o^ -"^ °-.mV/" >^'""^^ -Xm*" '^^"'^ °^yjC^*' #\. ^^ii' .Ho_^ ^o -^o. w^ ^^Ki: \s<^ :»: %.^ :^ ."'%. .•^..•..v' ./'\. ■.^^.' ^*'% "-^ <^^ ". ■ -o^-^'/ \.-^^-;/ -o^-^V . v-^-/ ^./ .»;■- V/° .;^, %/ .•»;■- Vo^^ .v^y, ^ Duncan Campi;eli, Scott, Kso., Deputy Superintendent General of Indian Affairs, Canada. THE ADMINISTRATION OF INDIAN AFF-AIRS IN CANADA By FREDERICK H. ABBOTT Secretary of the Board of Indian Commissioners REPORT OF AN INVESTIGATION MADE IN 1914 UNDER THE DIRECTION OF THE BOARD OF INDIAN COMMISSIONERS WASHINGTON. D. C, 19 15 r';L.6,3^6 THE ADMINISTRATION OF INDIAN AFFAIRS IN CANADA By FREDERICK H. ABBOTT Secretary of the Board of Indian Commissioners REPORT OF AN INVESTIGATION MADE IN 1914 UNDER THE DIRECTION OF THE BOARD OF INDIAN COMMISSIONERS WASHINGTON. D. C, 19 15 f-?^i>sH^ IS a OF !», JUli 9 <9t5 TABLE OF CONTENTS. PAGE Index 7 List of illustrations 5 Letter of transmittal to the Secretary of the Interior 16 Itinerary 18 Scope of report 20 Indian management in the two countries compared 20 Canada's Indian financial policy 31 Individual Indian money 31 Office and field organization in the Canadian Indian Service 33 Canada's Indian School system 36 Indian marriages and divorces 43 Enfranchisement of Indians in Canada 44 Administration of Indian reserves in Canada 45 A colony for ex-pupils 51 Six nations 58 Caughnawaga 63 The Abenaki 69 The Hurons at Lorette 70 The Western Reserves 72 The Chippewa, Munsee and Oneida 77 Ojibway of Lake Superior 78 Edmonton Agency 78 Hobbema Agency 80 Sarcee Agency 80 Blood, Blackfoot and Piegan Reserves 81 Summary of recommendations 88 Appendix 90 Exhibit "A" — How funds are appropriated 90 Exhibit "B" — Laws regulating Indian reserves 91 Exhibit "C"— Blank forms 96 LIST OF ILLUSTRATIONS. 1. Duncan Campbell Scott, Esq., Deputy Superintendent General of Indian Affairs, Canada 1 2. Royal Northwest Mounted Policemen in uniform 22 3. Blackfoot Indian girl in full Indian dress 26 4. Elkhorn Industrial School, Manitoba. Only Indian industrial school in Canada not under immediate control of a church 36 5. Some school children with their grand-parents, Qu'Appelle Indus- trial School, Saskatchewan 40 6. Dairy Barn (exterior), Indian Industrial School, Brandon, Mani- toba 40-41 7. Dairy Barn (interior), Indian Industrial School, Brandon, Mani- toba 40-41 8. Qu'Appelle Industrial School (Roman Catholic), Saskatchewan. Largest Indian School in Canada 41 9. Clerk's residence, Touchwood Hills Agency, Saskatchewan 50 10. Cottage hospital on File Hills Colony 51 11. Type of average house, File Hills Colony, showing kitchen which serves first years until money is made from crops to build main structure 54 12. The Indian Colony Band, File Hills, Saskatchewan 55 13. Barn and part of stock belonging to F. Deiter, the first boy to join the File Hills Colony nine years ago 56 14. Threshing on Colony, outfit owned by the File Hills Colony 56 15. Canada provides ample food for her old Indians. These are "Ration" Indians at File Hills Agency, Saskatchewan 56-57 16. Elijah Dickson, member File Hills Colony, with his first oxen. This is the way the student-colonists start 56-57 17. Lecture on "The Horse" by Deputy Minister of Agriculture to File Hills Colony boys 57 18. Fred Deiter with shield given by Governor General Earl Grey for best wheat farmer on File Hills Colony 57 19. Mohawk Institute, Anglican, near Brantford, Ontario, established 1783. Most important factor in present civilization of Six Na- tions Indians 58 20. Onondaga Log House, near Middleport, Ontario. Used as Six Nations Council House many years ago 59 21. Six Nations Council in Session, Ohsweken, Ontario. Superinten- dent and other Government representatives at desk in front. Onondaga, the firekeepers of Council in center ; Seneca and Mo- hawk at right. Oneida, Cayuga, Tuscarora and Delaware at left. 63 22. Home of Chief William Smith, interpreter. Six Nations Council, Ohsweken, Ontario 63 23. Six Nations Agricultural Society Fair at Ohsweken, Ontario, or- ganized 48 years ago 64 24. Catholic Church and missionary's residence, Caughnawaga, Quebec (Iroquois), in front of which is held a "town meeting" every Sunday after church service. The Jesuits have been with these FAOB Indians since 1680 65 25. Frank McDonald Jacobs, Chief of the Caughnawaga (Iroquois). Across his shoulders is the largest piece of wampum said to be in existence 66 20. On the banks of the St. Lawrence at Caughnawaga, Quebec 67 27. Abenaki girls, Pierreville, Quebec 72 28. Catholic mission of the Abenaki, Pierreville, Quebec 72-73 29. Rev. Joseph de Gonzague, an hereditary Chief of the Abenaki, at Pierreville, Quebec, and their present missionary 72-73 30. Louis Philippe Bastien, young Indian boy from the Hurons of Lorette Band, Quebec 73 31. Caroline Gros Louis, an expert moccasin maker of the Huron Tribe, Lorette, Quebec 73 :t2. Mt. Elgin Institute (Methodist), Muncey, Ontario 78 33. Dairy Herd, Mt. Elgin Institute (Methodist), Muncey, Ontario 79 34. Indian Breaking Bee — Breaking new land on the Enoch Reserve, Edmonton, Alberta, season 1914. 300 acres broken in 11 days.. 80 35 Anglican Day School, established 40 years ago, Garden River Re- serve (Ojibway), Ontario 81 36. Old type of Indian Log House, Blackfoot Reserve, Alberta 88 37. Improved appearance after owner started farming 88 38. Typical Indian family, Blackfoot Reserve, Alberta 88-89 39. Temporary residences of blood Indians on their community farms.. 88-89 40. Indian out-riders, Blackfoot Reserve, Alberta 89 INDEX. PAGE Abbott, Frederick H 17,19,89 Abenaki, The 09-70 Algonquin 69 Basket making C9 Council, The G9 de Gonzague, Rev. Joseph 69 Education 70 Health conditions 70 History 69 Home life 69 Industries 69 Morals 70 Population 69 Administration of Indian reserves in Canada 45-51 Advantage of Canadian system 51 Christianity 40-47 Closed reserve policy 47 Five Civilized Tribes, Compared with 48-50 Half-bred Indians, Method of dealing witli 48-49 History of 46-47 Land, Indian, character of title to 46-47 Missionaries 46 Proclamation, Royal, 176:5 47 Reserves, Policy of 48-51 Restrictions imposed 48-49 Tribal government, Character and development of 49-51 Algonquin 09-70 Appendix 90-148 Athabascan 78 Bastien, Maurice (Chief Hurons) 71 Blackfoot 81 Blood, Blackfoot and Piegan Reserves 81-88 Cattle raising on Blackfoot Reserve 86 Cattle raising on Blood Reserve 86 Cost and character of administration 82 Destitute Indians, care of 84-86 Education 88 Funds for improvements 84 Handling of stock 86-88 Health conditions 81 Industries 81-82 Population 82 Ration system on the Blood Reserve 84 Self-supporting Indians 84-86 7 PAGE Surrender of land 85 Brandon School 41 Canada's Indian financial policy 31 Appropriation of funds 30-90 Canada's Indian school system 36-43 Advantajies of 30,41,89 Brandon School 41 Cost of maintaining schools 42 Cost of sciiool buildings 41 Contracts between churches and government for schools 37 Denominational schools 37 Klkhorn school 37 Kquipment of schools 41-42 Games in schools 39 History of Indian education in Canada 38 Mount Elgin Industrial School 42 Personnel of Indians schools 36 Qu' Appelle Industrial School 39 Plan of instruction 40 Relationship between government and churches 38 Relationship between teachers and pupils 39-40 Religion in schools 38-39 Salaries of employees 41-42 Sault Ste. Marie 42 Shingwauk Home 42 Undenominational schools 37 Caughnawaga 63-68 Customs and habits 63-64 F.ducation 64 Funds of the tribe 66 Games, Children's 66 C^ras, Rev. Joseph 67 Health conditions 67 Industries 65 Insurance policies 65 Jacobs, Frank McDonald 64 Land, improvements, etc 68 Laws, regulating 67 Morals 66-67 Population 63 Religion 64 School benefits 64-66 Self-government, by-laws for 67-68 Cayuga 58 Chippi-wa, Munsee and Oneida, The 77 Cliipjtewa 77 Customs and habits 77 I'.ducation 77 Funds 77 8 PACK Health conditions 77 Industries 77 Marriage relations 77 McVitty, Rev. S. R :36, 77 Middlesex county 77 Munsee 77 Oneida 77 Population 77 Colony for ex-pupils, a 51-58 Aged Indians, Care of 56-57 Band, colony 53 Colony, description of 52-53 Council, Indian 58 Debts of Indians 57-58 Donation by government to ex-pupils 55 Earning capacity of ex-pupils 54 Ente'rtainment 53 Estimate of products raised and sold 55 File Hills Agency 51-52 Form of agreement to settle in colony 54 Handling of live stock 56 Health conditions 53 Home life 53 Hospitals 52-53 Literature read by 57 Location tickets 52 Sanitary conditions 57 Cree 27, 73 Davin, Nicholas Flood 40 de Gonzague, Rev. Joseph 36, 69 Delaware Indians 58 Deposits, Indian 32 Discussion of reserves visited 51 Edmonton Agency 78 Education 79 Enoch Reserve 79 Funds 79 Industries 79 Legal, Archbishop Emile J 80 Population 78 Elkhorn School 37 Enfranchisement of Indians in Canada 44-45 Citizenship < 44-45 Ownership 44-45 Engineers 34 Enoch Reserve 44-45 Ferrier, Rev. Thompson 36 Field organization 33 File Hills Agency (see Appendix) 51-52 9 PAGG Five Civilized Tribes 48-50 Fort Peck Indians (U. S.) 81 Fuller. Rev. B. V 36 Garden River Band 78 Graham. W. M 58 Grant. Rev. Andrew S :i6 Gras, Rev. Josepii C7 Hobbema Agency 80 Education 80 Health conditions 80 Industries 80 Population 80 I lugonard, Rev. Joseph 36, 53, 80 Hurons at Lorette, The 70-71 Bastien. Maurice 71 Education 71 Government 71 History 73 Industries 71 Languages 71 Indian marriages and divorces 43-44 Bigamy 44 \'alidity of marriages 43-44 Indian management of the two countries compared SO-29 Acquiring of titles to lands 23 Agents, powers of 24-25 Citizenship rights 27-28 Clerical force 22 Complaints against the government 22-23 Condensed form of laws in Canada 21 Cost of maintaining Indian administration 21 Dances, prohibiting of Indian 29-30 Definition of "Indian" 27-28 Earning powers of Indians 21, 22, 69 Education 30 Employes, investigation and treatment of 26 Enfranchisement 23 Ex-pupils 29 Health 22 Indian languages 27 Insurrection 30-31 Leasing policy 23 Liquor traffic, suppression of 24-26 Literature, Cree syllabic 27 Loan system 29 Policies discussed 21 Population 21 Politics 25 Property, disposition of personal 28 10 PAGE Ration system 29-30 Riel Rebellion ;s0-31 Scrip, Indian 31 Self-supporting Indians 23, 28 Supplies for Indian Service 30 Trachoma 22 Tuberculosis 22 Uprisings 30-31 Wealth of Canada's Indians as compared to Indians in the United States 21 Individual Indian money 31-32 Savings of Indians deposited at Ottavv^a 32 Itinerary 18-19 Jacobs, Frank McDonald 64 Laws, Canadian Indian 88-89 Legal, Archbishop Eniile J 3G Management, Indian, of the two countries compared 20-29 Marriages and divorces 43-44 McDougall, Rev. John 36 McVitty, Rev. S. R 36,77 Mineral 35 Mohawk Indians 58 Mount Elgin Industrial School 41 Mounted Police 19, 24 Munsee Indians 76-77 Office and field organization in the Canadian Indian Service 33 accountant's branch. The 34 Administration of savings and loans granted to Indians.... 34 Architects, engineers, etc 34 Farm operations 34 Police service 34 Preparation of estimates for Parliament 34 Purchase and contract of live stock 34 Field organization 35-36 Agents, doctors, inspectors or superintendents 35-36 Lands and timber branch. The 35 Disposal of lands 35 Timber and minerals on Indian lands 35 Medical attendance 36 Records branch. The 35 Filing correspondence and papers 35 Secretary's branch. The 34 Books 34 Election of Chiefs and Councillors 34 Legal work 34 Licenses to trade 34 Schools branch, The 35 Educational policy, charge of 35 Surveys branch, The 35 11 PAGU Locations and surveys of Indian reservations .' ;J5 Ojibway of Lake Superior 78 Education 78 Funds 78 Garden River Band 78 Government 78 Healtli conditions 78 Industries 78 Murals 78 Fupulatiiin 78 Religion 78 Oneida 76-77 Onondaga 5S, 60 Piegan reserve 81 Pierreville, Quebec 69 Qu' Appelle Agency 19,39,40 Rimmer, Reginald Judge (see Exhibit B) 50 Royal Proclamation 47 Royal Northwest Mounted Police 19, 24 Sac and Fox School 42 Sault Ste. Marie 42 Savings (Indian deposits) 32 Sarcee Agency 80 Athabascan group 80 Education 81 Funds 80 Health conditions 80 Population 20 Scope of report 20 Scott, Duncan C 17,44,46 Seneca Indians 58 Shingwauk Home 42 Six Nations 58-59 Council proceedings 60 Education 60 Employes on reserve 60 Fair, agricultural 62-63 Gi fts from Royalty 59-60 Health conditions 61 Land rights, sale of 62 Loan system 61-62 Population 58 Punishment for crimes 61 Sanitary conditions 61 Standing BufTalo, complaint of 22. 23 Summary of recommendations 88-89 Vaux, Hon. George, Jr 17 Western Reserves, The 72 Alberta 73 12 PAGE Blackf oot 73, 76 Blood 73 Buffalo 73,74,75 Cree 73 Funds, Indian, method of handling 76 Hudson's Bay Company 73 Gifts to Indians 74-75 Liquor traffic 73 Manitoba 73 Reserves, small reasons for 75 Sarcee 75 Settlement by white people 75 Sioux 73 Surrenders of land, conditions of 75-76 Trading, early methods of 73 Treaties, conditions of 74 Wilson, A. E 36 Wyandottes 44 13 INDEX TO APPENDIX. EXHIBIT A— How funds arc appropriated EXHIBIT B— Alienation Application of ainiuity or interest money of parent of illegitimate or of Indian guilty of desertion Control Costs of conviction Education I'^lcctoral franchises Enfranchisement lixcmption Homestead and pre-emption rights 1 mprovemcnt Inciting Indians to riotous acts 1 lulian dances Indian trust funds Intoxicating liquors Member of Parliament Municipal franchise Municipal government Officials prohibited from trading Protection Prostitution of Indian women Restricted liability to taxation Restrictions on contracts and exemptions from seizure Tenure of land by Indians Thefts from Indian graves i:XHIBIT C-BLANK FORMS Application for admission to residential Indian schools Application for withdrawal of savings Application for commutation of annuity Certificate of health Cheque form Comparative statement of live stock Consent of band to commutation of annuity Conviction when the punishment is by imprisonment Conviction for a penalty to be levied by distress and in defatilt of sufficient distress by imprisonment 147 Conviction for a penalty, and in default of payment, imprison- ment 148 Declaration of Chief or Councillor 9S Farmer's return 117-120 Form of estimate submitted to Deputy Superintendent-General Indian Affairs by Indian Agents 115 I'orm of surrender of part of Blackfoot Reserve 90 I'orm (if release signed by Indians when reserve lands are sur-- 14 PAGE rendered 97 Form for loan of band property to individual members of band. Ill Form of quit claim used by the Council of the Six Nations to secure loan of band funds to individual Indians 112-113 Form of summons used by Chiefs of Six Nations 138 Form letter disposing of beef funds 123 Half-yearly return of live stock 125 Indian Agent's monthly report 116 Indian Agent's credit certificate to Indians 109-110 Indian location ticket 103 Individual holders of live stock 125 Individual live stock record 127-128 Information and complaint under oath 136 Information to obtain a search warrant 142 Order form used on Blackfoot Reserve to obtain credit for Indians 114 Permit to sell 135 Permit to sell horses 124 Plan of sale of surplus Indian lands 104 Prize list for File Hills Agency exhibition, August, 1911 134 Record of crops sown, harvested, hay put up, new land broken, acres summer fallowed, etc., by individual Indians, season. . .130-132 Relief of destitute 105 Return of conviction for supplying intoxicants 106 Seed grain 120 Summons to a witness 137 Summons for a witness in the first instance 139 Sunnnons to defendant 140 Trader's license 107 Warrant for a witness in the first instance 139 Warrant of a commitment 143 Warrant to apprehend defendant in first instance 144 Warrant to apprehend defendant when summons is disobeyed 145 IS Washington, April 14, 1915. My dear Mr. Secretary: In accordance with a resolution of the Board of Indian Commis- sioners, adopted on February 4, 1915, there is transmitted herewith a copy of the report of Mr. F. H. Abbott, Secretary of the Board, on Indian administration in Canada. Cordially yours, (Signed) George Vaux, Jr., Chairman. Honorable Franklin K. Lane, Secretary of the Interior, Washington, D. C. 16 The Administration of Indian Affairs in Canada. Honorable George Vaux, Jr., Chairman, Board of Indian Commissioners, Philadelphia, Pa. Dear Chairman Vaux : On August 24, 1914, you directed me to make a first-hand study of the methods and policies of Indian administration in Canada. This was after an informal discussion of the subject at the Atlantic City meeting of the Board last August and after Commissioner Ayer had presented the matter informally to the Secretary of the Interior. The general purpose of my investigation was expressed in your letter to the Deputy Superintendent General of Indian Affairs in Canada, as follows : Duncan C. Scott, Esq., Deputy Superintendent General of Indian Afifairs, Ottawa, Canada. Sir: At a recent meeting of the Board of Indian Commissioners, it was decided, with your permission, to have our Secretary make a study of your sys- tem of managing Indian affairs. The information obtained from such an investigation would be laid before the Secretary for the United States Department of the Interior with the hope that methods of legislation and administration in connection with Indian affairs in this country might be improved thereby. To this end we hope, at your pleasure, to have our Secretary and perhaps one member of our Board call on you at an early date. In addition to the study of methods of administration in your office, we desire to have our Secretary visit various Indian communities in Canada where conditions of Indian Hfe may be observed. A period of eight weeks has been tentatively decided upon for the proposed investigation. I shall be pleased to know, at your early convenience, what date will be most agreeable to you for us to call at your office in Ottawa, and also to have any suggestions which you think will be of value to us in making the proposed investigation. I have the honor to be, Sir, Yours respectfully, George Vaux, Jr., Chairman, Board of Indian Commissioners. Mr. Scott's reply to this letter was favorable and most cordial. In response to his suggestion, I presented myself at his office in Ottawa, and with his advice formulated the plan of my proposed mvestigation. 18 I cannot find words strong enough adequately to acknowledge the courtesy and the tine spirit of the assistance extended to nie personally and officially by Mr. Scott. This same spirit, I may say, extended from Mr. Scott to his assistants in the office and in the field. Nothing was withheld and every official of the department 1 met throughout my seven weeks' trip made every effort possible to help me to get at the very heart of the information desired by me. I began with four days' study of organization and methods in the Ottawa office, then went to the field, where I inquired into conditions of sixteen agencies and twenty-six boarding, industrial and day schools. A part of the time I was accompanied by rc])- resentatives of Mr. Scott's staff from Ottawa and all the time I was assisted by field men, who were acting under instructions from Mr. Scott, to "tell Mr. Abbott all he wants to know." Upon my return from the field, I spent two more days in the Ottawa office rounding out information concerning questions which had arisen during my field trip. Special typewritten memoranda were prepared for me under Mr. Scott's direction and references given to printed documents containing data on the subjects of mv investigation. I am especially indebted also to Mr. Scott for criti- cally reading this report and for his verification of the historical and statistical information contained therein. Thus, while my trij) was crowded into a space of about seven w-eeks, a period entirely too short to enable me to lay claim to a thorough knowledge of manv of the problems of the individual Indians, the assistance which 1 received everywhere in Canada enabled me, I believe, to obtain a comprehensive view of Canada's methods and policy of dealing with her native tribes. ITINERARY. My itinerary in brief was as follows: Aiujust 27. 28, 20. :;0— Indian Department, Ottawa. August 31 to September 2 — Agencj', Six Nations of tlie Grand Kiver. Ohswe- ken, Ontario; one day school, and Molunvk Institute (.Anglican), Brant- ford, Ontario. September 2 and ?, — Mount Elgin Industrial Institute (Methodist), Muncey. Ontario ; the reserves of the Chippewa, Munsee and Oneida of the Thames; one day scliool (Chippewa) ; two day schools (Oneida). September 4 and 5 — Indian Department, Ottawa. September 6 — Reserve of the Iroquois of Cauglmawaga, Caughnawaga. Quebec. 19 September 7 — Reserve of the Abenaki of St. Francis, Pierreville, Quebec; also Roman Catholic day school. September 8 — Reserve of the Huron of Lorette, Que., also Roman Catholic day school. September 9 — Iroquois of Caughnawaga ; three days schools (two Roman Catholic, one Methodist). September 10 — Indian Department, Ottav^^a. September 11 — En route. September 12— Reserve of the Gordon River Band of Ojibway of Lake Superior, Eastern Division, Sault Ste. Marie, Ontario ; two day schools (one Roman Catholic, one Church of England) ; the Shingwauk and Wawanosh Homes (Anglican), at Sault Ste. Marie. September 13 to 16 — En route and office correspondence. September 17— Brandon Industrial School (Methodist), Brandon, Manitoba. September 18 and 19 — Elkhorn Industrial School (undenominational). Elk- horn, Manitoba. September 20— Qu' Appelle Industrial School (Roman Catholic), Lebret, Saskatchewan. September 21 to 25— The following reserves under File Hills Agency: Peepeekesis, Star Blanket (Cree) ; under Touchwood Hills Agency: Gordon's Reserve, Poor Man's Reserve and Muscowequan's Reserve (Cree); under Qu' Appelle Agency: Standing Buffalo's Reserve and Fort Qu' Appelle, also File Hills Boarding School (Presbyterian^, File Hills; Gordon's Boarding School (Anglican), Punnichy; Muscowe- quan's Boarding School (Roman Catholic). Lestock, all in Saskatche- wan. September 20 — Regina, Saskatchewan ; headquarters of the Northwest Mounted Police ; studying relation to Indian administration. September 27 — En route. September 28 — Edmonton Indian Agency, Edmonton, Alberta ; Enoch Re- serve (Cree), also St. Albert Boarding School (Roman Catholic), St. Albert, Alberta. September 29 — Hobbema Indian Agency, Hobbema, Alberta; Ermineskin's Reserve and Samson's Reserve (Cree) ; also Samson's Day School (Methodist), and Ermineskin's Boarding School (Roman Catholic). September oO— Sarcee Indian Agency, Calgary, Alberta; reserve and Sarcee Boarding School (Anglican). October 1 — Piegan Indian Agency, Brocket, Alberta. October 1 and 2 — Blood Indian Agency and Reserve, Macleod, Alberta; also Blood Boarding School (Roman Catholic), and hospital. October 3 and 4 — Blackfoot Indian Agency, Gleichen, Alberta. October 5 and 6 — File Hills Agency, colony for ex-students; also supple- mentary visit to Qu' Appelle Industrial School. October 7— Met delegation Sioux Indians from Standing Buffalo's Reserve, at Qu' Appelle Industrial School. October 8 to 10— En route to Ottawa. October 10 and 11 — Indian Department, Ottawa. 20 Scope of Report. In presenting to you the results of my investigation I shall endeavor to make ni\- report more than a mere exposition of Canadian method and policy of handling Indians, or a series of stories about the places visited ; more than a mere recital of what I deem the strong or weak spots in the Canadian system. My trip grew out of a profound conviction on the part of the Board that there are defects, some of them serious and fundamental, in the system of Indian administration which has been developed in the United States ; out of the Board's earnest desire to discover, if possible, a real remedy for some of these defects and a hope that I might llnd in the Canadian system, policies and methods, the adoption of which in this country might lead to that end. It shall be my aim to make my report, so far as possible, respond to these large purposes. Having in mind the thousands of pages of laws and rules and regulations, many of them undigested, conflicting and inharmonious, which hamper efficiency in the Indian Service of our country, every step of my investigation, whether in the office in Ottawa or in the field, was taken with the following questions constantly in mind : What laws, what rules and regulations, what methods, what aims, what policies govern in doing similar things in the United States? What is the comparative cost of doing them in the two countries? What, the comparative number of employes engaged? What percentage, comparatively, of the energy of the administra- tive machinery reaches the individual Indian in the form of real uplift and what percentage is absorbed in the friction of use- less red-tape? What is the com])arative reaction of the systems of the two countries on Indian manhood? Studying the situation in the light of these questions, I am pro- foundly convinced that Canada's Indian policy contains much that is immeasurably superior to our own, much that it is not too late for us to imitate to advantage. Indian Management in the Two Countries Compared. Canada has had a fixed Indian ])olicy, made secure by indefniite tenure of office at the head of the Indian De]iartment. The Indian policy in the United States has been vacillating, changing with each new administration and almost from year to year. There was not a single transfer of an agency employee in the 21 entire field service of Canada, in 1913. A large percentage of the employes on reservations in the United States are transferred each year. Canada has an Indian Act; it is contained in fifty-four pages and is fully indexed. A thousand such pages would not contain the Indian law of the United States. The regulations in the form of instructions to Indian agents in Canada are contained in ninety-two short paragraphs which would fill less than three columns in a newspaper. A Sunday edition of a New York newspaper would not contain the rules and regula- tions of the United States Indian Service. The Canadian Indian school regulations are contained in a book- let of eight pages, which would occupy little more than one column in a newspaper. The regulations of the United States Indian Schools fill forty-two pages. I could have brought Canada's laws, rules and regulations relating to Indian administration all back to Washington with me in my coat pocket. Canada's Indian population is 98,771 on reserves, 5,000 (esti- mated) ofif reserves, and .50,000 (estimated) half-breeds, who, in Canada, are not Indians, making a total of 143,774, nearly one- half the total Indian population of the United States. The part of this population which is on reserves is distributed over 4,930,608 acres in 1570 reserves under 107 agencies, as compared with 71,- 910,941 acres and 193 reservations under 118 agencies or superin- tendencies in the United States. Notwithstanding the greater comparative difficulty and larger relative cost of administration on the smaller and more widely scattered reserves in Canada, the per capita cost of Indian admin- istration there, including schools, is less than $20, as compared with about $40 per capita in the United States, and despite this smaller comparative cost of administration in Canada, my observations on 22 different reserves convince me that there is undoubtedly closer supervision of individual Indians there than on the reservations of the United States. The Indians of Canada, possessing wealth estimated at $61,- 170,458.57 in 1913, as compared with an estimated wealth of nearly $1,000,000,000 possessed by the Indians of the United States, earn by their own efi^orts an income from their property and from their labor, of more than two dollars to one dollar earned by the Indians of the United States. The total income of the Indians of the United States in 1913 from wages, agricultural products and live 22 stock was $7,392,814, as compared with an income of $5,787,643.03 earned by the Indians of Canada, the average per capita income in Canada being about $56, as compared with $26 in the United States. Taking agricultural products alone, the per capita com- parison is $16 in Canada against $1;') in the United States. One hundred thousand Indians in Canada earn almost as much in wages as is earned by three hundred thousand Indians in the United States, the exact figures for ]!)13 in the two countries being: Canada $1,530,029.86 United States 2,065,124.00 In Indian trust funds, Canada had $7,287,153.24, as against $38,045,686.30 in the United States in 1913. In the transaction of the business of 110,000 Indians in one year, the Indian Department of Canada receives annually approxi- mately 40,000 letters. The Indian Office of the United States re- ceived 275,452 letters in 1913. In other words, the headquarters force in Canada handles one letter to seven handled in the Wash- ington office in the United States. This is true, notwithstanding the fact that Canada has over eight reserves to one in the United States. There are only two stenographers employed in the entire Indian field service of the Dominion of Canada and only 37 clerks, as com- pared with approximately 600 stenographers and clerks in the United States Indian Service. While tuberculosis is prevalent among the Indians of Canada, it apparently is under more effective control than it is_ among the Indians of this country. For years, simple but systematic efforts have been made toward cleanliness and sanitation in homes and camps. Trachoma is scarcely known at all in eastern Canada and only rare cases are found among the Plains Indians in the west. While I asked about trachoma at every school or agency visited, I found but two superintendents of Indian schools or Indian agents east of the province of Saskatchewan who knew what the word meant, and they knew it not from experience but from reading literature about the Indians in the United States. I talked with many Indians in Canada, but not from one did I hear a word of complaint against their government. The only note of dissatisfaction which reached my ears came from Standing Buffalo and four other Sioux Indians and their complaint was not 23 against the Canadian government but against the United States. Standing Buffalo told me that his father had come from the United States with a small band at the time of the Minnesota massacre, because he was unwilling to join in the assault upon the white settlers ; his father had drawn three annuities in the United States and had told him that the United States ought to pay annuities to his children in Canada. He had never received any annuities and asked me to try to get them for him. He told me that his people received no annuities or other assistance from Canada and they had to work very hard. But, when I asked him if his people would like to return to the United States to live, he replied: "No, we have visited our friends in the United States many times — we would not trade places with them. We are getting along all right. Our government treats us right." These Indians receive no assistance from the Canadian government, except