No. 90 — Second Series — 10,000 (Revised Edition) Indian Rights Association, 995 Drexel Building, Philadelphia, April 15, 191 3. THE RECORD OF THIRTY YEARS. A BRIEF STATEMENT OF THE INDIAN RIGHTS ASSOCIATION, ITS OBJECTS, METHODS AND ACHIEVEMENTS. By M. K. SNIFFEN. The Association is a non-political, non-sectarian body of public-spirited men and women. It was organized in Philadelphia, December 15, 1882, as a result of a visit of Messrs. Henry S. Pancoast and Herbert Welsh to the Sioux Indians, by about thirty gentle- men, who met in response to an invitation from the late Hon. John Welsh — "to take into consideration the best method of producing such public feeling and Con- gressional action as shall secure to our Indian population civil rights and general education, * * * * and in time bring about the complete civilization of the Indians and their admission to citizenship." As defined by its constitution, the object of the Association is "to secure to the Indians of the United States the political and civil rights already guaranteed to them by treaty and statutes of the United States, and such as their civilization and circumstances may justify." In the beginning of its work, to quote from a recent annual report, "the civilized Indian was the exception rather than the rule. The brutal expression 'the only good Indian- is a dead Indian ' seemed to represent the prevailing sentiment of the time. The country over which the red man roamed was sparsely settled. Outbreaks were taken as a matter of course, and comparatively little attention was paid to his rights or wrongs. Ignorance concerning the Indian and his affairs was dense and widespread. When the tide of emigration swept west- ward, and settlers, good and bad, begaij crowding the Indians more and more conditions materially changed. It was evident that wise measures should be adopted, whereby the Indian could be adapted to his new environment, and eventually become a part of it. To accomplish this it was necessary that public sentiment should be aroused by a vigorous agitatiop. * * * * it was also necessary to secure an accurate knowledge of actual conditions, which could only be done by frequent visits to the Indian country. This in- formation then had to be brought to the attention of the public in order to exert a sufficient pressure upon Congress and the Executive to secure prompt and reasonable attention. This 2 was done by the dissemination of information obtained through the medium of pamphlets and leaflets and through the columns of the public press. The work progressed slowly at first, but gradually the Association won the respect and confidence of the public. Its accuracy of statement is rarely questioned, and an appeal now to the press of the country on any particular matter requiring attention from Congress or the people usually meets with ready response and produces definite results. "In the beginning the Association was regarded by many as a group of sentimentalists, holding visionary theories that were absurd and unpractical. The Association was also looked on by some Government officials as a ' meddlesome and irresponsible body, ' constantly aiming to stir up trouble for somebody. All this has been changed. By avoiding serious mistakes, or inaccuracy of statement, and by contending for sound principles, the Associa- tion has demonstrated beyond question that'its work was eminently practical and j ust. The Indian Office came to regard it as a friendly critic, and welcomed its co-operation. "A gradual and steady change has taken place among the Indians. Nearly all of them have discarded the old savage methods and customs. * * * * This improved condi- tion of the Indian is not without its drawbacks, paradoxical as that may seem. What scheming men once accomplished by force is now attempted under cover of law; and in some respects the work of protecting the Indian's rights is more difficult than ever — at least more costly. Frequently it has been necessary to appeal to the courts; in some in- stances to the highest tribunal— the United States Supreme Court. This is both expensive and tedious, but it is imperative, if vicious legislation by Congress is to be checked." Although much has been accomplished, much yet remains to be done. The influence for good that has been exerted by this Association can never be properly estimated, but it is within reason to claim that without the existence of such an organization during these thirty years conditions for the Indian would not have been as favorable as they are to-day. WASHINGTON AGENCY. The Association has a representative stationed in Washington, Mr. S. M. Brosius, who is ever ready to co-operate with the Indian Office, or to bring to the Commissioner's attention various matters requiring adjustment. Mr. Brosius also carefully scrutinizes all legislation relating to Indian affairs that comes up in Congress, and informs the members of that body regarding the merits or demerits of particular bills. All vicious legislation is opposed. . When it cannot be defeated in Committee, it is vigorously fought in Congress, and if that produces no effect, the facts are laid before the President with the request that he veto the obnoxious bill. The advantage of having a trained expert in Washington of high character and ability — a man who can give disinterested advice to Congressmen on Indian matters — is apparent. ACHIEVEMENTS. It is difficult to tabulate for inspection within the limits of this pamphlet all the results, direct and indirect, that have been accomplished by the Association. A brief summary of a number of concrete cases, however, will illustrate the character and wide scope of the work, although they convey no idea of the amount of effort involved. In some instances it has required years of continuous agitation before anything definite was accomplished. It should also be noted that the mere fact that such an organization exists solely to see that 3 the Indians get a "square deal" and is constantly on the alert to guard them from schemes to alienate their land or what not, undoubtedly acts as a powerful deterrent. The value of this phase of the Association's usefulness can never be computed. CONCRETE RESULTS. THE MISSION INDIANS.