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 BEFORE THE 
 
 GommissiODeF ol iDHian Bifairs (or investigation 
 
 UNDER SPECIAL INSTRUCTIONS FROM THE 
 PRESIDENT. 
 
 THE SAC AND FOX INDIANS OF THE MISSIS- 
 SIPPI, IN IOWA, 
 
 Claimants. 
 vs. 
 THE SAC AND FOX INDIANS OF THE MISSIS- 
 SIPPI, IN OKLAHOMA, AND THE UNITED 
 STATES, 
 
 Defendants. 
 
 For the Adjustment of Claims Arising from Un- 
 equal Apportionment of the Annuities of the 
 Confederated Tribes of Sac and Fox Indians 
 of the Mississippi, Between the Two Branches 
 of the Tribes. 
 
 THE JURISDICTIONAL STATUS OF THE CASE. 
 
 The Sac and Fox Indians of the Mississippi, residing- in 
 the State of Iowa, after faiHng to secure adjustment of 
 their claims by the Department of the Interior, addressed 
 a memorial to Congress, praying for relief by legislation. 
 
(Senate Mis. Doc. No. 48, 53d Congress, 3d ses.) Con- 
 gress promptly enacted a provision of law in the Indian Ap- 
 propriation Act of March 2, 1895, (-8 Stat. 903), requiring 
 the Secretary of the Interior to examine the claims and to 
 make report thereon to Congress. The Secretary of the 
 Interior made report, as set out in Senate Document No. 
 167, 54th Congress, ist session; his conclusions were ad- 
 verse to the First and Second claims, and favorable upon the 
 Third claim. The Third claim has been adjusted upon the 
 basis of said report, under provision of law therefor found 
 in the Indian Appropriation Act of June 10, 1896, (29 Stat. 
 
 330- 
 
 The claimant Indians appealed to Congress from the ad- 
 verse report made by the Secretary of the Interior on the 
 First and Second claims, pointing out that no such consid- 
 eration of the facts in the matter had been given, as contem- 
 plated by the law, and that the adverse report was based on 
 technical and inequitable construction of laws and treaties, 
 depriving the claimant Indians of what justly and equitably 
 belonged to them. 
 
 At the time of making said appeal, the claimant Indians 
 also called attention to the fact that the sum of $500.00 per 
 annum, provided by the fourth article of the treaty of 1842, 
 to be paid to the principal chief of the Foxes, had been with- 
 held from him since 1855. Payment of the annual amount 
 due him under that provision of the treaty was resumed in 
 1900. 
 
 This appeal was under consideration by the appropriate 
 committees of Congress for a number of years. In response 
 to a resolution of the House all of the facts on the subject 
 were secured by Congress from the Treasury Department. 
 (See. H. R. Doc. No. 38, 57th Congress, ist ses.) The 
 Committee on Indian Affairs of the House of Representa- 
 tives made an exhaustive report on the case — (H. R. Re- 
 port No. 3022, 59th Congress, ist session, subsequently con- 
 
 Si7 transfer 
 24 ;a 1907 
 
curred in by Senate Report No. 3621), and submitted there- 
 with a bill. H. R. 10 133, providing for the adjustment of 
 the claims for past unequal distribution of the annuities be- 
 tween the two branches of the tribes, and for correcting- the 
 evils complained of, so as to prevent injustice to the claim- 
 ant Indians in the future apportionment of the annuities. 
 That bill was passed by Congress. 
 
 When the bill was before the President for approval, a 
 veto thereof was recommended by the Secretary of the In- 
 terior. The President, on the other hand, was urged 
 against such action. He gave a hearing on the subject ; but, 
 as neither the Secretary of the Interior nor the Commis- 
 sioner of Indian Affairs could be present, being distant, he 
 finally determined to veto the bill, but, in his veto message, 
 informed Congress that he had directed the Acting Com- 
 missioner of Indian Affairs to have an immediate and thor- 
 ough investigation made of the matter, and that a report 
 of such investigation be presented to him ; saying further : 
 
 "and after the report of this investigation has reached me I 
 shall be prepared to give my assent to any bill which shall do 
 justice both to the Indians in Iowa and the Indians in Okla- 
 homa." 
 
 The vetoed bill is yet pending before Congress, subject co 
 the Constitutional right of that body to pass it over the veto. 
 
 It is, at the same time, pending before the President, who 
 has required a more thorough investigation of the claims to 
 be made, for his fuller information on the subject. Con- 
 gress will no doubt await the result of the investigation 
 ordered by the President. 
 
 In this situation, and with the evident desire on the part 
 of all concerned to do what justice shall demand, there is 
 hope for a righteous and final adjustment of the claims. 
 
 The counsel for the Oklahoma branch of the tribes, have 
 devoted much time and labor to the preparation of a de- 
 fense, since the bill was vetoed and have presented a brief 
 
on behalf of their chents, wherein they have contended 
 against the claims on technical grounds. A copy of that 
 brief was served on the counsel for the claimant Indians on 
 December 15, 1906. 
 
 There is much in the brief of counsel for the Oklahoma 
 branch of the tribes that challenges discussion, and that 
 prompts correction or the more accurate setting forth of the 
 facts; but discussion of matters not essential to a clear un- 
 derstanding of the claims under consideration will only 
 consume time, and encumber this brief with much unneces- 
 sary material. The intelligence of the reviewing officers 
 will enable them to discriminate between what is material 
 and what is not. In order that the report on the subject 
 may be made to the President at the earliest possible date, 
 so that he may have time for its consideration, and the Con- 
 gress may be enabled to take action on the claims at the 
 present session, little time is allowed for making reply to 
 said brief. 
 
 THE CLAIMS. 
 
 The claims of the Sac and Fox Indians of the Mississippi, 
 residing in the State of Iowa, grow out of the failure of the 
 Department of the Interior to apportion and allow to them 
 their distributive shares of the moneys appropriated by 
 Congress annually for fulfilling treaty stipulations with the 
 Confederated tribes of the Sac and Fox Indians of the 
 Mississippi. The claims are by one branch of the tribes 
 against the other. The guardian of the Indians, charged 
 with the care of the estate of the wards, is asked to make 
 the adjustment, as the laws and facts show right and jus- 
 tice to require. 
 
 The claims are three in number, and are as follows : 
 
 First. For their proportionate shares of the annuities, 
 according to their numbers, from 1855, to 1866, inclusive, 
 
during which period no portion of the tribal annuities were 
 allowed or paid to them, or expended for their benefit. 
 
 Second. For amounts due them by reason of the unequal 
 apportionment of the tribal annuities between the two 
 branches of the tribes, according to their numbers, from 
 1867, to the present time, and until the unequal apportion- 
 ment is stopped. 
 
 Third. For amount of the claim of the principal chief 
 of the Foxes, for the annuity of $500.00 provided by article 
 4 of the treaty of 1842, to be paid to him annually, from 
 1855, to 1899, amounting to $22,500.00. 
 
 The amounts of the First and Second claims are purposely 
 omitted, as they depend on whether the claimant Indians 
 shall be allowed on one basis or another, as is hereinafter 
 made to appear. 
 
 It is proper to state here that the claimant Indians, in 
 their first memorial to Congress, (Senate Mis Doc. No. 48, 
 53d Congress, 3d ses.), desired that their right to share in 
 the '-annuities and other moneys inuring to the Sac and 
 Fox Indians of the Mississippi under their treaties," should 
 be investigated. Congress promptly enacted the following 
 provision of law, in the Indian Appropriation Act of March 
 2, 1895: 
 
 "That the Secretary of the Interior be, and is hereby, 
 directed to examine the claim of the Sac and Fox Indians 
 of Mississippi, now residing in the State of Iowa, as set 
 forth in their memorial presented to Congress (Senate Mis- 
 cellaneous Document Numbered Forty-eight, Fifty-third 
 Congress, third session), for the payment of annuities and 
 other sums from the tribal funds of said Sac and Fox In- 
 dians of Mississippi and any and all claims of that portion 
 of the tribe residing in Iowa, and to ascertain whether, un- 
 der any treaties or acts of Congress, any amount is justly 
 due them as a portion of said tribe from those of said tribe 
 now in Oklahoma by reason of any unequal distribution of 
 tribal annuities, land funds, or funds from other sources; 
 and if so, how much, giving full opportunity to all parties 
 
in interest to be heard, and to report his conclusions to Con- 
 gress at the next assembhng thereof." (28 Stat. 896.) 
 
 The report of the Secretary of the Interior, made to Con- 
 gress, on the claims, (Senate Doc. No. 167), treated in the 
 First and Second Claims of what are technically or com- 
 monly termed annukics only. The appeal to Congress from 
 that adverse report, now under consideration, has proceeded 
 with the matter as set out in the report of the Secretary of 
 the Interior. Therefore, this brief will deal with the moneys 
 known as annuities only, except in so far as will be neces- 
 sary to show how much other moneys of the tribes have 
 gone exclusively to the benefit of the Oklahoma branch of 
 the tribes. 
 
 The counsel for the Oklahoma branch have set out in 
 their brief their grounds for defense, which may be sum- 
 marized as follows : 
 
 I. That the treaties involved "make the annuities pay- 
 able to the tribe — the Sac and Fox Indians of the Mis- 
 sissippi." 
 
 2 The method of payment is left to Executive discretion. 
 
 3. The payments made under Executive regulations can- 
 not be questioned. 
 
 4. The Executive interpretation of treaties and laws is 
 binding upon all concerned. 
 
 5. The claims of the Claimant Indians are contrary to 
 the treaties and laws, as interpreted by the Department of 
 the Interior, and, therefore, should not be allowed. 
 
 6. That if "the officers in control of Indian Affairs failed 
 to make proper interpretation of the treaties and laws, then 
 it must go without saying that the restitution should be made 
 from public funds and not from Indian funds," and the 
 matter should be sent to the courts for final determination. 
 
7 
 STATEMENT OF THE CASE. 
 
 The Sac and Fox tribes of Indians were confederated at 
 an early period of the history of this country. Such rela- 
 tion is shown to have existed at the time the treaty was 
 made with them in 1804. (7 Stat. 84.) The Indians bearing 
 those tribal names formed two confederations ; one is known 
 by the title of "The Sac and Fox Indians of the Mississippi," 
 and the other is known by the title of "The Sac and Fox 
 Indians of the Missouri." These two separate bodies have 
 no relation with each other in treaty matters. It is "The 
 Sac and Fox Indians of the Mississippi" that are concerned 
 in the matter under consideration. 
 
 The Essential Provisions of Treaties and Laws. 
 
 Whether the treaties "make the annuities payable to the 
 trihe," as claimed by counsel for the Oklahoma branch, or 
 to the Indians of the Confederated tribes, as claimed by 
 counsel for the Claimant Indians, will best be shown by the 
 provisions of the treaties on the subject, the essential parts 
 whereof will here be set out for easy reference : 
 
 For "goods of the value of one thousand dollars (six 
 hundred of which are intended for the Sacs and four hun- 
 dred for the Foxes).' 
 
 (Art. 3, Treaty of 1804, 7 Stat. 84. Kappler, Trea- 
 ties, p. 74.) 
 
 u ^°^' "^"""ities * * * to the said Sock tribe, five 
 hundred dollars, and to the Fox tribe five hundred dollars, 
 annually for the term of ten succeeding years." 
 
 (Art. 3, Treaty of 1824, 7 Stat. 229. Kappler, Trea- 
 ties, p. 207.) 
 
 To pay to the Sacs, three thousand dollars, and to the 
 l^oxes three thousand dollars annually for ten successive 
 years at such place, or places on the Mississippi or Missouri 
 
8 
 
 as may be most convenient to said tribes, either in money, 
 merchandize, or domestic animals, at their option." 
 
 (Art. 4, Treaty of 1830, 7 Stat. 328. Kappler, Trea- 
 ties, p. 305.) 
 
 "To pay to said confederated tribes, annually, for thirty 
 successive years, the first payment to be made in Septem- 
 ber of the next year, the sum of twenty thousand dollars in 
 specie." 
 
 (Art. 3, Treaty of 1832, 7 Stat. 374. Kappler, Trea- 
 ties, p. 349.) 
 
 "In consideration of the cessions contained in the pre- 
 ceding article, the United States agree to the following 
 stipulations on their part:" 
 
 (Then follow seven specific stipulations in Aritcle 2, for 
 payment of money for various purposes, amounting in the 
 aggregate, to $177,000.00, of which $100,000.00 was for 
 tribal debts.) 
 
 "Eighth. To invest the sum of two hundred thousand 
 dollars ($200,000) in safe State stocks, and to guarantee 
 to the Indians, an annual income of not less than five per 
 cent., the said interest to be paid to them each year, in the 
 manner annuities are paid, at such time and place, and in 
 money or goods as the tribe may direct.* * Provided, 
 That it may be competent for the President to direct that a 
 portion of the same may, with the consent of the Indians, 
 be applied to education, or other purposes calculated to im- 
 prove them." 
 
 (Treaty of 1837, 7 Stat. 540. Kappler, Treaties, p, 
 
 495-) 
 
 Under the treaty of 1842, the Confederated tribes of 
 Sacs and Foxes ceded to the United States all their land in 
 Iowa, stipulating to remain three years on a portion of it; 
 and thereafter to remove to a new reservation to be desig- 
 nated for them by the President, which land was designated 
 in Kansas. 
 