the use of a small reserve and free education. They are self-supporting and are counted among the best Indians in Canada. ''Land grafter" is a phrase unknown in Indian affairs in Canada, so completely safe-guarded is Indian land. The explanation is simple ; the Indian reserves in Canada are what we call in our country "closed" reserves; they are not allotted. An Indian does not acquire title to an individual tract of land on the reserve either in trust or in fee until he has become enfranchised, and enfran- chisement is a long and tedious process. He is "located" on such land as he is willing and able to use, but his possessory right ad- heres only so long as he makes beneficial use of it, failing in which, another Indian by paying for the permanent improvements, may be "located" on the same land. One Indian may sell his improve- ments and his occupancy right to another Indian, never to a white man, and a white man may not acquire rights on a reserve even by marrying an Indian woman, nor do his children by an Indian woman acquire rights. But the woman is assisted to terminate her tribal relations in such cases. Her annuities, interest, moneys and rents are commuted to her, ten years' income being paid to her at once. Leases of land to white men on Indian reserves can be made only by and with the consent of the council of the band and the Indian Department. The result is what would naturally be expected ; the rental income from leased Indian agricultural lands in Canada amounts to about $100,000 a year, as compared with approximately $4,500,000 in the United States. In the suppression of the liquor traffic the Canadian system is more 24 efficient and much more economical than ours. For this purpose the Pariiament of Canada appropriates $4,000 a year as compared with our $100,000 a year. The Canadian law is also more comprehensive than ours, including in its scope every possible sort of intoxicant or opiate or derivative thereof. Its enforcement is sure and prompt. The informant in every case receives half the fine and the other half is turned into a general fund to be used in the suppression of the liquor traffic. This fund, for the year 1913-J4, amounted to $10,005.89. It is made the special duty of every em- ployee in the Indian Service to aid in the enforcement of this law and no .special force is employed. One of the most effective agencies in the enforcement of the Canadian liquor law in the western provinces is the Royal Northwest Mounted Police. These red-coated police officers are a real terror to the law breaker, and a man they go after seldom escapes. There is still another factor, which counts more than those just mentioned, in making effective the Canadian Indian liquor laws. Indian agents in Canada are given magisterial jurisdiction by the Indian Act. The Indian agent is ex-officio a justice of the peace and has the power and authority of two justices of the peace within the territorial limits of his jurisdiction. He is competent to try any case of infraction of the Indian Act regarding the liquor traffic. Cases are brought before him and conviction follows promptly when tiie charge is supported by the testimony of two reputable witnesses. The long delays and the tremendous expense attached to the procedure in the United States, where Indian witnesses are often required to travel hundreds of miles to go before grand juries, at large ex- pense and subject to constant danger of being given whisky while waiting for the trial, do not exist in Canada. The oft'ender is tried promptly and he is tried before the Indian agent. Under the Canadian Indian Act, the Indian who drinks the whisky as well as the Indian or white man who sells or gives it to him, is punished. I was fortunate enough to see the machinery for the enforcement of the Canadian liquor law in operation in one case. An accident to an automobile in which I was riding sent me to a garage for assist- ance late one evening. There I saw an Indian with his wife paying the garage manager for an automobile which liad brought them frgm a neighboring town. I observed that the Indian had been drinking and when the Indian agent with whom I liad been riding reached the garage a few minutes later, I told him 1 had seen my first drunken Indian in Canada. He immediately learned the name of the Indian from the garage manager and I walked 25 with him a few blocks in the little town to find the Northwest Mounted Policeman for that territory. To him the Indian's name and the facts were communicated. Within two hours from that moment the Indian had been arrested while he was sitting drunk in his buggy in front of his house on the reserve ten miles dis- tant. The next morning before ten o'clock the Indian had been tried, convicted and fined and had informed on a white man in a neighboring town who had sold him the liquor and the latter on the following day was apprehended, tried, convicted and fined. All this not only with no extra expense to the Government, but with an increase in the general fund I have mentioned, which is built up of the fines imposed on law-breakers. In the Canadian Indian Act, intoxicants are defined as follows : "All spirits, strong waters, spirituous liquors, wines, or fermented or compounded liquors, or intoxicating drink of any kind whatsoever, and any intoxicating liquor or fluid, and opium, and any preparation thereof, whether liquid or solid, and any other intoxicating drug or substance, and tobacco or tea mixed or compounded or impregnated with opium or with other intoxicating drugs, spirits or substances, and whether the same or any of them are liquid or solid." A splendid spirit of co-operation exists between the various re- ligious denominations in Canada and the government, in the schools as well as on the reserves. This, no doubt is due to the fact that the churches conduct the greater number of the Indian schools in Canada, and thus learn by daily contact with the Indian the difficulties of the government's task. Partisan politics, as understood in this country, by common con- sent of all parties in Canada, have long been relegated to the back- ground in the administration of Indian affairs. The present efificient head of the Indian Department in Canada, Mr. Duncan C. Scott, has been in the Indian Service for thirty-five years, working up through the various divisions of the Department, and I found many superintendents in the field service who had been in the harness from fifteen to thirty-five years and at every reserve I visited, without exception, I think, I found men, either in the position of agent or in subordinate positions who had been there long enough to learn the language of the Indians under them. The Indian agent appointed by any party in Canada, in accordance with the well established unwritten law, will continue to hold his position indefinitely regardless of changes in party control, provided he refrains from political activity in the elections and does his task 26 honestly and well. Permanency of tenure likewise characterizes the methods of most of the churches in their missionary' activities, many of their workers in the schools, as well as on the reserves, having remained long enough in a given ])lace to learn the language of the Indians. In Canada there is no muck-raking of men in the Indian Service and there are no "sleuths" connected with the Indian Depart- ment to dog the trails of agents and other employes every time a breath of criticism or suspicion is borne to the ears of the head- quarters service. There, employes are treated with dignity and respect and are presumed to be honest until the contrary is shown. Frequent audit of the accounts of superintendents and frequent inspections for constructive purposes, combined with the simplicity of regulations and clearness of laws are a safeguard against mis- takes and a stinmlus to honest and efihcient conduct. When a superintendent is found incompetent he is almost invariably dropped from the service and not transferred elsewhere as happens too often in this country. Officers under charge or investigation arc never suspended and subjected to humiliating and discipline-destroy- ing third-degree ordeals which leave behind dissensions among em- ])loyes and distrust and unrest among the Indians. In short, every subordinate Indian field ofBcial in Canada is treated as a man and not as a suspicious character who needs watching. Having no hope under such a system of hounding men out of the service without sufficient cause, outside influences seldom make charges against Indian Service employes without first having something besides sus- picion, or pretense of suspicion, upon which to base their charges. The result is a spirit of loyalty and an esprit de corps in the Canadian Indian Service which have no counterpart in the Indian Service in the United States. The lack of "sleuths" as a part of the Canadian system does not mean that slip-shod standards of conduct are tolerated; in 191.3 there were 25 dismissals from the service for cause. Canada never has nursed the delusion tliat her Indians can be made into white men in one generation, as has apparently been the belief of many in ihc United States, if our legislation is to be taken as a criterion. Ik-r Indian Act and her ])olicy of adminis- tration from the beginning have contemplated the necessity of per- haps four or five generations or more of education and training in the art of self-government before inaugurating the "root-hog- or-die" pcjlicy involved in the application of our general allotment Act. Starting out on this broad theory, Canada has not deliberately r.kiLkloot Indian Girl in full Indian Dress. 27 legislated tribal councils out of existence as we in the United States sometimes have done, but on the contrary she has definitely rec- ognized the necessity of utilizing the Indian council as an elementary school of citizenship in which ideas and ideals of responsible rep- resentative self-government are to be nursed and developed. Canada has not made the mistake that we have often made, of attempting to destroy the native Indian languages and arts. On the oldest reserves in Canada where a few of the Indians have developed to the point where they have been enfranchised and lost their identity as Indians ; on others where they have developed, as Indians, a civilization equal to that of the white men in adjacent communities, they have retained their mother tongue and in many cases their ancient arts of basketry and beadwork, moccasin and snow-shoe making. The uneducated Cree, one of the largest tribes in Canada, are reached by means of a syllabic character language invented by a Methodist missionary, the Rev. James Evans, in 1840. Newspapers printed in this language, as well as the bible and hymns, have been published by missionary societies, and the government prints circulars in the same characters. In no instance has the government laid the axe at the root of an Indian language. Instead of barring the use of government funds for religious instruction in the Indian schools, Canada has not only encouraged it, but has paid for such instruction ; she has absolutely placed the schools in sectarian hands, frankly spending money for the pur- pose of making her Indians Christians. The Indian Act itself declares that where there are a number of Indian youth of school age belonging to a certain church, the government shall, upon re- quest of the Indians, furnish for their instruction, a teacher be- longing to such denomination. Since the confederation of the colonial possessions of Great Britain in North America was made by the Act of the Imperial Parliament known as the British North American Act, Canada has had an advantage, inestimable for its Indian policy, of having only one power competent to legislate for Indians, that is the Federal Parliament. By this Act the right to legislate for Indians and In- dian lands is given to the Dominion. Canada does not have three or four kinds of Indian citizens as we do in this country. The In- dian act stands out with the definition of an Indian as follows : First — Any male person of Indian blood reputed to belong to a particular band. Second — Any child of such person. Third — Any woman who has or was lawfully married to such person. 28 It provides definitely the steps by which tlie Indian can attain to full citizenship; and instead of leaving him between Scylla and Charybdis as to his legal status, as we have done in some cases in the United States, making him subject to the Federal Government for one purpose, to the State Government for another (and in some cases, as among the Pueblos and in the State of New York and in Iowa, absolutely uncertain as to what government or authoritj' he is responsible to), Canada provides definitely, and without am- biguity, a judicial means for the protection of the Indian and his jiroperty, as well as for his punishment when he does wrong. This ])rocedure is so clear that he who runs may read ; it is in striking contrast with the hap-hazard judicial system or lack of system, found in the so-called courts of Indian ofifenses on unallotted Indian reservations in the United States, where the list of of- fenses, and the measures and method of punishment to be found are as variable as the unregulated judgments of the various super- intendents who really direct the Indian courts, from whose deci- sion there is no appeal, to which no definite jurisdiction is given l)y law and for the execution of whose decisions no definite local, legal machinery is provided. An individual Indian in Canada may sell or buy or otherwise dispose of personal property or money to his credit without writing to Ottawa for authority. The cumbersome individual Indian money system in vogue in this country is unknown there. The Canadian Indian, while more supervised and advised and even more restricted in the handling of his live stock or farm produce than the Indian in this country, still is left free to find the best market or to make the best purchases possible and given practically full control of his resources and the Indian agent is not hampered by being required to keep an elaborate set of books with the bank on behalf of in- dividual Indians and to write hundreds of letters to the Ottawa office for authority to take every step along the w^ay. lie acts ac- cording to his best judgment in permitting the Indian to handle his ])ersonal property, while he sends monthly reports of what he does to the head office. Meanwhile, the Indian is getting daily training in individual responsibility and every-day business practices, under the constant advice of the superintendent. The "returned student" is given special attention in Canada. One of the first instructions to Indian agents in Canada declares: \t may be stated as a first principle that it is tlic policy of the department to promote self-support among the Indians and not to provide irratuitous assistance to those Indians who can i)rovidc for themselves. 29 Under this instruction, about the only kind of assistance that is given outright to "returned students" is good advice. A loan system, not different in principle from the reimbursable loan system inaugurated in this country four years ago, has been in successful operation in Canada for perhaps twenty years. The details of this system and of the aid given to "returned students" I shall dis- cuss under a separate section, where I shall describe in detail a colony of "returned students," which is the best thing in Indian administration I have ever seen. This "Students' Colony" plan is similar in many respects to the student colony among the Navaho at Ship rock, N. M., started a few years ago by Superintendent W. T. Shelton. Definite assistance is given by the Canadian government to stu- dents of Indian schools who show special aptitude or proficiency, in some cases scholarships being provided in agricultural colleges for the Indian boy who lives on a reserve especially adapted to agriculture, and in other cases where special aptitude for a profes- sional career is shown, scholarships in colleges, universities or pro- fessional schools are awarded. The Canadian government, like ours, recognizes the demoraliz- ing eiifect of rations upon the incentive of her Indians, but she has not carried her opposition to the ration system to the absurd extent of letting her Indians starve through her theoretical opposition to the system. She frankly recognizes, as this government ought to, that it takes time to change a race of people, some of whom barely a generation ago were living from the chase, and having buffalo meat as almost their sole diet, into a people realizing the necessity of self-support through labor and having knowledge of the industrial arts of the white man ; she has not starved her Indians into easy victims of tuberculosis and intemperance by subordinating a condi- tion to a theory. Canada has legislated against the Indian dance where mutilation of the body is practiced and has discouraged Indians from joining wild west shows where the idealistic religious ceremonies of the In- dian are commercialized and cheapened. But, her administrators of Indian affairs have avoided the extremes of a group of senti- mentalists in our country, who, not able to discriminate between what is real art and religion and that which is a degradation of art and religion, have insisted upon interfering with the personal and religious rights of Indians, by urging the prohibition of Indian cere- monial dances and the suppression of all Indian art, with the belief that thereby the Indian could more quickly be converted to Chris- 30 tianity and to the practice of the white man's arts and civilization. Canada has no central warehouse system for the purchase of Indian supplies. In fact the purchases made by the department are reduced to the minimum. The necessary supplies for Indians who are still considered destitute by the department are contracted for after public tenders have l)ccn invited, and the merchandise is delivered by the contractor in the agency storehouse or at the nearest railway station ; the residential schools are provisioned and supi)lied by the cliurchcs who conduct them under the con- tract system, and, therefore, the department has no responsibility except to see that the supplies are adequate and of good quality. Only one residential school, namely, the Elkhorn industrial school, is wholly supplied by the department ; all purchases for the agencies, comprising the small number of agricultural implements, tools and harness issued, and the renewal of equipment, are made locally. When these purchases are made from Indian funds the depart- ment buys in the open market and in all cases where purchases are made by the agents the current rates only are paid. Indian schools of Canada are not to be compared as a whole, in equipment, with those in the United States ; nor are they superior in their methods of industrial or academic instruction. Neither are the employes in the field or headquarters service superior in personal qualifications or efficiency to those in the United States ; I know they do not work as hard. From my observation of the Indians on their reserves, I am forced to the conclusion, however, that Canada's school system, by encouraging religious instruction and avoiding the petty quarrels that exist in some of the Indian schools of our country between the dififerent denominations inter- ested, has apparently turned out Indians of superior character who certainly have more religious faith. The ])ages of Canada's record in dealing with her Indians arc not without blemish. Human nature is the same everywhere, and the white man's attitude toward the Indian in Canada has not been difl'crent from that in the United States. Before Confedera- tion, in 1H()7, white settlers encroached upon the fertile lands occu- pied by Indians; traders took advantage of them; and officials charged with disbursing funds or benefits often w^ere lax and sometimes dishonest. More recently, the Canadian government has also had her troubles. The Riel Rebellion was in 1885. This was an insurrection led by a few mixed-bloods in central and western Canada in which the frontier settlements were attacked, resulting in some loss of life on both sides and ending in the execution 31 of the instigators of the trouhle. Delays on the part of the Gov- ernment in issuing the half-breeds scrip or giving them land which had been promised them, delays which were justifiable from the government's point of view, but which were not understood by the mixed-bloods caused this so-called rebellion. The governments of both countries, I believe, have been guided l)y equally high purposes and generous motives in dealing with the Indian, and they have been confronted by similar difficulties. Canada has been more effective than the United States in carrying out her purposes because she has had a definite policy and a system of law and administration more simple and better adapted to the Indian's character and needs. Canada's Indian Financial Policy. The day I first called at the office of the Deputy Superintendent General of Indian Affairs in Ottawa, a telegram came from Brit- ish Colombia, saying that, on account of the European war there would not be the usual market for furs, and that the many Indians in that territory accustomed to secure credit for their winter sup- plies from the fur traders would be deprived of the usual credit and in consequence would be in dire want unless assistance could be rendered by the government. I asked Mr. Scott if he had an emergency appropriation to meet exigencies of this kind. He replied, "No, but in emergencies like this the Governor-General may sign a special warrant for the sum needed, the same to be presented to Parliament for approval within three days after its next session." The practical common sense of a financial system which would permit this sort of thing impressed me and I inquired then into the whole scheme of securing funds for the Indian de- partment. While it would be impracticable, of course, to adopt the Canadian system of appropriating funds, an outline of the system is interesting to compare with our own where both House and Senate may hold extensive committee hearings on appropria- tion bills and insert new items or change old ones. A brief outline of Canada's method of appropriating funds for the Indian de- partment, prepared for me by Mr. Scott, will be found in the Appendix to this report. (See Exhibit A.) Individual Indian Money. The economy and efficiency of the Canadian Indian field service, the "Outside service" as it is called in Canada, are due largely to 32 the measure of responsibility imposed upon the superintendent or agent in his hand-to-hand dealing with the Indians under his supervision. He never has to say to the Indian, "File your request or petition or application and I'll take it up with Ottawa," as our superintendents say, "I'll take it u}) with Washington." The super- intendent acts immediately and the Indian accordingly respects his authority and leans upon him for advice when he needs it. Es- pecially elTective and time-saving and satisfactory is the Canadian method of handling individual Indian money, which is in detail as follows : Savings of Indians Deposited at Ottawa. Tlic funding of the annuities of Indian pupils is entirely voluntary on the part of parents or guardians of the children contributing. Forms for use in this connection are sent to the different Indian Agents to be filled in with the necessary information when the money is trans- mitted to the Department to be placed on deposit. The department also supplies the Indian agents with forms upon which to make application for the withdrawal of savings on deposit. Funds Dealt zuitli by Agents. All funds belonging to Indians passing through the Agent's hands are en- tered in the cash-lwok and an account is opened in the ledger in the Indian's name. These funds are disbursed by official cheque signed by the Indian Agent, on the local bank where the funds are deposited to the credit of a Trust Account in the Agent's name. In addition to the cheque the Agent is required to file in his office in support of each payment made a receipted account, or a receipt, signed in duplicate, by the person or persons who receive the amount of the cheque. At the end of each month the Indian Agent forwards to the department an abstract from his cash-book covering the month's transactions, supported by receipts, and a sworn declaration, together with a certificate from the manager of the bank covering the balance in the bank at the credit of the Indian Agent's Trust Fund Account, at the end of the month. A statement showing the balance at the credit of each Indian's account at the end of the month is also forwarded. The Indian Agent is supplied with an official cheque book, and he must account for every cheque. If a cheque is cancelled it must be kept fur the Auditor's inspection. Contrast this simple plan with the cumbersome plan of our In- dian Office, where an account is carried in the bank for each in- dividual Indian ; where an Indian cannot cash a check without the appro\al of the superintendent, who in turn cannot ap]:)rove it till he has secured written authority from Washington, wliicli aulhorily may or may not be returned in time to meet the Indian's wants and 33 until the Indian, ignorant of the time when the authority may be returned, may have made repeated trips to the agency, covering long distances for his check. Office and Field Organization in the Canadian Indian Service. A comparison of the administrative organizations for the conduct of Indian afifairs in the two countries is illuminating and contains many helpful suggestions for us on this side of the line. I have already pointed out the comparatively small amount of correspond- ence that passes between the field and ofifiice forces, or the "outside" and "inside" services as they are called in Canada. This is due, largely, to the greater responsibility imposed upon superintendents in Canada, especially in the handling of money of individual Indians and to the lack of a mass of clerical work which Indian Service em- ployees in the United States have to perform in connection with the individual allotment of Indian lands. There is one feature of the Canadian office organization, or inside service, which I think contributes much to efficiency and which is very different from our policy of office administration ; the ac- countant's branch, corresponding to the accounts or finance division in the Indian Office at Washington, is the administrative branch, whereas with us, the education and land divisions are the principal administrative divisions, while the accounts division has no admin- istrative functions whatever. The Canadian plan holds the funds and the policy and methods of expenditure constantly under the directing eye of the chief of the accountant's branch. In the United States Indian Bureau there is no subordinate official who has under his eye all the activities of a single school or reservation, and re- sponsibility is so divided among different division chiefs, none of whom are charged with knowledge of available funds for any given reservation or the responsibility for their wise and economic expenditure, that it may be said, there is no centralised administration of Indian reservations from the Indian Bureau in Washington. That those familiar with the business organization of the Indian Office in this country may have before them the Canadian plan of organization, I give below a brief outline of it: There are in the Inside Service of the Department of Indian Affairs seven main divisions, as follows : — The office of the Deputy Superintendent General, The Secretary's Branch, 34 The Accountant's Branch, The Schools Branch, The Lands and Timber Branch, The Surveys Branch, and The Records Branch, the duties of which may be generally defined as follows : — The Office of the Deputy Superintendent General: All matters affecting the policy of the Department are referred to the Deputj"^ Head for final directions. Certain routine matters and matters of established policy are dealt with by the branches. The Deputy Superin- tendent's office deals with a large amount of personal correspondence and has direct supervision of the work of the department in all its ramifications. Secretary's Branch: This branch controls the correspondence of the department, the prepara- tion of reports to His Excellency The Governor General in Council, the legal work of the department, the issue of stationery supphes to officials of the department both inside and outside service, the supplj^ of books, etc., to Indian schools, the issue of licenses to trade on Indian reserves, the printing required by the department, the election of Chiefs and Coun- cillors under the provisions of the Indian Act, the collection of the statis- tics for the annual report, and the supervision of the preparation of returns and answers to questions for the Senate and House of Commons. The Accountant's Branch: This branch has charge of the financial operations of the department, the expenditures and revenue for Indian Trust Fund and ParHamentary appropriation. It supervises the farming operations, cattle industry, medical service and hospitals ; also supervises contracts and -the purchase of all sup- plies and live stock, supervises the Inspectors' reports, the Agents" monthly reports, the Police Service, distribution of annuities and interest moneys, has charge of the administration of Indian savings and loans granted to Indians, and prepares the estimates for Parliament. This branch, having control of the expenditure and revenue and being the custodian of the Trust Fund, might be said to have the general manage- ment of all the various business activities of the department. In a word, the expenditure of money by this branch is not merely a mechanical series of payments or receipts dictated by other branches. The Accountant has vital connection with all schemes for the improvement of the Indians' condition, (Education, etc., etc. Attached to this branch are the architects and engineers of the department and a draughtsman whose work it is to prepare the plans and specifications for agency buildings, schools and other work. 35 Schools Branch: This branch has charge of the educational policy of the department and the administration of nineteen industrial, fifty-four boarding, and two hundred and fifty-one day schools. The Lands and Timber Branch: This branch controls the disposal of lands, timber and minerals on Indian reserves. The work of the branch involves dealings with surrenders of land under the provision of the Indian Act, the sale of such lands, keeping individual purchasers' accounts, the collection of purchase money and the issue of all Crown Grants for such lands ; the issue of location tickets under the Indian Act to individual Indians for their holdings on Indian reserves, the issue of leases for the lands of individual Indians in accordance with the requirements of the Indian Act, the surrender and disposal of minerals under regulation, the surrender and disposal of timber on Indian reserves, the issue of permits to individual Indians to cut timber on re- serves and the protection of Indian reserves against trespassers. The Surveys Branch: The work of this branch consists of issuing instructions for the location and survey of Indian reserves, the preparation and examination of plans, field-notes and other returns of survey, the examination of plans and valuations of rights of way, station grounds, etc., for railways through Indian reserves, for highways, irrigation ditches, bridges, culverts, etc.; the drawing of descriptions for all lands sold by the department, the prepara- tion of maps and plans showing Indian reserves. The Records Branch: The work of this branch may be stated to consist of receiving, registering and filing correspondence, looking up old records and indexing the official letter-books. Field Organiaation: The field organization consists of agents, doctors and inspectors or super- intendents. Each agency is in the direct charge of an Indian Agent, and where conditions necessitate there is in addition to the agent a clerk, farmer or stock-man, interpreter, etc. In the Maritime provinces the work of the agents is supervised by two superintendents who work under the direction of the department ; in Ontario and Quebec their work is supervised by two inspectors. As regards the western provinces and the territories, there are a chief inspector, three inspectors for Manitoba, two for Sas- katchewan, one for Alberta and one for the portion of the northwest terri- tories which has been included in treaty (No, 8), There is also an inspector of Indian agency accounts for the provinces of Saskatchewan and Alberta, In British Colombia there are three inspectors of Indian agencies and an inspector of Indian schools. 