— The natural interest of the Association in these Indians was further stimulated by a promise made to Mrs. Helen Hunt Jackson, by our Washington Agent, a few days before her death, that the Association would accept "as a solemn legacy the redress of past wrongs, present sufferings and the future hopes of her Mission Indians." This pledge was fully redeemed, although to do so required more than ten years of effort, appeals to the courts, securing action by the Chief Executive and proper legislation from Congress. In one instance, the " Saboba case " was carried to the California Supreme Court, and a decision finally rendered in favor of the Indians. To do this the Association had to' meet counsel fees and other legal expenses, and the Corresponding Secretary gave a personal bond of I3300 to indemnify the plaintiff in the event of an adverse decision. This decision protected about a dozen other bands from further harassing, since their titles were covered by the same points of law. Other reservations, originally too small, were extended by executive order, and new tracts also set aside; intruders were removed, etc. To protect the Warner Ranch band of Mission Indians, numbering about 400, who were threatened with eviction from their homes, the Association employed counsel, and furnished a bond of $6100 to carry the case to the California Supreme Court. Here the decision was against the Indians. It was taken to the United States Supreme Court, with a like result. The Association then appealed to Congress on behalf of these Indians. An appropriation of $100,000 was granted to provide homes for them elsewhere. They are now located on a new reservation at Pala, California. OTHER LANDLESS CALIFORNIA INDIANS.— The Association was appealed to in 1902 by the Northern California Association, on behalf of the 13,000 landless Indians in that State, scattered in about 420 settlements. Many of them were squatters, liable to eviction at a moment's notice. Treaties made with these Indians in 1852 promising new homes, were buried in the Senate archives until this Association succeeded, through Senator Bard, in having them printed as a public document. As a result of the combined effort of the friends of these Indians, sufficient money was appropriated by Congress to provide small homes for these Indians, and those in the southern part of California, who were also in a destitute condition. CIVIL SERVICE REFORM.— From the beginning of its work the Association re- alized that one of the greatest obstacles to progress among the Indians was the character of so many unfit or incompetent employes who owed their places to political pull. It waged a vigorous assault on the spoils system, and when the inefficiency and cowardice of a political agent among the Sioux resulted in violence and bloodshed, in 1890, its demand finally gained consideration. President Harrison then extended the civil service rules to cover 629 posi- tions; and since that time practically all places have been included within the classified 4 service. As the Indian agent was subject to confirmation by the Senate, the position could not be covered by the civil service law, and the political appointee continued to be the rule, with an occasional exception. As an alternative, however, the Association urged that wherever possible the position of agent be abolished and affairs placed in charge of bonded superintendents. This plan was followed with good results until 1908, when an executive order formally abolished the office of Indian Agent. The spoils system has been practically eliminated, so far as appointments are concerned, with a corresponding increase in efficiency among the employes and good progress on the part of the Indians. EDUCATION. — In no branch of the service has there been a greater advance than in the educational work. In 1883 the appropriation for Indian schools was $487,200. The following year, Hon. H. M. Teller, Secretary of the Interior, desiring to take a forward step, appealed to the Association to support his recommendation for increased appropriations for school work. The Association was able to show good results from a meagre expenditure, and appealed to the public, through the press, pamphlets and letters, to demand from Congress adequate support for the schools. This appeal aroused such a strong sentiment that the amount was increased that year about $200,000, and the annual appropriation has grown steadily until it has reached the $4,000,000 mark, — with practically no opposition. In short, opposition and prejudice were overcome; Congress and the people were convinced of the importance of Indian education. The Association was instrumental in blocking the alleged agreement to open to settle- ment 11,000,000 acres of the Great Sioux reservation, in 1883. Many of its provisions were objectionable; it was shown that signatures to the agreement had been improperly obtained. The matter was investigated by a Congressional Committee, and the Association's charges sustained. An equitable bill to open the reservation, drafted by Senator Dawes, was substituted and became a law. In June, 1883, Mrs. George Crook (wife of Brig.-Gen. Crook, U. S. A.) brought to our notice the destitute condition and needs of the Hualapai Indians, in New Mexico. The Association promptly sent Mrs. Crook $150 to meet the most urgent cases, and the matter was so vigorously pressed upon Congress that the sum of $20,000 was appropriated for their relief. Assistance was successfully rendered to the Santee Sioux, in 1883, to secure claims, in accordance with a special law. Their application had been refused by the Land Office in 1882. An appeal to the Secretary of the Interior, by the Association, resulted in an investi- gation and a decision establishing the rights of the Santees in the premises without further legislation. Fifty thousand dollars was asked for in December, 1884, by the Association for the relief of starving Piegan and other Indians of Montana. The amount was promised an^ then refused by the Chairman of the House Indian Committee. The Association stated - the facts of the case to the country, and the Chairman was forced to advocate the bill; $50,000 was appropriated. 