SENATE 72D CONGRESS 1st Session } { REPORT No. 462 TLINGIT AND HAIDA INDIANS OF ALASKA TO BRING SUIT IN THE UNITED STATES COURT OF CLAIMS, CONFERRING JURISDICTION TO HEAR AND RENDER JUDGMENT MARCH 23 (calendar day, MARCH 24), 1932.-Ordered to be printed Mr. FRAZIER, from the Committee on Indian Affairs, submitted the following REPORT [To accompany S. 1196] The Committee on Indian Affairs, to whom was referred the bill (S. 1196) authorizing the Tlingit and Haida Indians of Alaska to bring suit in the United States Court of Claims, and conferring jurisdiction upon said court to hear, examine, adjudicate, and enter judgment upon any and all claims which said Indians may have, or claim to have, against the United States, and for other purposes, having considered the same, report favorably thereon with a recommendation that the bill do pass without amendment. A hearing was held on this bill on March 23, 1932, at which time the Delegate to Congress from Alaska, Hon. James Wickersham, of Juneau, Alaska, gave the Senate Indian Affairs Committee the history and facts upon which this claim is based. The report of the Secretary of the Interior 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: Further reference is made to your request of December 17, 1931, for report on Senate 1196, which would authorize the Tlingit and Haida Indians of Alaska to bring suit in the Court of Claims. The Commissioner of Indian Affairs advises me that the files in his office do not disclose any information in connection with the claims involved and it is necessary that we refer the matter to officials in Alaska before we can submit a report on the bill. Upon receipt of information a report will be submitted. Very truly yours, RAY LYMAN WILBUR, Secretary. DEPARTMENT OF THE INTERIOR, Hon. LYNN J. FRAZIER, 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. 1196, authorizing suit in the Court of Claims by the Tlingit and Haida Indians, 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. RAY LYMAN WILBUR, Secretary. Memorandum for the Secretary. DEPARTMENT OF THE INTERIOR, Reference is made to the accompanying letter dated December 17, 1931, from Hon. Lynn J. Frazier, chairman Senate Committee on Indian Affairs, with which is transmitted a copy of S. 1196. The purpose of the bill is to confer upon the Court of Claims jurisdiction to hear and determine claims of the Tlingit and Haida Indians of Alaska against the United States. These Indians, by the terms of the bill, are defined as all those Indians of the whole or mixed blood of the Tlingit and Haida Tribes who were residing in Russian America, now called the Territory of Alaska, on March 30, 1867, in the region known and described as southeastern Alaska, lying east of the one hundred and forty-first meridian, and their descendants of the whole or mixed blood now living in the Territory of Alaska, or in the United States, or elsewhere. The bill includes all claims of whatsoever nature, legal or equitable, which the said Indians may have or claim to have against the United States, for lands or other tribal, community, or individual property rights, taken from them by the United States without compensation therefor, or for the failure or refusal of the United States to compensate them for said lands or property rights, and which the United States appropriated to its own uses and purposes without the consent of said Indians, at the time of the purchase of said Russian America, now Alaska, from Russia, or at any time since that date and prior to passage and approval of the act. It is provided that the claims may be presented and prosecuted separately or jointly in one or more suits, and that any payment which may have been made by the United States or moneys heretofore or hereafter expended to date of award for the benefit of said Indians under specific appropriations for the support, education, health, and civilization of said Indians, may be pleaded by way of set-off. Section 8 provides that the amount of any judgment shall be paid in installments, and that said payments shall be made to the Indians by the Secretary of the Interior per capita in equal shares. Section 9 authorizes the court to inquire into the agreement or contract which said Indians have made with their attorneys for compensation for their services in said suit or suits and limits the compensation to 10 per cent of the amount of total recovery. Copies of pleadings are to be served upon the Attorney General of the United States and he, or some attorney designated by him, is directed to appear and defend the interests of the United States in such cases. It is noted that the bill relates to only the region known and described as southeastern Alaska lying east of the one hundred and forty-first meridian and to two specified tribes, but no information is available in this department which discloses any reason for distinguishing this section and these tribes from other Indians residing at various places in the large area constituting the remainder of the territory. The bill is broad and general in its terms with respect to the character of the claims which relate to lands or other tribal, community, or individual property rights taken from these Indians by the United States without compensation. The domain embraced in the Territory of Alaska was acquired from Russia in 1867 by treaty dated March 30 of that year (15 Stat. 539). With reference to the rights of individuals in the territory so ceded, Article III of the treaty provides: "The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may, from time to time, adopt in regard to aboriginal tribes of that country." The act of May 17, 1884 (23 Stat. 24), which virtually constitutes the organic act for the Territory of Alaska, expressly declares in section 8 "That the Indians or other persons in said district shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them but the terms under which such persons may acquire title to such lands is reserved for future legislation by Congress." From an early date Congress has consistently recognized and respected the rights of the natives of Alaska in and to the lands occupied by them, and in harmony with the clear legislative intent this department in its administration of the public-land laws has been guided by the policy expressed by Congress. Section 11, et seq., of the act of March 3, 1891 (26 Stat. 1095, 1099), authorizing the establishment of town sites in Alaska, the acquisition by individuals of limited areas for trade or manufacturing purposes, etc., expressly excepts, in section 14, "any lands * * * to which the natives of Alaska have prior rights by virtue of actual occupation." These rights were also expressly protected in the act extending homestead laws and providing for right of way for railroads in the district of Alaska and for other purposes