assistance, and it is the idea, and my idea, not to educate them up to the belief that this Government is going to feed them and care for them, regardless of any efforts on their part, but leave them to believe that they must rely largely on their own efforts for support ; and only give them support when it is absolutely necessary. I may be wrong in this conclusion, but they have lived so many years under that system that I would like to try it a few years longer. The only difficulty right now, Mr. Chairman, is that Florida is growing more rapidly than any State in the Union. The lands are being purchased and these Indians are gradually being crowded out ; and unless provisions are made by the purchase of a large tract of land to properly take care of them, I do not laiow where they will go next. In 1880, when I first went to Florida, a small boy 7 years of age, the Indians had at that time forced south as -far as Kissimee, and each year I have noticed with some regret that these Indians are being driven farther and farther south, because they will not mingle and mix with the white people. From Kissimee they were driven down around Fort Arbuckle, then to Fort Bassinger, and now they are down in the Everglades below Okeechobee. And that is the last stand of the famous Seminole Indians, the descendants of Osceola, and when we drive them out of there I do not know what is going to become of them, unless the Government purchases the lands in order that they may net be crowded out further. Mr. Campbell. Is this agent looking over property with a view of the Government purchasing it for them? Mr. Sears. I know nothing of that. The department has not ad- vised me about that. I do know that the agent — this is from news- paper clippings — I do know that the agent is now trying to get the Indians, and aiding in getting the Indians, to locate on small tracts of land west of West Palm Beach. Now, that is, the Indians on the east side. The Indians on the west side have absolutely refused to come to the east side. Mr. Campbell. Are there more Indians on the east side than there are on the west side? 36345— PT 5—16 i 50 ■ INDIAN APPKOPBIATION BILL, 1917. Mr. Seaes. I should say that they were about equally divided. That is my recollection and advice. I do not know positively. Mr. Campbell. The questions that I raised in the subcommittee while the bill was being made were because I had been down there; I had seen the Seminoles ; I had tried to get into consultation with them through interpreters, but they were wild as prairie chickens; but I found out that they were taking very good care of them- selves. They were independent, proud, and the only thing they wanted was enough land to live on. They wanted to be let alone; they did not want a paternal supervision of them every time they turned around. They manufactured a great deal of stuff and sold it. They worked on their own initiative and were taking very good care of themselves. Those that I saw were far better looking than the wealthiest Indians probably in the world, and they looked bet- ter cared for. They were clean; they were not dissipated, and they looked like a self-respecting body of people. At that time there was very little attention being paid to them by the Government — I think nothing. The agent was appointed, I think, the following year, with a view of looking into the matter of acquiring lands for them. I think I suggested that in the committee following my visit down there. Now my idea in having an agent down there at all, or in hav- ing a representative of the department down there, was with a view of protecting those people. They were being driven out. The Ever- glades were being drained, and the inevitable result would be the removal of the Seminoles from where they were then living, and what I wanted was to have somebody to look out for their future, and make provision for land for them. Now if this agent in three or four years has done nothing toward that, he has not commenced on the work that he was really appointed and suggested to do. Mr. Seaes. I know nothing of the original plan of the employ^ ment of this agent. I know, as has been stated by the department, that it has been very very difficult for the white man to get the confidence of the Indians. Those Indians when they once know you they will talk to you, but they are very suspicious of the white man. Mr. Caetee. They have good reason to be. Mr. Seaes. There is not reason to go into that, because anyone who has read history can readily see that, like the animal, it has been instilled into them. But they are not treacherous, and they are honest. I have been told that there is possibly one or two cases of larceny among the Indians. I really do not believe that is true. But they are honest as the day is long. I saw a statement the other day in the paper to this effect — I do not know how true it is — that a trapper was going out hunting with an Indian, and said to him, "Are you not airaid to leave your gun in the wigwam? " The Indian laughingly replied, "Me no afraid; no white man within 50 miles; Indian no steal." [Laughter.] It might be well along that line that we should try to civilize some of the white people instead of the Indians. But times have changed since Mr. Campbell was there, and this agent has succeeded in getting some of these Indians to go to school. They tell me — and I saw this myself— that there is a superstition among these Indians that when an Indian learns to read the English INDIAN APPKOPKIATION BILL, 1917. 51 language he is disgraced, and for a time it was theii- custom to cut off one ear, showing to the tribe that he was trying to be untrue to his tribe and go to the white people. I saw several young Indians with their ears cut off. I asked a man why that was, and that is what he told me. Whether that is true or not, I do not know. But I do know this, that that superstition, if such is the case, has been over- come, and there are Indians now in the Fort Lauderdale school who have made good marks and are passing their examinations. There is some hesitancy, however, about permitting the girl Indians to go to this school because their dress is not in accordance with our dress. Mr. Campbell. They dress just like the men, do they not? Mr. Sears. Well, they dress like the Seminole Indian girls. They have their dress, but it is beads, and odd and peculiar, and it makes them more odd and more peculiar than other people. But, as I understand it, the boys have not objected to these Indians boys, be- cause those that go to school dress like we do. And some of them are verj good looking boys. They are bright, and Mr. Spencer has accomplished that change, which I think is a wonderful step. He had one boy sent out West — I think Mr. Meritt will verify this — but the boy got so homesick for Florida — you can not blame them for that; anybody that leaves Florida ought to get homesick, and most white people come back when they once go there. But he is now asking the department to let him educate the children. They can not take care of them in the public schools, because the white schools are somewhat crowded, and it was my idea in this bill that a school be estabhshed until this amalgamation that is now taking place is com- pleted; and that these young Indians shall not grow up in ignorance, like those before them. Mr. Carter. That is what you wanted with the $8,000? Mr. Sears. That is what we wanted with the $8,000. And I said in that report I wanted to be absolutely fair, and I indorse Mr. Spencer's system of not spending too much money ; and that I hoped, as far as I was concerned, that he would not give to the Indians except in absolute cases of need, when they were suffering, any of this $8,000. Now, I have no objection to the department purchasing a few acres of land if they want to, but in this report they practically state that all of this money is to be spent in the purchase of land. Mr. Campbell. My idea when the first appropriation was made— I have forgotten what year— do you recall what year that was? Mr. Meritt. It was three or four years ago. Mr. Campbell. My idea then was that the $10,000 should not be spent for land, but that arrangements should be made whereby a reservation should be set apart for those Indians. -r i x n Mr. Sears. They have set apart 30,000 acres, but as I understand it . , . n Mr. Campbell (mterposing). 30,000 acres is not enough to do any- thing with, is it ? . Mr. Sears. No; and besides, it was a tract at a place where it was very difficult to get these Indians together, and I shall take pleasure in going over that tract myself when I return to Florida, and get time, and see whether it is suitable land for them. 52 INDIAN APPE0PKL4.TI0N BILL, 1911. Mr. Campbell. While I think it is important that they should go to school, I think it is quite as important that they have a home. Mr. Sears. That is my idea and my contention. Mr. Campbell. And I think probably more important that they should have a home in their own way. They are, as I say, among the best looking Indians I have seen. Mr. Sears. Yes ; they are strong people. Mr. Campbell. With good clean faces. They have an intelligent look. But they are afraid of us. I don't blame them for that, but I think we ought at least to provide a place where they can live unafraid but without being removed from their reservation. Mr. Carter. Manifestly, we can not purchase any land' with $5,000. • Mr. Sears. Certainly not. The idea was not that the land be pur- chased with this $5,000, but that arrangements be made that proper lands be located and surveyed, and get the arrangements made, and make a proposition to the Government as a result of the work that was done with this $10,000. Mr. Carter. As Mr. Sears says, I think the only thing- to do now is to provide for the education of a few of these Indians, and such little administration as is absolutely necessary. Mr. Campbell. I am not so particular about that as I am for get- ting homes for them. Mr. Sears. I want to make this suggestion. It is my hope and my desire to later in the spring or summer have some of the Seminoles of Florida make a visit to the Capitol and come before this committee, in order that the committee may see them as Mr. Campbell saw them. They are really an Indian in truth and in fact. This is no reflection on any other Indians, but simply to show you the Indian in his original state as he was back 100 years ago. Mr. Norton. May I inquire, Mr. Sears, if any of these Indians haA^e acquired homes of their own? Mr. Sears. One of them is running a store and doing a good busi- ness. They are good traders. How they do it I do not know, but they do it. Mr. Norton. Isn't it a fact that a considerable number of these five hundred and odd Indians are self-supporting and able to take care of themselves? Mr. Sears. They are self-supporting, possibly, as you would say a band of gypsies would be. That is true; and the report of Mr. Spencer, the Indian agent there, shows that they are self-supporting, because he Avas criticized for only spending $42 for hospital. Mr. Campbell. They are self-supporting because we are not do- ing anything for them. They are well clothed and well fed. Mr. Norton. Hadn't the department better let them alone? Mr. Campbell. We are not leaving them alone. We are taking their land away from them. The white people are going down there from Dakota and Kansas and settling on this land. They are drain- ing the everglades and getting it away from these Indians, where they have been trapping and hunting, and they are about to take the last place where these Seminoles can make a living away from them. Mr. Norton. Do these Indians own their land? Mr. Campbell. They have been on there from time immemorial. Mr. Norton. This is not Government land? IKDIAN APPROPRIATION BILL, 1917. 53 Mr. Campbell. No; it belongs to the State of Florida now. Mr. NoETON. How was it, if I may inquire, that this 30,000 acres that you speak of, Mr. Meritt, was set aside for these Indians? What is meant by that ? Mr. Meritt. There were certain Government lands down there, Mr. Norton, but the Government has transferred its interest in most of the lands in the southern part of Florida to the State of Florida. We have set aside or purchased about 30,000 acres of land for the Seminole Indians. This land is located southwest of Lake Okee- chobee. The Indians, as was stated, formerly roamed over most of that southern part of Florida south of Lake Okeechobee, but that land is being drained, and has been sold to white people by the State of Florida, or sold to the big land companies, and the land com- panies have sold it to the white people, and that is the land the Indians formerly occupied. They have no title to the land; they simply occupied it. Mr. Norton. You say the Government purchased 30,000 acres? Mr. Meritt. We purchased part of the lands, I think, and we set aside certain Government land for them. I think we have now about 30,000 acres of land for the Seminoles in southern Florida. Mr. Carter. Has the Government any public land in Florida ? Mr. Sears. Yes; they still have some Government land in Florida. It is scattered over all the State, and no large bulk of it, but there are a good many acres of public lands down there. Mr. Norton. What is the character of this 30,000 acres of land? Mr. Meritt. It is largely swamp land that they have been occupy- ing for a great many years. Mr. Norton. How many of these Indians are there on that tract? Mr. Meritt. More thaii half of the band, I think, is located in that part of the State. I do not know how many there are located on that particular tract of land. Mr. Norton. Dees this 562 Indians that you give as the number of Indians that are in Florida include the men, women, and children ? Mr. Meritt. Yes, sir. Mr. Norton. Then, there are approximately 125 men ? Mr. Meritt. Yes, sir. Mr. Norton. Half of those are on this 30,000 acres ? Mr. Meritt. I believe there are more than half the Seminoles located in the southwestern part of the State of Florida. Quite a number of them, though, are over in the eastern part of the State near West Palm Beach. Mr. Norton. Now, if I may inquire further, what is the idea of the department in buying land out of an appropriation here of $10,000 that is asked for by the department for these Indians ?_ Do you plan to give the land, the title to the land, to these individual Indians in fee simple when it is purchased ? Mr. Meritt. No, sir. Mr. Norton. Or do you plan to keep this same reservation— re- serve the right to the Government and have a superintendent there over those Indians? Mr. Meritt. We estimated for $10,000, and we thought that a good part of that money would be used in buying land for those Indians who are located near West Palm Beach. We realize that we could 54 INDIAN APPROPEIAXION BILL, 1917, not purchase very much land for that amount of money, but we in- tended to purchase as much as we could. Mr. NoETOX. What is the land worth an acre down there? Mr. Sears. It varies from $10 an acre to $100 an acre. Mr. NoKTON. Well, say your purchased 100 acres or 200 acres? Mr. Meritt. We expected to purchase as much land as we could which was suitable for the purpose and get as many of those Indians in West Palm Beach located on that land as we could. We intended that the title to the land should be held in the United States ; and at this time it is not our purpose to make individual allotments. Mr. Norton. You would not make individual allotments now? Mr. Meritt. No, sir. Mr. Norton. You would allow them to live on the land as they desired ? Mr. Meritt. And use that land. Some of it is so fertile that they can make a living on 5 or 10 acres of it. Mr. Norton. That would necefsitate a superintendent and an agency, would it not? Mr. Meritt. It is not intended to establish a superintendent over them in the sense that we have superintendents in the western reser- vations. Mr. Norton. Have you any assurance that any of the poorer In- dians, those who are really not able to take care of themselves — or that are not taking care of themselves — would go upon this land ? Mr. Meritt. It would be largely a matter of persuasion. Those Indians are wild, and, as has been stated, they have little confidence in the white man. Mr. Spencer has been quite successful in gaining their confidence and he has been successful also in getting employ- ment for quite a large number of Indians on the farms, and also get- ting some of the Indian children into the public schools at Fort Lauderdale. We would have to persuade the Indians to move on this land. It would be largely a case of educating the Indian up to the point of getting him to occupy this land. Mr. Norton. "Well, do I understand you to say that you think that if this land was bought it would not be necessary to have a super- intendent down there to look after these Indians for all time here- a f ter or for a long time ? Mr. Meritt. No, sir ; we would not expect to have a superintendent to look after this small band of Indians. We would get them located on this land and then let them take care of themselves. Mr. Sears. Those Indians can farm. Of course conditions are very different in Florida, when all you have to do is to put the seed in the ground and it grows. Mr. Norton. I can readily understand that the Indian who is running a store now, who dresses well now, and who has property now, might taken advantage of this land that might be purchased by the Government; but I can not well understand — probably I do not realize the situation — I can not well understand how you are going to get the poor indigent Indian, who, if any one. needs the care of this Government, he does, to go upon this land and improve it and better care for himself, without a superintendent to look after the lands and the Indians. Mr. Campbell. Mr. Norton, those Indians average up better than the Indians on any reservation that I have been on. And they have INDIAN APPKOPEIATION BILL, IGll. 55 had no superintendent ; they have had no care by the Government or anybody else ; they have been let alone in the everglades of Florida. They have taken care of themselves, and what I want to see done is that they shall have enough land in a reservation where they can go on in their own way, taking good care of themselves, breeding good Indians, bringing them up with good habits— as thev have— and simply keep on just as they have been doing for the last 100 years- Protect them from the encroachment of the white man. Mr. Norton. Would you then be in favor of buying these small tracts such as could be purchased for $10,000 ? Mr. Meritt. No ; not at all. That would not be practical. Mr. Norton. It occurs to me that it would be all right to hold a large tract of thirty or sixty thousand acres for them. Mr. Campbell. That is the only thing practical in my judgment. You will have to put those Indians on a reservation and let them live in common as they have been doing. You can not separate those In- dians and put them on 10-acre tracts. You can not sejDarate them from each other. Mr. Norton. May I further inquire from the gentleman from Florida, who is presenting this matter so ably — I understood you to make the statement tViat these Indians do not have the right to vote. Now, why have they not — why has not the Indian the right to vote in Florida who runs his store and provides for himself and his fam- ily, who is a good business man in the community? Mr. Sears. Mr. Norton, I will simply answer that by stating what has been drilled into me here, something about removing restrictions. I know they never have voted, and they are not considered citizens of the State of Florida. Mr. Norton. Isn't that the fault of your State laws, rather than the fault of any Federal law? Mr. Carter. Does your State law prohibit them from voting? Mr. Sears. No ; it does not specifically prohibit them from voting. They are considered not citizens. They are wards of the Govern- ment. They are so considered by practical consent. I do not know that there is any statute on it. Mr. Venable. The State laws of Mississippi do not prohibit the negroes from voting, but they do not vote. Mr. Norton. Well, what is the requirement for sufferage' in your State? Mr. Sears. I would have to look at the statutes; I think they must be a male citizen at least 21 years of age, and reside in the State one year and in the county six months and in the town 30 days. Whether these Seminoles are citizens of the State or not I am not in a position to say. Mr. Campbell. They do not want to vote, do they? Mr. Norton. Yes; I was surprised at that statement. The Indian has a right to vote in my State, and it would seem strange to me that the Indian would not have a right to vote in Florida if they have no tribal relations. Mr. Carter. They are citizens of the United States. Mr. Sears. They are not considered citizens of the State in my State. There is no law on the statute books in the State of Florida prohibiting them from voting, but it is simply by practical consent. 56 INDIAN APPROPEIA.MON BILL, 1917. Mr. Cartek. I think you are correct in 'that. An India;n is ndt _a citizen of the United States until he is made so by statute. That is the legal status, unjustly, I think. Our Indians in Oklahoma had to have a law passed making them citizens of the United States after March 4, 1901. Mr. Sears. Mr. Meritt will correct me in this if I am wrong, but as I understand it the Government never has taken any control ovier the Indians of Florida. Mr. Meritt. That is true. Mr. Norton. I am surprised that the gentleman from Oklahoma claims that the Indian is not a citizen of the United States when he severs his tribal relations. Mr. Carter. No ; I did not make that statement. What I said was that all Indians in the United States are not considered citizens of the State and allowed the privilege of voting imtil they are made citizens of the United States by special act. That is so in the State of North Dakota, and it is so in the State of Oklahoma. Mr. Norton. Until they are made citizens of the United States by special act of what? Mr. Carter. Act of Congress, by which they are made citizens. Mr. Norton. But Indians are citizens of the United States who have severed their tribal relations. Mr. Carter. Well, the Supreme Court holds in relation to that that Indians are domestic dependent aliens, not entitled to vote. That is in the case of Figami v. The United States, cited here by Mr. Meritt. I think he will bear out that contention. Mr. Sears. I do not want to take up much more of your time along the line suggested by Mr. Campbell. I have introduced a bill, as I stated, for the purpose of purchasing lands where these Indians are now living, the majority of them. There are four townships where these Indians live. None of this land is owned by the State of Florida. I have put in my bill, not exceeding $5 an acre. I believe the legislature will meet us fairly on the proposition. I do not know what the legislature of the State of Florida will do, but if I get a bill through, it is up to them and not up to me. I will have done my duty. This land is selling for a great deal more money, as stated by Mr. Meritt, where the individuals own it. You can not buy it fo'r less than $25 to $100 an acre, and I really believe the Legis- lature of the State of Florida would meet us half way and let us have it at a little less than that. But it would take an act of the legislature to do this. Mr. Carter. Mr. Sears, you do not want anything about that put in this bill ? Mr. Sears. No, sir; but simply to explain my position. Mr. Carter. What you want in this bill is to permit that money to be used for the schooling of such Indians as they can get in the school at this time, and for their maintenance in cases of dire necessity? Mr. Sears. Yes; that is true. I think we should give those people some educational advantages. We are giving it to the white people and I think we should give it to the Indians. Now, I want to say, Mr. Chairman, that I have no fight to make with the department. Mr. Sells has been very nice to me, and has stated he would cooperate with me; but I am on the ground, coming from Florida, and I want to cooperate with the department, and 1 INDIAN APPROPRFATTON BII.I., 1917. 57 hav« no objections to this bill if they will make it $8,000, if it is the iJsa i>f the committee that this little work may go on, until my bill can get consideration. So I will be glad if you will put in there $8,000, not exceeding $1,000 or $2,000 to be spent for land. Ml: Campbell. I would not spend 1 cent of that $8,000 for land. It is wholly impracticable to buy small tracts of land, for those Indians, iis you know. Mr. Sears. I was simply stating my personal opinion. That is up to the committee, but I do think it is unfair to those Indians to cut it down to $5,000, with practically all of that $5,000 to be spent for 100 or 200 acres of land. And I think it is a matter of rank in- justice that those Indians have only $6,000 or $8,000 for education and civilization. Mr. Norton. I think it ought to be $10,000 if it was anything. Mr. Sears. But I understand you can not raise it. I made it $8,000, Mr. Chairman, because all the way through, if the com- mittfefe remembers, where there was a balance to make the appropria- tion wliat it originally was, I made a fight to deduct that balance; and in order to be consistent, when I struck my own State, I vol- untarily asked this committee to reduce it from $10,000 to $8,000, and make it the same I had asked it to be made with the other mem- bers of the committee. Mn Norton. Mr. Meritt, what is the law, if you recall it, as to the citi5;enship of the Indian ? Mr. Meritt. The general allotment act of February 8, 1887, found in 24 Stat. L., 388, made all allotted Indians citizens. That law was changed by the act of May 8, 1906 (34 Stat. L., 182), which deferred citizenship until the issuance of a fee patent, or until the expiration of the 25-year trust. The Indians of the Five Civilized Tribes have had citizenship extended to them by special act of Congress. It has also been held that all the Indians of the Osage Nation are citizens. Indians who have not been allotted are ordi- narily considered noncitizens. Mr. Carter. That dees not comport with the statement you have just made. Your former statement was that the Indians who had been allotted and had been delivered a trust patent were citizens of the United States. Now, why do you say that all Indians who had been allottfed are citizens of the United States? Which is correct? Mr. Meritt. You did not understand my statement, evidently, Mr. Carter. I will make the statement over again. The allotment act of FelDruary 8, 1887 (24 Stat. L., 388), extended citizenship to all allotted Indians. That act was amended by the act of May 8, 1906 (34 StaL L., 182), which deferred citizenship to Indians 'allotted after the passage of that last act, until the expiration of the trust period, or until a patent in fee was issued to an Indian. Mr. Carter. That is exactly it. Now, after that, you stated that all allotted Indians were citizens. Now, your first statement there is that all Indians who have been allotted and who have received a patent in fee are citizens. Now, then, your next statement was that all allotted Indians were citizens. Mr. Meritt. No, sir ; I think the record will not show that. 'Mr. Carter. Now, then, as a matter of fact, the onlylndian who is a citizen, without special act of Congress, is an Indian who has received a trust patent under the present law. 68 INDIAN APPKOPIilATlON BILL, 1911. Mr. Mebitt. Under the present general law the Indian who re- ceives a trust patent is a noncitizen until the expiration of the trusteeship. ■ Mr. Carter. And very few have received trust patents ? " Mr. Meeitt. Quite a large number of Indians have received trust patents. I submit a statement of appropriations made for the benefit of these Indians : The act of August 5, 1894 (28 Stat. L., 303), eoutaiued an appropriation of $6,000 for the support, civilization, and Instruction of the Seminoles in Florida, one-half of said sum to be expended by the Commissioner of Indian AfEairs in procuring permanent homes for said Indians. The act of March 2, 1895 (28 Stat. L., 892), contained a similar appropriation" of $6,000, one-half to be expended in the discretion of the Secretary of the Interior in procuring homes for said Indians. The acts of June 10, 1896 (29 Stat. L., 337) ; .June 7, 1897 (30 Stat. L., 7$) ; July 1, 1898 (30 Stat. L., 586) ; and March 1, 1899 (30 Stat. L., 938), each con^ tained a similar appropriation of $6,000, one-half to be expended in the discrfr^ tion of the Secretary of the Interior in procuring permanent homes for these Indians. In the act of April 4, 1910 (36 Stat. L., 274), $15,000 was appropriated for the relief of distress among the Seminole InJians in Florida, and for purposes of their civilization. A similar appropriation of $10,000 was made by the act of March 3, 19U (36 Stat. L., 1063). By the act of June 30, 1913 (38 Stat. L., 86), the unexpended balance of $10,000 made In the act of March 3, 1911, was reappropriated and made available. The annual report of the Commissioner of Indian Affairs for 1900, page 101, shows that a total of 23,061.72 acres had been purchased for the use of the Seminole Indians in Florida at a cost of $13,355.52. Mr. Carter. The next amendment is No. 44, page 27, line 2, strike out " $25,000 " and insert " $35,000." Mr. Hayden. Why do you need that extra $10,000, Mr. Meritt? Mr. Meritt. We requested in our estimates $35,0()0 for this item. The discussion is found on pages 79 and 82 of the Senate hearings. The justification will be found beginning at page 209 of the House hearings. We have expended quite a large amount of money — nearly $1,000,000 — for an irrigation project for the Fort Hall Eeserva- tion, and we now need this appropriation to build laterals to the Indian allotments. We are required within a limited tinie to make beneficial use of the water, otherwise the Indians may be in danger of losing their water rights. Mr. Hayden. You had an unexpended balance last year from the appropriation of $25,000 of $1,759.12. Mr. Meritt. Yes, sir. Mr. KoNOP. In your statement before the Senate committee you stated you were satisfied with the appropriation allowed by the House. You said, "We agree to what the House has allowed.'* That is on page 83. Mr. Meritt. I do not recall making that statement. Mr. KoNOP. It says here, on page 83 : Mr. Mekitt. Mr. Chairman, we agree to what the House has allowed. Mr. Meritt. Mr. Chairman, we need this appropriation, but we will try to get along with the amount allowed by the House. We very much need the entire appropriation, however. INDIAN APPROPEIATION BILL, 1917. 59 Mr. Carter. The next amendment is No. 45, page 27, line 13 : That jurisdiction be, and is liereby, conferred upon tlie Court of Claims to liear, determine, and render judgment upon tlie claims, of whatsoever nature, both legal and equitable, of the following-named citizens of Idaho : Mrs. James Heatley and children, Abe Anderson, David Anderson, Neils Anderson, Chris. VVittinrich, W. H. Chester, William Williams, Fred Larsen, James W. Chester, Grant E. Barney, Joseph Nelson, John Swank, Mrs. Mattie M. Clement, Peter Anderson, Fred A. Rogers, George E. Tolmie, George W. Strong, Ira H. Hogan, Mrs. Donald Tolmie, Francis M. Merrell, junior, Charles C. Dewitt, John Boyd, Mrs. Abe C. Anderson, Lewis S. Pond, and L. S. Marriott, as to the amount of damages sustained as the result of the overflow of the land occupied by them and injury done to their improvements thereon held under possessory rights in connection with the construction by the Federal Government of the reservoir to provide storage water for the irrigation of lands belonging to the Indians on the Fort Hall Reservation in Idaho. Mr. Hayden. Does the bureau recommend this legislation ? Mr. Meeitt. No, sir; we submitted an adverse report on this -item of legislation. Our report is found in a letter to Chairman Stephens, dated March 19, 1914. Mr. Carter. Is that letter very long? Mr. Meritt. No, sir. Mr. Carter. Well, put it in the record. Mr. Meeitt. The letter reads as follows: Depaetment of the Inteeiok, WasMngton, March 19, lOlJf. Hon. John H. Stephens, Cliairman Committee on Indian Affairs, House of Representatives. My Deab Me. Stephens: In response to your letter of February 28, 1914, Inclosing copy of H. R. 1363.5, a bill authorizing the submission to the Court of Claims of the claims of sundry citizens of Idaho for damages sustained by reason of the overflow of their lands in connection with the construction of the reservoir to irrigate lands belonging to the Indians on the Fort Hall Reserva- tion in Idaho, I have the honor to advise you that the files in this case were, on February 11, 1914, transmitted to the chairman of the Senate Committee on Indian Depredations, in accordance with his request. Both the department and the Indian Office have reported on these claims on several occasions, and it has been held by both that all just claims for damages to lands and improvements within the Blackfoot Marsh reservoir site had been fully compensated. ■ I regret tliat I am unable to give you the full information requested, as the flies referred to have not as yet been returned. However, there is inclosed a copy of the letter of February 11, to Mr. Borah, which gives a brief history of the case. ^. , „ ,, ,„ki ^a In this connection I deem it proper to call your attention to H K. 1051 and H. R. 1052, proposing to appropriate money in settlement of the claims ot in-ea Larsen and Peter Anderson, respectively, two of the clatoants mentioned in the bill you have submitted. The department is this ^^^ sending adverse reports on said hills upon a reference from the chairman of ^he Committee on Claims. Very truly, yours, ^ ^ j^^^^_ First AssiilanI Secretary. Mr. Carter. Now, Mr. Meritt, what do you mean here by " pos- sessory rights," on page 28? . t , Mr. Meritt. This is not an item submitted by us. _ ■ v,. » Mr. Carter. What is meant by the words "possessory rights there? I want that in the record. That is on page 28, line d, "Held under possessory rights." ■ t +1,. ^^r^A .,t Mr Mepitt. They were simply in the possession of the land at that time without absolute title to the property. 60 INDIAN APPROPRIATION BILL, 191'7. Mr. Hatden. That is, they were squatters on the public land ? Mr. Meritt. I would not say that they were squatters exactly. Mr. Hayden. From the language, it would appear that they did not have a fee title to the land in question. Mr. Carter. Is Mr. Hayden's statement correct, that they were squatters at that time? Mr. Meritt. They may have been renters of Indian land. I would not like to call them squatters. Mr. Tillman. They may have been claiming title to it. If a man has a possessory right, he"^may have an actual right not determined by law, or he may be a mere squatter. Mr. Carter. The next amendment is No. 46, page 28, line 11, strike, out " in all, $140,250," and insert " for barn, $8,000; in all, $148,250.*' What is the necessity for that, Mr. Meritt? Mr. Meritt. This item was discussed at page 125 of the Sen- ate hearings. It was incorporated in the bill at the suggestion of Senator Curtis, of Kansas. We concurred in that amendment. We find that we have not sufficient barn facilities at this large In- dian school at Lawrence, and if this barn can be constructed we can do away with the services of one man. As it is now, the horses are stabled in various little shacks over the school property. Mr. Carter. When did you find that out, Mr. Meritt ? Mr. Meritt. We have known that we need a barn for that school, but we were keeping the estimates down as much as possible, and we did not ask for this in our estimates. Mr. Carter. You did not ask for that in the estimates, and it was not presented to the House committee at all? Mr. Meritt. No, sir; but we would be glad to have it included in the bill. Mr. Carter. The next amendment is No. 47, page 28, line 17 : For the construction of bridges across Big Soldier Creeli and Little Soldier Creek, witliin the Potawatomi Indian Reservation, Jackson County, Kansas, $10,000, to be expended under the direction of the Secretary of the Interior : Provided, That no part of the money herein appropriated shall be expended until the Secretary of the Interior shall have obtained from the proper authorities of the county of Jackson satisfactory guaranties of the payment by the said county of .Jackson of at least one-half of the cost of said bridges, and that the said proper authorities of the said county of Jackson shall assume full responsi- bility for and will at all times maintain and repair said bridges : And provided further, That any and all expenses above the amount herein named in connec- tion with the building and maintainig of said bridges shall be borne by the said county of Jackson. Mr. Hayden. Have these Indians any money to their credit in the Treasury ? Mr. Meritt. They haAe $127,800. The discussion of this item will be found on page 124 of the Senate hearings. Mr. Carter. Is that on an Indian reservation? Mr. Hayden. Yes, sir. Mr. Carter. What reservation is that? Mr. Meritt. The Potawatomi Indian Reservation, in Jackson county, Ivans.. Mr. Carter. Have the Indians any surplus land? Mr. Meritt. I think they have been allotted all their lands. This item was placed in the bill at the request of Senator Curtis. Mr. Hayden. You did not recommend it? INDIAN APPEOPKIATION BILL, 1917. 61 Mr. Mekiti'. We did not recommend it, but we would be glad to see the item stay in the bill. Mr. Carter. That involves the question of the barn again, ap- propriating money out of the Treasury for bridges and, things on the reservation, does it not? Mr. Mekitt. Yes, sir. Mr. Hayden. Is there any reason why it should not be made reim- bursable ? Mr. Meeitt. They have no surplus land, but I find that those Indians have in the Treasury $127,800. Mr. Hatden. Suppose we make it payable out of tribal funds instead of out of the Treasury? Mr. Meeitt. There is no objection to that. Mr. Caetee. The next amendment is No. 48, page 29, line 24: For reimbursement of Joseph Bradley, a member of the Saginaw, Swan Creek, anrl Black River Band of Chippewa Indians in the State of Michigan, for traveling and incidental expenses incurred by him as an authorized repre- sentative of said band while appearing before Congress and the Interior De- partment in January, February, and,March, nineteen hundred and sixteen, $250» or so much thereof as may be necessary, to be immediately available. Mr. 'Hayden. Since when did Congress adopt the policy of paying Indian lobbyists? Mr. Meeitt. Mr. Chairman, this item was placed in the bill on the floor of the Senate, at the request of Senator Townsend, of Michigan,^ and the discussion is found on page 6746 of the Congressional Rec- ord. I might add that Mr. Bradley was in the city during the win- ter months, looking after the claims of certain Indians of Michigan, and he was here at his own expense, and it was thought fair that the tribe or the Government should pay the expenses of this Indian. Mr. Carter. The tribe does not pay it; it is paid out of the Treasury. Mr. Meeitt. Yes, sir. Mr. Caetee. Was he the representative of the tribe? Mr. Meeitt. Yes, sir ; he was here representing the tribe. "Mr. Cari-er. Has this band of Chippewa Indians any money ? Mr. Meritt. They have a claim against the Government; and I would see no objection to making this item reimbursable. Mr. Caetee. Well, have they any funds on hand at all? Mr. Meeitt. No, sir. Mr. Caetee. None at all? Mr. Meeitt. No, sir. Mr. Caetee. Is this next amendment the result of Mr. Joseph Bradley's lobbying at the Capitol? . Mr. Meeitt. It is the result of his work here during the winter. Mr. KoNOP. I would like to ask a question. Was Mr. Bradley s contract with the Indians approved by the bureau? Mr. Meeitt. No, sir. j. j.? Mt. Konop. He never made an application for a contract { Mr. Meeitt. He is not an attorney. Pie was here representing his tribe, without regard to the fact that he was not an attorney. JMr. Bradlev is a Michigan Indian. , ,i x -u i -i Mr. Hatden. Was he authiarized either by the tribal councils or the bureau to come here? 62 INDIAN APPEOPKIATION BILL, igi"?. Mr. Meritt. He has been coming here for several years in behalf of those Indians. Mr. Hayden. How does it come that he does not have a bill in for previous years? He seems to be in a hurry to get his money this year. Mr. Meeitt. I think he now needs this money. Mr. Carter. The next amendment is No. 40, page 30, line 7: That the act of June twenty-fifth, nineteen hundred and ten, entitled "An act for the relief of the Saginaw, Swan Creeli, and Blaclc River Band of Chippewa Indians in tlie State of Micliigan, and for other purposes," be, and hereby is, -amended so as to read as follows: "That jurisdiction i' hereby conferred upon the Court of Claims, with the right of appeal to tht.- Supreme Court of the , United States, to consider and adjudicate any claim, arising under treaty stipu- lations or otherwise, which the Saginaw, Swan Creek, and Black River Band or other band of Chippewa Indians residing in the State of Michigan have against the United States ; and such suit or suits as may be instituted here- under shall, if the convenience of the court admit, be advanced upon the docket of either of said courts for trial, and be determined at the earliest practicable time. " Sec. 2. That upon the final determination of such suit or suits the Court of ■Claims shall decree such fees as the court shall find to be reasonable, to be paid to the attorney or attorneys employed by the said band of Indians, and the same shall be paid out of the sum found to be due said band of Indians when an Jippropriation therefor shall have been made by Congress : Provided, That in no case shall the fees decreed by the court exceed in amount such sum or sums as may have been fixed therefor under the terms of any contract entered into between the Indians and their attorney in conformity with section twenty-one hundred and three and the following of the Revised Statutes of the United States for the prosecution of their claim." Mr. Carter. What is the amount of this claim ? Mr. Meritt. The amount has not been determined. This item was discussed on page 404 of the Senate hearings. Mr. Carter. They know how much they claim, do they not? Mr. Meritt. No, sir ; they do net claim any specific amount. They simply want the matter to go to the Court of Claims, and for that court to determine the amount. Mr. Carter. Can you give the committee any approximate esti- mate of what might be the amount of this claim — what the maximum :amount is ? Mr. Meritt. I can not state definitely the amount that they claim. It covers a period of several years. Mr. Carter. Is it as much as $50,000 ? Mr. Meritt. Yes, sir ; I should say it would amount to more than :that. Mr. Carter. Would it be $100,000? Mr. Meritt. I think it would be between $100,000 and $200,000. That is my recollection. Mr. Carter. What is the basis for the claim, Mr. Meritt ? Mr. Meritt. We did not ask for this item ; it was included in the bill at the request of a Senator. It is one of those general items sub- mitting claims to the Court of Claims, and the Indians can, under ■this item, bring in all the claims they may have against the Gov- ernment. Mr. Carter. It might amount to a million dollars? Mr. Meritt. Yes, sir ; but it is my understanding they do not have any such amount as that in their claim. Mr. Carter. Have they taken this claim up with the Indian Bureau ? INDIAN APPKOPEIATION BILL, 1911. 63 Mr. Meeitt. Yes, sir; they have discussed it with us. There is legislation now on the statute books which permits this tribe to go to the Court of Claims. Mr. Carter. There is legislation permitting that now? Mr. Meritt. Yes, sir ; but this is an amendment of that law. The law limits the amount that may be paid to attorneys to $10,000, and that includes all expenses, and heretofore they have not been able to get an attorney to take this claim for that amount of money ; and it IS for the purpose of removing the limitation so that they can get an attorney to pay the expenses of the litigation and who will also get a reasonable fee in addition to being reimbursed for expenses. Mr. Carter. In what way does this language change the present law ? I will read the present law : That jurisdiction is liereby confei-retl upon tlie Court of Claims, witli tlie right of appeal to the Supreme Court of the United States, to consider and adjudicate any claim arising under treaty stipulations or otherwise with said band of Chippewa Indians. Mr. KoNOP. You will find that language right here on page 464 of the Senate hearings. Mr. Meeitt. The first part of the item of legislation, if I remem- ber correctly, is not changed materially, but section 2 is changed. Mr. KoKOP. Bead the section of the act that it is proposed to change there. Mr. Carter. This is from the Senate hearing on the bill, page 465, present session : Senator Pittman (presiding). What is the pleasure of the committee on this amendment? - Senator Geonna. Senator Lane proposes to have it go on as an amendment to the Indian appropriation bill. Senator Page. He asked that it go on, as a personal favor to Senator Towns- end. Personally, I have no objection. Senator Clapp. I would yield more to a Senator who is not a member of the committee, and I believe we should, than to members of the committee in a matter of that kind. Senator Page. If we approve it I do not care to have the letter read. Senator Pittman. It is agreed to? Senator Gkonna. I have no objection to having it go on the appropriation bill. Senator Pittman. It is agreed to. Mr. Meeitt. Section 2 of the act of June 25, 1910 (36 Stat. L., 829), reads as follows: That upon the final determination of such suit or suits the Court of Claims shall decree such fees as the court shall find to be reasonable, upon a quantum meruit for services performed, to be paid, and same shall be paid out of the sum found to be due said band of Indians when an appropriation therefor shall be made by Congress : Provided, That in no case shall the fees decreed by the court amount in the aggregate to more than 10 per centum of the amount ot the judgment recovered, and in no event shall the aggregate exceed $10,000. They want to amend the law so that there will be no other limita- tion except as contained in the contract approved by the department. Mr. KoK OP. I do not think we ought to do that. Mr. Carter. The next amendment is No. 50, page 31, line 17, strike out " in all, $61,675 " and insert : To gi-avel and improve the road leading from the school building to the south line of the reservation, $1,000; to blast out and deepen the ditch and creek on said reservation, $2,000 ; in all, $64,675. 64 INDIAN APPHOPBIATION BILL, 1917. Mr. Meritt. This item was included in the Indian bill afc the re- quest of Senator Clapp. We will be glad to see the item remam^ m the bill. The discussion is found on pages 493 and 501 of the. Senate hearings. Mr. Carter. The next amendment is No. 51, page 32, lin«^10: Provided, That not to exceed $60,000 of said amount, and the one-fourth interest on the tribal funds of the Chippewa Indians of Minnesota now to their Ci-edit in the Treasury to be used for the maintenance of free schools, shall he used for the compensation of employees in the Indian Service In Minnesota except for Irregular laborers, and that the said Chlppewas shall receiye the preference in filling permanent positions in the service of the Chlppewas of Minnesota where the compensation is paid from their tribal funds: Provided further. That not less than $10,000 of said amount of $185,000 may be- used t» furnish employment to the said Chlppewas In building roads and.makipg other improvements upon the Chippewa reservations in Minnesota for the benefit of the said Chippewas, and $10,000, or so much thereof as may be necessary; to establish an electric light plant at the White Earth Agency, the boarding school there and the village of White Earth, Minnesota, said plant, or its pro- portionate share of expenses to be maintained by the residents- of White Earth village under such rules and regulations as may be prescribed by, the Secre- tary of the Interior. What is the necessity for this, Mr. Meritt? Mr. Meritt. Mr. Chairman, we do not believe there is any urgent necessity for this amendment. It was placed on the bill by Senator Clapp at the request of a delegation of Indians from Minnesota. It is a limitation on the appropriation of $185,000. We did. not ask for it. We have no serious objection to it. The discussion will be found on pages 453-454 and 455 of the Senate Hearings. Mr. Carter. The next amendment is No. 52, page 33, line 12: That the Secretary of the Interior be, and he Is hereby, authorized to convey by patent In fee simple to independent school district numbered one, of Mahno- men County, Minnesota, for the purpose of a demonstration farm in connec- tion with the agricultural department of the public schools of said place, that certain tract of lantl which had been set apart for the now abandoned' Mahno- men Indian day school, said tract being described as follows, to wit : West half of the southwest quarter of section eleven, township one hundred and forty-four north, range forty-two west of the fifth principal meridian, in Min- nesota : Provided, That the purchase price of the property conveyed, which shall be not less than its appraised value, shall be divided equally among those members of the Pembina Band of Indians living on the date of passage of this act who were born prior to July twenty-first, nineteen hundred, but were not included on the Allotment schedule approved on that date ; appraisMHent of the property and payment of the proceeds to the said Indians to. be under such rules and regulations as the Secretary of the Interior may prescribe: Provided further, That this sliall not be construed to affect any; rights involved in pending litigation. Mr. Hayden. What about that, Mr. Meritt? Mr. Meritt. That item, is discussed on page 455 of the S.enatp hearings. It was included in the bill at the request of Senator Clapp. Mr. Hayden. Does the Ind'an Office approve of it? Mr. Meritt. We did not ask for it. Mr. Hayden. What is the idea of paying money to Indians wljp Avere not included on the allotment schedule of Indians in 1904 ?; Mr. Meritt. I thinfe Senator Clapp can explain this item belter than I could. Mr. Hayden. You have no information on that subject? Mr. Meritt. We haive no ajccurate information on the itemi. INDIAN APPKOPELATION BILL, lOlT. 65 Mr. C.AiiTEH. The next amendment is No. 53, page 34, line 10 : That the Secretarj' uf lUt' Interior be, and lie is liereby, autliorized ana ilirected ro issue to the Nortliern Minnesota Conference of tlie Metliodlst JSpiscopal Cluirch a iiatent in fee for forty acres of land on thi' Nett Lake Indian lleservation in Minnesota, described as follows: South half of northeast quarter of lot one; north half of southeast quarter of lot one; south half of north half of northeast quarter of lot one ; north half of south half of southeast quarter of lot one ; south half of northeast quarter of northwest quarter ; and south half of south half of north half of northeast quarter of northwest quarter, all in section nineteen, township sixty-five north, range twenty -one west of the fourtli principal meridian, containing forty acres more or less ; such patent to be in lieu of that authorized and directed in the act of August first, nineteen hundred and fourteen (Thirty-eighth Statutes at Large, page five hundred and ninety-one). Mr. Meritt. This item is discussed on page 460 of the Senate hearings and on page 234 of the House hearings. There was legisla- tion passed two years ago which directed the Secretary of the Interior to issue a patent to this Northern Minnesota Conference of the Methodist Episcopal Church to land which was at that time being used for agency purposes, and there are Government buildings as well as Indian homes on the land described in the act. We are asking that the legislation be amended so that they can get land that will not conflict with the land now occupied by the Government. Mr. Hatden. The other description was erroneous? Mr. Meritt. Yes, sir. Mr. KoNOP. I think that provision was in the House bill — on page 27 of the House bill — when we reported it to the House, but it must have been stricken out in the House on a point of order. Mr. Meextt. The description of land here is satisfactory both to the Indian Office and to the Methodist Episcopal Church interested. Mr. Hayden, This description must be different from the de- scription in the House bill, because it is very much longer. Mr. Meritt. Yes, sir ; it is a different description. We have been in correspondence with the superintendent since the bill was up before the House committee, and we reached an agreement as to what land this church should have. . . Mr. Hayden. Are you giving them more land than was originally proposed? Mr. Meritt. No, sir; we are giving them 40 acres of land, the amount they had a right to under former legislation. Mr. KoNOP. But in the House bill here it says " patent in fee for 5 acres, to be legally described as the southeast corner of lot 1, section 19, township 65, north," etc. Mr. Meritt. But the legislation now on the statute books author- izes and directs the Secretary of the Interior to give them a patent to 40 acres, and this description here gives them 40 acres. Mr. Hayden. As I remember that case, we originally passed a bill granting them 40 acres of land. We have since reported to the House here a bill which provides that out of that particular 40 acres we would give them 5 acres. Now, you are going to give them 6 acres and 35 acres in addition. Mr. Meritt. Yes, sir; we are going to give them 40 acres alto- gether, but we will give them land not now being used by the Govern- ment or occupied by Indians. 