36 All inspectors report direct to the (leput\- minister of the department. When their reports are dealt with at headquarters the agent's report is subject to either praise or blame and a copy of the letter based on the reports is sent to the Inspector himself. The inspector is kept in contact with the work of the agencies by monthly reports which are transmitted by the agent to the department through the inspector's ofificc. In the Yukon the department has an Indian superintendent. Medical Attendance: In only half a dozen instances are the services of the medical attendants engaged exclusively for the Indians. In all other cases the medical officers are general practitioners who for a stated remuneration attend the Indians. Canada's Indian School System. The half -day plan of academic instruction and the methods of industrial education in the Canadian schools are similar to those in our Indian schools. Consideration of this subject, therefore, may be confined largely to a discussion of the policy of church manage- ment of Indian schools in Canada, which differs radically from the policy in this country. My opinions on this policy have been formed not only as a result of my observations of Indians and Indian schools in the two countries, but from my discussions with men in charge of these schools representing both the church and government. Among the representatives of churches to whom I am especially indebted for very interesting information and opinions on the subject are: Rev. Thompson Ferrier (Methodist), in charge of the Brandon Industrial School in Manitoba, who also has general direction of all the Methodist Indian schools in Canada. Archbishop Emile J. Legal (Roman Catholic), in charge of St. Albert's Boarding School, near Edmonton, Alberta. Rev. Andrew S. Grant (Presbyterian), in charge of the Presbyterian schools in Canada. S. R. McVitty (Methodist), principal of the Mount Elgin Industrial School. Ontario. Rev. Joseph Gras (Roman Catholic), in charge of the school at Caugh- nawaga, Quebec. Rev. Joseph Hugonard (Roman Catholic), principal of the Qu' Appelle Industrial School, Saskatchewan. Rev. Joseph* De Gonzague (Roman Catholic), Pierrevillc, Quebec. Rev. B. V. Fuller (Anglican), Shingwauk Home, Sault Ste. Marie, Ontario. A. E. Wilson (Anglican). Elkhorn Industrial School, Elkhorn, Manitoba. Rev. John McDougall (Methodist), former missionary among the western tribes. 37 The schools are conducted under the following auspices: Roman Catholic 81 day, 30 boarding, and 9 industrial. Church of England 74 " 15 " " 4 " Methodist 37 " 4 " " 4 Presbyterian 7 " 8 " Salvation Army 2 " Undenominational 48 " 2 " The undenominational schools are supported wholly by the Gov- ernment, but in the strict sense they are not undenominational, as each one is considered to be under the patronage of either Protestant or Catholic pupils. In no case do children of Protestant faith attend Catholic schools and vice versa. The one industrial school which is nearest a government unde- nominational school is the school at Elkhorn and this is really an Anglican school. It was taken over by the government because the church was unable to maintain the school on the payment of $125 a year per pupil by the government. It now costs the government about $240 per capita to maintain it. The churches receive from $80 up to $125 per pupil and they keep pupils the year 'round, educate, clothe and subsist them. If this income from the government proves insufficient, the church organization makes up the deficit. Where only $80 is paid by the government, the government furnishes the buildings, and keeps up all repairs. When from $100 to $125 is paid, the church furnishes the buildings, but the government keeps up repairs. The church selects the teachers in all the industrial and boarding schools operated by it and in most cases nominates the day school teachers. The Indian agent makes a monthly inspection of the schools and reports the conditions to the Ottawa office. In two of the eastern provinces there is an additional inspection by the school inspector of the provinces, who also reports to the Indian department. The con- tracts between the churches and the Government provide that the teachers furnished by the church shall measure up to the stand- ards required by the government ; that the rations furnished shall be sufficient and come up to certain definite specifications ; that the course of study followed shall be in close conformity to the course of study in the province where the Indian school is situated; and that the church shall have the pupil for a period of eleven years. The remedy of the government, should the church fail to live up to any of the requirements, is found in a revocation of the contract. 38 Two things impressed me particularly about the Canadian Indian schools : First, the closeness of the relation between the government and the churches which conduct the schools under government auspices ; and, second, the homelike atmosphere which envelops the schools. Indian education in Canada, even to a larger degree than in the United States, had its beginning in the efforts of the early mis- sionaries, who followed close on the heels of the Hudson's Bay Company which established the first trading posts and brought the first touch of the white man's civilization to the Indians on the Canadian frontier. The first of these missionaries were French Jesuits, whose work among and whose influence, especially on the Indians of eastern Canada, have extended down to the present day. These were followed, beginning with 1634, by John Eliot, whose work and that of the New England Company which grew out of it in IGGl have had a tremendous influence in the shaping of the In- dian educational policy of Canada. The dift'erence between Canada and the United States as respects the attitude toward the churches which have engaged in educational and missionary work among Indians is, that Canada from the beginning has frankly recognized her debt to the churches and her need of their continued help, whereas the United States Gov- ernment, by raising the fetish of "church separation," has weakened the effectiveness of missionary work among the Indians and has come near to depriving the Indian youth of really beneficial religious instruction in the schools. The Indian Act of Canada provides that "the chief or chiefs of any band in council may, subject to confirmation by the governor in council, make rules and regulations as to the religious denomination to which the teacher of the school established on the reserve shall belong. If the majority of the band belongs to any one religious denomination, the teacher of the school established on the reserve shall belong to the same denomination. The Protestant or Catholic minority of any band may, with the approval of, and under regulations made by the governor in council, have a separate school established on the reserve." Thus, Canada has expressed in law her belief in religious education in the Indian schools and has protected her Indians from the dangers of skepticism and confusion in religious thought, which inevitably attend the system in the United States, where Catholic teachers may by chance be employed to instruct Protestant children and vice versa, and where Protestant and Catholic children thrown in schools together are exposed to the petty gossip and friction 39 which too often find place among missionaries and employees of different religious denominations in the same government hoarding schools. Under the Canadian system the representatives of the church which have charge of the children during the eleven years of their school life feel, always, the inspiration and pressure of a duty to prepare the pupils religiously for the life they are to take up on the re- serve, upon their leaving school, under the direction of other rep- resentatives of the same church, who are placed on the reserve by it to take up and continue the work of religious instruction and guidance where it left off at the school. The church having the child in its youth learns its character, its desires, its strength, its weakness, and by following up the individuals from the school to the reserve, is able to offer encouragement where encouragement is needed, or protection, or suggestion, or assistance, where these are needed. The representative of the school generally keeps in touch with the homes of the children, often speaks the language of the parents, and the tenure of office of the church school em- ployees, like that of the tenure of the agency or reserve employees, is permanent, and transfers rare; if an employee turns out to be incompetent he generally leaves the service entirely and is not trans- ferred to be a misfit elsewhere. I have said that I was impressed by the homelike atmosphere surrounding the Canadian Indian schools. I was particularly struck by it at the Elkhorn Industrial School in Manitoba where there were 100 Indian children enrolled. The girls of the school, at recess and at intervals when they were not engaged in school work, in the most informal way would play with the teachers or the superintendent's wife ; would form themselves in lines, and holding hands, playfully surround some employee. This sort of play never appeared rude or out of place. There seemed to be the same sort of friendly relations between the superintendent and other male employees and the boys. There was nothing that indicated fear or undue reserve on the one hand or rudeness or lack of respect on the other on the part of the pupils and all appeared to be happy members of a large family, with the superintendent and his wife at the head. It may be argued that the size of the school has much to do with this. Perhaps it has, but I observed the same sort of home or family atmosphere at the Qu' Appelle school in Saskatchewan, where the enrollment was 225. My judgment is, that the main cause of this home atmosphere is to be found in the government's frank en- couragement of religious instruction which makes the teachers feel 40 responsible for every phase of the pupil's development, spiritual and physical, mental and moral. As I have said, the plan of instruction in Canada's Indian schools is not different from that in the government Indian schools of the United States. The half -day plan of academic instruction alternating with a half day of industrial training is the general rule, and the different types of schools in Canada have developed along about the same lines as they have in the United States. In the very early periods before the government took hold of the matter of Indian education the missionaries gave instruction, some- times in boarding schools, oftener in day schools, or from family to family, wherever convenience dictated. When Indian education was taken up seriously by the Government in western Canada late in the eighties, following an investigation of Indian schools in the United States and report thereon to the Canadian Government by Mr. Nicholas Flood Davin in 1879, the policy was for the gov- ernment to establish industrial schools and place them under the auspices of the several churches. These schools, like the early Indian industrial schools in the United States, were generally re- moved a considerable distance from the Indian reserves. But these being inadequate to the entire Indian population of school age, boarding schools were established by the churches from time to time on many of the reserves ; just as was done in the seventies in this country, when our Indian reservations were parcelled out to the various churches under the government's "Peace Policy," inau- gurated in 1869. As these church boarding schools increased in number the burden became too heavy for the religious organizations to bear and the government gradually assumed that burden just as it had the burden of the industrial schools which the government con- structed and at first turned over to the churches to maintain. At first the government contributed to improvements, enlargements and repairs of these church schools in a haphazard manner, making up the deficit after the church had exhausted its resources, without regard to any system whatever. Recently the government has de- cided upon a definite plan, under which a fixed amount per capita is given to the various schools conducted under church auspices, making the amount from $80 to $125, as heretofore stated, in accord- ance witii the location of the school and the comparative cost of supplies and general maintenance ; and depending also upon whether the government or the church itself paid for the repairs and im- provements. This co-operative plan is working splendidly. If there is any friction between the government and the churches, I Some School Children with their Grand-Parents, Ou'Appelle Industrial School, Saskatchewan. i'i", •>-'? 41 was unable to detect it. A few superintendents were heard to say that they believed the government ought to conduct the schools free and independent from the churches, but when questioned closely it invariably turned out that the superintendent had in mind a plan by which he personally would have the selection of all the teachers under him, just the same as the churches now have it, and not one of them favoring the so-called government school would have wanted the increased responsibility without the privilege of naming his employees. The Indian schools of Canada, in equipment, are not at all equal to those in the United S.tates ; they would doubtless be more effec- tive if more money were spent for their proper equipment and if better salaries were paid. However, the present plan of co-oper- ation between the government and the churches, with the greater influence exerted by the teachers on the character of the pupils, even with the handicap of inferior equipment mentioned, is doing more for the Indian youth, in my judgment, than is being done in our Indian schools. At only one school in the Dominion of Canada did I see any part of the ecjuipment which struck me as superior to similar equipment at Indian schools of this country ; at the Bran- don Industrial School (Methodist) I saw a more up-to-date and better constructed dairy barn than I have seen at any Indian school in the United States, and I do not believe there is a school in this country where boys are receiving more practical instruction in the care of cattle and horses and in farming than they are at this school. It is interesting to compare the cost of schools of similar size in the two countries. The Brandon School, which I have just men- tioned, with an enrollment of 135 pupils costs the Canadian Govern- ment $15,635, or $125 per pupil. Out of this fund the management of the school pays 13 employees ; the superintendent, a man of unique ability, drawing $1,500, and the salaries ranging from that amount down to $240 per year. It is fair to compare with the Brandon school the boarding school on the Umatilla Reservation in the United States, where 93 pupils are enrolled. This school has 13 employees, the same number as the Brandon school, whose salaries amount to $8,830, and the total cost of the school in 1912 was $22,637.56, a per capita cost of $279.47 or a little more than twice the per capita cost of the Brandon school. The Mount Elgin Industrial School, another excellent school conducted by the Methodist Church, has enrolled 125 pupils, for which the government pays $80 per pupil plus the cost of repairs. 42 There are \2 employees here drawing in salaries $9,850. This plant includes a farm of 1,000 acres, of which the superintendent has made a remarkable financial success, and with the produce from which in addition to the $80 j)er ])upil allowance from the government he is supporting the school and making a surplus each year besides, The Shingwauk Home at Sault Ste. Marie is conducted under the auspices of the Anglican Church and has a capacity of '(5 pupils. For the education of these the Canadian government pays the church $100 per pupil. Here, there are seven employees whose salaries aggregate $2,350 a year. This sum, as a salary roll, of course, is inadequate. The present superintendent is laboring un- der a debt against the plant which he is gradually paying off by economizing on his pay roll. The cost of this school to the govern- ment, namely, $7,500 a year for 75 pupils, may be compared with the Fort Berthold, N. D., boarding school, where the total cost is $7,827 and the per capita cost $113.43; and the Sac and Fox school in Oklahoma with the same number of pupils, where there are 13 employees drawing $8,510 in salaries and the total cost of the school in 1912 was $16,723.64, or $217.19 per capita. The Qu' Appelle Industrial School (Catholic), the largest Indian school in Canada and one of the very best, an excellent institution in all its departments, academic and industrial, has an enrollment of 225 pupils, under 15 employees, which costs the Canadian govern- ment $28,125, or $125 per capita. The cost of this school may be compared with that of the Pima boarding school, where in 1912 there were 218 pupils under 23 employees, costing the government $36,553.53 or a per capita cost of $208.87. The simplicity of method and equipment of Canadian Indian schools is in harmony with the Canadian point of view with re- spect to her Indians, which is fundamentally different from ours. Our Indian land policy is intended to break up the tribal community and segregate the individual members on tracts of land surrounded by white persons, among whom it has been our frank and avowed policy to have them as quickly as j)ossible lose their identity as Indians. Canada's policy is to develop civilized communities of Indians; and, naturally, the policy of her schools is to prepare the Indian to live in his own environment. It cannot be disputed that, in the largest Indian schools in the United States, the modern equipment, with improved machinery for washing dishes, laundry work and shop work, are better intended to fit Indian youth for life in large commercial centers than upon reservations, even with the reservations broken up and occupied in part by white people. 43 The Canadian policy in this regard is very well stated in the follow- ing language in "Relations of the Government to the Indians" by Mr. Duncan C. Scott, Deputy Superintendent General of Indian Afifairs (Canada and Its Provinces, Vol. VII, page GIG). Speaking in the widest terms it is now recognized that the provision of education for the Indian means an attempt to develop the great natural intelligence of the race and to fit the Indian for civiHzed life in his own environment. It includes not only a school education, but also instruction in the means of gaining a livelihood from the soil or as a member of an industrial or mercantile community and the substitution of Christian ideals of conduct and morals for aboriginal conceptions of both. To this end the curriculum in residential schools has been simplified, and the practical instruction given is such as may be immediately of use to the pupil when he returns to the reserve after leaving school. At that moment he is assisted by a grant of cattle or horses, implements, tools and building ma- terials, and he receives special advice from the agent or farming instructor. Marriages are arranged between former pupils and the young wives are given domestic articles as a dower. Indian Marriages and Divorces. The whole story of Indian marriages and divorces in Canada is told briefly in the following circular issued by the Indian depart- ment : A marriage between Indians or between Indians and others solemnized or contracted in accordance with provincial or territorial law is valid. The validity of marriages between Indians contracted in accordance with the customs of their tribes has been established by the courts, notably in the case of "Connolly vs. Woolwich, and others," in 1867 ; nor does the fact that one or both of the contracting parties may profess adherence to Christianity affect the matter. It is particularly deserving of notice that the validity of Indian divorces has never been affirmed in Canada, and Indian marriages, if valid, cannot be dissolved according to the Indian customs, but only in such manner as other marriages may be dissolved. If an Indian is validly married to one woman and has gone through a form of marriage with another which would make her his wife but for the fact that he was already married, he is guilty of bigamy and Hable to the penalties for that crime (Section 308, Criminal Code, R. S. C, 1906), and the Department of Justice has expressed the opinion that, even if there has been no valid marriage but the Indian intended by complying with the customs of the band relating to marriage to make more than the' first married his wife or wives, or if, even without such intention, he has complied in the case of two or more women with the requirements of the tribal customs, he may be successfully prosecuted under section 310 of the Criminal Code. 44 With reference to a more or less prevalent idea that a man or woman can legally contract a fresh alliance if he or she in good faith and on reasonable grounds believes his wife or her husband to be dead or if his wife or her husband has been continually absent for seven years then last past and he or she is not proved to have known that his wife or her husband was alive at any time during those seven years, it has to be pointed out that, while such conditions would furnish a good defence against a charge of bigamy, they would not serve to legalize the second alliance in case of its being shown that both parties to the first marriage contract were alive at the time of the second purported marriage. Enfranchisement of Indians in Canada. I have said that a road to full citizenship is provided by the Canadian Indian Act. That road at present is made too difficult, and is too closely associated with the Indian's land status. The progress made under the present enfranchisement act and the need of an amendment to that act are well stated by Mr. Scott, as follows : In Ontario one band has fully worked out its problem and become merged in the white population. The Wyandottes of Anderson, a band of Huron stock, were enfranchised in 1881. By education and intermarriage they had become civilized. One of their members had represented the County of Lambton in the Provincial Parliament. They were self-supporting and the experiment of enfranchising the whole band was not in any way hazard- ous. A few other bands in both provinces are ripe for like treatment, but it is not the present policy of the Government to force Indians into full citizenship. This experiment in enfranchisement has been closed successfully, and it may be followed in the future by others. But extreme caution is necessary. The radical principle underlying our policy of Indian management is to keep liie Indian community attached to the land, at the same time giving the great- est freedom to individuals to secure their livelihood far and wide by any liijnest endeavor. It is wisdom not to entrust the absolute ownership of land lo individuals until their ability to protect themselves against the designs of self-interested persons, who have no thought for their welfare but merely to get the best of a land bargain, is beyond doubt. Reform is needed in the law governing enfranchisement, particularly in the direction of freeing In- dians, not of the professional class, who are living away from the reserves and supporting themselves, and who do not wish to remain with the band hut to obtain full citizenship. The law at present in force does not allow enfranchisement for such Indians, and I trust that it may be possible to obtain legislation framed in the best interests of this growing class. It is Utterly incomprehensible to me that the right of franchise has been withheld by the Canadian government thus long from the Indians of eastern Canada, and from many in the west, who 45 are undoubtedly as well qualified to exercise it as a majority of the white citizens. It seems wholly inconsistent with the emphasis placed by that government on the development of local self-gov- ernment on Indian reserves and the scrupulous care exercised always not to sell or use Indian property without first consulting the owners. However, Canada's approach to enfranchisement, as to many other policies of dealing with her Indians, has been diametrically opposite to that of the United States. She has been preparing her Indians for full citizenship by letting them exercise extensive powers of local self-government, but has stopped short of conferring upon them the title of citizenship for which her scheme of training has prepared them. On the contrary, in the United States, we have been prompt to confer the title of citizenship upon our Indians and to extend to them the right of franchise while we have almost wholly neglected the training in local self-government necessary to prepare them for an intelligent and helpful exercise of that right. Administration of Indian Reserves in Canada. I have already pointed out some of the more striking differences between the reserve system in Canada and the reservation system in the United States. These dififerences are worthy of elaboration. In Canada, as in the United States, Indians were first dealt with by the military arm of the government. For a short period there- after the State Department was in control, and then the Interior Department took charge, and an Indian Department similar to our Bureau of Indian Affairs has had charge since 1880. From 1763 to 1841, the period of military control, Canada was either engaged in wars or had a large, sparsely-settled and unprotected frontier, and her attitude toward Indians was more or less influenced, on the one hand, by her desire to win the support of Indians as friends and allies, or, on the other, through fear of Indian attacks on her frontier settlements. During all that period, therefore, the In- dians of Canada were treated more or less as an independent sover- eign power. The second period of Indian Afifairs, from 1841 to 1867, is marked by a gradual change from a policy which was dic- tated in a measure by considerations of fear and self-interest to one dominated by efforts to civilize, educate and Christianize the Indians. This was the period before confederation of the provinces, when each province dealt in its own way with its Indians. The third period of Canadian Indian Affairs, from 1867 to the present date, marks the control thereof by the Dominion government. 46 The ninety-first section of the British North-America Act gave the Dominion power to legislate for "Indians and lands reserved for the Indians." According to Mr. Scott, the transition was easy. The Province of Canada had, in working order, a division of the Executive deahng with Indian Affairs, and the business of the small Indian bureaus of Nova Scotia and New Brunswick were readily absorbed. The department of the Secretary of State dealt with Indian matters; the Acts passed by Nova Scotia and New Brunswick affect- ing Indians were repealed and in 1868 a Dominion Act, which consolidated previous acts and summed up the best features of Indian legislation, was placed on the statute book. The policy thus well established was not changed, only developed and amplified year by year down to the present time. It was found elastic enough to accommodate the problem of handling the native tribes west of the Great Lakes, the Prairie Indians and the Indians of British Colombia.* From the beginning to the present time, in Canada, Christianity- has been a larger factor than in this country in shaping both land and educational policy in dealing with the Indian. Prior to 1763, when the French were in control of eastern Canada, no recognition of Indian title in land was recognized, but the christianization of the Indians was zealously sought. French discovery meant conquest so far as the Indian was concerned. The Indian in himself had no title in the soil, nor had he in his inferior position as a savage, any rights which could become a subject of treaty or negotiation. His land was parcelled out and patented without his consent ; his hunting grounds were constrained by feudal tenure and customs, with- out tribal or individual acquiescence. In theory he was not to be treated cruelly or unjustly; he was, in fact, the object of immense curiosity and of a passionate desire for the welfare of his soul. Little plots of land were set apart for him and seignories were granted that he might be fostered and educated and above all Christianized ; but the acknowledgement of any right or title to the soil was absent.