CORNELL UNIVERSITY LIBRARY _ ^..^Cofnell University Library E 77.U58I39 1913 3 1924 028 726 861 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924028726861 INDIAN AI^RQPRIATIQN BILL HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON INDIAN AFFAIRS OF THE HOUSE OF REPRESENTATIVES CONSISTING OF HON. JOHN H. STEPHENS, GAfiti^tt^ HON. CHARLES D. OARTl^ HON. CHARLES H. BURflfe' 1913 WASHINGTON GOVEBNMENT PEINTTNG OTFIOE 19U COMMITTEE ON INDIAN AFFAIRS. SIXTY-THIED CONGRESS. JOHN H. STEPHENS, Texas Chairman,. CHAilLES D. CARTER, Oklahoma. JAMES M. GUDGER, Jr., Nortli Carolina. THOMAS F. KONOP, Wisconsin. J. D. POST, Ohio. CARL HAYDEN, Arizona. LEWIS L. MORGAN, Louisiana. DORSET W. SHACKLEFORD, Missouri. ROBERT P. HILL, Illinois. ALIiAN B. WALSH, New Jersey. JOHN R. CLANCY, New York. JOHN M. EVANS, Montana. WILLIAM H. MURRAY, Oklahoma. DENVER S. CHURCH, California. CHARLES H. BURKE, South Dakota. PHILIP P. CAMPBELL, Kansas. BIRD S. McGDIRE, Oklahoma. CIARENCE B. MILLER, Minnesota. CHARLES M. HAMILTON, New YorkT PATRICK D. NORTON, North Dakota. ARTHUR R. RUPLET, Pennsylvania. JAMES WICKERSHAM, Alaska. James V. Townsend^ Olerk. Paul N. Humphrey, Assistant Clerk. INDIAN APPROPRIATION BILL. CoaiMITTEE ON InDIAN AfFAIES, House of Representatives, Washington, December 10, 1913. The committee assembled at 10.30 o'clock a. m., Hon. John H. Stephens (chairman) presiding. There were present before the committee Hon. Cato Sells, Com- missioner of Indian Affairs; Hon. E. B. Meritt, Assistant Commis- sioner of Indian Affairs ; and chiefs of division, Indian Office. STATEMENT OF HON. CATO SELLS, COMMISSIONER OF INDIAN AFFAIRS. Mr. Sells. Mr. Chairman and gentlemen of the committee, as a brief preliminary to the work upon which we are entering, and in justification of the items of the Indian bill as they appear before you, perhaps it might not be out of place for me to briefly say that, broadly, it is the conception of the Indian Office that the classification known as "Industrial items" is regarded by us as one of great im- portance. I have, during the short time of my association with the bureau as its commissioner, given but little time in delving into the past. I have undertaken to give serious consideration to the condi- tions as they are now presented, and to such a solution as looked to- ward betterments for the future. In doing so, I have been perhaps quite as much impressed' with the needs of the Indians along the lines of industrial effort as with any other pertaining to the service. I am jealous of the thought that in handling this great question as it may affect the 300,000 or more Indians under our direct charge, that the primary thought must necessarily be its solution as it may affect the individual Indian, looking toward his advancement from the standpoint of marching forward toward full acceptance of and adaptation to our civilization, and with it the industrial surrounding that makes it possible for him to profit most largely by this oppor- tunity. I have not been altogether satisfied with the industrial situation as I found it. For example— deviating just a moment from the imme- diate subject which we are about to consider— I find in the North- west great irrigation plants, large developments along the lines of opportunity for putting water upon Indian allotments, primarily, doubtless, well-intentioned and proper, but may I not modestly sug- gest that there has been something of lack of harmony and possibly misconception in the manner of its working out. It has occurred to 3 4 INDIAN APPEOPBIATION BILL. me that there is lack of wisdom in the investment which too largely looks toward the building of irrigation plants and too little toward equipment for the individual Indian which would gi^e him a reason- able opportunity to become the proper beneficiary of these condi- tions. Now, that leads me up to the industrial thought. Many of these reservations where we have irrigation plants are located a long distance from market and in semiarid districts. In some localities the time fixed by law within which the Indian must utilize his water right or forfeit it will, soon expire by operation of law. Without going specifically into details concerning these reservations, I find that we are confronted with a condition which is almost overwhelm- ing in its magnitude and importance to the end that these watej- rights may be preserved. I likewise find that Ave have been expect- ing the Indian, many, many miles away from market, in most in- stances without a proper home for himself and his family, and very generally without stock, farm implements, and other equipment to improve his allotment and subject it to agricultural conditions and grow crops — we have been expecting him under these conditions to do, Mr. Chairman and gentlemen, what a white man under like circum- stances could not do and would not attempt to do, and at the same time we have expected