5 In February, 1885, by executive order, 500,000 acres of the Crow Creek Indian reserva- tion, in South Dakota, were thrown open illegally, and without compensation to the Indians. The facts were presented to President Cleveland by the Association who revoked the order and restored the lands to the Indfans. The Association secured the passage of an act, in 1885, by which the person or property of an Indian was made amenable to the law. Before this there was no law to restrain crimes committed on the reservations by Indian against Indian, except the rude and in- sufficient punishment fixed by tribal customs. In 1886 land patents were secured for 175 Puyallup Indians, Washington. These had been denied by Secretary Teller, but afterwards given by Secretary Lamar at the instance of the Association. An order for the removal of a part of the Stockbridge Indians from their reservation in Wisconsin, under the provisions of an act of Congress procured through the influence of a lumber ring, was suspended by the authorities (in 1886) when tjie facts were presented by the Association. This saved these Indians from a great wrong. - A cunning scheme to defraud the Indians on the Santee (Nebraska) and Sisseton (South Dakota) reservations of their lands was thwarted by the Association in 1886. An attempt to dispose of a large portion of the Winnebago reservation, Nebraska, to the injury of the Indians, was defeated in 1886. The Association rendered material assistance in securing the passage of the Land in Severalty Bill, by which an Indian could secure an individual title to his land, and also acquire citizenship. This became a law in 1887. When .Geronimo and a small party of hostile Apaches had been captured (in 1888), after causing a great deal of trouble, the clamor of the whites in Arizona was so strong that all of the tribe were removed from their reservation to Fort Marion, Florida, and held as prisoners of war. Of the 500 Indians, not more than 30 were guilty of any recent wrong- doing, and many of them had served in the army as scouts. Public attention was called by the Association to the gross wrong inflicted upon the innocent members of the tribe and their families, as well as to the inadequate and unsanitary quarters where they were herded. Shortly afterwards the Indians were moved to Mt. Vernon Barracks, Ala., where conditions were more favorable. Later, they were settled on the old military reservation at Fort Sill, Oklahoma, where they made good progress toward civilization and self-support. In 1912, largely through our efforts, Congress appropriated $200,000 for the relief and settlement of these Apaches. About one-third of them elected to remain in Oklahoma, while the balance 6 preferred to go to the Mescalero reservation, in New Mexico. By this action they have ceased to be "prisoners of war," even though all but five of the present band were born in captivity. . The Association called attention to the brutal and dangerous system of issuing ration beef to the Indians "on the hoof." By that method the cattle were turned loose at a given time and slaughtered by the Indians through the medium of guns or knives, after the fashion of the old buffalo hunt. The indiscriminate shooting on such occasions made the practice dangerous to all concerned. It was abandoned, and now the cattle are killed in a modern way and the meat distributed by weight to those entitled to rations. The several attempts made in Congress to abolish the Board of Indian Commissioners, on the ground of "economy," were vigorously opposed by the Association. The Board is still in existence and endeavoring to fulfil its proper function. Through the efforts of the Association a bill was passed by Congress in 1892 restoring to the Sisseton Wahpeton Scouts certain annuities which had been confiscated in 1863 by act of Congress, under a misapprehension as to the facts. When a bill for the relief of the Stockbridge and Munsee Indians (which had been pressed by the Association) became a law in 1893, our Washington Agent was detailed by the Government to enroll those entitled to membership in the tribe, and thereby have their rights restored to them. .Believing that the prejudice of the Navajos to education would be diminished by seeing something of the country, the Association raised a special fund of over $750 which enabled the acting agent (an army officer) to take a party of fifteen of them to the World's Fair, at Chicago, in 1893. The efi^ect was almost magical upon the tribe, and greater than was anti- cipated. It resulted in parents bringing their children to school voluntarily, where pre- viously it was almost impossible to get them to come; and also caused a great change in the attitude of the Indians toward the white man's ways. For nine years the Association opposed efforts to remove the Southern Utes from their reservation in Colorado. The matter was finally adjusted in 1895 by giving the Indians their allotments in severalty and opening the surplus land to settlement. The lives of seven Indian policemen on the Cheyenne River reservation, in South Dakota, in 1895, were saved by the Association employing counsel to protect them from the persecution of the local prosecuting officer. They had been ordered by their agent to arrest a ruffian for attempted homicide, and when he rushed at them with an uplifted axe, they had shot him in self-defense. When the case came up for trial, the facts were so clear that the jury promptly acquitted the accused men. 7 An investigation was made by the Association in 1895 into the condition of the Navajos, at a time when the Government protested that no destitution existed. The needs were so great, however, that a private fund of $1300 was raised by the Association and expended for medicinal suppHes, provisions, seed wheat, etc. The Government was forced to recognize the facts, and Congress appropriated $25,000 for their relief, which was made immediately available. The attention of the people of South Carolina was called to the condition and needs of the Catawba Indians in that state (in 1896), which resulted in extra appropriations by the State legislature, and schools being provided from private sources. These Indians are not under the care of the Federal government. On receipt of information, in 1899, concerning the destitute condition of a tribe of Indians on the Copper River, Alaska, from an officer of the United States Army, the Associa- tion brought the matter to the attention of the War Department, urging that some provision be made for their relief. As a result, the Assistant Secretary of War authorized the issue of rations to these Indians for a time that was deemed sufficient to meet their most pressing ■ needs. When an epidemic of smallpox broke out among the Zuni and Moqui Indians of New Mexico (in 1899), the matter was