 "Article II. In consideration of the cession contained in 
 the preceding article, the United States agree to pay an- 
 
niially to the Sacs and Foxes, an interest of five per centum 
 upon the sum of eight hundred thousand dollars, and to 
 pay their debts mentioned in the schedule annexed to and 
 made part of this treaty, amounting to the sum of two hun- 
 dred and fifty-eight thousand, five hundred and sixty-six dol- 
 lars and thirty-four cents, * * * * *_" 
 
 In the Second sub-division of said article two of the 
 treaty, provision is made for the removal and maintenance 
 of the tools and materials of the blacksmith and gunsmith 
 
 shops, provided for in treaty of 1836, "for the benefit of the 
 Sacs and Foxes ; one blacksmith's shop and one gunsmith's 
 shop to be employed exclusively for the Sacs, and one of 
 each to be employed exclusively for the Foxes." 
 
 Further provisions of said Second sub-division of article 
 two are for removing and re-establishing said shops, for 
 the same uses, 
 
 ''when the tribes shall remove to the land to be assigned 
 them by the President of the United States, under the pro- 
 visions of this treaty." 
 
 ''Article 4. It is agreed that each of the principal chiefs 
 of the Sacs and Foxes, shall hereafter receive the sum of 
 five hundred dollars annually, out of the annuities payable 
 to the tribe, to be used and expended by them for such pur- 
 poses as they may think proper, with the approbation of 
 their agent." 
 
 (Treaty of 1842. 7 Stat. 596. Kappler, Treaties, p. 
 546.) 
 
 The members of the Confederated tribes moved to the 
 land in Kansas, designated by the President for them, under 
 the treaty of 1842; they continued to reside there, until, in 
 1854, the Foxes of the Confederated tribes, having become 
 dissatisfied with their residence there, on account of health, 
 and because of management of tribal affairs, began to re- 
 turn, in considerable numbers, to their former home in 
 Iowa, which they considered far better suited for their 
 health, and for their general well being. Those first re- 
 
lO 
 
 turning to Iowa reported to the Governor of that State, 
 supposing him then to be the representative of the United 
 States, and ex-officio Superintendent of Indian Affairs in 
 said State, as was the case when they left it. They soon 
 found that they could lay claim to none of the land on which 
 they formerly resided in Iowa. Their condition — homeless 
 and without means for support, was brought to the attention 
 of the legislature of the State, and that body enacted a law, 
 dated July 15, 1856, permitting the said Indians to reside 
 in the State ; requiring the sheriff of the county in which 
 they were living, to make a census of them ; and requesting 
 the Governor of the State to advise the Secretary of War 
 of the whereabouts of the Indians, and request him to cause 
 their annuities to be paid to them there. The full text of 
 said law may be found in the annual report of the Commis- 
 sioner of Indian Affairs for 189T, page 681. 
 
 Having, as they supposed, adjusted their change of home 
 with the proper representative of the United States, and re- 
 ceived sanction for the change, they immediately began to 
 purchase land whereon to reside. They are now the owners 
 of over 3,000 acres of valuable land in the State of Iowa, 
 purchased with their own means. 
 
 As thorough search as was possible to the Claimant In- 
 dians, not having access to the archives of the Government, 
 has failed to discover that the request upon the Secretary of 
 War, for payment of the annuities of the Indians to them in 
 Iowa, was made by the Governor of that State. The De- 
 partment of the Interior, appears not to have found any 
 record of such request. Though a census of them does not 
 appear to have been made by the sheriff of the county in 
 which they were, the Governor had them enumerated, and 
 their condition investigated, and a report was made to him, 
 as stated by the Secretary of the Interior in letter to the 
 Secretary of the Treasury, dated September 4, 1900. (See 
 H. R. Doc. No. 38, pp, 20, 21.) 
 
II 
 
 In that letter Mr. Secretary Hitchcock informed the Sec- 
 retary of the Treasury that : 
 
 "This census was never taken." 
 
 "Mr. George L. Davenport, under dace of September 12, 
 1862, reported to Governor Kirkwood, of Iowa, by whom 
 he had been appointed to examine into the condition of the 
 Sacs and Foxes then residing in the State, that they num- 
 bered at that time 69 men, 65 women, and 51 children, or 
 a total of 185, who had returned from Kansas Territory 
 eight years ago and brought with them $800 saved out of 
 their annuities for that year. * * * They have not re- 
 ceived any annuities for seven years." 
 
 Yet the Chief of the Oklahoma branch pretends that they 
 returned to Kansas each year and drew their annuities. 
 Further on in this brief will be shown how far short he has 
 come in an attempt, with ample time given him and his 
 counsel for the purpose, to "make good" his allegation. 
 
 Just here we will notice one of many immaterial matters 
 dwelt upon by counsel, as errors, "misleading quotations," 
 etc. 
 
 Counsel, on page 34 of their brief, seek to show that the 
 statement by Claimant Indians, that Indians leaving their 
 reservations and becoming citizens of the United States, 
 could not be deprived of their annuities, under any regula- 
 tions of the Indian Bureau is misleading. The Claimant 
 Indians cited in support of this, two laws which made the ap- 
 plication of such regulations impossible, and which showed 
 the purpose generally of the law-making power on the sub- 
 ject ; one of said laws is the sixth section of the General Al- 
 lotment Act of February 8, 1887. (24 Stat. 390), which, 
 counsel boldly stated : 
 
 "It declares them citizens, but says nothing about annui- 
 ties either directly or indirectly." 
 
 The words of so much of that law as is pertinent are as 
 follows : 
 
12 
 
 ''without in any manner impairing or otherwise affecting 
 the right of any such Indian to tribal or other property." 
 
 The undersigned, having had somewhat to do with the 
 administration of Indian Affairs, has labored under the im- 
 pression that the words "tribal or other property" in that 
 law, included annuities, and all other elements of the tribal 
 estate, in whatever form that estate existed. 
 
 This is a sample of the many errors charged upon the 
 Claimant Indians in the statement of their case in their 
 memorials. We admit no "misleading quotations," or "mis- 
 statement" of facts, in any material matters. The use of 
 the figures, 830, as number of the Oklahoma branch, pointed 
 out by counsel, on page 13, instead of the figures 513, the 
 former number being of the whole tribes, was in no manner 
 misleading; that mistake did not even mislead counsel. It 
 was not of sufficient importance to be noticed by the De- 
 partment, of by the committees of Congress. 
 
 In 1859, a treaty was negotiated with those of the tribes 
 remaining on the reservation in Kansas, whereby they ceded 
 to the United States about 300,000 acres of that reserva- 
 tion. (See annual report of Indian Bureau, for 1859, p. 
 17.) The lands were to be sold to settlers; the proceeds, as 
 stipulated, were to be used for the industrial advancement 
 of the members of the tribes on the diminished resei^vation ; 
 and the debts of the tribes, and of the individuals were to 
 be paid ; these purposes were to be accomplished, even if it 
 should be necessary to use a portion of moneys arising under 
 other treaties. That treaty also contained these stipulations : 
 
 "Article 6. ***** * And, in order to ren- 
 der unnecessary further treaty engagements or arrange- 
 ments hereafter with the United States, it is hereby agreed 
 and stipulated that the President, with the assent of Con- 
 gress, shall have full power to modify or change any of the 
 provisions of former treaties with the Sacs and Foxes of 
 
13 
 
 the Mississippi in such manner and to whatever extent he 
 may judge to be necessary and expedient for their welfare 
 and best interests. 
 
 "Article 7. The Sacs and Foxes of the Mississippi parties 
 to this agreement, are anxious that all the members of their 
 tribe shall participate in the advantages herein provided for 
 respecting their improvement and civilization, and to that 
 end to induce all that are now separated to rejoin and re- 
 unite with them. It is therefore agreed that, as soon as 
 practicable, the Commissioner of Indian Affairs shall cause 
 the necessary proceedings to be adopted to have them noti- 
 fied of this agreement and its advantages and to induce them 
 to come in and unite with their brethren; and to enable 
 them to do so, and to sustain themselves for a reasonable 
 time thereafter, such assistance shall be provided for them 
 at the expense of the tribe as may be actually necessary for 
 that purpose. Provided, hozccvcr, That those who do not 
 rejoin and permanently reunite themselves with the tribe 
 within one year from the date of the ratification of this 
 treaty shall not be entitled to the benefits of any of its stipu- 
 lations." 
 
 (Treaty of 1859. 15 Stat. 467. Kappler, Treaties, 
 p. 796.) 
 
 The said treaty of 1859, was not proclaimed until July 9, 
 i860. 
 
 The forfeiture, by article 7, is limited to benefits arising 
 under that treaty only. No claim has been made under that 
 treaty. 
 
 The Claimant Indians in Iowa have no knowledge of any 
 steps taken by the Commissioner of Indian Affairs to make 
 its provisions known to them. 
 
 The Civil War came on about that time, and weightier 
 matters, than the adjustment of the inter-tribal affairs of 
 Indians, engaged the time and attention of the public offi- 
 cials. The members of the tribes removed to Iowa bided 
 their time. They neither required nor received supervision 
 by any agent of the United States, nor any expense for their 
 
14 
 
 support or management, during those years of trouble in the 
 country. They earned their own support, and waited for 
 more favorable time and opportunity to press their claims 
 for their tribal rights. They received absolutely nothing 
 of the annuities or other moneys appropriated by Congress 
 for fulfilling treaties with the confederated tribes during the 
 period from 1855 to 1866, inclusive. No help in any form 
 was received from the Government during that time. They 
 ask that they be paid their just proportionate shares of their 
 tribal moneys, according to their numbers for said period. 
 
 They do not know the amount realized from the land 
 ceded under the treaty of 1859, nor the disposition made 
 thereof. The land belonged to tlie Indians of confederated 
 tribes of the Sacs and Foxes of the Mississippi. Those in 
 Iowa were not parties to that treaty ; and they have received 
 nothing of the benefits from said proceeds arising from dis- 
 posal of said lands. While they have not made any claim 
 for their shares thereof, they do not desire to be understood 
 as conceding that anything in the treaty of 1859, or in any 
 prior treaties or laws, give any sufiicient or just warrant 
 for depriving them of their righi to share in said moneys, 
 according to their numbers. 
 
 The Civil War having terminated, a treaty was negotiat- 
 ed with the Sacs and Foxes in Kansas, for cession of all of 
 their lands in Kansas, the Indians to remove to another re- 
 servation in the Indian Territory, now a part of the Terri- 
 tory of Oklahoma. When this treaty, concluded in Feb- 
 ruary of 1867, was before the Senate for ratification, the 
 condition of that branch of the tribe in Iowa came up for 
 consideration ; it was amended by the Senate in many par- 
 ticulars. The whole of article 21 was inserted as an amend- 
 ment by the Senate. The treaty provided for cession of all 
 of the lands of the confederated tribes in Kansas to the 
 United States, for payment of certain indebtedness of the 
 tribes from the proceeds of the cession ; payment of re- 
 
15 
 
 moval and other expenses therefrom ; and providing that the 
 balance 
 
 "shall be added to their invested funds, and five per cent, 
 interest paid thereon in the same manner as the interest of 
 their present funds is now paid." (Article 3.) 
 
 As the members of the tribe, residing in Iowa, have here- 
 tofore made claim for their proportionate share of the 
 amount paid by the United States for the land thus ceded, 
 and said claim has been adjusted and paid, under provision 
 of law in the Indian Appropriation Act of June 10, 1896, 
 (29 Stat. 331), it is not necessary to cite from said treaty 
 of 1867 any provisions not required for the present consider- 
 ation. Those considered essential are as follows : 
 
 "Article 8. No part of the invested funds of the tribe 
 or of any moneys w4iich may be due to them under the 
 provisions of previous treaties, nor of any moneys provided 
 to be paid to them by this treaty, shall be used in payment 
 of any claims against the tribe accruing previous to the rati- 
 fication of this treaty unless herein expressly provided for." 
 
 "Article 9. In order to promote the civilization of 
 the tribe, one section of land, convenient to the residence 
 of the agent, shall be selected by said agent, with the 
 approval of the Commissioner of Indian -Affairs, and set 
 apart far a manual-labor school ; and there shall also be set 
 apart, from the money to be paid to the tribe under this 
 treaty, the sum of ten thousand dollars for the erection of 
 the necessary school buildings and dwelling for teacher, and 
 the annual amount of five thousand dollars shall be set apart 
 from the income of their funds after the erection of such 
 school buildings, for the support of the school; and after 
 settlement of the tribe upon their new reservation, the sum 
 of five thousand dollars of the income of their funds may 
 be annually used, under the direction of the chiefs, in the 
 support of their national government, out of which last- 
 mentioned amount the sum of five hundred dollars shall be 
 annually paid to each of the chiefs." 
 
 "Article 10. The United States agree to pay annually, 
 for five years after the removal of the tribe, the sum of 
 
i6 
 
 fifteen hundred dollars for the support of a physician and 
 purchase of medicines, and also the sum of three hundred 
 and fifty dollars annually for the same time, in order that 
 the tribe may provide itself with tobacco and salt." 
 
 "Article 21. The Sacs and Foxes of the Mississippi, par- 
 ties to this agreement, being anxious that all the members of 
 their tribe shall participate in the advantages to be derived 
 from the investment of their national funds, sales of lands, 
 and so forth, it is therefore agreed that, as soon as practi- 
 cable, the Commissioner of Indian Affairs shall cause the 
 necessary proceedings to be adopted, to have such members 
 of the tribe as may be absent notified of this agreement and 
 its advantages, and to induce them to come in and perman- 
 ently unite with their brethren; and that no part of the 
 funds arising from or due the nation under this or previous 
 treaty stipulations shall be paid to any bands or parts of 
 bands who do not permanently reside on the reservation 
 set apart to them by the Government in the Indian Terri- 
 tory, as provided in this treaty, except those residing in the 
 State of Iowa ; and it is further agreed that all money ac- 
 cruing from this or former tribes (treaties) now due or to 
 become said nation, shall be paid them on their reservation 
 in Kansas ; and after their removal, as provided in this 
 treaty, payment shall be made at their agency, on their lands 
 as then located." 
 