36345 — PT o — 16 5 66 INDIAN APPKOPRIATION BILL, 1911. Mr. Carter. The next amendment is No. 54, page 35, line 22: The superintendent of lugginy upon the (I'hippewa Reservation in Minnesota is Iiereby authorized to expend not to exceed $25,000, or so much thereof as may be necessary, from the amount derived from the sale of tlie pine timber of the Chippewas of Minnesota, in the payment of scalers, check scalers, as provided by the act of January fourteenth, eighteen hundred and eighty-nine (Twenty-fifth Statutes at Large, page six hundred and forty-two), and such clerks as he may employ. Any act not in conformity with this provision is liereby repealed. A detailed statement of all the expenses hereinafter incurred and paid from the tribal funds of the Chippewas of Minnesota shall be reported to Congrss annually. Mr. Hayden. Does the Indian Office approve that additional pay roll? Mr. Meritt. We did not ask for this legislation. It was incorpo- rated in the bill at the request of Senator Clapp. We interpose no serious objection to its enactment, if Senator Clapp desires it. The item appears at page 455 of the Senate hearings, but there was no discussion printed. Mr. Carter. The next amendment is No. 55, page 36, line 9, strike out all down to and including line 2, page 37, and insert : Hereafter on ceded lands in the State of Minnesota embraced within the provisions of the law entitled " An act for the relief and civilization of the Chippewa Indians in the State of Minnesota," approved .January fourteenth, eighteen hundred and eighty-nine, the minerals in and mineral rights pertaining to any of the lands, the cession of which was provided for in said act, and for which the United States has not conveyed title, shall be and remain in and are reserved for the use and benefit of the Chippewa Indians in the State of Minnesota. Mr. Meritt. This item will be found at page 233 of the House hearings and at page 457 of the Senate hearings. We would prefer that the amendment incorporated in the bill by the Senate commit- tee should stay in the bill, rather than the provision in the House bill. Mr. Hatden. I would think, Mr. Meritt, that the language adopted in the Senate is the same as in the Book of Estimates. Mr. Meritt. Yes, sir. Mr. Hayden. We had before us a delegation of Chippewa Indians from Minnesota, and in talking the matter over with them they did not know whether there was any mineral up there or not. They said that they would be perfectly willing to pay out of their own funds to have a geological examination made to ascertain if there was any ' minerals, and if any mineral was found, the land could be reserved. It was at their request that we adopted this amendment. Mr. Meritt. I think they changed their minds after the bill got over to the Senate. This amendment was included at the request of Senator Clapp Mr. Hayden. As a matter of fact, the House provision is better, for the reason that the Senate language clouds the title to all the lands belonging to these Indians in Minnesota. If any mineral is found on any of this land hereafter, it is reserved. Mr. Meritt. It is simply reserved for the benefit of the tribe. Mr. Hayden. I understand, but you do not know whether there is any mineral there or not, and you are clouding all the title by re- serving it in this way. We should do as is done when Indian reser- vations are opened by providing for an examination by the Geologi- cal Survey. If any mineral is found, it is reserved; otherwise the INDIAN APPKOPKIATION BILL, 191'7. 67 land may be sold. It seems to me the House policy is very much better than the Senate amendment. Mr. KoNOP. I think the matter was discussed quite a little on the floor of the House and finally it was concurred in unanimously. Mr. Meritt. Well, we will be satisfied with either one. Mr. Carter. The next amendment is No. 66, page 37, line 13: That the sum of $6,000, or so much thereof as may be necessary, of the tribal funds of the Chippewa Indians of the State of Minnesota, Is hereby appro- priated to pay the expenses of the general council of said tribe to' be held at Bemidji, Minnesota, beginning on the second Tuesday of July, nineteen hun- dred and sixteen, pursuant to the constitution of the general council of said Cliippewa Indians of Minnesota, organized in May, nineteen hundred and thirteen, and to pay the actual and necessary expenses of the delegates who attended the meeting of said general council, conniiencing .June twelfth and ending June fourteenth, nineteen hundred and fifteen, at White P'arth, Minne- sota, and at Detroit, Minnesota, October fourth, nineteen hundred and fifteen, and also the necessary expenses of the members of the executive committee of said council when attending to the business of the tribe, and to pay the ex- penses to Washington, in January and February, nineteen hundred arid fifteen, and in January, February, and March, nineteen hundred and sixteen, of the delegations of the Chippewa Indians of the State of aiinnesota, appointed by the president of said general council pursuant to the resolutions of said gen- eral councils of August fourteenth, nineteen hundred and fourteen, and June fourteenth, nineteen hundred and fifteen, to present the affairs of said Indians of the State of Minnesota to the officials of the United States ; said $6,000 to be immediately available, and the expenses of said delegation to be paid by the Secretary of the Interior upon itemized accounts approved by the president of the executive committee of said council and certified to by the secretary of the council. The Secretary of the Interior may authorize an inspector, or special agent, or Indian superintendent, to attend future sessions of said gen- eral council and conventions to which delegates therefor are elected. Mr. Hatden. Does the Indian Office approve of this amendment? Mr. Meeitt. This was not included in the estimates of the Interior Department or the Indian Office. It was incorporated in the Indian bill before the Senate committee by Senator Clapp. The hearings on this item begin at page 461 of the Senate hearings. Mr. Carter. Do those hearings show that the Indians want this done themselves? Mr. Meeitt. There are two factions of Indians on the White Earth Eeservation, the mixed bloods and the full bloods. The full bloods are more or less opposed to this item and the mixed bloods are very much in favor of it. Mr. Carter. The next amendment is No. 57, page 39, line 7 : For the tuition, board, books and paper, and traveling expenses to and from their respective homes of two Chippewa boys for the school year ending .Tune tenth, nineteen hundred and fifteen, .$1,500; and for five Chippewa boys for the school year ending June tenth, nineteen hundred and sixteen, $3,250 ; at Kee- waton Academy, Wisconsin, incurred under tlie authority of the general council of the Minnesota Chippewas, said amounts to be paid upon vouchers being sub- mitted to the Commissioner of Indian Affairs, and approved by the board of Indian education of the said general council: Provided, That the said pay- ments shall be made from the tribal funds of the Chippewa Indians of Minne- sota in the Treasury of the United States, Mr. Carter. What have vou got to say about that item, Mr. Meritt? " . ^, . .^ Mr. Meritt. This was not included in our estimates. Ihis item was placed in the Indian bill by Senator Clapp. It appears on page 553 of the Senate hearings. . . Mr. Hatden. Is Keewaton a private institution or an Indian school ? 68 INDIAN APPEOPEIATION BILL, lOn. Mr. Meritt. It is a privaie institution. Mr. Hatden. It costs $750 a year to send boys to that school ? Mr. Mehitt. That would include hoard and other expenses. Mr. Carter. You say that appears on page 553 of the hearings? Mr. Meritt. Yes, sir. Mr. Carter. Well, Mr. Meritt, it has been the custom in the past to appropriate for some of those boys going to school, has it not ? Mr. Meritt. Yes, sir; there have been one or two appropriations made. JMr. Carter. We appropriated for more than two in the past, did we not ? Mr. Meritt. I believe there was a provision for more than two. • Mr. Carter. There has never been any attempt before to name the specific school to which they should go, has there ? Mr. Meritt. No, sir. Mr. Carter. Why should a specific school be named here? Mr. Meritt. These boys are now in that school. Mr. Carter. But you would have the right to continue them at that school or any other school you might deem better equipped to take care of them if the name of the school was left, would you not? Mr. Meritt. Yes, sir. Mr. Carter. Would it not be better legislation to leave that juris- diction with the Indian Bureau? Mr. Meritt. I think so. Mr. Carter. Suppose that these boys were mistreated at Keewatin ; suppose they became dissatisfied and were not doing well there. Under this language the bureau has no discretion at all, but would have to keep them at that school or take them out of school. Mr. Meritt. Yes, sir. Mr. Cartei!. Are there not some other boys that are just as much entitled to this special privilege as these two boys are? Mr. Meritt. Yes, sir. Mr. Carter. In fact, are there not some six or seven that have been attending school just as these two have been attending in the past? Mr. Meritt. This item provides for more than two. It provides for seven, I believe. Mr. Carter. The reason I am asking you about that is that I have a letter from a boy — I have forgotten his name — who says he has been attending school under this provision and has only one more year to finish college, and that if this provision is left in the bill, that while the other boy will be permitted to continue the course, he will not. Mr. Meritt. I see no objection to amending the item, Mr. Carter, as you suggest. Mr. KoNOP. I think the reason that school was mentioned was because it is in Wisconsin, and presumably it is a very good school. [Laughter.] Mr. Carter. The next amendment is No. 58, page 39, line 20 : That the sixth parnsmph of section nine of tlie Act approved June thirtieth, nineteen liundred and thirteen (Thirty-eighth Statutes at I.arge, page eighty- nine), be, and the same hereby Is, amended by striliing out the words "one of whom shall be selected by the Dejiartment of .Justice," in the third line thereof, and substituting therefor the words " one of whom shall be selected from assist- ants to the Attorney General, and who shall continue as such commissioner during the pleasure and under the dii'ection of the Attorney General." INDIAN APPKOPEIATION BILL, 1917. 69 What is the purpose of that, Mr. Meritt ? Mr. Meeitt. There are two or three items there that read together, and I think we should read the next amendment. Mr. Carter. Very well. The next two amendments are as follows: Nos. 59 and 60 : That the uuexpeiiaed Inilaiuv of the appropriatiou for carrying into effect the provisions of tlie act of .June thirtieth, nineteen hunclrecl and thirteen, making appropriations for current and contingent expenses of tlie Indian Serv- ice for the fiscal year ending June thirtieth, nineteen hundred and fourteen (Thirty-eighth Statutes at Large, page eighty-nine), creating a commission to prepare a roll of the allottees within the White Karth Reservation, in the State of Minnesota, and defining the duties of such commission, is hereby reap- propriated and made innnediately available for the payment of expenses in- curred and salaries earned by the said commissioners, or under their direction, in carrying out the provisions of said act since .June thirtieth, nineteen hun- dred and fourteen, and for the purpose of continuing the work of such com- mission under said act. That for the completion of the enrollment of the allottees within the White Earth Reservation, in the State of INIinuesota, required by the act of June thirtieth, nineteen hundred and thirteen, as amended by this act, there is hereby appropriated the sum of $5,000, or so much thereof as may be necessary for that purpose. This aijpropriation shall continue available until expended or the work of the said commission shall have been completed. Mr. Hayden. Now, how about that, Mr. Meritt? This item was discussed, beginning at page 465 of the Senate hearings. Mr. Meritt. Mr. Chairman, the act of June 30,1913 (38 Stat. L., p. 89) , authorized a commission to be formed for the purpose of estab- lishing the blood status of the Indians of the White Earth Reserva- tion in order to carry out certain amendments to the Indian appro- priation bill, which removed restrictions on the adult mixed bloods, and retained the restrictions on the full bloods. Since the passage of that act the personnel of this commission has been changed and also the appropriation bill of last year failed, and the appropriation was not continued to pay the expenses of this commission. The member of the commission at that time who represented the Depart- ment of Justice has since resigned from the service, and a new attor- ney has been appointed to take charge of litigation on the White Earth Reservation, and it is for the purpose of enabling the reestab- lishment of this commission and to enable the Attorney General to name his special assistant on this commission that this legislation has been drafted. Mr. Hatden. Have these Indians any funds? Mr. Meritt. Yes, sir. Mr. Hayden. Why, then, should we appropriate this $5,000 out of the Treasury? . , _ Mr. Meritt. The Chippewa Indians have $6,000,000 m the Treas- ury oif the United States, and I see no objection to this appropriation being reimbursable out of their funds. Mr. Carter. We have no agreement with them that the roll should be made at the expense of the Government, have we ? Mr. Meritt. No, sir. This item was not included in our estimates. It was incorporated in the bill at the request of Senator Clapp. Mr. Carter. Mr. Chiperfield, do you Avant to be heard on this matter ? Mr. Chiperfield. Yes ; I do. Mr. Carter. Very well, you may proceed now. 70 INDIAN APPEOPEtATIOSr BILL, 1917, STATEMENT OF HON. BUENETT M. CHIPERFIELD, A REPRESENTA- TIVE IN CONGRESS FROM THE STATE OF ILLINOIS. Mr. Chipeetield Mr. Chairman, if this committee knew the pov- erty-stricken condition of those Indians, if you knew the injustices that have been inflicted upon them, multiplied and remultiplied, and now going on to-day, until if the department does not change its course they are going to be exterminated, you would not want, gen- tlemen — the most careful manager would not want to add a dollar to the expenses for which this tribe is primarily answerable. Some- body, somewhere, somehow, ought to speak for these Indians. They are as sorry a spectacle of Indians as exist in the United States to- ^ day, and I have taken the matter up with the department time_ after ' time. Somebody ought to be their friend somewhere, and it simply fills me with inclignation and sympathy for them. Now, I have not a particle of interest in this matter, any more than any other humanitarian individual would have. These people have $6,000,000 in the Treasury, and the expenses of everything that can be put upon them is taken from their funds. That may be the rule Math reference to other Indians, I do not know about that, where they have tribal property. There are about 7,000 or 8,000 of these Indians, I do not know the exact number < Mr. Hayden (interposing). The Indians desire to have this roll made promptly, and it is only going to cost $5,000. They have $6,000,000 to their credit. It is the custom of the committee in a case of that kind to pay for such work from the tribal funds. Mr. Ci-iiPERFiELD. I am not making any criticism of the com- mittee or anyone else. I am simply speaking of the condition of these Indians, so that in view of that fact you may apply your judgment concerning this item. Mr. Carter. Are they poverty stricken, you sayl Mr. Chiperfield. They ai'e absolutely poverty stricken. They have a lot of forest land up there, part of which they are trying to take away from them — land upon which no farmer could or would even try to make a living. Mr. Carter. Who is trying to take it away from them? Mr. Chiperfield. Everybody, I think, including the Indian De- partment. I believe in speaking plainly about these matters. Mr. Meritt. I want to ijrotest against a statement of that kind. Mr. Chiperfield. I will make my statement and give the facts upon which I base it. These Indians have not been protected to get a fair price for their timber. They are not going to be protected; it is not the purpose to protect them, and they are not being insured a proper regard for their rights; and it is strange — it is passing strange — that a man has to come from outside the State of Minnesota, a man who has no possible connection with these Indians, and speak of this injustice. Let me just say this, Mr. Chairman. I am not an alarmist; I am not an extremist. If there is a conservative man in this House, I am a conservative man. I have gone through these tribes, and I have seen these people in their suffering and sickness, and it is enough to touch the heart of any man to see their unfortunate condition. Mr. Dill. '\^liat do you think ought to be done, Mr. Chiperfield? INDIAN APPEOPEIATION BILL, 1917. 71 Mr. Chipekfield. I will tell you what I think ought to be done, and I wish it would be done. I wish this committee would father a resolution to provide for a committee of Congress to go and inspect the condition of these people and see the manner in which their affairs are being administered. Then you do not have to take the word of any man for it. You will know for yourselves. Mr. Tlllman. Are they capable of handling their own money? Mr. Chiperfield. Not in the opinion of the department, but they were capable of making a treaty that took from them practically everything they possessed on earth. The Government did not deal with them at arm's length then, although they are so solicitous and careful at the present time. These people are suffering from tubercu- losis and syphilis and trachoma. They are starving, and I care not who makes the statement to the contrary, for I know these people personally ; I have seen them myself. I got a letter a few days ago from a couple of these Indians. One was an Indian by the name of Little Frenchman. The other was an Indian by the name of John Stout, and they told me how their people are hungering and praying for spring. Now, that is not merely a term they are using in the way of allegorical speech or anything of that kind. These people are suffering, and they are praying for the coming of spring, because that means a little relief. Mr. Carter. What percentage of them are mixed bloods? Mr. Chiperfield. I could not tell you, but the percentage is quite large, and the mixed bloods up to a certain point are more degraded than the full bloods. Mr. Hayden. Now, as to sections 61 to 65, to which you object, had we not better read these through and get the opinion of Mr. Meritt and then hear Mr. Chiperfield further? Mr. Meeitt. I do not want to make any extensive reply, but I do know that the statement made that the Indian Bureau is trying to take this timber away from the Indians is absolutely not in accord- ance with the facts. Mr. Chiperfield. But are you protesting against this section? Mr. Meritt. No, sir. Mr. Chiperfield. You are approving it, are you not ? Mr. Meritt. The department has submitted a favorable report on similar legislation. Mr. Chipeefleld. And the Indian Bureau are approving it, are you not? Mr. Meritt. Yes, sir. Mr. Chiperfield. Then, as I say, you are a party to it. Mr. Meritt. May I add just one statement? Mr. Carter. Yes. Mr. Meritt. The Chippewa situation must be studied a little bit in order to appreciate the conditions prevailing among those Indians. The act of Congress, passed without the recommendation of the Interior Department, removed the restrictions on all the adult mixed bloods in the White Earth country. I will concede that as a result of that legislation a large number of those Indians have been de- prived of their property. But that was not the fault of the Indian Bureau, and we have had nothing to do with it. The jurisdiction of the department was removed by legislation. We could not help that condition. 72 INDIAN APPEOPEIATION BILL, 1911. Mr. Carter. Let me ask you about that legislation, Mr. j^entt. Didn't Congress pass an act removing the restrictions on mixed-blood Indians without making any roll whatever of the Indians as to the degree of blood? Mr. Meritt. Yes, sir. Mr. Carter. So that the question was left simply to the statement of the man who wanted to sell his 'land, with reference to whether he was full blood or a mixed blood ? In other words, if a man wanted to sell his land, in order to alienate that land all he had to do was to come to court and testify that he Avas a mixed-blood Indian? Mr. Meritt. Yes, sir. Then he would give a title to his land. And there is considerable litigation now going on in the courts, • and we are trying to protect those full-blood Indians who disposed of their land under that legislation. Mr. Carter. Now is the purpose of making this roll to determine the degree of blood that wrongs can be corrected ? Mr. Meritt. We would like to have the status of those Indians definitely determined, so that we can better protect the interests of the full iDloods. Mr. Carter. Now is this $5,000 to be used to make a roll whereby the status of the blood of an Indian can be determined? Is that the purpose ? Mr. Meritt. That is the purpose. Now, as to the funds in the Treasury, we admit that those Chippewa Indians have $6,000,000 to their credit at this time, but under the treaty and under the laws enacted by Congress we can not pay out a dollar of those funds now to those Chippewa Indians, until the expiration of 50 years from the date of that act of Congress. We are trying to get that remedied by legislation submitted at this session of Congress, and we have that item of legislation before Congress now. Mr. Carter. You mean you are trying to get it so you can pay the money now ? Mr. Meritt. So that we can pay money to those Indians and relieve any suffering on those reservations. Mr. Carter. Now, suppose you should get legislation to pay out this 6,000,000 now, which was not to be paid out until 50 years. Would that eventuate in the possibility of a claim against the Federal Government by some of those Indians who are born after this pay- ment is made ? Mr. Meritt. No, sir; the legislation in the Indian bill does not authorize the payment of the entire $6,000,000. We simply ask to pay about one-f rurth of that amount to the Indians. Mr. Carter. The next amendments are Nos. 61, 62, 63, 64, and 65, page 41, line 3: To carry into effect the act entitled "An act for the relief and civilization of the Chippewa Indians in the State of jSIinnesota, approved .Tantiary fourteenth, eighteen hundred and eighty-nine, to provide for the estahlishnient and adminis- tration of a forest reserve and for the sale of timber within the Red Lalte Indian Reservation, Minnesota," that the following-described lands within the Red Lake Indian Reservation, Minnesota, be, an(l the same hereby are, created into a forest reserve, to be known as the Red I^ake Indian Forest : Townships one hundred and fifty and one hundred and fifty-one north, ranges thirty-two, thirty-three, thirty-four, thirty-five, and thirty-six west, and townships one hundred and fifty-two and one hundred and fifty-three north, ranges thirty-two, thirty-three, and thirty-four west of the fifth principal meridian, except the lands in townships one hundred and fifty-one north, range thirty-six west, which INDIAN APPEOPRIATION BILL, 1917. 73 lie nortli of the north line of sections t\\enty-six to thirty, inclusive, and except all lands within sections four, five, six, seven, eight, nine," and eighteen in town- ship one hundred and fifty-three north, range thirtv-four west. The provisions of this paragraph shall not apply to any lands «hich have heretofore been reserved for school, agency, church, or town-site purposes or granted to private parties or corporations within the area described, nor to the town site of Red Lake, for the creation of which provision is made herein : Provided, That when any of said lands are no longer needed for the purpose for which they are re- served, the Secretary of the Interior may declare such lands to be a part of the Red Lake Indian Forest. That lands within said Red Lake Indian Forest, «-liich are not covered with standing and growing merchantable pine timber and which are suited for the production of agricultural crops and which are fronting upon a lake shore, may be allotted to individual Red I^ake Indians : Provided, That no such allot- ment shall exceed eiglity acres nor have more than eighty rods fronting upon a lake shore: Provided furtlier. That in case an Indian bas improved and culti- vated more than eighty acres, his allotment may embrace his improvements to the extent of one hundred and sixty acres. That said forest shall be administered by the Secretary of the Interior in accordance with the principles of scientilic forestry, with a view to the produc- tion of successive timber crops thereon, and he is hereby authorized to sell and manufacture only such standing and growing pine and oak timber as is mature and has ceased to grow, and he is also authorized to sell and manufacture from time to time such other mature and marketable timber as he may deem ad- visable, and he is further authorized to construct and operate sawmills for the manufacture of the timber into merchantable products and to employ such per- sons as he shall find necessary to carry out the purposes of the foregoing pro- visions, including the establishment of nurseries and the purchase of seeds, seedlings, and transplants when needed for reforestation purposes : Provided, That all timber sold under the provisions herein shall be sold on what is known as the bank scale : Provided further. That no contract shall be made for the establishment of any mill, or, to carry on any logging or lumbering operations which shall constitute a charge upon the proceeds of the timber, until an esti- mate of the cost thereof shall have first been submitted to and approved by Congress. That the Secretary of the Interior may issue permits or grant leases on such lands for camping or farming. No permit shall be issued for a longer term than one year, and no lease shall be executed for a longer term than five years. Every permit or lease issued under authority of this Act to Indians, or to other persons or corporations, and every patent for an allotment within the limits of the forest created by section one, shall reserve to the United States the right to cross the land covered thereby with logging roads or railroads, to use the shore line, or to erect thereon and use such structures as shall be necessary to the proper and economical management of the Indian Forest created by this act; and the Secretary of the Interior may reserve from allotment tracts considered necessary for such administration. After the payment of all expenses connected with the administration of these lands as herein pro\ided, the net proceeds therefrom shall be covered into the Treasury of the United States to the credit of the Red Lake Indians and draw Interest at the rate of four per centum per annum. The interest on this fund may be used by the Secretary of the Interior in such manner as he shall consider most advantageous and beneficial to the Red Lake Indians. Expendi- ture from the principal shall be made only after the approval by Congress of estimates submitted by the said Secretary. That the Secretary of the Interior shall select and set apart an area not exceeding two hundred acres, in sections twenty, twenty-one, twenty-eight, and twentv-nine, to«-nship one hundred and flfty-one north, range thirty-four west, cause the lands thus selected to be surveyed and platted into suitable lots, streets, and alleys, and dedicate said streets and alleys and such lots and parcels as he may consider necessary to public uses. The lands thus selected shall not be allotted, but held as an Indian town site, subject to further legisla- tion by Congress. That the timber on lands of the Red Lake Indian Reservation outside the boundaries of the forest created by section one may be sold under regulations prescribed by the Secretarv of the Interior and the proceeds administered under the provisions of the general deficiency act of March third, eighteen hundred and eighty-three (Twenty-second Statutes at Large, page fivo hundred 74 INDIAN APPEOPEIATION BILL, 191*7. and ninety), and the Indian apijropriation act of Marcli second, eighteen hun- dred and eighty-seven (Twenty-fourth Statutes at Large, page four hundred and sixty-tln-ee). Mr. Carter. What have you got to say in justification of that, Mr. Meritt? Mr. Meritt. Mr. Chairman, we did not ask that this item go on the Indian bill. There was a bill introduced in Congress by Senator Nelson in regard to this subject, and the Secretary of the Interior submitted a favorable report on that bill suggesting certain amend- ments. I will be glad to have the report of the Secretary incorporated in the record. Mr. Carter. Without objection that will be done. ' , (The rei)ort reads as follows:) Depaktment of the Interioe, Washington, March 2, 1016. My Dear Senator : I have the honor to acknowledge the receipt of your letter of .January 11, 1916, transmitting a copy of Senate bill 1323, providing for the establishment of a forest reserve within the lied Lake Indian Reservation, in Minnesota, and requesting uiy views as to the proposed legislation. Senate bill 1323, Sixty-fourth Congress, first session, is evidently identical with Senate bill 7179, Sixty-third Congress, third session, upon which I re- ported favorably on January 18, 1915. Upon further consideration of the sub.1ect I am convinced that certain pro- visions in Senate bill 1323 would be unsatisfactory. I believe that allotments . of agricultural lands should be permitted within the area reserved for forest purposes, and that the provision in section 4 for the issuance of permits to Indians for a period of 10 years is unnecessary and inadvisable. I attach a draft of legislation which 1 believe would be preferable to Senate bill 1323. This substitute bill reserves the same area, and has in view the same general ends as Senate bill 1.323. However, it allows allotment in agri- cultural land within the forest reserve, omits the provisions as to th.e issuance of 10-year permits to Indians, and contains in section 7 an authorization for the sale of timber on those portions of the Red Lake Reservation which are not included within the proposed Indian forest reserve. It also reserves from allot- ment an Indian town site. I should be pleased to see the legislation enacted in the amended form. Cordially, yours, FiiAKKLiN K. Lane, Secretary. Hon. Henry F. Ashxtrst, Chairman Committee on Indian Affairs, United States Senate. Mr. Meritt. This item now in the Indian bill follows very largely the recommendations of the department. Mr. Kong p. Eight in that connection, Mr. Meritt, are you going to follow the same proceeding that was followed in the Menominee Indian Reservation in Wisconsin about the building of these mills? Mr. Meritt. It is not intended to establish such a large milling operation on this reservation as we have at Menominee. That feature has not been worked out as yet. This legislation here will simply enable us to sell the mature timber on that reservation. Under the existing law we can sell only the dead and down timber on the res- ervation, and there is quite an amount of ripe timber on that reserva- tion that should be sold if the Indians are to get the full benefit of their property. Mr. Chiperfield. Would the chairman object if I ask the gentle- man a question? Mr. Carter. No, sir. Mr. Chiperfield. What do you mean by " ripe " ? Mr. Meritt. Timber that has ceased to grow and is deteriorating and should be cut and manufactured into lumber. INDIAN APPROPRIATION BILL, 1911. 76 Mr. Cnii'EUFiELD. Is there such timber as that among the pine up there? Mr. Meritt. Yes, sir. Mr. CiiiPEEFiELD. What price have you gotten for the timber, the pine on the stump, under the contracts that have been entered into on the White Earth Eeservation? Mr. Meritt. We have been selling but very little timber on the White Earth Eeservation. The Indians who had restrictions re- moved by Congress have sold their timber. Mr. Chiperfield. Don't you know, Mr. Meritt, that the lumber companies have been contracting with your department, with the approval of your department, for the timber on the White Earth Eeservation? I personally know this to be true. Now, what price have you been getting for that? Mr. Meritt. We get various prices for the timber on different In- dian allotments. But a majority of the timber that has been sold on the White Earth Eeservation has been sold from mixed-blood allot- ments, and we have not had anything to do with the sale of that timber. Mr. Chiperfield. But where it has been in the forest reserve it is, or where it has been on the allotments that belong to the full bloods or on unallotted land, can't you give this committee any idea of the prices you have been getting ? Mr. Meritt. I can get the figures from the Indian Office, and I will be glad to incorporate them in the record. Mr. Chiperfield. I thinlc they ought to be in the statement, for it is an utterly insignificant price. The figures will demonstrate that. It is not a question of what Mr. Meritt says or what I say ; the figures will speak for themselves. Mr. Meritt. I wish to submit the following statement relative to this matter : The only timber that hns beoii sold Avitliln the White l^arth Indian Reservation (luring the last livp years was that found upon full blood and minor allotments, which were scattered widely over the reservation and none of which contained a first-class stand of timber. All of the better timber had been allotted and sold. For the scattered tracts, from $5 to .f7 per thousand for white pine, and ?4 to $5.50 for Norway pine, have been received. The only timber that has been sold from the Red Lake Reservation, aside from a small amount of cedar posts and noles, has been dead white pine and Norway pine. For the dead white pine, .$0.05, and for the dead Norway pine, $4.05, have been received. Mr. Dill. Speaking of these sawmills, is the Indian Department building sawmills there now? Mr. Meritt. We built quite a large sawmill on the Menommee Eeservation, carrying out legislation that was enacted by Congress. Mr. Dill. I mean now, during the last year. Mr. Meritt. We have purchased small sawmills on a number of reservations. We probably have between 25 and 30 small sawmills on the various Indian reservations throughout the country. Mr. Dill. There has been a good deal of complamt about the one or two out in mv country. • i ^.u Mr. Meritt. We are using those sawmills to saw out timber on the reservations for the purpose of building Indian homes and supply- ing the Indians with fencing and lumber for various purposes. 76 INDIAN APPROPEIATION BILL, lOll. Mr. Hayden. There has been a good deal of complaint about the sawmill on the Menominee Eeservation? Mr. Meeitt. Yes, sir. Mr. Hayden. It has been very extravagantly run, has it not? Mr. Meritt. The complaint was co'\'ering the operations of several years ago, and not so much within recent years. There have been many complaints, however, against the superintendent of that reser- vation. Mr. KoNOP. Well, originally, Mr. Meritt, when the thing was started there was a whole lot of waste up there. There is not now, I think, as much as there used to be, is there? Mr. Meritt. No, sir. We have gotten it down now almost to a - commercial basis. Mr. Caetee. Mr. Meritt, in what way does this amendment No. 61 amend or supplement existing law ? Mr. Meeitt. Under existing law we can not sell any but dead and down timber on the Red Lake Reservation. Mr. Caetee. That is under this act for the relief and civilization of the Chippewa Indians. I notice this provision here says " to put into effect the act entitled 'An act for the relief and civilization of the Chippewa Indians in the State of Minnesota,' " etc. Mr. Meritt. That is a general act affecting the vaiious reserva- tions among the Chippewas. Mr. Carter. This act which has the caption of "An act for the relief and civilization of the Chippewa Indians in the State of Min- nesota," is a general act, is it? Mr. Meritt. Yes, sir; it is the act of 1887, known as the Nelson Act. Mr. Hayden. This forest reserve you propose to create is at Red Lake, not White Earth? Mr. Meeitt. This legislation has nothing to do with White Earth. Mr. Hayden. It applies only to Red Lake ? Mr. Meritt. Yes, sir. Mr. Carter. Your statement is that the only purpose of section 61 is to permit you to sell timber that is not dead and down? Mr. Meeitt. Of course the vaiious amendments cover more than that. Mr. Carter. I am talking about amendment No. 61. Mr. Meeitt. That enables us to sell both dead and down as well as matured timber. Under existing law we can not sell green timber, but only dead and down timber. Mr. Carter. Under existing law you can not sell matured timber? Mr. Meeitt. Yes, sir. Mr. Chipeefield. Why do you say th:it the Red Lake Reservation is not part of the Wliite Earth Reservation? It is true, is it not, that the Red Lake Indians are one band of the Chippewa Tribe ? Mr. Meeitt. Yes, sir. Mr. Chiperfield. And that while the different bands have differ- ent allotments, and this is given to the. Red Lake Indians, it is all a part of the tribal lands? Mr. Meritt. No, sir. Mr. Chiperfield. With that distinction? Mr. Meeitt. Because the White Earth Indians do not share in any way in the tribal lands on the Red Lake Reservation. INDIAN APPEOPKIATION BILL, 1917. 77 Mr. Chiperfield. No; but they all came from the tribal lands originally. Mr. Meeitt. Yes, sir; but only Red Lake Indians will be affected by this legislation. Mr. Chiperfield. That is true. Now, gentlemen, I am not going to weary you, but I do want a very few minutes to present this matter. This whole thing — and I do not say it in the objectionable sense of the term — is simply a " joker " in the interest of the lumber companies. That is all. I want to go back just a very short way, so that you may have a complete understanding of this matter. I do not attempt to instruct this committee, for your knowledge of thi- subject, I take it, is com- plete. But at an early day the Chippewa Indians, including the Red Lakers, the Pillager Band, the White Earth Band, and the Leech Lake Indians, were in possession and were the owners undoubtedly of about the northern half of Minnesota. A treaty was negotiated with them — and it is a travesty on our present system — a treaty was negotiated whereby they waived their rights in the greater portion of this territory, and in lieu of that they accepted a much more re- stricted territory, where the property was to belong absolutely to them. ^^Tien I say it is a travesty I have this in mind: The Indian Department to-day says that these men are not capable of receiving any of the funds that belong to them; that they are not capable of receiving the tribal funds at this time, except where they have been declared to be competent. I am not quarreling with that policj' of the department, but when the Government dealt with them they were competent, no matter how benighted their condition was at that time. They relinquished the greater portion of this land and now the hmall portion of land that is left to them — that you may understand the sit- uation, some of this land is covered with very fine pine timber, timber that if it had been propei'ly conserved would have meant a fortune for these Indians to-day. The various tribes were allotted certain locations wherein they were to participate, and the I'oll was closed some few years ago — 1 do not know just how many — and to-day there are 800 Indian children of the White Earth Reservation that have absolutely no lands, although they are of the class of Indians who would be entitled to participate in the lands. They are paupers, except for the $6,000,000 fund in which they participate. They have no lands and no rights to any lands. Now, this situation became so attractive to the lumber companies that it had to be exploited — and I will not modify a word that I say, for I understand precisely what I am saying. It had to be exploited for the benefit of the lumber companies, and so one of the steps was to commence and allow the lumber companies to cut the dead and down timber. That was a fact, because under the designation, " dead and down lumber," they went in and cut what timber they pleased. Now, that is not quite sufficient at the present time, so there must be m- cluded in this bill the term " ripe timber." I have been mtmiately associated with the pine country for many, many pears. I went to school in Minnesota ; I taught school in Minnesota. The first work I ever did in my life was done in Minnesota. I know the pine coun- try, and I know the ways of the lumber camps, and I never heard such a term used by any lumberman in all my life. Mr. Hayuen. The term in the bill is " mature." 78 INDIAN APPEOPEIATION BILL, 1911. Mr. Chiperfield. I took it that it was " ripe timber." Anyway, mature timber. Now, there is no maturity for pine timber until it is damaged by forest fire. Tliere is pine timber up there hundreds of years old, ancl this is, gentlemen, simply opening the doors so much farther. Now, this land belongs to these Indians. I want to say just a word as to my interest in this matter. I have known these Indians for many years. I haven't a penny's financial interest in any of them. On the contrarj', for years I have been sending in my own funds at different times to relieve distress among these Indians, simply from a humanitarian standpoint. I know intimately quite a number of these Indians. It has been my custom to take long canoe trips into ' Canada Avith them, and I have become intimately acquainted with their condition. I have letters protesting against the forest reserve. Now what noble purpose is in view in this legislation ? What bene- ficial purpose has the department that they want to serve for these Indians? I will tell you what it is. Senator Nelson has introduced this bill for the purpose of opening up the i-emaining timber of these Indians in order that the lumber companies may receive the benefit. It is for no other purpose on earth. It is idle to talk about any forest reserve. It is idle to talk about these Indians being benefited by anything of this sort. It means that under the guise of this law they are going to go in there and they are going to pick out the timber that is profitable for them, and they are going to allow the lumber companies to take this timber for a song. Now, so far as the sawmills that are intended to furnish timber for the agencies or for the schools, or for hospitals, or for the indi- vidual use of the Indians, tliat is all right as long as it is done that way and as long as it is properly operated. But this is simply say- ing, gentlemen, that these tracts of timber that are now standing, including the matured timber and the dead-and-down timber, and all the forest reserves and other timber, is to be cut and is to be sold at an insignificant figure. Mr. Hayden. If this lumber was sold at a fair price would you object ? Mr. Chiperfield. If these Indians were guaranteed, gentlemen, that they were to get the fair valuation of what is coming to them — which they never have gotten in all the world, I do not care who makes the statement to the contrary — if these Indians were to receive fair values for this timber there would be a very much different situation presented and a very much less objectionable situation. Mr. Hayden. Would you think it better to have the matured tim- ber cut and the proceeds turned into money for the benefit of the Indians than to leave it standing there ? Mr. Chiperfield. They are going into this timber and not clear- ing up the land in any sense of the word. They are simply picking out the timber as they come to it. I have not quite been able to get the significance of the "bank scale," unless that means the bank lumber is to be measured and paid for, notwithstanding the real scale of what is cut. But they are going in there and cutting out the tim- ber that appeals to them. Now, there isn't any such thing as gettnig a fair price for the timber, gentlemen. You figure the stumpage price of this timber INDIAN APPEOPKIATION BILL, 1911. 