promptly brought to "the attention of the Commissioner of Indian Affairs, who did everything in his power to improve the situation. The Associa- tion raised from private sources about $400 to purchase needed supplies and extra delicacies for the sick that the Government could not authorize. This money was wisely expended by two noble women working among these Indians — Miss Mary E. Dissette and Miss Sara E. Abbott — and did much to cheer and comfort the afflicted Indians. Counsel was employed by the Association (in 1900) to protect three Navajos who had been unjustly indicted for murder by a territorial grand jury. They were acquitted. When the case of three Pueblo Indians who had been unjustly detained in jail, on the charge of murder, without even being able to secure a hearing, was brought to the notice of the Association by friends of the accused men, the matter was called to the attention of the Department of Justice in 1901. That Department investigated the matter, the local grand jury ignored the representations of the District Attorney, and dismissed the case against all of the accused. Another case which nearly cost the lives of two innocent Indians by the overzeal of a prosecuting attorney was that of Spotted Hawk and Little Whirlwind, two Northern Cheyenne Indians. A sheep herder had been murdered by an Indian named Stanley, who confessed his crime, but for some unaccountable reason the prosecuting officer secured the arrest of Spotted Hawk and Little Whirlwind, and mainly on the testimony of the self- 8 confessed murderer they were promptly convicted and Spotted Hawk sentenced to be hung and Little Whirlwind to life imprisonment. The Association, upon learning of the facts, promptly employed counsel to appeal the case of Spotted Hawk — it was unable to take this course on behalf of Little Whirlwind, owing to the failure of his counsel to move for a new trial at the proper time. The decision as to Spotted Hawk was reversed by the Montana Supreme Court, and he was given his liberty. Meanwhile Little Whirlwind was in prison serving a life sentence. Stanley, the real murderer, made another confession, shortly before his death, and as a result of much effort. Little Whirlwind was pardoned by Governor Toole, in 1901, when the facts were presented to his attention by Judge Sanders, on behalf of the Association. In 1901 about 100 Pima Indians, who had been living for twenty-eight years on public lands in Arizona, west of the Salt River reservation, were in danger of being forced off these lands by whites. The Association was appealed to, and so vigorously pressed the case that the Indians were fully protected by the Departrtient. A similar service was rendered to a number of Navajos who had been living for years on some public land in Arizona. Mr. W. R. Johnston, a missionary working among the Nava- jos, came to Washington bringing with him two of the Indians. After a brief interview, the President issued .an order withdrawing from sale and settlement the land in question "until such time as the Indians residing thereon shall have been settled permanently under the provisions of the homestead laws or general allotment act." This made it possible to give to these Indians an absolute title to their allotments. An appeal was received in 1901 from Mrs. Joel Bean on behalf of a small band of 60 Indians in Northern California. Like many other Indians in that state, they had been living on land owned by whites, and were given notice to " move on." They were self-supporting, the Government had never helped them, and would not render aid in this instance. The Association raised a special fund of I312, with which Mrs. Bean purchased a 40 acre tract near their old homes and where they were promptly settled free from further molestation. An effort was made in 1902 by the Interior Department to lease to a cattle syndicate nearly two-thirds of the Standing Rock reservation, in North and South Dakota, for grazing purposes. This proposition was contrary to the wishes of the Indians and in direct violation of an explicit agreement they had entered into with the Department. Appeals for delay were ignored by the Department. The Association secured the services of Rev. T. L. Riggs, a well-known missionary of the Congregational Church, located for years among the Sioux and familiar with their language, to make a thorough investigation. The facts thus secured were submitted to the President, with the suggestion that he send Dr. George Bird Grinnell to make an independent examination and report directly to the Executive. This was done and the matter adjusted to the satisfaction of the Indians. 9 An attempt to remove the Northern Cheyenne Indians from their reservation in Montana was defeated through the efforts of the Association. In 1902, after several years of effort, the Association was instrumental in securing the passage of an act by Congress to protect the timber rights of the Chippewa Indians, in Minnesota. THE LONE WOLF CASE. — In 1901, Lone Wolf, acting on behalf of members of the Kiowa, Comanche and Apache Tribes, filed a bill in equity against the authorities to re- strain them from carrying out the provisions of the alleged fraudulent agreement of 1892, which had been ratified by Congress. The Supreme Court of the District denied the appli- cation for an injunction, and that decision was affirmed by the Court of Appeals. Believing that the rights of the Indians should be maintained if under the law it could b^ done, the Association joined with them in an appeal to the United States Supreme Court, and retained Hampton L. Carson, Esq., of Philadelphia, to argue the case. The decision was against the Indians, however, as on January 5, 1903, Justice White handed down an opinion in which the Supreme Court substantially declared it to be the law of the land that the Indians in their tribal relations have practically no rights whatever which Congress is bound to respect. This decision, while at first startling to the friends of the red man, will probably do more toward breaking up the tribal relations and developing the Indian in his individual capacity than any other result. The Indians at La Pointe Agency, Wisconsin, have large timber interests, and in 1903, when a contract with a lumber company was about to expire, the agent recommended that a new contract be made with the same concern at but a slight advance over former prices, notwithstanding