 (Treaty of 1867, 15 Stat. 495. Kappler, Treaties, 
 P- 95I-) 
 
 Counsel for the Oklahoma branch (pp. 24 and 27), refer 
 to Article 8, as a bar to the consideration or payment of these 
 claims. That article was enacted to protect the tribal estate 
 against the w^asteful practice of paying claims of traders for 
 supplies furnished to the Indians on credit. The whole series 
 of treaties with the tribes will show that such a pernicious 
 practice prevailed; and this practice was one of the griev- 
 ances of the Foxes of the tribes. These claims are inter- 
 tribal — in the family — and their adjustment and settlement 
 from the funds now to the credit of the Oklahoma branch, 
 are in no sense obnoxious to said article of tlie treaty. That 
 
17 
 
 article, like all provisions of any and all Indian treaties, are, 
 as hereinafter shown, subject to the will of the law-making 
 power of the country especially for doing justice to the 
 Indians concerned. 
 
 Counsel, also, on same page, after citing portion of the 
 provisions of Article 21, of the treaty, against payment of 
 moneys to absent Indians, say : 
 
 "The sole exception herein provided is that the band of 
 Sacs and Foxes in Iowa may receive, in the future, in low^a 
 their share in the mone}'^ due the nation — the annuities." 
 
 The words so emphasized by counsel will not be found in 
 article 21 of the treaty of 1867. 
 
 The provision of the treaty of 1867, in Article 21, pre- 
 sences to the Indians in Iowa, all rights under that "or pre- 
 vioiis treaty stipulations." Under it there is warrant of au- 
 thority for the adjustment of the claims for previous un- 
 equal distribution of the annuities, as much as for securing 
 to the Indians the subsequent apportionment of their due 
 share of the annuities, according to their numbers. 
 
 The various treaties with the confederated tril>es, as cited 
 (supra), so far as they show anything on the subject, clear- 
 ly indicate that the members of the said confederated 
 tribes shall share, not less than in proportion to their num- 
 hers, in the moneys of the tribes. 
 
 The $1,000.00 permanent annuity, provided for in treaty 
 of 1804, is stipulated as "Six hundred of which are intended 
 for the Sacs and four hundred for the Foxes." 
 
 The treaties of 1824 and 1830 treat the two tribes of the 
 confederation on an equality, each to have exactly one-half 
 of the annuities stipulated for therein. The treaty of 1832, 
 provided that an annuity of $20,000.00 for thirty years, 
 to "pay to the said confederated tribes." At least 9 instal- 
 ments of said annuity fell within the period of the First 
 claim under consideration. But the basis of equality is 
 maintained throughout the treaties, so far as any propor- 
 tions of interest are therein indicated. This will be noted 
 
i8 
 
 particularly in connection with the provisions for maintain- 
 ing shops for gunsmith and blacksmith purposes, "one of 
 each to be employed exclusively for the Sacs, and one of 
 each to be employed exclusively for the Foxes. (Article II 
 of treaty of 1842). The treaty of 1842, provides for the 
 payments to "the Sacs and Foxes an interest of five per 
 centum upon the sum of eight hundred thousand dollars." 
 The treaty of 1837 stipulates for the investment of $200,- 
 000.00, "and to guarantee to the Indians, an annual income 
 of not less than five per cent, the said interest to be paid to 
 them each year, in the manner annuities are paid." In the 
 treaty of 1867. the stipulation is "to pay to the Sac and Fox 
 Indians." 
 
 The reference by counsel for the Oklahoma branch, to 
 treaties of 1804, 1837, and 1842, and saying, in quotations; 
 that those treaties : "make the annuities payable to the tribe 
 — the Sac and Fox Indians of the MississippiTis not sus- 
 tained by the treaties themselves.*^ The foregoing shows 
 clearly that there is no warrant for the statement made, or 
 for the inference intended. We contend that the moneys ap- 
 propriated by Congress for fulfilling the treaties with the 
 tribes, were, and are meant by the treaties, and by the laws 
 of Congress, for the Indians belonging to the confederated 
 tribes, and not to a portion only thereof. 
 
 The Indians in Iowa, being Foxes, have not contended for 
 an equal division of the annuities between the Sacs and the 
 Foxes ; but for the per capita shares of the members of each 
 branch of the tribes, according to the numbers thereof, as 
 shown by the annual enrollments. 
 
 THE LAWS FOR PAYMENT TO THE SACS AND 
 FOXES IN IOWA, THEIR PROPORTION OF 
 ANNUITES ACCORDING TO THEIR NUM- 
 BERS. 
 
 In consequence of the amendments made by the Senate 
 to said treaty of 1867, it had to go back to the Indians, for 
 
19 
 
 consent thereto, and it was, therefore, not finally ratified, and 
 proclaimed until October 14, 1868. In the meantime', the 
 situation and condition of the members of the tribe in Iowa 
 having been under consideration by Congress, that body 
 enacted the following provision of law, to stop further in- 
 justice to that branch of the tribe : 
 
 "That the band of Sacs and Foxes of the Mississippi, now 
 m Tamar (Tama) County, Iowa, shall be paid pro rata ac- 
 cordmg to their numbers of the annuities, as long as they 
 are peaceful and have the assent of the government of Iowa 
 to reside in that State." 
 
 (Indian Appropriation Act of March 2. 1867 ia. 
 Stat. 507.) 
 
 This law and the treaty of 1867 apply to and include all 
 "nozv" in Iowa. 
 
 The Indians have remained peaceful ; and the assent given 
 by the legislature of Iowa for them to reside in that State 
 has never been withdrawn. 
 
 As compliance with the law of 1867. and beginning with 
 that year, the members of the tribe of Sacs and Foxes of 
 the Mississippi, residing in Iowa were apportioned from the 
 annual sum of $51,000.00 appropriated for the tribal annui- 
 ties, the amount of $11,174.66. The remainder was ap- 
 portioned to the members of the tribe then in Kansas, sub- 
 sequently removed to Oklahoma, $39,825.34. 
 
 Those in Iowa contended that the apportionment made to 
 them was not "according to their numbers," as required by 
 the law. The Department would not regard their com- 
 plaint, but insisted that they accept the amount apportioned 
 to them ; they finally refused to accept said amount, protest- 
 ing that it was not their pro rata share, according to their 
 numbers; they persisted in their refusal of acceptance 
 against all urging and persuading, notwithstanding they 
 were sorely in need of the money wherewith to buy food, 
 clothing, etc., for their suffering families. This situation 
 
20 
 
 continued for some years. The Interior Department find- 
 ing itself unable to compel the Indians to accept the amount 
 it had apportioned to them, soug^ht legislative assistance for 
 that purpose, and Congress, relying upon the representations 
 made to the committees on the subject, enacted the following 
 provision of law. 
 
 "That hereafter the Sacs and Foxes of Iowa, shall have 
 apportioned to them, from the appropriations for fulfilling 
 the stipulations of said treaties, no greater sum thereof than 
 that heretofore set apart for them." 
 
 (Indian Appropriation Act of May 17, 1882, 22 
 Stat. 78.) 
 
 The combined efforts of both branches of the Government 
 failed to bring the Indians in Iowa to accept the amount ap- 
 portioned to them. They endured hunger and suffering, 
 and heroically faced starvation and death rather than sub- 
 mit to what they knew to be injustice. In the midst of it 
 all, no cry of Indian depredations or disturbances came from 
 the good people of the State of Iowa among whom they re- 
 side. 
 
 Thus matters stood, until in 1S84, when both branches of 
 the confederated tribes, by delegations, made their represen- 
 tations to the proper committees of the two Houses of Con- 
 gress. The hearings had, resulted in the enactment of the 
 following provision of law : 
 
 "That hereafter the Sacs and Foxes of Iowa shall have ap- 
 portioned to them, from the appropriations for fulfilling 
 the stipulations of said treaties, their per capita proportion 
 of the amount appropriated in this act, subject to provisions 
 of treaties with said tribes ; but this shall apply only to the 
 Sacs and Foxes now in Iowa : And provided further, That 
 this shall apply only to original Sacs and Foxes now in Iowa 
 to be ascertained by the Secretary of the Interior." 
 
 (Indian Appropriation Act of July 4, 1884, 23 Stat. 
 850 
 
21 
 
 The law of May 31, 1900, directing- payment to the prin- 
 cipal chief in Iowa is as follows: 
 
 "That the Secretary of the Interior is directed to pay to 
 Push-e-ten-neke-que, head chief of the Sac and Fox of the 
 Mississippi Indians in the State of Iowa, five hundred dol- 
 lars per annum during the remainder of his natural life, be- 
 ginning with and including the fiscal year nineteen hundred, 
 in accordance with the terms of article four of the treaty 
 proclaimed March twenty-third, eighteen hundred and 
 forty-three. (31 Stat. 245; Kappler, Laws, 701.) 
 
 The various efforts made by the law making power to 
 secure the Claimant Indians in their treaty rights are : 
 
 1. The provisions of Article 21 of the treaty of 1867, 
 incorporated therein by the Senate, as an amendment, and 
 the treaty sent back to the Indians for consent thereto. 
 
 2. The provisions of the law of 1867. This being in line 
 with the stipulation in Article 21 of the treaty of 1867. 
 
 3. The provision of the law of 1882, designed as aid to 
 compel them to accept what they insisted was an unjust ap- 
 portionment of the annuities. 
 
 4. The provisions of the law of 1884, to correct the in- 
 justice. 
 
 5. The provisions of the law of 1895, to investigate the 
 claims and report thereon to Congress. 
 
 6. The provision of the law of 1900, restoring to the 
 chief in Iowa his annuity. 
 
 Each and all of these laws had one and the same end in 
 view. That end was to secure to the Claimant Indians their 
 just rights under the treaties. They are laws in pari materia, 
 and must be construed together to arrive at the legislative 
 inlent. That intent was to secure to the Claimant Indians 
 their full treaty rights ; not the reverse, as contended for by 
 counsel, (pp. 48, 49.) 
 
 The rules of interpretation laid down by the Supreme 
 Court are as follows: 
 
 "The correct rule of interpretation is, that if divers stat- 
 
22 
 
 utes relate to the same thing, they ought all to be taken 
 into consideration in construing any one of them, and it 
 is an established rule of law, that all acts "m pari materia are 
 to be taken together, as if they were one law." 
 
 "When it can be gathered from a subsequent statute in 
 pari materia, what meaning the legislature attached to the 
 words of a former statute, they will amount to a legislative 
 declaration of its meaning, and will govern the construction 
 of the first statute." (Citation omitted.) 
 
 "Whenever any words of a statute are doubtful or ob- 
 scure, the intention of the legislature is to be resorted to, in 
 order to find the meaning of the words." (Citation omitted.) 
 
 "A thing which is within the intention of the makers oi 
 the statute, is as much within the statute, as if it were with- 
 in the letter." (Citation omitted.) 
 
 United States vs. Freeman, 44 U. S., (3 Howard, 
 564.) 
 
 The clear intent of all of the laws on the subject is that 
 the Sac and Fox Indians in Iowa shall have all of their 
 treaty rights. That Department action denying their rights 
 was clearly disapproved. The law of 1884, was for the un- 
 doing of any injustice done by the law of 1882. It had 
 been alleged to be unjust. It was found, by the proceedings 
 under the law of 1884, to be unjust. Why should not the 
 injustice be made good? 
 
 It seems unnecessai-y to consume time and space in citing 
 authorities to support the contention that Congress, by the 
 Act of 1884, intended to disapprove whatever practice, or 
 acts of the executive department that did injustice to the 
 Indians of Iowa, and to which it had unwittingly given sanc- 
 tion by the act of 1882. The purpose of the law of i88^is 
 too apparent for doubt. 
 
 Those members of the tribes in Oklahoma contended that 
 some of the people in Iowa were not of Sac and Fox blood, 
 but were members of the Pottawatomie, Winnebago, Chip- 
 pewa, and other tribes settled among them ; they also desired 
 
23 
 
 that no encouragement be given for any more of the tribe 
 going to Iowa ; hence the conditions of the provisions of said 
 law. 
 
 The Department of the Interior had a census taken of the 
 members of the tribe in Iowa, as compHance with the law 
 of 1884; a delegation from the Oklahoma branch of the 
 tribes was present, closely watched the progress of the work, 
 and challenged every Indian applying for enrollment whom 
 they suspected as not being of Sac and Fox blood. The 
 Sacs and Foxes in Oklahoma knew what was meant by the 
 words : "Original Sacs and Foxes now in Iowa," and they 
 saw to it that only such were enrolled. 
 
 The Commissioner of Indian Affairs reports on the mat- 
 ter as follows : 
 
 'T am glad to be able to report that the cause for dissatis- 
 faction which has existed for several years between the 
 branch of the Sac and Fox Indians residing in Iowa and 
 the branch residing in the Indian Territory as to the correct 
 division of their annuity moneys between the two bands 
 has been finally removed, to the' satisfaction of all. Under 
 the provisions of the last two acts making appropriations 
 for the yearly interest due to them it was necessary to ascer- 
 tain who the original Sac and Fox Indians were, at both 
 points, and to divide their moneys accordingly. As this was 
 a matter of great pecuniary interest to these people, ever}' 
 possible care was exercised to obtain a correct census. Each 
 band was notified in time, and allowed to be represented by 
 a delegation of its headmen, accompanied by their attorney, 
 at the taking of the census of the other band and by this 
 means, and by a careful scrutiny of the returns in this office, 
 a true census and a fair and honest division of the interest 
 of each band in their general tribal funds, was obtained, to 
 which both bands assent." 
 
 (Annual report, Com'r. Indian Affairs, 1885, PP- 
 XLIII and XLIV.) 
 
