large acreages of Indian lands have been leased for oil and gasmining purposes during the past fiscal year. There are now in effect oil and gas leases in practically every State where restricted Indian lands are situated. In view of the fact that a number of operators were precluded from acquiring additional leases on the Kiowa Reservation on account of their holdings on other reservations in Oklahoma, and to meet the peculiar conditions obtaining there, it was deemed expedient to draft separate regulations applicable only to this reservation. These regulations were approved on November 25, 1919, and under them any individual, partnership, company, corporation, or association may acquire leases there aggregating not to exceed 4,800 acres. They provide that at such times and in such manner as he may deem appropriate the superintendent shall publish notices that specific tracts will be offered at public auction to the highest responsible bidder for a bonus consideration in addition to stipulated royalties. These sales are held at Anadarko, Okla., about every two months. At each sale held during the past year the bidding has been spirited and the Indians have received in cash bonuses for their leases very good prices. On the Otoe Reservation, now under the Pawnee Agency, 1,630 acres were leased for oil and gas during the year ended on June 30, 1920, making a total under lease on that date of 25,701.22 acres. Leases on a total of 4,240 acres were made on the Kaw Reservation during the year. While there is not at the present time any production on this reservation, two wells are in progress of drilling and a rig is up for a third one. The prospects that oil and gas will be found in commercial quantities are exceedingly bright. The revenue accruing to the Kaw Indians from their oil and gas leases exceeded $50,000 for the period for which this report is made. PROBATE WORK IN EASTERN OKLAHOMA. The work of our probate attorneys has continued in eastern Oklahoma with beneficial results to restricted Indians of the Five Civilized Tribes and Quapaw Agency. Those Indians who, for want of education, lack of business experience, or because of age or other condition, as a rule, are unable properly to protect themselves in matters affecting their property, have been cared for by these officials in matters relating to guardianship, administration of estates, transactions of various kinds concerning inherited and restricted property, and in regard to the conservation and use of their restricted lands and funds. A marked change in the attitude of the county courts toward the probate attorneys has been noted. At one time it seemed as if the judges in some of the courts entertained the view that the probate attorneys had no legal right to appear in their courts on behalf of the Indians, but this condition no longer exists. The decision of June 17, 1919, of the Supreme Court of Oklahoma in the case of Hickory et al. v. Campbell et al. (182 Pac., 233) was largely the means of clearing up the situation as to the powers and duties of the probate attorneys under the Federal statutes. Besides examining witnesses and preparing cases for the courts, and prosecuting or defending them to a final conclusion, they hold consultations with Indians seeking advice; prepare leases and other legal instruments for the Indians; investigate the validity of legal instruments submitted to them by the Indians, and often aid in placing minor Indians in school. Indians frequently, without consulting the probate attorneys, execute instruments relative to their lands for an inadequate consideration, and after discovering that they have been wronged appeal for help. Probate attorneys are in close touch with the Indian Office and make each month a report of the work, and also render separate reports in special cases. Most of the attorneys have familarized themselves with the life and thought of the Indian and thus gained his confidence, in consequence of which these law officers are regarded with increasing favor. The following instances are illustrative of the work of the probate attorneys: In one case a sale of certain inherited lands was made by a fullblood Indian. The probate attorney and the county judge were led to believe that the entire consideration, $2,900, was to be paid to the Indian. The Indian could neither read nor write; she spoke or understood no English. The court approved the sale and the deed was delivered to the purchaser. The consideration in the form of a check was given to the Indian. The purchaser accompanied the Indian to the bank, where it was intended to have the check cashed. In the transaction at the bank the purchaser procured the mark of the Indian to a check for $1,450, one-half of the consideration, which he converted to his own use. When this was discovered suit was immediately filed to cancel the deed and the deed was canceled. In another case, the district court of the county where the action. arose perpetually enjoined the county commissioner from levying assessments or collecting taxes against the lands of restricted Indians for drainage purposes. This case affected 128 restricted Indians and represents a saving to them of $49,805.89. In two other cases a former guardian of minors sold their surplus allotments by order of the county court, and the guardianship deed had been executed and placed upon record. Investigation was made, and it being found that the guardian had never received any consideration for the lands suit was filed and the lands recovered. The following statistical table shows certain savings to minor allottees and others, but does not show the entire amount actually saved, for the reason that many savings are effected in cases wherein the amount recovered can not be determined in dollars and cents: Amount involved in civil actions instituted___ (a) Bank deposits- (b) Investments_. Amount saved to minors and others. Regular cases in which attorneys appeared. Civil actions instituted__ Civil actions finally determined. Criminal actions instituted__ Criminal actions finally determined_ New bonds filed----- Guardians removed or discharged_ Inherited land sales___. Minor allotments sales Citations issued Quit-claim deeds obtained $475, 237.26 939, 170.00 725, 987. 92 466, 516. 18 1, 130, 360. 09 6, 997 185 178 12 5 851 500 1, 145 198 57 57 41, 244 41, 931 545 983 1, 138 Official letters and reports_ Conferences with allottees and others (approximately). Leases drafted by probate attorneys__. Other leases passed upon by probate attorneys. OKLAHOMA INDIANS. During nearly eight years of study and endeavor, closely related to both collective and individual conditions among the Indians, my interest has been constant and sympathetic in the large number living within the State of Oklahoma, most of whom were made citizens of the United States nearly 20 years ago and all of whom exemplify in many ways the progress of the Indian toward the standards and achievements of civilized life to which our efforts for their entire race are directed and which large groups in other States have already attained. My response to a request by the publishers of Harlow's Weekly for information concerning the Oklahoma Indians was of such content as, I believe, may be appropriately included in this report, and it therefore appears below: FACTS ABOUT THE INDIANS IN OKLAHOMA. By CATO SELLS, U. S. Commissioner of Indian Affairs. The Choctaw word "Oklahoma" is destined to hold a prominent, permanent, and