79 and it would not compare with the price that private individuals would pay or that private individuals would secure. Mr. Carter. Why couldn't a fair price be had for it? I am asking for information now. Mr. Chiperfield. I know you are, and I certainly would feel humiliated if I did not respond in precisely the same spirit. It is just for this reason — for the reason that no Indian in this section of the country has ever gotten a fair price for anything. He has been the legitimate prey of every man who could defraud him. Mr. Dill. You say they are in such need. Now, here is this tim- ber. They can not eat that ; they can not wear that. What are you going to do for them ? That is what I would like to get at. Mr. Chiperfield. Let me' answer that in just another way. I know Indians that have as much as $2,000 or $3,000 in the hands of the Interior Department, and the Interior Department is paying — the Indian Department is saying to those Indians, " We will allow you enough to keep life in your body; we will give you an order that says you can go to such and such a store and buy those precise things that you need, but you can not have the benefit of your own money." And there may be some who are not competent to receive their money. I am not here to say they are. But these Indians have funds — they have their tribal funds — and every expense of their agency, their hospitals, of their schools, of everything else, is taken from these funds; and if any man doubts my statement — although they have been cutting this timber on the Leech Lake Indian Eeser- vation — if any man doubts my statement of suffering and destitution and disease that exists there to-clay, a splendid way to ascertain that — and it is not so far — is to send a committee of a few men to go through that reservation; and if there is a man that can look un- affected upon that scene presented up there and see the destitution and squalor and suffering that is going on without having his heart touched, I have utterly misjudged this committee. Now, getting back to the point here. In order to go in and con- duct these operations — there are more ways than one of killing a cat — in order that these Indians may be despoiled the contracts a,re let under such conditions that nobody but the lumber companies can compete. A private man can not go in there and do logging operations; and, like the people who divided the raiment of the Savior, they parceled out this timber, and each man takes what suits him, and they do not compete with each other at all. The sales are a fraud and a farce in that respect, and the result of the whole process is that the Indians are despoiled. Now, I have come here at the request of several of the Eed Tus^^e Band of Indians. If they starve to-morrow, except from a hu- manitarian standpoint, it makes no difference to me. I have nothing to gain or lose either way, but certainly, gentlemen, and this Indian appropriation bill, without knowing the wishes of the tribe, it seems to me that you should not act. Since I was in here this morning I went and wired Ed Eogers. It might be suggested that he does not belong to this particular band. He does not. He is a White Earth Indian, as I understand his status, but he has been before this com- mittee, has he not? Mr. Tillman. Yes. 80 INDIAN APPKOPKIATION BILL, 1917. Mr. Chiperfield. He is a bright man, a Carlisle man, and he Jias the interests of the Indians at heart. I told him of the proposed amendment, and I am awaiting his reply. It certainly seems to me, gentlemen, that there ought to be some desire on the part of this tribe that this be done. This is their land. Mr. Hayden. The Chippewa Indians had a delegation here, who appeared before the Senate committee. They also appeared before this committee, but they did not talk about this forestry business to us. Whatever statement they made will undoubtedly appear in the Senate hearings. Mr. CiiiPEEFiELD. Let me say this to you, gentlemen, if you please, that there will come before these committees Indians who will pre- sent various views that are not the views of their tribe. They bring them down here ; they bring them here for a purpose. Mr. Carter. Who do you mean bring them ? Mr. Chipekeield. I am not charging any particular man. I am saying those who have objects to serve will bring these Indians here, and they are influenced more or less to take the view of those who bring them here; else they would not be produced. But this affects the Eed Lake Tribe of Indians. They have their responsible heads ; they have their ordinary methods of communication, of conveying their wishes; but, gentlemen, you have got to know them. They are as innocent as children. They have no more business capacity to protect themselves against an act of Congress — because they do net understand it; they do not comprehend it. I have sat in their councils with them. They have sent for me to come and hold coun- cils with them. I know their methods, and they have only sent for me because I am their friend. I have never been an attorney; I have never sustained such a relation to them, but it seems to me that before you dispose of the timber of these Indians you ought to Imow what their wishes are. They can, as a tribe or band, ex- press their wishes in a way that would move this committee one way or the other. Mr. Hayden. It appears from the expenses that they ask us to pay that a general council of the Chippewa Indians was held at Bemidji, Minn., last July; that they sent a delegation down here, and they are asking us to pay the expenses of that delegation. Mr. Chipereield. I would not be surprised if they did. Mr. Hayden. If they were duly elected delegates from a general council of the tribe, what better representation could we have here asking for legislation of this kind ? Mr. Chipereield. If they were an accredited delegation from their tribe, instructed to speak on these points, unquestionably they would convey the desire of their tribe. Mr. KoNOP. On page 543 of the Senate hearings Mr. Head — I do not know whether he is the agent or not — appears before the Senate committee on this proposition. He stated in here : All throuKh the siunraer we tried to get the people together on this, but they will not listen to the progressive faction, as we call them, to any proposition they may put up. From that I would conclude that there are several factions of Indians over there. Mr. Chipeefield. There are. I attended two councils of the Eed Lake Indians held at McGarry, where these Indians invited me to- INDIAN APPEOPMATION BILL, igil. gl be present, and they presented their views on these questions that pertain to their welfare, and I will say there is not 5 per cent of the ij u -5^ °* Indians, progressives or nonprogressives, who would be in favor of cutting this timber or making this forest reserve. ° The Bed Lake Band of Indians are the least civilized of any. They live the most natural life, from an Indian standpoint, of any of the Chippewa Indians m Minnesota. They are thoroughly op- posed to this thing. Now, I do not think, perhaps, that their own situation ought to control, but I do think that before this thing is done the committee ought to have more iiiformation. I think per- haps they ought to have the information that Mr. Meritt says he will furnish, of the amount of money these Indians have been re- ceiving, the amoimt they have been getting for this stumpage or for their logs. Now, this is not a philanthropic enterprise for the sake of the Bed Lake Indians. It was not recommended by the Interior De- partment until it was put in the shape of a bill. They have taken no such step. The Indians have not taken any such step, and I have no hesitancy in saying to you that it comes from those who desire to profit by dealing in this timber. Now, I think I will not weary the committee or take your time any further. I understand Mr. Elsworth, of Minnesota, wished to be heard on that matter. I do not know whether the gentleman has come or not. Of course, his statement would be entitled to much consideration. I do not know how pressed you are for time, but I think the wishes of this tribe of Indians ought to be considered. If their color was not red we would be very anxious to know their desires. If they were an equal number of white men, we would be very anxious to know what were the wishes of the people affected; and it seems to me you should have an equal desire under the facts in this case. I do not intend to reflect upon this committee, but these Indians are wards of the Nation, and they are helpless and destitute and suffering, and something should be done for them. Mr. Hayden. What you would like to have done about these par- ticular amendments is to have the House disagree to them and send the matter to conference. Then, if you have any further repre- sentations to make, undoubtedly the conference committee will no doubt be glad to hear you, if you get anything further from Minne- sota in the meantime. Mr. Chipeefield. If they can do it, I think they ought to have their representatives here. I think that Rogers is authorized to speak for them, although as to that I do not Imow, but I think it ought to be disagreed to in this committee, and then take care of it in the conference committee, because I feel just as surely as we are here together that this is a rank injustice to these people. Now, to some extent I may be butting in on this. If so, I want you to excuse what might appear to be impertinence, simply because I feel interested in these people. I say to you frankly I am not their spokesman, except that several of them have written to me to protest against making this reservation and cutting this timber. 36345— PT 5—16 6 82 INDIAN APPIIOPEIATION BILL, 1917. Mr. Koiv'OP. Now, Mr. Chiperfield, at the bottom of page 42, amendment No. 62, the provision reads as follows : That said forest shall be adnuiiistered by the Secretar.v of the luterlor in accordance with the principles of scientific forestry, with a view to the produc- tion of successive timber crops thereon, and he is hereby authorised to sell and manufacture only such standing and growing pine and oak timber as is mature and has ceased to grow, and he is also authorized to sell and manufacture from time to time such other mature and marketable timber as he may deem advisable — And so forth. Now, as I understand it, what they propose to do here is to have the Secretary of the Interior build sawmills up there. Mr. Chzperfield. That is one of the things. Mr. KoNOP. And cut down this timber and saw it into lumber, and . then sell the lumber. Mr. Chiperfield. Yes, sir. Mr. KoNOP. Now, you claim that what has been going on there up to now is that the lumber companies have gone up there and that they had bought these logs there from these Indians for a song, practically nothing. Mr. Chiperfield. For an insufficient price, I wish to say. Mr. KoNOP. For an insufficient price. Noav, do you think that this kind of a provision, by jjroviding that the Government should build the mills and then sell the timber — not the timber, but the lumber — manufactured in these mills, wouldn't you think that that was for the purpose of doing just what you are objecting to now ? Mr. Chiperfield. It depends, of course, a great deal on the way in which the law is administered. If this timber was going to be cut and manufactured purely for the purposes of these Indians and for their needs, that would be one thing. But it is not done that way. And then the first part of this section authorizes the Secretary of the Interior and the people under his jurisdiction to sell and manufac- ture. Now it gives them the right to sell it. Mr. KoNOP. You object to selling it? Mr. Chiperfield. You know this lumber company, don't you? Mr. KoNOP. Yes — well, not way up there. Mr. Chiperfield. But you know it in your own State. You know what a lumberman's designation of a mature tree would be — any tree that suited him. When he says a matured tree is one that has an unsound place in it that was not going to live much longer it means stripping the forest. That is not only an injustice but here is the question of reforestation. It means practically that they could take this and keep it forever if they so desired. Mr. KoNOP. Now, the reason I asked those questions is that I have a condition up in my country — the Menominee Indian Reservation — where we have had an illustration of this proposition, as nice timber as ever grew on God's green land. Now, the Government built a forge sawmill over there and spent about a million and a half dfollars Mr. Meritt (interposing). About $1,000,000. Mr. KoNOP. About $1,000,000 to put up their plant over there, and they have been cutting down trees and manufacturing these fine pine trees into lumber and selling the lumber. Mr. Chiperfield. What rates do they get for it ? Mr. KoNOP. I do not know the particulars about that, but up to probably a couple of years ago they had not returned to the INDIAN APPROPRIATION BILL, 1917. 83 Treasury one dollar. They had been running that mill for about six j^ears and had not returned anything. But I understand that within the last couple of years they have been getting ahead some- what and have been returning some of this million or million and a half dollars into the Treasury of the United States. Mr. Chipekfield. Up to that time neither the Indians nor the Government had gotten anything? Mr. KoNOP. I do not think so, because they had not returned anything. Mr. Chiperfield. It sounds reasonable, in accordance with the practice. Mr. KoNOP. Now, you would object to a Government mill at Eed Lake? Mr. Chiperfield. As I say, it would be a question purely of ad- ministration. If there was timber there that should be cut and it was cut for the real benefit of the Indians, I would say jes. But anybody knows that when you operate a mill of a certain capacity and provide for its operation that you have got to run things on a large scale before there can be any profit. The Government can not run a mill as can a lumber manufacturer. It may be a rather peculiar thing to say, but it is true that they can not, and they do not. They have not the facilities for bringing down vast quantities of logs to the mill; they have not the facilities of organization and they do not make the same showing. Mr. KoNOP. I asked a very experienced lumberman, who has a big sawmill up in the northern part of Wisconsin — I asked him what the reason was that the Menominee Indian mill was not doing as well as other privately owned mills, and he told me that the reason was that under the Menominee act they were lequired to employ Indian labor at the mill. Mr. Chiperfield. That is not high-class labor, of course. Mr. KoNOP. And for that reason the mill could not make as good a showing as a privately owned mill could. Mr. Chiperfield. There is only a small per cent — I will not at- tempt to say what — ^but they are not the equal of a trained mill man by any means. Mr. KoNOP. There are some of those Indians, of course, who are good mill men. Mr. Chiperfield. Now, I thank you, gentlemen, very much, for your consideration. I feel that I have discharged my duty in this matter, and I certainly will rest a little easier for having spoken for these people. And I 'believe, gentlemen, that you will do very well to scan this transaction with the utmost care and protect the mterests of these wards of the Government. I am very much obliged to you. Mr. Carter. Mr. Elsworth, we have been speaking of amendments 61 to 65. . . , , ^, . Mr. CijiPERFrELD. I have just been taking the position that this transaction should be scrutinized with the utmost care, and T very seriously question if it is for the benefit of this Eed Lake Tribe of Indians. Mr. Elsworth. I have had some doubts about that myself. Mr. Chiperfield. I think it is very obvious that it is m the interest of others than the Indians. Mr. Elsworth. It is Senator Nelson's amendment. 84 INDIAN APPEOPEIATION BILL, 1911. Mr. CHiPEEFrELD. Yes; and I think it is in the interest of the him- ber concerns. Mr. Carter. Have you anything to say about it now, Mr. Els- worth ? Mr. Elsworth. Nothing, whatever. Mr. Gandy. Mr. Meritt, if you carry out this proposition of refor- estation, and all the provisions in this bill, is there any danger of the Indians owing the Government anything after they get this tim- ber sold ? Mr. Meeitt. No ; I think not, Mr. Gandy. I think if this item of legislation is studied carefully it will be found that there are no "jokers" in it; that it has been submitted in good faith by Senator • Nelson. I have never known Senator Nelson to submit or endeavor to procure any legislation that had jokers in it against the interest of the Indians. Mr. Gandt. Is the land embraced in what is purported — or what is proposed to be this timber reserve, all covered with timber ? Mr. Meeitt. Yes, sir. Mr. Gakdt. And you say that at this time you only have permis- sion by law to sell the dead and down timber ? Mr. Meeitt. That is true. Mr. Gandt. Now would it clear the situation, from your stand- point, if you just had permission to sell matured timber, as well as dead and down timber, without going into all this reforestation proposition? Mr. Meeitt. That would help the situation materially. Mr. Gandt. Do you think that is necessary, in order to secure the greatest amount of money possible for this timber, that the Govern- ment embark upon the proposition of building sawmills up there ? Mr. Meeitt. I doubt if the Government will enter into any exten- sive sawmill operations under this legislation if it were enacted. Mr. Caetee. They could not, without coming to Congress. Mr. Chipeefibld. I have omitted one point which I would like to ask. Is it not true, Mr. Meritt, that when you make a forest reserve here, that you do not allow the Indians to make their allotments in the forest reserve? Mr. Meeitt. There are certain Indians who have taken up allot- ments within this proposed reserve. They will be protected in the possession of that land. Mr. Chipeefield. They had them before it was made a forest re- serve ; but is it not true that after it is made a forest reserve you do not allow Indians to make allotments in the forest reserve any more? Mr. Meeitt. It will be our purpose to allot the Indians outside of the forest reserve, if this legislation is enacted. Mr. Chipeefield. Please, if you will — it may be that that is a direct answer, but is it not true that you prohibit the Indians from making any allotments in the forest — from taking their afllotments in the forest reserve ? That can be answered directly. Mr. Meritt. I would say, in answer to that, that Indians who do not now have allotments within the forest reserve will not be per- mitted to take allotments within that forest reserve after the legisla- tion is enacted. Mr. Chipeefield. And those who do have allotments now in the forest reserve are not permitted to sell them, are they ? INDIAN APPEOPEIATION BILL, 191'7. 85 Mr. Meritt. This legislation will not permit any Indian to sell his allotment. Mr. Chiperfield. The practice of your department is not to allow Indians to sell any lands in the forest reserve whatever, is it not « Mr. Meritt. If the Indian has been alloted land in a forest re- serve, and has a title to it, we will permit him to sell it. Mr. Chiperfield. You require him to exchange it, do you not? Mr. Meritt. Not in all cases. Mr. Chiperfield. Do you know of a single place in the White Earth Forest Eeserve where an Indian has been permitted to sell any part of his land? Mr. Meritt. Have you in mind White Earth or Leech Lake? Mr. Chiperfield. Well, I do not know just where that reserve comes in there. _ But the forest reserve that is there now, do you permit any Indian to sell any land that he may own in fee simple there ? Mr. Meritt. Yes, sir; we will permit such Indians to sell their lands. Mr. Chiperfield. To whom? I do not mean the name of the man, but the class of men. Mr. Meritt. Anybody who wants to buy it. Mr. Chiperfield. Well, I certainly think you make your answer in good faith. I will not question that, but I decidedly doubt the correctness of it. Mr. MERrrr. I loiow two years ago the department encouraged the Indians who had allotments within the forest reserve on the Leech Lake Reservation to give up those allotments and take lands outside the forest reserve. That was the policy of the department. Mr. Chiperfield. You required them to do it? Mr. Meritt. We encouraged them to do it. Mr. Chiperfield. Because you could not take it away from them ; but you required them to do it as far as you could. Mr. Meritt. That was at the request of the Forest Service, who wanted the reserve held intact, so that there would not be any fires in the forest reserve. Mr. Chiperfield. Most of this forest reserve is along lakes, ideal places for the Indian. When they create a forest reserve they say to the Indians, "Although this is your own land, you can not have any allotments in it." Mr. KoNOP. Now, Mr. Meritt, I understand you to say that if this legislation is enacted you do not propose to build any mills up there ? Mr. Meritt. We do not propose to build mills on a large scale, such as we have at Menominee. Mr. KoNOP. You intend to build small mills? Mr. Meritt. Yes, sir. Mr. Carter. Could you do that under the language of this bill? Mr. Meritt. We would have to come back to Congress and submit estimates. Mr. Carter. I notice, beginning in line 10, you say: Provided further, That no contract shall be made for the establishment of any mill, or to carry on any logging or lumbering operations which shall con- stitute a charge upon the proceeds of the timber, until an estimate of the cost thereof shall have first been submitted to and approved by Congress. 86 INDIAX APPROPRIATION BILL, 1917. Mr. Mekitt. Yes, sir. That leaves it absolutely in the hands of Congress as to the future policy regarding milling operations on that reservation; but, in view of our experience at Menominee, I think the department is opposed to building large milling plants. Mr. KoNOP. I would say, in defense of the mill at Menominee, when I first came here, five or six years ago — from what I was able to gather — the thing was a bad proposition; but I understand that within the last two years they have been making some money and turning some money back into the Treasury. Isn't that a fact? Mr. Meriit. We have been gradually improving the conditions on that reservation. Mr. KoNOP. Now, my own opinion would be that I would oppose* a large milling establishment, something like that at Menominee. Mr. Meritt. That would be my attitude. The Indians have been here this winter, two delegations from the Red Lake Reservation, one delegation headed by the full bloods, and one delegation headed by the mixed blood. The full bloods on that reservation, are, as a rule, opposed to any change whatever. They do not want the lands allotted ; they do not want the timber sold ; they want conditions to remain exactly as they are. They are opposed, even, to the draining of the swamp lands. It is shown that we can drain a good deal of land up there at less than $2.50 an acre. These full-blood Indians ~kre opposed to that. They want conditions to remain exactly as they are. The mixed-blood Indians are progressive and want to improve conditions, and they are in favor of improvements. They axe in favor of draining the swamp lands; they are in favor of selling part of this timber. Mr. KoNOF. Well, which of them constitute the larger number — the full bloods or the mixed bloods ? Mr. Meritt. There are probably more full bloods on the reserva- tion than mixed bloods, but I would not want to say that a majority of them would favor the plan of doing nothing. Before we go to this next amendment I would like to invite the attention of the committee to section 62. The act of June 25, 1910, found in 36 Statutes at Large, 857, reads : That the mature living and dead and down timber on unallotted lands of any Indian reservation may be sold under regulations to be prescribed by the Secretary of the Interior, and the proceeds from such sales shall be used for the benefit of the Indians of the reservation in such manner as he may direct: Provided, That this section shall not apply to the States of Minnesota and Wisconsin. Because of that provision Ave are without authority of law to sell this timber. Mr. KoNOP. That is why you are asking for special legislation? Mr. Gandy. Doesn't that say "mature timber"? Mr. Meritt. Yes, sir ; we can not sell mature timber in Minnesota, though, because there is a proviso here which excepts the States of Wisconsin and Minnesota from this act. Mr. KoNOP. Now, aren't they cutting mature timber only on the Menominee Reservation ? Mr. Meritt. They are doing that under a special act— the Me- nominee act. Mr. Gandy. Suppose those two exceptions you speak of there were to be removed and let the general sale provisions apply. Wouldn't that answer the situation ? INDIAN APPROPRIATION BILL, 1917. 87 Mr. Meritt. That would meet the situation very hirgely. Mr. Carter. The next amendment is No. 66, page 45, liiie 1 : MISSISSIPPI. Sec. 10. To eimble the Secretar.y of the Interior to investigate tlie condition of the Indians living in Mississippi and report to Congress on the first Monday of next December as to their need for additional land and school facilities, $1,000, to be Immediately available. What do you say about that, Mr. Meritt ? Mr. Meettt. Mr. Chairman, that item was referred to on page 517 of the Senate hearings and on page 235 6f the House hearings. The department is in favor of this legislation. We believe that some '.►f those Indians down there who need school facilities and are not being provided with educational opportunities should be aided by the Federal Government. Mr. Carter. What do you propose to do with this $1,0001 Mr. Meritt. We are going to make a thorough investigation of the conditions of the Mississippi Choctaws with a view to helping those Mississippi Chrctaws now living in the State of Mississippi. Mr. Carter. You do not propose to review their status with rela- tion to their claims to part of the estate of the Choctaws in Oklahoma, do you ? Mr. Meritt. Not at all. Mr. Carter. That matter has all been settled by the department and by the courts, has it not ? Mr." Meritt. Yes, sir. Mr. Carter. I notice you say here, " for additional land and school facilities." What land and school facilities have you there? Mr. Meritt. They were given land — some of the Indians were given lands a great many years ago— or else their ancestors were given land in the State of Mississippi. Mr. Carter. That has all passed out of their hands, has it not« Mr. Meritt. I suspect so. Mr. Carter. None of the Mississippi Choctaws have any lands, have they, now ? Mr. Meritt. Some of them may have lands. Mr. Carter. Have they any school facilities at all i Mr Meritt. The school facilities are very inadequate. _ Mr. Carter. Are they allowed to attend the white man s school in Mississippi, or do you know ? Mr. Meritt. I do not think so. j- i,t- ■ ■ ^\ Mr. Hernandez. They are citizens of the State of Mississippi, aren't they? Mr. Meritt. They do not vote at this time. Mr. Carter. They are citizens of the State, though < , Mr. Meritt. I do not know whether the authorities of the State ot Mississippi consider them citizens or not. ^ ,, t.,- • • • t„ Mr Carter. Have they any schools at all for the Mississippi In- dians or for the Mississippi Choctaws m Mississippi^ Mr. Meritt. I think not. , , Mr. Carter. They are not allowed to attend the white schools, and thev will not attend the colored schools? Ml Meritt. I do not believe that they attend the white schools, and I do not believe they are provided with separate schools. 88 INDIAN APPROPRCATION BILL, 1917. Mr. KoNOP. Do you know whether or not these Mississippi Choc- taws are grouped together in one corner of the State or not? Mr. Meritt. They are scattered over quite an area of the State. Mr. Carter. It is now 4 o'clock, and we will adjourn until 10 o'clock to-morrow morning. (Whereupon, at 4 o'clock p. m., the committee adjourned until Wednesday, April 5, at 10 o'clock a. m.) CoMMi'rrEE ON Indian Affairs, House of Representatives, Wednesday, April 5, 1916. The committee met at 10 o'clock a. m., Hon. Charles D. Carter presiding. Mr. Carter. The committee will come to order. (Mr. Malcolm Clark, as interpreter for Mountain Chief, presented the following statement:) Washington, D. C, April 3. 1916. To the honorable the conferees Jiavinri in charge the act (H. R. 103S5) making appropriations for the expenses of the Bureau of Indian Affairs for the fiscal year ending June 30, 1917. Gentlemen : The undersigned delegates, members of the Blackfeet Tribe of Indians, Montana, respectfully and earnestly protest against the enactment of Senate amendment to said act as shown in the print of the act of March 29, 1916, at page 52, in which the sum of $22,400 Is proposed to be appropriated from the reclamation funds to pay to George W. Oook and David La Breche, in settlement of their claim for lands and improvements appropriated by the Recla- mation Service. It should be noted here that it is proposed to charge the cost of irrigation of Blackfeet lands to the lands so irrigated. In a letter from the First Assistant Secretary of the Interior, dated January 11, 1916, addressed to the Commissioner of Indian Affairs (see Cong. Rec, Mar. 24, 1916, pp. 5476, 5477), it is stated that .1il2,172.07 was expended for a mill plant on La Breche's land, the other items of the claim making a total of $22,950.07, as therein stated. Messrs. Cook and La Breche purchased the portable steam sawmill in ques- tion and installed it about the early spring of the year 1909 at the foot of Lower Two Medicine Lake for the purpose of sawing the merchantable timber adjacent thereto and marketing the same for personal profit. Soon after estab- lishing the mill these two claimants proceeded to cut all the available timber, and this was accomplished in about two years, and we feel confident that the mill has not been in operation since the year 1912. The available timber which could be profitably sawed at this mill having been cut during the first two or three years, the owners of the mill, of their own accord discontinued sawing. It should be remembered, however, that subsequent to the closing of the mill by action of its owners in 1912, the owners continued to have the free use of the waters of the lake for the floating of any logs obtainable within a profitable distance from the mill, and this free use of the water for bringing the logs to the mill continues to this time, since the dam constructed by the Reclamation Service has not been filled and has not in any manner interferred with the floating of logs in the lake. It \vould seem, therefore, that the loss, if au,\-, which has been suffered TDy the claimants, has been alto,t;ether voluntary on their part and is in no way chargeable to any of the Blackfeet people or any person by reason of the con- struction of the dam or other work undertaken l)y the Reclamation Service. Had profitable sawmill timber been accessible Messrs. Cook and La Breche would luive conlinued operations uii to the present time, although, as already stated, they ceased to operate the mill after 1912. Among other items making up the total claim of $22,950.07 is one of $2,728 for " labor and teams in setting up mill, building roads, etc." We urge that the claimants should not be given compensation for road building, as claimed in this item. The claimants entered into a contract with the Great Northern Railway Co. by which they agreed to deliver sawed railroad ties for INDIAN APPEOPHIATION BILL, 1917. 89 the use of the railway company, ami in fulflUiug this (jontract they built a sleigh road from the sawmill to the Great Northern Railway track at Glacier Park Station, over which to transport the ties and lumber manufactured at the mill. This road was over a distance of about 5 miles. Approximately 1 mile of this sleigh' road was afterwards utilized by the Great Northern Rail- way Co. in building its automobile route from the eastern entrance to the Glacier National Park and points within the park. It is siibmitted that com- pensation for this portion of the road can with more justice be claimed of the Great Northern Railway Co. A sawmill had previously been in operation at the same place where the mill erected by claimants Cook and La Breche is now located, and the road to the mill previously constructed had been established and used continuously long before claimants Cook and La Breche installed their mill upon the same site. This road has from time to time been repaired by the Reclamation Service and the Great Northern Railroad Co. From the fact, as shown, that claimants Cook and Le Breche have not up to this time been interfered with in operatinj; the sawmill in question and in the use of the waters of the lake for floating logs, but abandoned the mill and altogether ceased to operate the same of their own free will and accord as long as four years ago, on behalf of the Blackfeet Tribe we respectfully protest against the appropriation of any funds of the Blackfeet people to recompense the claimants for any part of the cost of the mill and the expenses in setting up the same, together with building roads, etc., amounting to $2,728. Likewise the claims under the heading, " Use of roads for four years, Cook, $800," and a similar item for La Breche, $800, " cost of litigation $1,000," and " loss of use of capital and loss of time, $3,89.5," are not legitimate and just claims charge- able to the Blackfeet Tribe, for reasons already shown. We believe that Messrs. Cook and La Breche should receive some compensa- tion for the inundation of the land scheduled for allotment to them around Two Medicine Lake, or, in lieu of the loss of such land for agricultural purposes, they should be given the privilege of selecting other lands within the Blackfeet Reservation. Likewise we feel that they should be compensated for the value of the necessary improvements on their lands selected for allotment, consisting of the buildings necessary for agricultural purposes, with fences and other necessary improvements for this purpose. If you so desire the undersigned will appear before you in person in support of this protest. Very respectfully submitted. MotJ>;TAiN Chief (his thumb mark). Malcolm Clabk. W'M. RiCHAKD SANDKILL. National Hotel, Washington, D. C. Mr. Carter. The next is ISIontana. Amendment 67 simply changes the number of the section from 10 to 1 1. The next amendment is No. G8, page 45, line 22, changing the amount from $14,000 to $20,000 and adding the Avords "of which amount not exceeding $4,500 shall be expended for salaries." Now, Mr. Meritt, what have you to say— what justification have you for the increase made for the Flathead Agency in this amend- ment? Mr. Meritt. This item was discussed in the Senate hearings, on page 141, and on page 237 of the House hearings. It was brought out at that time that there were certain old Indians on the Flathead Reservation who must be taken care of. They must be fed and clothed and housed; and it will require an additional fund tor that purpose. We estimated for $20,000 for this item. Mr. Carter. What page of the House hearings is that ? Mr Meritt. Beginning on page 237 of the House hearings. Mr. Carter. Why do you put this item in different language from what the other support and civilization items are? ^^ ,, , ... Mr Meritt. The language, bejrmning on line 23, of which amount not exceeding $4,500 shall be expended for salaries," was not 90 ]NDIAN APPEOi'KlATlON BILL, 1911. included in our estimates. The Senate committee incorporated that item in the bill. We estimated for $20,000 for this work without the proviso limiting the amount that may be expended for salaries. We prefer that that language be eliminated from the bill, Mr. Carter. Mr. Carter. Now, last year you had $12,000, did you not, for that? Mr. Meritt. Yes, sir. Mr. Carter. For the Flathead Indians ; and you had not expended quite all of that on December 1. Mr. Meritt. This is quite a large reservation. We have on that reservation 2,300 Indians. A large number of them are getting old, and they need the special attention of the bureau, and this amount is " necessary. Mr. Carter. Isn't that true in practically all of the reservations? Are these Indians any older than other Indians ? Mr. Meritt. These Indians are dependent upon charity to a cer- tain extent. They have been going to the Catholic mission and have been fed quite extensively by the Catholic mission. Mr. Carter. They are doing thnt on several reservations. They do that in Oklahoma in several instances. Mr. Meritt. We feel that under those circumstances we ought to issue them more rations than we have been doing heretofore. Mr. Carter. Is there any difference in the age of these Indians and the ages of Indians at other agencies? Mr. Meritt. No, sir; we ha^^e the same conditions on the Black- feet Reservation. Mr. Carter. Haven't you the same conditions on practically every other reservation where you have Indians of like degree of civilization ? Mr. Meeitt. Yes, sir; but on this reservation we have no large income from leasing that we can use for the purpose of buying rations, whereas on a number of other reservations we have incomes that we can use for that purpose. Mr. Carter. Well, there are some of the Indians in Oklahoma that are actually almost on the point of starvation. On my desk this morning I have a letter about one Indian that had died for the want of medical attention in Haskell County. The argument is not brought forth in those cases for an increase, and what I want to imderstand is whether this is a special case, or whether it is just the usual condition ? Mr. Meritt. We have similar conditions on other reservations. Mr. Carter. That is what I want to know. The next amendment is No. 69, page 47, line 7, strike out " $6,000 " and insert " $10,000." What justification have you for that? Mr. Meritt. The discussion of that item will be found on page 84 of the Senate hearings, and this amount allowed by the Senate is in accord with the estimates of the department. We discussed this iteni on page 245 of the House hearings. There are about 400 of these Indians, and heretofore they have been roaming over quite a large part of the State of Montana, and this appropriation is to take care of them on a reservation. Mr. Hatden. Last year you had an appropriation of $10,000 and you expended $5,198.30, leaving an unexpended balance of $4,801.70. That was the reason why the House committee reduced INDIAN APPKOPEIATION BILL, 1917. 91 the amount to $5,000. You did not expend but about half of this last year. You had about $5,000 left over, so this would give you about $iO,000 for the benefit of these Indians next year. Mr. Mekitt. We succeeded in locating these Indians on a certain tract of land, and we would like to have this appropriation made available so that we could buy some fai'ming implements and get these Indians started to work, instead of having them running all over Montana and begging food from the citizens of that State. Mr. Caktek. Do you suppose you will ever get those Indians at work — Eocky Boy's Band? Mr. Meeitt. Some of them are working this spring. We have had very good success with some of them. Mr. Carter. Mr. Evans, you are not interested in these Indian items, are you ? Mr. Evans. I am interested in this item, Mr. Chairman. I want to say to the committee that this is a roving band of Indians, who have been roving over the State for 10 or 15 years without a reserva- tion. The charitably inclined people have fed those Indians off and on for years, and one or two efforts have been made to locate them on a given tract of land, but without success, and I understand that the department has now located them on a part of the Fort Assini- boine Eeservation. How successful that will be I do not know, but I would be willing, for my part, to make the effort to make a reason- able appropriation, having located them upon a reasonable tract of land, to give them a start in the world and see whether or not theji will succeed. Heretofore nothing has been done of that kind. They have been precariously fed by the Government and individuals out there, and they have had no fixed habitation. Now that they have put them on a reservation and can give them supplies and imple- ments, with such a start they might succeed and they might not. I do not know whether they will or not, but I would be willing to try it if I had a voice in the matter. Mr. Carter. The next amendment is No. 70, page 48, line 16 : For continuing construction of tlie irrigation systems on tlie Flatliead Indian Reservation, in Montana, $750,000 (reimbursable); whicli shall be immediately available and remain available until expended : Provided, That the payments for the proportionate cost of the construction of said systems required of settlers on the surplus unallotted land by section nine, chapter fourteen hundred ninety- five, Statutes of the United States of America, entitled "An act for the survey and allotment of lands now embraced within the limits of the Flathead Indian Reservation in the State of Montana, and the sale and disposal of all surplus lands after allotment," as amended by section fifteen of the act of Jfny twenty- ninth, nineteen hundred and eight (Thirty -fifth Statutes at Large, page four hundred and forty -eight') , shall be made as herein provided : Provided further, That nothing contained in the act of May twenty-ninth, nineteen hundred and eight (Thirty-fifth Statutes at Large, page four hundred and forty-four), shall be construed to exempt the purchaser of any Indian allotment purchased prior to the expiration of the trust period thereon from any charge for construction of the irrigation system incurred up to the time of such purchase, except such charges as shall have accrued and become due in accordance with the public- notices herein provided for, or to relieve the owners of any or all lauds allotted to Indians in severalty from payment of the charges herein required to be miide against said land on account of the construction of the irrigation systems ; and in carrying out the provisions cf said section the exemptions therein authorized from charges incurred against allotments purchased prior to the expiration of the trust period thereon shall be the amount of the charges or installments thereof due under public notice herein provided for up to the time of sucli purchase. 92 INDIAN APPROPKIATION BILL, IWT. Mr. Carter. What statement have you to make about that ? Mr. Meeitt. I suggest that you read the following items, as they refer to the same subject. Mr. Carter. They are different propositions. Mr. Meritt. They are different appropriations, but the legislation applies to the three irrigation projects. Mr. Carter. There are three different projects. Mr. Meritt. They are three different projects, but the legislation in the bill is applicable to all three projects. Mr. Carter. Is that what you understand, Mr. Evans ? Mr. Evans. Yes; just a repetition of the work for Flathead, Fort Peck, and Blackfeet. Mr. Carter. The next amendment is 71, page 50. Mr. Evans. Mr. Chairman, this is just a repetition. After you have read one of those paragraphs, they are all the same. Mr. Hayden. I beg your pardon, but it is not a repetition. There is some difference in these items. Mr. Carter. What have you to say about those, Mr. Meritt. Mr. Meritt. Those amendments, Mr. Chairman, go clear down to the end of page 56. For continuing construction of tlie irrigation systems on tlie Fort Peck Indian Reservation, in Montana, $100,000 (reimbursable), which shall be immediately available : Provided, That the proportionate cost of the con- struction of said systems required of settlers and entrymen on the surplus un- allotted irrigable land by section two of the act of May thirtieth, nineteen hun- dred and eight (Thirty-fifth Statutes at Large, page five hundred and fifty- eight), shall be paid as herein provided: Provided further, That nothing con- tained in said act of May thirtieth, nineteen hundred and eight, shall be con- strued to exempt the purchaser of any Indian allotment purchased prior to the expiration of the trust period thereon from any charge for construction of the irrigation system incurred up to the time of such purchase, except such charges as shall have accrued and become due in accordance with the public notices herein provided for, and the purchaser of any Indian allotment to be irrigated by said systems purchased upon approval of the Secretary of the Interior before the charges against said allotment herein authorized shall have been paid shall pay all charges remaining unpaid at the time of such purchase, and In all patents or deeds for such purchased allotments, and also in all patents in fee to allottees or tlieir heirs issued before payment shall have been made of all such charges herein authorized to be made against their allotments, there shall be expressed that there is reserved upon the lands therein described a lien for such charges, and such lien may be enforced, or upon payment of the delinquent charges may be released by the Secretary of the Interior. For continuing construction of the irrigation systems on the Blackfeet Indian Reservation, in Montana, $50,000 (reimbursable), which shall be immediately available: Prorided, That the entryman upon the surplus unallotted lands to be irrigated by such systems shall, in addition to compliance with the home- stead laws, before receiving patent for the lands covered by his entry, pay the charges apportioned against such tract as herein authorized, and a failure to make any two payments when due shall render the entry subject to cancella- tion, with the forfeiture to the United States of all rights acquired under the provisions of this act, as well as of any moneys paid on account thereof. The purchaser of any Indian allotment to be irrigated by such systems, purchased upon approval of the Secretary of the Interior, before the charges against said allotment hereon authorized shall have been paid, shall pay all charges remaining unpaid at the time of such purchase and In all patents or deeds for such purchased allotments, and also in all patents in fee to allottees or their heirs issued before payment of all such charges herein authorized to be made against their allotments, there shall be expressed that there is reserved upon the lands therein described a lien for such charges, and such lien may be en- forced, or, upon payment of the delinquent charges, may be released by the Secretary of the Interior. INDIAN APPEOPEIATION BILL, 1917. 93 That the Secretary of the Interior is hereby authorized to expend the sum of $22,400 from any money now available for construction of Irrigation systems on the Blackfeet Reservation, In Montana, in the purchase of lands embraced In the allotments of George W. Cook and David La Breche, described as lots three and five, section twenty-seven, and lots one and two, section thirty-four, township thirty-two north, range thirteen west, together with all the improve- ments thereon, in consideration of the relinquishment by the allottees of all their right, title, and Interest in and to said lands and improvements, and of their right to select lieu land under the provisions of section fourteen of tlie act of June twenty-flfth, nineteen hundred and ten (Thirty-sixth Statutes at Large, pages eight hundred and flfty-flve and eight hundred and fifty-nine), and the release of all their claims whatsoever against the United States or the Blackfeet Tribe of Indians by reason of said lands being required for reservoir purposes in connection with the irrigation system on the aforesaid Indian reservation. The work to be done with the amounts herein appropriated for the completion of the Blackfeet, Flathead, and Fort Peck projects may be done by the Recla- mation Service on plans and estimates furnished by that service and approved by the Commissioner of Indian Affairs: Froridrd, That not to exceed .fig.STS of applicable appropriations made for the Flathead, Blackfeet, and Fort Peck irrigation projects shall be available for the maintenance, repair, and operation of motor-propelled and horse-drawn passenger-carrying vehicles for official use upon the aforesaid irrigation projects : Provided further, That not to exceed $8,865 may be used for the purchase of horse-drawn passenger-carrying vehicles, and that not to exceed $1,500 may be used for the purchase of motor-propelled passenger-carrying vehicles. That the Secretary of the Interior be, and he is hereby, authorized and directed to announce, at such time as in his opinion seems proper, the charge for construction of irrigation systems on the Blackfeet, Flathead, and Fort Peck Indian Reservations in Montana, ^^•hich shall be made against each acre of land irrigable by the systems on each of said reservations. Such charges shall be assessed against the land irrigable by the systems on each said reservation in the proportion of the total construction cost which each acre of such land bears to the whole area of irrigable land thereunder. On the first day of December after the announcement by the Secretary of the Interior of the construction charge the allottee, entrynian, purchaser, or owner of such irrigable land which might have been furnished water for irrigation during the whole of the preceding irrigation season, from ditches actually con- structed, shall pay to the superintendent of the reservation where the land is located, for deposit to the credit of the United States as a reimbursement of the appropriations made or to be made for construction of said irrigation systems, five per centum of the construction charge fixed for his land, as an initial in- stallment, and shall pay the balance of the charge in fifteen annual installments, the first five of which shall each be five per centum of the construction charge and the remainder shall each be seven per centum of the construction charge. The first of the annual installments shall become due and payable on December first of the fifth calendar year after the initial installment : Provided, That any allottee, entryman, purchaser, or owner may, if he so elects, pay the whole or any part of the construction charges within any shorter period : Provided fur- ther, That the Secretary of the Interior may, in his discretion, grant such exten- sion of the time for payments herein required from Indian allottees or their heirs as he may determine proper and necessary, so long as such land remains in Indian title. That the tribal funds heretofore covered into the Treasury of the United States in partial reimbursement of appropriations made for constructing irrigation systems on said reservations shall be placed to the credit of the tribe and be available for such expenditure for the benefit of the tribe as may be made under existing law. The cost of constructing the irrigation systems to irrigate allotted lands of the Indians on these reservations shall be reimbursed to the United States as hereinbefore provided, and no further reimbursements from the tribal funds shall be made on account of said irrigation works except that all charges against Indian allottees or their heirs herein authorized, unless otherwise paid, may be paid from the individual shares in the tribal funds, when the same is available for distribution, in the discretion of the Secretary of the Interior. 94 INDIAN APPROPRIATION BILL, 1917. That in addition to the construction charges every allottee, entryman, pur- chaser, or owner shall pay to the superintendent of the reservation a mainte- nance and operation charge based upon the total cost of maintenance and opera- tion of the systems on the several reservations, and the Secretary of the In- terior is hereby authorized to fix such maintenance and operation charge upon such basis as shall be equitable to the owners of the irrigable land. Such charges when collected shall be available for expenditure in the maintenance and operation of the systems on the reservation where collected: Provided, That delivery of water to any tract of land may be refused on account of non- payment of any charges herein authorized, and the same may, in the discretion of the Secretary of the Interior, be collected by a suit for money owed: Pro- vided further. That the rights of the United States heretofore acquired, to water for Indian lands referred to in the foregoing provision, namely, the Blackfeet, Fort Peck, and Flathead Reservation land, shall be continued in full force and effect until the Indian title to such land is extinguished. . That the Secretary of the Interior be, and he is hereby, authorized to pre- scribe such rules and regulations and issue such notices as may be necessary to carry into effect the provisions of this act, and he is hereby authorized and cjirected to determine the area of land on each reservation which may be Irri- gated from constructed ditches and to determine what allowance, if any, shall be made for ditches constructed by individuals for the diversion and distribu- tion of a partial or total water supply for allotted or surplus unalloted land : Provided, That if water be available prior to the announcement of the charge herein authorized, the Secretary of the Interior may furnish water to land under the systems on the said reservations, making a reasonable charge there- for, and such charges when collected may be used for construction or main- tenance of the systems through which such water shall have been furnished. Mr. Carter. Now make your statement about the Montana matter, Mr. Meritt. : Mr. Campbell. From 70 to 76, inclusive 1 ■ Mr. Meeitt. Yes, sir. The discussion of these items will be found beginning at page 575 of the Senate hearings. Those items cover appropriations for irrigation projects on the Flathead, Blackfeet, and Fort Peck Indian Reservations. The department for several years has not been satisfied with the method of financing these three irrigation projects. The method has been to appropriate money out of the Treasury of the United States and make that money reim- bursable from the tribal funds of the Indians. That method of financing the projects we considered unjust, for the simple reason that quite a large number of the Indians on those reservations did not have irrigable lands, yet the tribal fund was responsible for the irri- gation of the lands. Also there are a number of white owners of lands on the Flathead irrigation project. About half the irrigable land on that reservation has been taken up by white people, and the Indians were simply acting as the banker in order that the white owners of land on the Flathead Reservation might have their land irrigated. We have legislation in this bill which we think will cor- rect this evil and will be fair, not only to the Indians of those reser- vations, but will be fair to the white owners of land on those reservations. The legislation in this bill, if finally enacted, will make the land which is irrigated bear its pro rata share of the cost of irrigation. We have already expended about $1,500,000 on the Flathead Reser- vation for irrigation purposes. Mr. Carter. You have spent that out of the Treasury or out of the tribal funds? Mr. Meritt. Out of the Treasury, and part of that fund has been reimbursable out of tribal funds. This project will ultimately cost INDIAN APPKOPEIATION BILL, 1917. 