 The enrollment thus made showed that there were in 
 Iowa, 317 members of the tribes, each and all being of Sac 
 
24 
 
 and Fox Indian blood. The enrollment of those in Okla- 
 homa showed that they numbered only 513. 
 
 (See Senate Mis. Doc. No. 48, p. 26.) 
 (See Senate Doc. No. 167, p. 6.) 
 
 The labored effort of counsel for the Oklahoma branch 
 (pp. 44 to 49), to limit the treaty of 1867, and subsequent 
 laws to only the Sacs and Foxes in Iowa in 1856, does not 
 merit consideration. It only shows to what refinement of 
 technicalities they feel compelled to resort. Congress, in the 
 bill H. R. 1 01 33, indicated its own interpretation of the law 
 and treaty provisions. 
 
 The apportionments made between 1867 and 1884, both 
 inclusive, appear, so far as can be ascertained, to have been 
 made on the basis of 264 for those in Iowa, and 705 for 
 those in Oklahoma. These figures are arrived at by calcu- 
 lations based on the amounts apportioned to the two branch- 
 es of the tribe. If correct, and the Indian Bureau records 
 will show more certainly, the census made under the law of 
 1884 showed that there were 53 more in Iowa, all of Sac 
 and Fox blood and 192 less in Oklahoma. Nothing further 
 was then necessary to establish the absolute justice of the 
 complaint of the Iowa branch of the tribes, as to the injus- 
 tice of the apportionments made to them from 1867, to 1884, 
 inclusive. 
 
 From and including 1885, much larger sums were appor- 
 tioned to the Iowa branch, as their just shares of the annui- 
 ties. But the errors of the previous years were never 
 corrected. Nor have the apportionments for the years since 
 1885, been made in accordance with the numbers of the 
 respective branches of the tribes. Those in Iowa have in- 
 creased annually since 1885, until in 1899 they are shown 
 to have numbered 395, while those in Oklahoma have not 
 shown such increase. 
 
 (See Treasury report, H. R. No. 38, pp. 8-19.) 
 
25 
 
 LAWS AND REGULATIONS FOR THE PAY- 
 MENT OF ANNUITIES TO INDIANS. 
 
 Counsel for the Oklahoma branch contend that the pay- 
 ment of these claims, covering period prior to 1867, "would 
 be a violation of regulations and established custom of the 
 Interior Department," (p. 29.) ; to make it appear that the 
 Commissioner of Indian Affairs had and has the right to 
 dispose of the annuities of the tribes as he may see fit ; that 
 he can make and execute regulations that will deprive the 
 members of about one-half of a tribe of all rights in tribal 
 annuities and other moneys, and give their money to other 
 members of said tribe. 
 
 The laws regulating the payment of annuities to Indians 
 are as follows : 
 
 The act of June 30. 1834, entitled "An act to provide for 
 the organization of the Department of Indian Affairs," pro- 
 vides : 
 
 Sec. II. And be it further enacted. That the payment 
 of all annuities or other sums stipulated by treaties to be 
 made to any Indian tribe shall be made to the chiefs of such 
 tribe, or to such person as said tribe shall appoint ; or if any 
 tribe shall appropriate their annuities to the purpose of 
 education, or to any other specific use, then to such person 
 or persons as such tribe shall designate. (4 Stat. L., y^y.) 
 
 The foregoing remained the law and regulation on the 
 subject until the act of March 3, 1847, which provides: 
 
 Sec. 3. Ajid be it further enacted. That the eleventh sec- 
 tion of the "Act to provide for the better organization of the 
 Department of Indian Affairs," approved June thirtieth, 
 eighteen hundred and thirty-four, be, and the same is hereby, 
 so amended as to provide that all annuities or other moneys, 
 and all goods, stipulated by treaty to be paid or furnished 
 to any Indian tribe, shall, at the discretion of the President 
 or the Secretary of War, instead of being paid over to the 
 chiefs, or to such persons as they shall designate, be divided 
 and paid over to the heads of families and other individuals 
 
26 
 
 entitled to participate therein, or, with the consent of the 
 tril)e, be appHed to such purposes as will best promote the 
 happiness and prosperity of the members thereof, under such 
 reg-ulations as shall be prescribed by the Secretary of War, 
 not inconsistent with existing treaty stipulations. (9 Stat. 
 L., 203.) 
 
 The next provision of law on the subject is found in the 
 act of August 30, 1852. wherein the following is contained: 
 
 Sec. 3. And be if further enacted. That no part of the 
 appropriations herein made, or that may be hereafter made, 
 for the benefit of any Indian or tribe, or part of a tribe of In- 
 dians, shall be paid to any attorney or agent of such Indian, 
 or tribe, or part of a tribe ; but shall in every case be paid 
 directly to the Indian or Indians themselves to whom it 
 shall be due, or to the tribe or part of a tribe per capita, 
 unless the imperious interest of the Indian or Indians, or 
 some treaty stipulation, shall require the payment to be 
 made otherwise, under the direction of the President. 
 
 Neither statutory inhibition nor treaty stipulation existed 
 against the payment of annuities to these Indians. This was 
 the law for the period from 1852 to 1876, and covers the 
 period involved in the first claim. 
 
 The next provision of law on the subject is found in the 
 act of August 15. 1876, as follows: 
 
 Sec. 2. That no supplies or annuit}^ goods, for which 
 appropriation is made in this act. shall be issued to any band 
 or tribe of Indians while the same may be engaged in hostili- 
 ties against the United States or in depredations upon set- 
 tlers; nor shall any sum of money appropriated by this act 
 for any tribe of Indians for whom a reservation or territory 
 shall have been made be paid to them or expended for their 
 benefit unless such tribe and the warriors thereof shall re- 
 main peaceably within the territory assigned to them, unless 
 absent by the consent of the agent. (19 Stat. L.. 199.) 
 
 More than nine years prior to the enactment of the last 
 quoted provision of law the Sacs and Foxes of the Mississ- 
 ippi in Iowa had received the sanction of Congress to remain 
 
27 
 
 in that State, and they had received the sanction of the 
 State to reside there twenty years before. 
 
 The regulations of the Indian Department governing the 
 payment of annuities to tribes are, as a rule, based upon the 
 laws of Congress on the subject. No regulation has come 
 under our notice in the examination of this matter that is in 
 conflict with the law of August 30, 1852, and it is presumed 
 that there are no such regulations in existence and that 
 none so existed from 1853 to 1867. 
 
 The existing regulation of the Indian Office for the pay- 
 ment of annuities is as follows : 
 
 154. Annuity funds, except where otherwise clearly indi- 
 cated by treaty stipulations, must be divided and paid to 
 the individual members of the tribe entitled to participate 
 therein in equal shares per capita, heads of families receipt- 
 ing for the amount due them, their wives, and the minor 
 members of their families. * * * 
 
 (See Reg. Ind. Office, 1894.) 
 
 The executive departments of the government are not 
 laws unto themselves; they are the means for the execu- 
 tion of laws made by the law-making power of the land. 
 When an executive department is empowered to make regu- 
 lations for the execution of laws, those regulations, in so 
 far as they transgress the laws, or exceed the powers for the 
 making thereof, are of no validity or force. 
 
 "The phrase "a regulation of an executive department" 
 in an act of Congress should be understood as meaning gen- 
 eral rules relating to the subject upon which a department 
 acts, made by the head of a department under some act of 
 Congress conferring power to make such regulations, and 
 thereby giving to them the force of law. It does not include 
 a mere order of the President or of a Secretary." 
 
 (Harvey's case, 3 Ct. of Cls. 42.) 
 
 Am. & Eng. Enc. of Law, 2d ed. vol. 24, pp. 264-7.) 
 
 There is no such sanctity in executive regulations as to 
 prevent justice. "Justitia fiat coelum ruat." 
 
28 
 
 When appropriations are made by Congress for fulfilling 
 treaty stipulations with the various Indian tribes, the execu- 
 tive department of the Government is not clothed with any 
 such power as gives it warrant for depriving about one- 
 half of the members of a tribe of their share in the annuities 
 of the tribe, and giving their money to the other half of the 
 tribe, any more than to give it to people of some other na- 
 tionality. 
 
 The Committee of Indian Affairs of the House of Repre- 
 sentatives considered the question whether an Executive 
 Department of the Government had the right or power to 
 declare a forfeiture of the annuities of the Sac and Fox In- 
 dians in Iowa, for the period from 1855 ^o 1866, inclusive, 
 and concluded that it had not, citing a decision of the Su- 
 preme Court in support of its holding on that point, and 
 against "Executive" forfeiture. It also stated that it had 
 failed to find any declaration of forfeiture by the judicial or 
 the legislative department of the Government. (See p. 7, 
 H. R. Rept. No. 3022.) 
 
 (The New York Indians vs. The United States, 170 
 U. S., 25.) 
 
 The only other instance within the knowledge of the 
 counsel for the Claimant Indians, and he professes some 
 knowledge of the history of Indian Affairs, where the at- 
 tempt was made to deprive a large portion of an Indian tribe 
 of its annuities, in the absence of some treaty provision or 
 law warranting such action, was the case of the stray bands 
 of Pottawatomies and Winnebagoes, in Wisconsin. The 
 main body of the tribe of Winnebagoes were in Nebraska, 
 Those in Wisconsin went to the reservation in Nebraska 
 under military escort, but left it in a few weeks, and re- 
 turned to Wisconsin, where they remained as wanderers. 
 An appeal was made to the Secretary of the Interior for the 
 payment of their annuities there. The Secretary decided 
 that the annuities would only be paid to Indians on the Ne- 
 
29 
 
 braska reservation. His decision was dated September 17, 
 1863. The full text of the decision will be found set out on 
 page 25, of the report of the Secretary of the Interior. 
 (Senate Doc. No. 167.) 
 
 The matter was considered by Congress, and the act of 
 June 25, 1864. (13 Stat. 172). was enacted, requiring that 
 the money of said Indians be kept in the Treasury to their 
 credit, subject to future action. The full text of the law will 
 be found set out in the report. (H. R. Rept. No. 3022, p. 5.) 
 There was failure on the part of the Department of the In- 
 terior to observe that law; notwithstanding it, the money 
 was all paid out to those Winnebagoes who were on the re- 
 servation in Nebraska. When this situation was brought to 
 the attention of Congress, on behalf of the Wisconsin Win- 
 nebagoes, Congress, by the Act of January 18, 1881, (21 
 Stat. 315), required the money so paid out, belonging to the 
 Wisconsin Winnebagoes to be recouped from the annuities 
 appropriated for the tribe, and that it be paid to the rightful 
 Indians entitled to it. 
 
 The case cited was one department action — not a custom 
 or practice. The legislative action, following immediately 
 after the department decision, disapproved the same. The 
 former improperly disposed of the annuities of the Indians 
 in Wisconsin, whose whereabouts were known to the de- 
 partment. The latter directed that the moneys of the absent 
 Indians be held to their credit in the Treasury, subject to 
 future action. Which was the better practice? Which is 
 the higher authority? Which should govern the Depart- 
 ment? 
 
 The treaty of 1859, with the Winnebagoes, had as its 
 Article V, the same words exactly as are contained in Article 
 7 of the treaty of 1859, with the Sacs and Foxes. (See 12 
 Stat. 1 1 03). Yet Congress, by the Act of June 25, 1864, 
 and January 18. 1881, as hereinafter shown, required that 
 the annuities withheld from them be recovered and paid to 
 
30 
 
 them. Congress simply followed the policy laid down in 
 previous laws, in the provisions of the bill, H. R. 10133, 
 passed to adjust the claims and causes of complaint in this 
 case. 
 
 It took years to recoup sufficient money to pay the Wiscon- 
 sin Winnebagoes, under the law for the purpose, but it was 
 finally accomplished, and the country has heard nothing of 
 wrong to the Winnebagoes in Nebraska in the doing of it. 
 If it was right for the Winnebagoes, why is it not right for 
 the Sacs and Foxes? If Congress could, by legislation, so 
 carefully considered as in that case, do justice to the Winne- 
 bagoes, why can it not accomplish at least a measure of 
 justice for the Sacs and Foxes, in the legislation passed by 
 it for that purpose? 
 
 It will not do credit to the intelligence of the officer 
 charged with making the investigation in this case, to en- 
 cumber this brief with any further consideration of the 
 preliminary point that the Commissioner of Indian Affairs 
 has power to make even a regulation that will divert the 
 money of Indians for any purpose, or in any direction, not 
 strictly warranted by some law or treaty provision. 
 
 ANSWER TO THE PROTEST OF THE SAC AND 
 FOX INDIANS IN OKLAHOMA. 
 
 The protest made by the Oklahoma branch of the tribes, 
 and submitted for them to the Congress by the Secretary of 
 the Interior, will not be ignored. It served to stay the hand 
 of the President from signing his approval to the bill, H.R. 
 1 01 33, enacted by Congress, after the long and thorough 
 investigation and consideration of the matter by the com- 
 mittees thereof. 
 