honored place among the many Indian terms that are written into the annals of every State in the Union. Its meaning is at once suggestive of the large Indian population within the prosperous Commonwealth of that name, now considerably more than double that of any other State, and of which the Five Civilized Tribes are an important local factor, since they embrace more than five-sixths of their race in Oklahoma. Prior to 1830, these tribes, composed of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Indians, occupied different sections of the Southern States east of the Mississippi River. They are of the old Iroquoian and Muskogean families, who in earlier times produced many valiant leaders in war, besides others of notable inventive and literary genius, and to-day they fill with credit various important places of trust and furnish men of distinction in the highest councils of the Nation. These Indians had made considerable progress in communal activities before accepting, under treaties, lands west of the Mississippi and, after removal, reestablished their tribal governments, held and owned in common the land within their respective nations, and controlled their own affairs largely independent of the Federal Government. But their productive acres were attractive, and their practice of leasing them admitted large numbers of whites, many of whom were desirable settlers, but among them were adventurers and fortune hunters who introduced conditions beyond the control of tribal governments and made it necessary for Congress to take steps for the correction of lawless tendencies. In 1893, therefore, the Dawes Commission was appointed, having in view a gradual transition from tribal government and communal estates to the allotment of land in severalty, the development of individual competency as a basis for citizenship, and the establishment of law and order as an essential to statehood. To this end the securing of agreements with the Five Tribes, the preparation of a complete roll of their members, the survey and allotment of their extensive real property, and the adjustment of some 10,000 contests between claimants, became an immense task covering practically one-third of all the Indians in the United States. The passage of over 200 laws by Congress relating to these Indians is suggestive of the scope of their large interests and the difficulty of administering them. On the final rolls of these tribes were 101,506 persons, of whom 26,774 were classified as full bloods. They had a little less than 20,000,000 acres of land, of which nearly 16,000,000 acres were allotted to enrolled members, and about 150,000 acres reserved for town sites, schools, churches, and other purposes. Sales of town lots have been made from more than 300 town sites for approximately $5,000,000. The sales of unallotted tribal land have occurred entirely within the last decade and largely within my administration. These have been held each year and are now practically completed, covering over three and a half million acres for considerably more than $20,000,000. In addition the sale of Choctaw and Chickasaw lands containing coal and asphalt deposits has brought nearly two millions, and leases and royalties for the mining of these deposits about five millions more. During the last seven years nearly 2,000,000 acres of unallotted tribal lands have been sold, the tribal affairs of the Cherokee and Seminole Nations practically closed, and the Creek, Chickasaw, and Choctaw tribal relations are fast approaching dissolution. Following the disposition of tribal property and the termination of tribal affairs our administrative work in eastern Oklahoma relates chiefly to restricted Indians who, by my order of August 6, 1919, removing unconditionally restrictions on all allottees of one-half Indian blood, now number only 21,213. Their allotments comprising 2,683,819 acres are restricted as to alienation and subject to governmental supervision. The distribution of tribal funds, including payments in equalization of allotments made to the Five Civilized Tribes, now exceeds $26,000,000. REVENUE FROM OIL AND GAS. These Indians have also shared in the recent marvelous returns from oil and gas in the great Oklahoma districts, and up to 1919 there had been collected for the benefit of their individual members from leases and royalties approximately $32,000,000. Income from other sources to that date swells their receipts of individual moneys to $60,000,000. More than 40,000 oil and gas mining leases of restricted Indian lands have been made, and the production of oil alone on such lands from July, 1913, to July, 1919, inclusive, amounting to 157,000,000 barrels, returned a revenue of approximately $20,000,000. Since only about 15 per cent of their allotments is now restricted, the mineral returns from all allotted lands are much greater than these figures indicate. PROTECTION OF INDIAN MINORS. There are about 27,000 full-blood Indians in the Five Civilized Tribes, a large number of whom, with others of the restricted class, will need governmental direction for some time in the management of their affairs, and it is my policy to give the property rights of such Indians as these adequate protection, for I long ago discovered that wherever there are incompetent Indians there will be found the unscrupulous ready to despoil them of their possessions. Early in my official term it became apparent that some of the county judges in whose courts were administered guardianships of minors and estates of deceased Indians were not always mindful of this trust. Many guardians were appointed without regard to their fitness; insolvent bondsmen were accepted; lands of minor Indians were sold on appraisements influenced by prospective purchasers or for inadequate prices; guardians were excessively compensated; unreasonably large fees were paid to attorneys, and the property of Indian children and estates of decedents were being wasted under corrupting influences. I immediately took steps to reform this condition. Numerous conferences were held with county judges and others interested. They recognized the debasing practices connected with this important branch of Indian administration and earnestly cooperated with all my efforts to effect a system of probate procedure that would adequately protect our Indian wards. Suggested rules adopted by the county judges were approved by the president of the State county judges association and afterwards officially adopted and promulgated by the justices of the Supreme Court of Oklahoma. Under these rules the United States could appear in the probate courts only by its attorneys, which necessitated the establishing of a corps of legal representatives known as probate attorneys, each assigned to a particular probate district. There are 20 of these probate attorneys, one of them being a woman. They have many difficult problems with which to cope, especially as to having proper disposition made of funds belonging to individual Indians, as in the oil districts, where large incomes are not infrequent. They have been the means of preventing much wasteful extravagance and incompetence by their supervision of probate cases, by checking reports of guardians, requiring new bonds, and in preventing losses to dependent Indian estates worth millions of dollars. There is no more important function of the work of the Commissioner of Indian Affairs than that involved in the protection of the estates of minor Indian chil |