95 about $6,000,000 and will irrigate about 150,000 acres of land. The cost of irrigation will be about $40 per acre. On the Blackfeet Eeservation we have expended nearly a million dollars— between $900,000 and $1,000,000 — for irrigation work. This project will ultimately cost about $3,000,000, if completed, and will irrigate 122,500 acres of land, and the irrigation construction cost will be about $30 an acre. On the Fort Peck Indian Reservation we have expended between $300,000 and $iOO,000. This project ultimately will cost about $5,000,000 and will irrigate about 152,000 acres; and the irrigation cost on that reservation will be about $30 an acre. These irrigation projects are being constructed by the Reclamation Service under agreements with the Indian Bureau. It was not in- tended that these items should be carried in the Indian bill this year, inasmuch as they are not strictly Indian projects, and we estimated for them to be carried in the sundry civil bill, and that was agreed to in the department by the Secretary and by the members of the Montana delegation in Congress ; but when this bill reached the Ap- propriations Committee, it is my understanding that the chairman of that committee objected to the items going into the sundry civil bill. Mr. Carter. You do not mean the Committee on Appropriations, do you ? Mr. Meritt. Yes, sir; the Committee on Appropriations. The chairman of that committee, we were advised, objected to those items going into the bill, and when the Indian bill was being considered by the Senate committee, the Senators from that State came before that conmiittee and asked that these items be incorporated in the Indian bill; and in view of the attitude of the chairman of the Committee on Appropriations, the members of the Senate Indian Committee concurred in this action. Mr. Carter. Mr. Meritt, there was no presentation of this matter at all to the Committee on Indian Affairs then ? Mr. Meritt. Before the House committee? Mr. Carter. Yes. Mr. Meritt. No, sir; because we thought at that time that these items would go in the sundry civil bill. Mr. Carter. I believe you assured us at that time that the Indian bill would not be expected to take care of these items. Mr. Meritt. Yes, sir. Subsequent developments though, made it necessary that these items be carried in the Indian appropriation bill. We are sorry they are not carried in the sundry civil bill, but it was impossible to get them in there. Mr. Hayden. Really, what difference does it make? Mr. Meriit. It makes this difference, Mr. Hayden : It materially increases the appropriations carried in the Indian bill, and neces- sarily we have to keep the bill within certain reasonable figures; and when the Indian bill carries these irrigation items, which are largely for the benefit of white people and not strictly and solely for the Indians, it increases the total amount of the Indian appro- priation bill, and we have to cut down the estimates for appropria- tions for other items that are absolutely necessary. 96 INDIAN APPROPEIATION BILL, 191*7. Mr. Hatdbn. But so far as the total appropriation by Congress is concerned it does not, from our point of view, make any difference whether it comes from one committee or the other. It is only a bureau reason and not a reason in which Congress is particularly concerned. Mr. Meeitt. No, sir; I was looking at it solely from the Indian Bureau standpoint. Mr. Campbell. Mr. Meritt, what is being done with the lands that have already been irrigated — put under the ditch ? Mr. Meritt. The lands on the Flathead Keservation are being utilized. Mr. Campbell. By whom? Mr. Meritt. By the Indians and white people. About half the land that will be irrigated, 75,000 acres, is owned by white people, and about 76,000 acres of the irrigable land has been allotted to the Indians. Mr. Campbell. How much of the project is now under water? Mr. Meritt. I should say there are about 40,000 acres. Mr. Campbell. What per cent of it is completed; what per cent of the entire project? Mr. Meritt. Probably 25 per cent. Mr. Campbell. The project is 25 per cent completed? Mr. Meritt. Yes, sir. Mr. Campbell. And that portion of the project that is completed, is that fully utilized? Mr. Meritt. It is being largely utilized. I would not say it was fully utilized, but the irrigable land on that reservation is being extensively used; and this project can be made a real success, be- cause of general conditions. Mr. Campbell. The question that I am asking is, What is done now ? Are they raising crops there on those irrigated lands ; are they utilizing them; is there a return for the investment that has been made up to date? Mr. Meritt. The lands are being utilized. The Eepresentatives from Montana are here, and they have been on that reservation re- cently and can tell you the exact conditions from observation. Mr. Campbell. Does the department have any report showing just how the monev heretofore appropriated has been expended, and what the benefits are to the Indians and to the white man ; showing the relative benefits? Mr. Meritt. Yes, sir. Mr. Campbell. Have you that report? Mr. Meritt. I can put it in the record. I can get the report from our files. Mr. Hatdbn. You stated a moment ago that this work was largely for white people. You ought to show the total area now irrigated, what part is cultivated by white people, and what part is cultivated bv the Indians on each reservation. You ought to also show that when the projects are completed, how many acres will be irrigated by white people and how many by the Indians on each project. Mr. Meritt. We will put those figures in the record. INDIAN APPBOPBIATION BILL, 1917. Suinmiiry of construction results, Montana projects. 97 Estimated total completed project acres . . Area for wWch water can be supplied now do Actually irrigated, season ot 1915 do Present available reservoir capacity acre-feet.. Total length of canal, all sizes miles. . Total number of canal structures Total number of bridges Total length of bridges feet. . Total length ot pipe do Total excavated cubic yards. . Total cost to January 1, 1910 Irrigable area, when completed, will aggregate approximately: Indians acres . . Whites do. Blackfoot. 122, 500 20,640 1,618 20, 000 346 1,246 44 997 7,169 1,944,237 S971,806.04 122,500 Fort Peck. 152, 000 10,220 1,100 3,900 120 4f4 34 700 2,152 1,028,768 $471,910.00 76,923 75,077 Flathead. 152,000 54,700 3,242 10,000 388 2,127 148 2,785 9,603 2,662,986 SI, 640, 619. 13 97,000 56,000 Mr. Carter. All of these items are subject to a point of order, are they not? Mr. Meritt. a point of order was made on these items by Senator Curtis on the floor of the Senate, but he subsequently withdrew the point of order. Mr. Carter. Each one of them is new legislation, is it not? Mr. Meritt. Yes, sir. Mr. Carter. And they would not be in order on an appropriation bill under the rules of the House ? Mr. Meritt. If we are going to have an appropriation for those projects, we would like to very much to have legislation to accom- pany the appropriation. Mr. Carter. That is not the question. You do not know that those are subject to a point of order under the rules of the House? Mr. Meritt. Under the rules of the House I believe they might be subject to a point of order. Mr. Hayden. I think that the legislation correcting the situation on the three reservations relative to payments is clearly subject to a point of order, but the appropriations made in this bill are not sub- ject to a point of order, because they are continuing a work in progress. Mr. Carter. I was directing my remarks to the legislation, which he says is necessary to be enacted. Mr. Hayden. The idea being that you would not want the appro- priations unless you had this corrective legislation ? Mr. Meritt. "We want the legislation to accompany the appro- priations. . • . io wViifo rac INDIAN APPBOPEIATION BILL, 1917. 101 Mr. KoNOP. Do they raise pretty good crops? Mr. Stout. Oh, yes ; they raise good crops. Mr. Campbell. What do they raise? Mr. Stout. Well, they raise a great deal of alfalfa. Mr. Carter. When was this project begun? Mr. Stout. It was begun eight years ago. Mr. Carter. What bill carried the first authorization ? Mr. EvAxs. It was a 1910 bill, I think. Mr. Hatden. An Indian appropriation bill? Mr. Evans. Yes. Perhaps it was 1908, 1 am not sure. Mr. Haydex. Mr. Evans is a member of the Committee on Appro- priations. I would like to hear from him on this matter. STATEMENT OF HON. JOHN M. EVANS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MONTANA. _ Mr. Evans. In answer to that question, may I go ahead consecu- tively and state our position in this matter? _ This reservation was opened by the act of 1904, but the appropria- tion for the reclamation of it began, I think, in 1908, and there has been about $1,800,000 to $2,000,000 appropriated. It has always been carried in the Indian bill. Every year there has been an appropria- tion of from $100,000 to $200,000 in every Indian appropriation bill that has gone through. Two years ago there was a recommendation made by the Indian Office for $100,000. I had then just come to Congress and was inex- perienced in such matters. I did not attend any of the hearings, because I did not Imow you had such things. I learned that the hearings had been held on the Indian appropriation bill and $100,000 had been recommended. I went before the Indian Bureau and they told me they were perfectly willing to recommend $250,000 or $300,000 or some reasonable appropriation. Four hundred thousand dollars had been appropriated the year before, but they desired some change in the legislation, and for that reason they were not inclined to make a recommendation for a reasonable appropriation until they got some change in the legislation which is in the bill now. So they got very little appropriation that year — maybe $200,000. Mr. Carter. You are speaking now not of the Flathead Reser\a- tion? Mr. Evans. Yes, sir ; primarily. The next year we had practically the same condition of affairs, and we did not get a recommendation down here because we did not get before this committee, the Indian Committee — which I was then on — ^needed legislation — that is to say, the bureau, the Indian Office, did not. We then as a delegation went before the Secretary of the Interior, and the Secretary of the Interior said that there ought to be $500,000 appropriated for that project. He said, you have expended a million and a half dollars out there, and appropriating $100,000 a year would take about 40 years to complete the project, and out of $100,000 we will get a bene- fit of $60,000, the rest of it being lost in, due to difficulties in assem- bling and reassembling your work. He recommended $500,000 last year, but after it had passed this committee and gone to the Senate, and the recommendation got here, it was put on in the Senate $500,000, and passed the Senate, and, of course, as you know, the 102 INDIAN APPE0PKIAT30N BILL, 1917. Indian bill failed. Then we came back here again last fall and attempted to get a reasonable appropriation made at the proper time ; and it was sent, as Mr. Meritt has told you, not to this commit- tee but to the Appropriations Committee, on the theory that the Appropriations Committee was now handling reclamation projects, and that this was. a reclamation project. I paid no special attention to it, because I knew the recommendation was made. I have failed twice to get a recommendation made at the proper time, and I knew I had gotten a recommendation made at this time, and at the proper time I would take it up with Mr. Fitzgerald, which I did; but he just threw me and the appropriation out of the win- dow, figuratively speaking. He said, " that does not belong here, and we are not going to take jurisdiction of it. It always carried on the Indian bill and it ought to be on the Indian bill, and we are not going to have anything to do with it." So they would not have anything to do with it ; and I myself went to the Senate and reported to the Senators what the situation was. Then the Secretary of the Interior made a recommendation of $750,000, and that was not going to go through the Appropriations Committee, and therefore it was attached over there. 1 think it should have come to this committee. I do not think anybody should be particularly censured because it did not, but I think it should have come here ; and I think if it had come here a reasonable appropriation would have been made by this com- mittee. Now, going back to the merits of the appropriation, the same thing applies in a greater or less degree to all of them. The Flathead Eeservation is a big basin more nearly representing a wash bowl than anything I could think of, with the river coming in at one end and going out at the lower end. The Government con- ceived the notion of reclaiming all that land. It ran a large canal around the base of the mountain for a distance of some 30 miles, probably, touching all the streams that came down there. Mr. KoNOP. Here is a map of it. I wonder if you could not illus- trate by referring to this map [producing map] . Mr. Evans. On the east side of the map of the Flathead Reservation there is a canal, beginning at the south and running toward the north and around to the lake. I think that canal must be 30 miles long. Mr. KoNOP. You mean this southern corner [indicating] ? Mr. Evans. Yes; and running up there, and it gathers all the waters from there. Now, there are probably 150,000 acres^at least 150,000 acres — of irrigable land on that reservation that will be cov- ered by reclamation when completed; but a large portion of your money now expended has been put into what we call a main ditch. It was necessary to build a main ditch before the laterals could be built, therefore you have reclaimed less land in proportion to the money expended than will be the case in the future. You have now gotten the large ditches built, and they are now building the laterals and putting the water on the ground, and for that reason only about 20 per cent of the land is under cultivation, while we have spent more than 20 per cent of the estimated cost of the project. As to the reservation itself, I think if there is a reclamation project in America that will be a success it is the Flathead Reservation. It is in a basin, the altitude comparatively low, but it is hemmed in on all sides. They raised at the Flathead Reservation this year at least INDIAN APPROPRIATION BILL, 1917. 103 1,500,000 bushels of wheat. We had an excessively wet year. I ven- ture to say that 500,000 bushels of that wheat was raised on ground which will be covered by this irrigation system when we get through, but was not planted this year. The ground itself is so dry that it would not raise anything without water ordinarily. However, it did this year after a dozen years' trial, but they planted those crops the year before. Some of them did not germinate at all. Some of them did not come out of the ground, but the spring rains came on, the grain planted the year before grew up and made a crop of 20 or 25 or 30 bushels to the acre. Mr. KoNOP. Do they plant winter wheat l Mr. Evans. The wheat was planted the spring before. On an- other lot of that acreage the wheat was planted the spring before. It grew to a height of 5 or 6 inches only, headed out, was scattering, and was not \Yorth cutting. The men abandoned it for the time being. The elements beat the Avheat out ; it reseeded, and this year they had a fine crop. I mention this simply to show you that they can put water on that ground and raise the finest crops in the land, but without water they can not raise them. I will venture to say that there were 500,000 bushels of volunteer wheat raised there this year, and the men there who had been living in good two-story houses, who had been there three or four or five years, boarded ujj their houses and went east and came back in June and July and harvested as good a crop of wheat as they had ever seen. But this was an exceptional year. We never saw in Montana before such a year,_ so far as water is concerned. We raised that sort of a crop, and it shows that a crop can be raised if we will put water on the ground. Mr. Norton. That shows what they can do in Montana if you give them half a show. Mr. Evans. Yes. Congress has neglected us, and the Montana delegation may be neglected, but God Almighty took care of them this year. The proposition is a meritorious one. The only question now is whether as business men we are going on with it. We have spent practically $2,000,000, and, as I suggested, if you appropriate $100,- 000 or $200,000 a year it will take 40 years to complete it, with great loss from what you have spent. A number of commissions have gone out there to look over the proposition, and all of thein have advised that we go on with the work and complete it with all reason- able dispatch, as expeditiously as any business man would in any sort of business project. There was a commission appointed that made a report in December, 1914, covering only a page. It is by Mr. Ketchum, who was head of the Indian commission, I think: Mr. xVbbott, and some others, and I should like, if I might, to incor- porate a part of that, showing what the situation was in my testi- mony. [Excerpt from report upon the conditions on the Flathead Indian Reservation, by Rev. William H. Ketcham, member Board of Indian Commissioners, December, 1914.] About $1,374,000 have been expended for irrigation upon the Flathead Res- ervation. Of this sum .$56,065 have been returned to individual Indians for labor on the project and for products purchased from thera. Under completed canals there are 48,400 acres. Of this area 36,291 acres are Indian land. A few sales of inherited Indian lands under completed canals hav(' been made to 104 INDIAN APPROPEIATION BILL, IWI. white men. Out of a total of 228,227 acres which have been allotted to ludians, 90,000 acres are Irrigable. Approximately one-half of the irrigable Indian land, therefore, is under completed canals. The project engineer of the Reclamation Service estimates that it will require 10 years to complete the Flathead project, with annual appropriations of $500,000. Until this project is completed the Indians, who own approximately 40,000 acres of remaining irrigable lands not under ditch, will suffer in common with the white settlers who have made filings on similar lands. Most of this land can not be farmed successfully with- out water. Approximately $700,000 have been returned to the Government from the sale of surplus lands and timber on this reservation, which is about one-lialt the amount invested in completed canals. Approximately 12,000 acres of lands entered by white settlers are under the completed projects. Therefore approximately only $400,000 out of the sum of $1,400,000 expended in irriga- tion on this reservation has been expended for the benefit of white entries. Since under existing law appropriations for irrigation on this reservation are reimbursable from the sale of water rights under the act of May 29, 1908 (35 Stat. L., 449), as well as from the sale of surplus lands and timber on the reservation, it is evident that reimbursement to the Government could not be made from the sale of water rights to white settlers until water is brought to the entered lands. Therefore, under existing law, just in proportion as there is delay in completing the project, there will be lacking returns from the sale of water rights, and the proceeds from the sale of surplus Indian lands and timber on the reservation alone will be drawn upon to reimburse the Govern- ment for the cost of construction. In other words, delay in completing the irrigation project on this i-eservation, through small appropriations, instead of relieving the Indian funds from an improper proportion of the burden of the cost, results in increasing that burden. Now, some questions were asked a moment ago by some of the gentlemen. I do not remember what they were, but I should be pleased if I might, so far as my knowledge and ability permits, answer any questions submitted by any member of the committee. Mr. Campbell. What I would like to loiow is what proportion of this ditch or this project is completed? Mr. Evans. In 1914 this commission reported that 20.7 per cent of the project was completed, and I think approximately 25 per cent of it is completed now, but I do not think 25 per cent of the land is under irrigation. Mr. Campbell. How much of the land is under irrigation ? Mr. Evans. My recollection is that there might be irrigated land — just in a general way; I would not be absolutely accurate in these figures — I should say they irrigate from these projects from 15,000 to 20,000 acres of land. But with an expenditure of $200,000 now you could put an equal amount of land under your irrigation systems, because you could use the big ditches that are built, and the water could be conducted to the laterals. Mr. Campbell. What is the relative benefit to the Indian and to the white man? Mr. Evans. The Indians own about one-half of the irrigable lands on the reservation. There are about 150,000 acres and approximately 75,000 acres of it is Indian allotments, and an equal amount is owned by white men. Mr. Campbell. How are the white men required to reimburse the Indians or the Government for the use of this project. Mr. Evans. At the present time, under present law, the provision was made that the proceeds of the sale of the Indian lands and their timber should be utilized by the Government to reclaim these lands, and that the white man should then pay so much an acre for water on his land and reimburse that fund. Now there has been taken out of the Indians' funds, as I recall, about $1,000,000 for the purpose INDIAN APPROPRIATION BILL, 1917. 105 of reclaiming those lands. In other words, the white men who own land there now owe the Indians, through the Government, about a million dollars that the Indians have put in out of the assets of that reservation. A large amount of land A\'as sold to begin with; men homesteaded it and paid from $2 to $7 an acre for the land initially. Then they sold the timber and some other resources, making about a million dollars or so that has come off from that reservation and that has gone into the Indian funds for this reclamation purpose. Mr. Campbell. Has it been used by the Indian Office without ap- propriation by Congress? Mr. Evans. Oh, no. Mr. Campbell. Has the Indian any security for this million dol- lars? Mr. Evans. I rather doubt if he has. Mr. Campbell. Probably he will always have a claim, then? Mr. Evans. Well, I hardly think so. Mr. Campbell. Until Congress pays it. Don't you think Congress will ultimately be called upon to pay this money to the Indians? Mr. Evans. No; I think not. Under the present law it is pro- vided that the Indians shall bear their proportion of the cost of their land, and that the white man shall bear his proportion of the cost. Mr. Campbell. The white man is now a million dollars behind the Indian. Mr. Evans. Because no lands have been yet paid for. No lands have yet been paid for because we have not gotten to the point where we could charge them, and they are to be paid in 20 annual install- ments. Mr. Meritt. This proposed legislation would correct that evil. Mr. Evans. The legislation that the Indian Bureau is now asking for here in connection with this bill. Mr. Campbell. How will this bring this money back to the Indian fund? Mr. Evans. As quick as the white men — as soon as the project is completed and the white men pay into the Treasury of the United States the cost of the reclamation, the money will go into the Indian fund. ^ Mr. Campbell. What is there m the situation there that will bring that money back? The white man who has gone upon that land has probably paid for it, hasn't he ? Mr. Evans. Oh, no ; that is where you are wrong. Mr. Campbill. Will it come out of the proceeds? Mr. Evans. It will come out of the proceeds of the reclamation fund. Mr. Campbell. Arising from the further payments that will naturally be made on the land ? Mr. Evans. Yes; he has no title to the land yet. They are wait- ing for their titles, and they can not get their titles until they pay $30 or $40 an acre for the land. Mr. Hayden. Let me read the proposed legislation in here that cures that. The amendment on page 49 says : Provided further, That nothing contained in the act of Ma.v twenty-ninth, nineteen hundred and eight (Thirty-sixth Statutes at Large, page fitur hundred and forty-four), shall be construed to exempt the purchaser of any Indian 106 INDIAN APPEOPRIATION BILL^ 1917. iillotment ijurchased prior to the expiration of the trust period thereon from tiny charge for construction of the Irrigation system Incurred up to the time of such purchase, except sucli charges as shall have accrued and become due in accordance with the public notices herein provided for. That is the security legislation you are putting in here, to make it sure that any white man who buys land will have to pay his share of the cost. Mr. Evans. Yes; he will have to pay his share of the cost of reclamation. Any man who takes up the land from the Govern- ment must pay his share, and when it is all paid back into the Treasury, an accounting will be balanced, and the Indian will have his money. Mr. Campbell. Under what theory is the Indian under obligations to primarily finance those irrigation projects up there, where the benefit is half of it for the white people? Mr. EvAMS. Of course, I was not in Congress at that tim«. Mr. Caimpbell. That is a question we will have to meet on the floor of the House, and we might just as well meet it here. Mr. Evans. As I suggested to you, it is a big basin, suitable only for grazing purposes unless it be reclaimed. The Indian lands as they originally stood were worth probably $2 or $2.50 an acre with- out any reclamation. When the land is reclaimed it is worth $50 or $60 an acre. It was the theory of the Indian Bureau, on this basis, if they would take this money and reclaim the land it would sell for two or three or four times as much as it would in its natural state; and it was upon that theory, as I understand it. I find here that the Government estimated that that reservation was worth about $30,000,000 — that is, the land and timber — and they were going to take about $6,000,000 of it and invest it for the purpose of reclaiming and enhancing the value of the lands. Land that could have been bought for $2 an acre, you could not buy for $10 to-day, because the country is settled and they have built farms and little cities, and have started reclamation projects there, and the land still belongs to the Indians. There is a large quantity of that timberland that is much more valuable now than it was 10 years ago when this started. Mr. Stout. And it was impossible, Mr. Campbell — that is, it Avas not at all practical to irrigate the Indian land only, because the land was scattered all over, and you could not irrigate without irrigating it all. Mr. KoNOP. Under the laAv as it now stands, is thete any lien on each individual owner's land there, so that the title to the land will not vest until all the charges are paid? Mr. Evans. Yes ; there is more than a lien on it. The title of the land remains in the Government of the United States. The title was in the Government of the United States, and under the law the settler went on there and paid the appraised value of the land without irri- gation, $2 to $3 an acre. He paid that money and the Government then gave him a certificate, " you are entitled to this land when you pay, in addition to what jon now pay, the cost of the reclamation of that land." And the Government holds the title to it, and these men can not get title until they pay the cost of reclamation, and that is one of the complaints that those people are making, that you will not give them title, and will not reclaim the land so that they can INDIAN APPBOPRIATION BILL, 1917. 107 get title, and consequently they say, " You are apparently going to hold this land ahvays. Now, either abandon the proposition and let us get title or complete the project and let us pay our money and get our titles." The Government owns it now. No titles have passed. Mr. KoNOP. Isn't the State doing anything in the way of reclama- tion work? Mr. Evans. No; I do not know of the State of Montana carrying on any reclamation project. We have some that we call Cary projects up there, but not on Indian reservations, of course. Mr. Norton. You have private irrigation projects, though? ' Mr. Evans. Oh, yes; there are a number of private projects. Mr. Stottt. And they are all very successful, I will say. Mr. Evans. And we have some Oary projects, where the Govern- ment has set aside certain bodies of land for the State of Montana. Mr. Norton. Is this Flathead Eeservation the region where they grow fruit? Mr. Evans. Yes. sir; the Flathead Reservation, out of last year's crop produced by them, which was a very unusual thing, took about 13 or 14 gold medals at the San Francisco fair, and 7 or 8 of those were taken by Indians. And when you mention the fruit proposi- tion, the Flathead country and the Bitter Root country, which is con- tiguous to it, took all the fruit medals of the world at San Francisco. Mr. KoNOP. That dark portion on the map here is irrigable land and irrigated land, both, isn't it? Mr. Evans. Yes ; but no great portion of that has yet gotten water on it. Mr. KoNOP. What is this white portion ? Mr. Evans. The white is probably grazing land and timber land, and can not be reclaimed. Mr. KoNOP. This white can not be reclaimed ? Mr. Evans. No ; this is reclaimed or reclaimable lands. Now, in addition to what I have suggested, there is in the upper portion of this valley of the Flathead Reservation, Flathead Lake, which is the largest body of fresh water west of the Great Lakes. That is a lake probably 40 miles long and averaging 5 wide. At the mouth of this lake there are some falls, and it is estimated that they can generate there — this is Indian property, also — it is estimated that they can generate there from 100 to 200 horsepower. They say it is the best water-power proposition outside of Niagara in America. The Government has spent about $95,000 there on a tunnel for the purpose of starting to generate water power; and that project lies dormant for the lack of funds to go on with that or anything else. There isn't any question about there being ample water there, and there isn't any question about the productivity of the ground. The only question is whether the Government of the United States is going to let it lie idle or take 50 years to do something that a busi- ness man would do in 4 or 5 years. Mr. Hayden. The figure stated by Mr. Meritt— $30 an acre for the total construction cost of the project — is remarkably low. Are you satisfied that the work can be done for $30 an acre ? Mr. Evans. It is my judgment, although I have not giVen the matter sufficient attention to say definitely, that that will cost those people about $40 an acre. 108 INDIAN APPROPRIATION BILL, 1917. Mr. Havden. The average cost of other reclamation projects in this country is between $60 and $70. Mr. Evans. Well, I have no idea it will cost $60 or $70, but I think it will cost $40. Mr. Haydbn. That will still be remarkably low. Mr. Carter. Does that mean putting water on it or levelmg it off? Mr. Evans. Constructing the reservoirs and doing everything to bring the water onto the land. Mr. KoNOP. The water that comes to this canal comes from the mountains east of the Flathead Reservation ? Mr. Evans. A large portion of it. Mr. KoNOP. Does the water through the canal flow south or north? . Mr. Evans. It flows north, toward the lake. Now, they are preparing to put a dam across the lake, which will raise the lake 16 feet, and they will then have water enough to cover the whole State of Maryland to a depth of 4 or 5 feet from the sur- plus water in that lake. Mr. Campbell. And that will be used for irrigation purposes? Mr. Evans. Yes, sir. Mr. Campbell. What will it take to complete it ? Mr. Evans. I think that can be reasonably completed for about four and a half or five million dollars. But, I think, if you go with your dam at the foot of the lake and build some other storage reservoii's, that they might have to build in the future, that it' will cost six or seven million ; and of course you will take in some extra land Ijy doing so. But the principal thing that appears to me and to those people is that you have got a lot of water reasonable close to you, but you are noit putting it on the land, and we think you should give us some appropriation to do that. The people have lost their crops thei'e for five or six years. They have been there with the tacit understanding that the Government was going to put the water on. They have been waiting for you to do it ; and I want to impress upon the committee that this is not a new item, and it belongs to the Indian bill. It appears to you, some of you, now that it was in the nature of an amendment, and so it is in the nature of amendment, but it belongs here and should have been here before, and if it had been here before the probabilities are there would not have been any question about it being a reasonable appropriation. I quite agree with Secretary Lane; if you are going to do anything do not spend $100,000 and spend half of it buying horses and sup- plies and then sell them before the year is out because you do not know whether you will get any more appropriation or not, but appro- priate enough to get something done. Mr. Campbell. Is the water ypu refer to in this reservoir high enough to furnish water for all tHis land? Mr. Evans. I do not think it would be high enough from the lake to cover all of it, but the Government officials were figuring on gen- erating great power there and possibly pumping some of that water into a reservoir that lies 2 or 3 miles from there, already constructed, upon one of these ditches, and then distribute it from there. But there is ample water there. They are pumping extensively in Mon- tana, and doing it to a considerable degree of success where they do not have to pump more than 10 or 15 feet with electric power. INDIAN APPEOPBIATION BILL, 1917. 109 Mr. Campbell. They cixn generate electric power farther up the lake? Mr. EvAiss. You may generate power even below; generate it at the foot of the lake and run a wire up a mile or so above and pump water right out of the lake. Mr. KoNOP. Is the Eeclamation Bureau under the Secretary of the Interior ? Mr. Evans. Yes. ]\Ir. Hayden. I want to ask some questions about certain pro- visions. You have first a provision for the Flathead Reservation for Montana, a little different from the amendment No. 71, which applies to the Fort Peck, and then there is still some difference be- tween that and the Blackfeet Reservation. Mr. EvAMS. I think, there is some difference in the proposition, and before Mr. Meritt takes up the question I make this suggestion, that I have talked very largely about the Flathead, because I am better acquainted with that project, but the situation appeals to me as different in this, that on the Flathead Reservation the reserva- tion has been opened and we have a lot of white men in there who homesteaded on this land and whose land is also being reclaimed, but on the Blackfeet proposition there are no white men. It is solely an Indian work. The work was done solely for the Indians. The money was expended out of their funds, and when the land is reclaimed it will belong to the Indians solely. It is the same with Fort Peck, as I understand it. Mr. KoNOP. The Blackfeet and Fort Peck are strictly Indian propositions? Mr. Evans. The Blackfeet is ; yes, sir. Mr. Meeitt. The Blackfeet is strictly an Indian project at this time, because the reservation has not been opened. Fort Peck, how- ever, is not strictly an Indian project, because the reservation has been opened and some of the land that has already been taken up will be irrigated from this project. Mr. KoNOP. But will it be about half Indian and half white? Mr. Meritt. It will be about half Indian and about half white. Mr. KoNOP. About the same as the Flathead? Mr. Meeitt About the same as the Flathead. Mr. KoNOP. Now, in the Fort Peck item the legislation is some- what longer, and you say in that line 22 : Also in all patents in fee to allottees or their heirs issued before payment shall have been made of all such charges authorized to be made against their allotments there shall be expressed that there is reserved upon the lands therein described a lien for such charges. Why isn't that language also in the Flathead provision? Mr. Meeitt. I think the general language would make the land on the Flathead Reservation Mr. KoNOP (interposing). I am talking about— you are talking about the general legislation further back. ]\Tr I\dJERITT Y^GS Sir. Mr! KoNOP. You 'have a very drastic provision under this Black- feet project— amendment 72— saying that the entryman upon the surplus unallotted land to be irrigated must comply with the home- stead laws and before receiving patents for the land shall pay the charges apportioned against the tract, and a failure to make any 110 INDIAN APPEOPEIATION BILL, 1917. two payments when due shall render the entry subject to cancella- tion with the forfeiture to the United States of all rights under the provisions of this act, as well as all the money paid, ^ou are going to clean him right out in two years without any show for his white alley at all. That provision does not occur in the other two, and I wondered why you were so drastic on the Blackfeet Reservation, which is purely Indian. Mr. Meeitt. Because we will ultimately have land to be taken up by white people on that reservation. They have not taken the land yet. Mr. KoNOP. It seems to me the white man would be very slow about taking any lands under a proviso as drastic as that. I think if you want settlement in there you had better change that legis- lation. Mr. Meeitt. I see no objection to changing that language so as to leave the discretion with the Secretary of the Interior. Mr. Hayden. I see that you have an item here in amendment 73 providing for $22,400 to be paid to George W. Cook and David La Breche. What about that ? Mr. Meeitt. Those Indians have had their allotments and certain IJropertj' taken away from them on the Blackfeet Reservation, in connection with this irrigation project, and it is for the purpose of reimbursing those Indians for the property taken by the Govern- ment in the construction of the irrigation project. Mr. Hatden. Now, in section 74 you state that the work shall be done by the Reclamation Service on plans furnished by the Com- missioner of Indian Affairs. Mr. Meeitt. I think that ought to be the Secretary of the Interior. Mr. Hatden. Then, you provide $19,575 for certain motor-pro- pelled vehicles. Are those vehicles necessary in connection with •this work? Mr. Meeitt. Yes, sir. Under existing law we can not buy motor- propelled vehicles without specific authority of law. Mr. Hatdejst. Now, a year ago, when the Indian bill went into con- ference, similar legislation to this was agreed to and was in the bill that failed. Mr. Meritt. Yes, sir. Mr. Hayden. I think, for the information of the committee, that we ought to print the language agreed to in the last Congress, so that we can compare it with what you have here. I have read the two over hastily, and I find that you have practically agreed to the same thing that was very carefully thought out in the other Con- gress. Mr. KoNOP. Did the conferees agree to it ? Mr. Hayden. Yes, they agreed to it ; and it was reported to both Houses. Now, you state here, at the bottom of page 54, beginning with line 22 : That the tribal funds heretofore covered into the Treasury of the United States in partial reimbursement of appropriations made for constructing irri- sation systems on said reservation shall be placed to the credit of the tribe and be available for such expenditure for the benefit of the tribe as may be made inider existing law. INDIAN APPEOPKIATION BILL, 1911. Ill A year ago instead of stating it in general terms, the bill provided that $440,217.78 of the Flathead Indians' money that had been used, and $4,544.40 of the Blackfeet money, and $80,425.75 of the Fort Peck money should revert to the Treasu]-y as provided herein. Has there been any change in those totals ? Mr. Meeitt. We have been spending funds in the meantime, and it is largely a question of bookkeeping as to the exact amount, and we thought Ave vcould not attempt to state the exact amount, because it might be an error. Mr. Hayden. What would be the approximate amount? Can you get us the figures and bring it up to date, as near as you can, and insert it in the record ? Mr. Meritt. I will put the figures in the record. Mr. Hatden. We would like to Imow just what we are doing by that general language, as it involves a considerable sum of money. Mr. Meritt. The records of the office show the following amounts covered into the Treasury as miscellaneous receipts as reimbursement to the United States from tribal funds on account of expenditures from reimbursable appropriations for irrigation purposes for the Blackfeet, Flathead, and Fort Peck Indians. The figures are as follows : Blackfeet $4, 544. 40 Flathead 440, 217. 78 Fort Peck 80, 425. 75 Total 525, 187. 93 These figures are the same as those contained in the estimates for the fiscal year 1916, no further reimbursements having been made. I wanted to call Mr. Campbell's attention to this specific language that you have just read. He was asking about reimbursing the tribes, and I would like for him to know that this legislation provides for the reimbursing of the tribes, for the funds already expended. Mr. Hatden. Now the remainder of the amendment is the same as were agreed upon a year ago in the conference report, and are taken bodily from the reclamation-extension act. You provided that the same payments should be made, 20 annual payments, under the reclamation act. Mr. Meeitt. Yes, sir. Before we leave the Montana items, I would like to say that any remark I made was not intended as a reflection on any one. The Montana Senators and Representatives have been cooperating with the department, and they have been very helpful in getting not only the appropriation, but the legislation that we desired. Mr. KoNOP. Do they get along pretty well? Does the Montana delegation get along pretty well ? Mr. Meeitt. We are very found of the Montana delegation. Mr. Caetee. The next amendment is No. 76, page 26, changing the number of section 11 to section 12. The next amendment is No. 77, page 57, line 2, strike out " $5,000 " and insert "$10,000." What is the necessity for that, Mr. Meritt? Mr. Meeitt. Those amendments to this school item were placed on the bill in the Senate at the request of Senator Hitchcock. He 112 INDIAN APPKOPEIATION BILL, 1911. feels that these appropriations could be used to advantage at that school, and we concurred in that desire— that the appropriation should be obtained. Mr. KoNOP. Now, what did you estimate for originally to this com- mittee for general repairs and improvements? Mr. Meritt. Our estimates for this school, found at page 249 of the House hearings, are as follows: For support and education of four hundred Indian pupils at the Indian school at Genoa, Nebraska, including pay of superintendent, $68,000 ; for general re- pairs and Improvements, $10,000 ; for new boilers at power plant, extension of water and sewer main, and for construction of septic tank, $10,800; in all, $89,600. Mr. Carter. That is increased about $15,000 above your estimate. Mr. Meritt. There are two items asked — one for suitable employ- ees' quarters, for physician, principal teacher, and clerks, $7,000, and then the bridge item, $6,500. Mr. Carter. What have you to say about that? Mr. Meritt. This bridge across the Niobrara Eivei- Mr. KoNOP (interposing). What about these employees' quarters? Mr. Meritt. The amendment for employees' quarters was proposed by Senator Hitchcock on the floor of the Senate, page 5639 of the Congressional Eecord. We will be glad to have that appropriation, because the school is rather overcrowded on account of lack of em- ployees' quarters. And we would like to have the physician a regu- lar physician, located at this school, instead of the contract physician we now have. This contract physician lives in the town of Genoa, and if we could have a regular physician we would have him located on the school grounds. The item for repairs to the Niobrara bridge was proposed on the floor of the Senate, as shown on page 5640 of the Congressional Record. Mr. Carter. You did not ask for that in the estimates? Mr. Meritt. No, sir. Mr. Carter. Did you knoAv you needed it then? Mr. Meritt. We knew we needed it, but we did not ask for it, for the simple reason that we are trying to keep the estimates down to the lowest point possible. Mr. Carter. There is no more necessity for it now than there was then, is there? Mr. Meritt. No, sir. Mr. Carter. The next amendment is No. 78, for suitable em- ployees' quarters. That is the one we have been discussing. The next is No. 79, page 57, line 12, strike out " $84,600 " and insert " $103,100." The next is amendment No. 80, page 57, line 13 : That the Secretary of the Interior be, and he is hereby, authorized, in his dis- cretion, to approve the assessments, together with maps showing right of way and definite location of proposed drainage ditches to be made under the laws of the State of Nebraska upon the allotments of certain Omaha and Winne- bago Indians in Wakefield drainage district, in Dixon, Wayne, and Thurston Counties in Nebraska. That the Secretary of tlie Interior be, and he is hereby, authorized to pay the amount assessed against each of said allotments : Provided, That said as- sessment shall not exceed $10 per acre on any allotment or portion thereof; and there is hereby appropriated for said purpose, out of any money in the Treasury not otherwise appropriated, the sum of $30,000, to be immediately available, the said sum to be reimbursable from the rentals of said allotments, INDIAN APPROPRIATIOK BILL, 1917. 113 not to exceetl fift.\- per centum of the amount of rents received annuiilly or from any funds belonging to tlie said allottees, in the discrelion of the Secre- tary of the Interior. That the Secretary of the Interior l)e. and he is hereby, authorized, in his discretion, to approve deeds for right of way from such said allottees or their heirs as may be necessary to permit the conslrnction and maintenance of said drainage ditch upon the payment of adeepiate damages therefor. That the Secretary of the Interior is hereby authorized to api)rove the assessments upon all other reslri<'ted allotments located within anv i)ropose(l drainage district located and made under the la\\s of the State of Nebraska. That in the event any allottees shall i-eceive a patent in fee to any allotment of land in any lawfulh- constituted drainage district within the State of Nebraska before the United States shall have been wliolly reimbursed as herein provided, the amount remaining unpaid shall become a first lien on such allotment, and the fact of such lien shall be recited on the face of each patent in fee issued and the amount of the lien set forth thereon, and the receipt of the Secretai'y of the Interior, or of the ofhcer, agent, or employee duly authorized Ijy him for that purpose, for the ])a^•ment of the amount assessed against any allot- ment as herein provided shall, when duly recorded by the recorder of deeds in the county wherein the land is located, operate as a satisfaction of such lien. That the Secretary- of the Interior is hereby authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying these provisions into full force and effect. Mr. Meeitt. We did not ask that this item go in the Indian a]D- Sropriation bill. It was placed in the bill at the request of Senator orris, of Nebraska, page 5640 of the Congressional Record. We see no objection to the proposed legislation. Mr. Carter. What page of the Senate hearings does that ap- pear on? Mr. Meritt. There ^vere no hearings on the item. It was ]jlaced in the bill on the floor of the Senate, and the discussion is found on page 5640 of the Congressional Eecord. Mr. Carter. Your department did not estimate for it ? Mr. Meritt. No, sir; but we have no objection to the legislation. Mr. Carter. But you did not recommend it ? Mr. Meritt. No, sir. Mr. Carter. Do you think it is necessary ? Mr. Meritt. There are certain Indian allotments within this drain- age district, and we would be glad to see the legislation enacted. Mr. Carter. But your bureau had not found the necessity for it when you appeared before the House committee ? Mr. Meritt. We did not recommend it before the House com- mittee. Mr. Carter. And there is no more reason for its necessity now than there was then? Mr. Meritt. Not within my knowledge. Mr. Hayden. Has your bureau favorably reported on any bill to this effect? Mr; Meritt. I do not recall the department making a report on it ; but I have read the legislation carefully, and the interests of the Indians are protected. Mr. Hayden. But you never have had any investigation made on the ground as to how many acres of land are affected or how many Indians are affected ? Mr. Meritt. No, sir. Mr. Hayden. You ordinarily would do that in the case of a bill that is referred to you? 3634.5— PT 5—16 8 114 INDIAN APPROPEIATION BILL, 1917. Mr. Meeitt. We may have made a report on the bill, but we have not made any investigation. I think we have reported on the bill, but we have not made a local investigation. Mr. KoNOP. Has there been any bill introduced into the House to this effect? Mr. Meeitt. I think so. I believe Congressman Stephens, of Ne- braska, has introduced a bill. No. 11411. The department submitted a favorable report on the bill under date of March 4, 1916. Mr. KoNOP. As I understand it, there are some Indian allotments in some drainage districts, and the white people are building a drain- age ditch to drain their lands, and you think it would benefit the Indian allottees to drain theirs also ? Mr. Meeitt. Yes, sir. Mr. Noeton. Is there any general legislation for cases of this kind, where irrigation' ditches are being run through Indian allotments ? Mr. Meeitt. We have general legislation which enables us to grant rights of way for the ditches across Indian allotments ; but this legis- lation would require an appropriation to drain the Indian lands, and we have no general legislation applicable to that feature. Mr. Noeton. Have yon no general legislation covering this feature in this item: That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to approve deeds for right of way from such said allottees or their heirs as may be necessary to permit the construction and maintenance of said drainage ditch upon the payment of adequate damages therefor. Mr. Meeitt. Yes, sir; we have legislation covering that. Mr. Noeton. Well, that particular part of this item would not be necessary then. Mr. Meeitt. Not absolutely necessary, but as long as we are having legislation, they might make the item complete. Mr. Caetee. We will adjourn until 2 o'clock this afternoon. aftee eecess. The committee reassembled at 2 o'clock p. m., at the expiration of the recess. STATEMENT OF MR. EDGAR B. MERITT, ASSISTANT COMMISSIONER OF INDIAN AFFAIRS— Continued. Mr. Carter. The committee will come to order. Page 59, amend- ment No. 81, which is only a change of the number of the section. No. 82, to strike out — For the support and education of two hundred and eighty Indian pupils at the Indian school at Carson City, Nevada, including pay of superintendents, $48,760; for general repairs and improvements, $8,000; for irrigating school farm, $4,000; in all, $60,760. And inserting in lieu thereof the following: For support and education of three hundred Indian pupils at the Indian school at Carson City, Nevada, including pay of superintendent, $52,100; for general repairs and improvements, $8,000; for irrigating school farm, $4,000; for new dormitory building, $25,000; in all, $89,100. INDIAN APPROPRIATION BILL, 1917. 