Mr. THOMAS of Oklahoma, from the Committee on Indian Affairs, submitted the following REPORT [To accompany H. R. 10362] The Committee on Indian Affairs, to whom was referred the bill (H. R. 10362) to require the approval of the General Council of the Seminole Tribe or Nation in case of the disposal of any tribal land, having considered the same, report favorably thereon with a recommendation that the bill do pass without amendment. The facts are fully set forth in the report of the House Committee on Indian Affairs (H. Rept. No. 766, 72d Cong. 1st sess.), which is appended hereto and made a part of this report. House Report No. 766, Seventy-second Congress, first session] The Committee on Indian Affairs, to whom was referred the bill (H. R. 10362) to require the approval of the General Council of the Seminole Tribe or Nation in case of the disposal of any tribal land, having considered the same, report thereon with a recommendation that it do pass without amendment. This bill was originally introduced as H. R. 8169 and House Resolution 114 and referred to the Committee on Indian Affairs. That committee reframed the bill and it is now before the House as H. R. 10362 with the favorable report of that committee. In the year 1866, by treaty with the Seminole Tribe of Indians, that tribe ceded its entire domain to the United States. By act of Congress July 1, 1898 (30 Stat. 567), ratifying the agreement made with the Seminoles by the Dawes Commission, it was provided that a certain sum of Seminole funds should be set aside as a permanent school fund to draw interest at 5 per cent per annum and upon the extinguishment of the tribal government should be used for the support of the Mekasukey and Emahaka Academies, and 320 acres of land was excepted from allotment for each of these academies. In this act the tribal government of the Seminoles was expressly recognized for the purpose of making deeds. The two schools were established and operated for a number of years. The Emahaka School was discontinued and the property sold and conveyed to private owners without the consent of the Indians. Several chiefs (for a day) were appointed by the President, each of whom refused to sign the deed, and the Secretary of the Interior signed the deed upon the assumption that the tribal government had been extinguished. Oil was discovered in the region of the Mekasukey School, and on July 22, 1926, a lease of the oil rights in the 320 acres to the Gipsy Oil Co. was made by the Interior Department, which lease has brought in substantial income from royalties. The title to the land was retained by the tribe subject only to the oil lease, which gave the lessee the right to use so much of the surface of the land as is necessary in the drilling operations. In the summer of 1930, at a time when there was more than $100,000 in the school fund of the Seminoles, the Mekasukey School was discontinued. The reason for this action given by the Indian Bureau was that the closing was following out the policy of the bureau to have the Indian children educated in public schools with white children, and that the school building, which was also a dormitory in which 116 pupils were housed, had fallen into disrepair and was unsafe. In 1931 the Interior Department decided to sell the land subject to the lease which runs perpetually as long as oil is produced in commercial quantities from the land and proceeded to advertise the land for sale without consulting the Indians. The Seminole Indians are dissatisfied because of the discontinuance of the Emahaka School and the sale of that land without their consent and against their wishes and because they were not consulted about the leasing of the Mekasukey lands and because of the discontinuance of the Mekasukey School. That situation resulted in the introduction by Representative McKeown of H. R. 8169 and House Resolution 114. During the hearings before a subcommittee of the Committee on Indian Affairs (February 4, 1932) the Interior Department announced that it had decided "to drop the plans for the sale of the property for the present." The Seminole Tribe is the smallest numerically of the Five Civilized Tribes, having an enrollment of 3,119, practically all living in Seminole County, Okla. It is the only one of the tribes that has tribal funds available for school purposes and it is the only one of said tribes for which the Government does not maintain a school. This tribe has, throughout its residence in Oklahoma, and does now, maintain a strong tribal government. The Indians (not counting the freedmen-negroes) are divided into 12 bands, each of which elects a band chief and two band councilmen. These chiefs and councilmen meet annually and constitute the general council, and that body each four years elects a chief of the Seminole Tribe At the present time Chili Fish, a well-to-do farmer, is the chief of the tribe, and Allan Crain is the second chief. The purpose of the bill H. R. 10362 is to make certain that the Mekasukey land will not be sold and conveyed away as was the Emahaka land without the consent of the Seminole Tribe, acting through its general council. The following memorandas from the Secretary of the Interior were filed with the Committee on Indian Affairs under date of March 1, 1932, in response to request for a report upon H. R. 8169 and House Resolution 114, which are identical with the present bill except as to phraseology. Hon. EDGAR HOWARD, DEPARTMENT OF THE INTERIOR, Chairman Committee on Indian Affairs, House of Representatives. MY DEAR MR. CHAIRMAN: In response to your request of February 17 for a report on H. R. 8169, relating to certain lands and other property of the Seminole Indians in Oklahoma, there is transmitted herewith a memorandum report that has been submitted by the Commissioner of Indian Affairs, to which your attention is invited. It would appear that there is no necessity for the enactment of this proposed legislation. Very truly yours, AY LYMAN WILBUR. Memorandum for the Secretary. DEPARTMENT OF THE INTERIOR, Reference is made to the informal request of the Committee on Indian Affairs, House of Representatives, for report on H. R. 8169, which relates to lands and other property of the Seminole Indians in Oklahoma. The bill provides that neither the Mekasukey (Mekusukey) property nor other property belonging to the Seminoles shall be sold or otherwise disposed of except under the conditions named therein. The Mekusukey School property of 320 acres of land and certain improvements thereon is the only piece of tribal property owned by the Seminoles of Oklahoma. This property is now leased for oil and gas and the royalties therefrom are used only as authorized by Congress. There has been received as rentals and royalties from the lease to December 31, 1931, the sum of $194,140.90. By joint resolution of March 2, 1906 (34 Stat. L. 822), Congress provided that the tribal existence and "present tribal governments of the Five Civilized Tribes which include the Seminole Tribe should be continued in force and effect for all purposes under existing laws until all properties of the tribes or proceeds thereof were distributed among the members of the tribe unless thereafter otherwise provided by law. Later by the provisions of section 28 of the act of April 26, 1906 (34 Stat. L. 137-148), "the tribal existence and present tribal governments" of the Five Civilized Tribes were continued in full force and effect for all purposes authorized by law until otherwise provided by law, but certain limitations were placed upon the tribal governments. No recognized elections of principal chief or other tribal officers by the Indians under tribal laws or customs have been held since the passage of the act of April 26, 1906. However, we will be glad for the Indians to have a voice in the disposal of their small remaining tribal property, and if the Seminoles definitely agree upon one whom they desire to designate as chief, and in whose action they will concur, the views of the Indians as expressed through him will be given our careful consideration. Before any recognition can be given to such a leader of the Seminoles, however, there should be an indication of approval of his selection by the various bands or factions existing in the Seminole Nation. Regarding the sale of the Mekusukey School property, we had the thought that as the building was unused and in quite a poor condition, a sale of the surface land and the building would be in the interests of the tribe notwithstanding low values. However, several members of a Seminole delegation called at our office and protested against the sale, and we ourselves do not now see any real reason why the sale may not be delayed. The Indians have been advised to this effect. Therefore, in view of the present status of the matter, there is no necessity for the enactment of H. R. 8169. Memorandum for the Secretary. C. J. RHOADS, Commissioner. Department of THE INTERIOR, This has reference to House Resolution 114, to provide that the Secretary of the Interior shall not dispose of any property of the Seminole Tribe of Indians of Oklahoma without the consent of the tribe, upon which comments and suggestions have been requested by the chairman of the House Committee on Indian Affairs. A provision contained in the act of April 30, 1908 (35 Stat. 70), with respect to jurisdiction over and disposition of lands and buildings belonging to any of the Five Civilized Tribes, reads as follows: "The Secretary of the Interior shall take possession of all buildings on lands belonging to the Five Civilized Tribes, now or heretofore used for governmental, school, or other tribal purposes, together with the furniture therein and the land appertaining thereto, and appraise and sell the same at such time and under such rules and regulations as he may prescribe and deposit the proceeds, less expenses incident to the appraisement and sale, in the Treasury of the United States, to the credit of the tribes respectively owning the said land and improvements, and immediately after any such sale patents for the realty thus sold shall be made and delivered in the same manner as now provided by law for other tribal property: Provided, That when practicable preference right shall be given to the State, counties, and municipalities of Oklahoma to purchase said lands and improvements at the appraised value: And provided, That pending such appraisement and sale the Secretary of the Interior may temporarily lease said buildings and lands for the benefit of the tribes, respectively, to which they belong.” Section 6 of the act of April 26, 1906 (34 Stat. L. 137), provides for the signature of the principal chief of the Seminole Nation to tribal deeds. Through the signature of the principal chief is the only way of obtaining the consent of the Seminole Tribe or Nation now provided by law. Said section 6 also confers authority upon the Secretary of the Interior to execute such deeds, if the principal chief refuses, fails, or neglects to act for a period of 30 days after notice, and it is this latter provision of existing law that the enactment of House Resolution 114 would change. The authority conferred upon the Secretary of the Interior by this provision to execute deeds has been exercised in only one instance in the disposition of tribal properties of any of the Five Civilized Tribes. It will be observed that the consent of the Seminole Tribe is already provided for by existing statute in the only way such consent can be had with any substantiation in law. There is no sanction of law for any tribal council, or for any group of Seminole Indians, to act for the tribe or nation in such matters. The only property which the Seminole Tribe has remaining undisposed of is a tract of 320 acres of land reserved for the Mekusukey School and certain improvements thereon. In this connection attention is invited to memorandum of this date reporting on H. R. 8169. C. J. RHOADS, Commissioner. 72D CONGRESS 1st Session } SENATE { REPORT No. 530 LIMITING THE JURISDICTION OF DISTRICT COURTS OF THE UNITED STATES APRIL 7 (calendar day, APRIL 8), 1932.-Ordered to be printed Mr. NORRIS, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 939] The Committee on the Judiciary, to which was referred the bill (S. 939) to limit the jurisdiction of district courts of the United States, having had the same under consideration, report favorably thereon and recommend the passage of the bill. WHAT THE BILL DOES NOT DO There has been such a propaganda over the country in opposition to legislation of the kind proposed by this bill and in much of the material sent out there are so many misstatements that thousands of people have an erroneous idea as to what is sought to be accomplished by the bill. It seems, therefore, advisable to state what it does not do or try to do. This bill does not take away from Federal courts jurisdiction in any case where a Federal statute is involved. It does not take away any jurisdiction where any question arising under the Constitution of the United States is involved. It does not take away from Federal courts any jurisdiction where any treaty of the United States is involved. It does not take away jurisdiction from Federal courts where the public lands of the United States are involved. It does not take away from Federal courts any jurisdiction where any State is a party. It does not take away from the Federal courts any jurisdiction where a foreigner is a party to the suit. And, finally, it does not take away from the Federal courts any jurisdiction where any Federal question of any kind is involved. The only jurisdiction it takes away from Federal courts is litigation "between citizens of different States." The jurisdiction it takes away is the construction of State statutes-controversies arising under SR-72-1-VOL 1-64 |