72D CONGRESS 1st Session } SENATE { REPORT No. 217 TO AUTHORIZE THE PRESENTATION OF A MEDAL OF HONOR, POSTHUMOUSLY, TO THE LATE HENRY CLAY DREXLER FEBRUARY 5 (calendar day, FEBRUARY 10), 1932.-Ordered to be printed Mr. KEAN, from the Committee on Naval Affairs, submitted the following REPORT [To accompany S. 2200] The Committee on Naval Affairs, to whom was referred the bill (S. 2200) to authorize the presentation of a medal of honor, posthumously, to the late Henry Clay Drexler, having considered the same, report favorably thereon, with amendments, and as amended recommend that the bill do pass. Line 5, following the comma after the word "Navy" strike out all of the ensuing language and insert in lieu thereof the following: "and to the late George Robert Cholister, boatswain's mate, first class, United States Navy, for their heroic action in endeavoring to submerge a charge of powder in an immersion tank on the occasion of a fire in the forward turret of the United States steamship Trenton, wherein they met their death in a supreme effort to save their shipmates." Amend the title of the bill so as to read: A bill to authorize the presentation of a medal of honor, posthumously, to the late Henry Clay Drexler and to the late George Robert Cholister, boatswain's mate first class, United States Navy. A similar bill was considered during the Seventy-first Congress, and passed the Senate on February 10, 1931; that bill met with the approval of the Navy Department, as shown by the Secretary's letter of January 23, 1931, herewith made a part of this report: The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, NAVY DEPARTMENT, Washington, January 28, 1931. United States Senate, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's communication dated December 22, 1930, transmitting the bill (S. 5481) to authorize the presentation of a medal of honor, posthumously, to the late Henry Clay Drexler, and requesting the views of the Navy Department relative to this measure, I have the honor to inform the committee as follows: The purpose of this bill is to authorize the President to present, in the name of Congress, a medal of honor, posthumously, to the late Henry Clay Drexler, former ensign, United States Navy, for his heroic action in endeavoring to submerge a charge of powder in an immersion tank on the occasion of a fire in the forward turret of the U. S. S. Trenton, wherein he met his death in a supreme effort to save his shipmates. The bill S. 5481, if enacted, will result in no additional cost to the Government. In view of the above, the Navy Department interposes no objection to the enactment of the bill S. 5481. Inasmuch as the heroic conduct of the late George Robert Cholister, boatswain's mate first class, United States Navy, was almost identical with that of the late Ensign Henry Clay Drexler, United States Navy, on the same occasion and at the same time, the Navy Department suggests that his name be included in the bill S. 5481. Sincerely yours, C. F. ADAMS, Secretary of the Navy. O FEBRUARY 5 (calendar day, FEBRUARY 10), 1932.-Ordered to be printed Mr. THOMAS of Oklahoma, from the Committee on Indian Affairs, submitted the following REPORT [To accompany S. 1839] The Committee on Indian Affairs, to whom was referred the bill (S. 1839) to authorize the creation of Indian trust estates, and for other purposes, having considered the same, report favorably thereon with a recommendation that the bill do pass with the following amendments: On page 1, line 5, after the words "any Indian" and before the words "over the age" insert the words "except members under the supervision of the Quapaw Indian Agency located at Miami, Oklahoma,". On page 1, line 7, after the words "Secretary of the Interior" and before the words "to create and establish", insert the words "in Oklahoma". On page 2, line 4, after the word "Provided" strike out all of the language and all of lines 5, 6, 7, and in line 8 strike out the words "Provided further". On page 3, line 8, after the words "be subject to" strike out the word "taxation,"; in line 16 after the words "provided shall" strike out the words "during the restriction"; and in line 17 strike out the words "period provided by law". On page 3, line 21, strike out all of the language and in line 22 strike out the words "provided by law". This bill has the recommendation of the Secretary of the Interior if amended as suggested in the following letter, which is appended hereto and made a part of this report: Hon. LYNN J. FRAZIER, DEPARTMENT OF THE INTERIOR, Chairman Committee on Indian Affairs, United States Senate. MY DEAR MR. CHAIRMAN: In response to your request of December 17, 1931, for a report on S. 1839, which is a bill that would authorize the creation of Indian trust estates, and for other purposes, I transmit herewith a memorandum on the subject that has been submitted by the Commissioner of Indian Affairs. After a review of the proposed measure, I agree with the commissioner. Very truly yours, RAY LYMAN WILBUR, Secretary. Memorandum for the Secretary. DEPARTMENT OF THE INTERIOR, This will refer to Senate bill 1839, to authorize the creation of Indian trust estates, upon which a report