115 Mr. Carter. What justification have you for that? Mr. Meritt. Mr. Chairman, that is exactly in accordance with our estimates. The item is fully justified beginning with page 253 of the House hearings, and it also is referred to on page 216 of the Senate hearings. This is one of our good schools. We have between 7,000 and 8,000 Indians in the State of Nevada, and we can fill this school to its full capacity. We recently sent there a new super- intendent, who is building up the school, and we hope to have the conditions of that school very materially improved, and if we can get the additional dormitory that we are asking for we can increase the attendance from 280 to 300 Indian children. Mr. Carter. You only had an average attendance last year of 256. Mr. Meritt. Yes, sir. Mr. Carter. So the school was not full last year? Mr. Meritt. No, sir ; but we have sent a new superintendent there since this report was made up, and he is one of our good superintend- ents, and I think the school will be filled to its capacity. Mr. KoNOP. Was the old superintendent an inefficient man? Mr. Meritt. He was not as strong a school man as we needed for that institution. Mr. KoNOP. Now, the new dormitory building is the increase that you have? Mr. Meritt. Yes, sir. Mr. KoNOP. And then the increase in the number of pupils from 280, which we allowed in the House bill, to 300, and the Senate has raised that appropriation from $48,000 to $52,000? Mr. Carter. Do you not think that 280 would be sufficient there for the coming year? Mr. Meritt. With this appropriation we could have 300 children there. If the House feels that they want to reduce the number, we will try to get along with the appropriation for the 280. We very much prefer to have the appropriation for 300 children. Mr. KoNOP. Do you know anything about the conditions of the dormitories there now? Mr. Meritt. The dormitory facilities are not adequate; they are entirely inadequate. Mr. KoNOP. I mean as to the condition of the buildings at the present time? Mr. Meritt. The superintendent was in the city recently, and he told me that we very much need an additional building there for dormitory purposes. . Mr. KoNOP. The old buildings are all right; what you want is more room. Is that it? Mr. Meritt. Yes, sir. Mr. Carter. You have the capacity already for 286, have you, Mr. Meritt? Mr. Meritt. Yes, sir; at this time. Mr. Carter. So that if we do not increase it above 286, you will have no necessity for the new dormitory? Mr. Meritt. Yes, sir. We need the new dormitory, even it the attendance remains at 280. Mr. Carter. Why do you need a new dormitory if you have a capacity of 286? 116 INDIAN APPEOPRIATION BILL, 1917. Mr. Meeitt. Because the children are very much crowded in the present buildings. Mr. Caetee. When you say "capacity," that means that you can take care comfortably of 286 people, does.it not? Mr. Meeitt. We can not take care of them and give them the air space that they need in the dormitories. Mr. KoNOP. In the hearings on this proposition it is stated that this $25,000 expense was for the housing of 14 pupils. That is, 14 additional pupils that can not be housed now. Mr. Meeitt. Of course, we are housing those pupils, but we are not housing them in a satisfactory way, and we need this new dormitory to bring this school plant up to the required standard. Mr. KoNOP. What is the value of the buildings, the dormitories, as they now stand? Do you know? I mean, what the valuation of them is? Mr. Meeitt. There is a typographical error here in the printing of this table, showing the value of school plant. The correct amount is $84,068.20. Mr. Caetee. The value of it, then, is not $8,000,000? Mr. Meeitt. No, sir; that is a typographical error. Mr. KoNOP. Have you any idea what the probable value of the present building that you now have, that is used as a dormitory, is '; Have you any figures as to that ? Mr. Meeitt. It is probably not far from $10,000. Mr. KoNOP. Don't you think an addition for 14 more pupils asking for $25,000 is too much? Mr. Meeitt. We want to put up a substantial building there and transfer those pupils to this new dormitory building. Mr. Caetee. What are you going to do with the old dormitory ? Mr. Meeitt. We would use that for school purposes. We might want to use it for a gymnasium or for a dining room. That would depend upon the recommendation of the superintendent. Mr. Caetee. Don't you think it is a pretty extravagant proposition, Mr. Meritt, to spend $25,000 for just an addition for 14 pupils? Mr. Meeitt. When we get this building up, Mr. Carter, we can still increase the capacity of that school probably up to 350. Mr. Caetee. So you have in mind the increasing of the school next year after this ? Mr. Meeitt. After the building is completed we can increase the capacity of the school, and we find that it is good administration to have a larger number of pupils at these nonreservation schools, be- cause the cost per capita is low. Mr. Caetee. What Indians attend this school ? Mr. Meeitt. Indians generally from Nevada. We have between 7,000 and 8,000 Indians in Nevada. These Indians have been very largely neglected by the Government and we are trying to do some- thing for these Indians in the way of education as well as purchas- ing lands for them. Mr. Heenandez. What Indians are they ? Mr. Meritt. They are different bands of Indians. We have several schools and agencies there known as the Fallon School, the Fort McDermitt Agency ; the Moopa Kiver Agency, the Nevada Agency ; the Walker River Agency ; the Western Shoshone Agency ; and then we have the scattered bands that are not under agencies. INDIAN APPROPRIATION BILL, 1917. 117 Mr. Carter. The next amendment is No. 83, to insert the fol- lowing : For the piirimse of procuring homes unci fariii sites, with adequiite water rights, and providinj;- agricultural equipment and instruction and otlier neces- sary supplies for the non-reservation Indians in the State of Nevada, .$15,00(1. What have you to say about that, Mr. Meritt? Mr. Meritt. That item was placed in the bill at the request of Senator Pittman, of Nevada, and is referred to on page 5640 of the Congressional Record. There are quite a large number of Indians in that State without any land whatever. They are squatted on public and private lands. Mr. Carter. Did the Senate committee take any action on this item? Mr. Meritt. I find, Mr. Carter, that this was discussed in the Senate committee, as shown on pages 218 and 219 of the Senate hear- ings. The department submitted a favorable report under date of February 8, 1916, and recommended an appropriation of $15,000. Mr. KoNOP. I would like to ask you why the Washoe Tribe is men- tioned separately and the other Indians are put in there in general terms in No. 83 ? Are the Washoe Indians homeless Indians ? Mr. Meritt. Yes, sir. They are a small band of Indians that have been living around a town there in Nevada, and the owner of the land is about to require these Indians to move, and it will be neces- sary that we purchase some land for them. Mr. Koxop. Then, the homeless Indians provided for in No. 83 are entirely different Indians from the Washoe Indians? Mr. Meritt. Yes, sir. Mr. Koxop. Do you know the names of these Indians ? Mr. Meritt. No, sir ; they are not known by any particular name. Mr. Carter. How many of them are there ? Mr. Meritt. They are just a scattered band of Indians. There are over 3,000 Indians in Nevada without lands at this time. Mr. Carter. Do you know what tribes they belong to ? Mr. Meritt. No, sir. Mr. Hernandez. There are considerable public lands in the State of Nevada, are there not? Mr. Meritt. There is considerable public land, but it is largely of no great value, because of lack of water. Mr. KoNOP. I noticed when we were on the California items there were some items providing for the purchase of land for bands of Indians in northern California. Mr. Meritt. Yes, sir. Mr. KoNOP. I was wondering whether or not this band in Nevada is some kin to these Indians in California? Mr. Meritt. They may be related in some way, but I have no in- formation upon the subject. Mr. Carter. Where do you propose to get these lands if this item is adopted? Mr. Meritt. We will buy lands in the community m which the Indians are living. Mr. Carter. From the white settlers? Mr. Meritt. From the white settlers; and we will be sure to get a water right to accompany the land, so that the land can be cultivated. 118 INDIAN APPEOPEIATION BILL, IMl. Mr. Carter. You say that there is no public land in Nevada that might be subject to irrigation that is not taken up ? Mr. Meritt. Most of the valuable land has been taken up.^ Water is very scarce, as you know, in that State. Mr. Carter. The next amendment is, on page 60, line 12, amend- ment 84, insert : To be immediately available and to remain available until expended. Mr. Meritt. This item will be found on page 218 of the Senate hearings and on page 259 of the House hearings. We are asMng that that appropriation be made immediately available and to remain available until expended for this reason : It is sometimes impossible to purchase the land and get the title passed on by the Department of Justice or the Solicitor for the Interior Department and the transaction closed up during the fiscal year. Mr. Carter. Under the law you are permitted to have the use of that money for one or two years after the fiscal year expires if con- tracts are made for it, are you not ? Mr. Meritt. In buying land I think the deed must be executed before the close of the fiscal year, and in purchasing land we are required to submit the title to the solicitor of the department or to the Attorney General. Mr. Carter. Can you give me the citation of that law that requires you to complete the title within the fiscal year that the money is appropriated? Mr. Meritt. The laws applicable read as follows : Section 5 of the act of June 20, 1874 (18 Stat. L., 110) : That from and after the first day of July, eighteen hundred and seventy-four, and of each year thereafter, the Secretary of the Treasury shall cause all unex- pended balances of appropriations which shall have remained upon the books of the Treasury for two fiscal years to be carried to the surplus fund and covered into the Treasury : Provided, That this provision shall not apply to permanent specific appropriations, appropriations for rivers and harbors, lighthouses, forti- fications, and public buildings, or the pay of the Navy and Marine Corps ; but the appropriations named in this proviso shall continue available until other- wise ordered by Congress, and this provision shall not apply to any unexpended balance of the appropriation made by the act approved December twenty-first, eighteen hundred and seventy-one, for expenses that may be incurred under articles one to nine of the treaty with Great Britain concluded May eighth, eighteen hundi-ed and seventy-one, which balance the act approved March third, eighteen hundred and seventy-three, autliorized to be expended to enable the President to fulfill the stipulations contained in the twentieth, twenty- second, twenty-third, twenty-fourth, and twenty-fifth articles of said treaty : And provided further, That this section shall not operate to prevent the fulfill- ment of contracts existing at the date of the passage of this act; and the Secre- tary of the Treasury shall at the beginning of each session report to Congress, with his annual estimates, any balances of appropriations for specific objects affected by this section that may need to be reappropriated. Section 7 of the act of August 24, 1912 (37 Stat. L., 417-487), reads : No specific or indefinite appropriation made hereafter in any regular annual appropriation act shall be construed to be permanent or available continuously without reference to a fiscal year unless it belongs to one of the following five classes : " Rivers and harbors," " lighthouses," " fortifications," " public build- ings," and " pay of the Navy and Marine Corps," last specifically named in and excepted from the operation of the provisions of the so-called " covering-in act " approved June twentieth, eighteen hundred and seventy-four, or unless it is made in terms expressly providing that it shall continue available beyond the fiscal year for which the appropriation act in which it is contained makes INDIAN APPROPRIATION BILL, 191*7. 119 Mr. KoNOP. I want to ask some more questions about No. 83, about the homeless Indians in Nevada. Do you knoAv whether or not these Indians are destitute? Mr. Meritt. Yes, sir. Mr. KoNOP. Do they need assistance? Mr. Meritt. Yes, sir. They have no money of their own, and they are very much in need. Mr. KoNOP. Do you not carry a general provision of $200,000 or $300,000 for the support of destitute Indians not otherwise pro- vided for in the bill ? Mr. Meriti'. That provision, hovs'ever, is not available for the pur- chase of land. It requires specific authority of law for us to purchase land for Indians, and we could not purchase land for them under that relief and assistance appropriation. Mr. KoNOP. Have these Indians ever been given any rations, or have they been otherwise provided for by the department, in view of the fact that they are destitute and are not otherwise provided for ? Mr. Meritt. We helped them to a limited extent. Mr. KoNOP. So the only reason that you have this in as a special provision is that you want to buy some lands for the Indians ? Mr. Meritt. Yes, sir. Mr. KoNOP. Do you think, when they get those lands, they will be self-supporting, and that they will not require any more help from the Government? Mr. Meritt. Yes, sir. Mr. Carter. Amendment 85 is to correct a section number. Amendment 86 adds the words " or in the vicinity of," in line 20, page 60. Mr. Meritt. This amendment is discussed on page 96 of the Senate hearings. We expect to buy land adjoining the school grounds, but we wanted a little latitude, because we thought that the owner of that land might want to hold us up for a high price if Ave did not have that latitude in the law. Mr. Hernandez. That is very desirable. They can probably get a better price with that amendment. Mr. Carter. Line 22, amendment 87, is to strike out the following : For support and education of three hundred and fifty Indian pupils at the Indian school at Santa Fe, New Mexico, and for pay of superintendent, $59,550 ; for general repairs and improvements, $6,000 ; for water supply, $1,600 ; in all, $67,150. And to insert in lieu thereof the following : For support and education of four hundred Indian pupils at the Indian .school at Santa Fe, New Mexico, and for pay of superintendent, $69,050 ; for general repairs and improvements, $8,000; for water supply, $1,600; for the construc- tion of an assembly hall and gymnasium, $25,000; in all, $193,650. There is an increase of $36,500. What have you to say about that, Mr. Meritt? Mr. Meritt. This item will be found on page 264 of the House hearings and pages 304 and 305 of the Senate hearings. The increase was made at the request of Senator Catron, of New Mexico. The enrollment has been increased from 350 to 400 pupils. Mr. Hernandez. In the first place, the calculation for 350 pupils was erroneous, was it not? It amounted to more than $59,500, with the salary of the superintendent? 120 INDIAN APPROPRIATION BILL^ 1917. Mr. Meeitt. The estimates of the department were for 350 pupils, and we can enroll 400 pupils at this school, and we would be glad to Inave that enrollment. The department estimated for repairs $8,000, the amount allowed bv the Senate, and we also requested an appro- priation of $1,600 for" a water supply. That has been carried m the biU for a number of years. The new item for the construction of an assembly hall and gymnasium, $25,000, was added at the request of Senator Catron. The Congress two years ago authorized the con- struction 'of an assembly hall and gymnasium at the^ Albuquerque School and we need the same building at the Santa Fe School. Mr. KoNOP. I should like to know why you should have an as- sembly hall and gymnasium at this school when you are not provid- ing such facilities, say, at Genoa, Nebr., and other Indian schools. Mr. Meeitt. We have gymnasiums and assembly halls at quite a number of the nonreservation schools. We have found them very helpful and beneficial to the Indian children, where we have an enrollment of 400 or 500 children ; we find that it is very desirable to have an assembly hall for the entire school population. Mr. KoNOP. Is not there an assembly hall at this school now of some kind? Mr. Meeitt. Yes, sir; but it is not sufficiently large to accommo- date all of the children of the school. Mr. KoNOP. Is there a.farm in connection with this institution? Mr. Meeitt. Yes, sir. Mr. KoNOP. Do you not think that the pupils would get plenty of exercise out on the farm? Mr. Meeitt. They need exercise at night, when they have been studying all day. Mr. Hernandez. In connection with that assembly hall, I will say that I have attended several meetings or entertainments given by these schools. The Indians are mostly Pueblo Indians, and are very efficient as students, very much better than any other reservation Indians, and they have given exhibitions quite often, and I have gone there when half of the people could not get into this hall room where they hold these meetings, and I remember about three years ago, when I was in Santa Fe, that the question of a new place where these meetings could be held was discussed at that meeting. It is very desirable for them to have a new building such as is contem- plated by this item. Mr. KoNOP. We can not provide an assembly hall for people who go to entertainments. We are providing an assembly hall for the pupils. Mr. Heenandez. I know. Mr. KoNOP. The assembly hall, however, can accommodate these people who want to see these pupils go through their exercises. We would undoubtedly have to provide a much larger assembly hall. In the school buildings we usually have an asesmbly hall to accom- modate the pupils, and Avhen there is anything going on we may ac- commodate a few mothers and fathers. Mr. Tillman. Well, it is very desirable to have a chapel or assem- bly hall foi- the commencement exercises and things of that kind. Mr. KoNOP. Is it proposed to build a gymnasium and to use that gymnasium as an assembly hall, or are there to be two separate buildings? INDIAN APPEOPRIATION BILL, ign. 121 Mr. Meeitt. There is to be one building. Mr. KoNOP. Just one room ? Mr. Meeitt. The assembly hall and gymnasium will be in one building. Mr. Caetee. "What is the capacity of that school, Mr. Meritt? Mr. Meeitt. At this time it is 350. Mr. Caetee. No ; the capacity. Mr. Meeitt. We can accomniodate 400 pupils there. Mr. Caetee. What was your average attendance last year? Mr. Meeitt. The enrollment was 380. The average attendance was 354. The cost per capita, based on enrollment, was $163. Mr. Caetee. The per capita cost ought to be based really on at- tendance. Mr. Meeiti'. Based on average attendance, the per capita cost was $175. Mr. Caetee. That is a very low cost per capita. Mr. Meeitt. Yes, sir ; this school is a very fine school and is well administered. Mr. Heenandez. Oh, yes ; it is. Mr. Caetee. How many buildings have you there now ? Mr. Meeitt. We have 28 buildings. Mr. Caetee. What is the value of your school plant now? Mr. Meeitt. $155,276. Mr. Caetee. No. 88, line 16, is to strike out the following: " $15,000, said sum to be reimbursed from any funds which are now or may hereafter be placed in the Treasury to the ci-edit of said Indians." What is the necessity for that ? Mr. KoNOP. And you insert " $54,000." Mr. Caetee. IVhat is the necessity for the increase, first? Mr. Meeitt. This item Avas increased at the recommendation of the Senator from Colorado, as shown by the discussion in the Senate committee, pages 97 and 102 of the hearings. Mr. Heenandez. The $15,000 was placed in by a House amend- ment, if you remember, for commencing — not for finishing — but for commencing the road, and when they got to discussing it in the Senate, 1 understand that the Senator from Colorado and the Sena- tor from New Mexico thought that it would be more advisable to finish the road as long as they were building it. Building a road by piecemeal is never satisfactory. It runs right through the reser- vation. These Indians have a good deal of business to transact at the towns in that neighborhood, and also in the towns in the neigh- boring counties of La Plata and San Juan, in Colorado and New Mexico. Mr. KoNOP. Is this the provision that Mr. Taylor appeared before the committee and was heard on ? Mr. Meeitt. Yes, sir. Mr. KoNOP. As I understand this, in asking for only $15,000, it was with the understanding that the Government in behalf of the Indians would help to contribute toward this road ; but I understand that it was the local authorities, or the States there that were going to build this road ? Mr. Heenandez. This road is about 150 miles long, you under- stand, and this item of $54,000 will not cover more than one-third of 122 INDIAN APPEOPEIATION BILL, IWl the proposition, perhaps not that, of the building of this road, and the Indians, they have a good deal of stuif to haul up and down the road. It runs right through the rservation, and in the southern part of our State. Mr. KoNOP. And this road will be built for the whites in Colorado ? Mr. Hernandez. Oh, well, up to the line of the reservation only, and by the county of McKinley in my State. Mr. Carter. Mr. Meritt, you did not ask for this before the House committee at all — ^this road ? Mr. Meritt. That was not included in our estimate, but Secretary Lar!,e, in a letter dated January 28, 1915, to the chairman of the House Committee on Indian Affairs, Mr. Stephens, recoromended an appro- priation of $15,000 for this work. That letter is found on page 98 of the Senate hearings. Mr. Carter. Was that after the Indian appropriation bill had been reported by the House Committee on Indian Affairs ? Mr. Meritt. I think so ; this letter is dated January 28, 1916. Mr. Carter. Mr. Meritt, what have you to say about the necessity for this increase of $39,000 ? Mr. Meritt. Of course, it would be good administration for them to have the entire appropriation available at one time, rather than to construct the road by piecemeal. Mr. Carter. You would always prefer to have that in all appro- priations, would you not, in building roads, and things of that char- acter ? Mr. Meritt. Yes, sir. Mr. Carter. So your reasoning for that would be the same as your general reasoning for such items? Mr. Meriti'. Yes, sir. Mr. Carter. Why was this language struck out, " said sum to be reimbursed from any funds M'hich are now or may hereafter be placed in the Treasury to the credit of said Indians"? Mr. Mee:tt. Those Indians have no funds at this time, and I be- lieve it was decided that it might as well be a gratuity appropria- tion ; but, so far as the office is concerned, we have no objection to that language going back. Mr. Carter. They have lands? Mr. Meritt. Yes, sir; they have lands, and they will ultimately have funds to their credit. Mr. Hkrxandez. I do not know who had that struck out of there. Mr. Cartor. I think that ought to stay in. Mr. Hernandez. Yes ; I think so. Mr. Carter. No. 89 is to correct a section number. No. 90 is also to correct a section number, and No. 9 is to insert the following : For buikliiiK a ln-id^e across the Ocona Lufty River at Cherokee on Govern- ment Indmii school roKcivation in Swain County, North Carolina, $15,000. What is the necessity for that, Mr. Meritt? Mr. Merttt. That was not estimated by the department, but was placed in the bill on the floor of the Senate. Mr. Carter. What page of the Senate hearings is it? Mr. Meritt. I do not find it in the Senate hearings, but a discus- sion of the Item is found on page 6744 of the Congressional Kecord or March 28. INDIAN APPEOPKIATION BILL, 1911. 123 Mr. Carter. How much land is there in this Government Indian school reservation in Swain County, N. C. ? Mr. Mf.ritt. The Cherokee Indians have got a large reservation. They have 63,211 acres. Mr. Carter. Have they any funds in the Treasury? Mr. Meritt. They have only $10,656. Mr. Carter. Is there any reason why those funds should not be applied to the building of this road ? Mr. Meritt. I would see no objection to make this item reimburs- able, to be paid out of the funds which may hereafter be to the credit of these Indians. Mr. Carter. There would be no objection to that at all? Mr. Meritt. No, sir. Mr. Carter. Have they any unsold property from which moneys might be derived or any other sources of revenue ? Mr. Meritt. They have some timberlands and some unallotted lands that may ultimately be sold and the money come into the Treasury. Mr. KoNOP. Mr. Meritt, has there been a bridge at this place t Mr. Meritt. No, sir. Mr. KoNOP. Is it a new road that has been built through there ? Mr. Meritt. The State, I believe, has built a road up to the reser- vation line, and this stream is the boundary of the reservation. Mr. KoNOP. How far is it from the point where the road comes to the reservation across the reservation to the other end ? Mr. Meritt. I could not give you the exact information on that. Mr. Carter. Would your bureau have any objection to cutting this item down to $10,000 and make it reimbursing? Mr. Meritt. I think it is estimated that the bridge would cost about $15,000. Mr. Carter. Have you any treaty with these Indians? Mr. Meritt. Congress would have the authority to do that. Mr. Carter. Would it be in violation of a treaty ? Mr. Meritt. No, sir. Mr. Carter. No. 92 is to insert the following: That the Secretary of the Interior be, und he is hereby, authorized aiul directed to acquire a site at or near the town of Pembroke, Robeson County, North Carolina, and cause to be erected thereon suitable buildings for a school for the Indians of Robeson County, North Carolina, now living in Robeson and suiToundlng counties in North Carolina, and the sum of $50,000 is hereby appro- priated, out of any money in the Treasury not otherwise appropriated, to pay for the site and the erection of the buildings. That after the aforesaid build- ings are erected the sum of $10,000 Is hereby appropriated for the conduct and maintenance of said school for the Indians of Robeson County, North Carolina, under the supervision of the Secretary of the Interior, in accordance \vith the provisions of law for the conduct and maintenance of schools for the Indians by the United States Government. Mr. Meritt. That item is discussed on page 533 of the Senate hearings. We have about 8,000 Indians in North Carolina. A large number of those Indians are without school facilities. They are not permitted to attend the white schools, and the Indians will not attend the colored schools, and the State has provided a few schools tor the Indians, but- Mr Carter (interposing). You say that they are not permitted to attend the white schools? 124 INDIAN APPKOFKIATION BILL, 1017. Mr. MEErrr. No, sir. Mr. Carter. Those are the Croatan Indians, are they not ? Mr. Meeitt. I. think they are. I feel that the Government ought to do something for the Indians. The children are not being edu- cated. Mr. Hernandez. They can not go either to the white or the colored schools ? Mr. Carter. He said that they would not let them go to the white schools, and I presume that they will not go to the colored schools. Mr. Meeitt. I would be very glad to have this appropriation I'e- main in the bill as finally passed. Mr. KoNOP. What kind of an institution do you propose to put up for $50,000? Mr. Meeitt. We are going to put up a small boarding school. Mr. KoNOP. I am afraid that after a while you will be asking for $100,000 more to enlarge that institution. Do you not think so ? It is certainly a small amount of money to provide buildings for a boarding school, to erect dormitories and sufficient housing facili- ties — schoolrooms. Mr. Meritt. I think we ought to provide as lai'ge a school as we can with this appropriation, and if we are not able to provide for all of the children, we ought to come back and ask for a larger appro- • priation. Mr. KoNOP. Don't you think that it would be better for the Gov- ernment to go down there and build, say, 15 or 20 small schools, day schools, and have the children attend these schools just as they do other public schools, instead of having a boarding school at some central place and board the Indian children there ? Why not provide small schools like they provide for the negro and the white children in North Carolina? Mr. Meeitt. I asked the Indians that very question when they were here this winter, and they said some of them were so poor that if they relied on a day school the children would not attend it. They would have to work the farm where they are tenants, and the owners of the land require not only the Indian man of the family but as many of the children as possible to work, and they will not get very much benefit from the day schools if constructed, and they would prefer to send their children off to a boarding school. That is the statement the Indians made to me. Mr. Carter. Most any person would prefer to have his child boarded if he could dispense with that expense himself. I think that statement of these Indians is one of the evidences that they are pretty capable fellows themselves. Mr. KoNOP. You stated that the landlords — ^that is, I understand that these Indians are tenants on white men's property ? Mr. Meritt. A large majority of them are. Mr. KoNOP. Do they require the work of these children on these farms, together with the parents ? Mr. Meeitt. So the lodians stated to me. Mr. KoNOP. If you are going to take them away from the farm and take them over to this boarding school, they will be away from the landlord ? Mr. Meritt. If the Indian is not there he will not be able to 'work. Mr. Carter. These Indians do work? IKDIAN APPROPRIATION BILL, I9T7. 125 Mr. Meritt. Yes, sir. Mr. Carter. I think you are starting a pretty bad practice. Here IS one bunch of Indians that we have found who will work. Mr. KoNOP. Here is another question I want to ask you. If you provide a boarding school with $50,000, you know what a small insti- tution that will be. That would not be much of a school. Mr. Meritt. Between 7,000 and 8,000 Indians live in North Caro- lina, but we have one boarding school now, and there are also a num- ber of day schools Avhere these Indian children attend. Mr. KoNOP. Would it not be better to provide for day schools and thereby provide for more of these children instead of educating simply two or three hundred? Don't you think that that would be a better proposition? Mr. Meritt. It would probably be a better proposition. Mr. KoNOP. You would educate more of them for less money ? Mr. Meritt. Yes; I think it would be a more economical plan. Mr. KoNOp. Eight thousand Indians — probably half of these In- dians are children, are they not? Mr. Meritt. Yes, sir. Mr. KoNOP. That would mean 4,000 children, and if you provide one school for $50,000, you would probably be able to educate about a hundred, while, if you provide small day schools like the schools of the State for the whites and the negroes, you would be able to educate a much larger number of Indians? Mr. Carter. There are only 800 not provided with schools now; 800 children according to the statement here. Mr. KoNOP. I would be in favor of spending $50,000 in building, say, 10 small schools of a couple of thousand dollars each, where these Indians now live, and provide them with teachers just like the country schools are provided with teachers, and I think that you would educate more of these Indians with this money than you could educate in a boarding school like you propose with a whole lot inoney. Mr. Meritt. I think that would be a good amendment to this bill. Mr. Carter. I notice that you have a clause in this paragraph pro- viding for the operation of this school even before you get the ap- propriation to begin the building of it. Mr. Meritt. Of course, we realize that it will take practically the entire year to build the plant. Mr. Carter. You could not build the school — after June 30 of this year, you could not build a school and organize it and start it off for that term during that same year, because your school term would be out within the 12 months? Mr. Meritt. You realize that this item is not the item of the In- dian office, but is the amendment offered by the Senator from North Carolina. Mr. Carter. Have you ever seen a provision like this in any item which authorizes the building of a school ? Mr. Meritt. No, sir ; it is not usual. Mr. Carter. You have a provision in here of $10,000 to operate the school before the construction of the school is even begun, and even before the appropriation is made. Mr. Meritt. I like the suggestion of Mr. Konop of providing the day schools. 126 IKDIAN APPKOPfilATlON BILL^ 1917. Mr. Carter. Has the department made any report on this measure to either House of Congress ? Mr. Meeitt. I think the department has submitted a report. Mr. Carter. Was that report favorable or unfavorable? Mr. Meritt. It was more inclined to be unfavorable than favor- able, if I remember correctly. Mr. KoNOP. I would like to ask you a question about this. These Indians, they are grouped in certain localties in North Carolina, are they not, in certain townships ? Mr. Meeitt. They are scattered among the population of three or four counties. Mr. Korop. But they are as a rule grouped, are they not, so that if you put a little school where most of these Indians are grouped, you could provide for their education? Mr. Meeitt. Yes, sir; I think that that could be provided for in that way. Mr. KoNOP. Has the plan that I suggested in this particular ever been tried by the department in other sections of the country ? Mr. Meeitt. Yes, sir; we have constiiicted day schools on a large number of reservations. Mr. KoNOP. And with what success? Mr. Meeitt. With good success. Mr. Norton. Mr. Meritt, may I inquire, are you acquainted with the way the Indians are to be found in North Carolina ? Mr. Meeitt. I have not made a personal investigation, but I have talked with the Indians from that State, and have also read the reports of our special agents who have visited the State. Mr. NoETON. These Indians are living among the negroes there, and among the whites, intermingled with the negroes and the whites, are they not ? Mr. Meeitt. Yes, sir. Mr.. Norton. They are attending, some of them, attending the schools for the colored people, and some of them attending the white schools? Mr. Meeiti'. No, sir; thej are not permitted to attend the white schools; and the Indians will not attend the negro schools; and the State has provided certain Indian schools for these Indians. Mr. Norton. The State has provided it ? Mr. Meeitt. Yes, sir ; and those schools are entirely inadequate. Mr. NoETON. Some of these Indians are mixed with negro blood; are they not? Mr. Meeitt. A few of them are. Mr. NoETON. And how long have they been without any aid from the Government, so far as schools are concerned ? Mr. Meeitt. We have one boarding school among the North Caro- lina Indians. Mr. NoETON. When was that established? Mr. Meeitt. That has been established for a number of years. Mr. NoETON. About how long? Mr. Meeitt. I will put that in the record. I have not the facts here ; I would like to look it up. Mr. Noeton. Do you know approximately ? Mr. Meritt. This school was originally under the control of the Society of Friends. It was organized by them in 1883, with a capac- INDIAN APPEOPKIATION BILL, 1917. 127 ity for 20 pupils, girls; in 1881 was doubled, with a capacity of 20 for each sex, which capacity was afterwards increased to 40 boys and 40 girls. The school passed under the control of the Government in January, 1893. Mr. Norton. With the experience that you have had in the de- partment, do you think it is good policy for the Government at this time to take upon itself the burden of providing school facilities for these Indians who for years have been maintaining themselves, and who have for years been paying taxes and taking the part of an ordi- nary citizen in North Carolina ? Mr. Meritt. If these Indians had schools of their own which were provided by the State, I would say no; but under existing condi- tions the Indian children of North Carolina are growing up in ignorance, and I think they are not being properly taken care of, and the duty falls upon the Federal Government to see that they do at least get a fair education. Mr. Norton. Then do you thing it is any more, or should be any more, the business of the Federal Government to provide schools for those Indians down in North Carolina than if it found a number of whites down in Alabama who were not receiving proper education to provide school facilities for them? Mr. Meritt. The very fact that they are Indians places a larger re- sponsibility upon the Federal Government to provide schools for them than if they were whites, because it is recognized that the In- dians are wards of the Government. I believe that these Indians of North Carolina are just as much entitled to educational facilities from the Federal Government as the Indians of Arizona or any of the northwestern States. Mr. Norton. The policv of the department, as you announce it, is that the Government will follow the Indian as his guardian wher- ever he may be found in poor circumstances, and wherever he may be found not properly providing for himself, his physical needs or his mental needs? Mr. Meritt. I think the proper policy for the Government to pur- sue would be to encourage Indians everywhere to enter the public schools and to become self-supporting and independent citizens; but as long as they are not in that condition and they are Avithout school facilities, as these Indians of North Carolina are, that it is a proper function for the Government to provide them with school facilities. Mr. Hayden. Would it not be much cheaper for the Government to pay the tuition in the public schools of North Carolina than to pay out this $50,000? Mr. Meritt. It would be, but the Indians are not permitted to attend the white schools of North Carolina. As I have stated before in the record, the State has attempted to provide separate schools for these North Carolinian Indians. Mr. Hayden. There is not any doubt but what the State of North Carolina would take the money from the Government and continue some more schools, is there? Mr. Meritt. It has been suggested that instead of providing for this boarding school we erect day schools and send them to the day ■ schools, and I think that that would be an improvement over the 128 INDIAN APPBOPETATION BILL^ 1917. present item in the bill. This item was not drafted by the^ depart- ment, but was introduced by one of the Senators from North Carolina. Mr. Norton. If it is announced to the country by the Indian De- partment that Indians, wherever found, if they are not provided with school facilities by the State or by the local community, that the Government will step' in and at its expense provide the very best school facilities that can be provided, do you think that that policy is going to tend to place these Indian children in the future in the public sdiools and have them taken care of by the local communities and by the States'? Mr. Meeitt. Of course, I realize that the local communities are going to ask the Government for tuition in public schools for Indian children. Mr. Norton. It seems to me, Mr. Meritt, the policy announced in the case of these Indians that ha^-e been getting along for years and years is one that is going to make larger the work of the Indian Bu- reau, is going to tend to keep these Indians perpetually wards of the Government; that is, not only the Indians of North Carolina but the Indians wherever they are found. If the polic;y- that you announce in this case is the policy of the department, and if it is carried toits logical conclusion, it means that in a few years we will be providing school facilities for the Indians of Ncav York, we will be providing school facilities for the Indians in Maine, if we can find a few left up there, or wherever they are found. Mr. Meritt. We are now educating the New York Indians at the Carlisle School, and have been doing it for years. Mr. Norton. Are we educating or providing school facilities for the New York Indians in the Mohawk Valley and in northern New York, wherever thej^ are to be found now ? Mr. Meritt. New York is providing school facilities for those Indians. Mr. Norton. Don't you think it would be a rather ridiculous prop- osition for the State of New York to be providing school facilities for them now if the Government Avould provide them 'i Mr. Meritt. In the event the State of New York refused to provide adequate school facilities for those Indians, and they were without funds, I think it would be the duty of the Federal Government to see that those Indian children Avere educated, rather than grow up in ignorance. Mr. Norton. When the Senators and Representatives from the State of New York learn that we are providing school facilities in North Carolina, would they not ask the same thing for the Indians in New York, and properly so ? Mr. Meritt. I fail to distinguish between the Indians of North Carolina and the Indians of North Dakota. I think it is just as much the duty of the Government to educate the Indian children in North Carolina who are not I'eceiving an education as it is for us to educate the Indian children in North Dakota or Arizona or Wisconsin or any other State. Mr. Norton. You do not distinguish any difference between the' Indians who have been given the opportunity to mingle with white people for a hundred years and Indians who have only been in the state of semicivilization for 25 or 30 years, who have hardly had time to forget the days M'hen they were in war paint and on the warpath ? INDIAN APPROPRIATION BILL, 1917. 129 Mr. Meritt. I realize that the Indians on some reservations of the Western States are not as highly civilized as the Indians of North Carolina. On the other hand, there are Indians in the Southwest that are now being educated by the Federal Government who have been self-supporting for centuries, and who really introduced in this coun- try the art of irrigation, and yet the Government is at this time pro- viding school facilities for those Indians. Mr. Norton. What I wanted to have clear in my mind— -is the policy of the Federal Government, as announced by the Indian De- partment, to continue that ? Mr. Meritt. I would not like to assume the responsibility of an- nouncing a policy for the Government. I am simply expressing my own views. Mr. Norton. I do not know where I would go to secure this policy of the Government if I did not secure it from either yourself or Mr. Sells ; but, if that is the policy, we v>-ill have to consider it that way. I want to say that I think that that is a policy that is entirely wrong — that should be done away with at once. And when you refer to the Indians in North Dakota, I believe it is on account of that policy being carried out that a large number of those Indians to-day on a few of those reser\'ations are being taken care of by the Gov- ernment when they would otherwise be taking care of themselves, or would be taken care of by the States. Mr. Meritt. We are trying to force the Indian children every- where into the public schools; and, where the local school authori- ties will not accept those Indian children without compensation, we are asking for appropriations to pay for the tuition of those children in the public schools. Mr. Norton. Gentlemen, you realize that wherever the Govern- ment steps in and is ready — seems to be more than ready — to provide school facilities, the State and the local community will give up its responsibility very readily in the matter. Mr. Meritt. I realize that that would be the natural tendency. Mr. KoNOP. I want to ask just a question about this: Under the Constitution of the United States, can a State deny a citizen educa- tion on account of his race, color, or previous condition of servitude ? Mr. Tillman. It is a big question. Mr. Meritt. I am not a recognized authority on constitutional questions. Mr. Carter. Page 64, line 2, amendment 94, insert the words " to be immediately available." What have you got to say about that? Mr. Meritt. This item appears on page 513 of the Senate hear- ings. It is an important amendment, Mr. Chairman. The water supply in that school has been very materially decreased. The wells are drying up, and it is necessary that we do something immediately in order to supply an adequate amount of water for that school. Mr. Carter. What do you know about that, Mr. Norton ? Mr. Norton. I don't know anything about it. Mr. Meritt. That item is discussed on pages 162 and 513 of the Senate hearings, and the Senator from that State confirmed my statements before the Senate committee. Mr Carter. Line 5, amendment 95, strike out the paragraph tor support and education of 200 Indian pupils at the Indian school, 36345— PT 5—16 9 130 INDIAN APPEOPEIATION BILL, 1911. Wahpeton, N. Dak., and pay of superintendent, $35,200 ; for general repairs and improvements, $5,000; in all, 40,200," and insert in lieu thereof the following : For the support and education of two hundred and twenty Indian pupils at the Indian school, Wahpeton, North Dakota, and pay of superintendent, $38,540 ; for general repairs and Improvements, $8,000 ; for new school building, $20,000 ; in all, $66,540. Mr. Meeitt. That is exactly in accordance with our estimates as found on page 285 of the House hearings. This item is also discussed on page 163, Senate hearings. We would like very much to have a new building at this place. Mr. Norton. That is a nonreservation school? Mr. Meeitt. Yes, sir. Mr. NoETON. And the matter was taken up by the subcommittee, and the question was asked as to where the pupils who attended this school came from. It was desired by the subcommittee to know the number of pupils that came from different sections of the country in attendance at the school, and the department at that time promised that information, but did not give the information. Mr. Meeitt. The children come largely from North Dakota and a few from South Dakota. Mr. NoETON. On page 287 of the hearings before the House sub- committee the statement is made by Mr. Meritt to this effect : The report of attendance for the Wahpeton School for the fourth quarter, 1915, shows children enrolled from the following places : Sisseton, Fort Berth- old, Turtle Mountain, Standing Roclc, and Walhalla fieservations, N. Dak. ; Yankton Reservation, S. Dak. ; Leach Lake, White Earth, Red Lake, and Cass Lake Reservations, Minn. ; Fort Peck, Scoby, and Mackinaw Reservations, Mont. Will you put in the hearings the number of pupils from each of those different places ? Mr. Meeitt. The enrollment of Indian children in the Wahpeton School, North Dakota, is distributed by Indian reservations as fol- lows: Sisseton, 29; Leech Lake, 42; Turtle Mountain, 27; Fort Berthold, 19; White Earth, 35; Red Lake, 27; Standing Eock, 2; Red Cliffe, 2 ; Yankton, 2 ; Cass Lake, 2 ; Pine Ridge, 2 ; Oneida, 1 ; nonreservation, 3. Total, 193. Mr. Carter. Line 14, amendment No. 96 : The Secretary of the Interior is hereby authorized to withdraw from the Treasury of the United States, from time to time, in his 'discretion, all moneys derived from the sale and disposition of surplus lands, within the limits of the former Fort Berthold Indian Reservation, North Dakota, arising under the provisions of the act approved June first, nineteen hundred and ten (Thirty- sixth Statutes at Large, page four hundred and fifty-five), together with the accrued interest thereon, and distribute the same per capita to the Indians entitled thereto in the following manner, to wit : To competent Indians in cash share and share alike and to incompetent Indians by depositing equal shares to their individual credit in banks bonded and designated as depositories for individual Indian moneys, subject to expenditure for the benefit of the Indians entitled under such rules as the Secretary of the Interior may prescribe, and hereafter annual distribution shall similarly be made of funds accruing under the provisions of the act herein referred to. Mr. Hatden. Does the department approve of this legislation ? Mr. Meeitt. Yes, sir. Mr. Hatden. What do you say about that, Mr. Norton ? Is it sat- isfactory to you ? INDIAN APPROPRIATION BILL, igiT. 131 Mr. Norton. Yes ; that is practically the same as the bill I intro- duced on that subject. Mr. Meritt. This item was discussed on page 165 of the Senate hearings. There are about 1,200 of these, and $700,000 or $800,000 in the Treasury to their credit. Mr. Hatden. How much per capita, then? Mr. Meritt. It would be about $600 or $700, possibly, per capita. Mr. Hatden. That ought to be very helpful. Mr. MERrrr. There are about 200 Indians who are competent. Mr. Norton. What would you think of an amendment providing that aU moneys that might be paid in hereafter to the credit of these Indians on the sale of these lands would be distributed under the same terms as this provision? Mr. Carter. The provision reads : And hereafter annual distribution sliall similarly be made of funds accruing under the provisions of the act herein referred to. Mr. Norton. " Or acts amendatory thereto." Mr. Meritt. That would be satisfactory to us. Mr. Norton. That then would be identically the same as the bill H. R. 11720, which I introduced on the subject. Mr. Carter. Line 8, page 65, No. 97 : To enable the Secretary of the Interior to redeem a mortgage on the allot- ' ment selection of Starr McGillis, a Turtle Mountain Chippewa Indian, described as the northwest quarter of section thirty-four, township one hundred and sixty-four north, range seventy west of the fifth principal meridian, North Dakota, $1,500, or so much thereof as may be necessary, the said sum to be reimbursed from the rentals of said allotment not to exceed fifty per centum of the amount of rentals received annually: Provided, That in the event a patent in fee shall be issued for this land before the United States shall be wholly re- imbursed as herein provided, the amount remaining unpaid shall become a first lien on such allotment, and the fact of such lien shall be recited on the face of the patent in fee and the amount of the lien set forth thereon, and the receipt of the Secretary of the Interior, or of the officer, agent, or employee duly author- ized by him for that purpose, for the payment of the amount of the mortgage, when duly recorded by the recorder of deeds in the county wlierein the land is located, shall operate as a satisfaction of such lien. Mr. Hatden. This language occurred in the bill as reported to the House when tabled on a point of order in the House and introduced in the Senate. We are fairly familiar with it. Mr. Meritt. Mr. Chairman, that item is discussed on page 288 of the House hearings, and on page 225 of the Senate hearings. Mr. Carter. Line 4, page 66, No. 98 : To enable the Secretary of the Interior to reimburse Benson County, North Dakota, for moneys actually paid to the State of North Dakota for care and maintenance of insane Indians at the State Insane sylum, as follows: Joseph Langer, $457.44; Mary J. Pejihutaskana, $410; Alfred Littlewind, $630; in all, $1,497.44. Mr. Hatden. Is that a department estimate? Mr. Meritt. No, sir; that is an item inserted in the Senate com- mittee by Senator Gronna, of North Dakota, page 504 of the Senate hearings. Mr. Hatden. Have you any knowledge regarding it? Mr. Meritt. We have no objections to the item. Mr. Carter. What we want is information. Mr. Meritt. These Indians were cared for by the authorities of this county in the State of North Dakota. 