 The Sac and Fox Indians of Oklahoma, having full 
 knowledge of the prosecution of these claims before Con- 
 gress, took no steps to represent their side of the matter, 
 until the investigation of the case had been completed by 
 
31 
 
 the Committees ; they had left their interest to be looked 
 after by the Department of the Interior, as they had been 
 advised that it was abundantly able to do, and that they 
 need not employ an attorney. They seemed not to be satis- 
 fied with what had been done for them. Their protest was 
 submitted to Congress. The Commissioner of Indian Af- 
 fairs reported that he considered their request for a hearing, 
 before final action on the bill, H. R. 10133, a reasonable 
 one; and he called attention to a report made by his office 
 on February 3, 1904, on a previous bill, S. 3459, 58th Con- 
 gress, second session, wherein it was recommended that the 
 Oklahoma branch of the tribes be given an opportunity to 
 prepare and present protest against the proposed legislation. 
 The Secretary of the Interior concurred in the recommen- 
 dation. They had delay from 1900 to 1904. By protest 
 made in 1903, they secured delay from 1904, to 1906, with- 
 out availing themselves of the opportunity to present their 
 side of the case. In their latest protest they seek to make 
 it appear that they had no knowledge of the fact that the 
 matter was under consideration before the Committees of 
 Congress. They did have full knowledge of the proceed- 
 ings before the Committees of Congress. They made a 
 statement of their side of the case, through United States 
 Indian Agent, Ross Guffin, on February 17, 1903, ad- 
 dressed to Hon. F. M. Cockrell, U. S. Senate, who referred 
 it to the Committee of Indian Affairs of the Senate, and a 
 reply was made thereto by the Sac and Fox Indians in 
 Iowa, a copy of which was furnished to the Honorable 
 Commissioner of Indian Affairs, with letter of July 31, 
 1903, from R. V, Belt, their counsel, with request that the 
 same be served upon the Oklahoma branch of the tribes. 
 They are usually well informed upon what goes on in Con- 
 gress concerning them, and as bills, documents, resolutions, 
 and reports have been printed as part of Congressional pro- 
 ceedings in the matter, their suggestion of want of knowl- 
 
32 
 
 edge of such proceedings are worthy of no consideration 
 whatever. 
 
 They next allege in their protest that, 
 The Statements contained in the report, (Lacey Report, 
 H. R. No. 3022). are not true. i 
 
 /That the Iowa branch . . . received all the annui- 
 ties to wliich they were entitled up to the year 1867, and 
 that therefore there is nothing due them on the first claim 
 1 hey msist that the Indians in Iowa returned to Kansas for 
 tneir annuities, with one exception, up to the year 1867 
 when they were separated from this tribe and received 
 their annuities in Iowa." 
 
 That is an allegation easily made ; it is one that might 
 well cause hesitation by those not well informed on the 
 matter, until the facts are presented. It is contended for 
 and by the Iowa branch of the tribes that they have received 
 nothing, in money or expenditures for their benefit, of the 
 appropriations made by Congress for fulfilling treaty stipu- 
 lations with the tribes, during the period from 1855 to 
 1866, inclusive; that they did not go to Kansas for annui- 
 ties; were not enrolled there or elsewhere for annuity pay- 
 ments, and received no such payments in Kansas or else- 
 where, for that period. The protestants have had since 
 June 29, 1906, to "make good" their allegations. What 
 have they attempted to show that was not already in the 
 record before the Committees of Congress? Only that one 
 Indian from Iowa appeared in Oklahoma in 1872, and 
 drew his money at an annuity payment of that year. (pp. 
 70, 71) Whether this be true or not, the records of the 
 Indian Office will show. If it should be found true, the 
 showing is somewhat like the little boy traversing a dark 
 and lonely road, asserted when he reached home: "that a 
 thousand dogs were after him." When he was pressed 
 more closely for facts, finally confessed that "he heard one 
 dog bark." If any of the names of the Iowa branch can be 
 
33 
 
 pointed out as on any annuity roll, and as receiving- any 
 payment of annuities, during that period, in Kansas, or 
 elsewhere, the claim should be reduced to the extent of such 
 payments shown. But the reduction should be from the 
 whole amount found due claimant Indians, and not from 
 the half which the vetoed bill proposed to allow. 
 
 Allegations by one branch denied by the other, do not 
 help to the solution of the matter. The records are ap- 
 pealed to as proof of the contention of the Iowa branch of 
 the tribes. They are the best evidence that can now be pro- 
 duced as to what was done with the money comprising the 
 annuities, and who got the benefit thereof. 
 
 When the prosecution of these claims was first begun the 
 counsel for the Iowa branch wrote to the Commissioner of 
 Indian Affairs asking whether any portion of the annuities 
 had been paid to those members of the tribes in Iowa, prior 
 to 1867. In the reply made by Hon. D. M. Browning, Com- 
 missioner of Indian Affairs, dated November 20, 1894, he 
 said, 
 
 "In reply to this interrogatory, I have to state that the 
 records of this office fail to show that any annuities were 
 
 paid to the Sacs and Foxes in Iowa prior to 1867 
 
 From 1852 to 1867 the records of this office fail to disclose 
 the fact that any expenditures were made for the Sacs and 
 Foxes in Iowa." 
 
 (See Senate Mis. Doc. No. 48, 53d. Congress, 3d, 
 sess. p. II.) 
 
 In the adverse report made on these claims to the Con- 
 gress, by the Honorable Secretary of the Interior, the appeal 
 from which is now being prosecuted, he makes this statement 
 of facts : 
 
 "In their first claim they ask for annuities from i8q^ to 
 1867. ^-^ 
 
 "The evidence presented by the memorialists and the rec- 
 ords show that no part of this band reached Iowa on their 
 return until about the winter of 1854 and 1855. 
 
34 
 
 "The records show further that the pioneers of the band 
 received their last annuities with the reservation Indians at 
 the agency in Kansas in the latter part of 1854. 
 
 ''These were not upon the reservation after that date. 
 They had abandoned it, and, so far as the records or evidence 
 shows, never claimed, during the years named, any annui- 
 ties that were paid out to the Sacs and Foxes upon the said 
 reservation. * * ******* *." 
 
 "Other small parties following in each of the years from 
 1862 to 1866, inclusive. * * * * *" 
 
 "It is doubtless a fact also that these later migrants, as 
 did the pioneers of this band, received their annuities and 
 all other treaty benefits up to the dates of their departure 
 from the reservation." 
 
 (See Senate Doc. No. 167, 54th Congress, ist ses. 
 PP- 5-7-) 
 The foregoing ought to be sufficient to establish the con- 
 tention of the Iowa branch of the tribes. Further proof 
 is found in their support in the report made by the Honor- 
 able Secretary of the Treasury, responding to the resolution 
 of the House of Representatives, for the detailed facts of the 
 disbursements of the annuities, from the original accounts of 
 the disbursements made thereof. That report shows that the 
 whole of the amounts appropriated by Congress for fulfill- 
 ing the treaty stipulations with the tribes, during the period 
 from 1855, to 1866, inclusive, was paid to or expended for 
 the branch of the tribes in Oklahoma, then residing in Kan- 
 sas ; it gives the number of the Indians participating in the 
 cash payments of the annuities for that period; there is 
 nothing in that report showing or indicating that any of 
 that branch of the tribes then residing in Iowa participated 
 in said annuity payments, or the annuity moneys. 
 
 (See H. R. Doc. No. 38, 57th Congress, ist ses. 
 pp. 2-7.) 
 
 See also above citation from report of Secretary of the 
 Interior on subject. 
 
35 
 
 Such conclusive evidence is sufficient to refute all allega- 
 tions made to the contrary by the Oklahoma branch of the 
 tribes, in support of which they have submitted nothing 
 worthy of consideration. If the records of the Indian Bu- 
 reau throw any light on the subject, the report to be made 
 will show it. 
 
 They next allege in their protest that, 
 "there are not the number of Sauk and Fox Indians with the 
 Iowa tribe that is claimed there are; that a large number 
 which they claim are Sauk and Fok Indians are in fact mem- 
 bers of other tribes, being renegades of the Winnebagoe, 
 Omaha, Sioux, Chippewa, and other tribes, and that these 
 were enrolled with the Iowa branch, and they now hold that 
 these are members of the Sauk and Fox tribe." 
 
 That allegation is a part of their stock in trade; they 
 made it in 1884, before the Committees of the Congress, 
 and in the law of that year, (supra), requiring payment 
 annually to the Iowa branch of the tribes, "their per capita 
 proportion" of the annuities, they secured incorporation 
 of the provision : 
 
 "That this shall apply only to original Sacs and Foxes 
 now m Iowa to be ascertained bv the Secretary of the In- 
 terior." 
 
 The meaning of that law and the action taken under it 
 have been hereinbefore sufficiently discussed and it has been 
 shown that only Indians of the Sac and Fox blood were en- 
 rolled ; the enrollment then made was satisfactory to the Ok- 
 lahoma branch ; that proceeding should have forever closed 
 their mouths against any such base allegation as is made 
 in that protest, and elsewhere, against their brethren in 
 Iowa. 
 
 They next allege in their protest that the principal chief 
 of the Foxes remained and died in Oklahoma. It seems un- 
 necessary to follow that statement further, since the present 
 chief of the Foxes asserts that he is the rightful princi- 
 
36 
 
 pal chief of that tribe; he succeeded to the position in 
 1 88 1. Since these claims have been in course of prosecution, 
 his claim to the position has been recognized both by Con- 
 gress and the Department of the Interior, after full con- 
 sideration thereof, and payment to him of the annuity pro- 
 vided by the treaty of 1842 for the principal chief of the 
 Foxes was resumed under provision of the Indian Appro- 
 priation Act of May 31, 1900, (31 Stat. 245.) He insists 
 on the payments of all installments of the treaty annuity, 
 withheld from 1855 to 1889, inclusive. 
 
 They state that 
 
 "The last principal chief of the Iowa Foxes died here in 
 Oklahoma in 1890; that his name was Che-ko-shuk." 
 
 Answer will be made to this further on when considering 
 what counsel for the Oklahoma branch says on the same 
 subject. 
 
 They next allege in their protest, refering to the report 
 of the Treasury Department, (H. R. Doc. No. 38), 
 
 "I have to call attention to page 8 of said pamphlet. In 
 the fourth quarter, 1869, there were 730 Indians enrolled 
 with the Oklahoma branch. This about the time the Okla- 
 homa branch removed from Kansas to Oklahoma. It is 
 claimed that the 730 enrolled in the fourth quarter, 1869, 
 included all the Indians of both branches, and that the 477 
 enrolled during the second quarter, 1870, included only those 
 who had removed to Oklahoma and were paid at this agency 
 at that time. It is probable that this statement is true, since 
 it is improbable that 253 Indians could have died in about 
 six months. Of this number, however, almost 100 remain- 
 ed behind in Kansas. These did not reunite with the Okla- 
 homa branch until the second quarter, 1887, seventeen years 
 afterwards, when 90 Indians are enrolled with the statement 
 that they are Mokohoko's band. These Indians (I do not 
 know the original number) received no annuities for the 
 seventeen years they remained in Kansas, and have not 
 been included in the number of Indians enrolled on any 
 voucher during the years intervening. Consequently the 
 
37 
 
 average number of Indians enrolled with the Oklahoma 
 branch, which is given as 506 1-2 (p. 13 of the report of 
 Mr. Lacey — H. Rept. No. 3022, 59th Cong., ist ses.), is in 
 error. The average number of the Kansas-Oklahoma branch 
 would probably be something over 550 had the Mokohoko 
 band, which was in Kansas and whose numbers received no 
 annuity, been included on the rolls." 
 
 This whole allegation or statement is absurd. Some al- 
 lowance might be made for it from the Indians; but how 
 shall it be characterized when it said by the officer of the 
 Government in charge of them, "It is probable that this 
 statement is true?" That is what Superintendent Kohlen- 
 berg says of it, in submitting the protest. He ought to have 
 known, that from 1867 onward, the Iowa branch of the 
 tribes has been under charge of an agent of the Govern- 
 ment ; that he has had supervision of them ; that he has en- 
 rolled them ; that he has paid to and expended for them such 
 portion of the annuities as have been allowed to them since 
 1867; that he has filed vouchers showing such disburse- 
 ments ; and that the evidence of such facts were plainly be- 
 fore Superintendent Kohlenberg, in the report of the Treas- 
 ary Department, printed in H. R. Doc. No. 38, pp. 17-19, 
 Exhibit C., from which he cited his alleged facts. It cannot 
 be possible that he believed that the Iowa branch of the 
 tribes could, in the manner indicated by him, secure pay- 
 ments of annuities at both agencies, without detection by the 
 Indian Bureau, or the Treasury Department, in the exami- 
 nation of the disbursement vouchers, or otherwise. By such 
 groundless statements the just claims under consideration 
 have been sought to be beclouded, and the legislation for 
 their adjustment delayed, and. if possible, prevented. 
 
 However, the Iowa branch thank their brethren in Okla- 
 homa for calling attention to the reduction of enrollment, 
 from 730, in 1869, to 477, in 1870. The larger enrollment 
 has never been reached since 1869. When the Indians re- 
 moved from Kansas to Oklahoma, Mokohoko and his band 
 
did not go; they remained away from the Oklahoma reser- 
 vation until 1887, about 17 years; when they rejoined those 
 in Oklahoma, they numbered 90 souls, making the number 
 in Oklahoma 528. That branch of the tribe has not main- 
 tained much, if any numerical increase, since 1887. Super- 
 intendent Kohlenberg reported their number, in 1904, as 
 491. (See Indian Office annual report, 1904, p. 308.) The 
 difference in numbers, between 730 in 1869, and the 477 and 
 Mo-Ko-Ho-Ko's 90. in 1870, has never been accounted for. 
 what became of the 163 unaccounted for? The Oklahoma 
 branch had better solve that problem for themselves. Had 
 they imposed on their agent, prior to 1870, and secured the 
 "padding" of the roll, in order to further deprive their breth- 
 ren in Iowa of their proportionate shares of the annuities, 
 according to their numbers, as provided for by law ? They 
 did not take the graves of their dead with them to Oklahoma. 
 The Iowa branch of the tribes, recognizing that it is quite 
 impossible at this late date, to account for all such discrepan- 
 cies, have taken their stand on the record of disbursements as 
 reported by the Treasury Department; and they ask that 
 such measure of justice, at least, as those records show them 
 to be entitled to, may be accorded to them. 
 