the great increase in the value of lumber. This was unsatisfactory and unfair to the Indians. They appealed to the Association, and the publicity and agitation the subject received resulted in securing one of the best contracts ever executed on behalf of the Indians relating to the sale of pine timber, the price being double what the lumber company paid under the old contract. The scandalous abuses existing in Indian Territory were full> exposed by the Associa- tion in 1903. This resulted in an investigation by direction of President Roosevelt, and many corrective meagures being applied. . The Association drafted a bill, which was passed by Congress in 1903, which has done much to break up the monopoly so long enjoyed by the reservation traders. It makes competition possible, and gives the Indians the benefit of "free trade." An important achievement of the Association was in effecting the passage of a bill (in 1904) prepared by its Washington Agent, to render the title of Indians to their allotments indefeasible except for cause specifically stated. It had been supposed that the Severalty 10 Act fully protected the holdings of Indians, but in 1900 the Secretary of the Interior decided that he had the right to cancel an allotment at any time prior to the expiration of the 25-year trust period. As this claim was supported by a decision of the U. S. Supreme Court, the allotment of every Indian under the Act of 1887 was virtually subject to cancelation at the pleasure of the Secretary of the Interior. Not only would this decision have opened the way for schemes of unscrupulous men to have a desirable holding canceled, but the insecurity of the title was also likely to destroy all incentive to the Indians to make permanent improve- ments on their allotments. The far-reaching effect for good of this measure can hardly be over-estimated. A bill was introduced in Congress (in 1904) to open to settlement 416,000 acres of surplus land on the Rosebud reservation, Gregory County, South Dakota, at a price less than its real value. The Indians appealed to the Association to protect their rights. They were willing to sell the land for $5 an acre, but the bill proposed to give them $2.50. In- vestigation showed that the former figure was a reasonable one. The vigorous agitation produced results; the aid of the President was invoked, and he informed the sponsors for the bill that he would veto it unless the terms were made more satisfactory to the Indians. As a compromise $4 was named as the selling price for the first six months. The Indians received about $800,000 more for this land than was originally offered. The Pueblo Indians, in New Mexico, were in danger of losing their homes through inability to pay taxes levied against them under a decision of the territorial court. To protect them, the Association was instrumental in securing the passage of a bill (in 1905) exempting them from taxation "of any sort whatever." Owing to abuses in connection with the sale of inherited lands, the Association urged in 1905 that they should be disposed of, after due advertisement, to the highest bidder. This plan is now followed by the Indian Office. The Association opposed an effort which was made to divide the Osage reservation into three or four counties, when the Oklahoma-Indian Territory enabling act was before Congress (in 1906), because of the fact that the valuable oil, gas and mineral deposits on the reservation, and police regulations, could be better controlled with the management centralized than by a division of responsibility. A full statement was sent to members of Congress, and when the bill finally passed, it was stipulated that the Osage reservation should constitute a separate county. The protest of the Association in 1906 against the proposed transfer of the management of the reindeer industry in Alaska from the Bureau of Education to the Governor of that territory was effective, and resulted in a decision by Congress to "let well enough alone." It was shown that this industry, under the care of Dr. Sheldon Jackson, had increased from an original herd of 1280, purchased about 20 years ago, to 28,000. The experiment was the II means of relieving much destitution, and is building up a native industry, through means of transportation, as well as a supply of food and clothing, which promises to make the Alaskans self-supporting in the near future. An attempt was made in 1906 to dispose of sorne surplus land on the Lower Brule reservation, in South Dakota, at an inadequate price. The Association laid the facts before the members of the House, and the measure was amended providing that the land should be appraised and sold at its estimated value. In this shape the bill became a law, and it was acceptable to the Indians. The Association co-operated with several organizations to secure the insertion of a clause in the Indian Territory-Oklahoma enabling act, to protect the Indians in the pro- jected new State from the liquor traffic. This was successful; the act stipulating that pro- hibition must be maintained for twenty years, and continue thereafter until the legislature shall provide otherwise. The Standing Rock Indians, in North and South Dakota, were unwilling (in 1907) to approve an agreement to lease a large portion of their surplus land for grazing purposes, which had been very properly urged. by the Indian Office. The matter was fully explained to them by the Washington Agent of the Association, and in the council held to formally ratify the leases they stated that they would not have done so had it not been that their best friends — ^the Indian Rights Association and Miss Collins, the Missionary — -urged them to do so. Such statements are unusual for Indians to make in council proceedings, and are an indication of how highly advice given by the Association is valued. A bill to open to settlement nearly 1,000,000 acres of surplus land in Tripp County, Rosebud reservation, S. D., was introduced in Congress in 1907, naming $5 as the price to be paid per acre. The Indians protested that this was not enough, and appealed to the Asso- ciation to protect their rights. As a result of vigorous opposition, when the measure be- came a law it provided that $6 per acre should be paid for land filed upon during the first six months. A measure brought forward in Congress in 1907 which would have seriously impaired the rights of the Chippewa