132 INDIAN APPBOPKIATION BILL, lai,";. Mr. Hayden. Well, the United States maintains an asylum for in- sane Indians in South Dakota. Why were not these Indians sent there ? Mr. Meritt. The asylum in South Dakota has been filled to its capacity. We have recently enlarged the capacity of that institu- tion, and it is probable that we did not have room for these Indians. Mr. Hayden. Are you sure of that? Mr. Meeitt. I feel certain that they were not in a position to take care of these Indians at the time this work was done. Mr. Hayden. You have made no personal investigation of the matter, and there is nothing on file in the bureau in regard to this statement ? Mr. Meeitt. No ; but there were statements submitted to the Senate committee by Senator Gronna, who made the investigation of this matter. Mr. Hayden. It is a rule of the committee that claims are not ordinarily placed on an appropriation bill. Has the Senator intro- duced a separate bill and referred it to you for report? Mr. Meeitt. No, sir. Mr. Caetee. Line 10, page 66, No. 99 : For the erection of a headstone to mark the grave of Scarlet Grow, a Sioux Inriian chief of the Wahpeton Tribe, who was buried March thirteenth, eighteen hundred and sixty-seven, in the Congressional Cemetery, Washington, District of Columbia, in a grave marked " 76-R. A. 22," $100. Mr. Meeitt. That is discussed on page 168 of the Senate hearings, and the item was suggested by Senator Gronna, of North Dakota. Mr. Caetee. Line 16, No. 100 : That all claims of whatsoever nature which the Sisseton and Wahpeton Bands of Sioux Indians may have or claim to have against the United States shall be submitted to the Court of Claims, with the right of appeal to the Supreme Court of the United States by either party, for the amount due or claimed to be due said bands from the United States under any treaties or laws of Congress ; and jurisdiction is hereby conferred upon the Court of Claims to hear and determine all claims of said bands against the United States and also any legal or equitable defense, set-ofC, or counterclaim which the United States may have against said Sisseton and Wahpeton Bands of Sioux Indians, and to enter judgment, and in determining the amount to be entered herein the court shall deduct from any sums found due said Sisseton and Wahpeton Bands of Sioux Indians any and all gratuities paid said bands or individual members thereof subsequent to March third, eighteen hundred and sixty-three : Provided, That in determining the amount to be entered herein, the value of the land in- volved shall not exceed the value of such land on March third, eighteen hun- dred and sixty-three. If any such question is submitted to said court it shall settle the rights, both legal and equitable, of said bands of Indians and the United States, notwithstanding lapse of time or statute of limitations. Such action in the Court of Claims shall be presented by a single petition, to be filed within one year after the passage of this act, making the United States a party defendant which shall set forth all the facts on which the said bands of In- dians base their claims for recovery ; and the said petition may be verified by the agent or authorized attorney or attorneys of said bands, to be selected by said bands and employed under contract approved by the Commissioner of Indian Affairs and the Secretary of the Interior, in accordance with the pro- visions of existing law, upon information or belief as to the existence of such facts, and no other statements or verifications shall be necessary. Official letters, papers, reports, and public records, or certified copies thereof, may be used as evidence. Whatever moneys may be found due the Sisseton and Wah- peton Bands of Indians under the provisions of this act, less attorney's fees, shall be placed to their credit in the Treasury of the United States : Provided, That the compensation to be paid the attorney or attorneys for the claimant INDIAN APPBOPRIATION BILL, 191'7. lS3 Indians shall be determined by the Secretary of the Interior, but In any event shall not be gi-eater than the amount named in the approved contract : Ptovided further, That such compensation shall in no event exceed $15,000. Mr. Hayden. If I remember right this item is covered by a bill reported by the Committee on Claims, and was passed last night by the House. Is that the same bill ? Mr. Ganoy. I think so. Mr. Hayden. If that is the case the Senate can act on the House biU. The bill is H. E. 6022, which passed the House of Representatives April 4, 1915, as shown by the Congressional Eecord on pages 6244 and 6245, so that it will be unnecessary to include this item in the bill. Mr. Carter. Oklahoma, line 15, page 68, No. 101. This merely corrects the section number. Line 21, page 70, No. 102, add : For continuing the relief and settlement of the Apaclie Indians formerly con- fined as prisoners of war at Fort Sill Jlilitary Reservation, Oklahoma, on lands in Oklahoma to be selected for them by the Secretary of the Interior and the Secretary of War, .f40,000 ; to be expended under such rules and regulations as the Secretar-y of the Interior and the Secretary of War may prescribe, and to be immediately available. Mr.MEEiTT. That item is in accordance with the desires of the department, and is justified on page 301 of the House hearings and discussed on page 230 of the Senate hearings. Mr. Carter. What is the necessity for this additional appropria- tion ? There is an appropriation of several hundred thousand dollars already for those people, and we shipped them over on to Hernandez. Mr. Hernandez. I thought we had all the Apaches. Mr. Carter. They were the prisoners of war at Fort Sill. They went to Oklahoma after their captivity, and several years ago we placed in the appropriation bill an item of $250,000 to buy homes for part of them, and to send the others back to the Mescalero Reser- vation in New Mexico. Mr. Hernandez. I thought we got them all. Mr. Carter. What is the necessity of this additional $40,000? Mr. Meritt. These Fort Sill Apache Indians were left on the Fort Sill Military Reservation. The War Department took over that reservation, and it was necessary that we find another home for these Indians. , tit i About one-third of those Indians elected to go to the Mescalero Reservation and share the tribal property of those Indians, and the Mescalero Indians agreed that that should be done. The other In- dians of that band elected to remain in the State of Oklahoma, on condition that we would purchase land for them. We have pur- chased land for practically all of them, with the exception of 13, it I remember correctly. • i.i, 9 Mr Carter. Are those children that have been born since then 5 Mr. Meritt. No, sir ; they are children of the original prisoners. We have purchased land for their parents in accordance with the agreement of those Indians, but we haven't sufficient money now to purchase land for the children. Mr. Carter. When was this agreement made with them' Mr. Meritt. About three years ago. Mr. Carter. Were these 13 children living at that time i 134 INDIAN APPEOPEIATION BILL, 191'?. Mr. Meeitt. Yes, sir ; and we would have purchased land for them before this if the appropriation had been adequate. Mr. Caetee. And it will take $40,000? Mr. Meritt. About that amount. Mr. Hernandez. How many of them elected to stay in Okla- homa ? Mr. Meeitt. Eighty-two. Mr. Caetee. What did the allotments cost? Mr. Meeitt. For the 82? Mr. Caetee. Yes. Mr. Meeitt. "We have expended about $150,000. Mr. Caetee. Didn't you have $250,000? Mr. Meeitt. Part of that money was used, I think, in paying the transportation of those Indians to Mescalero. Mr. Caetee. This agreement that you spoke of, who was this agreement made between? Mr. Meeitt. It was made with the Indians, with the representa- tives of the Interior Department and the War Department. Mr. Caetee. Was it authorized by Congress to be made? Mr. Meeitt. I think it was done with the full understanding of Congress. Mr. Caetee. Well, was it approved by Congress ? Mr. Meritt. Congress has made appropriations. Mr. Caetee. I understand, but that didn't approve that agree- ment. Mr. Meeitt. No. Mr. Caetee. So that the United States is not a party to that agree- ment. Mr. Meeitt. Except that the Government would not be acting in good faith if we did not furnish land for these people who have not received allotments. Mr. Caetee. Why not? I have a great deal of sympathy for them, but here is a band of Indians who are children of war prisoners. They had no lands and the Government has taken them and given them lands there in New Mexico or in Oklahoma, all of them except 13 children. Now, doesn't it seem that the Government has acted in pretty good faith with them to have done that? Mr. Meeitt. It is claimed that those Indians had a certain title to that military reserve, a certain possessory right there. Mr. Caetee. How much in the military reserve? Mr. Meeitt. I don't laiow the number of acres. Mr. Caetee. But they do not really have any title or any pos- sessory right to it. Mr. Meritt. They have been occupying the land for a number of years. Mr. Caetee. So has the military force of the Government been occupying the same land. Mr. Meeitt. There are certain laws on our statute books that they refer to as showing that they have certain rights. Mr. Caetee. The only thing that was done with them was that they were taken and removed there as prisoners of war? Mr. Meeitt. Yes, sir. Mr. Carter. And there was no treaty, no patent, no Executive order giving them any possessory right to these lands, was there? INDIAN APPEOPEIATION BILL, 1917. 135 Mr. Mekitt. I think there was legislation by Congress that would imply that they had rights. Mr. Carter. Let us have a reference to that legislation, if you have it. That will put a different aspect on it. My understanding of this entire matter is that the Government had a lot of war prisoners down at Fort Sill, kept them virtually as prisoners. As a matter of fact they were left to go about on the reservation as they pleased and then after they had lived there for a number of years, they agreed to give them homes either in New Mexico, or provide homes in New Mexico and Oklahoma for them without any consideration on the part of the Indians at all. Now, if I am wrong about that I want to be corrected. Mr. Meritt. I will refer to the authorities that the Indians refer to in this matter. But my idea is that inasmuch as Congress has practically wound up this matter, with the exception of providing land for these few Indians, we would like very much to have this appropriation. I believe this committee reported this item favorably but it wejit out on — I wish to submit the following memorandum rela- tive to this matter : Executive order of February 26, 1897, withdrew certain lands for an addition to the Fort Sill Military Reservation, in accordance with an agreement dated February 17, 1897, with the Kiowa, Comanche, and Apache Indians, The agree- ment provided that when the lands were no longer needed for settlement of. the Apache prisoners of war they should revert to the Kiowas, Comanches, and Apaches, unless meantime they were purchased outright by the United States. However, a later agreement, ratified by the act of June 6, 1900 (31 Stat. L., 676), superseded the agreement of February 17, 1897, and the Kiowa, Comanche, etc., Indians thereby relinquished all their claim and title whatsoever to their reservations, in consideration for which they have received from the Government $2,000,000, each member of the tribe allotted 160 acres, and 480,000 acres were set apart as a common grazing reserve. This grazing reserve was later disposed of under the act of June 5, 1906 (34 Stat. L., 213). The following acts appropriated the following amounts for relief of the Fort Sill Indians while on the Fort Sill Reservation : Aug. 6, 1894 (28 Stat. L., 238) $15,000 Feb. 12, 1895 (28 Stat. L., 658) 10,000 Mar. 16, 1896 (29 Stat. L., 64) 7,500 June 28, 1902 (32 Stat. L., 467) 4, 000 Feb. 18, 1904 (33 Stat. I.., 26) 4,000 30, 000 Letter from War Department to this department, October 12, 1912, shows that a board consisting of Col. Hugh Scott, Supt. Stecker, and Maj. G. W. Goode, United States Army, recommended among other things that " suitable allot- ments be purchased on the former Kiowa and Comanche Reservation of suit- able lands, containing house, barn, well, partly cultivated and fenced, for each head of a family at $3,000 each, and unimproved lands for the other members of the family at $2,00Q each. Each allotment to consist of 160 acres, and the suit- ability to be determined jointly by the superintendent Kiowa Agency and the officer in charge of Apache prisoners and a third party, if necessary." The record shows that this was the understanding also of the Fort Sill Indians and that it was satisfactory to them. Mr. Carter (interposing). No; I think the committee did not report it. It was taken out in the committee. Mr. KoNOP. Now, why is it that land was not purchased for these 13? Mr. Meritt'. Because we didn't have enough money to buy land for them. Mr. KoNOP. How many did you buy land for did you say ? 136 INDIAN APPEOPBIATION BILL, 191'7. Mr. Meritt. About 69 Indians, I think. There were 82 who elected to remain in Oklahoma. Mr. Carter. And you also purchased some stock for those who went to New Mexico, didn't you ? Mr. Meritt. We purchased a tribal herd for the Mescalero Indians. Mr. Carter. And some stock for those who remained in Oklahoma ? Mr. Meritt. I think we may have purchased some equipment for them. Mr. Carter. Page 71, amendment 103, a mere correction of the section number. Line 22, amendment No. 104, strike out "$175,000" and insert " $185,000, of which $10,000 shall be immediately available." What have you to say about that? Mr. Meritt. That was discussed on page 197 of the Senate hear- ings. Mr. Parker, the superintendent of the Five Civilized Tribes, says that he will need an additional appropriation in order to keep the work of his office up to date; that he will be very much handi- capped if he doesn't get this appropriation to make $10,000 immedi- ately available. Mr. KoNOP. So that $10,000 is a deficiency appropriation for the balance of the present year ? Mr. Meritt. Yes, sir. Mr. Carter. What have you to say about it? Mr. Meritt. I think the appropriation should be carried in the Indian bill. Mr. Carter. Do you think it is absolutely necessary to have that money to carry on the work this year ? Mr. Meritt. In order to keep the work up to date I think it is necessary that this appropriation be provided for. Mr. Carter. Has anybody else any questions on that amendment? On page 72, line 18, amendment No. 105, add : Except where contracts have been heretofore approved by the Secretary of the Interior, in accordance witli existing law, wliich contracts the Secretary Is authorized to settle and discliarge : Provided further, That the payments under such contracts shall not exceed $1,950 : Provided further, That the Secretary of the Interior is hereby authorized to use not to exceed $8,000 out of the Chickasaw and Choctaw Tribal funds for tlie expenses and the compensation of all necessary employees for the distribution of tlie said per capita payments. Mr. Hatden. How about those contracts? Ml'. Meritt. This item was placed in the bill at the request of Senator Clapp, of Minnesota. It is discussed at the beginning, on page 440 of the Senate hearings. It seems that ex-Senator Blair has a certain contract for legal work performed, and in view of a provision now on the statute books he can not be compensated for that legal work. Mr. Carter. What service did Senator Blair render ? Mr. Meritt. It was in connection with the enrollment of ceitain Indians of the Five Civilized Tribes. Mr. Carter. Do you know who they were? Mr. Meritt. John Calvin Gray is one of them, and William T. Lancaster, Charles M. Fleckheimer, and Eugene Hamilton. A ref- erence to the services performed is found on page 441 of the Senate hearings. INDIAN APPBOPRIATION BILL, 1911. 137 Mr. Carter. That is a statement of the attorneys themseh'es, is it not? Mr. Meritt. Yes, sir. Mr. Carter. Does the department Imow anything about any services performed by them ? Mr. Meritt. We liave general information in regard to this, and we have no objection to the item. Mr. Carter. Wliat tribe were they enrolled with, Mr. Meritt? Mr. Meritt. I think they were enrolled among the Choctaws and Chickasaws. Mr. Carter. When were they enrolled? Mr. Meritt. The date is not given here. I can have that included in the record. Mr. Carter. Does the department know anything about the serv- ices that these attorneys claim to have rendered ? Mr. Meritt. No, sir; we have general information that they ren- dered services in the matter of the enrollment of these Indians. Mr. Carter. What services did they render? Did they appear before the department, or what tribunal? Mr. Meritt. They appeared before the department and filed papers in the case. Mr. Carter. When was this, Mr. Meritt, that they appeared before ihe department? Mr. Meritt. I will include that in the record. Mr. Carter. Was it before or since March 4, 1907 ? Mr. Meritt. I will have to look that up. The act o'f April 30, 1908, contains this provision : That contracts heretofore or hereafter made by and between persons stricken by the Secretary of the Interior from the final rolls of the Five Civilized Tribes, and attornevs employed by them to secure their restoration to the rolls, shall be valid and enforceable when approved by the Secretary of the Interior in their original or such modified form as he may deem equitable and not other- wise; and such contracts as are approved as herein provided, when recorded in the county where such land is located, shall be a lien in the event of the resto- ration of such persons to the rolls against allotted lands or tribal funds of the persons so restored to or given rights upon said rolls. Mr. Carter. Do you know whether these attorneys have ever been paid anything or not? Mr. Meritt. It is my impression that they have been paid. Mr. Carter. I notice a statement of the attorney here, which I will read: We were the attorneys for certain perscms who were unlawfully stricken from the rolls by the Secretary of the Interior, and by proceedings m court we pro- cured their enrollment, and they are now enjoying full rights as members of the Choctaw and Chickasaw Tribes. I presume that these persons were stricken from the rolls by Secre- tary Hitchcock, and ordered to be restored under the Goldsby de- cision ? Mr. Meritt. I suppose that is the case. Mr. Carter. The department has never presented this claim to the House Committee on Indian Affairs? Mr. Meritt. We do not look after the claims of attorneys. Mr. Carter. Have the attorneys presented them to you during the present Congress? 138 INDIAN APPROPEIATION BILL, 191'7. Mr. Meeitt. They have presented them to the Senate Committee heretofore, but we never ask for appropriations for attorneys. We expect them to look after their own affairs. Mr. Caetee. Well, if you find that an attorney is entitled to a just fee, and should have a bill introduced for the purpose, and it is referred to your bureau, wouldn't you feel called upon to make a favorable report on it? Mr. Meeitt. Yes. Mr. Caetee. Has that ever been done? Mr. Meeitt. I do not recall that we have ever made a report on this particular item. Mr. Caetee. Do you know whether any bill has ever been intro- duced in Congress for these attorney fees or not ? Mr. Meeitt. No, sir. Mr. Caetee. If it has, you don't know of it ever having been re- ferred to your bureau for report? Mr. Meeitt. No, sir; I do not. Mr. NoETON. Mr. Meritt, according to this letter that is dated February 26, 1916, and which appears on page Ml of the Senate hearings, on the Indian appropriation bill, held before the Senate Committee on Indian Affairs, it seems that former Senator Henry W. Blair, of New Hampshire, entered into a contract with John Calvin Gray whereby he was to secure $750 for having John Calvin Gray's name placed on the enrollment of the Chickasaw or Choctaw Indians in Oklahoma. Now, under this amendment if there is to be paid to Mr. Gray $300, all of that would apply on this contract, wouldn't it ? A per capita payment on this $750 due. There was to be paid $300 to each Choctaw and $200 to each Chickasaw. I do not know whether Gray was a Chickasaw or a Choctaw, but in either case would the per capita that was to go to Gray, would it, under this amendment, go to Mr. Blair? Mr. Meeitt. We would not pay this money over to attorneys. They would have to look to the Indians for their money. Mr. NoETON. They would have to look to the Indians? Mr. Meeitt. Yes, sir. Mr. NoETON. Why, you would have to pay it over, under the amendment which Mr. Blair wants in this bill. Mr. Caetee. Could you pay the money to the Indians at all? Mr. NoETON. No; the amendment reads as follows: Except where contracts have been heretofore approved by the Secretary of the interior, in accordance with existing law, which contracts the Secretary is authorized to settle and discharge. Mr. Meeitt. Under that language we would be required to pay out any moneys in the hands of the department to these attorneys that was to the credit of these Indians. Mr. NoETON. Under that amendment, wouldn't the Secretary of the Interior be authorized to be directed to pay this entire $750 to former Senator Blair, and the $400 to Kappler & Merillat, and a,nother $400 to another set of attorneys ? Mr. Meeitt. The Secretary would be authorized to discharge any indebtedness of these Indians. Mr. NoETON. May I inquire as to this: For example, in the case of Mr. Gray, his per capita would be $300 which would be authorized INDIAN APPROPRIATION BILL, 1917. 139 to be paid to him. Would all of that amount be paid to his at- torneys, or would the department pay out of this Chickasaw and Choctaw fund the $750 and charge it up to Mr. Gray's account? Mr. Meritt. We would not take it out of the Choctaw and Chicka- saw tribal funds. Mr. Norton. You would not have authority ? Mr. Meritt. No, sir. Mr. Norton. If there is $760 due, you would not have a sufficient amount to be paid to Mr. Gray to satisfy this attorney's fees of $750 ? Mr. Meritt. Unless there was an amount deposited to the credit of this Indian under the jurisdiction of the Five Civilized Tribes. Mr. KoNOP. Were theses cases really tried in court, or was there just one case tried and then on the decision of the court the others were restored to the rolls? Mr. Meritt. There were hundreds of those enrollment cases, and it is almost impossible for a man to carry in his mind the details. I don't remember the details. Mr. Carter. Isn't this a fact, that after the rolls were closed Secre- tary Hitchcock attempted to strike certain names from the rolls, and did run a pen through them, and declared that they were not en- titled to share under ihe Five Civilized Tribes, and that one case was taken up, the Goldsby case, and two or three others, but the Goldsby case being a leading case, tried by the court of the District of Columbia, and going up to the Supreme Court of the United States. Those names were ordered by the Supreme Court of the United States to be restored to the rolls, and then after that was done, didn't the Secretary of the Interior, without a trial in the other cases, re- store other names who were similarly situated ? Mr. Meritt. Yes, sir. That case is known as the Secretary of the Interior v. Goldsby (211 U. S., 249). Mr. Carter. And that is the only case that was tried, wasn't it ? Mr. Meritt. That was considered the leading case on the subject. Mr. Carter. But you don't know whether these attorneys did anything in these cases that we spoke of at all. Mr. Meritt. I think they appeared before the department and probably filed papers. Mr. Carter. Then after the case was tried in the Supreme Court, and the names of Goldsby and others ordered restored to the rolls, then these attorneys appeared before the department in a pro forma proceeding in restoring other names to the rolls. Mr. Meritt. I will put in the record just what these attorneys did in each particular case. Mr. Norton. And, if you will, have the record show whether they ever did any work other than just formally present the names of these claimants after the Supreme Court had decided that Indians hav- ing the same status as these men were entitled to be placed upon the rolls. Mr. Meritt. This information is as follows : John Calvin Gray was enrolled on the official roll of intermarried citizens of the Choctaw Nation on March 4, 1906. His name was stricken therefrom by order of the Secretary of the Interior on March 4, 1907, but, in view of the decision of the Supreme Court of the United States in the Goldsby case (211 U. S., 249), the .name of John Calvin Gray was restored to said final roll on January 19, 1909. It appears that after the name of John Calvin Gray had 140 INDIAN APPEOPEIATION BILL, 1917. been stricken from the roll a contract was entered into by Helen Gray et al., heirs of John Calvin Gray, deceased, with Henry W. Blair, attorney at law, employing the latter to obtain the restoration of the name of said John Calvin Gray to the final citizenship rolls. Under the provisions of the act of Con- gress of April 30, 1908 (35 Stat. L., 70-90), said contract was submitted to the Secretary of the Interior for approval, and on August 2, 1911, was approved by the Acting Secretary, with the condition that the compensation to be allowed said attorney should not exceed the sum of $750. It appears that Messrs. Kap- pler and Merillat, attorneys at law of this city, have an interest in said con- tract. With respect to the services of the attorneys in the above-mentioned case of John Calvin Gray, it appears that it was necessary for them to make an exami- nation of the papers relating to the application of John Calvin Gray to the Com- missioner to the Five Civilized Tribes for enrollment, and that they made a demand upon the Secretary of the Interior for the restoration of his name to the final rolls, and that subsequent thereto a petition was filed in the Supreme Court of the District of Columbia for the issuance of an order to compel the Secretary of the Interior to recognize said John C. Gray as a citizen of the tribe, to which petition an answer was made by the Secretary of the Interior, and thereupon a demurrer was filed by the attorneys on behalf of the petitioners. It further appears that a stipulation was then entered into by the attorneys in the case, by which It was held to await the decision of the Supreme Court of the United States in the above-mentioned Goldsby case. It also appears that judgment- was subsequently rendered by the Supreme Court of the District of Columbia in favor of the heirs of the said John Calvin Gray, and his name was therefore restored to the roll on January 19, 1909, as above mentioned. Messrs. Kappler and Merillat were also the attorneys in the above-mentioned <;ase of John E. Goldsby, in which case the United States Supreme Court held in favor of said Goldsby. In the case of William Lancaster it appears that he was enrolled on the final rolls of intermarried citizens of the Chickasaw Nation on August 23, 1905, that his name was canceled therefrom by order of the Secretary of the Interior on March 4, 1907, but later, in view of the decision of the Supreme Court of the United States in the above-mentioned Goldsby case, was restored to the roll on Januai-y 19, 1909. After the name of said William P. Lancaster had been stricken from the roll an agreement with Messrs. Kappler & Merillat and James K. Jones, attorneys at law, Washington, D. C, and Charles M. Pechheimer, attorney at law of Chickasha, Okla., was entered into by heirs of William Lancaster, deceased, employing said attorneys in the matter of obtaining a restoration of the name of said William Lancaster to the final citizenship roll of the Chickasaw Nation; that under the provisions of the above-mentioned act of April 30, 1908, said contract was submitted to the Secretary of the Interior for approval, and on August 2, 1911, was approved by the Acting Secretary with the condition attached that the compensation to be paid said attorneys should not exceed the sum of $400. It is understood that William P. -Lancaster was a party to the mandamus suit entitled •" United States es rel Wiley Adams et al. r. Secretary of the Interior," in the Supreme Court of the District of Columbia, and that the attorneys in the case rendered services therein, and that m said case a stipulation was entered into between the parties that it should await the decision of the United States Supreme Court in the case of John B. Goldsby. It also appears that on January 9, 1909, judgment was rendered in favor of the petitioners. In the case of Arthur and Clyde Jennings it appears that said persons were enrolled on the final rolls of Intermarried citizens by blood of the Choctaw JNation on June 16, 1906, that their names were cancelled from the said roll by order of the Secretary of the Interior on March 4, 1907, but later, in view of the decision of the Supreme Court of the United States in the Goldsby case, their names were restored to said final roll on January 19, 1909 After their naniex had been stricken from the roll it appears that they entered into a ^T}^^\ ^^^"^ l^ugene Hamilton and Charles M. Fechheimer, attorneys at law of Chickasha, and their associate council and correspondents in Washington, D. C, employing said attorneys to prosecute the matter of obtaining the restora- tion ot the names of Arthur and Clyde Jennings to the final rolls. It further appears that under the above-mentioned act, April 30, 1908, said contracts were submitted to the Secretary of the Interior for approval, and that on August 2, f^ r ,1^ contracts were approved by the Acting Secretary with the condition that the compensation to be allowed the attorneys in each case should not exceed the sum of $400. INDIAN APPROPRIATION BILL, 1917. 141 It appears that Messrs. Kappler and Merillat have an interest in said con- ti-act. It does not appear that any suits Instituted on behalf of said Arthur and Clyde Jennings to obtain the restoration of their names to the roll, but that in view of the suits instituted in the other cases an undersanding was had by said attorneys with the department that if the Goldsby case was won by them the restoration of the names of the other persons in a similar situation would be had without resort to the courts. It appears, however, that the attorneys investigated their cases, examining the records in reference thereto, and ob- tained the data preparatory to the institution of such suit. Their cases, how- ever, being analagous to the Goldsby case, their names were restored to the iinal rolls of the department on January 19, 1909. Mr. Carter. Line 3, page 73, amendment No. 106 : That the Secretary of the Interior be, and he is hereby, authorized to pay to the enrolled members of the Seminole Tribe of Inllans of Oklahoma entitled under existing law to share in the funds of said tribe, or to their lawful heirs, out of any moneys belonging to said tribe in the United States Treasury or deposited in any bank or held by any official under the jurisdiction of the Secretary of the Interior, $300 per capita : Provided, That said payment shall be made under such rules and regulations as the Secretary of the Interior may prescribe: Provided further, That in cases where such enrolled members or their heirs are Indians who belong to the restricted class, the Secretary of the Interior may, in his discretion, withhold such payments and use the same for the benefit of such restricted Indians : Provided further, That the money paid to the enrolled members or their heirs as provided herein shall be exempt from any lien for attorneys' fees or other debt contracted prior to the passage of this act. There is hereby ajopropriated a sum not to exceed $2,000 out of the funds of said Seminole Tribe for the payment of salaries and other expenses of said per capita payment or payments. What have you to say about that amendment ? Mr. Meritt. The department is in favor of this per capita payment to the Seminole Indians. There are about 3,000 of those Indians, and they have in the Treasury, and deposited in local banks in Olda- homa, a total of $1,471,224.53. There are ample funds for a $300 per capita payment, and that will leave to their credit about $500,000. Mr. Carter. What are these funds ; where do they come from ; what are they derived from? Mr. Meritt. The funds are derived from the following sources: Fulfilling treaties with Seminoles, Oklahoma $2, 300. 04 Seminole general fund 276, 795. 94 Interest on Seminole general fund 39, 285. 61 Seminole school fund 500, 000. 00 Interest on Seminole school fund 50, 382. 26 Seminoles of Oklahoma fund 529,374.20 Interest on Seminoles of Oklahoma fund 27, 644. 02 Interest on Seminole rboney on deposit in banks . 71 Indian moneys, proceeds of labor : Seminole Nation, Oklahoma 3, 693. 77 Seminole unallotted land 5, 417. 37 Total in Treasury Feb. 18, 1916 1, 434, 893. 92 Total in Oklahoma banks, Dec. 31, 1915 36, 330. 61 Grand total 1, 471, 224. 53 Mr. Carter. These funds belong to the Indians, do they not ? Mr. Meritt. Yes, sir ; and the Government is under treaty to pay those funds out when the affairs are wound up, and the affairs are practically wound up. Mr. Carter. I take it no Member of Congress or Senator from Oklahoma is interested in this matter at all, is he? You have just put this amendment in without any suggestions from anybody ? 142 INDIAN APPROPRIATION BILL, lOlT. Mr. Meritt. No, sir ; Senator Owen was active in getting this item in the bill, and Representative Murray has also been active in the matter as well as other members of the Oklahoma delegation. Mr. Norton. Why wasn't this matter taken up in the committee of the Senate and the subcommittee of the House ? Mr. Carter. I want to ask Mr. Meritt this: I notice you have here, Mr. Meritt, in this item for the per capita payment of the Choctaws and the Chickasaws, which is not under consideration be- cause it is not an amendment, a provision that in cases " where such enrolled members or their heirs are Indians that belong to the re- stricted class, the Secretary of the Interior may, in his discretion, withhold such payments and use the same for the benefit of such restricted Indians." Now it has been claimed in the past by some of the more competent restricted Indians in Oklahoma that those words " in his discretion " have been totally ignored by the Indian Bureau, and that in no case, no matter how competent a legally restricted Indian might be, in no case was any material amount of funds paid to him at one time, but that it was doled out to him in $2, $5, and $10, in a manner that would be doing him no good and very often it would cost him more to go to the field agency and get the money than the money was actually worth to him. I have had some correspondence with the commissioner and the commissioner has given his word that if the language is left in the bill there will be an actual exercise of dis- cretion, and that every Indian competent to manage things will be given his full share of money. Do you know anything about it? Mr. Meritt. That will be our general attitude. Mr. Carter. How is this money to be paid to the so-called non- restricted Indians? Mr. Meritt. It will be paid to them direct by check. Mr. Carter. The restricted Indians? Mr. Meritt. We will pay to the competent restricted Indians their money. To those who are considered not competent by the < local authorities, we will deposit to their credit, and we will be governed very largely by the recommendations of Superintendent Parker as to how the funds shall be handled. Mr. Carter. I would like to put in, if the committee has no ob- jection, my correspondence with the Commissioner of Indian Affairs relating to this matter. (The correspondence referred to is as follows:) House of Representatives, „ „ „ Washington, March 2, 1916. Hon. Cato Sells, Commissioner of Indian Affairs, Washington, D. G. Dear Sie : Since the Choctaw-Chickasaw per capita payment has been under consideration during the present session of Congress I have received no end of correspondence from ChoctaAV and Chickasaw Indians of the so-called re- stricted class, complaining bitterly about the unfair manner in which the Indian Bureau has administered that " discretion " given to the Secretary to withhold and use such payments for the benefit of restricted Indians Their contention is that, no matter how capable, rarely, if ever, is a pay- ment of any substantial amount made at one time to a legally restricted Indian but that this money is doled out in such small amounts as to be of practically no benefit, thereby increasing the expense of distribution, causing the intended beneficiary the unnecessary trouble and expense of a trip from his farm to the field agency every time he needs a dollar or two, which expense in many cases exceeds the amount of money received. INDIAN APPROPRIATION BILL^ 1917. 143 All this legislation giving such discretion to administrative officials is in violation of the Atoka agreement, the supplemental agreement, and the act of April 26, 1906, and has only been carried in the provisions in the past at the urgent solicitation of your bureau. We agree that Isolated cases may be found in which the exercise of this dis- cretion might prove beneficial, and it was in the interest of such incompetents alone that Congress yielded to the importunity of the Indian Bureau. It was supposed that every fairly competent Indian would receive his full share " to aid and assist him to improving his home and lands," as provided by our agree- ment with them, and it was certainly not understood that competent Indians would have this money handed out in such insignificant sums as $2, $5, etc., with no reason for such action save that such person chanced to be on the restricted roll on account of having one-half or more Indian blood. Let me repeat what I have so often said before, that many of the so-called restricted Choctaws and Chickasaws are as fully equipped to care for their funds as you or I. Certainly they may spend them, but what of it? I expect to spend mine if the payment is made, and you would probably spend yours if you were a beneficiary. When we do spend them we expect full value received, and so will they. It is a ^mple application of Thackeray's old proverb, " You can't eat your cake and have it." I once thouglat of seeking to amend this payment item by restricting this discretion, and believe if I had insisted that, in view of the treaty provisions cited, the House Couunittee on Indian Affairs would have eliminated that proviso completely. After due consideration, however, I thought it perhaps a better plan to leave it unchanged this time and to take up with you the necessity for a more liberal" application of this " discretion," to the end that some of the red tape which has always been in attendance upon these payments in the past might be eliminated by the Indian Bureau. I do not believe it will be possible for the Indian Bureau to much longer ignore the fact that a large number of those legally restricted Indians of the Five Civilized Tribes are intellignt, capable, and sell-supporting. Again repeating what I have said before, some rjoans should be provided for distinguishing between the competent and incompetent ; the actually com- petent should be placed upon their own responsibility and the paternalism of this Government more specifically directed to those actually needing assistance and whose afCairs are now forced to be neglected on account of our attempts to cover unnecessary grounds. Tour superintendent, Hon. Gabe B. Parker, was born, raised, and educated within the reservations of the Five Civilized Tribes. He has a large, compre- hensive acquaintance among the Choctaws and Chickasaws, and of his own personal knowledge, I should judge, might be able to pass upon the competency of a large number of this restricted class himself. May I not have a word from you right away, vouchsafing your intention of an actual exercise of the " discretion " herein referred to along the lines of the Intent of the legislation before it is yet too late to ha^■e the proviso amended. Very truly, yours, C. D. Caetee. Depaetment of the Inteeioe, Office of Indian Affaies, Washington, March 23, 1916. Mt Dear Mb. Carter: Reference is made herein to your letters of recent date relating to per capita and other payments made to Choctaw and Chicka- saw Indians, and as to the policy to be pursued in the matter of the adminis- tration of the discretion conferred by law on the Secretary of the Interior to withhold such paj'ments in the cases of restricted Indians and use the money for their benefit. It is not the purpose in the administration of the discretion vested by law in the department in these matters to retain control of the lands or money of any competent member of the Five Civilized Tribes, even though such Indian by reason of his degree of Indian blood might be within the restricted class as described in the act of Congress of May 27, 1908 (35 Stat. L., 312). I believe that any money out of the tribal funds or as proceeds of land sales due Indians of the unrestricted class should be promptly paid direct to them. 144 INDIAN APPROPRIATION BILL, 1911. I believe that the actually competent Indians should at the very earliest I)racticable date he placed upon their own responsibility, and that those who remain within the restricted class because of thai"' not being competent tO' protect themselves in pi'operty matters should only be supervised cr controlled, to that extent as may be necessary for their own protection and best interests, and to said extent only, and therefore that a liberal application of the dis- cretion vested in the department should be had in favor of permitting the restricted Indian to expend his money for those things he desires, provided such expenditures would not be injurious to his welfare. Very truly, yours, Oato Sells, Comwissioiier. Hon. C. D. Cakteb, Bouse of Representatives. Mr. Hernandez. What per cent of restricted Indians are in this State? Mr. Meeitt. Almost 75 per cent of the enrolled Indians, members of the Five Civilized Tribes, have had their restrictions removed. Mr. Carter. Page 74, line 16, amendment No. 107 : The sum of $275,000, to be expended in the discretion of the Secretary of the Interior, under rules and regulations to be prescribed by him, in aid of the common schools in the Cherokee, Creek, Choctaw, Chickasaw, and Seminole Nations and the Quapaw Agency in Oklahoma, during the fiscal year end- ing June thirtieth, nineteen hundred and seventeen : Provided, That this appro- priation shall not be subject to the limitation in secion one of this act limiting the expenditure of money to educate children of less than one-fourth Indian blood. Mr. KoNOP. That was introduced in the House and stricken out on a point of order. Mr. Meeitt. The item is justified on page 208 of the Senate hear- ings and page 343 of the House hearings. That is an item that has been carried in the Indian appropriation bill for a number of years, and I think everyone is in favor of it. Mr. KoNOP. It was in the House bill at this time, but was stricken out. Mr. C:aetee. Line 1, page 75, amendment No. 108 : The authority contained in the act of March third, nineteen hundred and eleven (Thirty-sixth Statutes at Large, pages one thousand and fifty-eight to one thousand and seventy), for the use of the interest accruing on funds of the Five Civilized Tribes on deposit in banks to defray expenses of per capita payments to the Indians of the proceeds of the sale of their surplus unallotted land, shall be deemed sufficient to include salaries and wages of any employees mentis necessarily engaged in the work of making such per capita pay- Now, Mr. Meritt, I notice on page 72 of the bill as passed by the Mouse, the Choctaw and Chickasaw per capita, that vou have the language: pwlJfaL*^''® ^Tni'^'^l '^ authorized to use not to exceed $8,000 out of the Chickasaw and Choctaw tribal funds for the expenses and the compensation of all necessary employees for the distribution of the said per capita payment. And the Seminole item on page 73 : said^ s"em'fnofi" TrihT/'*'^'^',''*'''' ^ ^"""^ °°* ^^ ^^^^^*^ ^^,000 out Of the funds of lllnn^T ?® *'"' "'® payment of salaries and other expenses of said per capita payment or payments. me^nl loT? °^ ^^'^^^ ^^^ provisions, what is the necessity for amend- INDIAN APPBOPKIATION BILL, 1917. 145 Mr. Meeitt. "We Avould like to have that law broadened so that there would be no question about our authority to pay out their tribal funds for employees that are necessary in making per capita pay- ments. This amendment was proposed as a committee amendment, page 219 of the Senate hearings. Mr. Carter. These other two items cover the ground completely so far as these payments are concerned, do they not ? Mr. Meritt. Yes, sir ; but that is special legislation, and will only apply to per capita payments that are now to be made. There will be other per capita payments to follow. Mr. Carter. In the other per capita payments to follow you de- sire this same authorization? Mr. Meriit. Yes, sir ; a specific authorization is necessary to make per capita paj'ments, but we would like to have general authority to use tribal funds to make per capita payments. Mr. Carter. Then the difference between those two items in con- nection with the payment provision and this item is that this item makes the law permanent. Mr. Meritt. Yes, sir. Mr. Carter. Line 22, page 76, amendment No. 109 : And provided fnrther, That the Secretary of the Interior is hereby em- powered, during tlie tiscal year ending June thirtieth, nineteen hundred and seventeen, to expend funds of the Cliicivasaw, Choctaw, Creolt, and Seminole Kations available for school purposes under existing law for such repairs, improvements, or new buildings as he may deem essential for the proper con- duct of the several schools of said tribes. "What is the necessity for that ? Mr. Meritt. That item is discussed on pages 525 and 662 of the Senate hearings. Under a ruling of the comptroller we will be without authoritv to use any tribal funds for the purposes stated in this amendment without specific authority of law. Mr. KoKOP. So that you could not use school funds for the repair of school buildings? Mr. Meritt. "We could not use tribal funds ; no, sir. Mr. Carter. Your amendment here provides that they may be available for school purposes under existing law. Mr. Meritt. Yes, sir. Mr. Carter. That would change the existing law, wouldn't it? Mr. Meritt. It would give us authority to use tribal funds for repairs, improvements, and new buildings. Mr. Carter. Are you sure that it does that ? As a matter of fact, Mr. Meritt, what vou wanted is to be able to spend this money m accordance with the act of April 26, 1896. Is that it? Mr. Meritt. Yes, sir. ■ ■ ■ .t. Mr. Carter. So as not to have it removed from the limitations that are carried in this appropriation bill? Mr. Meritt. That is what we want. Mr. Carter. I do not believe this language would carry out your purpose. I think if you had there something like this, available for school purposes, irrespective of the limitations of this act, it would be more in line with what you are asking. Mr. Meritt. "Would it not be all right as it is? 36345— PT 5—16 10 146 INDIAN APPROPRIATION: BILL, 1917. Mr. Norton (interposing). It occurs to me that Mr. Carter's in- terpretation of this phrase there is not a proper one. The provision' reads as follows: And provided further, That the Secretary of the Interior is hereby empow- ered, during the fiscal year ending June 30, 1917, to expend funds of the Chiclja-. saw, Choctaw, Creeli, and Seminole Nations available for school purposes under existing law for such repairs, improvements, or new buildings as he may deem essential for the proper conduct of the several schools of said tribes. That is, he is authorized to expend funds that are available under existing law for school purposes. He is authorized to ejjpend them for such repairs, improvements, or new buildings as he may deem essential under the proper conduct of the school of the said tribes. At the present time there are certain funds that are available for school purposes, and it is the purpose to make these funds not only available for school purposes but to make them available for repairs to buildings. Mr. KoNOP. I think if there were a comma after the word "law," so as to be sure that that phrase was connected with the words " avail- able for school purposes," there would be no question about it. Mr. Meeitt. That was our intention, Mr. Norton, just as you haive stated it. It might remove any doubt in the matter by striking out the words " under existing law." Mr. KoNOP. I wouldn't strike them out, but put a comma after- th©- word "law." Mr. Carter. The facts are about as follows: The act of April 26, 1 906, authorized the Secretary of the Interior to use the funds of the Five Civilized Tribes for school purposes up to certain amounts, with no limitations. Now,. in this bill, in the current law, and in several other Indian appropriation acts passed previously we have placed the language that no tribal funds should be spent with certain exceptions, one of which is for schools. Under that language I understand the Comptroller of the Treasury has ruled that he can only make payments for board and tuition of children. Mr. Meeitt. That is correct. Mr. Norton. That is just what this provision is aimed to enlarge— aimed under this proviso here to make those funds that are not avail- able for school purposes available for repairs, improvements, on new buildings. Mr. Meeitt. That is our purpose in asking for this legislation. Mr. KoNOP. I think a comma would fix it. Mr. Caetee. I think that would cure it. Mr. KoKOP. Put a comma after the word "law," "available for- school purposes under existing law, for such repairs," etc. Mr. Caetee. Line 25, page 77, amendment 110, add : For the salaries and expenses of not' to exceed six oil and gas inspectors, under the direction of the Secretary of the Interior, to supervise oir arid gas mining operations on allotted lands leased by members of the Five Civilized Tribes from which restrictions have not been removed, and to conduct investi- gations with a view to the prevention of waste, $25,000. Mr. Hatden. That language was contaiined: in the bill as it -was reported to the House,,went out on a point of order, and was-restored in the Senate. Mr. KoNOP. But the House bill carried only $15,000. Mr. Meritt. That item is discussed on page 352 of the ffouse and page 215 of the Senate hearings. We would like to have it amended INDIAN APPROPRIATION BILL, IQll. 147 by inserting after the word " allotted " the words " and unallotted Indian lands in Oklahoma," and strike out " by members of the Five Civilized Tribes," would make the appropriation applicable to al- lotted and unallotted tribal lands in Oklahoma and not confine it to the Five Civilized Tribes. Mr. Carter. If that was done, the House committee would prob- ably have to do it, because the conferees might not have such juris- diction. Mr. Meritt. We would be glad to have that. Mr. Carter. AVe do not deal with unallotted lands here. Mr. KoNOP. The provision as inserted in the bill asks for $25,000, but the House gave only $15,000. Why this increase to $25,000? Mr. Meritt. We had $25,000 heretofore, and we need the full amount appropriated. Mr. Koi^op. But, as I remember, there was an unexpended balance. Mr. Meritt. The force has only recently been organized, and for that reason the entire amount was not appropriated; but we are doing splendid work in Oklahoma in connection with this appro- priation by conserving gas and requiring oil operators to conduct their operations along lines of conservation, conserving the gas, etc. Mr. KoNOP. What page is this on? Mr. Meritt. Page 215 of the Senate hearings and page 352 of the House hearings. Mr. KoKOP. There was unexpended $13,173 when we had this bill under consideration. That is the reason we cut the estimate down to $15,000. Mr. Meritt. As I stated before, the force was not immediately organized. We believe that we can use the entire approjDriation to advantage. Mr. KoNOP. But if it were not immediately organized, then you didn't pay. out the money, the $25,000 that was appropriated last year ? Mr. Meritt. No, sir. Mr. KoNOP. So there must be an unusually large balance? Mr. Meritt. But we only used those people for a part of the year, ••md that accounts for the balance. But if you limit it to a $15,000 appropriation it might be necessary to lay off some of the people who are now emploved. Mr. Carter. Can you use any part of this balance in the next fiscal vear ? . Mr. Meritt. No, sir ; it has gone back into the Treasury. It is important that this am.endment that I have suggested be placed m the bill for the reason that they are discovering oil m western Okla- homa outside of the Five Civilized Tribes, and we would like to have all of the oil operations on Indian lands. Mr. Carter. Outside? Mr. Meritt. Yes, sir. Mr. Carter. This only applies to the Five Civilized Iribes. Mr. Meritt. I have "suggested that it be made to apply to all allotted and unallotted lands in Oklahoma. Mr. Norton. Allotted and unallotted lands in Oklahoma ( Mr. Meritt. Yes, sir ; and strike out the words " leased by members of the Five Civilized Tribes." 