 The claim is made that the number of Mokohoko's band 
 should be counted as enrolled with the Oklahoma branch, 
 during the seventeen years that band was absent from the 
 Oklahoma reservation, so far as the adjustment of these 
 claims is concerned. They denied to Mokohoko and his 
 band any right, during such absence, to participate in the 
 annuities paid in Oklahoma. Under Article 21 of the 
 treaty of 1867, Mokohoko's band was not entitled to partici- 
 pate in the annuities. They were no more entitled to be en- 
 rolled for annuities in Oklahoma, than in Iowa. After re- 
 uniting with those in Oklahoma, the Mokohoko band made 
 claim for their annuities for the seventeen years they were 
 absent from the reservation, and the claim was finally dis- 
 
39 
 
 allowed, in accordance with the provision of Article 21 of 
 the treaty of 1867. This final action was taken by Congress 
 in a report by Hon. W. F. Vilas, former Secretary of the 
 Interior. (See Senate Report No. 690, 52nd Congress, ist 
 ses.) The attempt to use Mokohoko's band in this case is 
 like other means used to deprive the Iowa branch of their 
 proportionate share of the annuities, according to their num- 
 bers. 
 
 In their protest they say: 
 
 "The Iowa branch has always been unruly and has 
 always been in trouble with the Government on account of 
 one thing or another." 
 
 All through the brief of counsel for the Oklahoma 
 branch, their clients are lauded as the best example of the 
 only "good Indians." 
 
 They and their counsel plead many virtues for the mem- 
 bers of the Oklahoma branch, but can see no good in their 
 brethren in Iowa, declaring them to be vagrants (p. 35), 
 lawless, and recalcitrant, etc. (p. 19), whom they have sys- 
 tematically robbed and spoiled, and to whom they now want 
 justice denied. "Jiistitia virtutum regina." 
 
 The notions of the Foxes in Iowa may not be as mine 
 or as others as to what is best for their present and future 
 welfare; but among that little remnant of the once power- 
 ful tribe are found the best types and noblest specimens of 
 the aboriginees of the American Continent. The peaceful 
 conduct of those Indians, after returning to Iowa, and being 
 there so many years without any supervision of or support 
 by the United States, even out of their own treaty moneys, 
 and their subsequent conduct, have justified the confidence 
 in them, shown by the State of Iowa, in the generous and 
 charitable action of its legislature in extending to them the 
 welcome and authority to reside in the State. This act of hu- 
 manity places that great commonwealth in an attitude, ex- 
 ceptional, if not alone, in manifesting interest in and sym- 
 
40 
 
 pathy for a people fast fading- from the earth, the small 
 remnant of whom long to abide in the country of their an- 
 cestors. 
 
 We will not seek to draw comparisons between the two 
 branches of the tribes ; but we would remind those in Okla- 
 homa that there is one lesson they have yet to learn : 
 "Whatsoever ye would that men should do to you, do ye 
 even so to them." 
 
 We pass over the matter of healthfulness of the two local- 
 ities preferred by the two branches of the tribes for resi- 
 dence, one in Kansas, and the other in Iowa ; and also, the 
 comparison of the two branches of the tribes, discussed so 
 fully by counsel for the Oklahoma branch, (pp. ii to 19). 
 It is sufficient to say that the Confederated tribes, after 
 moving from Iowa to Kansas, and numbering nearly 
 2,500, show a rapid decrease in number. In 1852, they 
 numbered 2,124; in 1853, 1,748, etc. Botli. branches now 
 number less than 900, — those in Oklahoma a few over 500, 
 and those in Iowa nearly 400; the former still decreasing, 
 while the latter are increasing. 
 
 AS TO DEDUCTIONS FROM ANNUITY APPRO- 
 PRIATIONS, FOR THE OKLAHOMA BRANCH, 
 BEFORE APPORTIONMENT. 
 
 The claims of the Claimant Indians are for what they 
 consider as belonging to them, under their treaties ; as be- 
 longing to them as Sac and Fox Indians, of the Sac and 
 Fox blood. They were unjustly apportioned amounts, in 
 1867, on basis of 264 as their number. The cry then was 
 that many of that number were alien Indians of other tribes 
 that had taken up their abode with them. The careful cen- 
 sus made under the law of 1884, showed that the Claimant 
 Indians had abundant cause for complaint. It must be pre- 
 sumed that the Indian Bureau has been careful, since the 
 1884 census, to see that only those of the Sac and Fox blood 
 
41 
 
 have been enrolled for annuity payments in Iowa. The labor- 
 ed effort of counsel to make it appear that the Sac and Fox 
 Indians in Iowa are claiming i share of the annuities for 
 Indians of other tribes, (pp. 44 to 49), and at same time 
 to limit the intent of the treaty of 1867, and tlie subsequent 
 laws for presen-ing to the Sac and Fox Indians in Iowa their 
 treaty rights; only to those in Iowa in 1856, merits no seri- 
 ous consideration. 
 
 As the enrollment of the Indians of both branches must 
 be made each year, once at least, for annuity payments, the 
 Iowa branch of the tribes can see no reason why the appor- 
 tionment has not been made on the basis of the number thus 
 ascertained. They have sought to have the Department of 
 the Interior to correct the unequal apportionments made 
 since 1885, but have failed. The bill, 10133, intended to 
 adjust the claims arising from the unequal apportionments. 
 When the apportionment was first made, after the numbers 
 of the two branches were ascertained under the law of 1884, 
 they urged their claim that nothing should be first deducted 
 from the aggregate sum of the annual appropriations for an- 
 nuities, for the special benefit of the Oklahoma branch of the 
 tribe, before the apportionment was made, while the latter 
 claimed that the following amounts should be annually de- 
 ducted for their benefit, before the apportionment was made : 
 
 For maintaining manual labor school, as required 
 
 by treaty $5,000.00 
 
 For national government of tribe, as required by 
 
 treaty $5,000.00 
 
 For physicians and medicines, as required by law. $1,500.00 
 
 The Interior Department reports state that not more than 
 an average of $1,150.00 were used annually for pay of 
 physicians and for medicine, making, if that statement be 
 correct, the total amount claimed for deduction for the ex- 
 clusive benefit of the Oklahoma branch of the tribe before 
 
42 
 
 the apportionment was made, $i 1,150.00; leaving for appor- 
 tionment between the two branches, $39,850.00. 
 
 The question of making such deduction before the appor- 
 tionment, was considered by the Department, and the deci- 
 sion first rendered was in favor of the Indians in Iowa, and 
 for 1885 they received as their apportionment $18,380.00, 
 and in 1886, $19,020.00. The matter was subsequently re- 
 considered, and the decision rendered was against the In- 
 dians in Iowa, and $7,600.40 was recouped from the In- 
 dians in Iowa, as excess allowance in those two years, and 
 said amount was restored to the Oklahoma branch of the 
 tribe. The apportionments to the Iowa branch, since 1885, 
 have been about $15,219.80 annually, out of the $51,000.00 
 annual annuity appropriation. 
 
 (See Senate Doc. No. 167, 54th Cong, ist ses. pp. 
 7-8 and 13-14;) (see Senate Mis. Doc. No. 48, 
 53d Cong. 3d. ses. p. 26) ; (see also Act of June 
 10, 1896, 29 Stat. 331). 
 
 If the first decision was wrong, it was right to correct it. 
 If it was right to correct a wrong apportionment for the 
 Oklahoma branch of the tribe, why is it not right to correct 
 wrong apportionments for the Iowa branch of the tribe? 
 The Indians in Iowa only want justice done to both branches 
 of the tribe. 
 
 There is some force in the contention that the first deci- 
 sion was wrong, so far as concerns the $5,000.00 for manual 
 labor school, since the treaty requires that it shall be main- 
 tained on the reservation in Oklahoma. This was stated 
 by counsel for the claimant Indians in arguing the case 
 before the House Indian Committee. 
 
 If any reason ever existed for the pretense of a "national 
 government" for the Confederated Tribes at an expense of 
 $5,000.00, it long since ceased to exist. The Confederation 
 has only existed in name since 1855. The treaty of 1867, and 
 the laws of that and subsequent years have established and 
 
43 
 
 maintained the branch of the tribes in Iowa, they being 
 Foxes. Those of the former Confederation, now in Okla- 
 homa, comprising mainly, if not wholly, the Sacs, took 
 their allotments of land, under agreement of February 13, 
 189 1, (26 Stat. 749.) and in so doing became citizens of 
 the United States under the provisions of the "General 
 Indian Allotment Act," of February 8, 1887, (24 Stat. 
 388.) They are now living on their allotments, in the midst 
 of a community of advanced civilization, and subject to the 
 same laws of the country as are other citizens of the United 
 States. They are not within the limits of any existing 
 Indian reservation. Anything like a "national government" 
 for people so situated, seems entirely inconsistent with their 
 present status, and unnecessary. It should not be permit- 
 ted to longer exist, as a means for depriving those in Iowa 
 of their just proportionate shares of the tribal annuities. 
 The same reasoning and facts apply, with equal force, to 
 the annual deduction of $1,500.00, or any portion thereof, 
 from the tribal annuities for support of a physician, and for 
 purchase of medicines. If those people need a physician 
 and require medicines, they should do as those of Iowa do, 
 call in a neighboring physician, or go to a neighboring drug- 
 store, and get what they want, and pay for it out of their 
 own moneys individually. The treaty of 1867 provided 
 for those things for a period of five years; the stipulation 
 therefor expired in 1875. Counsel for the Oklahoma 
 branch treat it, no doubt unintentionally, as a present treaty 
 stipulation, (p. 4.) Those in Oklahoma got the whole bene- 
 fit of the money appropriated for the five years, under the 
 treaty. Since 1875, they have urged that provision be made 
 for the Physician and medicines, and on estimates made 
 therefor by the Interior Department, Congress has annually 
 provided in the Indian Appropriation Acts, under the pro- 
 vision appropriating annuities for the Sac and Fox of 
 Mississippi, 
 
44 
 
 ''That the sum of one thousand five hundred dollars of 
 this amount shall be used for the pay of a physician, and 
 for medicines." 
 
 This action by Congress has been done without looking 
 closely into the state of the matter to see whether in it any 
 injustice was being done to any portion of the tribes con- 
 cerned in the said annuities. If the members of the Okla- 
 homa branch of the tribes are qualified to be citizens of the 
 United States, there is no sufficient reason why the Govern- 
 ment should see to the employment of a physician and pur- 
 chase of medicine for them, and certainly not, in part, at 
 the expense of those members of the tribes in Iowa. If 
 any justification is found for making the deduction of said 
 two sums, — $5,000.00 for "national government," and 
 $1,500.00 or any part thereof, for pay of physician, and pur- 
 chase of medicines, before the Oklahoma people became 
 citizens of the United States, it thereafter ceased to exist. 
 The Sacs and Foxes in Iowa ask that a stop be put to such 
 injustice, and that their proportionate shares of the annui- 
 ties so unjustly used in the past be recovered and paid to 
 them. 
 
 It is particularly within the province of the law-making 
 power of the country to correct the evils complained of. 
 The Congress of the United States can cease to provide 
 in the acts making appropriations for the annuities of the 
 trfbes, that any sums shall be used for pay of physicians 
 and purchase of medicines. That would put a stop to that 
 evil. The President, with the assent of Congress, is em- 
 powered by a provision in the sixth article of the treaty of 
 1859, to change any provision of that or previous treaties 
 with the said tribes, to whatever extent may be considered 
 "to be necesary and expedient for their welfare and 
 best interests." Congress gave its assent as hereinafter 
 shown in the vetoed bill, H. R. 10133, for the discontinu- 
 ance of the provision requiring the expenditure of $5,000.00 
 
45 
 
 annually for a "national government" of the tribes, having 
 concluded that the maintenance of such pretended "national 
 government" is not necessary; that it is maintained to the 
 serious detriment of a large portion of said tribes; and 
 that the discontinuance of it is "necessary and expedient for 
 the welfare and best interests of both branches of said 
 tribes." It also at same time provided against further de- 
 duction for pay of physician and for medicines. 
 
 If no provision were found in any treaty warranting the 
 discontinuance of the said "national government," it may 
 be discontinued by the proper authority of the United 
 States, as the treaty providing for it, states only that it 
 "may" be so maintained. Its maintenance is discretionary 
 with a wise guardianship of the Indians. 
 
 Further, the power to change a treaty with an Indian 
 tribe is in the Government of the United States as has been 
 decided repeatedly by the courts of the country. 
 
 "The power exists to abrogate the provisions of an Indian 
 treaty, though presumably such power will be exercised 
 only when circumstances arise which will not only justify 
 the Government in disregarding the stipulation of the treaty, 
 but may demand, in the interest of the country and the 
 Indians themselves, that it should do so. When, therefore, 
 treaties were entered into between the United States and a 
 tribe of Indians it was never doubted that the power U) 
 abrogate existed in Congress, and that in a contingency 
 such power might be availed of from considerations of 
 governmental policy, particularly if consistent with perfect 
 good faith towards the Indians." 
 
 (Lone Wolf, Principal Chief of the Kiowas, v. 
 
 Ethan A. Hitchcock, Secreatry of the Interior, 
 
 et al. 187 U. S. 553.) 
 
 DEFENSE DECLINE DISCUSSION OF CLAIMS 
 ON FACTS AND MERITS. 
 
 The learned counsel for the Oklahoma branch, after dis- 
 cussing the two large claims, and making the vain attempt 
 
46 
 
 to show that their payment would be contrary to the pro- 
 visions of treaties and laws, provided, of course, their own 
 construction and interpretation of those treaties and laws 
 be accepted, close their effort as follows : 
 
 "We believe we have shown this and the other claims to 
 be entirely without foundation either in law or morals; it 
 has not seemed, therefore, either necessary or proper to en- 
 cumber this argument with a mass of figures as to the num- 
 ber of Indians in the Iowa band at various periods as coun- 
 sel for Claimant Indians has seen fit to do in his memorials." 
 