* Sometimes the land set apart for the Indians was given outright to the Jesuit missionaries, whose zealous work on their behalf made a permanent impression on the subsecjuent Indian policy of Canada ; in some cases the land was bestowed by the Crown upon the missionaries, to be held in trust by them for the Indians ; in other cases, individuals gave the grants. The Indian policy of the British government was marked by essential contrasts from the very beginning. The first instructions to British colonial governors, issued by Charles II in 1G70, declared that justice be shown to the Indians; directed that their property be protected and that persons be 47 employed to learn their languages, and that the governor was to consider how the Indians may be best instructed and invited to the Christian re- ligion. From the very beginning of Great Britain's dealing with the Indians, lands had been ceded with due formality and for definite con- sideration; and treaties and agreements had defined the civil relation of the aboriginees and the ruler. It was the British policy to acknowledge the Indian title to his vast and idle domain and to treat for it with much gravity as if with a sovereign power. That title may exist simply as policy, but it has actuated all the Britsih dealings with the Indians, and while it sprang in the seventeenth century from ideals of right and jus- tice, it could be understood and interpreted in the nineteenth by the Law Lords of the Crown, in the following words : "There has been all along vested in the Crown a substantial and paramount estate, underlying the Indian title, which became a plenum dominium whenever that title was surrendered or otherwise extinguished."* *Canada and Its Provinces; Relation of the Government to the Indian, 176o-1891, Duncan Campbell Scott. The "closed reserve" policy, which has characterized Canadian Indian administration from the first, was announced in the Royal Proclamation of 1763, at the close of the French and Indian war. That policy, dictated like our own reservation policy, by the neces- sity of protecting the frontier settlements, was stated in the following words in that proclamation : And whereas it is just and reasonable and essential to our interest and the security of our colonies that the several nations or tribes of Indians with whom we are connected and who live under our protection, should not be molested or disturbed in the possession of such parts of our domains and territories as not having been ceded to us are reserved to them or any of them as their hunting grounds, if at any time any of the said Indians should be inclined to dispose of the said lands the same shall be purchased only for us, in our name, at some pubhc meeting or assembly of the said Indians to be held for that purpose by the governor or commander-in-chief of our colony. From that day, the title of an individual Indian in fee-simple to land reserved to a band or tribe has not been recognized, except in the case of enfranchised Indians and the Canadian government has adhered steadfastly to the policy of educating and christianizing Indians on closed reserves, selling surplus Indian lands when they are disposed of at all, in solid and compact bodies only to the Crown; and not permitting purchase of land in Indian reserves ()y white persons, as has been the rule in this country since the inauguration of the policy of opening Indian reservations to white settlement after making allotments to the Indians. 48 It should be observed that Canada does not expect, in the imme- diate future, to change its reserve policy, nor to adopt our allotment policy and system of "open" reserves. Mr. Scott, on page 633 of volume VII, of Canada and its Provinces, makes very clear this point in the following language: It may be some time before reserves disappear and the Indian and his land ceases to be marked and separated. It would be foolish to make this end in itself the final object of the policy. The system of reserved lands has been of incalculable benefit to the Indians, who require sure foot- hold on the soil, and great caution should be shown in regard to any plans for separating the Indian from his land or for giving him power to alienate his inheritance. There is nothing repugnant to the policy which is being carried out or to the exercise of useful citizenship in the idea of a highly civilized Indian community living upon lands which its members cannot sell. Again, he says : As the maintenance of the reserve intact is the basic principle of the Indian administration, it is clear that great care must be used in enfranchising Indians and allowing them to hold land in fee-simple. The status of the half-breed today, in Canada, is the strong- est possible visible argument in favor of her "closed reserve" policy of Indian land tenure and against the liberal policy of individual tenure which is being followed in this country. In the seventies, Canada, by a mistake, acceded to the arguments of a large number of half-breeds and freed them from the restriction imposed upon them as Indians, giving them the choice of 240 acres of land on the public domain, or of negotiable scrip therefor. The half-breed who accepted land or scrip, thereby, in terms, renounced his right and interest in the land or other property of the band of which he was a member. By this act he was granted all the privileges of citizenship, although he has not been given the careful preparation for assuming its responsibilities that for many years has been given the full-blood Indian of Canada. Tlie scrip and the land of the Canadian half-breed was snai)ped tip as quickly and with the same general consequences to him as was the land of the unrestricted Indian in the Five Civilized Tribes in Oklahoma, upon the passage of the Removal of Restrictions Act in 1908. Today, the word "half-breed" in Canada is a synonym for the worst type of citizen in the dominion. \Miilc there arc tnany 49 noteworthy exceptions, the Canadian half-breed, speaking generally, is a roving, irresponsible individual, a veritable gypsy ; his children, for the most part, being deprived of school facilities because of the nomadic character of the father or of his poverty. Trailing far behind his restricted full-blood brother on the reserve, the half-breed, physically, morally and intellectually is a standing warn- ing against the policy of too early removal of Indian land restrictions. In the reserves of western Canada the real work of civilizing the Plains Indians in settled communities began scarcely forty years ago, and this fact explains why the Indians of these reserves have not reached the point in their development, w^hen, through their band councils, they may exercise the large functions of local self-government exercised by the bands in the eastern reserves. But they have begun their march upward. Their councils, composed of chiefs and assistant chiefs, just as they were in the old days, instead of dealing with questions relating to hunting or war parties or the enforcement of tribal rules of justice, are gradually taking up the problems of the new conditions which surround them. The form of the old tribal machinery is retained, but its functions are changed, as the Indians, themselves, become educated and prepared to assume responsibilities in conformity with the standards of civili- zation. The form of the tribal government is thus preserved as a means of easy approach, from the Indian's own point of view, to the white man's ways, through avenues familiar to him, its func- tions gradually changing and increasing until the Indians, after several generations, unconsciously, by processes of evolution, may take on the characteristics of self-governing white communities and become part and parcel of the state. The evolution of the tribal council in the United States has been in exactly the opposite direction. We recognized in the beginning, as did Canada, the need of replacing old tribal laws and customs with those of the white man. But, it apparently did not occur to us as it did to Canada to preserve the old form of tribal office and make it the vehicle for carrying the substance of the new laws, the new customs, the new education, with which we desired to supplant the old. Instead, we proceeded to smash the form of the old tribal government by administrative action where such action could make effective our purpose; by legislation, as in the case of the Five Civilized Tribes, where that purpose could not be achieved otherwise. We assumed that the best way to get rid of tribal customs and laws inconsistent with the white man's plan of gov- ernment, was to demolish the machinery through which they had 50 been exercised. And so, our government not only does not recog- nize "chiefs," but only in the case of treaty reservations and where the law requires, does it recognize business committees or Indian councils. In these cases the functions of the council are limited and the attitude of the government toward the tribal organization is one of impatient toleration; the more advanced the tribe, the fewer the fiuictions of the tribal council we recognize. Our theory is that the individualization of Indian reservations by the process of allotment brings the Indian under State law and makes him a part of the citizenry of the state. In fact, the individual by this process, generally, is left between "the devil and the deep blue sea," neither the state nor the nation troubling itself to assume jurisdiction or re- sponsibility with reference to his conduct, while the participation in local self-government opened up to the Indian under the Canadian system, in this country is closed against him through the absence of active tribal councils on Indian reservations and by local sentiment or by the lack of initiative on the part of the Indian himself in cases where he lives on his allotment in an organized county and has a technical legal right to participate in local and state govern- ment. The Canadian system applied to the Indians of the Five Civilized Tribes would have prevented the frauds and losses from which thousands of those Indians have suffered. The lands not needed by them for agriculture or other purposes would have been thrown open in blocks to settlement; the homes of the Indians would have been held in perpetuity for them, and no white man could have bought a foot of land from them in the retained reserve. The Indians w^ould have been encouraged to go outside the reservation to work, to attend school, to buy land and become tax-payers. But, they could not have trafficked away their birthright in land for a "mess of pottage" and left their children landless and home- less. Instead of the tribal government having been emasculated, the Five Civilized Tribes would be practically self-governing com- munities like the Six Nations at Brantf ord ; financing their own schools from interest on tribal funds and making and executing the local laws essential to their welfare and advancement. To be sure, they would not all be called "citizens," with the right of fran- chise. But, how many of these Indians, outside of voting, do, in fact, feel and exercise responsibilities in local government? I low many of them, in fact as well as in theory, are real citizens of the state? How many of them have developed a capacity to protect themselves from designing white men ? Clerk's Residence, Touchwood Hills Agency, Saskatchewar 61 The most striking thing about the management of Indians on reserves in Canada is the simplicity, comprehensiveness, elasticity and efficiency of the Indian policy, a policy which takes into account the legal status of the Indian, provides definite penalties for his misconduct, adequate judicial remedies for wrongs committed against him, and establishes a progressive system of self-govern- ment suited at once to the needs of the untutored half-savage of the western plains and the highly civilized product of three centuries of Christian civilization in the eastern provinces. The main features of the Canadian Indian Act relating to the government of Indian reserves are made clear in a very excellent memorandum prepared by a former law clerk of the Indian de- partment of Canada, Mr. Reginald Rimmer, now Judge Rimmer of Saskatchewan, from which I shall quote in part in the Appendix to this report. (See Exhibit B.) Discussion of Reserves Visited. In the following paragraphs I shall discuss the reserves which I visited in order to illustrate by concrete example the methods of applying the principles of reserve management which I have dis- cussed in previous paragraphs : A COLONY FOR EX-PUPILS. At File Hills near Balcarres, on the Grand Trunk Railroad, in the Province of Saskatchewan, is a small reserve, where I found an illustration of Indian administration which approaches near- est to the perfect ideal I have seen either in the United States or in Canada. This agency is distinguished particularly because of a colony of ex-pupils from the Canadian schools, which has de- veloped into a unique Indian community. The methods of the Ca- nadian government in dealing with the ex-pupils in this colony, as well as its methods of dealing with the old Indians on the same reserve, I shall present in detail as the best illustration I can give of the simplicity and efficiency of the Canadian system. The File Hills Agency has under its jurisdiction 308 Cree In- dians, and covers three small reserves containing in the aggregate 84,454 acres of land. A little more than one-half of this area consists of swamp and hay lands ; the rest is open agricultural lands. The wooded portions of the reserves are occupied mostly by old Indians and, of course, are unallotted. The open agricultural part 52 of one of the reserves has been surveyed and set apart in tracts of 40 acres or more to the young men who, upon completion of a course in an Indian school are encouraged to settle thereon. These individual tracts arc not allotments in the sense that allotments are made in the United States, but are merely selections for which a location ticket is issued, and which continue indefinitely in the possession of the occupant so long as he makes proper use of the same. There is, in fact, a permanency of tenure of these tracts and the Indians feel just as secure in their occupancy and the same sense of proprietorship as they do on allotments in the United States when a patent in fee simple has been issued. This ex-pupils' colony started nine years ago with two families. Today it contains 31 families, in all, numbering 116 men, w^omen and children. Everyone made a start on raw land with no capital whatever, except his earnings through his own eflorts and the loan of a yoke of oxen and plow to the young men who had insuf^cient funds of their own to buy them, and $125 each in cash when they were married, to help them build or furnish their houses. At the time of my visit every dollar lent by the government for the purchase of oxen and plows had been returned, except $425, which had been recently lent, and the total aggregate of outside debts incurred for machinery, lumber for building, etc., amounted, for the whole colony of 31 families, to less than $1,000. This colony, at the end of the fiscal year 1914, had more than 2,000 acres in wheat and oats; farm products for the year, including hay amounting to $31,405, which, added to the earnings of individual members of the colony in wages and from other sources, amounted to $37,825, being $1,220 per family, or $326 per capita counting the women and children. The total value of the personal property of the mem- bers of the colony, outside of grain, is estimated at approximately $55,000. Several members of the colony have substantial bank ac- counts. The colony is situated about 15 miles from where the old Indians live, on the same reserve, and is arranged in two groups, those of Catholic faith being in one group, while those of Protestant faith are in another, five or six miles distant. Each group has its own church. Imilt at its own expense, and contributes in part to the support of the pastor in charge. About half way between these two groups is situated a neat little modern hospital where a resi- dent nurse is in charge, her salary paid by the government. She makes it her business to call from time to time upon the young wives in the colony and is available at the Indian homes on occa- 53 sions of child-birth, when the young mothers cannot come to the hospital. The health of the Indians on this reserve is guarded by a doctor, who is employed under the "call system," receiving a certain amount for each call, in addition to a fixed sum for inspecting the File Hills School (Presbyterian). The Indian farmers of the colony are under the immediate super- vision of a farmer who lives among them and advises them as to the methods of plowing, harvesting and marketing their crops. The colony maintains an excellent brass band and has two base- ball teams, and during the winter has regular literary entertainments, lectures, and farmers' institutes, where advanced methods of farm- ing and stock-raising are discussed, and the experts of the provincial Department of Agriculture come without charge to give instruction as they do in the white communities. The colony also holds an annual agricultural fair, which is a self-supporting institution and attracts wide attention. A chief feature at each fair is a beautiful shield given to the colony by Earl Grey. The farmer who raises the largest and best crops each year is given the shield to retain until some one takes it away from him in the same sort of competi- tion at a subsequent fair, the name of each winner being engraved on the shield. In Canada the experience has been similar to that in this country where ex-pupils have left school and returned to their parents who are living in the old way on the reserves ; industrial progress has been made only in exceptional cases. The colony plan of segrega- tion keeps the young people near enough to their parents to visit them at intervals and still free to live as they have been taught to live while in school. I visited nearly every home in this colony and with a possible single exception, found them neatly kept and comparable in appearance to average homes of white people. There is close and sympathetic co-operation between the board- ing schools where the young men of the colony are educated and the superintendent of the reserve. Indeed, the colony idea is largely that of the Rev. Joseph Hugonard of the Qu' Appelle School, the largest Indian industrial school in Canada. About two-thirds of the boys of the colony come from Rev. Hugonard's school, while most of the balance are from the File Hills Presbyterian School, another neat and well-equipped boarding school, which is situated on the reserve. Before the young man leaves school he is encouraged by the school authorities, if he shows industry and promise, to settle in the colony. In some cases he at first works outside the 54 reserve or for members of the colony on the reserve, to earn enough money to keep himself during the first farming season. When he has done this he goes to the agent and applies for a yoke of oxen, a plow and harness. These are loaned to him on four years' time, under the following agreement, which he is required to sign: I, , a member of Okanees Band, at File Hills, do hereby acknowledge having received on the 18th day of March, 1914, from the Inspector of the Indian Agencies at File Hills, one yoke of oxen valued at One Hundred Dollars, under the following conditions : — First, I agree to return to the Department of Indian Affairs within four years, a yoke of oxen of equal value, viz.. One Hundred Dollars, or I will pay the department through the Indian Agent, in installments, within four years the said amount in cash. Secondly, I agree that the ownership of the oxen shall remain in the Department of Indian Affairs until I have paid for them in full. Thirdly, I also agree to take good care of the oxen while in my charge, and it is understood that the Indian Agent has the right to take the said oxen from me altogether should he satisfy himself at any time that they are being abused or neglected ; and in such case any money paid bj^ me in part payment shall be surrendered as an offset against the use of the oxen while in my charge. As witness my hand this day of , . (Signed) . The oxen are purchased by the superintendent and turned over to the Indian in the spring. He breaks land during the breaking season, living often in a tent or in a simple log or frame shanty ; then he turns his oxen out on grass and works for wages, generally with threshing gangs, in the fall, earning enough to keep him during the second season. In the winter perhaps he cuts poles on the reserve to sell, making fair wages. The next spring he puts in his first crop, breaks some more land, and again, after harvest, turns his oxen out on grass and works for wages, as before. If his crop has been good, he has means the second year to build a house ; then he is prepared to get married, the match, in most cases, having already been arranged before the young people left the school ; and perhaps the young wife has been working with some white family during these first two years and earning enough to buy herself some dishes and furniture necessary to begin house- keeping in a simple way. This sort of match-making is encouraged in all the Canadian boarding schools. The first house usually is a frame structure, about 12x24 with a shed roof, and is divided into two rooms; one, the sleeping and living room and the other a kitchen. With a good crop the third if ave year ile Hills Colony, showing kit is made from crops to build 55 and fourth years and with the wages earned on the outside, the young people are able to save enough to construct the main part of their house, which is generally a story and a half structure, with two good-sized rooms downstairs and a sleeping room upstairs, and to build a barn ; in some cases prosperity is sufficient within that period to enable the young farmer to sell his oxen and replace them with a good horse team. When the first house is planned, if the young man has been duly diligent, the government donates $125 to help buy material, and often, if the crop has progressed to a point where it seems reasonably sure there will be a good harvest, the agent helps the young man to buy the material for his building by guaranteeing payment to the local dealer; indeed, the agent very frequently helps the beginners in the purchase of various farm implements, such as binders, wagons, etc., giving his written guaranty of payment. In a very few cases the parents of the young people have been able to help them with teams, making the borrowing of oxen unnecessary. Nearly every family keeps a cow ; the wife makes butter, looks after the garden and has some poultry. There were two threshing outfits on the reserve, owned in common by the members of the colony, and were operated, with the exception of white engineers, by Indians. The first colonists built log houses with board roofs and the houses were plastered inside and out. Some of them now have elaborate improvements, large two-story barns and houses; their land is well fenced and they have live stock in quantity. A careful individual account is kept in the Agent's office of all grain, cattle, wood, pickets, hay, etc., that are sold. The sale of all products is carefully supervised and is made under permit. The permit is a simple little form in three parts ; the agent retaining one, the Indian retaining the second, and the person who buys from him the third. Only the quantity of the product to be sold is written in the permit, the Indian being free to find a buyer and agree upon the price. This not only protects the Indian, but enables the superintendent to know exactly how much is raised by each Indian and to keep in close enough touch with each individual to make his advice valuable. So much grain is raised in the colony that nearly every colonist sells in carload lots. When the grain is sold, the Indian brings to the Agent sufficient money to pay any accounts guaranteed by the latter; the balance he keeps and spends as he sees fit. When the Indian is out of debt, all restraint is removed; the permit system, then, serving merely to keep the agent's records accurate. There are several Indians who deal 56 practically without any restrictions whatever. During the first year or two of an ex-pupil's life on the reserve he is visited, almost daily, by the farm instructor. During the past five years there has been but one case of drunken- ness reported in the colony, and not a single case has come before the agent, who acts as justice of the peace. Indeed, the agent there does not have one case a year, on the average, of misdemeanor of any kind, either among the old or young Indians. The system of handling live stock on this reserve, and this applies to the old Indians as well as to the ex-pupils' colony, is just as simple and thorough as that for looking after the crops raised. Until an Indian has at least 10 head of cattle in his herd, he is not permitted to sell without replacing the number sold with heifers or cows, and no cattle can be sold or killed for beef, by an Indian, without first securing a permit from the agent. In this way, there is not a single herd on the reserve that is not maintained up to the number which the agent thinks the Indian should have. The bulls are owned by the tribe ; they are purchased, from what is called the "bull fund," which is created by a donation of $2 by the Indian for each steer sold. Each owner of cattle on the reserve is required also to donate two loads of hay to feed the bulls and agency stock in the winter, during which time they are under the care of the farm instructor. The old Indians of the reserve are very carefully looked after, and rations given to the dependent and destitute. There are no theories about rations in Canada, as in the United States, that work in such manner as to force Indians either to starve or to the alterna- tive of killing their own cattle in violation of the regulations. On this reserve, the farm instructor raises enough on the government farm, however, to feed and take care of the destitute, so that the rations furnished are not a charge upon the government or the band. I saw an inspiring exhibition of loyalty to the government on this reserve which was good to see. A young Indian, a member of the colony, came to the office and asked the superintendent for a permit to sell two loads of oats. One of the loads he wanted to sell in order to buy a farm implement ; the other for the purpose of mak- ing a donation to the "patriotic fund" to help England in her war. Upon inquiry, I learned that the 31 young men in this ex-pupils' colony had donated within six weeks after the opening of the war $540 to the "patriotic fund." This donation was in no way sug- gested by the agent, but was the result of the impulse of the Indians themselves, perhaps, from reading the newspapers. Nearly every Barn and part of stock belonging to F. Deiter, the first Ijoy to join the File Hills Colony nine years ago. ^^i • ij':i'^^ -I^il 57 family in the colony takes a newspaper and has some books. Since my return to Washington I have been informed that the colony brass band has been giving a series of concerts and donating the proceeds to the relief of the Belgian sufferers. While the main efforts of this agency were devoted to the young Indians, the old were by no means neglected. Many of them were in tepees, which they use in the summer, having for their winter homes log houses in the heavier timber and bush, where they are protected from the cold. (The tepee as a summer resi- dence is encouraged in all parts of Canada and is doubtless a contributing factor to the good health of the Indians.) Some of them have small herds of cattle and horses. Practically all of them cut poles and pickets, which they market with their small pony teams, and all who have stock are required to cut hay to carry it through the winter. If they fail to do this their cattle are taken away from them. As a result, no watching or discipline is neces- sary and they put up the hay required without supervision from any source. The agent requires them to whitewash their log houses, inside and out, at least twice a year, and also makes frequent in- spections to see that they live in a fairly sanitary manner. They have not attempted here or elsewhere in Canada to make white men out of their old Indians. They help them to live on individual tracts of land where the Indians request it, but they do not attempt to interfere with their communal life and their established customs. On the contrary, the old people are encouraged to make baskets, bead work and moccasins, for which the agent helps them to find a suitable market. Individual holdings of land are not thrust upon them and they are helped to live as happily as possible in their old way. As I have said elsewhere in this report, there is no cumbersome system of handling individual Indian nioneys. The sales and purchases, whether on cash or credit, are made through the agent, and he has just one official account for the debits and credits of the individual Indians which he handles through an approved bank ; the bank furnishes monthly certified statements of the fund, which, with the agent's report, are sent to the Department at Ottawa, and a traveling auditor, at least twice a year, calls and checks up the agent's books with the certificates of the bank. The agent's books always show exactly how much each Indian owes ; how much prop- erty he has in the way of live stock or grain ; what his farming or other industries are; what his income is. Thus, the agent super- vises the financal and industrial operations of his Indians, follow- 58 ing his own best judgment, never having to write to Ottawa for an authority to pay an Indian or to receive a payment from him, and he is not barred, as a superintendent is by the regulations in this country, from helping an Indian to secure credit, where such credit is necessary for the latter's industrial betterment. In this way, the agent supervises very much more completely every transaction of the individual Indian than is done in this country, and, at the same time, the Indian himself has the fullest possible freedom, after re- ceiving his permits, in finding buyers for his products and in making liis own purchases. There is an Indian council of three chiefs on this reserve. The council, since there are no capital funds of the tribe being used for any purpose, has comparatively little to do ; however, the develop- ment of the ex-pupils' colony on one side of the reserve has made necessary the building of roads, the protection of crops from live stock, etc., and the reserve has just about reached the stage which was attained by some of the eastern reserves a good many years ago, when the tribal council will take on more and more im- portant functions of self-government. For instance, the council will soon have the making of by-laws to govern the building and repair of roads ; the appointment of path-masters and prevention of trespass. So simple are the methods of business on Canadian Indian re- serves, that at File Hills the agent, Mr. W. M. Graham, not only supervises these three reserves and the ex-pupils' colony, but he is inspector of seven other agencies containing 2i reserves scattered throughout the province of Saskatchewan, and he has just one clerk to assist him in the ofifice, while a farmer assists in the work on the colony. The blank forms in use, which make possible the large amount of supervision with the minimum of clerical work, are replete with valuable suggestions, and many of them, I believe, could be adopted to advantage in this