approved May 14, 1898 (30 Stat. 412), and in the act making further provision for a civil government for Alaska and for other purposes, approved June 6, 1900 (31 Stat. 330). The act of May 17, 1906 (34 Stat. 197), provided for the making of homestead allotments to Indians or Eskimos, and the act of May 25, 1926 (44 Stat. 630), expressly recognizes their rights to lands occupied by them in towns or villages and provides a means whereby patent may be secured for such lands. As heretofore shown, Article III of the treaty of cession conferred citizenship on all of the inhabitants of the ceded territory "with the exception of the uncivilized tribes" therein and declared that they "will be subject to such laws and regulations as the United States may, from time to time, adopt in regard to aboriginal tribes of that country." For a long time after the cession of this territory Congress took no particular notice of these natives. It never undertook to hamper their individual movements, confine them to a locality or reservation, or to place them under the immediate control of its officers as has been the case with the American Indians and no special provision was made for their support and education until later. In the earlier days it was held by the courts and the Attorney General that these natives did not bear the same relation to our Government in any respect that was borne by the American Indians. Later, however, Congress began to recognize these natives as being, to a considerable extent at least, under the guardianship of the Government and enacted laws which protected them in the possession of the lands they occupied, made provision for the allotment of lands to them in severalty, gave them special hunting, fishing, and other privileges to enable them to support themselves, and supplied funds to give them medical and hospital treatment and made and is still making extensive appropriations to defray the expenses of their education and their support. Although heretofore on a number of occasions Congress has authorized the bringing of suits in the Court of Claims on behalf of Indians inhabiting various States of the United States, the subject matter of S. 1196 with respect to Alaska is without precedent. It also appears that in the cases where Congress has given jurisdiction to the Court of Claims the claims asserted were based on some treaty obligation or on some express or implied understanding between the United States and the Indians affected. A notable example is found in the act of May 18, 1928 (45 Stat. 602), authorizing the attorney general of the State of California to bring suit in the Court of Claims on behalf of the Indians of California. In that instance the claims were based on the fact that in 1851 and 1852, 18 treaties were made with the different tribes of Indians in California executed on the part of the Government by the United States Indian agent and on the part of the Indians by certain chiefs and headmen. They were submitted to the Senate for ratification but were rejected. The Indians claimed that at the time they negotiated the treaties they were in possession of a very large portion of California, and that in consideration of the benefits provided by the treaties they ceded to the Government all their rights to their lands with the exception of certain lands described in the treaties which would belong to them had the treaties been ratified, and that by reason of the treaties having been rejected they received no consideration or compensation whatsoever for their lands. That act also provided that the amount of any judgment shall be placed in the Treasury of the United States to the credit of the Indians of California and shall be thereafter subject to appropriation by Congress for educational, health, industrial, and other purposes for the benefit of the said Indians, including the purchase of lands and building of homes. With respect to Alaska the situation is different. With the exceptions noted in the treaty of cession the title to all the lands embraced in the domain ceded was acquired by the United States. The rights of the natives in the lands occupied by them have consistently been safeguarded by Congress. These rights are respected and protected by applicable administrative regulations and likewise by the courts where cases have arisen through encroachment upon them. In view of the long-established policy, it seems clear that any actions based upon a general assertion of ownership on the part of the natives with respect to lands not actually occupied by them would be without foundation in law or fact, and the expenses incidental to pursuing this litigation would entail an unnecessary burden upon the natives not commensurate with any benefits they may hope to secure. Furthermore, the provision in the bill for the distribution of any moneys recovered among the natives per capita would be inconsistent with the plan adopted in the act affecting the Indians of California. As heretofore pointed out, Congress is contributing to the education and support of the Alaska natives as required and the necessity of creating a fund for this purpose, through moneys which may be recovered from litigating claims, is not apparent. After careful consideration of the matter, I perceive no need for the enactment of legislation proposed in S. 1196. This bill is identical with H. R. 5605, on which a similar report is being made. C. J. RHOADS, Commissioner. MARCH 23 (calendar day, MARCH 24), 1932.-Ordered to be printed Mr. NYE, from the Committee on Public Lands and Surveys, submitted the following REPORT [To accompany S. 2983] The Committee on Public Lands and Surveys, to whom was referred the bill (S. 2983) for the relief of homesteaders on the Diminished Colville Indian Reservation, Wash., having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: On page 2, line 13, after the word "shall" strike out the word "upon" and all down to and including the word "Secretary" before the word "forfeit" in line 14. This amendment was suggested by the Secretary of the Interior in his letter of February 4, 1932, in which he recommends the enactment of the bill as thus modified and sets forth the facts concerning the proposed legislation, as follows: Hon. GERALD P. NYE, DEPARTMENT OF THE INTERIOR, Chairman Committee on Public Lands and Surveys, United States Senate. MY DEAR MR. CHAIRMAN: In compliance with your request of January 19 for an opinion as to the merits of S. 2983, which is a bill providing for the relief of homesteaders on the Diminished Colville Indian Reservation, Wash., I invite your attention to the inclosed memorandum on the subject that has been submitted by the Commissioner of the General Land Office, who suggests a modification. Enactment of the bill into law is recommended. Very truly yours, RAY LYMAN WILBUR, Secretary. |