 We contend that this is a clear dodging of the real matter 
 to be investigated under the special instructions of the 
 President. 
 
 We are indebted to counsel for the contents of the letter 
 of the Acting Commissioner of Indian Affairs, to the Presi- 
 dent, dated June 28, 1906, wherein it is said he stated, 
 
 "that if it should be developed by the investigation now being 
 had that the claims of the Iowa Sac and Fox Indians were 
 meritorious as set forth in H. R. 10,133, that the office would 
 recommend its passage." 
 
 The President informed Congress, in his veto message 
 that, 
 
 "I have directed the Acting Commissioner of Indian Af- 
 fairs to have an immediate and thorough investigation made 
 of the matter in accordance with the concluding paragraph 
 of his letter of June 28." 
 
 In the appeal to Congress, the Claimant Indians insisted 
 that the Secretary of the Interior did not investigate the 
 claims, as required by the act of 1895, but based his adverse 
 report on technical construction of treaties and laws. 
 
 In the protest made by the Oklahoma branch against the 
 bill, (H. R. 10,133,) (H. R. Doc. No. 805,) they alleged 
 that the statements and arguments set forth in the Lacey 
 Report, (H. R. 3022) are not true; and they begged for 
 time to show that they were not true. They had the great 
 
47 
 
 weight and influence of the Interior Department in their be- 
 half, and they secured a veto of the bill, with a summons to 
 show that the Lacey report is not true. What have they 
 shown? Nothing but a reargument of the same rules of con- 
 struction and interpretation of treaties and statutes, against 
 which the Claimant Indians had protested, when used by the 
 Secretary of the Interior. 
 
 The facts set out in the Lacey report are ignored, except 
 to state what it proposed to accomplish, (pp. 4, 5 of brief.) 
 The main part of the brief is occupied in discussing matters 
 ruled against the Claimant Indians, in the report of the 
 House Indian Committee. The Claimant Indians secured 
 further delay, and have employed able counsel. The sum- 
 mer is gone, and the winter well advanced, when they come 
 with a paper wherein they refuse to traverse the facts, and 
 figures which they alleged were not true. They not 'only 
 dodge the facts, but they have made no attempt to challenge 
 the correctness of the calculations made in the Lacey report. 
 That report is based upon the data from the original ac- 
 counts of the disbursements made by the Agents, and at the 
 Treasury, of the annuities of the tribes. (H. R. Doc. No. 
 38.) The correctness of the calculations made, and of the 
 account stated in the Lacey report must, therefore, be ac- 
 cepted as correct. They are correct. 
 
 The Treasuiy report, (H. R. Doc. No. 38), shows the ex- 
 tent of the injustice done to the Iowa branch of the tribes, 
 from 1855, to 1899, inclusive. Any competent bookkeeper 
 can make the calculations and state the account, and thereby 
 show the proper balances. The account stated is not chal- 
 lenged, and being correctly stated, further time for a re- 
 statement seems unnecessary. Surely if it contained any 
 inaccuracies, they would have been pointed out by counsel, 
 in compliance with the promise to show that the Lacey re- 
 port is not true. 
 
 Congress, by legislation, adjusted the claims of the Wis- 
 
48 
 
 consin Winebagoes. It was done as right and justice re- 
 quired, and has stood without criticism. Surely the com- 
 mittees of Congress are no less competent now, and no less 
 possessed with the spirit of justice. The spirit of considera- 
 tion and equity manifested in the Lacey Report toward the 
 Oklahoma branch of the tribes, in trimming the considera- 
 tion of the claims down to only the amounts of the annuities 
 paid out in cash per capita payments, leaving to the Okla- 
 homa branch, untouched, the nearly half million of treaty 
 moneys expended for them exclusively, can be viewed in no 
 other light than the exhibition of extreme liberality toward 
 them. But when the committee went further, and after 
 ascertaining that the Claimant Indians should have received, 
 in the period from 1855, to 189Q, the sum of $198,334.19 
 more in cash per capita payments than they did receive, de- 
 cided on further grounds of equity toward the Oklahoma 
 branch, that they should not be called upon to pay more 
 than one-half of that sum to the Claimant Indians, they 
 strained the qualities of mercy. This generous treatment of 
 their clients found in counsel no other response than that 
 the committee, 
 
 "by some rather subtile reasoning, determined to reduce 
 each of the first two items by one-half." 
 
 No, the counsel will not go into the figures and facts. 
 They constitute a part of the record that they refuse to dis- 
 cuss. Well they may; for therein and thereby is their un- 
 doing. 
 
 PAY OF TREATY ANNUITY UNDER TREATY 
 OF 1842, TO THE PRINCIPAL CHIEF OF 
 THE FOXES. 
 
 Counsel (p. 50) quotes the fourth article of the treaty 
 of 1842, providing for payment of $500, annually to "each 
 of the principal chiefs of the Sacs and Foxes" out of the an- 
 
49 
 
 nuities of the tribes," to be used and expended by them for 
 such purpose as they may think proper, with the approbation 
 of their agent," and contend that the payment of the money 
 to said chiefs is ''subject to the approbation of their agent;" 
 while we contend that it is not the payment of the money 
 that is so subject, but the manner of its use and expenditure. 
 It was not intended by the treaty that the agent should de- 
 termine whether the chiefs should receive the money; but 
 that he should see to it that it was not used for improper pur- 
 poses, to debauch the Indians, make war upon whites, or in 
 other ways contrary to the purposes of his supervision. 
 
 After thus discussing the fourth article of the treaty of 
 1842, counsel then state: 
 
 "The above applies only to the claim up to 1867. From 
 this date to 1900 the claim is predicated upon the nintli 
 article of the treaty of 1867." (p. 51.) Which article they 
 there cite. 
 
 The counsel failed to read very closely the claim for the 
 annuity for the principal chief of the Foxes, as stated in 
 the memorial to Congress, (Senate Doc. No. 64, 57th Con- 
 gress, 2d ses., p. 20.) It is there stated as follows: 
 
 "The whole period claimed for is from 1855 to the date 
 of restoration of the payments. To 1900 would be forty- 
 five years, and $500 annually makes the aggregate amount 
 of this claim $22,500." 
 
 "The payment of this sum is provided for in the treaty 
 of 1842, as follows:" 
 
 Then follows the quotation of the fourth article of the 
 treaty. The provisions of Article 9 of the treaty of 1867, 
 are then discussed, and the statement made that, 
 
 "The Treasury report shows that the money has been paid 
 out, but it is claimed by the Claimant Indians that the pay- 
 ments have not been made to the principal chief of the 
 Foxes, who resides among them" 
 
50 
 
 What claims the Claimant Indians made for chief, under 
 the stipulations of Article 9 of the treaty of 1867, is em- 
 braced in their contention that they should have their pro 
 rata share, according to their numbers, of the $5,000.00 for 
 "national government." If counsel had given more atten- 
 tion to the official data contained in the Treasury report, 
 (H. R. Doc. No. 38), and had discussed the facts and 
 figures therein contained, they would have seen that more 
 than $1,000 annually was paid to chiefs, for a considerab/e 
 portion of the time covered by said report. Such payments 
 were made under both of the treaties — 1842 and 1867. The 
 unintentional misconception of counsel, on this point, carried 
 them into quite a discussion on the matter, (pp. 51 to 54) 
 which requires no further consideration. 
 
 Counsel calls attention to the affidavit of Chief McKosito, 
 (pp. 57, 69 to 72), setting out that Maw-Men-Wau-Me- 
 Cah, the chief of the Foxes, was in Kansas in 1861, and 
 drew his annuity, as did others that immediately thereafter 
 left for Iowa. The fact that Chief Maw-Men Wau-Me-Cah, 
 of the Foxes, drew one installment of annuity in Kansas, 
 in the fourth quarter of 1861, is shown by the original dis- 
 bursing accounts of Agent C. C. Hutchison, for that year, 
 as set out in the Treasury report, (H. R. Doc. No. 38, p. 6.), 
 The fact that the Indians who left Kansas for Iowa, at dif- 
 ferent times, drew, or were supposed to have drawn annui- 
 ties up to the time of their departure, is abundantly shown, 
 and is fully allowed for in all of the computations made in 
 the account stated by the House Indian Committee, in that 
 they allowed for 160 in Iowa from 1855 to 1862, and only 
 225 from 1863 to 1866. The House Indian Committee did 
 not think the principal chief should recover his annuity un- 
 der the treaty of 1842, prior to the date of his claim there- 
 for. Hence no discussion is found in the report, (H. R. 
 Report, No. 3022) as to the payment made to the principal 
 chief, in 1861. The affidavit of Push-E-Ten-Neke-Oue, 
 
51 
 
 present principal chief of the Foxes, in Iowa, that the form- 
 er principal chief came to Iowa, in 1862, and assumed the 
 position of chief and held it until he died, in January, 1881, 
 when his son was elected and acted as chief until the fall of 
 same year, when he died, and he, Push-E-Ten-Neke-Que, 
 was elected as chief, and has occupied the position to this 
 time. (H. R. Doc. No. 38, pp. 24, 25.) When the princi- 
 pal chief of the Foxes left Kansas, he took with him his 
 office ; when that office has become vacant, it has been filled 
 according to the custom of the tribe. The present occupant 
 is the principal chief of the Foxes. This fact has been 
 shown so clearly and satisfactorily, in the prosecution of 
 these claims, that Congress has not waited for the final con- 
 clusion thereof, before restoring to Push-E-Ten-Neke-Oue 
 the payinent of his treaty annuity. The treaty of 1842 pro- 
 vides for payment to only two principal chiefs, one for the 
 Sacs and one for the Foxes. Counsel could not refrain 
 from a construction of the law restoring to the chief his an- 
 nuity payments, and calls attention to the fact that the law 
 says it is "during his natural life." That it does not pro- 
 vide for his successor. Congress may be depended upon to 
 provide for any injustice that may be done to his successor. 
 If Push-E-Ten-Neke-Oue is entitled to the annuity now, 
 under the treaty of 1842, he was just as much entitled to it, 
 during the period from 1881, to 1899. The reducing of his 
 claim to $1,000, giving him annuity for only two years 
 of that period, was another exhibition of extremist liberality 
 on part of the House Indian Committee toward the Okla- 
 homa branch of the tribes. 
 
 SENDING THE CASE TO COURT OF CLAIMS 
 ENTIRELY UNNECESSARY. 
 
 Counsel urge in their brief, (pp. 62 to 68) reference of 
 the claims to the Court of Claims. Their main argument for 
 such reference is that the Sac and Fox Indians in Iowa will 
 
52 
 
 not be satisfied with any settlement or adjustment made 
 otherwise. They refer to an affidavit of "Chief McKosito," 
 appended to their brief, (pp. 69 to 72) wherein it is stated 
 that he and "Second Chief Moses Keokuk, who were in 
 Washington, as a delegation from the Oklahoma branch, 
 in 1896, when the Secretary of the Interior was considering 
 the report to be made to Congress on these claims, in ac- 
 cordance with the law of 1895, that, 
 
 "when it was determined to pay the Iowa Indians the sum 
 of forty-two thousand, eight hundred and ninety-three and 
 25-100, (42,893.25) dollars, this deponent and all his people 
 on the Indian Territory reservation withdrew all opposition 
 thereto with the understanding had with the Bureau of In- 
 dian Affairs that the Iowa Sac and Foxes would not there- 
 after make any claim for funds or annuity." Deponent says 
 that said Second Chief (Moses Keokuk) has since died but 
 that he had frequently talked it over with him and knows 
 that it was his understanding as herein stated, as well as 
 that of deponent. 
 
 Well, that is a fair specimen of the opposition made to 
 these just claims, and the methods resorted to prevent the 
 adjustment of them. 
 
 Let us see what we can produce as matter of record on 
 the subject. 
 
 The Secretary of the Interior did say in his report to Con- 
 gress, made in 1906: 
 
 "The Oklahoma Sacs and Foxes, through their delegates 
 Mah-ko-sha-toe and Moses Keokuk, also filed protest against 
 the said finding, but have since, orally, through the delegates 
 named, now in this city, withdrawn their objections to the 
 aforesaid statement of account." 
 
 (See Senate Doc. No. 167, p. 2.) 
 
 As soon as that report was printed as a Congressional 
 Document, the said delegates made haste to protest against 
 the statement in it, as above set forth. They had a protest 
 
53 
 
 prepared, and presented to the Secretary of the Interior* 
 quoting- therein the alx)ve statement, and saying therein as 
 to it : 
 
 "We beg to say that we never intended to withdraw our 
 protest. You misunderstood us. We were sent by our peo- 
 ple on purpose to protest. We would have no right to with- 
 draw It. We did not mean to tell you that we had with- 
 drawn It. We would not be true to our people if we acted 
 in that way." 
 
 In more emphatic language of the same sort they insisted 
 that they still objected to payment of anything on any of 
 the claims. And they said, 
 
 "We ask you to say to Congress that you made a mistake. 
 J hat in our talk with you we did not withdraw our protest." 
 
 The Secretary of the Interior promptly submitted their 
 paper to the Congress for its information. 
 
 (Senate Doc. No. 196, 54th Cong., ist ses.) 
 
 The records show that the statements in the affiidavit are 
 not true ; the records are a flat contradiction of the affiant 
 himself, by himself. The value of the remainder of the 
 affidavit may be measured accordingly. The Iowa branch 
 made no such stipulation, nor had any such understanding. 
 They had no delegation here at the time. Their own attor- 
 neys were not parties to any such compact. 
 