Indians on the La Pointe reservation, Wisconsin, to their allot- ments, on which is much valuable timber, was defeated through the efforts of the Association, The diversion of Indian trust and treaty funds by order of President Roosevelt for the support of sectarian schools has been opposed by the Association since the practice began in 1904. It is contended that the plan was in violation of an explicit declaration of Congress to "hereafter make no appropriation whatever for education in any sectarian schools." The Indians whose money was thus used protested vigorously, but all attempts to secure legisla- tion to make the provision quoted apply specifically to the treaty and trust funds were un- successful. In 1906 suit was brought by three Rosebud Indians, through the Association's Washington Agent as their attorney, to restrain the Government from using these funds in the manner indicated. A decision was rendered on April 4, 1907, in the District Court (Washington) to the effect that although treaty funds could not be used, trust funds may 12 be so expended. On appeal, the United States Supreme Court dismissed the case, holding that the legislation of 1 895-1 899 did not apply to trust and treaty funds, but only to general appropriations. In 1908, former Commissioner Leupp arbitrarily ordered the confinement of eight Navajos in the military prison at Fort Huachuca, Arizona, at hard labor, for an indetermi- nate period. Although charged with being bad men, they had been given no trial, military or civil. As Commissioner Leupp, in attempting to justify his course in this matter, stated in effect that those Indians would be held in prison until he was ready to release them, "law or no law," the Association felt obliged to institute habeas corpus proceedings to establish the legal status of the case. The Arizona Supreme Court, in a unanimous opinion, decided that the commissioner was wrong, and that an Indian could not be deprived of his liberty without due process of law. These Navajos were subsequently released and returned to their reservation. An important instance showing the need for the Association's work may be cited in the defeat in 1909 of the proposition of former Commissioner Leupp, urged upon the 60th Con- gress, to secure authority of law to punish Indian allottees addicted to the use of liquor, and to punish Indian parents who refused to send their children to school, by forcing upon these two classes of allottees fee-simple patents for the lands held in trust by the Government; the lands, in such cases of punishment, to become subject to immediate taxation, alienation and liability for debts. Such an act would have been in direct violation of the contract of the Government to hold such lands free of all incumbrance during the life of the 25-year trust period. The enormity of this wrong was not understood until the Association, by public appeal, through leaflets and correspondence, directed attention to its serious nature. No argument is necessary to show that drunkards and ignorant parents are the two classes of allottees most in need of protection. As has aptly been said, law may be needed for their protection, but not for their prostitution. The Crow Reservation, in Montana, had for years been controlled by a small ring of men, who boasted of strong political backing, and they used it for their private gain at the expense of those Indians, through the connivance of the agent, who had formerly been em- ployed in a bank of which the leader of this ring was the principal stockholder. For three years the Indian Rights Association sought to have a real investigation made at that point by the Department, but instead of receiving any encouragement, its efforts were blocked at every turn. Secretary Garfield had said to us, "bring me facts, and I will investigate them," but he refused to give us a formal permit to enable us to go on the reservation and get those facts. When our Secretary was sent there for that purpose, a little later, he was promptly arrested and ordered off the reservation at his earliest convenience. When Commissioner Valentine assumed office, however, he prornptly afforded our Secretary every courtesy and facility that were required to go unmolested over the reserva- tion; and when the result of a month's sifting was brought to his attention, he not only ordered an immediate investigation, but Mr. SnifTen was requested to be present to repre- sent the Indians — an invitation that was, of course, accepted. On the basis of the information gathered by our Secretary, the chief supervisor of the 13 Indian Office conducted an investigation during October and November, 1909, and his treatment of the Crow Indians was in decided contrast to their experience with a former inspector two years previous, when, without provocation, their main witness was brutally cursed and ordered from the tent. When the supervisor's report was submitted, however, it proved to be one of "confession and avoidance." He made it plain, certainly in a number of respects, what some of the conditions were, but he avoided placing the responsibility where it belonged — upon the then superintendent. It was clearly proved that this super- intendent knowingly and wilfully permitted the violation of a United States statute by the man he regarded as his real superior, who was NOT an official of the Government, and that provisions of the grazing permits had not been respected. In spite of this and more, however, the Supervisor recommended that the superintendent be "assured of the confi- dence of the Indian Office in his integrity, business ability and moral character." A few months later (in 1910), the superintendent was forced by pressure to resign, notwithstand- ing the "confidence of the Indian Office in his integrity," etc. He was succeeded by an honest and efficient high-grade man, and conditions on the reservation have greatly im- proved. It is significant that the revenue derived from the grazing privileges under the new management will amount, during the fiscal year ending June 30, 1913, to $160,000, whereas under the former superintendent it was $33,001.27. Comment is unnecessary. The Association (in 1910) materially assisted in protecting the Choctaws and Chicka- saws from the effort of an attorney to secure Congressional approval of alleged contracts that would have authorized him to collect from those Indians a fee of over two million