has been requested by the Chairman of the Senate Committee on Indian Affairs. On October 5, 1929, the Attorney General rendered an opinion in which he held that under present law the Secretary of the Interior is without authority to create or approve the creation of private trusts involving the use of restricted Indian moneys, or to transfer such funds to agencies outside of the department for the purpose of such trusts (36 Ops. Atty. Gen. 98). The opinion intimated that the Secretary of the Interior could, of course, remove the restrictions from Indian funds and thereafter the Indians would have the right to use the funds as they saw fit and could create private trusts with the released funds, with any trust company. There are a number of our most intelligent and best educated Indians of considerable wealth whom we would like to see afforded the same advantages of a modern private trust, subject to the approval and supervision of the Secretary of the Interior, as are enjoyed by white citizens. Some of them have applied to the department to have their restricted funds so used, but we can render them no assistance in that direction under present law. These Indians in most cases are sufficiently competent and experienced to understand the general nature and purpose of a trust agreement and to indicate fair and equitable wishes and desires regarding the administration of the trust and the final distribution of the corpus of the property upon the termination of the trust. With proper assistance in the selection of a trustee and in formulating the terms of a trust agreement their restricted property can be so placed as to provide for a sufficient income to maintain them and such beneficiaries as they may choose, in comfort for a number of years and at the same time conserve the corpus of the trust estate for distribution upon termination of the trust period. We would hesitate to release the restricted funds in some cases to the individual for unrestricted expenditure and use, fearing from past experiences that much of the money would soon be unwisely expended, which is the case as well with many white persons who have money acquired by little or no personal effort, and both the individual Indian and his immediate family would soon be in want. Great pressure is brought by parties interested in separating the Indians from their money, and in many cases by Indians themselves, upon the superintendents of our Indian agencies and upon the department to purchase various and sundry things with Indian moneys or to make loans on all kinds and classes of securities and even to pay out the money without restrictions and to obtain investments of the Indians' money in all kinds of enterprises. We believe that in cases of rich Indians of the restricted class the creation out of their restricted funds and property of trust estates in the hands of well established and competent trust companies or corporations, qualified and authorized by law to exercise trust powers, for the benefit of the particular Indians, their heirs or other beneficiaries designated by them, is sound policy and good business, and in many cases would provide a way of better serving the interests of these rich Indians than is now open under existing law. We desire to call attention, however, to the proviso beginning in line 4 and ending with line 7, page 2, of S. 1839, which requires that the trustee shall reside in the State where the Indian lives or where the land from which the funds originated is located. We believe that the Indians should have the privilege of selecting a trustee anywhere they may choose in the continental United States. To restrict them to a particular State is a limitation not applicable to the white man and one which, on general principles, we think should not be placed upon the Indians. We suggest, therefore, that the language beginning with the word "provided" in line 4, and ending with the word "located" in line 7, page 2, of the bill, be stricken out. We also suggest that the following proviso be added at the end of section 6 of the bill: "Provided however, That trusts created under the provisions of this act shall not extend beyond a period of twenty-one years after the death of the last survivor of the named beneficiaries in said trust agreement." This is suggested so as to avoid violating the usual rule against perpetuities. It is further recommended that the words "during the restriction period provided by law," lines 16 and 17, page 3, be stricken from the bill. Also that the words, "prior to the date of the expiration of the restriction period provided by law," lines 21 and 22, same page, be eliminated and the following substituted therefor: "during the period provided in such trust agreement or contract." This is suggested so that regardless of whether such trust agreements are broken for any cause, either before or after the period of restrictions provided by existing law, during the life of such trust agreements, of course, the corpus of such trust estate would then be returnable to the Secretary of the Interior for further supervision. With these suggested amendments we recommend the enactment of the bill. C. S. RHODES, Commissioner. |