148 INDIAN AP'PEOPEIATION BILL, 1911. Mr. KoNOP. This is not reimbursable out of the funds of the Indians? Mr. Meritt. No, sir. Mr. Carter. Line 14, page 78, amendment No. Ill : That the Secretary of the Interior be, and he is hereby, authorized to effectu- ate a compromise settlement of the suit of the United States against E. Dowden and others decided adversely to tlie Government on .January fourth, nineteen hundred and fifteen, by the United States Circuit Court of Appeals for the Eighth Circuit and no^Y pending on appeal in the Supreme Court of the United States, and toi- s;ii'd piirpose to purchase wliatovcr ri^lit, title, and interest that said E. Dowden may have in or to the land involved in said suit, said land being situated within the area segregated for town-site purposes at Tuttle, Oklahoma, and to take such other action as may be necessary to quiet the title in the Choctaw and Chickasaw Nations to said land and in the pur- chasers from said nations at the Government sale of the town lots, and for the above purpose the sum of $57,500, together with interest thereon at the rate of six per centum per annum from February twenty-fourth, nineteen hundred and sixteen, to date of settlement, is hereby appropriated, out of any money in the Treasury of the United States not otherwise appropriated: Provided, That the United States is to be reimbursed to the extent of the proceeds heretofore de- rived, or which may hereafter be derived, from the sale of the town lots within the area affected by such compromise settlement. Mr. Hayden. Does the Indian Office recommend this legislation ? Mr. Meritt. Yes, sir ; this item was added to the Indian bill before the Senate committee at the request of Senator Owen, page 524 of the Senate hearings, but the department has reported favorably. Mr. HaydejST. As I understand it, this bill passed the House last night. It is not necessary to include that amendment in this bill. The bill was H. E. 10791^ passed by the House April 4, 1916, as is shown by the Record, at page 6241. (Thereupon, at 4.30 p. m., the committee adjourned until to-mor- row, Thursday, April 6, at 10 o'clock a. m.) Committee on Indian Affairs, House of Representatives, Thursday, April 6, 1916. The committee this day met, Hon. Charles D. Carter presiding. STATEMENT OF MR. EDGAR B. MERITT, ASSISTANT COMMIS- SIONER OF INDIAN AFFAIRS— Continued. Mr. Carter. The next amendment is No. 112, on page 79. That is merely to correct an error. The next amendment is on page 80, No. 113, and is as follows: $15,000; for remodeling sewer system, $5,000; for three high-pressure steam boilers, $7,200; for new laundry machinery, $2,000; for one new rotary brick oven, $1,800: Provided, That the unused balance of $9,S30 of the amount 'ap- propriated by the act of August first, nineteen hundred and fourteen (Thirty- eighth Statutes at Large, page six hundred and two), and an additional amount of $2,500 may be expended for an addition to the assembly hall ; In all, $135,500. What is the necessity for that unexpended balance? Mr. Meritt. This item was discussed in the Senate hearings on page 126. This is one of our largest nonreservation schools. Mr. Carter. What is the page in the House hearings ? Mr. Meritt. Page 356 of the House hearings. These amendments were placed in the bill at the request of Senator Lane, of Oregon. INDIAN APPBOPRIATION BILL, 1911. 149 He recently visited this school and found that there ^YCl■e a numbor of improvements that were very urgent. We realized that the school was not in good condition, but we kept our estimates down to the lowest point possible. However, Ave would be glad to have the new items requested by Senator Lane. In connection with the request for an increased appropriation for a new auditorium I will say that Congress, in the act of August 1, 1914, appropriated $10,000 for this building, and we advertised for bids, but on account of the high cost of material we could not get the building that we had planned. Senator Lane requested that no action be talten on that advertisement until he could put the matter before Congress and request an increased appropriation, and this item is a result of his request. Mr. Haydest. If this is one of your largest schools, why is the per capita cost so high? Mr. Mekitt. That per capita cost is too high, and we will call the attention of the superintendent to that excessive cost. Mr. Carter. After you have called his attention to the high per capita cost do you suppose he can make any reductions? Mr. Meritt. He ought to be able to do so. l)ecause they have a good school farm in connection with that plant, and there is no reason why the per capita ci:pt should not be kept within $200. Mr. Carter. Do you not think that before a school is entitled to consideration over other schools that it ought to at least show the average per capita cost? Mr. Meritt. Yes, sir; I think that there is not a very favorable shoAving at this school. Mr. Carter. If we were to make a rule that no increises would be given to any schools, except upon a showing of the most urgent exigency, where the per capita cost exceeded the average, do you' think there would be an inducement for the superintendent to oper- ate his school in a more economical way? Mr. Meritt. I believe that if the Congress should establish a policy of that kind, it would have a tendency to keep the per capita cost down to the lowest point practicable. Mr. Carter. The next amendment is No. 114, page 81. line 2, as follows : Strike out " in the discretion of the Secretary of the Inte- rior, shall be deposited in the Treasury to the credit of said Indians and insert " shall be paid, share and share alike, to the enrolled mem- bers of the tribe." Mr. Hatdex. What about that? , -, -^ , , Mr Meritt. Tliis item is justified on page 104 ot the benate hear- ino-s and on page 359 of the House hearings. It is for the purpose of paying the money directly to the Indians rather than deposit it in the Treasury of the United States to their credit. Mr. Hatden. Does the bureau approA-e of this change? Mr. Meritt. Yes, sir. .,,,,, „., v .- Mr. Carter. The next amendment is No. 115, page 81, hue 14, as follows : That the sum of $1,000. or so mucli thereof as iiiii.y 1)0 necessiiry, of the tribal funds of the Klamath Indians of the State of Orouoii is hereliy appropriated to pay the actual expenses of the two delegates of the said tribe who have been elected by the general council of the Klamath Indians to attend to the 150 INDIAAT APPKOPEIATION BILL, 1917. business of the tribe and pay tbeir expenses to Washington in February iiiiil March, nineteen hundred and sixteen, to present the affairs of the said Klaniatii Indians of the State of Oregon to the officiais of the United States. What is the necessity for that? Mr. Meeitt. This item was placed in the Indian bill before the Senate Committee by Senator Lane. See Senate hearing, page 62:2. Mr. Hayden. How much money have these Indians to their credit? Mr. Meeitt. They have to their credit $174,583. Mr. Hayden. It would not seriously deplete this fund to pay this $1,000 if the bureau is satisfied that that amount should be paid. Mr. Meeitt. Two Indians came here at the request of the Indian tribe and we see no objection to paying their actual expenses. Mr. KoNOP. Did they appear before the committee? Mr. Meeitt. Yes, sir; they appeared before the Senate conmiittee and also appeared before the Indian Bureau. Mr. KojSop. They have not appeared before this committee? Mr. Meeitt. No, sir. Mr. KoNOP. Do you know what they appeared for? Mr. Meeitt. They wanted some of their timber sold. These In- dians have quite a large amount of timber on their resen'ation. "We have not sold any of that timber during the last two years because of the low price of stumpage, but we are now getting ready to sell part of the timber belonging to those Indians. Mr. Caeter. Why was it not presented to the House committee? Mr. Meeitt. Because the Indian delegation did not come to Wash^ ington until after the bill had passed the House. Mr. Caetee. The next amendment is No. 116, line 23, page 81, as follows : For the construction of a bridge across the Williamson River on the Kla- math Indian Reservation, Oregon, $3,000, or so much thereof as may be neces- sary, to be immediately available and to remain available until expended, reimbursable to the United States by the Indians having tribal rights on said reservation, and to remain a charge and lien upon the lands and funds be- longing to said Indians until paid. Mr. Meeitt. This item was incorporated in the Indian bill before the Senate committee at the request of Senator Lane, and is justified on page 521 of the Senate hearings. Mr. Caetee. Hoav much of a fund have these Indians, Mr. Meritt? Mr. Meeitt. They have $174,583. Mr. KoNOP. In the Treasury? Mr. Meeitt. Yes, sir. Mr. Hayden. Is it agreeable to the Indians that this money be ex- pended ? Mr. Meeitt. We have not taken the matter up with the Indians, but it would be clearly for their benefit, and the Indian delegation that was here said that they were in favor of it. Mr. Caetee. You say they have $174,000 on hand? Mr. Meeitt. Yes, sir. Mr. Caetee. What would be the objection to taking this directly out of their fund instead of appropriating it from the Treasury, and making it reimbursable? This would make some unnecessary book- keeping, would it not? Mr. Meeitt. There would be no objection to that. Mr. Caetee. The next amendment is No. 117, page 82, line 10, strik- ing out " $18,666 " and inserting " $14,000." INDIAN APPEOPRIA'J JON BILL, 1017. 151 Mr. Meritt. This amendment was made in the Senate Committee on Indian Affairs at the request of Senator Lane, and the item is dis- cussed on page 126 of the Senate hearings. Mr. Hatden. The Senator must liave been convinced that the bridge would not cost as much as was estimated by Mr. Sinnott, of Oregon, when he introduced his bill, because he reduced the amount by $i,666 and provides that they shall pay one-half of the cost in- stead of one-third. ]Mr. Meritt. You will note that the amendment requires the In- dians to pay one-half of the cost of the bridge. Mr. Hatden. The total amount is reduced; the amount carried, in line 10, is $18,666, and the amendment provides for $14,000. Mr. Carter. The next amendment is No. 118, line 17, page 82, striking out the words "one-third" and inserting the words "one- half." The next amendment is No. 119, line 1, page 83, as follows: That jurisdiction is hereby coiiferred upon the Court of Claims, with the right of appeal to the Supreiue Court of the Unitefl States, to consider and adjudicate any claim arisinij under treaty stipulations or otherwise which the Klamath Band of Indians or other bands of Indians residing in the State of .Oregon have against the United States, and such suit or suits as may be insti- tuted hereunder shall, if the convenience of the court admit, be advanced upon the docket of either of said courts for trial and be determined at the earliest practicable time. Amendment No. 120 is in connection with amendment No. 119 and is as follows: That upon the final determination of such suit or suits the Court of Claims shall decree such fees as the court shall find to be reasonable, to be paid to the attorney or attorneys employed by the said band of Indians, and the same shall be paid out of the sum found to be due said band of Indians when an appro- priation therefor shall have been made by C!ongress : I'roridciJ, That in no case shall the fees decreed by the court exceed in amount such sum or sums as may have been fixed therefor under the terms of any contract entered into between the Indians and their attorney in conformity with section twenty-one hundred and three and the following of the llevised Statutes of the United States for the prosecution of their claim. Mr. Meritt. This item was incliuled in the Indian bill at the re- quest of Senator Lane and is discussed on page 522 of the Senate hearings. Mr. Hayden. What is the actuail amount of money claimed bj' these Indians ? Mr. Meritt. The amount has not been even approximately deter- mined. They claim that they are entitled to compensation for cer- tain lands that have been taken away from them by the Federal Gov- ernment. ]\Ir. Carter. How much land? Mr. Meritt. The acreage has not been determined. Mr. Carter. Can you not approximate it? Mr. Meritt. It will require a survey of the lands to determine that amount. Mr. Carter. Where are these lands situated? Mr. Meritt. There are certain lands in dispute which join the Klamath Reservation in the southern part of Oregon. Mr. Carter. How much land is in the Klamath Reservation? Mr. Meritt. Approximately 800,000 acres. Mr. Carter. Is the amount in contention greater or less than the present reservation? 152 INDIAN APPROPKIATION BILL, 1917. Mr. Meritt. Less. Mr. Carter. Half as much? Mr. Meritt. Probably one-fourth as much. Mr. Carter. Who holds the lands? Mr. Meritt. The lands are open to settlement by white people. Mr. Carter. Under a treaty? ' Mr. Meritt. Under an act of Congress, I think. Mr. Carter. Did the land belong to the Klamath Indians when it was taken? Mr. Meritt. It was occupied by the Klamath Indians. Mr. Carter. Did they have any title to it ? Mr. Meritt. They had a possessory title; they had been occupy- ing that land. Mr. Carter. Were they located by an Executive order? Mr. Meritt. The Klamath Reservation is what is known as a treaty reservation. Mr. Carter. Did the treaty guarantee the title of their lands to them? Mr. Meritt. I would not like to go into that matter definitely without looking it up. Various Indians have various claims against the Government. Mr. Carter. Can you put in the record, Mr. Meritt, a statement showing what these claims consist of — approximately what the amount will be and the basis for them? Then, perhaps, you had better quote the treaty, if they have a treaty, or whatever authority of law they have. Mr. Meritt. I wish to submit the following memorandum rela- tive to this matter : This item is to permit tlie Klainath Indians of Oregon to take their claims against tlie Government to the Court of Claims for adjudication. For a number of years this tribe had claimed that the reservation boundary line establislied by the Government excluded a large number of acres belonging to them; and by the act of June 10, 1896 (29 Stat. L., S21), a commission was appointed, which found an erroneous exclusion of more than 600,000 acres. By act of .Tune 21, 1906, about $500,000 was appropriated for payment to the Indians for the lands wrongfully taken from them. However, the Indians still maintain that the boundary commission did not include in their findings all of the land taken from them and insist that they should be compensated therefor. As the item properly protects the Indians in the matter of attorney fees and also the interests of the Government, it should be enacted in order that the claims of these Indians may be finally satisfied. Mr. Hayden. This amendment provides no set-off on the part of the United States for any gratuity made to these Indians or any- thing else; they are to get everything they claim and the United States is not permitted to set up anything it did for these Indians. The usual form is to allow the United States to set up what it has expended in their behalf as a set-off against their claims. Mr. Meritt. That language should be incorporated in all jurisdic- tional acts. Mr. Hayden._ Some years ago there was passed a very innocent- looking authorization to submit all claims on behalf of the Ute Indians to the Court of Claims and that resulted in a judgment for several millions of dollars agkinst the United States. It seems to me that Congress ought to be furnished with some information as to what the probabilities are with respect to a case of this kind before INDIAK APPROPIUATION BILL, 1511. , I53 it authorizes it to go to the Court of Claims and not throw the doors wide open. Mr. Meritt We are not asking that this item be included in the Indian bill I believe, however, that a carefully worded jurisdic- tional bill should be passed by Congress so that these Indians may go to the Court of Claims. I am in favor of permitting all Indian tribes who have claims against the Government to go to the Court of Claims. Mr. KoNOP. You would agree to have incorporated such language as would permit the Government to have the right to set up any claim it has against the Indians? Mr. Meritt. I think that should be done in all jurisdictional bills. Mr. Carter, lou say this justification is found on page 522 of the Senate hearings? Mr. Meritt. It was referred to. Mr. Carter. Is that the only justification you know of for these claims? Mr. Meritt. The office did not ask that this item be included in the bill. Mr. Carter. Do you knew of any justification for this claim other than that furnished on page 522 of the Senate hearings? Mr. Meritt. Oh, yes. We have information in the office relating to this matter. Mr. Carter. There is absolutely no justification on page 522. It appears to be simply a statement of the language desired in the bill, with no reference to it in the hearing. Mr. Hayden. All of the stenographer's notes that were printed on that page refer to the construction of a bridge. Mr. Carter. And not to these claims at all. Mr. Meritt. It was placed in the Indian bill by the Senate com- mittee without very much discussion. Mr. KoNOP. Where is the discussion or evidence thut these two del- egates appeared before the committee in the Senate? You say they appeared before the committee; but I do not find anything in the hearing showing that they testified to anything. Mr. Meritt. The hearing will show that these Indians did appear before the Senate committee, as is shoANii on pages 522 and 557 ; but there seems to have been no discussion of this matter in the hearings. Mr. Carter. Mr. Hawley, do you want to be heard on some of these items ; and if so, which ones ? STATEMENT OF HON. WIILIS C. HAWLEY, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF OREGON, Mr. Hawley. I appear in behalf of the amendment on page 80 of the bill — amendment 113. In addition to what is stated in the Senate hearings, I have recently gone through the plant at Chemawa and have examined the system they have there — both the sewer sys- tem and the heating system. I would like to support the amend- ment of the Senate, for the remodeling of the sewer system. That was estimated for in the estimate submitted by the department in order to furnish an outlet and better disposal of the sewage from the buildings. The testimony of Senator Lane — whom I understand was at the school this summer, as I did not have an opportunity to go 154 INDIAN APPBOPRlATIOIS' BIJ.I., liJlT. there— is that the toilets at that time were incapable of use by reason of the fact that they were clogged by not having a sufficient : oufelet for the sewage running through the pipes. Mr. Carter. Mr. Kawley, the House allowed that item, as I re- member it, did it not — $5,000 for the sewer system? Mr. Hawley. Yes; but that was not all that was asked for the sewage system by the department, if I rememler correctly. Mr. Campbell. That is all the Senate allows — $6,000. Mr. Meritt. We asked for $5,000 for remodeling the sewer system. Mr. Carter. The department asked for only $5,000. Mr. Campbell. The House allowed $5,000 and the Senate allowed the same amount. All the Senate did was to change the language. It did not change the amount at all but simply transposed the lan- guage. Mr. Carter. That will not be in conference, then, Mr. Hawley. Mr. Campbell. There is no controversy between the House and -the Senate on that item. Mr. Hawley. I supposed that there was some modification of it by reason of the fact that the Senate had put in new language there. Mr. Campbell. The language of the House bill is "For remodeling sewer system," and that is the language of the Senate bill. Mr. HAWLEY^ It occurs to me, however, that there was some addi- tional estimate for the disposal of the sewage, but if the item is the same in both Houses there will be no necessity for a conference on them. But the heating plant is insufficient for the heating of the buildings, especially during a winter that is as cold as this last one. It is very seldom that they have as cold a winter as this past winter, but it is rainy there in the wintertime and damp. The heating plant is insufficient to furnish enough heat for all of the buildings, and there has been complaint about that for the past three or four years. They need something additional to the present heating system in order to make the schoolrooms and dormitories comfortable for the children and employees. The new laundry item. Senator Lane states, is put in there to more adequatelj'^ provide the necessary machinery to take care of the work of the school. In the last few years there has been an addition to the school population by reason of the admission of Indians from Alaska. Some had been admitted before, but others have been added by reason of an amendment inserted in the bill two or three years ago. Now, as I understand it, this is to take care of the additional school population, and is to replace machinery that has been used for a long while and which is incapable of doing its maximum work or accom- plishing its maximum of efficiency. It is because of those conditions that this small expense is necessary. Senator Lane makes the state- ment that the bedding of the children was not changed as often as it should be by reason of the fact that the}' were not able to wash and dry the laundry. As to the brick oven have no information; that must have been a new matter, and you will have to take whatever Senator Lane and Mr. Meritt have to say about that. I supposethe Ijroviso as to the unused balance of $9,830 was recommended by thte commissioner for the reason that the former appropriation wouM, in all probability, lapse. I suppose that is the reason for that pro- vision, and Mr. Meritt can make the necessary explanation to ybu. Now, on page 81 INDIAN APPBOPEIATION BILL, lOn. 155 Mr. Carter (interposing). Before you get away from that, the •bureau estimated $102,000 for 600 Indian pupils; for general re- fairs and improvements, $15,000; and for remodeling sewer system, 5,000. Now, we gave the bureau all that it asked for with the ex- ception of cutting down the amount fQr repairs and improvements from $15,000 to $12,000, which was really a smaller cut than we made as to most of the repair and improvement items. Mr. Hawley. There was a cut of $3,300, as I understand it? Mr. Carter. $3,000. All of these other things asked for were not estimated for by the Indian Bureau at all but were placed in the bill at the suggestion of the Senator from that State because, I presume, he wanted to see the school built up. I find that the per capita cost at this school is $213.50, which is considerably above the average, although this is a very large school. The bureau usually tells us, when we ask about the high per capita cost at a school, that it comes about bv reason of the school being a small school, but this is a school of 600 ipupils. Mr. Hawlet. This is a ^ery large school. Mr. Carter. It seems to me that the per capita cost is very high, and it is so high that it Avould not seem to justify continuing the up- building of the school over other schools that have a less per capita cost. Mr. Hawley. We are not asking that any other school suffer, you understand, in order to provide for this one. The clerk of the com- mittee asked me to come here, and stated you were having a hearing on these items, and it was courteous, indeed, to notify me and allow me to make a statement. I have stated the conditions at the school and the reasons which moved Senator Lane to offer these amend- ments, and if the committee can see its way clear to make provision for these amendments I think it would be money very well expended. It will very greatly promote the health of the children in the school, and unless' school boys and girls are healthy and grow up stron , , » Mr. Meritt. We would like very much to have the item increased to $15,000. The item is discussed on page 111 of the Senate hearings and on page 390 of the House hearings. We asked for $18,000 and the Senate allowed us $15,000. Mr. Carter. Last year j^ou had only $13,000. Mr. Meritt. But we ha\'e a new agency that we are supporting out of this appropriation. Mr. Carter. That agency was not in existence during the year 1915 ? ^ ^ Mr. Meritt. No, sir. Mr. Carter. How much does that agency cost ? Mr. Meritt. It will cost $5,000 or $6,000 a year. Mr. Carter. I notice you had an unexpended balance of $3,300 in 1915. Mr. Meritt. We have been using some tribal funds that are no longer available for those agencies, and we feel that we will need at least the amount that is appropriated by the Senate, $15,000. Mr. Carter. The next amendment is No. 136, page 94, line 19, as follows : For the third installment in payment of $635,000 for water supply for irriga- tion of forty acres of each Indian allotment on the Yakima Indian Reservation irrigation system in the State of Washington, prn^•ided by the iict of August first, nineteen hundred and fourteen (Thirty-eighth Statutes at Large, page six hundred and four), $100,000 to be covered into the reclamation fund. Mr. Meriit. We estimated for this item to go into the sundry civil bill with the Montana irrigation items; we felt that it was more of a Reclamation Service item than an Indian item. This legislation is the result of the recommendation made by the joint Indian commis- sion which visited the Yakima Reservation two years ago and made a thorough investigation of the water rights of those Indians. The Indian Bureau has been contending for years that the Yakima In- dians had a right to one-half of the flow of the Yakima River, about 1,000 second-feet. There has been allowed heretofore only 147 sec- ond-feet to the Yakima Indians, and we felt that was a great injus- tice to those Indians. After the investigation by the joint Indian commission they reached the conclusion that the Indians were en- titled to at least 720 second-feet during the low-water season out of this river, and it is for the purpose of providing the Indians with this additional water that this appropriation is requested. It is car- rying out the recommendations of the joint Indian commission and also the act of Congress of August 1, 1914. Mr. KoNOP. You say this belongs to the sundry civil bill? Mr. Meritt. We aslted that it go into the sundry civil bill along with the Montana items; it was left out and it is now necessary to put it in the Indian bill. 166 INDIAN APPEOPRIATION BILL, lOll. Mr. Hayden. Heretofore the money for the Yakima project has been appropriated in the Indian bill? Mr. Meeitt. Yes, sir. ■, , ., x .i Mr. Hayden. When did you change the policy and ask that the appropriation be carried in the sundry civil bill ? Mr. Meeitt. This year ; we felt that we should ask that this appro- priation be carried in the sundry civil bill. Mr. Hayden. This is the first year that request was made? Mr. Meeitt. Yes, sir. Mr. Hayden. If you had known that the Committee on Appro- priations would not accept jurisdiction of this matter you would have includedl it in your estimates to this committee? Mr. Meeitt. Yes, dr. This item was discussed on page 5744 of the Congressional Kecord and was offered by Senator Jones in the Senate. Mr. KoNOP. It was offered in the Senate and not to the committee? Mr. Meeitt. Yes, sir. Mr. Caetee. It was not offered to the committee ? Mr. Meeitt. No, sir. It is in line, however, with our estimates to Congress. Mr. Caetee. The next amendment is No. 137, page 95, line 24, as follows: That the Secretary of the Interior be, and he hereby is, authorized to sell and dispose of any portion of the lands included within the limit* of the abandoned Fort Spokane Military Reservation, State of Washington, not necessary for hospital purposes, as provided for in Ihe act approved August first, nineteen hun- dred and fourteen (Thirty-eighth Statutes at Large, page five hundred and eighty-four), at not less than the appraised value thereof, and to use the pro- ceeds thereof in the establishment and- maintenance of such new schools and administration of affairs as may be required by the Golville and Spokane In- dians in said State. Mr. Meeitt. This item was offered by Senator Jones, of Washing- ton, on the floor of the Senate, and is discussed on page 5747 of the Congressional Record of March 28, 1916. There is a letter from the department, dated March 24, 1916, which reads as follows, the letter being addressed to Hon. Henry F. Ashurst, chairman Committee on Indian Affairs, United States Senate : Depaetmei^t of the Interior, Wasliington, March 2Jf, 1916. My Deae Sbnatob : I have the honor to acknowledge receipt of your letter of March 15, 1916, inclosing for report copy of an amendment intended to be proposed to H. R. 10385, authorizing the sale of the land In the abandoned Fort Spokane Military Reservation, Wash. The proposed amendment authorizes the sale and disposition of any portion of the lands included within said military reservation not necessary for hos- pital purposes at not less than the appraised value thereof. The lands in question are no longer needed for Indian school purposes, and Inasmuch as such lands as may be necessary for hospital purposes are expressly excepted from the operation of the proposed amendment, I see no objection to the enactment of the proposed amendment into law, provided that it be modified so as to make the proceeds available for use in the establishment and mainte- nance of such new schools and administration of affairs as may be required by the Golville and Spokane Indians. I suggest that this be accomplished by adding the following after the word " thereof," in line 8 of the proposed amendment : "And to use the proceeds thereof In the establishment and maintenance of such new schools and administration of affairs as may be required by the Golville and Spokane Indians in said State." INDIAN APPEOPKIATION BILL, 1917. 167 There is inclosed a redraft of the proposed amendment, with the modification above suggested incorporated therein, and as modified I recommend that the proposed amendment be enacted into law. Cordially, yours, Andeieus a. Jones, Hon. Henry F. Ashuhst, ^'""'' Secretary. Chairman Committee on Indian Affairs, United States Senate. Mr. KoNOP. How large is this military reservation; do vou know? Mr. Meritt. It is a very small reservation and contains 640 acres. Mr. KoNOP. Do you know what the probable amoimt of money will be which will be realized from the sale of this military reservation? Mr. Meritt. The land is said to be worth from $100 to $150 per acre. Mr. KoNOP. After this money is realized, you propose to construct and maintain Indian schools? Mr. Meritt. Yes, sir. Mr. KoNOP. After the money which you get for this military reser- vation is exhausted, what are you going to do with those Indian schools that you construct and maintain.? Mr. Meritt. When there are no longer tribal funds for their sup- port and maintenance we will ask for appropriations from Congress. Mr. KoNOP. Are these Indians now getting any education? Mr. Meritt. Yes, sir ; some of them are. Mr. KoNOP. Do you think that is the correct policy to follow, to sell this reservation and put the proceeds into new schools, and then when the money is gone come back to the General Treasury of the United States for money with which to continue those schools? Mr. Meritt. If the Indians are in need of school facilities, I would say that that would be the proper policy. Mr. KoNOP. What kind of schools do you propose to start there ? Mr. Meritt. Probably small day schools. Mr. KoNOP. Not boarding schools or industrial schools ? Mr. Meritt. No, sir. The tendency of the department is to enlarge and increase the day schools on various reservations. Mr. Carter. You have no boarding schools on that reservation now, have you ? Mr. Meritt. No, sir. Mr. Carter. How many day schools have you ? Mr. Meritt. I think there are three day schools on the reservation; Mr. Carter. The day school proposition is giving very satisfactory results, is it not? Mr. Meritt. Yes, sir. Mr. Carter. The next amendment is No. 138, page 97, line 11 , as follows : The Secretary of the Interior is authorized and directed to lease to citizens of the United States for mining purposes unallotted mineral lands on the diminished Spokane Reservation in the State of Washington for periods of 25 years with privileges of renewal, on such reasonable renewal conditions as may be determined by the Secretary of the Interior, and also with reasonable conditions, to be fixed by the Secretary of the Interior, providing for the prose- cution of mining development and operation. Such leases shall be made to applicants in the order in which applications shall be made. Free opportunity shall be given for prospecting of the said lands, and rental shall be based upon mining production, and shall be reasonable, and the proceeds of rental shall be paid into the Spokane Indian tribal fund. 168 INDIAN APPROPRIATION BILL, IMI. What have you to say about that? Mr. Meritt. That item was discussed on page 5746 of the Con- gressional Eecord, and Tvas offered by Senator Poindexter, of Wash- ington. Mr. Dill. Do j'ou know anything about the value of the mineral outcroppings on that reservation? Mr. Meritt. It is claimed by some that there are mineral deposits of value, but our reports have indicated that there is no great amount of minerals on that reservation. Mr. Dill. There are, I might say, some very fine outcroppings of topper there; I do not know how much thej' will amount to if de- veloped; and I want to say also that the old Germania Tungsten mine is on the northern border of this reservation, and there is every reason to believe that the deposits have extended across the border. Mr. Meritt. It is claimed that they have some tungsten on that reservation, and it is for the purpose of enabling development along that line that this item has been requested, I think. Mr. Dill. This item was in the last Indian bill and was approved in conference, was it not ? Mr. Meritt. I do not recall. Mr. Dill. I think Senator Poindexter states that in his remarks. Does the department approve the matter or not ? Mr. Meritt. I think the item is worded so that the interests of the Indians would be protected. Mr. Dill. Those Indians are about 600 in number ; I think that is what the figures show. Mr. Meritt. There are 611 Indians on that reservation. Mr. Dill. They are very poor, are they not? Mr. Meritt. Yes, sir. Mr. Dill. I think they have $25,000 to their credit. They have never been paid any money in the way of a per capita allowance, I believe. Mr. Meritt. I do not recall any per capita payment due them. Mr. Dill. The farm on the reservation is not bringing in any great return, is it? Mr. Meritt. No, sir. Mr. Dill. So that they are really in need of funds for tribal pur- poses, are they not ? Mr. Meritt. Yes, sir. They ha^•e less than $25,000 to their credit in the Treasury. Mr. Dill. I want to say for the record that there is every reason to believe that there is a great deal of valuable mineral land in this reservation, but it is tied up, as it is on all of the reservations. It is only a few miles out of Spokane and it is in line with some of those great copper mines. It is extremely important that this land be developed for them as soon as possible. Mr. Meritt. The department has asked Congress for general legis- lation which would enable us to make mineral leases on these reser- vations. Mr. Hatden. The difficulty about the legislation asked for is this, that it is proposed to give a man permission to make a lease and go upon the reservation; but the leases will be revocable leases, and he will not want to do it unless he has some protection. It is the same to INDIAN APPROPRIATION BILL, 1017. 169 difficulty that has been thrashed out in connection with the coal -leas- ing bill and the water-power bill. If there is to be a lease, it should not be a lease revocable at the will of the department, but it should be one subject to cancellation by a United States court only because of a breach of its terms and conditions. Then the man making the lease will knoAV ^vhere he stands. Unless you have some arrange- ment of that kind, I do not think it will be satisfactory. Mr. NoRTOx. Why not prescribe the terms and conditions of the lease ? Mr. Hayden. I think it would be more satisfactory to the Indians to have the lease based on the value of the ore in the mines. Then, if the mine is riot profitable, they will simply quit operating it. Mr. Carter. The conditions that would warrant a cancellation of the lease could be specified. Mr. Hayden. I have introduced a bill relative to mining leases which, I understand, is in the hands of a committee from the Indian Office, the General Land Office, and Geological Survey. I am look- ing for a report from the Secretary, and I hope to have it soon. I would be glad to get that report and submit it to the conferees. Mr. Dill. My reason and Senator Poindexter's reason for wanting this provision in the bill is that these minerals there are very close to other mines, and these Indians are so poor that they ought to have some returns from those mines if they can be had. If the bill that you refer to is passed, then this provision could be repealed. Mr. Hayden. The only thing I am suggesting is that we do not want to pass legislation holding out false hopes to those Indians. Mr. Dill. I think under this provision they would be benefited. As I understand it, the minerals there are extremely valuable. Mr. Meritt. We would like to develop all of those reservations that contain minerals, and would do it if we had the funds. Mr. Carter. The next amendment is No. 139, beginning with line 1, page 98, as follows : That there is hereby appropriated, out of any funds in the Treasury not otherwise appropriated, $95,000, to be used by the Coniuiissioner of Indian Aflfairs under the direction of the Secretary of the Interior, in the acquisition ot water riphts for the lands heretofore allotted to Indians, situated within the boundaries of the AVest Ol^anogan Valley irrigation distrist, Okanogan County, Washington, and for rhe payment of the proportionate operation and maintenance charges of the said district. The Secretary of the Interior is authorized to negotiate for said water rights and to pay therefor as he inay deem appropriate, such part of the sum lierein appropriated as he may deter- mine to be necessary for the best interests of the Indians: Provided, That nothing herein contained shall be construed to authorize any lien or claims upon or against said allotted lands not herein specifically appropriated for : Provided further. That the amounts expended under this appropriation shall be reim- bursed to the United States by the owners of the land on behalf of which sueli expenditure is made, upon such terms as the Secretary may prescribe, which shall be not less favorable to the Indians than the reimbursement required of settlers upon lauds irrigated umler the provisions of the reclamation act of .lune seventeenth, nineteen hundred and two (Thirty-second Statutes at Large, page three hundred and eighty -eight), and acts amendatory thereof or supple- mentary thereto; and if any Indian shall sell his allotment or part thereof, or receive a patent in fee for the same, any amount of the charge made to secure reimbursement remaining unpaid at the time of such sale or issuance of patent shall be a lien on the land, and patents issued therefor shall recite the amount of such item. Mr. Carter. What have you to say as to that ? 170 INDIAN APPEOPRIATION BILL, ISW. Mr. Meeitt. That is an item that was discussed beginning with page 570 of the Senate hearings, and was incorporated in the Indian bill at the request of Senator Poindexter. There has been an irriga- tion district formed, and we find that there are about 1,400 acres of Indian lands in that district. We would be glad to see the item car- ried in the Indian bill as finally passed. Mr. Carter. Why was not this estimate submitted before ? Mr. Meeitt. It was brought to the attention of the Indian Office after the Indian bill passed the House. Mr. Carter. The Indian Bureau knew nothing about it until that time ? Mr. Meeitt. We had general information about the situation, but we did not know that the matter was so urgent as it is. Mr. Dill. It was reported upon favorably by the department, was it not? Mr. Meeitt. Yes, sir; a favorable report upon it is contained in Secretary Lane's letter dated February 23, 1916, to be found on page 572 of the Senate hearings. It is estimated that it will cost about $63 per acre to irrigate this Indian land, and that is a very reasonable, cost for irrigation purposes in that part of the country. Mr. Dill. There is an annual maintenance charge of $4 per acre, which is assessed annually against all the land under the project? Mr. Meeitt. Yes, sir. Mr. Dill. This $63 per acre is to pay their proportionate share of the construction charges on this land? Mr. Meeitt. That is my understanding. Mr. Dill. This extra money would be for the purpose of pur- chasing water for those Indian lands. About how much of this money does the department think it would need or could use ad- vantageously if it were appropriated? Mr. Meeitt. I do not believe we would use the entire $95,000 during the present fiscal year. We could probably use to advantage $30,000. Mr. Carter. Why would you need that much of it this year? Mr. Meeitt. In getting water on the Indian allotments. We will make an effort to get as many Indians to farm their allotments as possible during the first year. Mr. Dill. It will take about $5,000 to pay the maintenance charges. That is the first item, and then you would require whatever addi- tional amount was necessary in buying water rights for the Indians to use on their lands. You think you could use about $35,000 in that way? Mr. Meeitt. Yes, sir. Mr. Dill. And it is not probable that more than that will be used the first year? Mr. Meeitt. No, sir. Mr. Caeter. The next amendment is No. 141, line 23, page 99, as follows : There is hereby appropriatPil the sum of $9.5,000, to be used in addition to the tribal funds of the Stoclibridge and Munsee Tribes of Indians, for the payment of the members of the Stoclibridge and Munsee Tribes of Indians who were en- rolled under the act of Congress of March third, eighteen hundred and ninety- three, equal amounts to the amounts paid to the other members of said tribe prior to the enrollment under said act, and such payments shall be made upon the certificate and order of the Commissioner of Indian Affairs upon claims being filetl with him, showing to his satisfaction that such claimants, or the INDIAK APPKOPEIATION BILL, W11. 171 ancestors of such claimants, were enrolled under the act of March third, eighteen hundred and ninety-three, entitled, "An act for the relief of the Stockbridge and Munsee Tribes of Indians of the State of Wisconsin." Mr. KoNOP. I have introduced in a number of Congresses a bill carrying an appropriation of $90,000, 1 believe, and I have had favor- able reports from the department upon it. I have been pressing it, and have offered it as an amendment to the Indian appropriation bill, but points of order have always been made against it. I think this is a just and honest claim that should have been paid long ago. I see they are asking $95,000, and as I remember it, the bills I in- troduced asked for only $90,000. What is the reason for the increase of $5,000? Is that ior interest? Mr. Meeitt. No, sir. AVe have looked into the claims carefully, and -Nve find that $95,000 will be required to meet all outstanding obligations. Mr. KoNOP. This will be in final settlement with those Indians? Mr. Meeitt. Yes, sir. Mr. Heejjandez. How did these claims arise? Mr. Meeitt. This amendment is intended to provide an appro- priation to pay certain members of the Stockbridge and Munsee Tribe of Indians enrolled under the act of March 3, 1893 (37 Stat. L., 744), the amotint of payments made prior to their respective enrollments. Section 6 of the act of February 6, 1871, provided for the determination of the persons who were members of the Stock- bridge and Munsee Tribe and their future relations to the Govern- ment. Two rolls were prepared, one containing Indians who it was thought desired to separate their relations from the tribe and become citizens, and the other those who desired to retain their tribal char- acter and remain under the guardianship of the Government. It subsequently appeared that some of those Indians who were placed on the first roll did not desire to sever their relations with the tribe, and they were again enrolled under the provisions of the act of March 3, 1893 (37 Stat. L., 744-745). The Indians enrolled under that act are entitled to payments of the amounts paid to other In- dians contained on the rolls during the time their names were omitted. Claims amounting to approximately $121,676.24 have been filed, and there is not a sufficient amount of money available to pay them. An appropriation of $95,000 is urgently needed to settle these claims. The Indians are very insistent that they be paid, but unless (he proposed appropriation is made nothing can be done for their re- lief. We have in the Treasury a sufficient amount with the appro- priation of $95,000 to meet the outstanding obligations. This item was discussed beginning on page 531 of the Senate hearings, and in those hearings you will find a letter from the department dated April 23, 1914, setting out the nature of the claims and explaining tte matter fully. Mr. Noeton. Should there not be a provision there to the effect that none of this money shall be subject to attorneys' liens or claims? Mr. Meeitt. We would have no objection to that amendment? Mr. Noeton. I think that ought to be added. Mr. Caetee. I notice that Mr. Hannan appeared before the Senate committee on this item. Mr. Meeitt. He is the Secretary to Senator La FoUette. Senator La FoUette at that time was not in the city. 172 INDIAN APPBOPRIATION BILL, 1917. Mr. Caeter. Did you say that there are no. attorneys' fees to be paid out of this? Mr. Meeitt. I know of no claims for attorneys' fees outstanding, but we would have no objection to the amendment suggested by Mr. Norton. Mr. Caeter. It really ought not to be in the Indian appropriation bill. Mr. KoNOP. Was there a contract approved by the Interior De- partment with any attorneys representing these claimants? Mr. Meritt. No, sir. Mr. Norton. The reason I suggest that is because it was brought to my notice that there were some attorneys here in this city who make it a practice to file claims against funds that are due Indian claim- ants. Now, I was told some months ago that they did not do that, but it has come under my personal observation that they are doing it. I saw an officer serving a notice of that kind in one case upon the Treasurer of the United States, and that was rather convincing proof to me that the practice was being followed. I inquired from the officer whether he had served papers in other cases, and he said, " Yes ; in a great many cases of that character." Mr. Meritt, do you know of attorneys filing claims against moneys due Indians in cases where appropriations are made for them and the distributions are provided for? Are those notices served upon you or upon the Treasury Department? Mr. Meeitt. Occasionally we have letters from attorneys who con- tend that Indians owe them attorneys' fees, and asking that they be paid out of any funds to the credit of those Indians in the hands of the Interior Department. Mr. Norton. Do you know of a series of claims having been filed by Mrs. Belva Lockwood ? Mr. Meeitt. Mrs. Lockwood has filed certain claims for attorney's fees, and I believe there was a contest between Mrs. Lockwood and Susan Saimders, a Cherokee Indian. There was an appropriation made for Mrs. Saunders under an act of Congress a year ago, and Mrs. Lockwood claimed attorney's fees out of that appropriation, and certain papei-s were filed in the Treasury Department in connection with that appropriation. Mr. NoETON. Have the Saunders people received their money ? Mr. Meeitt. My last information was that Mrs. Saunders refused to take the money out of the Treasury because this claim was pending. Mr. Norton. As a matter of fact, the payment of that claim has been enjoined by the courts on the request of the attorneys? Mr. Meritt. There has been some litigation, but it is in another department of the Government, and I am not thoroughly familiar with the details of it. Mr. KoNOP. For the further information of Mr. Norton, I waAt to say with reference to this claim of $90,000 for which I have been introducing bills, that I have received one letter from Mr. Thompson, of Oshkosh, asking me to urge the passage of this bill or claim ; and then Mr. Dennison Wheelock, an Indian attorney from Wisconsin, who appeared before the committee this year, also spoke to me about this, stating that it was a just claim; but I do not know whether those gentlemen have entered into any contract with the Stockbridge INDIAN APPKOPKIATION BILL, 1917. 