dol- ' lars, that he could not possibly earn, or for which he would not have been called upon to render any real service. The tribe was well represented by able attorneys, and did not require any additional counsel. Senator Gore made such a vigorous fight against the scheme that it was defeated in Congress. He also declared that he had been offered a large bribe to withdraw his opposition to the bill that would have legalized this attempted steal. The rights of a group of Papago Indians, who had made their homes on public lands near Maricopa, Arizona, were seriously jeopardized by a " white invasion" in 1910 and 191 1 . This matter was taken up by the Association, and the Indian Office at once sent an official to the vicinity to make immediate allotments to these Indians. The Association filed charges with the Indian Office indicating maladministration on the part of Supt. J. B. Alexander, of the Pima Agency, Arizona, and a general neglect of the welfare of those Indians. Inspector E. B. Linnen, of the Interior Department, was de- tailed in 191 1 to conduct an investigation of these charges, and our Secretary, Mr. Sniffen, was sent to co-operate with him. Inspector Linnen's inquiry was searching and thorough, and occupied about two months. Without going into details, it may be said that all we suspected was found to be true, and a good deal more. The evidence secijred indicated that the Pimas and the Government had for years been systematically robbed. Alexander and a number of his subordinates were, after many months' delay, finally dismissed from the service, and others associated with him were allowed to resign. Although this corruption had existed for years, the "inspecting" officials who had repeatedly visited the Pima Reser- vation found nothing wrong. Previous to Inspector Linnen's work, the superintendent 14 "stood well with the Office," and had been commended for his "splendid administration." Mere dismissal in such cases, however, is not enough. Violations of the United States criminal statutes should be regarded by the Indian Bureau as seriously as they are by the Postal authorities or the Treasury Department. Alexander and three of his colleagues are now under indictment, and awaiting trial in the Federal courts of Arizona, for these abuses. A further instance of flagrant disregard of the rights of the Pima Indians is illustrated in the scheme concocted by a former engineer of the Interior Department, whose plan was aided by the superintendent's failure to inform the Office of the real conditions — for it should be noted that the authorities must depend for information about such matters on its field men. Through inaction of the local agent, the waters from Gila River that belonged to the Pimas were appropriated by whites above the reservation, and in consequence those Indians were reduced to destitution. Instead of recommending action to recover their rights, it was proposed to leave the whites in undisturbed possession of the water, crowd the Pimas on an undesirable section of their reservation, supply them with water from an ex- pensive system of wells, and then sell the balance of their lands (the most desirable portions) to meet the cost of the experimental irrigation system — a system that had been tried and abandoned by neighboring whites, not only on account of the prohibitive cost, but because of the ruinous effect of the alkali water on the soil. The Pimas had been farming success- fully for generations; they knew from experience that the subsurface water would soon ruin their farms, and naturally objected to the plan. Their reservation does not contain an acre in excess of their present needs; but it was proposed to sell about one-third of it toward meeting the cost of installing the system of well-water irrigation, and mortgage the remain- * ing two-thirds for future payment of the expense involved. When the real situation was established by this Association, the Indian Office suspended work on the wells. Commis- sioner Valentine visited the Pima Reservation in the Fall of 191 1 and made a careful study of the situation. His conclusions coincided with our position. He assured the Indians that they would not be compelled to move to the "concentration district," and he strongly urged the Secretary of the Interior to immediately institute legal proceedings to recover, if possible, the waters of the Gila River for the Pimas, taking the ground that the Govern- ment should be just to the Indian before it is generous to the whites. It is interesting to note that following the publicity given this matter^ the Department's engineer, wha was responsible for this costly "blunder " (to put it mildly), involving an outlay of over $500,000, promptly sent in his resignation. Legislation was secured in 1912 directing the Secretary of the Interior to investigate the feasibility of the San Carlos reservoir site. A board of army engineers was appointed to look into the matter, and if their report is favorable, the way will be open to give the Pimas an assured supply of river water. In 191 1, after several years of effort, the Association won a victory for the Yuma In- dians, whereby they will receive allotments of ten acres of irrigable land, instead of five acres, which it was proposed to give them, in addition to a tract of grazing land. Although the previous administration was committed to the smaller allotment and a law had been passed confirming it. Commissioner Valentine, when the facts were brought to his attention, agreed to suspend action pending further legislation that was needed to authorize the larger area. This we were able to secure in an act of Congress, approved March 3, 191 1. 