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standing the appointment of special attorneys for these Indians, but little seems to have been accomplished in removing the transgressors and quieting the titles to their lands.

During the past year a plan was formulated whereby the Department of Justice will cooperate to remove the squatters and quiet title in the Indians.

A number of suits have recently been filed, not only for the purpose indicated, but to settle the rights of the Indians to the use of water from irrigation ditches constructed by them years ago and which the whites have appropriated.

In addition to the foregoing steps for the relief of these Indians a draft of legislation has been prepared for submission to the Congress which, in effect, would, if enacted, place the affairs of the Indians of the State of New Mexico under more direct governmental supervision and prevent further alienation of their lands.

CLAIMS OF INDIANS AGAINST UNITED STATES.

During the past year a number of bills have been enacted allowing Indian tribes to take their claims against the Government to the Court of Claims for final hearing and adjudication; and the superintendents in charge of the various Indian tribes so authorized have been instructed to aid the Indians so far as possible and to take such other steps as may be necessary to have them submit the names of suitable attorneys to represent them before the court. The following tribes have been so authorized:

Act of February 11, 1920 (Public 136-66th Cong.), for the Indians of the Fort Berthold Reservation, N. Dak., including the tribes known as Arickarees, Gros Ventres, and Mandans, to take their claims to the court.

Act of April 28, 1920 (Public 189-66th Cong.), for the Iowa Tribe of Indians, Oklahoma, to have their claims heard.

Act of May 26, 1920 (Public 222-66th Cong.), to permit the Klamath and Modoc Tribes of Indians and the Yahooskin Band of Snake Indians to take their claims to the said court.

Act of June 3, 1920 (Public 237-66th Cong.), authorizing the Sioux Tribe of Indians, or any bands thereof, and the Northern Cheyenne and Arapaho Tribes, to have their claims heard.

BLACK HILLS SIOUX CLAIMS.

Congress by the act approved June 3, 1920 (Public, No. 237-66th Cong.), authorized the Sioux Tribe of Indians, or any band or bands thereof, to take their claims of whatsoever nature against the United States to the Court of Claims for a hearing and final determination. This act provides also that any other tribe or band of Indians

might, in the judgment of the court, be joined in the suit which is to be filed within a period of five years after the date of the passage of the act.

The claims of the Great Sioux Nation are of long standing and are based on the provisions of certain treaties and agreements with the Government which these Indians allege have not been fulfilledthe principal claim arising from the so-called "Black Hills" agreement of September 26, 1876, with the Sioux and the Northern Cheyenne and Arapaho Tribes, which was ratified by the act of February 28, 1877 (19 Stat. L., 254).

The claimants, including the Northern Cheyenne and Arapaho Tribes, allege that this agreement under which they ceded to the United States a large tract of land in the southwestern part of Dakota Territory, known as the "Black Hills," was forced upon them, and that they have not been adequately compensated for these lands, which contain very valuable minerals. They also maintain that under articles 7 and 18 of the Treaty of 1868 (15 Stat. L., 635); articles 5 and 8 of the said agreement of 1876; and articles 17, 19, and 20 of the act of March 2, 1889 (25 Stat. L., 888), certain moneys provided therein for educational purposes were not used therefor; that the expenses of surveying and disposing of lands as required by the act last mentioned were wrongfully charged against the Indians; that the Government failed to provide agricultural and other aids to their people as required by articles 8 and 10 of the Treaty of 1868 and article 6 of the agreement of 1876; that clothing and other allowances granted them under article 10 of the Treaty of 1868 have not been furnished; that the expenses of ratifying the act of March 2, 1889, were improperly charged to the Indians; that they were deprived of certain territory east of the Missouri River claimed by them under article 2 of the treaty of 1868; that the expenses of the removal of Sitting Bull were improperly charged against the Sioux fund; that certain timber near Grand Agency and Fort Yates, N. Dak., was taken from them without compensation by the military forces of the Government; that they were not provided with a grist mill as required by article 4 of the Treaty of 1868; and that the United States has failed to pay them for railroad rights of way as required by article 11 of the treaty last mentioned.

These claims were formulated by a council of delegates of members of the tribe chosen from each of the agencies among the Sioux and the Northern Cheyenne and Arapaho Reservations, which council met at Fort Thompson, on the Crow Creek Reservation, S. Dak., April 4-6, 1918. It was my desire, so expressed to the Indians in council, that they should act harmoniously in the preparation of their case and that they discourage the efforts of all seeking to secure selfish ends rather than the real, best interests of the Sioux.

The law authorizing the Sioux to take their claims to the Court of Claims for adjudication was urged by me on Congress, as a measure for finally disposing of these old claims, before the many witnesses cognizant of the facts at the time should pass away.

LEGISLATION.

The Indian appropriation act, approved February 14, 1920 (41 Stat. L., 408), provides approximately $12,532,352.39 for the usual expenses of the Indian Service for the fiscal year 1921. This amount includes gratuity and reimbursable appropriations, treaty obligations, and withdrawals from tribal funds. Among the items of especial interest are the following:

For the suppression of the traffic in intoxicating liquors, $65,000. Owners of irrigable land under any irrigation system heretofore or hereafter constructed are required to begin partial reimbursement of the construction charges, where reimbursement is required by law. Three hundred and fifty thousand dollars is authorized for general health work throughout the Service.

Reservation and nonreservation boarding schools with an average attendance of less than 45 and 80 pupils, respectively, are directed to be discontinued on or before the beginning of the fiscal year 1921. Day schools with an average attendance of less than 8 are also discontinued.