country. Some of them will be included in the appendix to this report. SIX NATIONS. Another reserve, full of interest, is that of the Six Nations near Brantford, Ontario. Here is a population of 4,692 persons: Mo- hawk, 1,955; Onondaga, 377; Tuscarora, 441; Cayuga, 1,117; Seneca, 230 ; Delaware, 177 ; Oneida, 395. These Indians, most of them residents of the United States until the war of the Revolution, were given a fertile tract of land con- 4 59 sisting of a six-mile strip on either side of tlie Grand River, from mouth to source, as a reward for their loyalty to the crown during that struggle. This large tract has been reduced by surrenders from time to time to approximately 43,000 acres. These Indians are practically self-governing and self-supporting. I was fortunate in being able to meet the business council of these Indians in session. They have the same tribal organization which they had in the middle of the fifteenth century when they confederated for purposes of enforcing peace among themselves and with other Indian tribes, giving to the world an example of a real and effective Hague tribunal. They still have the 50 hereditary chiefs in charge of the business of the confederation, and through that council they manage and finance their schools and their roads, and make the necessary by-laws for the protection of health and punishment of various misdemeanors, their by-laws having the force of laws when approved by the Department of Indian Affairs. The expenses incident to the exercise of these various functions of self-government are paid from the interest on a fund of some- thing over $800,000 standing to their credit in Ottawa and drawing three, five and six per cent, interest. No better example could be found than on this reserve, of the wonderful flexibility of the Canadian system of law. These Indians, like all others in Canada, owe a debt to the con- tinued and constant efforts of the missionaries, which cannot be overstated. The New England Company, by missionaries and teachers, worked with these people from their earliest settlement on the Grand River, in 1783, missionaries of the same society hav- ing labored with them at an earlier date in New England. This company still has an active and most helpful industrial school, the Mohawk Institute, situated near the site of the old village of the Six Nations and near the interesting old Mohawk Church, near which Joseph Brant and his relatives were buried and where their tombs are now to be seen. The sale of the land of the old village has left the Mohawk Institute about 10 miles from the present reserve but it is still filled to its capacity of 80 pupils by sons and daughters of the Six Nations. I visited the old chapel, the Chapel Royal of the Mohawks, built in 1783, and saw the coat-of-arms of George III, and the Lord's Prayer and the Ten Commandments printed in Mohawk, also the old bell, all gifts from George III in 1785; and at the Mohawk Institute, the teacher in charge was proud to show me the silver service presented to the Mohawk Indians by Queen Anne. 60 I saw the council of the Six Nations opened by the Onondaga chief with the same ceremony that has opened the councils of this famous confederacy for the last 300 years; heard the chief offer thanks to the Great Spirit for protecting the chiefs since their previous meeting and praying for his protection of the present pro- ceedings; saw the same belt of wampum spread over the table, which had been used in connection with meetings of the council for three centuries. With the Mohawk and Seneca on the left, the Onon- daga (The Firekeepers), the most honored of the confederation, in the center ; the Cayuga, Oneida, Tuscarora and Delaware on the right, and the secretary of the council and the Indian agent in the center in front; each group of chiefs having its own speaker sitting on a small raised platform in its center, I sat for half a day, filled with interest and wonder at the skill and alacrity with which they disposed the business which came before them. It seemed that every possible question that might have come before an old New England town meeting was discussed there. A resolution coming over from a previous meeting asking the council to use $200 in fighting the army worm on the reserve produced a ripple of laughter among the chiefs; the resolution had been introduced originally before the beginning of the war in Europe. A bill was presented to pay the funeral expenses of a white man named Bradley. It was at once agreed to allow it, if the man were a poor man ; if well-to- do, it was not to be allowed. One chief testified that he knew Bradley to have been well-to-do and the bill was defeated. Then the question of approving some leases on the reserve w^as discussed. Most of the communications to the council commenced with the fol- lowing words : *T, the undersigned, do hereby approach you and ask you to be good enough to settle a dispute, etc." A communication from one of the chiefs asked the council to allow him interest on a small loan of $5 for the term of three years at 10 per cent, per month. The claim was a long story of numerous small transactions ; the borrower had returned a dollar; had bought a hog, for which he had paid part; a careful computation of interest having been made, the amount alleged to be due was $35 ; of course, the claim was promptly rejected. The council maintains twelve day schools. The salaries of the teachers and all other employees are paid from the interest on the "band" fund. The School Board consists of four Indian mem- bers, one Methodist missionary, one Anglican missionary ; the New England Company nominates one, and the agent of the reserve is ex-of^cio chairman, but none of the members, except the Indian 61 members, vote on matters involving the payment of funds. This principle of always consulting Indians where the expenditures of their funds are involved is followed consistently in every depart- ment of Canadian Indian administration. There is also a board of health, which looks carefully after the sanitary condition on the reserve. For a time, they maintained a hospital, but this was closed after 4^^ years. There is little tuberculosis on the reserve and the health of the people is generally good. They call in their physician when they are ill the same as white persons and send their sick to the white hospitals. The roads are very well taken care of under the supervision of the Indian council, by 47 Indian path-masters, who are paid from the band fund. Labor is required of every able- bodied Indian by the by-laws, or payment of a cash poll tax in lieu thereof. The by-laws also contain strict regulations for line fences, ditches and water courses ; other regulations relating to the pro- tection of sheep; and others concerning the observance of order and decorum at assemblies of the Indians in general council. There are also strict regulations for the suppression of intemperance and profligacy. The violation of any of these regulations is punished by adequate fines and the superintendent of the reserve is the justice of the peace before whom complaint may be made. All of these by-laws under the Indian Act have the force and efifect of statute law, and there is absolutely no escape for an Indian, or an offender against an Indian, from the same kind of justice which is dealt out under provincial statute for similar offences in white communities. Dis- obedience of law on the reserve is rare ; drunkenness is about the only form of ofifence and cases of this are infrequent. The Indians of this reserve, though they have advanced far in civilization, have steadfastly refused to take location tickets from the government. Instead, they have worked out a system of their own with the approval of the Indian department for assigning tracts of land to individual members of the tribe. They also have worked out, with the assistance and approval of the government, a loan system, which has been in force for about 15 years. About $50,000 of the tribal funds are now loaned to in- dividual members. Loans are granted by a loan committee of the council, are limited, generally, to $500, and are secured by the real estate of the individual to whom the loan is made. A loan is not permitted in excess of $5 per acre. An application for a loan is made through the loan committee, and presented by that committee to the council at its monthly meeting ; if it is approved a quit claim 62 is given by the borrower to the speaker of the council, in trust; then the applicant goes to the agent's office with the quit claim covering his location. The superintendent sends it to the depart- ment with his recommendation. When the department approves, the borrower is notified by the superintendent of the approval and authorized by him to issue orders for labor and material up to the amount of the loan. The loans are limited to the building of fences and digging of wells. Before the superintendent approves, the inspector of works, an employee paid from "band" funds, investi- gates the improvements made, to see if the value of the loan is there before payment is approved. If it is approved, the money is sent from Ottawa, upon the request of the superintendent to make the payment. The borrower is required to pay one-fifth each year, with six per cent, interest ; if he is delinquent in his payments, the superintendent may retain his share of the annuity interest pay- ment until the loan is repaid. The location, or land, cannot be transferred while the loan is on it. Indians may sell their land rights to one another, but not to a white man ; though an Indian may lease his tract to a white man, with the approval of the council. The council is generally antago- nistic to the lease system, and, as a result, very few leases are made. The officers paid from the "band" funds are : a care-taker, who receives $18.7r) quarterly ; secretary, $135.00 ; forest bailifif, $50.00 ; and retired chiefs, eight in number, receive $12.50 each, quarterly. Before chiefs may be retired-chiefs, they must be 70 years of age and must have been chiefs for 20 years. There is also an inspector of works, at $33.33 a month; an interpreter, at $41.66 a month, and a doctor, who receives $237.50 a month, free house, and a drug allowance of $150.00 a year. The Indians have free medical attend- ance. The government pays for the administration of the affairs of these Indians a superintendent, who draws a salary of $2,000 ; a clerk, at $750, and a stenographer, $450. The most of the Indians are farmers, and the farm l)uildings and improvements are in every respect equal to those of the white citizens in the community; if anything, they are better. For 48 years they have conducted agricultural fairs. For this purpose they receive a small grant from the provincial government. The fair is under .the management of a board of directors, all of whom are Indians. The members of the fair association pay $1.00 membership fee, and this goes to make up the premium list. Their fairs arc wonderfully successful. Nearly all of the Indians take WM By RI^I^BL^ daily papers, and especially farm and live stock journals, and they have several temperance organizations. It is an interesting fact that, in spite of the advancement in civi- lization of these Indians, they still conduct their councils in the Mohawk language. This is one of the numerous examples to be found in Canada of the fact that it is not necessary to crush out the language or the arts of Indians in order to bring them into civilization. It, likewise, illustrates the fact that it is not necessary to give Indians fee-simple titles to individual tracts of land and to surround them immediately with white people in order to give them the white man's civilization. Many of the Indians having rights on their reserve live outside and own property and pay taxes in white communities. This is encouraged by the Canadian gov- ernment, but the maintenance of a reserve perpetually for them gives them a permanent home, to which they may return in case of failure off the reserve, and most of them do come back frequently to the old home. Many of these Indians have been educated in col- leges and universities off the reserve. The only note of discontent which reached my ears during my visit here was from some of the younger Indians, who believed that the hereditary council (the old women of the Six Nations now select the chiefs) should be abolished and should be supplanted by an elective system. CAUGHNAWAGA. The Caughnawaga Reserve, occupied by 2,200 Iroquois and cover- ing an area of 12,625 acres, just above the rapids and across the St. Lawrence River from Montreal, is another reserve which illus- trates the flexibility of the Canadian system and the success of the closed reserve policy of that country. These Indians, like their brothers of the Six Nations, have developed a civilization in every way equal to that of their white neighbors. They are practically a self-governing community, having by-laws similar to those of the Six Nations, differing chiefly from the latter in the fact that they have only six chiefs or councilmen, who are elected by the vote of the male adults over 21 years of age. These Indians have been under the constant tuition of the Jesuits and other Catholic mis- sionaries, since 1667 ; their present reserve was set apart in the con- cession made to the Jesuits in trust for the Indians by King Louis XIV; since which date not an acre of land has been sold to the white man. Most of them live in the village of Caughnawaga, which 64 was built and surrounded by a palisade overlooking the St. Lawrence River in the year 1716. Their houses, for the most part, are built of stone; some of them date from as early as 1742. Not until 18T0, did the government establish schools for these In- dians, their instruction before that time being left entirely to the Catholic missionaries, who, from the date of the establishment of the reserve have kept a record of births and deaths, and have been the advisers of the Indians in all things. All but a very small number of these Indians are Catholic and the community is genuinely Christian. i\Iy first visit to this village was on Sunday, and I had the privi- lege of seeing perhaps a thousand of the Indian men and women at worship. It was one of the most impressive religious services I have ever seen. The women and girls were garbed in long black shawls and they, as well as the men, showed the most remarkable spirit of reverence I have ever seen at a religious service. The choir was composed of Indians, the chief of the band leading in the singing. The service was all in the Iroquis language, just as the business of the band is still conducted in that language. At the close of this service, in accordance with long-established custom, the chief mounted a raised platform in an open area immediately in front of the church, and made certain announcements concerning meetings of the council and other matters of interest to members of the band. This weekly democratic assembly for the announce- ment and discussion of questions which concern the band as a whole is a most interesting affair and doubtless has played a large part in the molding of public sentiment in accordance with modern standards of civilization. The chief, Frank McDonald Jacobs, a bright, dignified man of middle age, a college graduate, who speaks three languages fluently, Iroquois, French and English, traces his ancestors back to Jacob Hill, an Englishman, who was captured in 1701 when 14 years of age near the present city of Albany, N. Y., and taken a captive to the village of Caughnawaga, where he mar- ried an Indian woman and raised a large family of children, and whose blood may be traced to many of the present inhabitants of this interesting Indian village. Chief Jacobs and a majority of the people of the village are in good circumstances, many of them owning pianos, and many send- ing their children ,away to school after they complete the course in the reserve day schools, which are now conducted wholly at government expense for their benefit. These Indians were origi- nally called the "praying Indians" to distinguish them from their It 4 i*)»:= n :,:n 1^ ;iil» 7 05 pagan brothers, from whom they were separated in 1667 and re- moved from the United States to Canada in order to escape from the violence of the pagan element, who had put to death a number of Jesuit missionaries working among them and had forced the church, temporarily, to abandon its efforts with them. The lover of antiquities would revel in what may be found in this old village. There may be seen the walls of the old French fort which in the early days had been a protection alike against the attacks of unfriendly Indians and the English ; and, in the old church, the ancient and beautiful vestments and altar furnishings, expensive gifts from the ladies of the court of Louis XIV; and at the resi- dence of the priest and old French-Iroquois manuscript dictionary, kept up from year to year by the Jesuit missionaries since the year 1680, showing the possibilities of developing and modernizing the language of the virile Iroquois. The art of basketry and the manufacture of lacrosse sticks and snow-shoes are still carried on by a minor portion of the population of Caughnawaga, but the main industry of the majority of the male inhabitants is that of iron and steel structural work. The most skillful of these laborers earn from 35 cents to 55 cents an hour; many of the superintendents earning $200 a month; foremen and sub-superintendents from $125 to $150 a month, and pushers $6 a day. They have worked on most of the steel bridges from Halifax to Vancouver. Their first work of this kind was on the large steel bridge across the St. Lawrence River at Lachine, less than one mile from their village. While the land of the reserve is fertile, so much more money can be earned in steel and iron work that not more than four or five families farm extensively. Five hundred and eighty-seven of these villagers belong to the National Structural Workers Union, and there is three hundred and forty thousand dollars in life insurance carried by various members of the village, some of the policies running as high as six thousand dollars. There are five day schools, four Catholic and one Protestant, and nearly 450 children in school daily. The council of the band enforces attendance. While visiting at the home of the chief I was introduced to a young Indian, a member of the village, who had attended school at Carlisle. He had enrolled as a New York Indian. I saw a game played by the small boys at one of the schools at Caughnawaga which I have never seen anywhere else, and one which would undoubtedly be popular among the school boys in 06 this country, if they knew it. It is a game called teka-non-kwen-a- ne-ren, which translated literally means "two corn cobs tied to- gether." Two corn cobs are tied together by a string about one foot in length and the game is played with bent sticks, like shinny clubs. The boys are organized in two sides and the game is to advance the corn cobs by hooking the sticks around the string and throwing them or running with them toward the opponent's goal, the goals being placed on opposite sides of the playgrounds. It is highly exciting and apparently results in about the same number of bruised shins that characterizes our game of "shinny." The funds of this band being less than those of the Six Nations the schools are supported, as I have said, by the government. Out- side of the schools, however, the council exercises the same large functions of local self-government described in the case of the Six Nations, except that at Caughnawaga there is no occasion for a loan fund. Last year the council spent from band funds $100 for bridges, and during the last ten years has expended $7,000 on roads. The council also takes care of the destitute from band funds, expending for this purpose about $300 a year. Our own Indian Bureau might well follow the example of Caughnawaga in this regard, and permit Indians in this country to expend their funds, especially the fund known as Indian money. Proceeds of Labor, for the purchase of rations and the support of the destitute among them, instead of using practically all of it for administra- tive purposes without consulting the Indians. Another interest- ing expenditure made by the Caughnawaga council last year was $L000 for repairs on the church. So much is the religion of the Indians of eastern Canada a part of their life, that no one ever thinks of raising the question of separation of church and state. Expenditure of band funds is voted for repairing churches in exactly the same spirit with which an expenditure for a council room or a jail would be voted. This Indian community dominated from the beginning by the church, occupying the same land for nearly 300 years, following to some extent the same arts that were practiced 200 years ago, speaking the same language, stands out as another proof that an Indian community, deprived of the right to alienate land, may develop a civilization of its own in accordance with the best standards and ideals of the white race. The Indian agept visits this reservation only one day each month, when the council meets or when some case of law violation or breach of some of the by-laws of the council call him. to sit as justice of the peace in the controversy; so well ordered is the community Frank McDonald Jacobs, Chief of the Caughnavvaga (Iroquois). Across his shoulders is the largest piece of wampum said to be in existence. r :)n Ihe h;iiil! llie Abenaki, present missionary. 73 phasized the large measure of local self-government enjoyed by the Indians there. In the western reserves, while the right to exer- cise the same degree of local self-government is guaranteed by the Indian Act, the right has been exercised only to a limited degree. The reason for this is obvious. The Cree and the three branches of the Blackfoot Tribe, namely, the Blood, the Piegan and Black- foot, who formerly occupied the greater part of the provinces of Alberta, Saskatchewan and Manitoba, are, like the Plains Indians of the United States, scarcely more than a generation away from the days of the buffalo, when the nomadic camp life was con- trolled by the fortunes of the buflfalo-hunters, or of the warriors of the opposing Cree and Sioux and Blackfoot bands. The nomadic habits of the Plains Indians in Canada, as in this country, did not easily lend themselves to the establishment among them of schools and missions. The first contact of white civilization with these Indians was through the traders of the Hudson's Bay Company on the north, and traders from old Fort Benton in the United States on the south. To the everlasting shame of those engaged in this early trade, it must be admitted that whisky was often the chief and first tender made to the Indians for their valuable bufifalo hides. Guns, colored blankets and horses were also common means of barter, and the imposition upon the ignorance and credulity of the Indians in many cases was shameful, the Indians sometimes being required to give as many as forty buffalo hides for a single rifle. In western Canada the Methodist and the Catholic churches had missionaries who exerted their influence against the evil practices of the whisky trade, and finally succeeded in having whisky elimi- nated from the Indian traffic of the Hudson's Bay Company. How- ever, the bootlegger did a thriving business on the frontier, and the first attention which the government of Canada gave to these western tribes was in 1874, when the Royal Northwest Mounted Police were sent to the Indian lands to prevent disturbances which in- variably followed the barter of whisky for buffalo hides, and often resulted in numerous killings. With the Northwest Mounted Police to keep out "fire water" active attempts at christianization were undertaken by the mis- sionaries with the co-operation of the government, and the great northwestern territory was gradually made safe for white settle- ment by these twin agencies of peace and justice, the missionaries here as in the east giving the first instruction to the Indians and deserving the chief credit for their later advancement. 74 At the same time, in the early seventies the Canadian govern- ment began its epoch of treaty-making with the western tribes, the ten principal treaties being signed between 1871 and 1877. The practical disappearance of the bufTalo from 1878 to 1880, soon after the signing of the treaties, forced the Indians to abandon their independent life of hunting, and gave the government, almost in the twinkling of an eye, a new problem to solve, that of keeping the Indians from starving to death. The text of these treaties are essentially alike. The Indians on their part agree to obey the laws of Canada and maintain peace- ful relations between themselves, other tribes and the King's sub- jects. The following conditions are generally agreed to on the part of the crown government : (1) Special reserves in area sufficient for one square mile to each family of five. (2) An annual payment of $5.00 to each Indian man, woman and child, and an additional payment of $20.00 to each chief and $10.00 to each coun- cillor or headman. (U) The establishment of schools. (4) Annual grants for the purchase of ammunition, twine and nets. (5) Agricultural implements and tools at a certain ratio to the population, to be furnished to all. The government claims to have performed with generosity every one of these obligations. The provisions for annuities and annual grants for the purchase of ammunition, twine and nets are interesting reminders of the early days when England and its colonies treated the Indians as a sovereign people, and to keep them in friendly attitude made lavish presents each year until the Indians acquired the habit of thinking the presents were in the nature of an annual royalty to which they were entitled for permitting the white subjects of the crown to live among them. About the middle of the nineteenth century, when the English government began to exercise the policy of education, definite effort was made to cut off the system of presents which were breeding idleness and bringing deterioration to the Indian race. It was dangerous, or at least unwise, to change the policy all at once. Accordingly, a beginning was made by commuting the pres- ents for agricultura-1 implements or other articles useful in the promotion of industry. And so, when the treaties were made, the government, while unable to get away entirely from the demoralizing 75 old system of presents, recognized the system outright only in the small cash annuity, while the substitution of agricultural implements and even ammunition, twine and nets represents an attempt of the government to confine the giving of presents to such articles as might be used to encourage the Indians in industry and self- support. The first years after the disappearance of the bufifalo were pre- carious ones for these Indians, and the government of Canada was compelled to respond as the government of the United States did at the same time in dealing with the plains Indians by issuing beef rations in wholesale. This substitute for the cherished buffalo meat helped to keep them satisfied on the reserves, while they were being encouraged to take up the more settled industries of farm- ing and stock-raising, and were being brought into intercourse with traders who supplied them with some of the necessities of life. Meanwhile the vast unreserved areas of their former domain were being opened up to white settlement. Their reserves were small in comparison with the reservations in the United States, a separate reserve often being set apart to a small band, the followers of a chief. This policy, following in a sense the social organization to which they were accustomed, pleased the Indians, while breaking up the tribes into small units ; and, scattering them geographically, made it difificult for the units to combine for offensive purposes against the government at a time when the Indians outnumbered the white settlers on the frontier and when a jug of whisky might start an Indian outbreak at any moment. While it was not the intention of the Canadian government to give its Indians more land in the reserves than they could use bene- ficially, nevertheless, it transpired that one square mile to a family was generally more than could be used. Most of the reserves, there- fore, have been reduced by surrenders to the crown from time to time. Generally, these surrenders, like those of the Six Nations, have created funds, the interest on which has been utilized to pay a part of the legitimate costs of local government and of schools. In some cases, however, notably the Black foot and Sarcee reserves, which will be discussed hereafter, the terms of surrender provided permanent rations or other benefits, which, like many of the Indian treaties in this country, have saddled upon the tribes benefits which are, in fact, obstacles to advancement. One feature of the Canadian Indian /\ct relating to the sur- render of Indian lands worth noting is the requirement that no re- 76 lease or surrender is valid or binding unless assented to by a ma- jority of the male members of the band of the full age of twenty-one. A sharp distinction is made also between the capital funds derived from the sale of Indian lands and the interest thereon. The capital funds can be expended only for the purchase of land or cattle for the band or in the construction of permanent improvements upon the reserve such as will have permanent value or will, when completed, properly represent capital ; and such expenditure can be made only zvith the consent of the band, and the approval of His Excellency the Governor General in Council. It is worthy of remark that the capital funds of the band cannot be spent by the department, but have the double safeguard — the consent of the band, and the approval of the Governor General in Council to whom this function has been delegated by Parliament. The interest may be used for current expenses. The payment of interest or annuity to an individual, however, may be stopped by the Superintendent General of Indian Afifairs on various grounds, including wife de- sertion, or parentage of an illegitimate child, in which cases the money is used for the support of the deserted wife or the illegiti- mate child. And when the band, being able to do so, fails to pro- vide for its aged or destitute members, its funds may be used by the Superintendent General for their relief. The Indian Act, in requiring the consent of the band before their capital funds may be used, is in striking contrast to the past and present practice of our government in appropriating and using Indian funds for constructing irrigation ditches and for purposes of administration, often without consulting the Indians. The general principles governing reserve management in Canada heretofore presented and the discussion of those principles in con- nection with the Indian reserves in eastern Canada will make un- necessary a detailed discussion of the same principles concerning the reserves in western Canada. The following paragraphs regard- ing individual reserves will be presented, therefore, with the pur- pose mainly of permitting comparison of the cost and methods of administration in the two countries where certain Indian tribes of each have reached about the same stage of development. It will be well in this connection to think of the Chippewa and Cree in Canada in comparison with the Chippewa of Minnesota, Wis- consin and Michigan, and the Piegan, Blood, Blackfoot and Sarcee of Alberta in comparison with the Piegan on the Blackfoot Reser- vation in the State of Montana. These comparisons are suggested not alone by blood relationship which exists in most cases, but by 77 the fact that about the same period of time covers the definite at- tempts toward civiHzation which have been made by the two gov- ernments, and also by a similarity of physical environment in the two countries. THE CHIPPEWA, MUNSEE AND ONEIDA. In Middlesex County on the bank of the Thames River in the Province of Ontario are situated three small bands of these tribes under one agent. The Oneida, numbering 778, live on a reserve of 5,27] acres ; the Chippewa, 480, on 8,702 acres ; and the Munsee, 115, on 2,098 acres. The Indians of these bands have the usual tribal councils but they need few by-laws for their simple life. They live in neat frame houses and a few in houses of brick or stone. Only a comparatively small number engage wholly in farming, the soil for the most part being light, and some of it swamp and covered with bush. Most of them earn a good living from pulling flax, picking berries, cutting wood and working in canning factories outside the reserve. Most of the children of school age are in three neat day schools on the reserves. I visited all these schools, two of which had Indian teachers, and found the children a bright, healthy-looking lot, free from all traces of trachoma. The houses, most of which I saw from an automobile, and a number of which I visited, were sanitary in appearance, though not elaborate in their furnishings. They reminded me much of the homes of the Chippewa I have seen in Michigan, but the homes of the Oneida were not as elaborate and prosperous in appearance as the homes of the Oneida in Wisconsin. These Indians are wholly self-sup- porting, and doubtless would be more prosperous if they had better land. While they are law-abiding, there is some drunkenness among them and the marriage vows are not kept as strictly as they should be. Some of the children attend the Mt. Elgin Institute (Methodist) nearby, which is one of the best Indian boarding schools I have ever seen, the principal, Rev. McVitty, exerting himself to improve the material as well as the spiritual welfare of old and young on the reserves as well as the young under his supervision in the school. All the Indians on these reserves speak English, most of them having forgotten their native language. The total cost of administration of these three reserves in 1913-14, for superintend- ent, clerk and livery, was $1,050. There are no other government- paid employees, the physician working under the call system. 