15 In 191 1 we were instrumental in defeating some very vicious legislation, which, had it become a law, would have worked a great injustice to the Bad River Chippewa Indians of Wisconsin. In this instance, as in so many others, we could make a strong presentation of the case to Congress from a thorough knowledge of the situation, obtained from a personal study of conditions on the reservation. The Navajo Indians living on public land in the Coconino Basin district, Arizona, were given allotments a few years ago, as a result of our efforts to protect their rights. Early in 191 1, on the strength of an adverse report, Secretary Ballinger refused to approve these selections. We appealed from this decision and asked for a hearing, which was granted by the Secretary. Mr. W. R. Johnston, an earnest, judicious missionary among the Navajos, came to Washington at our expense to attend this hearing, and the facts presented were so convincing that the Secretary agreed to re-open the case. It had been claimed that these Navajos were not the first settlers and were not using the lands; but we were able to show that the report of the inspector, upon which the Secretary had acted, was ex parte to a great extent; that the Indians had been given no opportunity to substantiate their right to the land, and the recommendation was wholly in the interest of white stockmen who desired the continued free use of the public domain, to the exclusion of the Indians. Mr. Bascom Johnson, of the Indian Office, was detailed to make an exhaustive inquiry on the ground, and upon invitation our Washington agent, Mr. Brosius, and Missionary Johnston, ac- companied him during the month of April, 191 1. The investigation definitely proved that these Navajos were the first settlers and entitled to retain their homes by allotment, in accordance with the well-established policy of the Government to protect Indians in their title to. lands in the public domain, as authorized by the Dawes Severalty Act of 1887 and subsequent laws. Our contention was therefore based on legal as well as moral grounds. A proper settlement of this question means protection not only for this group of Indians, but for about 8,000 other Navajos who are living on the public domain under similar conditions. Mr. Bascom Johnson submitted his report on the subject, in December, 191 1, and if his recommendations are carried out by the Department, there is reason to believe that a satis- factory solution of the former difficulties will have been reached. As yet, however, no action has been taken, but the Navajos have had the benefit of the grazing privileges. The Association called the attention of the Indian Office to the need of protecting Navajo Indians in their claim to lands in ranges 14, 15, and 16, lying south of and adjacent to the San Juan River, New Mexico. These lands are valuable on account of the extensive coal deposits and of their proximity to shipping facilities. Two government officials had filed on 840 acres of this land (which was on the Navajo reservation), claiming that it was- on the public domain; that they had made settlement in good faith and placed valuable improvements thereon. The Association filed evidence to disprove these claims, showing, that the trespassers had knowledge of the location of the reservation before the improve- ments were made, and that the settlements were not made in good faith as homestead entries, but evidently for speculative purposes. After a full investigation by the Indian Bureau it was determined that bona fide settlement was not made in good faith and a recommenda- tion to that effect was approved (in 191 1) by the Secretary of the Interior. The authorities- also decided that the lands in question were a part of the reservation and belonged to the Nayajo Indians. i6 The Association is taking an active interest in the question of the water rights of the Yakima Indians, in the State of Washington, If the matter cannot be properly determined by the Interior Department, legal action will doubtless be taken with a view to holding for the Yakimas the quantity of water to which they are entitled. A bill was drafted by the Association to apply the compulsory education law to the Indian reservations. This is an advance step. The measure is now (1913) pending in Congress. MANAGEMENT. • The work of the Association is conducted under the supervision of Mr. Herbert Welsh, who has served as corresponding secretary during its whole life, without any remuneration whatever, in conjunction with the other officers and an executive committee. The Association keeps in touch with affairs in all parts of the Indian country by visits of its representatives and through correspondence with educated Indians and others. Since the beginning of its work about 635,000 copies of various publications have been distributed with good results. The key-note of its work is embodied in a suggestion made by Secretary Stanton to Bishop Whipple, when the latter went to him on behalf of some of his Indians. The Secretary said: "Why do you come to me? Go to the people. Congress never re- dresses a wrong until the people demand it." The Association has constantly "gone to the people" and their voice has been heeded on numerous occasions. The Association must depend upon the public-spirited people of the country for its support, and those interested in maintaining its work are invited to help by becoming mem- bers (annual dues $2; life membership $25) or by making such a contribution, large or small, as they may care to send. We shall be glad to answer all letters of inquiry, or to give any information desired regarding our work, and to send our publications to any address. All communications should be addressed to HERBERT WELSH, Corresponding Secretary, 995 Drexel Building, Philadelphia, Pa. The Indian Rights Association as a free and independent society has given to the cause of Indian rights disinterested ability of a high order. It has brought to light hidden things of darkness. It has made officials feel that they were under the public eye. It has made ears attentive to cries for help which otherwise had been deaf, and it has given faithful officials the reward and help of knowing that they would have in all their right measures strong public backing. Without it the friends of the Indian would feel that by definite, earnest effort they could accomplish but little and were beating the air. — Rt. Rev. William H. Hare, D.D.. I have known the work of the Indian Rights Association for many years and have had an opportunity to learn of its value in securing the rights of the Indians. With the constant changes going on at Washington, both in the Department and in Congress, it is of vital importance that there should be some who continue to look after the laws relating to Indian affairs. Often wrong is done unintentionally through ignorance. I am glad to bear testimony to the help the Indian Rights Association has rendered in Congress and to many officials, enabling them to know the true state of affairs and to adopt the right course. — ■ Rev. H. B. Frissell, D.D., Principal of the Hampton Normal and Agricultural Institute.