173 and Munsee Tribes of Indians or not or whether their contract, if ^^jy^^^J^^^^^ has been approved by the Bureau of Indian Affairs. Mr. Meeitt. The Bureau of Indian Affairs has not approved any contract Avith either one of those attorneys regarding this claim Mr. Carter. The next amendment is No. 142, line 13, page 100, as follows : ' Jr o 5 Wisconsin SlOOw'' °^ pure-bred d^iiiy .nllle for the Oneida Indiiin Scliool, Mr. KoNOP. The first Imowledge I had of this item of $10,000 was when representatives of these Indians handed me a resolution adopted on January 28 last, by some committee representing the Oneida Indians. Among some of the things asked for in those resolutions was this appropriation of $10,000 to buy dairy cattle. I know they do have a nice farm there, and I think they need the cattle. That is all I know about this item. That was the first time I heard about it. Mr. Meritt. This item is discussed, beginning on paae 536 of the Senate hearings. It was not estimated for by the bureau; but, if Congress deems it proper, we have no objection to the appropriation being included in the bill. Mr. Carter. You have, on page 13 of the bill, a general item for industrial purposes, which provides for the purchase of cattle, among other things. Those cattle could be purchased out of that fund ? Mr. Meritt. They could be purchased from that fund if this specific appropriation is not made ; but if this specific appropriation is not provided, we would feel that we could use that appropriation to better advantage at other places, and I doubt if we would iinrchase those cattle for that agency. Mr. Carter. Then, do you think that the purchase of them is very necessary? Mr. ilERiTT. We could use this -to advantage; but we could use our general lump-sum appropriation to much better advantage at other places. Mr. Carter. Then, at least, you do not think that this is as hece.B- sary as the other purchases that you expect to make from the general appropriation ? Mr. Meritt. No, sir. Mr. Carter. The next amendment is number 143, line 6, page 101, as follows : Provided, Tliat, in order to train said Indians in the use and handling of money, not exceeding $25,000 of the above appropriation may be paid to them per capita or be deposited to their credit, subject to expenditure in such manner and under such rules and regulations as the Secretary of the Interior may prescribe. Mr. KoNOP. I think that is a good item; and I am thoroughly in sympathy with the plan of taking $25,000 of this fund and giving it to the Indians or placing it to their credit. Mr. DiLT>. What will they do with it? Mr. Kojv'op. It would be taken out of this $100,000 fund that wo allow the Pottawatomie Indians, the $25,000 to be either distributed or placed to their credit for use in buying implements or anything of that kind they may need. Mr. Meritt. This item is discussed on page 630 of the Senate hear- ings, and we will be glad to see the item carried in the Indian bill. 174 INDIAN APPEOPEIATION BILL, 1917. STATEMENT OF HON. JOSEPH HOWELI, A KEPRESENTATIVE IN CONGRESS FROM THE STATE OF UTAH. Mr. Caeteb. Mr. Howell, are there some amendments you wish to discuss? Mr. Howell. Yes, sir. Amendment No. 129 provides an appro- priation of $9,000 to construct a highway through the Kaibab In- dian Eeservation in the southeastern part of Utah. I understand that there is a project on foot for a highway between Colorado and Utah, passing through this reservation, and this appropriation is to enable the Secretary of the Interior to spend $9,000, or so much thereof as may be deemed necessary, in the furtherance of that project. Mr. KoNOP. Will that be sufficient for the purpose ? Mr. HoAVELL. That will be the proportionate share of the expense of the Indian reservation in the construction of this road. It is the j)lan in the expenditure of this money to employ Indian labor in the construction of the road. The road will be of benefit to the Indians and their property, and, in addition, it will afford them employ- ment. It will be of direct benefit to them. That is about all the information I have on that subject. Senator Smoot introduced the amendment in the Senate, and it seems to have met with the ap- proval of the Senate committee. Mr. Carter. The House committee has adhered closely to the rule that they would not appropriate money out of the Federal Treasury for roads on Indian reservations, the committee believing that the money should come out of the Indians' funds. Have these Indians any funds? Mr. Howell. I do not know that they have anv funds. They are right down in the extreme southeastern part of Utah. Perhaps Mr. Meritt knows whether they have or not. On page 90 you will find amendment No. 130, which is the next amendment I want to call to your attention. There is a little Indian community in Box Elder County where the Indians have their allot- ments, but they are not taxpayers. There is a little settlement of them in this county, and the educational board of the county have organized a school for them. Now, as I have said, these heads of families pay no taxes to the county, although they have their allot- ments. They pay no taxes to the county or State. The board of education of the county or the county authorities have gone ahead and established a school for the benefit of those Indians, and this item here carries only the expense of maintaining that school. The Commissioner of Indian Affairs is heartily in favor of it. The rea- son that it covers the year 1914 and 1915 is because the Indian appro- priation bill for those years failed of passage. This should have been provided for in the last bill, but it failed of passage. Mr. KoNOP. I thought that Mr. Meritt stated that these 23 Indians went to white schools, and that this $1,684 was for tuition, or, at least, that was my understanding of it. Mr. Howell. I think that is not correct; I think it is an Indian school. This little town of Washakie is largely made up of Indians, and is named after an Indian chief. The population of the town is chiefly made up of Indians, and this school is for the benefit of Indian pupils primarily. INDIAN APPKOPEIATION BILL, 1911. 175 Mr. Carter. It is maintained by the school district ? Mr. Howell. Yes, sir ; it is maintained by the school district. Mr. KoNop, Why is it that they have their allotments and are not taxed? Mr. Meritt. This is not an Indian school in the sense that we have a school there under Government supervision. It is a local school, but Indians go to it. Mr. Howell. It is a local school maintained by the board of edu- cation of the county for the benefit of the Indians, or the Indian pupils. Mr. KoNOP. Are there any white people in this school? Mr. Howell. I think not. If there are any, there are very few. Mr. KoNOP. Are there any other schools in that immedite vicinity? Mr. Howell. There are a number of small towns in the county. The county constitutes one school district under the board of edu- cation. There is a school in every community, but all of them are under the jurisdiction of the county board of education. They established this school primarily for the benefit of the Indians in and around the town of Washakie. Amendment No. 132 provides $1,000 to protect the north abutment of the Government bridge at Myton, Utah, from high water. This is a bridge which was built at a cost of $15,000 by the Government some years ago for the convenience of the Indians on the Uintah Reservation and of the whites. There is very great danger at this season that the bridge may be seriously injured because of the pre- vailing high waters throughout the State. We have had an unprece- dented depth of snow all over Utah this winter, and the rivers and mountain streams are very high. Great damage has already re- sulted from the high water in a great many localities. It is deemed necessary that this $1,000 be appropriated and that it should be made immediately available in order to protect this valuable bridge from any possible danger from high water at this season of the year. Mr. Carter. In this case, have these Indians sufficient funds to pay for this? Mr. Howell. I might say that this bridge was built from Indian funds, and if they have the money in the Treasury I presume that it will be entirely proper to charge the cost of the repair and mainte- nance of the bridge to that fund. The next amendment is No. 133, and provides for the opening up to settlement of certain lands in the Uncompahgre Indian Reserva- tion. I might say, in the first place, that legislation touching these lands has been upon the Indian appropriation bill before, and in 1894, I think it was, a commission was appointed to make allotments to the Indians. Provision was made that the Indians on this Uncompahgre Reservation might take their allotments on that reservation or on the Uintah Reservation. It was provided, in making these allotments, that all the unallotted lands should revert to and become the prop- erty of the United States, and that they should be reserved, with the minerals on them, for future disposition by Congress. In 1903 there was an item in the Indian appropriation bill providing that the even sections of this reservation should be sold by proclamation by the President of the United States, and in 1906 there was quite a large tract of land sold. From that time until the present these lands 176 INDIAN APPKOPEIAXION BILL, 1917. have been tied up. The Secretary of the Interior is very anxious to have them opened and has written a letter recommending the passage of this item in the bill. He has recommended that the land be throAvn open under the general land laws of the country. There may be some question about this being on the Indian appropriation bill, but it ap- pears that all the legislation dealing with this tract of land has been had on Indian appropriation bills in 1894, 1897, and 1903, and now it is proposed that the land be opened under the general land laws of the United States. Without taking the time to read it, I would like to insert in the record this letter from the Secretary of the Interior, recommending this provision. (The letter referred to is as follows:) Department of the Interiob, Washington, January 7, 1915. Hon. Heney L. Myers, Chairman Committee on Public Lands, United States Senate. My Dear Senator: I am in receipt of your request for report upon S. 6623, Sixty-third Congress, second session, providing that lands and the minerals therein within the former Uncompahgre Indian Reservation, in the State of Utah, reserved for future action of Congress by the acts of March 3, 1903 (32 Stat., 998), and June 7, 1897 (30 Stat., 87), as containing gilsonite, asphaltum, elaterite, or otlier like substances, shall, unless otherwise reserved, he immedi- ately opened to settlement, location, occupation, and entry under all the land laws of the United States. The act of June 7, 1897, supra, opened to location and entry under the land laws of the United States the unallotted lands in the former Uncompahgre Indian Reservation, except lands containing the substances named, the title to the latter being reserved to the United States. The act of March 3, 1903, supra, validated certain locations made upon the lands in question under the mining laws, provided that the even-numbered sec- tions containing the minerals named might be disposed of by the. President in tracts not exceeding 40 acres each, and that the balance of the lands and all mineral therein should be specifically reserved for future action of Congress. This reservation, it will be noticed, was of the odd-numbered sections within said former reservation. The act of June 21, 1906 (34 Stat., 376), validated and confirmed, as against the United States, certain patents issued upon said lands prior to March 3, 1903, upon locations made prior to January 1, 1891. The Director of the Geological Survey reports that, in so far as he is advised,, no elaterite, ozocerite, or sand asphaltum has been produced in commercial quantities from these lands, but there are in existence therein extensive and valuable veins of gilsonite, estimating that there are situated upon the even- numbered sections within said reservation upon unpatented lands 20 miles of veins and upon the odd-numbered sections 30.2 miles of veins. Letters have been written to this department by some residents of the State of Utah, urging the opening of these minerals to disposition under the general raining laws, on the ground that this would open to lo(?ation and entry by tlif general public considerable areas of land containing the minerals described, and promote a healthy, competition with the owners of the (lei>osits, the title to which has heretofore passed from the United States. Upon careful consideration of the entire matter, I am of the opinion that the lands in question should be opened to dispositicm under the public-land laws. It is presumably the intent of the liill that lands containing valuable deposits of gilsonite or other minerals shall be subject to location, entry, and patent un- der the general mining laws of the United States, and the nonmineral lands, if" any, be subject to disposition under aiipropriate nonmineral laws. In this con- nection, attention is directed to the act of July 17, 1914 (Public, No. 128), "An act to provide for agricultural enfi-y of lands withdrawn, classified, or reported as containing phosphate, nitrate, potash, oil, gas, or asphaltic minei-als." In order to make it entirely clear that the lands in question, if mineral, shall he opened only to location and dispo.sition under the mining laws, and if non- mineral, only under the nonmieral land laws of the United States, it might be INDIAN APPKOPKrATlflN- BILL, ltll7. J'J'Y therSn." ..'uMdm.u i„ ,lu. dia.-.ict.-r of t),e lumls ,u- of the ,„inenU doposite ^ Cordially, yours, Franklin K. Lank. This act has the sanction of the President, and if y.,u adopt this provision you will simply be completing a series of bills dealing with the subject. '= Mr. KoNOP. I heard a statement made to the committee iust before you came m, to the eflect that a bill covering the same purpose had passed the Senate and was now before the Committee cm Public Lands. Mr. Howell. Before the Committee (Ui Indian Affairs. Mr. KoNOP. Xo ; it was referred to the Committee on Indian Af- fairs, and then jurisdiction was taken from this committee and it was referred to the Committee on Public Lands. Mr. Howell. I suggested to the chairman of tlie committee, Mr. Stephens, that I had introduced a bill which was referred to the Committee on Public Lands : but as this Senate bill was originally referred to this committee, and as it dealt with an Indian reserva- tion, I suggested that, as it had been referred to this committee, it take jurisdiction of it: and Mr. Stephens said. "All right.'' After I had rescinded the request to have it submitted to the Committee on Public Lands he said that the Committee on Indian Affairs, inas- much as it was referred to it, would take jurisdiction of it. But, anyway, you have jurisdiction of it in this bill. I think that is all I wish to say, and I thank the committee. I think it Avould be en- tirely proper to consider this, because all of the legislation on this subject is connected with Indian legislation, and this simply con- templates legislation touching that question. Mr. Carter. The next amendment is No. 144, page lOy. line 1, as follows : Provided. That uo lands shall be cleared for agricultural purposes, pursuant to the foregoing provision, excepting such lands as have been heretofore com- pletely and wholly cut over. Mr. Meeitt. That item was discussed on page 651 of the Senate hearings. This amendment was suggested by Senator La FoUette, of Wisconsin, who has taken a great interest in the project. We see no objection to the amendment. Mr. KoNOP. I do not think there will be any objection to that. Mr. Carter. The next amendment is No. 145, page 102, line 4, as follows : Section three of the act of March t^venty-eighth, nineteen hundred and eight (Thirty-fifth Statutes at Large, page fifty-one), is hereby amended to read: " That the lumber, lath, shingles, crating, ties, piles, poles, posts, bolts, logs, bark, pulp wood, and other marketable materials obtained from the forests on the Menominee Reservation shall be sold under such rules and regulations as the Secretary of the Interior may prescribe. The net proceeds of the sale of all forest products shall be deposited in the Treasury of the United States to the credit of tlie Menominee Tribe of Indians. Such proceeds shall bear interest at the rate of four per centum per annum, and the interest shall be used for the benefit of sufh Indians in such manner as the Secretary of the Interior shall prescribe." Mr. KoKOP. This item was submitted to this committee when it had the bill under consideration, was it not? 8(J.'W5— I'T o— 10 V2 178 IN'DTAN APPROPEIATION BILK, 1017. Mr. Meuitt. Yes, sir. Mr. Koxov. This is simply to get away from a lot of red tape that has to be gone through in order to sell the products of the mills. Mr. Mkeitt. Yes, sir. This item was included in our estimates and was discuissed on page 408 of the House hearings and also on page 518 of the Senate hearings. Under section 3 of the act of March 28, 1908, we are required to sell the products of the Menominee mills for cash. That embar asses us somewhat in competing with other milling operations. If we could sell the lumber and the other products of the mill on the basis of 60 or 90 days' credit, we could earn $50,000 more a year for the Menominee Indians. This is very important legislation and is solely for the benefit of the Indians on that reservation. Mr. KoNOP. I know this to be the fact, that when any lumber dealer from any town in Wisconsin, say Oshkosh, Green Bay, or any other place, goes over to the mills and tries to buy any lumber there, even though there may be lumber that he wants, he can not afford to take it because he can not pay spot cash, but requires 60 or 90 days, but they can not give him that credit, so he goes somewhere else where he can get those terms, and the superintendent told me they were greatly hampered in making sales of the lumber being manufactured at the Menominee mills. Mr. Meeitt. This legislation has been recommended by every one who has ever looked into the affairs of that mill. Mr. Cartes. The next amendment is No. 146, page 102, line 18, as follows : That withoiii bii's or prejudice to the rights or interests of any party to the litigation now pending, the Secretary of the Interior be, and he hereby is. authorized to sell the timber on the so-called " school lands " and " swamp lands " within the boundaries of the Bad River and Lac du Flambeau Indian Eeservations in Wisconsin, and to which the State of Wisconsin has asserted a claim ; to Iieep a separate account of the proceeds of such sale with each legal subdivision of such land and to deposit the said proceeds at interest in a national bank, bonded for the safe-keeping of individual Indian moneys, to be paid over, together with the interest thereon, to the party who shall finally be adjudged to be the owner of such land: Provided, That the consent of the State or parties claiming title therefrom be obtained before any such sale shall be made. Mr. Meeitt. This proposed legislation was included in our esti- mates, and reference to it is found on page 408 of the House hear- ings and 623 of the Senate hearings. There is some dispute as to the ownership of the land, and there is timber on this land that should be sold. The milling companies are gradually manufactur- ing the surrounding timber, and if we do not get this legislation soon this timber will be left standing and the mills will be moved away, and it will be almost impossible to sell the timber for its real value. Mr. KoNOP. Mr. Esch, of "Wisconsin, introduced a bill which was referred to this committee and, I think, it was considered by a sub- committee; this was two or three years ago, and a favorable report was made to the full committee, but the full committee never re- ported it to the House. That bill provided for a commission to settle these differences that are now existing in Wisconsin by reason of this contest as to who owns the land and who owns the timber. This condition does not only prevail on the Lac du Flambeau Eeservation but also on the Menominee Indian Reservation, and on other reser- vations in Wisconsin. Is not that true, Mr. Meritt? INDIAN APPKOPBIATION BILL, 1911. 179 Mr. Meeitt. There is a dispute as to the ownership in fee of the land on a number of those Wisconsin reservations. Several cases have been taken to the courts. There is a case now pending in the Supreme Court, I believe, involving this subject. Mr. KoNOP. As a matter of fact, the history of this is very brief : In 1847, under the enabling act, the P^ederal Government gave to the State of Wisconsin every section 16 in each township and all swamp lands for school purposes. Subsequent to the passage of that enabling act they created these reservations, the Menominee Indian Reservation and these other reservations. The State of Wis- consin has patented some of these sections, or some parts of these sections, to private individuals and now the Indians are in possession of them, and there has been considerable controversy as to who is entitled to every section IG of these sax- amp lands — whether the State of Wisconsin is entitled to them, whether the United States Govern- ment did not intend to give them to the State for school purposes, or whether the Indians are entitled to them. Mr. Norton. Are there reservations in Wisconsin that have not been opened to settlement '( Mr. KoNOP. Oh, yes. Mr. Norton. And the lands on those reservations are not allotted to the Indians ? Mr. KoNOP. Well, take the Menominee Indian Reservation, which is close to my district, part of it being in my district, and it has not been allotted. Mr. Norton. It is held by the tribe in common? Mr. KoNOP. Yes. But there are sections 16 in that Menominee Indian Reservation, or parts of section 16 in the Menominee Indian Reservation, for which the State has given patents to private indi- viduals. Now, they do not know whether they own them or whether the Indians own them, or whether the Sta^e owns them. For that reason Mr. Esch has introduced a bill in this Congress, H. R. 11071, providing for the appointment of a commission of three persons to go down there and find out just what the trouble is and devise some way of settling it. Mr. Norton. Is not that a matter for the courts to settle ? Should not that be tried out in a court by all of the interested parties? Mr. KoNOP. They have taken it into the courts and the courts say the Indians are entitled to a possessory right. Mr. Norton. That would be a matter purely for the adjudication of the courts. Mr. Meritt. The decisions of the courts so far have been favorable to the possession of the lands by the Indians so long as they hold the lands in common. Mr. KoNOP. The courts say the Indians have a possessory right. Mr. Meritt. We have no objection to the item now in the Indian bill, but we would like, if this legislation is to be changed, for an opportunity to be given us to submit a report on any proposed change. Mr. Norton. What item is that? Mr. Meritt. Amendment No. 146, on page 102. Mr. KoNOP. I am merely suggesting to the committee of conference that Mr. Esch has introduced this bill again, and that his former bill bad the unanimous report of the pubcommittee to the full committee, 180 INDIAN APPEOPEIATION BILL, 1911. and that if possible his bill be inserted as a substitute for amendment 146. Mr. Norton. It would seem to me that the Secretary could go ahead and sell the timber on those lands and then if the State had any right to it it could come in and enjoin the Secretary from selling and thus ha^^e the matter determined by the courts. I think that that matter should be determined and that it can be determined in the courts without any legislation. I do not think the legislation changes it one way or the other. Mr. Carter. The next amendment is No. 147, page 103, line 8, as follows : The Mllotment of any Indhui on the J^ac ilu Fh^mbeau lleservution, in the State of Wisconsin, or any part of sucli an allotment, with the consent of the allottee, or, in case of death of his heirs, may )ie leased for residence or business pui'poses for terms not exceeding t\\'ent^' years, under such rules and regula- tions as the Secretary of the Interior may rtrescribe, and with the consent of the Indians of the Lac du Flambeau Tribe, to be obtained in such manner as the Secretary of the Interior may require, the unallotted tribal lands within the said reservation may be leased under like cimditions and for similar terms and purposes. Mr. Meriii'. This item was included in our estimates. It is justi- fied on page 409 of the House hearings and is discussed on page 520 of the Senate hearings. We are simply asking permission to lease for residence or business purposes for terms not exceeding -20 years the lands on this reservation. This place is quite a summer resort, and we feel that the Indians can derive a handsome income from their propei'ty if this legislation is enacted. Mr. Carter. What do you mean by the langTiage " with the consent of the allottee, or in case of death of his heirs " ? Mr. Meeitt. We simply do not care to make a lease without getting the consent of the allottee or, in the event that the allottee is dead, the consent of the heirs. Mr. Carter. You do not say that ; you say " or in case of death of his heirs." Mr. Meritt. That is a typographical error. Mr. KoNOP. I would say " in case of his death." Mr. Meeitt. A comma after the word "' death," in line 11, would correct that. That would make it clear. Mr. KoNOP. Why not say "' with the consent of the allottee or his heirs " ? A man has no heirs until he is dead. I "would suggest that you strike out the words " in case of death of," and that would make it perfectly clear. Mr. Meritt. Yes, sir ; we could make it read " with the consent of the allottee or his heirs." Mr. Gandy. Mr. Meritt, ought there not to be some provision there with relation to whether the Indian OAvner of the land is competent or restricted, or anything of that kind? It is understood that re- gardless of the competency of the Indian this legislation is proposed to give the department power to lease his allotment, although he may be using it himself and may be competent to handle it ? Mr. Meritt. We would not care to handle the property of any In- dian who has received a patent in fee, and it might be well to have this legislation relate to any restricted Indian. Mr. KoNOP. The conditions up there are these : That a lot of suni- 'jicr people go to this place as a resort, and they want to lease some INDIAN APPROPRIATION BILL, 1911. 181 property on which to build a cottage or a shanty for summer pur- poses ; they want a lease for probably 10 or 15 years ; and I think it would mean a pretty good sum of money for the Indians. Mr. Carter. The next amendment is No. 148, page 103, line 19, as follows : With the consent of the Indians of tlie Lac Court Oreilles Tribe, to be ob- tained in sucli manner as tlie Secretary of tlie Interior may require, flowage rights on the unallotted tribal lands, and, mth the consent of the allottee or of the heirs of any deceased allottee and under such rules and regulations as the Secretary of the Interior may prescribe, flowage rights on any allotted lands in the Lac Court Oreilles Reservatiou, in the State of A¥isconsin, may be leased or granted for storage-reservoir purposes. The tribe, as a condition to giving its consent to the granting or leasing of flo^\'age rights on tribal lands, and any allottee or the heirs of any deceased allottee, as a condition to giving his or their consent to the leasing or granting of flowage rights on their respec- tive allotments, ma.\' determine, subject to the approval of the Secretary of the Interior, what consideration or rental shall be received for such flowage rights, and in what manner and for what purposes such consideration or rental shall be paid or expended ; and the consideration or rental shall be paid or expended under such rules and regulations as the Secretary of the Interior may prescribe. Mr. Meritt. This item was offered by Senator Smith, of Michigan, on the floor of the Senate and was incorporated in the Indian bill. Eeference to it is found on page 5741 of the Congressional Eecord of March 28, 1916. We have considered carefully the wording of this item, and we feel that it will protect the interests of the Indians. Mr. Carter. What do you mean by " flowage rights " ? Mr. Meritt. It is intended, if this legislation passes, to dam a river in Wisconsin, and the water will back up on certain Indian allotments, and we will require full compensation for any damages done to the lands of the Indians. Mr. Carter. Does anybody know what that means— flowage rights? Mr. Meritt. That is the technical term. Mr. KoNOP. As I understand flowage rights, they refer to dram- age rights. If you want to dig a ditch across another man's land m order to dram the land, you refer to flowage rights. Mr. Dill. I think that is what it means. Mr. Carter. Mr. Hernandez, do you know what flowage rights Mr Hernandez. According to Mr. Meritt, it is the inundating of the land of another; it means the submerging of it with water, and that is what I understand it means. Mr. Carter. The next amendment is No. 149, page 104. line lo, as follows : For the repair and construction of sidewalks in the village of Odnnah, within the Bad River Reservation, $1,000, said sum to be remibursed to the United States from any moneys which are now or which ma>- hereatter be placed to the credit of the Bad River Band of Wisconsin Chippe^va Indians. Mr Meritt. That item is discussed on page 530 of the Senate hear- ings The town of Odanah is on the Bad River Reservation m Wis- consin, and the sidewalks in that town are m bad condition. Mr Carter. What have we to do with the town ot Odanah { Mr! Mekitt. It is an Indian town. This is a reimbursable appro- nr^ation and we see no objection to the item. ^ Mr KoNOP. Have they no more than $1,000 in the Treasury ? The provision is " from any moneys which are now or which may hereafter 182 INDIAN APPROPRIATION BILL, 1917. be placed to the credit of the Bad River Band of Wisconsin Chippewa Indians." . . Mr. Meeitt. They have no funds in the Treasury at this time, but they will have funds to their credit. Mr. Carter. The next amendment is No. 150, page 104, line 21, as follows : For the comDletion of the road on the Red OlifC Keservation, $6,500', to be reimbursed out of the funds of the Indians of said reservation, under such rules, regulations, and conditions as the Secretary of the Interior may prescribe. Mr. KoNOP. Is there a Red Cliff Reservation in Wisconsin? Mr. Meeitt. Yes, sir; it is located on the shore of Lake Superior. Mr. Carter. What have you to say about this ? Mr. Meeitt. We have expended some funds on a road, and we would like to have this appropriation in order to be able to com- plete the road. The item is discussed on page 632 of the Senate hearings. Mr. Carter. Have these Indians any funds on hand? Mr. Meritt. No, sir. Mr. Carter. Have they anything from which funds may be de- rived ? Mr. Meeitt. They may have some surplus lands from which they may be able to reimburse this amount. Mr. Carter. Is the department authorized to sell those surplus lands ? Mr. Meritt. I find from the record of the office that these Indians have no surplus lands. Mr. Carter. The next amendment is No. 151, which is the correc- tion of a section number. Amendment No. 152 is a change from $1,721.66 to $1,721. That amendment strikes off 66 cents. Mr. KoNOP. Was that done on the floor of the Senate or in com- mittee ? Mr. Meritt. That was done in the Senate Indian Committee, and reference to it is found on page 115 of the Senate hearings. Mr. Carter. The next amendment is No. 153, on page 106, line 8, as follows : Including the ceded lands of said reservation in Wyoming, $5,000. What have you to say about that ? Mr. Meritt. That item was discussed on page 117 of the Senate hearings. The item was included by the Senate committee at the request of Senator Clark of Wyoming. They want to broaden the item so that the investigation may vovev lands included within the ceded part of the reservation. Mr. Caetee. Will that not really mean, Mr. Meritt, an appropria- tion in the end ? Mr. Meritt. The object of this amendment is to have an investiga- tion made with a view of further expenditures for irrigation purposes on the Shoshone Reservation. Mr. Dill. "What are the ceded lands? Mr. Meritt. Lands that were formerly within the Wind River Reservation which had been opened to public entry. Mr. Hayden. Mr. Mondell spoke about this matter before the cormmittee ? INDIAX APPKOPRIATIOX BILL, lia7. 183 Mr. Meuiti'. Yes, sir Mr. Ca] ds follows Mr. Carter. The next amendment is No. 155, page 106, line 15, For payment of snlar.v and ^'xpeiises ,>f Joseph H. Non-is as supervisor of Indian schools, October t«'enty-tirst to Novembor eleventh inclnsive nineteen hunclreeuled. Insert in lieu thereof : Sec. 27. That section twenty-six of the Indian appropriation ;ict apiiroved June thirtieth, nineteen hundred and thirteen (Thirty-eighth Statutes at Large, page one hundred and three), is hereby amended .so as to read as follows : " On or before the fir.st day of .July, nineteen hundred and seventeen, the Secre- tary of the Interior shall cause a system of bookkeeping and accounting to be installed in the Bureau of Indian Affairs which will afford a ready analysis of expenditures by appropriations and by units of the service showing for each activity or class of work the expenditures for salaries and wages of employees ; construction, repair, and rent of buildings ; traveling expenses ; transportation of supplies ; stationery, printing, and binding ; telegraphing and telephoning ; heat, light, and power service ; dry goods, clothing, and subsistence ; purchase, repair, and operation of passenger-carrying vehicles ; equipment ; fuel ; fui'age ; school- room supplies ; medical supplies ; and for other pur])0ses. Such furiher analysis and such additional changes and improvements in the system of bookkeeping and accounting shall be made as may be advisable in the judgment of the said Secretary " On the first Monday in December, nineteen hundred and eighte;>n, and annu- ally thereafter, a detailed statement of expenditures, as heretofore described, 184 INDIAN APPEOPRIATION BILL, 1911. for the preceding fiscal year shall be transmitted to Congress by the Secretary of the Interior. " The sum of $12,000 is hereby appropriated for expenses of installing the new system of bookkeeping and accounting required by this section, including the pay of expert accountants, at a rate of not exceeding $15 per day, and their assist- ants, to be employed by the Secretary of the Interior ; transportation and sleep- ing-car fare of such employees when traveling under orders of the Commissioner of Indian Affairs ; and the purchase of such books, stationery, and other supplies as may be necessary." What justification liave you for this change, Mr. Meritt? Mr. Meritt. This new item, Mr. Chairman, is along the lines of the estimates submitted to Congress and is found on page 419 of the House hearings. Mr. Caetee. What connection has the language stricken out with the language inserted? They do not seem to have any connection at all. Mr. Meritt. The language stricken out is very far-reaching and would require us to make reports to Congress and to make estimates to Congress which would entail a great amount of work. Mr. Carter. It would require you to make the same estimate^ that you are required to make with reference to Treasury funds? Mr. Meritt. Yes, sir. Mr. Carter. Nothing more than that'^ Mr. Meritt. It is almost impossible to anticipate the amount of funds that will be on hand belonging to the tribes and also the amount that we may need to use out of the tribal funds. Mr. Dill. You anticipate it in the case of funds from the Treasury? Mr. jNIeritt. Yes, sir. Mr. Dill. How much more difficult would it be to anticipate it in the case of private funds than in the case of the Treasury funds? Mr. Meritt. Conditions constantly arise on these various reserva- tions that it is difficult to anticipate. We are required to submit our estimates almost a year in advance of the time when the appropriation will be available. Mr. Dill. But there are some Indian tribes that have no tribal funds from which the department can spend money ? Mr. Meritt. That is true. Mr. Dill. And you are compelled to make your estimates as to how much you will need ? Mr. Meritt. Yes, sir. Mr. Dill. This would simply mean that you would extend it to all the Indian reservations? Mr. Meeitt. Yes, sir. Mr. Dill. There is another question that I should like to ask you. I notice that you want to amend the act of 1913. What is the reason for making it so much more in detail? The act of 1913 is much briefer and provides for — a ready analysis of expenditures by ai)pr(jpriations and allotments and by units of the service, showing for each class of -work or activity carried on the expendi- tures for the operation of the service, for repairs and preservation of prop- erty, for new and additional property, salaries, and wages of employees, and for other expenditures. What is the reason for wanting the detailed analysis provided for in this amendment? INDIAN APPROPRIATION BILL, 1917. 185 Mr. Meeiit We want to get the analysis along the lines of the new method ot bookkeeping that we hope to establish in the Indian Bu- reau. Mr. Dill. For what purpose ? %■ Meeitt. So as not only to give the officials of the Indian Bu- reau but Members of Congress detailed information on these various subjects. Mr. Dell. This $12,000 is for the purpose of establishing such a system? Mr. MEErrr. It is for the purpose of establishing and installing that system. Mr. Dill. You already have a system sufficient to meet the require- ments of the act of 1913, and you make reports under that act ? Mr. Mebitt. No, sir ; because the appropriation was not made to carry out the provisions of that act, and we have been endeavoring either to get the appropriation or a repeal of the act. We submit an- nually detailed information to Congress on various subjects. We now submit about 20 annual reports to Congress. Mr. Dill. The act of 1911, under which you make reports on expenditures, is the one you have reference to ? Mr. Meritt. Yes, sir; that is one of them. We should like to have the appropriation of $12,000 made immediately available, be- cause we want to purchase the new books and have the forms printed at the Government Printing Office prior to July 1, so that we can put the system in operation on that date. Mr. Dill. The installing of this system ^Yould have nothing what- ever to do Avith section 2G. which has been stricken out, as to esti- mates ? Mr. Meeitt. No, sir ; it would not. Mr. Dill. The only effect of section 26 would be that it A\o\ild probably necessitate an increase in the clerical force. Mr. Meritt. It would entail considerable work. Mr. Dill. It would not necessitate any new system of bookkeep- ing? Mr. Meritt. No, sir. Mr. Gandy. I am not familiar with conditions on reservations outside of South Dakota, but on each reservation in South Dakota there are a large number of members of the tribes who ai-e compe- tent and are handling their own affairs, are they not? Mr, Meritt. Yes, sir. Mr. Gandt. On each of the reservations in South Dakota the Indians have some funds, and there are expenditures more or less from tribal funds, are there not ? Mr. Meritt. Yes, sir. Mr. Gakdt. Do you not think that the Congress of the United States or the members of those tribes ought to have something to say about how much or how little of their funds shall be expended? Mr. Meeitt. Congress has given the Secretary of the Interior authority to use tribal funds in certain cases in his discretion. Mr. Dill. That is included in the series of acts referring to dif- ferent tribes — first one year and then another ? Mr. Meritt. Yes, sir. 186 INDIAN APPBOPEIATION BILL, 1911. Mr. Dill. And unless there is such a provision you can not expend the money ? . • i Mr. Meeitt. No, sir; we do not expend tribal moneys without authority for it. Mr. Gandy. In these expenditures the members of the tribes to whom the money belongs have nothing whatever to say as to how their money will be spent ? Mr. Meritt. Very frequently the department uses tribal funds without taking the matter up with the tribe. Mr. Carter. That is the rule ? Mr. Meritt. Yes, sir. Mr. Carter. Mr. Meritt, you are familiar with the language of a similar provision to this which was placed in the Indian appropria- tion act of 1912? Mr. Meritt. Yes, sir. Mr. Carter. With reference to the Five Civilized Tribes? Mr. Meritt. Yes, sir. Mr. Carter. And which has done about the same thing that the Dill item would do, and has accomplished the same thing which Mr. Dill's item would accomplish with reference to other tribes ? Mr. Meritt. Yes, sir. Mr. Carter. Your bureau appeared before the committee and offered very strong objections to that item, did it not? Mr. Meritt. I do not recall the attitude of the office. Mr. Carter. I recall it quite well. At that time the representatives of the bureau appeared before the committee, and they made the same argument against the provision that has been offered against this item. Mr. Meritt. I do not recall the argument that was made by the Indian Bureau against that legislation. Mr. Carter. The representatives of the Indian Bureau made the • same arguments, to wit, that it was a complete reorganization amend- ment, that it would create havoc in the service, and that they could not possibly say how much of the tribal funds of the Five Civilized Tribes it would be necessary to use. That has not really caused any havoc in the administration of the affairs of the Five Civilized Tribes, has it? Mr. Meritt. No, sir. That legislation, however, excepts the ex- penses for the tribal schools, and we are not required to estimate specifically for those expenses. Mr. Carter. You Avould not have any objection to this item, if it excepted the schools? Mr. Meritt. Yes, sir; because we are constantly having to make expenditures for administrative purposes. Mr. Carter. Your principal objection is the interference it would cause with the schools ? Mr. Meritt. That would be one objection only. The principal objection would be the difficulty of drafting the Indian bill and pro- curing all the detailed information as the basis for the estimates. We now have probably the most difficult bill that is submitted to Con- gress. We have so many individual items in our bill that necessitate INDIAN APPEOPEIATION BILL, 1917. 18Y a great deal of bookkeeping, and it would be a great burden to justify these items to Congress and to get the proper estimates from the field. Mr. Hatden. As far as you are concerned, you would like to have Congress make a lump appropriation of $9,000,000 or $10,000,000 and then not bother Congress about Indian Affairs at all ? Mr. Meeitt. I really think if Congress would give us a lump-sum appropriation and require us to submit detailed reports of those ex- penditures to Congress that we could expend it to better advantage than by having so many small appropriations. Mr. Hatden. It is very unfortunate that Congress exists at all, except to appropi'iate money. Mr. Meeitt. I might say in that connection that the new bureaus that have been established have a much more liberal attitude in the expenditure of their appropriations than the older bureaus of the Government. Mr. Hatden. I would be very much obliged if you would submit to the committee some of the organic acts creating bureaus which grant as liberal latitude as the Indian Bureau has. As a matter of fact, every appropriation bill except the Indian appropriation bill requires that the salaries shall be statutory. If you will refer to the bills reported from the Appropriations Committee you will find that to be true. This year the Committee on Agriculture has made all salaries in the Department of Agriculture statutory instead of allow- ing a lump sum to be spent. I think, as a matter of fact, that you have a freer hand in the Indian Bureau than almost any other bureau of the Government. Mr. Carter. You will admit, Mr. Meritt, that if Congress has to appropriate this money it would be adding a somewhat closer super- vision ? Mr. Meritt. Yes, sir. Mr. Carter. And that it would be a system of check and balance, of which you have spoken so eloquently. Mr. Meritt. Yes, sir. Mr. Carter. The Federal Government handles these Indian funds in a fiduciary capacity, does it not? Mr. Meritt. Yes, sir. Mr. Carter. In the capacity of guardian to ward? Mr. Meritt. Yes, sir. Mr. Carter. You are required to come to Congress with an esti- mate for every dollar and every cent of the Federal fimds that you spend ? Mr. Meritt. Yes, sir. Mr. Carter. Do you think it is a tenable ]-(osition for a man to contend that he has the right to handle trust funds in a fiduciary oapacitv with less accountalDility than his own funds? Mr. Meritt. We submit reports to Congress showing the status of these funds each year, and the information is obtainable from the reports. Mr. Carter. The proposition of coming to Congress and haying them appropriate money does result in a little closer accountability for the expenditure of these funds, and you would not contend that 188 IJSIDIAN APPROPRIATION BILL, 1917. we have the right to handle the funds of our wards with less account- ability than we require in the handling of our own funds? Mr. Dill. I want to be fair with the department, and if I can be shown wherein anybody is going to be wronged or wherein there is any great injustice in requiring the Indian Bureau to do the same thing with the Indian funds that it does with the public funds, then I will change my position; but my idea is simply to protect the Indians and to prevent in the future what has occurred in the past, namely, the expenditure of sums of money under this general au- thority by the Secretary. I do not see, as far as the schools are concerned, why they could not be exempted, but I do not see any reason why this language should be stricken out. Mr. Meritt. Here is one objection which might be raised to this item : Under the act of March 2, 1907, we are authorized to pay the pro rata share of the funds of certain Indians upon application. It is impossible for us to estimate in advance how many Indians will make application for their pro rata share of tribal funds. Mr. Dill. You can e.stimate approximately, just as you can not estimate other things exactly. Mr. MERiTr. We can not go into the details and estimate the num- ber of Indians from the various reservations who will make applica- tion for these tribal funds. Mr. Gandj. If the payment of the pro rata share to the Indians is exempted on the theory that that is paid directly to the Indians and that the money belongs to them, there will be just as much objection to that as to the remainder? Mr. Meri'it. I realize that the department has been given rather a free hand in the expenditure of the funds of the Indians, and I must say that if I were an Indian I would want a check on the expenditure of my own money by some one else. Mr. Gandt. I want the record to show that while the statement Wi!s made to Congress, in pursuance to existing law, as to expendi- tures on Indian reservations, that the statement shows in one sum the disbursements from public or trust funds and that the item is not divided into how much of the money is trust funds and hoiw much is public funds. Taking a si^ecific example or two, the report in general shows that for the past fiscal year there Vi'as expended on the Che\'enne River Reser\'ation, S. Dak., for support and civilization the sum of $216,768.86; on the Eosebud Eeservation, $450,946.57; and on the Pine Bridge Reservation, $399,621.39; but that statement does not show how much of the money was public funds and how much of it was tribal funds. Unless a Member of Congress is a l^ublic accountant, he would not be able to ascertain just how much of the tribal funds had been expended for these different items. Ml'. ISIeritt. If this legislation is to be enacted by Congress, we would like an exception made as to the funds that we pay direct to the Indians. Mr. Carter. You mean the per capita payments? Mr. Meritt. Yes, sir. Mr. Carter. And the payments for the schools? Mr. Meritt. We should also like to have the legislation so worded that it would not go into effect for a j^ear later than indicated in the proposed legislation. That would enable us to install our new system INDIAN APPKOPRIATJOX BILL, Ifll". 189 of bookkeeping, and we could probably get leady to meet this changed condition. It would be very difficult for us to meet these requirements on the 1st of July, and if we could install our new system Mr. Dux (interposing). Congress will meet against in next De- cember ? Mr. Meritt. Yes, sir. We Avould lia\e to make the accounting under the old system of bookkeeping. First, the Indian Bui'eau pre- fers that the legislation be not enacted ; second, if it is to be enactid, we would want the legislation modified so thut we would not be re- quired to come to Ct)ngress with an estimate of the funds payable direct to the Indians; and, third, we would want the matter delayed !i year longer than indicated in the legislation. Mr. Carter. You have just admitted, Mr. Meritt, that the depart- ment is given a little bit too free a hand in the handling of Indian tribal funds? Mr. Meritt. I did not say a little too free a hand ; I said that they were giA en rather a liberal latitiide. Mr. Carter. That coming from the representative of the bureau would naturally be construed as a very free hand, would it not? Mr. Meritt. Mr. Chairman, may I say right there that in my work before the committees of Congress I have iilways attempted to be perfectly frank with the committees and have answered all ques- tions without evasion and have tried in every instance to state the truth. Mr. Carter. Eliminating all selfish interest, on what ground can you base a right to handle the funds of a ward with less account- ability than vour own funds? Mr. Meritt. I think there is a strong argument for requiring the accountability of the expenditure of these funds. Mr. Carter. The next amendment is No. 157, which provides : Sec. 28 On or before the thirt^'-first day oi December, nineteen hundred and sixteen, the Bureau of Bfflciency shall prepare and submit to the Secretary ot the Interior a system of accounting for the Bureau of Indian Affairs that will meet the requirements of section twenty-six of the Indian appropriation act approved .Tune thirtieth, nineteen hundred and thirteen (Thirty-eighth Statutes at Large, page one hundred and three). How does it come that you have to have that language in the bill and also the other previous items? Mr IVIeritt. That was incorporated m the bill on the floor ot tue Senate at the suggestion of Senator Lane. We do not see the neces- sity for that legislation. „ , ,, • • , Mr. Carter. There is no necessity for both provisions' Mr. Mekitt. No, sir. „ ^^ . , j Mr. Carter. Since we have the Bureau of Efficiency already organ- ized and doing efficient work, is there any real necessity for the spend- ing of $12,000 for the installing of a new system of bookkeeping and accounting, which would probably be done by some other bureau not ^ m MrSJ^We will need money to buy new books and to print new forms. We should like to have that money made immediately a^ilable so that we can have the books P^r^-Lf^^T-ED TO " printed readv to be used by July 1. " ^^^ PRESENTtu w ^ )Hartwick college ^ ONEONTA. N. Y. BY 5; p. KINNEY 190 INDIAK APPEOPRIATION BILL, 1917. Mr. Carter. Some books. You certainly would not require this language, " including the pay of expert accountants, at a rate of not exceeding $15 per day " ? Mr. Meritt. We do not urge that part of the item. Mr. Carter. The language of this part of the amendment would seem to infer that the $12,000 is to be used for some board or some committee of men to find a kind of system and for the purchase of books? Mr. Mbkitt. If the Bureau of Efficiency is to do this work for us, of course, we would not require the services of the expert accountants mentioned in the previous paragraph. (Thereupon the committee adjourned.)