78 OJIBWAY OF LAKE SUPERIOR (ONTARIO). The Ciardcn River band of Ojibway, 438 in number occupy a reserve of 2,900 acres, beginning six miles east of the city of Sault Ste. Marie, and extending ten miles along the north shore of St. Mary's River. Nearly all of these Indians have tuberculosis and do not present a hopeful appearance, though they all live in fairly good houses. They are about equally divided between the Catholic and Anglican churches, each of which conducts a day school on the reserve. An example of harmony between these churches that could well be commended to the churches doing Indian missionary work in the United States, I saw on this reserve. The teacher of the Anglican day school is a cultured man, intensely devoted to his work. The government furnishes the medicine for the school children. The Catholic missionary, whose school is nearly a mile from the Anglican school, sends his pupils to the Anglican teacher for medicines and there is not the least evidence of any friction or jealousy between the two. It was my privilege to meet the physi- cian, who is paid $500 a year out of band funds to treat the sick on this reserve and who drives out from Sault Ste. Marie for that pur- pose when called. While the houses and yards look sanitary, the physician told me there was tuberculosis in almost every family. This reserve was organized in 1850 and has been reduced by surrenders, the interest on the proceeds from which pays the salaries of the teachers of the two day schools, the government furnishing the buildings. The local government of the band is vested in a chief and four councilmen, the former drawing $100 a year from band funds. On this reserve road improvement has been paid for out of the capital fund with the band's consent. In addition to the interest income from the capital land fund, which amounts to $4 a year per capita, there is deposited annually to the credit of the band $500 from licenses on timber sold. No farming is done on this reserve outside of small gardens ; nearly all the able-bodied Indians working at fairly good wages at river-driving or loading lumber on vessels. The su])erintendent of this reserve draws $1,200 a year, has two other reserves under his jurisdiction and has no assistant. EDMONTON A(;ENCY (ALBERTA). Edmonton Agency comprises five small reserves, with a total popu- lation of about 600 Indians, and a total area of approximately 4\' . \ \, \ 79 85,000 acres. I visited only the Enoch reserve, a Cree reserve under the immediate supervision of the superintendent. Two of the others have resident farmers because of the long distances from the superintendent, while two have no resident employees at all. The plan here of permitting the old Indians to go their way, using common band lands upon which to graze their stock, or from which to cut hay or pickets, while assigning locations of agricultural land to the young men desiring to farm, is similar in most respects to the methods at File Hills, described elsewhere in this report. The band funds here pay the physician at the rate of $10 a call (he drives from Edmonton, about ten miles), or $1 for office con- sultation. Those who live on individual tracts do not receive the usual location tickets. The location is agreed upon between the Indian and the agent and council ; the wire for the outside fence is paid for out of band funds ; the individual gets out his own posts and builds the fence. There is a small sawmill on the reserve, from which rough lum- ber is manufactured free for the Indians' houses. The Indians haul the logs to the mill and help to saw them. The individual Indian pays for the windows and furnishing lumber. If he has not sufificient cash for this, the money is advanced from band funds for two years without interest. The agent sees that all new houses are made sanitary. There are no day schools on any of these reserves. Most of the children attend the boarding school at St. Albert (Catholic). In accordance with the terms of the surrender agreements, on Enoch reserve, the Indians receive rations every Monday, consisting of 1^ pounds of beef and five pounds of flour a day. Implements and horses on this reserve are purchased out of band funds, and lent to industrious individuals. If they fail to make beneficial use of this equipment it is promptly taken away from them under the terms of the agreement by which it was obtained. The cattle are owned by individuals but are under government control, and their sale is super^ased and the ''bull fund" kept up by exactly the same plan as that followed at File Hills. The government pays in salaries for the five reserves under this agency $331.66 a month. Most of these Indians farm, though $10,750 was earned in 1913 by hunting and trapping. The total income of the 667 Indians from all sources in 1913 was $63,262, or nearly $100 per capita. On this reserve is a colony for the old and destitute Indians. While visiting St. Albert School near this reserve, I had the 80 pleasure of calling on Archbishop Legal, a man who had many years of experience as a missionary among the Indians, a part of it in the United States. He, like Father Hugonard at Qu' Appelle School, is a strong advocate of the idea of a separate reserve or colony for graduate pupils, and also believes the denominational school for Indians superior to the strictly government, non-sectarian school. HOBBEMA AGENCY. This is a group of four reserves occupied by 781 Indians and containing T(),420 acres, under a superintendent who served as a mounted policeman in the same country in J 874, and, like the super- intendents at Edmonton and File Hills, and many other Indian agents in Canada, speaks the language of the Indians under his jurisdiction. These Indians are mostly Cree. The total salaries of employees for the four reserves is $5,040 a year. There have been small sales of land here, the annual interest amounting to $3 per capita. The destitute draw rations amounting to $2,500 a year from the government. I was much interested to find here a treaty issue by the government of twine for fishing nets; shot, powder and caps ; and wire for snaring rabbits. From hunting, trapping and fishing these Indians earn $10,000 a year, while from stock raising and hay, their largest industries, they receive $15,000. Besides visiting the two schools on these reserves, one Catholic (boarding) and one Anglican (day), I drove over a large portion of the reserves. The children at the day school are collected each day. The driver receives $35 a month. The children help the teacher prepare a noon-day lunch. The day school here is ineffective; the children should be in boarding schools. I was informed that they all had vermin in their heads, and the teacher said this condition could not be prevented till the home conditions improved. The In- dians live in fairly sanitary houses and are in good health, but they are not as a whole progressive. SARCEE AGENCY. This reserve contains 69,120 acres occupied by 194 Indians. These Indians belong to the Athabascan group and formerly belonged to the Blackfoot confederacy. They live only 12 miles from Calgary, a good many of th^m drink to excess; a large percentage of them are afflicted with tuberculosis, and, altogether, they seem not to be making much progress. The day I visited them was council day and ration day, and all the Indians were at the agency. The one U i 81 commendable quality I saw them demonstrate was that of loyalty. During my presence at the council they unanimously voted $1,000 from their band funds as a donation to Canada's patriotic fund. The total income of these Indians in 1913 was $16,000, about $80 per capita, half of which was from the sale of wood. Though the reserve is excellent farm and grazing land, only 650 acres are farmed by the Indians and they own only 182 head of cattle. Their houses in the past have been air-tight, insanitary log struc- tures, mudded over, hot houses for tuberculosis. From the sale of lands under a recent surrender, small two-room houses with fire places have been built for them. This may not help as much as it should, as they did not ask for the houses and not one of them has erected a house for himself. These Indians looked about the most hopeless of any I saw in Canada. In physical appearance they reminded me much of the Apaches on Fort Apache Reservation in Arizona. By the terms of the last surrender these Indians receive a daily ration of ^ pound of beef and ^^ pound of flour purchased from band funds, which makes another bar to their progress. On this reserve a grazing permit for $1,500 a year is in force and the income is used to pay employees. The Indians agree to this. There is a neat boarding school with capacity of 33 and hospital here, con- ducted by the Anglican church. The population is steadily de- creasing. BLOOD, BLACKFOOT AND PEIGAN RESERVES. These reserves will be discussed under one head because the In- dians all belong to the Black foot nation ; they all occupy excellent grazing land, much of it well adapted to agriculture by "dry farm- ing" methods, similar in physical character to the land occupied by the Black foot and Fort Peck Indians in the United States, though the winter climate on these reserves is tempered by the Chinook winds, which makes them even better adapted to stock- raising than the reservation of Montana mentioned. In physique, these Indians are a sturdy, rugged type, and their general health, because of the ample supply of nutritious food, which they have always had, is better than that of their brothers across the line in Montana. There is scarcely any trachoma among them, and tuberculosis is being combatted by the requirement of open fire-places in all new houses built, and by requiring all Indians to clean up their premises twice a year and whitewash their houses, inside and out. Only those desirous and capable of farming are located on individual tracts of land, others using the land of the reserves in common. The following statistics concerning the income of the Indians of these three reserves and the cost and character of administration, followed by similar statistics from the Black foot reservation in the United States form a basis for some interesting and helpful com- parisons : 1913. Blood, Blackfoot, Piegan, Blackfoot, Canada. Canada. Canada. U. S. Population 1,140 752 457 2,842 Area of reserve (acres) 354,086 175,580 93,141i/^ 1,503,450 Farmed by Indians (acres) 1,737 36 1,824 5,000 Income of Indians from their own efforts : Farm products and hay $24,000.00 $9,295.00 $22,000.00 Beef 14,348.84 11,995..50 8,000.00 $310,024.00 Wages earned 17,751.87 12,000.00 1,000.00 22,095.00 Fishing, hunting and trapping 750.00 Other industries... 5,500.00 19,800.00 4,000.00 2,500.00 Total $61,600.71 $53,840.50 $35,000.00 $334,619.00 Average per capita $54.10 $76.59 $80.08 $117.74 Horses 2,458 1,871 1,434 6,100 Cattle 3,279 1,085 1,060 12,106 Sheep 3,600 Swine 5 510 Agent Agent Agent Supt. Clerk Accountant Clerk 4 Assts. Stenographer Physician Physician 11 Policemen Physician 3 Farmers Farmer 4 Mechanics Employes: 3 Farmers Stockman Stockman 3 Physicians Stockman Interpreter Blacksmith 6 Farmers Interpreter Interpreter 8 For. guards Asst. Interpeter 5 Misc. Mail Carrier Total compensation.. $7,500.00 $6,400.00 $5,020.00 $25,302.00 83 The evils of cash annuities characteristic of some of the Indian treaties in the United States have been avoided in a measure in Canada, by using a part of the proceeds of sale of surrendered land as an advance or loan fund to encourage Indians in industry, a system similar to the loan policy established by the United States Indian Bureau about four years ago. The terms of a surrender of part of the Blackfoot Reserve are most interesting and suggestive and are worthy of full statement : On June 18th, 1910, 115,000 acres of the Blackfoot reserve were sur- rendered. The total amount of the sale was not to be less than $1,600,000, or an average of $13.91 per acre. This amount was to be divided into three funds. The sum of $50,000.00 was to be set aside for the purpose of purchasing work horses, farm wagons, harness, feed oats, mowers and rakes, for working Indians to permit them to begin farming. The amount expended for each Indian is to be paid back and credited to the fund within six years, from the proceeds of the sale of his harvests. The sum of $350,000 was to be expended within five years in the interest of the reserve in general. One hundred and sixty cottages were to be erected and furniture supplied; 100 stables and two buildings in which to house machinery. Two complete agricultural motors, gang ploughs, grain separators and farm machinery were to be purchased. This fund was to pay the cost of boring wells where they were required, or to purchase a well-boring outfit. It was also to defray the expense of general repairs to roads, culverts and fences, seed grain and grass seed. The residue from the sale of the land was to be capitalized. The interest accruing from this capital together with the interest on any deferred pay- ments on surrendered land was to be used to defray all expenses of operat- ing the agricultural motors and machinery and grain elevators ; to meet such general expenses as should be in the interest of the band, and to pay the cost of blankets and food for aged and infirm, as well as a regular weekly ration to all members of the band. This ration was set at seven pounds of meat, five of flour weekly, and one pound of tea monthly for each single member. The terms on which reimbursement of band funds expended for mowers, rakes, wagons, horses and harness is required by the Canadian Indian department, contain some most helpful suggestions to those handling the reimbursable industrial appropriations lent to Indians in the United States. The terms of reimbursement of band funds in the Blackfoot reserve are briefly as follows: 1. First two years, no payments required. 2. For five years thereafter one-fifth paid each year. 3. The repayments are returned to the band funds and are used over and over again for the same purpose. 84 In using the surrender funds for improvements on this reserve, houses and improvements on cornering 80-acre tracts arc built in groups of four, one well sufficing for the four families. All sales on the three Blackfoot reserves are by permit from the agent. But, the permit contains only a statement of the quantity to be sold, the Indian being free to find a buyer and secure the highest possible price. Ration System on the Blood Reserve. Nearly all the cattle sold by the Indians from these reserves are purchased by the government and issued in rations to the Indians. An interesting method of encouraging Indians to voluntarily abandon the ration system has been adopted on the Blood reserve, where all Indians receive rations. They are divided into three classes, to wit: Self-supporting, destitute, and semi-destitute. An Indian, if he is young and able-bodied and has a small family, is classed as "self-supporting" when he has three beef steers. If he is less able to work, is older and has a large family it would be necessary for him to have four or five steers to kill yearly. Once on self-support all beef belonging to the Indian in excess of the amount eaten by him is paid for by the department at the rate of 8^ cents per pound. Self-supporting Indians draw their own beef and buy their flour, the beef issue being handled as follows : When a self-supporting Indian has a steer killed through the agency ration house he is given credit for the amount of that beef in an individual account book and permitted to draw from the issuer an amount of beef equal to one pound a day, the number of pounds issued being charged against his credit. Destitute Indians are those who are blind or incapable for other reasons of earning wages. They are supplied with a free ration of six pounds of beef and live pounds of flour per capita a week. Should they have an occasional steer killed they are paid for it by the department at the rate of six cents per pound. Semi-destitute Indians are those who are able-bodied, but have few or no cattle. They receive a free ration of three pounds of beef and three pounds of flour per capita a week. Should they have any steers killed they are paid for at the rate of six cents per pound. The aim is to gradually reduce the free ration but to still issue beef and flour for which the self-supporting Indians 85 must pay, either by turning in beef or cash. But no Indian is allowed to want. The idea is kept before the Indian, however, that he is really entitled to no free rations. Cereals, vegetables, milk, etc., are being encouraged as a part of the Indians' diet in the place of meat. At the present time, however, a Blood Indian would never feel satisfied unless he had beef to eat and if it were not issued to him he would get it for himself by the most available means. Fol- lowing is a statement which shows actual returns for some of the beef killed at one of the ration houses. It shows Indian Chief Moon, a self-supporting Indian, to have had a steer killed weighing 760 pounds. His ration is credited with 736 pounds, which he will draw semi-weekly until consumed. He contributes $3.00 to a fund to purchase bulls. Sarcee Estate, another self-supporting Indian who had killed a steer weighing 950 pounds, contributes one cent per pound to the ranch fund to pay upkeep of the herd (hay, round-up, etc.), $2.00 to bull fund and receives $69.25 himself. He receives 8^ cents per pound for his beef, but he has beef to his credit on the beef book, so he will be paid in full for this steer. Hairy Bull has had a cow killed for beef. He will be required to make the regular contribution to the bull and ranch fund and the residue is placed in the heifer fund for the purpose of buying a young cow. No Indians are paid for cow beef, but the value goes to purchase a heifer. Destitute or semi-destitute Indians make the same contribution to the ranch and bull funds and are paid six cents per pound for their beef. When an Indian goes to the ration house to get his beef he pre- sents to the issuer a ticket, or, if he is self-supporting, a book. This ticket or book has stamped on it his treaty number, the number in his family and he draws accordingly. A square ticket is used by the destitute Indian and entitles the holder to a ration of three pounds of beef and three pounds of flour twice a week. A rectangu- lar ticket is used by the semi-destitute and entitles the holder to three pounds of beef and three pounds of flour once a week. When an Indian comes with a book he is entitled to draw three pounds per head twice a week; this amount is charged in a sheet that the issuer has and is also entered in the book which the Indian hands the issuer. Every ticket has on it a ration number. When the ticket is called out the issuer or assistant checks it ofif on his ration sheet S6 which bears the date of issue. Should the same ticket be presented at some other ration house, a different colored pencil used in check- ing shows that the ration had already been drawn. Considerable latitude is left to the judgment of the issuer as to the amount of issue. An Indian may have a destitute ticket and be entitled to it for eight months of the year, but if during the other four months his family is in position to earn something, his ration is reduced accordingly. Generally speaking, the policy is to feed the Indian well, while advancing stock raising and farming to increase the self-supporting class as rapidly as possible. Cattle Raising on Blood Reserve. On the Blood reserve most of the cattle are run in a common herd, carrying the brand of the individual owner, and cared for by Indians employed by the government. When fit for market they are rounded up by the agency force and slaughtered, or in rare cases sold outside. The Indian owners are required to put up one ton of hay per head each year for their cattle and deliver it at some feeding point designated by the superintendent. Until this hay has been put up, the Indian is not permitted to sell any hay to outsiders. Formerly on this reserve the Indians cared for their stock in individual herds and a few individuals still care for them in this manner. Cattle stealing has been increasing on the Blood reserve. It may be suggested that this is the result in part of lack of interest in their cattle on the part of individual owners, owing to the common herd idea. Cattle Raising on the Blackfoot Reserve. I believe the plan of modified individual control on the Black- foot reserve is a better plan than the one on the Blood reserve. On that reserve the individual is responsible for his own cattle, and he stacks his hay near his home in order to keep his cattle near him in the winter. An expert stockman, paid by the govern- ment, looks after all the stock on the reserve and advises the Indians as to their feeding and care. He requires the Indian owner to stack one ton of hay for each head. Until the Indian does this and receives a note to that effect from the stockman he can obtain no permit from the superintendent to sell any cattle or hay or other produce; the hay is always put up. If the Indian has only 87 a few head and cannot afford to give up an opportunity to work away from home in the winter, the stockman will take care of the Indian's cattle for him at $3 a head for calves or $5 a head for steers or cows ; the responsibility thus never leaves the Indian owner. Full-blood bulls are purchased by the government, the bull fund being created, as in other parts of Canada, by a deposit of $2 from the proceeds of every head sold. The Indians of the Blackfoot reserve also pay their blacksmith bills on the basis of the actual cost of the service. On all these reserves the order system is used to help worthy Indians secure credit for needed purchases. A sample of the order used for this purpose follows : No Blood AGENCY July 15 1914. (Must be surrendered on payment) To Jno. Jones Please supply Rough Hair 1 5-ft. Deering Mower to the amount of 65 Dollars. Note. — The Indian Agent will un- dertake the collection of this account if the goods specified and within the above amount only are supplied. Any deviation will invalidate the order and relieve the agent of responsibility. No Blood AGENCY July 20, 1914. (This coupon should be filled up in detail and sent to the INDIAN AGENCY OFFICE immediately after the goods are supplied. No other invoice is required.) Supplied to Rough Hair By Jno. Jones the following items : Indian Agent. 5 ft. Deering Mower, 65 cts. 00 This system is not abused, the Indians never being permitted to over-reach their ability to meet their obligations, and the law is so strictly enforced that dealers seldom break over the attempt secretly to sell Indians on credit, no sales being made except ap- proved orders. On all these reserves band funds are advanced to break new ground, the individual later returning the actual cost, a plan very 88 similar to the one followed on the Fort Peck reservation in Mon- tana during the past four years. On the Blood reserve large tracts of choice agricultural land some- what remote from the homes of the Indians have been broken up and assigned to Indians who live in tents near their work during the farming season. This community system of farming has pro- duced considerable grain, but it is objectionable in that it takes men from their homes and discourages stock raising which should go hand in hand with agriculture. While there is some traffic in liquor on these reserves, it is neg- ligible, owing to the severity of the Indian liquor laws and the effect- iveness of the Northwest Mounted police in their enforcement. The education of the children on these reserves is chiefly under the guidance of the Catholic and Anglican churches, whose mis- sionaries keep in close touch with the pupils and their parents both during and after the school period, and the moral standards of the Indians on the reserves are comparatively high. Each reserve has a good hospital, two of them conducted by the Anglican church and one by the Catholic. The government furnishes the physicians and the medicine and pays the nurses who are employed by the churches. The plan works admirably. It ought to be the plan in this country. SUMMARY OF RECOMMENDATIONS. Following are some of the features of Canadian Indian law and administration which are worthy of particularly earnest considera- tion in connection with Indian affairs in the United States : 1. The brief and simple Indian Act of Canada furnishes a form and plan suitable for a consolidated Indian Act adapted to customs, usages and laws in the United States. 2. A law, similar to Canada's, should be enacted defining an Indian. 3. While it is too late to adopt the "closed reserve" policy in the United States we should slow up in the allotment of our unalloted reservations and make beneficial use a condition to making further allotments, following the practice of Canada in granting "locations" to her Indians. 4. The condition of the half-breeds in Canada, if we had no similar examples in this country, should be a warning against too early removal of restrictions from the lands of Indians in the United States. 5. The Canadian plan of co-operation between the government KesiTv... AIIh "y \ "^'"(|\<*r',j\:^'^*j ''*t',^"*** ■'* ,^*^ ^ Improved Appearance after Owner Started Farming. H I'empoiai-y residences of Blood Indians on their commnnity farms. and the churches in the education and christianizing of Indians and the use of government funds to pay for their education and support in denominational schools and to pay part or all the salary of nurses employed in church hospitals which treat Indians, is worthy of serious consideration in this country. 6. The exercise of magisterial authority by Indian agents in Canada is one of the main reasons for the efficiency of administra- tion on its Indian reserves. Similar jurisdiction should be con- ferred by Congress on Indian superintendents in the United States. 7. The definite judicial procedure for the punishment of offenses on Indian Reservations in Canada suggests a proper substitute for the anomalous, incomplete, unregulated and irresponsible judi- cial procedure of the so-called courts of Indian offenses on un- allotted Indian reservations in the United States. 8. The Indian liquor laws and methods of administering them, in Canada, furnish models which should be adopted by our gov- ernment. 9. The File Hills colony for ex-pupils embodies ideal methods of dealing with returned students which are practicable to adopt on many reservations in the United States. 10. The simple, liberal and localized plan of supervising the busi- ness affairs of Indians in Canada could be adopted to advantage here. 11. The system of supervising the Indian cattle industry in Can- ada, especially the system on the Black foot reserve, is an ideal one for the reservations of this country and superior to any plan so far developed here. 12. The fact that not a single transfer was made last year in the agency service of Canada is full of eloquent suggestion to those charged with the administration of Indian affairs in this country, where approximately 50 per cent, of the service is transferred an- nually. Frederick H. Abbott, Secretary. 