 Another affidavit attached to brief of counsel for the Okla- 
 homa branch is that of Jonas H. McGowan, (pp. 75 to 78), 
 wherein he swears that "he had previously, and during the 
 life time of the late Chief Keokuk, acted as attorney for 
 said tribe." (p. 76.) As that affiant is the senior member 
 of the firm now counsel for the Oklahoma Sacs and Foxes, 
 it cannot be possible that he acted as the attorney for the 
 delegation of 1896. especially in the matter of preparing 
 the last mentioned paper by them ; though he did appear be- 
 
54 
 
 fore the Senate Indian Committee, or a sub-committee 
 thereof, at that time in their behalf. He evidently had no 
 knowledge of the existence of that tell-tale paper. But what 
 can be said of counsel's star witness, Chief McKosito, first 
 among his "sober, sedate, intelligent and honest men." 
 
 Counsel attached no importance to the statement of facts 
 set out in the affidavit of Chief of the Foxes, Push-E-Ten- 
 Neke-Que, (p. 60), as set out in H. R. Doc. No. 38, pp. 25, 
 26, not one of which statements did they challenge or refute. 
 With their own opinion of the testimony of the latter, and 
 the showing above made as to the value of the testimony of 
 their principal witness, they surely will revise their own opin- 
 ion on this matter, and conclude with the counsel for the 
 Claimant Indians that these claims can be more safely and 
 satisfactorily adjusted upon the data furnished from the ac- 
 counts of the officers and agents who made the disburse- 
 ments of the annuities, than upon the testimony of the In- 
 dians of the contending branches of the tribes. 
 
 WHAT THE OFFICIAL RECORDS OF DIS- 
 BURSEMENTS SHOW. 
 
 The facts furnished by the Secretary of the Treasury, in 
 compliance with the resolution of the House of Representa- 
 tives, and set out in H. R. Doc. No. 38, 57th Congress, ist 
 session, is the oificial data compiled from the original ac- 
 counts of the agents who disbursed the annuities of the Con- 
 federated tribes of the Sac and Fox Indians of the Missis- 
 sippi, and similar data from claims and accounts for sup- 
 plies, etc., paid at the Treasury Department, covering the 
 period from 18^^ to i8pp, inclusive. 
 
 The Committee on Indian Affairs, House of Representa- 
 tives, considered the appeal of the Claimant Indians, with 
 the official data thus secured before them, during the 57th 
 
55 
 
 and 58th Congresses, and the ist session of the 59th Con- 
 gress, by two sub-committees, and in the full Committee. 
 The attorney for the Claimant Indians was heard frequently, 
 and at length, orally and in writing. Reports from the In- 
 terior Department were requested, received, and considered 
 by the Committee. After such full, thorough, and careful 
 investigation and consideration, the report of the Com- 
 mittee, (H. R. Report, No. 3022) was made. It was found 
 that the Treasury report showed the following facts: 
 
 I. That during the period from 18 jj to 1866, inclusive, 
 the members of the tribes residing in Kansas, (now in Okla- 
 homa) received in cash and benefits, every cent of the money 
 disbursed from the appropriations for fulfilling treaty stipu- 
 lations with the Confederated tribes as follows: 
 
 "Disbursed by Ofiicers from January i, 1855 
 to December 31, 1866, as shown by Ex- 
 hibit "A'' herewith $840,137.19." 
 
 "Net expenditures on account of claims. . . . 37,640.51." 
 
 "Total expenditures, Jan. i, 1855, to De- 
 cember 31, 1867 (?) (6) $877,777.70." 
 
 (See H. R. Doc. No. 38. pp. 3 and 6-7.) 
 
 Of that sum they were paid in cash per capita payments 
 the sum of $694,290.15. 
 
 That the average of their numbers for said period, receiv- 
 ing said cash per capita payments appeared as follows : 
 
 From 1855 to 1862. inclusive 1*323 
 
 From 1863 to 1866, inclusive 880 
 
 (Ibid., pp. 6-7.) 
 
 That the average of the number of the Iowa branch of 
 the tribes, during the same period, as held by the Secretary 
 
56 
 
 of the Interior in report to the Secretary of the Treasury, 
 appeared as follows : 
 
 From 1855 to 1862, inclusive 160 
 
 From 1863 to 1866, inclusive 225 
 
 (Ibid., 20-21.) 
 
 (The Claimant Indians contended that their numbers 
 averaged more during said period, but, appreciating that 
 the Congress would be disposed to follow the figures re- 
 ported by the Interior Department, they have based their 
 calculations upon those figures.) 
 (Ibid., 21-26.) 
 
 The committee found that the apportionment among the 
 two branches of the tribes, of the sum of $694,290.15, paid 
 to the Oklahoma branch in cash per capita payments, would 
 result as follows : 
 
 To the Oklahoma branch. 1855 to 1862 $501,566.87 
 
 To the Oklahoma branch, 1863 to 1866 $115,173.15 
 
 Total $616,740.02 
 
 To the Iowa branch, 1855 to 1862 $60,658.13 
 
 To the Iowa branch. 1863 to 1866 26,892.00 
 
 Total $87,550.13 
 
 Deduct amount received in 1865, as reported. 5.339-o6 
 
 Leaving the balance as the amount of the first 
 
 claim $82,211.07 
 
 It is manifest, of course, that the apportionment of the 
 zvhole sum of %'&77,777-70, of the tribal annuities and other 
 moneys disbursed exclusively for the benefit of the Okla- 
 homa branch of the tribe, during said period, between the 
 two branches of the tribes according to their numbers would 
 result in giving to the Iowa branch of the tribe a much 
 
57 
 
 larger sum than $82,211.07. The Committees of Congress, 
 however, conUned the consideration of the claims before 
 them, to sums paid out only in cash per capita payments, 
 leaving all other treaty moneys disbursed, to the Oklahoma 
 branch, for whom they were expended. 
 
 (See H. R. Report No. 3022, pp. 7-9.) 
 
 That the Treasury report further shows : 
 
 2. That during the period from 1867 to 1899, (the 
 Treasury report not having been brought down later than 
 1899), the whole amount of moneys disbursed from the ap- 
 propriations made by Congress for fulfilling treaty stipula- 
 tions with the said confederated tribes of Sac and Fox In- 
 dians of the Mississippi, was as follows : 
 
 For the Oklahoma branch. (Stated as "Kansas branch.") 
 
 Disbursed by officers from January i, 1867 to 
 December 31, 1899, as shown by Exhibit 
 "B" herewith $1,430,387.30 
 
 Total expenditures on account of claims 54,791.63 
 
 Total $1,485,178.93 
 
 That of said sum they were paid in cash per 
 
 capita payments, the amount of $943,618.27 
 
 For the Iowa branch. 
 
 Disbursed by officers from January i, 1867 to 
 December 31, 1899, as shown by Exhibit 
 "C." $449,692.28 
 
 Total on account of claims 1,544.42 
 
 Total $451,236.70 
 
 That of said sum they were paid in cash per 
 
 capita payments, the sum of $448,337.50 
 
 (See H. R. Doc. No. 38, pp. 2-19.) 
 That the average of the numbers of the two branches of 
 
58 
 
 the tribes during said period from 1867 to 1899, inclusive, 
 was as follows : 
 
 For the Oklahoma branch of the tribes 5065/2 
 
 For the Iowa branch of the tribes 345/^ 
 
 That the total amount paid in cash per capita 
 payments to both branches of the tribes 
 during that period, was $Ij39I '955-77 
 
 The committee found on such official data that, according 
 to the numbers of the two branches of the tribes, the Iowa 
 branch should have received more in cash per capita pay- 
 ments, during said period from 1867 to 1899, inclusive, to 
 the extent of $116,123.12. 
 
 It is manifest, in this case also, that if the whole amount 
 of the tribal moneys had been apportioned between the two 
 branches of the tribes during said period, the Iowa branch 
 would have been awarded a much larger sum than was re- 
 ported for them by the committee; but the committee con- 
 fined the consideration of the Second claim also to the 
 amounts paid out in cash per capita payments only. 
 
 In the same period the Oklahoma branch got in benefits, 
 nearly $500,000.00, while the Iowa branch got in benefits, 
 less than $3,000.00. 
 
 (See H. R. Report No. 3022, pp. 9-13.) 
 
 The report made by the Treasury Department failed to 
 show that the principal chief of the Foxes had been paid 
 the annuity of $500.00 stipulated for him in the treaty of 
 1842, for the period from 1855 to 1899, inclusive, except 
 the one payment of $500.00 to Maw-Mem-Wau-Ne-Cah in 
 fourth quarter, 1861. (H. R. Doc. No. 38, p. 6.) 
 
 WHAT THE VETOED BILL WAS INTENDED 
 TO ACCOMPLISH. 
 
 The Congress found that the Sac and Fox Indians, in 
 Iowa, had just causes of complaint ; that they had been dis- 
 
59 
 
 criminated against in the distribution of the annuities of 
 the tribes; that they had no jurisdictional status in any 
 courts of the country in which they might bring suit for re- 
 dress of their grievances ; that the matter absolutely required 
 legislation by Congress ; and, as that body had all the neces- 
 sary information on the subject, m the report of the Treas- 
 ury Department, it was able to so legislate as to adjust the 
 whole matter. The effect of the vetoed bill, H, R. 10133, as 
 intended by Congress, was as follows: 
 
 1. That, in future, no deductions shall be made from the 
 annual amount of $51,000.00, appropriated for fulfillment of 
 the treaty stipulations with the confederated tribes of Sac 
 and Fox Indians of the Mississippi, before the apportion- 
 ment between the two branches of the said tribes is made, 
 except the $5,000.00 for the manual labor school, or so much 
 thereof as may be necessary therefor. 
 
 2. That, after the deduction of said sum of $5,000.00, or 
 so much thereof, as may be necessary for said manual labor 
 school, the remainder of said sum of $51,000.00 annually 
 appropriated, shall be annually apportioned between the two 
 branches of the said tribes, according to their numbers, to 
 be ascertained by the annual enrollment of them. 
 
 3. That no allowance be made to the Sacs and Foxes in 
 Iowa, for the deductions heretofore made for "national gov- 
 ernment" of the tribes, and for pay of physician and pur- 
 chase of medicine, for the exclusive benefit of the Oklahoma 
 branch of the tribes, but that no such deductions shall here- 
 after be made before apportionment. 
 
 4. That for the adjustment of the claims for the period 
 from 1855 to 1899, inclusive, only the amounts of the annui- 
 ties paid out in cash per capita payments he considered ; and 
 that because of discrimination against them in such payments 
 the Sac and Fox Indians of Iowa did not receive what they 
 were entitled to receive, according to their numbers, as fol- 
 lows : 
 
 From 1855 to 1866, inclusive $82,211.07 
 
 From 1867 to 1899, inclusive $116,123.12 
 
 Total $198,334.19 
 
6o 
 
 That for further considerations of equity toward the 
 Oklahoma branch of the tribes, only one-half of said sum of 
 $198,334.19, should be allowed and paid to the members of 
 the tribe in Iowa. 
 
 5. That the principal chief of the Foxes, in Iowa, should 
 be allowed and paid, in full, of his claim, the sum of $1,000. 
 
 The Sac and Fox Indians in Iowa felt that the limiting 
 of their claims by the committee, to the consideration only 
 of the portions of the annuities that were paid out in cash 
 per capita payments, was rather drastic treatment of the 
 matter. They do not feel, in view of such treatment, that 
 there are any sufficient grounds of equity, or otherwise, war- 
 ranting allowing them only one-half of the sum of $198,- 
 334.19 so found due to them. They think, also, that the 
 claim of the principal chief of the Foxes should have been 
 for the full amount shown by the Treasury report to have 
 been withheld from him. The present principal chief has 
 occupied the position since 1881. 
 
 They, however, do appreciate that the motive of extreme 
 consideration manifested in the report of the Committee to- 
 ward the Oklahoma branch, were, very largely prompted 
 by the fact that those Indians were not wholly responsible 
 for the conditions existing, as the moneys were not dis- 
 bursed by them, but by the guardian of both branches of 
 the tribes; and that in view of that fact, the committee 
 sought to do some measure of justice to the Claimant In- 
 dians, while not too seriously embarrassing those of the 
 Oklahoma branch. 
 
 We have not deemed it necessary to consider the many 
 references and citations from the annual reports of the 
 Indian Bureau; nor to discuss the opinions expressed in 
 particular reports of that Bureau on bills in Congress con- 
 cerning this matter. The President wants the facts. He 
 has called for an investigation and report thereon. Those 
 facts are now before the Commissioner of Indian Affairs, in 
 
 B D 1 4. 8 
 
6i 
 
 the Treasury report, (H. R. No. 38), and in the additional 
 report, bringing them down to date. The Commissioner 
 of Indian Affairs, charged with making a report thereon to 
 the President, will make that report on the facts now before 
 him, regardless of any opinions heretofore expressed by 
 the Department on the matter, when those facts were not 
 present, or considered. 
 
 Where the facts are all so well established, binding as 
 to the Indians, and binding as to the administration of the 
 guardianship of the Indians, and where the Committees of 
 Congress have practically construed all provisions of trea- 
 ties and laws, with utmost liberality, in favor of the Okla- 
 homa branch of the tribes, nothing further seems necessary, 
 except to state the account of the amount to which the 
 Claimant Indians are justly entitled to recover, and to ask 
 Congress to insert that amount in the bill, H. R. 10133, and 
 re-enact the same, and thus close the matter forever. 
 
 Where the road to justice is so plain, why should justice 
 be delayed? For justice we pray; for justice without fur- 
 ther delay. 
 
 Respectfully submitted, 
 
 R. V. BELT, 
 Attorney for Sac and Fox Indians in Iowa, 
 
 Washington, D. C, 416 Bond Building. 
 
 December 19, 1906, 
 

 
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