For industrial work and care of timber, including pay of farmers, field matrons, and other employees, $460,000 is authorized.

For the determination of heirs of deceased Indian allottees having any right, title, or interest in any trust or restricted property, $100,000 is appropriated.

A reimbursable appropriation of $100,000 is made to aid Indians in purchasing live stock, farming implements, and so forth.

An appropriation of $40,000 is made for the suppression of contagious diseases among live stock of Indians.

Provision is made for hereafter collecting fees in sales of Indian allotments, leases, assignments of leases, and sale of timber.

Authority is given to sell abandoned day or boarding school plants, or agency plants, located on Indian lands and no longer needed for Indian or administrative purposes.

One hundred and fifty thousand dollars is appropriated for completing the construction of a dam, with bridge superstructure, on the Gila River Indian Reservation, and $75,000 is authorized for a diversion dam at a site above Florence, Ariz.

For the relief of distress among the full-blood Choctaws of Mississippi, $65,000 is appropriated.

For irrigation work in Montana the following amounts are appropriated: Fort Belknap, $30,000; Flathead, $200,000; Fort Peck, $40,000; Blackfeet, $25,000; Crow, $100,000.

Authority is given to allot coal lands on the Fort Peck Reservation, Mont., reserving the minerals to the Fort Peck Tribe of Indians.

One hundred thousand dollars is authorized for the purchase of lands for the Navajo Tribe of Indians.

Authority is given to allot unallotted children on the Fort Berthold Reservation, N. Dak., allotments to be made from the surplus and undisposed-of lands on the diminished portion of said reservation. Coal or other land classified as mineral may be allotted, but the coal or other minerals are reserved for the benefit of the tribe.

For the expenses of oil and gas operations in the Osage Nation, Okla., $45,000 is authorized.

One hundred and ninety-five thousand dollars is provided for the administration of the affairs of the Five Civilized Tribes, Oklahoma. A per capita payment of not exceeding $100 is authorized for the Choctaws and Chickasaws in Oklahoma.

An appropriation of $250,000 is made for the Wapato irrigation project, Yakima Reservation, Wash.

For the St. Croix Chippewas in Wisconsin $10,000 is appropriated. Miscellaneous Indian tribal funds aggregating $1,367,177 are authorized to be withdrawn for the benefit of the various tribes.

Other items of legislation passed during the year include the act of November 23, 1919, which confers citizenship on every Indian who served in the war against Germany, if he has received or hereafter receives his honorable discharge, if the Indian so desires such citizenship.

Authority is given in the act of February 25, 1920, to make allotments to all unallotted living children enrolled with the Flathead Tribe, or entitled to enrollment, said allotments to be made from unallotted or unsold lands within the original limits of the Flathead Reservation, including the area classified as timber lands, cut-over lands, burned or barren lands.

During the year four acts were passed authorizing various tribes of Indians to submit their claims to the Court of Claims. The act approved February 11, 1920, authorizes the Indians of the Fort Berthold Reservation, N. Dak., including the Arickaree, Gros Ventre, and Mandan, to take their claims to the Court of Claims.

The act of April 28, 1920, authorizes the Iowa Tribe in Oklahoma to submit their claims for hearing and adjudication.

The act approved May 26, 1920, permits the Klamath and Modoc Tribes, Oregon, and the Yahooskin Band of Snake Indians, to submit their claims to the Court of Claims.

The act approved June 3, 1920, authorizes the Sioux Tribe of Indians, or any bands thereof, and the Northern Cheyenne and Arapaho Tribes to have their claims heard by the Court of Claims.

There was also passed, during the last session of Congress, an act known as the Crow act. This act, approved June 4, 1920, provides for the allotment of lands of the Crow Tribe and the distribution of tribal funds. Fifty thousand dollars is appropriated for necessary expenses of surveys, allotments, etc., provided in the act. Every member of the Crow Tribe shall designate a homestead of 640 acres, which shall remain inalienable for a period of 25 years, or until the death of the allottee. Soldiers, seamen, or marines who served in the war against Germany, in the Civil War, or in any war in which the United States was engaged with a foreign power, for a period of 90 days, who will actually settle on the land may purchase allotted and inherited land held in trust and offered for sale with the consent of the allottee and pay for same in 20 annual installments.

COURT DECISIONS.

The United States v. The Board of County Commissioners of Osage County, Oklahoma (decision of Supreme Court of United States rendered December 15, 1919).-This suit was brought in the name of the United States for the benefit of named noncompetent members of the Osage Tribe of Indians and of all other members in the same situation, to prevent the enforcement of State and local taxes assessed against the surplus, although taxable, lands of said Indians for the years 1910 and 1917, inclusive. It was held by the Supreme Court that as the United States as guardian of the Indians had the duty to protect them from spoliation, and therefore the right to prevent their being illegally deprived of the property rights conferred under the act of Congress of 1906, the power existed in the officers of the United States to invoke relief for the accomplishment of the purpose stated and that the act of Congress of 1917 providing for the appraisement of the lands in question by necessary implication, if not in express terms, treated the power of the officers of the United States to resist the illegal assessment as undoubted.

Ash Sheep Company v. United States (decided by United States Supreme Court March 1, 1920).-It was held by the court in this case that lands ceded to the United States by the Crow Indians by the agreement ratified by the act of April 27, 1904, remained" Indian lands" after said cession and sustained the action of the lower court in granting a permanent injunction restraining the Ash Sheep Cc. from trespassing by grazing sheep thereon and giving a judgment for a penalty for the same trespass.

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