90 APPENDIX. EXHIBIT A. — How Funds are Appropriated. The department prepares annually a list of its requirements for the coming fiscal year. The estimates are carefully prepared, based upon estimates made by the Indian agents, and are first submitted to the Minister of the Interior, an explanation being given regarding each item whether of an extraordinary character or not. These items having been scrutinized by the minister, such amounts as are approved by him are next submitted to the treasury board, which is a committee composed of members of the government, who report on all matters relating to expenditure. Such items as are approved by the board are then submitted to the privy council where they are finally passed upon before being printed in the esti- mates to be laid before Parliament. These estimates are dealt with by the House of Commons in committee of the whole, called the committee of supply, where explanations can be asked for, objections raised or amend- ments proposed by members of the House. While none but members of the House of Commons are permitted to take part in these debates convention permits a member of the department who is thoroughly conversant with its affairs to sit beside the Minister and to give him such information as may be required regarding the several items. This information is repeated to the House by the minister. When the committee of supply has finished its labors, and all the money votes have been adopted by the House, the committee of ways and means which is also a committee of the whole House, passes certain resolutions which provide for the grants shown to be necessary by the first mentioned committee; and then a bill, called the supply or appropriation bill, is introduced by the government to carry out the resolutions. When this important bill has passed the usual stages, it is sent up to the Senate, where, however, it is never altered, in accordance with constitutional usage. The bill is returned to the Commons, and when His Excellency has assented to the bills passed by Parliament during the session, the speaker of the Commons addresses His Excellency, and asks for an assent to the supply bill, and this assent is granted. The Audit Act thus defines the manner in which the moneys voted as above described become available for use by the several departments : "When any sum of money has been granted to His Majesty by Parliament to defray expenses for any specified public service, the Governor-General may, from time to time, under his sign manual, countersigned by a member of the treasury board, authorize and require the Minister of Finance to issue out of the moneys in his hands, appropriated for defraying the expenses of such service, the sums required, from time to time, to defray such expenses, not exceeding the amount of the sum so voted or granted." It may be said, however, that the practice under this section is to issue one warrant for the whole supply bill. The Audit Act deals with the safeguards placed about the expenditure of public moneys. While adequate provision is made for the prevention of unauthorized expenditure of public money, provision has also been made for urgent unforeseen necessary expenditure, as follows: "If, when Parliament is not in session, any accident happens to any public work or building which requires an immediate outlay for the repair thereof, or any other occasion arises when any expenditure, not foreseen or pro- vided for by Parliament, is urgently and immediately required for the public good, then upon the report of the Minister of Finance that there is no parliamentary provision, and of the minister having charge of the service in question that the necessity is urgent, the Governor in Council may order a special warrant to be prepared, to be signed by the Governor-General for the issue of the amount estimated to be required, which shall be placed 91 by the Minister of Finance to a special account, against wliich cheques may issue from time to time, in the usual form, as they are required." It is required by the Audit Act also that a statement of the warrants issued under the provisions of the above-quoted section shall be presented to Parliament for approval not later than the third day of the next ensuing session thereof. EXHIBIT B.— Laws Regulating Indian Reserves. Control: The control and management of the land and property of Indians is vested in the Minister of the Interior, as Superintendent General of Indian Affairs, and provision is made for a department of the civil service called the department of Indian Affairs, which has charge and direction, including the appointment of the necessary officers. The word "reserve" is defined as, any tract or tracts of land set apart by treaty or otherwise for the use and the benefit of, and granted to, a particular band of Indians of which the legal title is in the crown, and includes all the trees, wood, timber, soil, stone, minerals, metals and other valuables thereon or therein. Tenure of Land by Indians: No Indian is deemed to be lawfully in possession of any land in a reserve unless he has been or is located for the same by the band or council of the band, with the approval of the Superintendent General. A certificate of occupancy vests in the holder thereof lawful possession of the lands as against all others. A location title does not render the land liable to seizure under legal process and the title is transferable only by consent of the Superintendent General. Indians may devise or bequeath property of any kind in the same manner as any other persons, but no devise of land in reserves or any interest therein can be made to any one not entitled to reside on the reserve, except to the daughter, children or grandchildren of the testator and such devise is not operative until approved by the Superintendent General, whose disapproval has the effect of causing an intestacy in respect of the property devised. In the case of intestacy, property real or personal, devolves upon the next of kin, except that, if the next of kin is more remote than a brother or sister, any interest of intestate in land in a reserve becomes vested in the crown for the benefit of the band owning the reserve. The Superintendent General is given power to appoint guardians of minors and their property, with power of removal and new appointment, and is made the sole and final judge as to the persons entitled to the property of a deceased Indian, with power to direct the sale, lease, or other disposition thereof, and the distribution or application of the proceeds. Protection: The Indian Act contains provision for protection of the reserves from trespass by any person or Indian other than an Indian of the band to which the reserve belongs, and the protection of individual locations from trespass by the members of the band ; and makes provision for the punishment of trespassers. Improvement: The Superintendent General may direct the Indians residing upon the reserve to perform labor on the public roads laid out thereon. 92 Alienation: The Indian Act prohibits the sale, alienation, or lease of a reserve, or any portion thereof, until released or surrendered to the crown in accordance with the provisions of the Act, provided the Superintendent General may lease for the benefit of any Indian without release, or surrender upon appli- cation the land to which he is entitled, and may, without surrender, dispose to the best advantage in the interest of the Indians of wild grass and dead or fallen timber. Indian Trust Funds: The investment, management and disposal of Indian funds may be regu- lated by the Governor in Council; but the consent of the band is required for the expenditure of capital moneys in the purchase of lands, or the construction of permanent improvements, or for other purposes named in the Act. Municipal Government: The Indian Act contains provision for the municipal government of the band by their chiefs and councillors, who are empowered to pass rules and regulations, subject to confirmation by the Governor in Council, in relation to the care of public health, the observance of order and decorum at assemblies of Indians, the repression of intemperance and profligacy, the prevention of trespass by cattle, the construction of watercourses, roads, bridges, ditches and fences; the construction and repair of school houses and other public buildings, and the attendance of children at school. The Indian Advancement Act may be applied to any band of Indians declared by the Governor in Council to be fit subjects for its application. It elaborates the municipal system, and extends the power of the council of the band. Restricted Liability to Taxation: Exemption from taxation of any Indian, or non-Treaty Indian, is pro- vided for by the Indian Act, subject to the reservation that he shall be liable to be taxed on real estate under a lease, or in fee-simple, or the personal property which he holds in his individual right outside the reserve, or special reserve. Direct taxation within the Provinces is a matter within the exclusive authority of the Provincial Legislature. Restrictions on Contracts and Exemptions from Seizure: Though under the Indian Act, Indians and non-Treaty Indians may sue for debt to them, and compel performance of obligations contracted with them, and may sue in respect of any tort or wrong committed upon them, no person shall take any security, or otherwise obtain any lien or charge, whether by mortgage, judgment, or otherwise, upon real or personal prop- erty of any Indian or non-treaty Indian, except on real or personal prop- erty subject to taxation, but any person selling any article to an Indian, or non-treaty Indian, may take security on such article for any part of the price thereof which is unpaid. No pawn taken from any Indian, or non-treaty Indian, for any intoxicant shall be retained by the person to whom such pawn is delivered but the thing so pawned may be recoverable by the Indian, or non-treaty Indian, who pawned the same.' There is exempted from seizure or distraint presents given to Indians, and property purchased or acquired by any annuities granted to Indians, and in the possession of any band of Indians, or any Indian of any band. 93 The sale, barter, or exchange of such presents is restricted in most of the provinces, and every such sale, barter, exchange, or gift is declared to be null and void, unless made with the consent of the Superintendent General or his agent. Application of Annuity or Interest Money of Parent of Illegitimate or of Indian Guilty of Desertion: The Superintendent General may stop the payment of the interest money of, as well as deprive of any participation in the real property of the band, any Indian who is proved, to the satisfaction of the Superintendent General, guilty of deserting his family, or of conduct justifying his wife or family in separating from him, or who is separated from his family by imprison- ment ; and the Superintendent General may apply the same towards the support of the wife or family of such Indian. The Superintendent General may also stop the payment of the annuity and interest money of any Indian, parent of an illegitimate child, and apply to the same to the support of such child. Similar provisions are made in regard to Indian women. Enfranchisement : The Indian Act contains provisions in regard to the gradual enfranchise- ment of Indians; and grants to Indians on enfranchisement of locations of land in accordance with the Act, and of their share of the funds of the band. Upon complete enfranchisement, in accordance with the Act, all such Indians and their immarried minor children cease in every respect to be Indians of any class within the meaning of the Act, or Indians within the meaning of any other Act or law. Intoxicating Liquors: The sale, gift, or supply by any device or in any manner, of an intoxicant, as defined by the Act, is punishable on summary conviction by imprisonment for not more than six months or less than one month, with or without hard labor, or penalty not exceeding $300.00, or not less than $50.00, or both penalty and imprisonment in discretion of convicting justice. The master or person in charge of any steamer, vessel, or boat, on which an intoxicant is sold, bartered, or given to an Indian is liable on sum- mary conviction to a penalty not exceeding $300.00 or less than $50.00 with cost of prosecution. Every Indian who makes or manufactures or has in his possession, or sells, barters, supplies, or gives to another Indian any intoxicant shall, on summary conviction, be liable to imprisonment of not more than six months or less than one month, with or without hard labor, or to a penalty not exceeding $100.00, or less than $25.00, or both penalty and imprisonment. Indians are competent witnesses under the three preceding sections. Permission is granted to use intoxicants in case of sickness under direction of a medical man or a minister of religion, but the burden of proof that it is so used is placed on the accused. The Act provides for arrest by peace officers without warrant of any person or Indian found gambling, drunk or in possession of any intoxicant on a reserve, and punishment by imprisonment of persons or Indians so found not exceeding three months, or penalty not exceeding $50.00 or less than $10.00 with costs of prosecution. There is provision for search for and forfeiture of keg, barrel, vat, or receptacle from which intoxicants have been sold, exchanged, bartered, supplied, or given, and also for penalty of $100.00 and not less than $50.00 and costs of prosecution of any person in whose possession same is found. The Act provides for seizure or forfeiture of any ship, vessel, canoe, or conveyance employed in carrying intoxicants to be supplied to Indians, and 94 prohibits introduction of intoxicants at meetings for Indians for discussion or assent to a release or surrender of a reserve on penalty of $200.00 recoverable bj' action. The Act imposes on summary conviction of an Indian found in a state of intoxication, imprisonment not exceeding one month, or penalty not exceeding $:>0.00 and not less than $.5.00 or both penalty and imprisonment, and also provides for arrest without warrant and detention until sober. An additional penalty is provided if the Indian charged refuses to state where he has procured the intoxicant. Indian Dances: The celebration of certain festivals, dances, or ceremonies, whereat pres- ents are made or human or animal bodies are mutilated is an indictable offence, punishment by imprisonment, not less than three months or not more than six months. Costs of Conviction: If any Indian is convicted of any crime punishable by imprisonment in a penitentiary or other place of confinement, the costs of procuring such conviction and of carrying out the various sentences recorded may be defrayed out of annuity or interest money coming to such Indian or to the band as the case may be. Officials Prohibited from Trading. No official or employee of the Indian department, and no missionary employed in mission work among the Indians, and no school teacjier on an Indian reserve shall trade with any Indian or sell to him directly or indirectly any goods or supplies, cattle, or other animals ; penalty, the sums received from sale, etc., and costs of prosecution. P^ducation : The Governor in Council may make regulations to secure the compulsory attendance of Indian children at school, and providing for the punishment of parents and others who fail, refuse, or neglect to send such children to school. The Governor in Council may also establish industrial or boarding schools for Indians, and may provide for the application of annuities and interest moneys of children committed to such schools for the maintenance of such schools or the children themselves. Inciting Indians to Riotous Acts: Everyone is guilty of an indictable offence, and liable to two years' im- prisonment, who induces, incites, or stirs up any three or more Indians, non-treaty Indians, or half-breeds, apparently acting in concert (a) to make any recjuest or demand of any agent or servant of the government in a riotous, disorderly, or in a threatening manner, calculated to cause a breach of the peace ; or (b) to do any act calculated to cause a breach of the peace. Prostitution of Indian Women: Everyone is guilty of an indictable offence, and liable to a penalty not exceeding one hundred dollars and not less than ten dollars, or six months imprisonment (a) who being the keeper of any house, tent, or wigwam, allows or suffers any unenfranchised woman to be or remain in such house, 95 tent, or wigwam, with the intention of prostituting herself therein; or (b) who being an Indian woman prostitutes herself therein; or (c) who being an unenfranchised Indian woman, keeps, frequents, or is found in a dis- orderly house, tent, or wigwam used for such purpose. Every person who appears, acts, or behaves as master or mistress, or as the person who has the care or management of any such house, tent, or wigwam, in which any such Indian woman is, or remains for the purpose of prostituting herself therein, is deemed to be the keeper thereof, notwith- standing he or she is not, in fact, the real keeper thereof. Theft from Indian Graves: Everyone who steals or unlawfully injures or removes any image, bones, article or thing deposited in or near any Indian grave is guilty of an ofifence and liable, on summary conviction, for a first offence, to a penalty not exceeding three hundred dollars, or to three months imprisonment, and for d. subsequent offence to the same penalty and to six months imprison- ment at hard labor. Homestead and Pre-emption Rights: No Indian resident in the Province of Manitoba, the North West Terri- tories, or the District of Keewatin shall be held capable of having acquired, or of acquiring, a homestead or pre-emption surveyed or unsurveyed sec- tion in the Province of Manitoba, the North West Territories or the Dis- trict of Keewatin, or the right to share in the distribution of any lands allotted to half-breeds. Electoral Franchises: By the Franchise Act, 1898, 61 Vic. Cap. 14, section 5, for the purposes of any Dominion election held within the limits of any Province, the qualifications necessary to entitle any person to vote thereat shall be those estabhshed by the laws of that province as necessary to entitle that person to vote in the same part of the province at a provincial election. In New Brunswick, British Colombia and the Northwest Territory, Indians cannot vote. In most of the other provinces the franchise is extended only to enfranchised Indians. Member of Parliament: There is no statutory provision against an Indian as such being elected to or sitting and voting as a member of. Parliament. Municipal franchise : The only province in which an Indian as such is disqualified from voting in a municipal election, when he otherwise holds the same qualification as a white man, appears to be British Columbia, in which province he is disquahfied under the municipal elections Act (Cap. 68, R. S. B. C, 1897). Exemptions from Game Laws: In most of the provinces, the provisions of the Act do not apply to Indians in regard to any game for their own immediate use for food only, and for the reasonable necessity of the person killing the same and of his family, and not for the purposes of sale or traffic. 06 EXHIBIT C— Blank Forms. Note : The following are a few of the blank forms used by the Canadian Indian Department, which illustrate administrative methods described in this report, and which might be adopted in whole or in part to advantage in the administration of Indian afTairs in the United States. Form of Surrender of Part of Blackfoot Reserve. KNOW ALL MEN BY THESE PRESENTS THAT WE, the undersigned Chief and Principal men of The Blackfoot Band of Indians resident on our Reserve on the Bow River in the Province of Alberta and Dominion of Canada, for and acting on behalf of the whole people of our said Band in Council assembled, Do hereby release, remise, surrender, quit claim and yield up unto OUR Sovereign Lord the King, his Heirs and Successors forever, ALL AND SINGULAR, that certain parcel or tract of land and premises, situate, b'ing and being in the Blackfoot Indian Reserve, known and recorded as Reserve No. 146, in the Province of Alberta containing by admeasurement about 115,000 acres be the same more or less and being composed of Form No. 65. IN WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this fifteenth day of June in the year of our Lord one thousand nine hundred and ten. SIGNED, SEALED AND DELIVERED, "| IN THE PRESENCE OF 97 Form of Release Signed by Indians when Reserve Land is Surrendered. Dominion of Canada, Province of County of. To wit : Personally appeared before me, (Name of agent) of the. .of. in the province of. and .... (Names of Indians) Chiefs of the Band of Indians And the said (Name of agent) for himself saith : — That the annexed release or surrender was assented to by a majority of the male members of the said band of Indians of the full age of twenty-one years entitled to vote, all of whom were present at the meeting or council. That such assent was given at the meeting or council of the said Band summoned for that purpose and according to its rules or the rules of the Department. That the terms of the said surrender were interpreted to the Indians by an interpreter qualified to interpret from the English language to the language of the Indians. That he was present at such meeting or council and heard such assent given. That he was duly authorized to attend such council or meeting by the Deputy Superintendent General of Indian Affairs. That no Indian was present or voted at said council or meeting who was not a member of the Band or interested in the land mentioned in the said release or surrender. And the said (Names of Indians) say :— That the annexed release or surrender was assented to by them and a majority of the male members of the said Band of Indians of the full age of twenty-one years. That such assent was given at a meeting or council of the said Band of Indians for that purpose as hereinbefore stated, and held in the presence of the said (Name of agent) That no Indian was present or voted at such council or meeting who was not an habitual resident on the reserve of the said Band of Indians and interested in the land men- tioned in the release or surrender. That the terms of the said surrender were interpreted to the Indians by an interpreter qualified to interpret from the English language to the language of the Indians. That they are .- • • • (Chiefs or prmcipal men) of the said band of Indians and entitled to vote at the said meeting or council. Sworn before me by the deponents at the of in the County of this day of A. D. 19.... Declaration of Chief or Councillor. Dominion of Canada, District of Indian Agency. I, do solemnly declare that I will well and truly serve our Sov- ereign Lord the King, in the office of of the band of Indians, without favour or affection, malice, or ill will ; that I will strictly obey all the laws and regulations of our Sovereign Lord the King; that I will to the best of my ability endeavour to prevent all contraventions of the said laws and regulations by any member of my band ; that I will report all infractions of the laws and regulations at the earliest opportunity to the Indian Agent over me ; and that I will strive to advance the interests of all the Indians of my band morally and financially, both by precept and example, and generally ful- fil all the duties of the office to which I have been elected for an indefinite term, to the best of my skill and knowledge. That this declaration has been read through to me and explained to me both in the and languages, and I understand the nature of the said declaration. Declared before me at " in the District of this day of A. D. 19 , this declaration hav- ing been first read through by me to the deponent in the English language, which he appeared to clearly understand, or having been interpreted to him in my presence in the language, which he under- stood. 99 Application for Commutation of Annuity. THE SECRETARY, DEPARTMENT OF INDIAN AFFAIRS, OTTAWA, ONT. I, No of Band, in the Agency, now lawfully married to , a , having by virtue of my said marriage ceased to be an Indian woman within the meaning of the Indian Act, except in that I am still entitled, under Sec- tions 14 or 15 thereof, to share in the distribution of the annuity moneys of the said band, do hereby, under the provisions of the said section, apply to have my annuity commuted to me at ten years' purchase. Witness my hand at in the this day of , A. D. 19. . . . (Signature) I hereby certify that the foregoing application was signed by the said , in my presence, at the time and place mentioned therein, and that the applicant is, to my knowledge, lawfully married to the said , whose status is as stated. Indian Agent. Agency. 19.... Form No. 34. 100 Consent of Band to Commutation of Annuity. Indian Reserve at. We, the undersigned, Chief and Councillors of the Band of Indians owning the Reserve situated at in the ^ composing a majority of the Chief and Councillors of the said Band, have by vote at a Council, summoned according to the Rules of the Band, and held in the presence of the Indian Agent for the locality, on the day of in the year of Our Lord 190...., granted on behalf of the aforesaid Band, consent to former member thereof, who is married to a a to commute for the annuity payable to her at ten years' pur- chase as provided for in Section lA of the Indian Act. Certified as to signatures and statements generally made herein by the Chief and Councillors, and as to na- tionality, as described here- in, of the above-named woman's husband. Indian Agent. Form No. 34 A. Chief Indian Agent. Councillor . ■ Councillor 101 Application for Admission to Residential Indian Schools. 191. Sir,— I hereby make application for admission of the imdermentioned child into the Residential School ; to remain therein for such term as the Department for Indian Affairs may deem proper; and I hereby consent that the principal or head teacher of the institution for the time being shall be the guardian of the said child, viz : — Indian name of child English name Age Name of Band No. of ticket under which child's annuity is paid. Father's full name and No Mother's full name and No Parents living or dead State of health Religion Speak English or not Present state of education Previously attended school for. (Signature of Parent or Guardian) I hereby certify that the above application for admission has been read over and interpreted to the parent or gardian and that the con- tents w^ere understood by him or her and that I witnessed his or her signature to this document. (Signature of Witness) I hereby approve of the admis- sion of the above child and certify that he is eligible to be ad- mitted as a grant earning pupil Supt. or Agent. ♦Principal or other official of the school must not sign as witness. Note. — All the above particulars must be fully given, especially the "Name of Band" and "No. of ticket under which child's annuity is paid." Form 61. 102 CERTIFICATE OF HEALTH Agency. School. .. 191.. Annuity Ticket, Name and Number and Band of Parent or Guardian : Candidate's Name Age Height Weight State defects of limbs, if any State defects of hearing, if any State signs of scrofula or other forms of tubercular disease, if any Describe what cutaneous disease, if any State whether subj ect to fits State whether child has had smallpox State whether vaccinated, and, if so, in what year Is this candidate generally of sound and healthy constitution, and fitted to enter an Indian school? I certify that I have made a personal examination of the above named applicant, and that the answers set down by me are correct. M. D. N. B. — No child suffering from scrofula or any form of tubercular disease is to be admitted to school; if in any special case it is thought that this rule should be relaxed, a report should be made to the Department setting forth the facts. 103 [This form appears in triplicate, duplicate, original] Indian Location Ticket. Issued Under Section Indian Act TRIPLICATE FOR DEPARTMENT BE IT KNOWN BY THESE PRESENTS that of the Indian Reserve in the in the in the Province of and Dominion of Canada, being a member of the having been allotted by the Band owning the Reserve, with the approval of the Superintendent General, on the aforesaid Reserve, containing by admeasurement acres of land, more or less, is hereby located for the same, under the provisions of Sections 21, 22 and 23, of the Indian Act, Chap. 81, Revised Statutes of Canada, 1906. Given under my Hand and Seal at Ottawa, this day of in the year of Our Lord, one thousand nine hundred and Deputy Superintendent General of Indian Affairs. 104 Plan of Sale of Surplus Indian Lands. DESCRIPTIVE LIST OF BLACKFOOT INDIAN LANDS For Sale by Public Auction AT GLEICHEN, ALBERTA ON WEDNESDAY, THE 5TH DAY OF JUNE, 1912, AT 10 O'CLOCK, A. M. The lands will be sold in parcels of one quarter section each, and coal and mining rights in connection therewith will be reserved from sale. The Department reserves the right to withdraw any of the lands from the sale. The general description of these lands is considered to be substantially cor- rect, but intending purchasers are advised to personally inspect any and all parcels they intend to purchase. TERMS OF PAYMENT. One-tenth in cash at time of sale, and the balance in nine, equal, annual instalments, with interest at the rate of five per cent per annum on the balance of the purchase money from time to time remaining unpaid. Scrip or warrants will not be accepted in payment. Upon a parcel of land being knocked down, the purchaser shall immediately deposit the sum of One Hundred Dollars with the Clerk of Sale ; otherwise the parcel will at once be put up again. For this purpose intending pur- chasers should provide themselves with marked cheques on chartered banks of Canada, made to their own order and payable at par at the point of sale ; or with bank notes of as large a denomination as possible. The balance of the cash instalment must in every case be paid before the close of the sale, failing which the deposit of One Hundred Dollars will be forfeited, and the land withdrawn from sale. Lists and plans of the lands to be sold may be had on application to the undersigned, or to J. A. Markle, Inspector of Indian Agencies, Red Deer, to J. H. Gooderham, Indian Agent, Gleichen, Alta., or to the Dominion Lands Agents, Calgary, Lethbridge or Medicine Hat. J. D. McLEAN, Asst. Deputy and Secretary. Department of Indian Affairs, Ottawa, 12th March, 1912. 20748—1^ 105 Relief of Destitute. REUEF. lowing the distribution of the following articles to the Indians at Cheque No $ NAME. s3 :33 a Is k k Signature of Recipient, or Witness. I hereby certify that the supplies shown in the above statement were distributed by me; that the recipients were Indians, and were entitled by reason of their destitute cir- cumstances to this relief; that the supplies were in good order and condition, and the prices charged were fair and just. Form 22 B. Supt. Agent. 106 Return of Conviction for Supplying Intoxicants. V5 2;c CSS 107 Trader's License. DEPARTMENT OF INDIAN AFFAIRS, Ottawa, THIS LICENSE is issued in accordance with sub-section 2 of section 134 of the Indian Act as added to by section 10, cap. 29, 53 Vic, in favour of of in the and the said is hereby authorized to trade on the terms herein described with the Indians on the and to erect thereon, at such point or points as the may approve of, a building or buildings for the purpose of trading. This license is issued on the distinct understanding that the holder thereof will sell to or barter with the Indians only serviceable and useful articles ; that no trinkets or other trifling articles will be sold to or bartered with or given by the licensee to the Indians ; that all goods or articles used by the licensee in or in connection with the licensee's trading with the Indians shall be of good merchantable quality, and that the same shall be sold to or bartered with them in accordance with a scale of fair and reasonable prices to be charged for the said goods by the licensee, and to be approved by the It is also to be understood that no inferior goods of any description what- ever shall be used in or in connection with such trade or bartering. The holder of this license, or the employees of the said holder, shall not introduce among, sell or give to, or barter or trade with the Indians, or any of them, any intoxicating liquor or intoxicants of any description or kind whatsoever; and neither the holder of this license nor the employees of the said holder shall in any other respect violate the provisions of the Indian Act or of the amendments thereto. This Hcense will be terminable at the expiration of from its date, provided it be not previously revoked by the Superintendent General of Indian Affairs under the authority of the aforesaid sub-section. Deputy Superintendent General of Indian Affairs. 108 Application for Withdrawal of Savings. I, the undersigned, hereby make application to the Department of Indian Affairs for the withdrawal of my savings. (Applicant's signature) Witness, 1. Ex-pupil's name in full 2. Band 3. Number 4. School 5. Number 6. Occupation 7. Proposed expenditure of savings Agent's report as to circumstances of applicant and recommendation as to withdrawal : Agency, 191.... To the Secretary, Department of Indian Affairs, Ottawa. Form No. 3. Agent. 109 Indian Agent's Credit Certificate to Indians. - oj si « C g. *-3 rt £* rt o « 55 !> c« I- o <=> ^ >^ -"O o -:< en D "^ ^ ■J (L) "J2 ii.2 5i2 -^ u, S a. oj 5 t" . i. 3 > o ui _^ 5 ^'^ g^3 '• C 3 w J:^ i: Oh' "^ S2 « : Q : « '- Hj O : D : w J. S § • W a : a : o .2 "3 c ; : c-" no Ill Form for Loan of Band Property to Individual Members of Band. CONDITIONS. I, the undersigned a member of the Band, hereby acknowledge that I have no individual proprietory rights in the within mentioned property apart from the common ownership of the band, and that I hold and use the said property during the pleasure of the Indian Agent, who may at any time, when he considers that there is justification for so doing, remove the said property from my custody and use, and I unreservedly consent and agree that in the event of my selling or in any way disposing of the said property, or doing or allowing any damage which might have been prevented or avoided by the exercise of reasonable care and precaution on my part to be done to the said property, any annuity monies which I would otherwise be entitled to receive may be retained by the Agent and applied to the replacement or repair of the property sold or disposed of or damaged, as the case may be. Signature of Indian. I, Agent for the Agency, acting for and on behalf of the ' Band, hereby undertake and agree to leave the within mentioned property of the Band in the undisturbed cus- tody and use of so long as to the best of my knowledge and belief he requires the use of the said property, and retains the same in good condition and repair. Signature of Indian Agent. 112 Form of Quit Claim Used by the Council of the Six Nations to Secure Loan of Band Funds to Individual Indians. THIS INDENTURE made in duplicate this day of 19 between of the Township of in the County of hereinafter called the "Borrower ," of the First Part; And of the Township of Tuscarora, in the County of Brant. Speaker of the Six Nations Council, hereinafter called the "Speaker," of the Second Part. WHEREAS the Six Nations Chiefs at their Council meeting held on the day of , 19 , decided to advance the sum of $ to the Borrower from the funds of the Six Nations held in trust by the Government of the Dominion of Canada, upon the security of the lands and improvements hereinafter men- tioned, of which the Borrower the recognized owner , and the interest money of the said Borrower and h family, for the purpose of building a on said lands. NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the premises and of the sum of Dollars of lawful money of Canada now paid to the said Borrower the said Borrower do hereby Grant, Release and Quit Claim unto the Speaker all h Estate, Right, Title, Interest, Claim and Demand whatsoever of, in, to and out of all and singular that certain parcel or tract of land and premises situate, lying and being the of Lot No. in the Concession of the Township of in the County of containing acres more or less. Together with the appurtenances thereto belonging or appertaining. TO HAVE AND TO HOLD, the aforesaid lands and premises with all and singlar the appurtenances thereto belonging or appertaining unto and to the use of the said Speaker and his successors as such forever, subject to the promises and agreements hereinafter contained. 1. The Borrower hereby promise and agree to repay the said sum of $ together with interest thereon at the rate of Six per cent per annum, in five equal annual instalments of each, payable yearly on the 1st day of October in each and every year. 2. The Borrower further agree and hereby authorize and request the Department of Indian Affairs to retain the Interest Money of h self and h family, being No. Band of the Six Nations, persons on the List, until the said loan of $ with in- terest as aforesaid is fully repaid and satisfied. 3. And the Borrower do further promise and agree to insure the buildings on said premises to their full insurable value or the full amount of the sum hereby advanced in a Fire Insurance Company approved of by the Department of Indian Affairs, and to pay all premiums and renewal premiums for Insurance as the same may become due and will assign unto the Superintendent General of Indian Affairs the policy of Insurance, and in default of so insuring, the said Superintendent General may insure and pay all premiums, and the amount thereof shall be added to the debt hereby secured, and shall bear interest at the said rate from the date of such pay- ment. 4. And the Borrower agree and hereby authorize the Department of Indian Affairs to withhold the sum of Ten Dollars from said loan for the purpose of building a chimney in said house, so as to make it insurable, or until satisfied that a chimney has been built. 5. And it is further agreed that the Borrower may hold, occupy and 113 enjoy the said lands until default in any of the payments of principal or interest; and in case of default as aforesaid, it is hereby agreed that the Speaker may sell the said land and premises or any part thereof with the improvements thereon, the consent of the Six Nations Council being first had and obtained, and give such conveyance as may be necessary to transfer the right, title and interest therein. 6. And it is further agreed that on payment as aforesaid, the said Speaker shall reconvey the said lands and premises, and improvements thereon, to the said Borrower . IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals. Signed, Sealed and Delivered, in the Presence of Indian Office, Brantford, I hereby certify that, should the above mentioned loan amounting to $ be granted, the amount of capital outstanding under loans, will not exceed the gross amount of Fifty thousand Dollars. Superintendent. 114 Order Form Used on Blackfoot Reserve to Obtain Credit for Indians. c.= o -a< 2 "1 -d >^ o ta S^ ake t s spe nly a ate t sibili o ; c C he C > S \ < o .5 >> Si S will u f the amoi vill in t of r -a < |<3 c": ^ " g ?J5 X "6 S 6 12: o >* IX. m Ui in < 4. c o 5 o E 1 O Note.— The Indian collection of this ac fied and within the supplied. Any devi • order and relieve th 115 Form of Estimate Submitted to Deputy Superintendent-General Indian Affairs by Indian Agents. ESTIMATES SASKATCHEWAN, ALBERTA AND NORTHWEST TERRITORIES. , Agency. N. B. — Agents are reminded that the utmost care must be taken to foresee and provide for all probable requirements, as it will not be possible to enter- tain any request involving expenditure for which provision has not been made. INDEX Vote Page I Annuities and commutations 1 II Implements, tools and harness 2 III Field and garden seeds 3 IV Live stock for Indians 4 V Supplies for working and destitute Indians — Clothing 5 Provisions 6 Ammunition and twine 7 Medicines, medical attendance and hospitals 8 VI Triennial clothing 9 VII Boarding schools 11 Day schools — Teachers' salaries 12 Biscuits, rice, &c 13 New buildings X 14 Additions and repairs 3 IX Sioux 15 X Grist and Saw Mills 16 XI General expenses — Salaries Miscellaneous L 17 Rations Fuel, feed, &c Live stock } 18 Vehicles, harness, &c 3 18 Buildings 19 116 Indian Agent's Monthly Report. DECLARATION OF INDIAN AGENT. PROVINCE OF. I, of do solemnly declare that I am Indian Agent for That the attached statement is a correct transcript of the cash-book kept at this Agency for the month of 19 That the receipts set down in the said statement cover all amounts received by me during the said month from any source whatever for or on behalf of Indians. That each Indian named in this statement is entitled to the amount set opposite his or her name; that in the case of payments to other persons on behalf of Indians the said Indians have received full value for the amount so paid ; and that each and every person to whom cash was paid was properly entitled to receive the amount set opposite his name, having given full value therefor. And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of "The Canada Evidence Act." Indian Agent. DECLARED before me at in the said Province of this day of 191 J. P. 117 Farmer's Return for Month of 191 1 1 1 1 1 1 1 i i 1 1 1 1 1 •sapiH •sauil po3 1 1 s 1 » 1 ! j 1 - ^ '^ •ajiAV sJ^nS •JOHS •japMoj •S(IB3 unr) •SJUBJ •aaa^S •B9JEIB0 •s;3:iuEia •;iBS ^OOg •no 1^00 •eaX 1 •IFS 1 •dBOg 1 •aoia •rao 1 'Pm 1 •uooEa 1 j •jnoij j 1 • •a 1 a O c 4, > 1 1 o a c •c E W c o a 1 B Si 21 i 118 c fill §00,1 O '*r IX s fa «» 11 <» Cab 5I Vt ll ft P «» 1 «» u 1 ^ 1 1 ^ I . 1 ° s o T o 1 1 119 e ■O o .s « 5 g 120 121 Seed Grain. STATEMENT showing the quantity of each of the following Grains supplied to the undermentioned Indians at Cheque No $ Date 191 NAME. '5 1 1 11 Signature of Recipient or Witness of Delivery. I hereby certify that the Seed Grain shown in the above statement was distributed by me; that the recipients were Indians and were entitled by reason of destitute cir- cumstances to this seed; that the Seed Grain supplied was of good quality, and that the prices charged were fair and just. Form 21 C. Agent 122 Form Letter Disposing of Beef Funds. DEPARTMENT OF INDIAN AFFAIRS Ottawa, FORM Q. Sir, I beg to inform you that Agent of the Agency, recently forwarded for payment beef voucher No. . amounting to $ . $ of the amount of this voucher has been placed to the credit of the Receiver General on account of the Bull Fund, and $ has been credited to the Ranching Fund, while a cheque. No. for $ has been sent to the Agent to pay the Indians who furnished the beef. A copy of the memorandum attached to the voucher is enclosed herewith. Your obedient servant, J. D. McLean, Asst. Deputy and Secretary. 123 Comparative Statement of Live Stock. ACCOMPANYING INSPECTOR'S RF.PORT. .Agency. Date ON HAND LAST INSPECTION, AND INCREASE. No. BAND. Date last Inspection. ., Balance last Inspection. Born. Total. Calves. Foals. 1 ■ DECREASE. Balance on hand. Inspector. 124 Permit to Sell Horses. BLOOD AGENCY, MACLEOD, Alberta, 191 is hereby granted permission to . .sell Mare Gelding Stallion. Weight Colour Branded : Right Left Hip Jaw Neck Thigh to for $ , subject to the fol- lowing conditions, viz : — That the Stockman or Farm Instructor shall have inspected the animal and signed the certificate below as to correctness of description of the animal as stated above, such certificate to be countersigned by the Indian Agent, before payment is made. That after the agreement has been reached between the Indian and the buyer, the check or other evidence of payment shall be attached to this contract and the same returned to the Agency Office. When satisfied that such settlement is full, fair and just compensation, the certificate of approval below will be signed and the contract returned to the purchaser to be retained by him as a bill of sale. That after the approval of the sale is made, the purchaser shall cause the old brand to be properly vented within five (5) days from the date hereof unless the animal is to be shipped or otherwise removed from the Reservation promptly. After the venting of the old brand the animal may be rebranded by the purchaser with his own brand, if he so desires. That if for any reason the sale is not completed within five (5) daj-^s from the date hereof, this contract will be returned to the Agency promptly for cancellation. That no sale will be permitted upon terms diflferent from those named herein, and any alteration or modification of this contract will operate im- mediately as a cancellation of same. Inspected and found to be in accordance with the permit and terms of settlement approved 191 Countersigned : — Stockman or Farm Inspector. Indian Agent. 125 •s3;j •daaqs •S3AIB3 s R •SJ3JT3H ;^ ;H >'y. •sjaais 'rH C m •SJ9JI3H w 3 rH w 12 N O •s.i33;s S S •pjo -sjX g 'sa39;s •SMOQ -^ - r, ^ w •sung •uaxQ ■saJBM puB sSuippo •SUOniBIS 11 . u rt CJ Oc« ^ ^« h4 "> .2 •saajpH s -o R ;3 o •saagjs 2 - S 2 ri •S-13JPH S ;: R w oo •SJ331S 3 rq S 2 2 •pio -saX g 'sa33;s 2 -- 3 •SM03 f? rj _1 ■* '«■ _ - CO H •Sling r. r, " PM W ■U3XO ^ i:>j •S3JBJ\[ pUB sSUippO _ •SUOIIIBIS o « fa Q W w s O 3 1 i •o ft* 3 O 1 •o c .2 c •s, W 126 Individual Holders of Live Stock. File Hills Agency. Little Black Bear Band. Dated March 31st. 1914. NAMIv. 1 1 <0 1 c a G 6 O 1 2-yr.- olds. 1-yr.- olds. o 55 1 i a w 2 H Petwokshane ' 1 2 2 6 Big Sky y 1 2 3 1 5 20 Jos. Bellegarde 1 1 1 1 1 5 Akapew 5 1 4 1 1 3 15 Pierre I,a Cree C 3 1 4 4 18 Otter Skin 7 5 3 4 2 e 27 Alec. Bellegarde i 2 2 3 6 17 Band 2 2 2 32 13 12 13 11 27 110 127 Individual Live Stock Record. [Bound in book, left-hand page.] BRANDS, ) Department.... and position >■ on Animal. J Private (mark) left Rib. Name of Indian, Petwokshane. From Whom Received. Numb^T^f Cer- tificate. Calves to be trans- ferred to column for 1-year-olds before the next calving season commences. RECEIPTS. c .2 t c I a is o O n ^ •a 9 if 1 2-Year Olds. 1-Year Olds. i 1 Date. Crt 1 March 31 On hand 1 1 2 2 Apr. 1 Raised one year. 1 2 2 Found entered as missing- before in error 1 Sept. 30 Receipts 2 1 3 4 2 Issues 1 2 2 Balance 2 1 2 2 [Bound in book, right-hand page.] Fay Ticket No. 3 of Little Black Bear -Band. ISSUES. State below how animals are disposed of. Give date and number of authority to kill or sell. Cause of death, &c. .2 tn t 1 I 6 i o 1 i 6 4 9 CO i 1 2-Year Olds. 1-Year Olds. d 1 V3 1 Date. 1914. 1 co- ll 1 1 1 Apr. 1 Raised on year.... 1 2 2 128 File Hills Agency Peepeekesis Band Freid Deiter, Name, No DATF. 1905 1906 1907 1908 1909 1910 1911 1912 1913 Wheat, acres sown 60 80 126 110 85 35 70 Wheat, bushels harvested.. 1,500 2,616 1,060 1,280 3,422 394 1,250 Oats, acres sown 30 30 45 80 130 180 120 265 200 Oats, bushels harvested... 900 1,460 900 1,530 4,940 6,778 2,360 4,645 6,388 10 7 40 100 100 768 Gardens & Potatoes, acres Vz 'A 1 y^ 1 1 1 1 1 30 30 50 20 40 Summerfallow, acres 50 35 30 90 85 30 85 110 90 Fall plowed 35 49 Horses 4 10 11 1 12 Bulls Steers, 3 years old ! Steers, 2 years old Steers, 1 year old Bull Calves 3 Heifers, 2 years old 1 Heifers, 1 year old Heifer Calves 1 1 Total Cattle i i 6 Sheep 80 Hoi se 1 Stables i 2 Storehouses, granaries 5 Wells 2 Seeder 1 Binder 1 Wagon.. . 2 Plows 3 Double Harness 4 Sleighs 2 Buggies 1 129 MEMORANDA. Re V. Deiter. Admitted 1901. Crops, 1902, 824 bushels. 1903, 1,994 bushels. 1904, 1,275 bushels. In 1907 the crop was nearly all frozen. In 1908 the crop badly frozen. In 1910 two horses killed by lightning. In 1911 adverse threshing conditions, rain and snow, grain went through the machine. In 1912 a cyclone blew out a lot of grain. 130 5s -^ fe g «- o 4Jc ^3 t— I iiasjQ jo suox ■XCH JO suox ■A\0[[G^ 'S S3JDV •tio>toJa ssaov •llDpjCQ JO SOJOV 1 •si-iiisnu •S3J0V •if •siDqsna 1 1 •sajo\- ^ ■siai[sna 5 o « 1 i 03 o « to" M 1 «" •sa.iox- - g s ' i Si lO O o ' s 5 ' o § ''. c •si.>t[sua 1 o o 1 «5 1 o o s CO 1 CO s •SJJ3V I0!X 1 1 '^ C < 1 J 1 (2 a. [7 ^ c- (£ E o H 131 . o •^ o 6^ t/^ 1 s go j 1 IC i eg J HP w 1 fa § < o o G < ft !x m ■5 a Q 6 ^5 s g (3 ^ ^ « o o 1 o i I h4 6 d i X : 1 1 o fa Q W > S o w Pi s < 1 1 < o •a S u 12 6 11 < Q lis i o ^ 6 132 1 1 ?' f, ^ ««• S :i 1 c '- ^: ?^ § < « ■* = ^ S 6 5 -^ S j- 5 ^ " £ c o fa o 8 < o 1 % 1 t/3 D ►4 i-r ■J u 1/1 fa o H ??; § o ►4 ►4 Q W So « 1 i 1 a < 6 1 g Q g 1 .12 1 1 P5 G s 6 '-1 B l-J g o2 6 6 i-i ij; < 133 o g- Si O 134 Prize List for File Hills Agency Exhibition, August, 1911. Class A— Yoke of oxen Team of heavy horses Team of drivers Best kept team and harness Mare and foal Brood mare Single driver Yearling colt Saddle horse Two-year-old colt General purpose horses Three-year-old colt Milch cow Pigs Hens Ducks Class B— Wheat Oats Potatoes Onions Carrots Turnips Cabbage Wheat in straw Oats in straw Beets Class C— Eggs Bread Buns Butter Cake (layer) Cake (fruit) Jam Class D— Class E— Patch quilt Collection of beadwork Lady's apron (kitchen) Moccasins Lady's apron (white) Saddle Lady's skirt Fire bag Flannel shirt Leggings Stiflf shirt Necklaces Corset cover Model teepee Chemise Tanning Nightgown Baskets, large Tea apron Baskets, small Crochet work, silk Rush mats cotton Rag mats wool Table mats Embroidery work Stone pipes Socks Mitts Blouse, silk Blouse, cotton Child's dress Baby's dress Boy's dress Cushions Lady's wrapper Lady's dress Child's pinafore Baby's bonnet 135 5S <§< 136 Information and Complaint Under Oath, [coat of arms] INFORMATION AND COMPLAINT UNDER OATH. Canada Pkovince of County of The information and complaint of of , taken this day of , in the year before the undersigned {otie or two.) of His Majesty's justices of the peace in and for the said county of who saith that (State name and description of the person charged with offence; its nature — following closely the word- ing of the Statute violated — and the place and date the offence is alleged to have been committed. See Sec. 28 of Indian Act as to cases in which name is not known.) Sworn before this day and year first above mentioned at J. r (Form C, Sec. 558 of the Criminal Code.) 137 Summons to a Witness. [coat op arms] SUMMONS TO A WITNESS. Canada : Province of County of. (Name and ad- To dress of witness.) of Whereas information has been laid before the undersigned , a justice of the peace in and for the said county of , (Name of de- that fendant.) (Matter of com- plaint stated briefly.) and it has been made to appear to upon , (Complainant or that you are Hkely to give material evidence for defendant.) : These are therefore to require (me or us.) you to be and to appear before on next, at o'clock in the noon, at , or before such other justice or justices of the peace of the same county of , as shall then be there, to testify what you know concerning the said charge so made against the said as before said. Herein fail not. (my or our.) Given under hand and seal this day of , in the year .., at , in the county aforesaid. /. P. (Form K., Sec. 580 of the Criminal Code.) 138 Form of Summons Used by Chiefs of Six Nations. vSUMMONS TO WITNKSS. To You are hereby notified and required to appear personally before the Chiefs of the Six Nations Reserve at their Council House, Ohsweken, on the day of I'Jl at the hour of 10 o'clock in the forenoon, to testify the truth accord- ing to j'our knowledge in a certain matter in dispute in relation to in the Township of a portion of the Six Nations Reserve. And also that you do diligently and carefully search for and bring with you and produce at the time and place aforesaid, all books, documents, letters and paper writings whatsoever in your possession, custody or power, in any wise relating to the said matter. Witness my hand at Ohsweken, Six Nations Reserve, this. day of 191 Secretary, Six Nations Council. 139 Warrant for a Witness in the First Instance. [coat op arms] Canada : Province of County of. To all or any of the constables and other peace officers in the said county of Whereas information has been laid before the undersigned a justice of the peace in and for the said county of (Name of defend-that ant.) (Matter of com- plaint stated briefly.) and it having been made to appear to upon oath (Name and resi- that of dence of witness.) is likely to give material evidence for the prosecution, and that it is probable that the said will not attend to give evi- dence unless compelled to do so ; These are therefore to command you to bring and have the said (me or us.) before on at o'clock in the noon, at or before such other justice or justices of the peace for the same county, as shall then be there, to testify what he knows concerning the said charge so made against the said as aforesaid. (my or our.) Given under hand and seal this day of in the year at in the county aforesaid. /. P. (Form M., Sec. 583 of the Criminal Code.) 140 Summons to Defendant. [coat of arms] SUMMONS TO DEFENDANT. Canada : Provincf. of y To County OF of WHEREAS you have this day hcen cliarged before the undersigned , a justice of the peace in and for the said county of (State shortly and , for that you on plainly the offence^t with which the These are therefore to command you, in His Majesty's name, defendant is to be and appear before on charged.) at o'clock in the Une or us) noon, at or before such other justice or justices of the peace for the same county of as shall then be there, to answer to the said charge and to be further dealt with according to law. Herein fail not. (»iv or our) Given under hand and seal, this day of in the year , at in the county aforesaid. J. P. Form E, Sec. 562 of the Criminal Code.) 141 Warrant to Search. [coat oi- arms] WARRANT TO SEARCH. Canada : Province of County of. WHEREAS it appears on the oath of. of. to suspect that. that there is reason (Describe things to be searched for and offence in re- spect of wliich search is made.) are concealed in. (As the justice shall direct.) .at. This is. therefore, to authorize and require you to enter between the hours of into the said premises, and to search for the said things, and to bring them before or some other justice of the peace. Dated at in the said county of , this day of in the year ./. P. To. of. Form I, Sec. 569 of the Criminal Code.) 142 Information to Obtain a Search Warrant. [coat of arms] IXI'ORMATION TO OBTAIN A SEARCH WARRANT. Canada Provinck of County of. (Name, address The iiiforniatioii of and occupation of yf , in the said county person laying taken information. this day of , in the year , before Esquire justice of the peace in and for the county of , who says that (Describe things ■o he searched for md offence in respect of which search is made.) and tliat he has just and reasonable cause to suspect, and Describe place or suspccts, that the said goods and chattels, or some part of places to be them, arc concealed in tlic searched.) of , in the said county (Here add the causes of sus- picion, whatever they may be.) (he or she.) Wherefore prays that a search warrant may be granted to him to search the (Describe as of the said as aforesaid, for the above.) said goods and chattels so concealed, as aforesaid. Sworn before me the day and year first above mentioned at , in the said county of J. F Form J., Sec. 5G9 of the Criminal Code.) 143 Warrant of Commitment. [coat oi- arms] WARRANT OF COMMITMENT. Canada : Province of County of. To the constable of and to the keeper of the at in the said county of Whereas (Name of de- was this day charged before me fendant.) one of His Majesty's justices of the peace in and for the said county of on the oath of (Matter of com- of plaint.) and others for that (Name of de- These are therefore to command you the said constable to fendant.) take the said (Lockup or gaol and him safely to convey to the as the case may at be.) aforesaid, and there to deliver him to the keeper thereof, together with this precept: And 1 do hereby command you the said keeper of the said to receive the said into your custody in the said • • • and there safely keep him until he shall be thence delivered by due course of law. Given under my hand and seal this day of i" the year _• • • • at in the county aforesaid. (Form v., Sec. 596 of the Criminal Code.) 144 Warrant to Apprehend Defendant in First Instance. [coat oi* arms] WARRANT TO APPREHEND DEEICNDANT IN FIRST INSTANCE. Canada : Province of , County or To all or any of the constables or other peace officers in tlic said count}' of (Name of de- WhKREAS fendant.) of has this day been charged upon (Address of de- oath before tlie undersigned fendant.) ^ justice of tlie peace in and for the said County of for that he, on , at , did (State shortly and plainly the offence with which the defendant is charged.) These are therefore to command you, in His Majesty's name, forthwith to apprehend the said (me or us.) and to bring him before (or some other justice of the peace in and for the said county of ), to answer unto the said charge, and to be further dealt with according to law. (.ATy or our.) Given under hand and seal this day of , in the year , at , in the county aforesaid. J. P. (Form F, Sec. 56Li of the Criminal Code.) 145 Warrant to Apprehend Defendant when Summons is Disobeyed. [coat oi' arms] WARRANT ITO APPREHEND DEFENDANT WHEN SUMMONS IS DISOBEYED. Canada Province of County oe CName and ad- dress of defend- ant.) COr name the justice or justices, as the case may be, who issued the summons.) (State shortly and plainly the offence with which defendant is charged.) {he, the said J. P., we, or they the said J. P.'s. (me, us, him or til cm.) To all or any of the constables and other peace officers in the said county of WHEREAS on the day of.' of was charged before the undersigned a justice of the peace in and for the said county of for that And whereas did then issue. 0/;.v, our, his or their.) (my or our.) . . sijmmons to the said commanding him in His Majesty's name to be and appear before on at o'clock in the noon, r.t , or before such other justice or justices of the peace as should then be there, to answer to the said charge and to be further dealt with according to law ; And whereas the said has neglected to be or appear at the time and place appointed in and by the said summons, although it has no-.v been proved to upon oath that the said summons ivas duly served upon the said These are therefore to command you in H's .Majesty's name forthwith to apprehend the said and to bring him before or some other justice of the peace in and for the said county of . . . , , to answer the said charge, and to be further dealt with according to law. Given under hand and seal, this day of , in the year , at , in the county aforesaid. (Form G, Sec. 5G3 of the Criminal Code.) /. P. 146 Conviction when the Punishment is by Imprisonment. [coat of arms] CONVICTION WHEN THE PUNISHMENT IS BY IMPRISONMENT. Canada : PrOVINCI- 01* County of. Be it remembered on the day of in the year , at in the said county is convicted before the undersigned a Justice of the Peace in and Name of person for the said county, for that he the said convicted.) (State the offence and the time and place where it was committed.) and I adj udge the said for his said offence to be imprisoned in the comtnon gaol of the said county, at in the county of for the term of and 1 also adj udge the said to pay to the said the sum of for his costs in this behalf, and if the said sum for costs are not paid "! (forthufith or before next.) (•or inasmuch as*i order that the said sum be levied by distress and the sale it is now made to answer to mc that the issuing of a warrant of distress in this behalf would be ruinous to the of the goods and chattels of the said. and in default of sufficient distress in that be- half* I adj udge the said to be imprisoned in the said common gaol for the term of to comiucnce at and from the term of his imprisonment aforesaid, unless the said sum for costs is sooner paid. said Given under my hand and seal the day and year first above and his family.) mentioned at in the county aforesaid. /. y (Form X. X., Sec. 859 of the Criminal Code.) 147 Conviction for a Penalty to be Levied by Distress and in De- fault of Sufficient Distress, by Imprisonment. [coat op arms] CONVICTION FOR A PENALTY TO BE LEVIED BY DISTRESS AND IN DEFAULT OF SUFFICIENT DISTRESS, BY IMPRISONMENT. Canada : Province oi- County of. (Name of de- fendant.) (Matter of ci plaint stated briefly.) Be it remembered that on the day of , in the year at in the said County is convicted before the under- signed a Justice of the Peace for the said County, for that the said (Name of com plainant.) and 1 adjudge the said , for his said offence to forfeit and pay the sum of $ to be paid and appHed according to law and also to pay to the said the sum of for his costs in this behalf; and if the said several sums are ( f orwith, or with- not paid in such time as I order that the same be levied by distress and sale of the the court orders.) goods and chattels of the said and in default of sufficient distress I adjudge the said to be imprisoned in the at in the said County of for the term of unless the said several sums and all costs and charges of the said distress are sooner paid. Given under my hand and seal, the day and year first above mentioned, at in the County aforesaid. /. F. (Form V. V., Sec. 859 of the Criminal Code.) 148 Conviction for a Penalty, and in Default of Payment, Imprisonment. [coat oi- arms] C0N\'1CTI0N FOR A PHNALTY, AND IN DEFAULT OF PAYAIENT IMPRISONMENT. Canada : Province of County of. Be it remembered that on the day of ill the year , at , (Xamc of person in the said county , is convicted convicted.) (Or justices if before the undersigned , more than one.) a justice of the peace for the said county, for that he the said (State the ofTencc and the time and place when and where com- mitted.) (Or wc if more and I adjudge the said for his than one justice.) (State the pen- said ofifence to forfeit and pay the sum of ally.) to be paid and apphed according to law : and also to pay to the said (State the costs.) the sum of for his costs in this (Forthwith or on behalf ; and if the several sums are not paid or before the next.) (IVe if more than J adjudge the said one justice.) to be imprisoned in the common gaol of the said county at , in the said county of , for the term of , unless the said sums and the cost and charges of conveying the said to the said common gaol are sooner paid. (my or our.) Given under hand and seal, the day and year first above mentioned at , in the county aforesaid. y. F (Form W. W., Sec. 859 of the Criminal Code.) ,^q. LIBRARY OF CONGRESS 005 503 750 4 i^lU^JlUUUUJU