the Indian to advance from a condition which is his natural state in life and take on a new civilization. The Chairman. I see many items in the bill which are asked for which are under irrigation districts in various parts of the country, and that is along the line of the argument that you are making now. Mr. Sells. The reason for this is that we believe that perhaps it might be better, generally speaking, not to ask for an enlargement of irrigation until we have measurably caught up with the other end and harmonized the situation. The Chairman. In other words, you desire the land cultivated that Ave now have under these irrigation districts and plants ? Mr. Sells. That is the thought, Mr. Chairman, that while these plants should be sustained, and certainly in some instances developed, there are some conditions where it is not now justifiable to make additional appropriations for irrigation plants. But in the instances you speak of, and as a general thought, the answer to your suggestion is that we ought to exert ourselves to harmonize things and without delay give the Indians an opportunity, by way of equipment, to take advantage of the conditions that are now upon them. Mr. Carter. What do you mean by equipment? Mr. Sells. I mean by equipment either a gratuity fund or reim- bursable fund that will permit them to have suitable and proper sanitary homes, horses, cattle, farming implements, and those things which make it possible for Indians to do what we are hoping to accomplish for them. Mr. Carter. In other words, you think he can not make bricks •^rithout straw, any more than the white man can ? Mr. Sells. That is exceedingly apparent, and I think it is our first duty along industrial lines to see that he has this equipment, and that we do things along the lines of industrial development as suggested in this bill. Now, I do not know that I want to take any more of your time along this particular line. There is running all INDIAN APPKOPKIATION BILL. 5: through this bill, Mr. Chairman and gentlemen, a disposition for the betterment of the Indians' herds. Perhaps I may be pardoned for saying a few words concerning this matter. I find that $25,000,000 worth of horses, cattle, and sheep are owned by the Indians, and I regret to say that it is my judgment that two-thirds of it is inferior stock. Particularly does this apply to the horses and sheep, and pretty generally it will apply to cattle. We have very industriously, since my entrance upon the performance of my duties as commissioner, proceeded to invoice the stock conditions of the reservations. I have found in many instances, almost universally, that there is less male stock than there ought to be. Sometimes very, much less, so that the mares and heifers and the ewes have not been , as productive as they ought to be and as they might reasonably be expected to be. I have found old stallions — useless stallions ; I have found old bulls — useless bulls. I have found the same condition ex- isting in rams. I have found pony stallions. I have found inferior stallions, bulls, and rams. Now, we have undertaken to invoice this condition. We have proceeded to castrate the old and useless stallions, and put them in the plow, and likewise we are castrating the old. bulls. We have undertaken, and are pressing the thought, that there ' ought to be a universal betterment of male stock. Ordinarily, we are putting middleweight Percheron stallions on the reservations, and we are generally purchasing high-grade white-faced bulls and the best breed of rams. We are increasing the male stock up to the num- ber that it ought to be in comparison with female stock. We are trying to evolve a condition whereby we will be justified in classing these things as satisfactory, and then shall put on tribal herds wherever conditions warrant and correspondingly reducing the leas- ; ing, either for cattle or otherwise, and then furnish stock for indi- vidual Indians from a reimbursable fund. Now, that idea runs all through the industrial feature of the bill, and in presenting these things to you this morning I want you to get my idea that this is an &ll-iraportant matter for bettering Indian conditions. In the dis- tribution of the $100,000 of the reimbursable fund we have dis- tributed it in a way that would be to the most practical benefit to. the Indians. For instance, we have given the Jicarillas $25,000, that they may buy a herd of sheep. We have given the Havasupas $1,000 with which to buy a stallion and a few bulls and some rams and farming implements. The Chairman. Are these the people living in the Cataract, Canyon ? Mr. Sells. Yes; and they are entitled to serious consideration. They have had too little. Likewise of the Eastern Cherokees and other small tribes that have little property, but who are compara- tively industrious. This is needed, that we may develop opportunity- and give them an incentive for advancement and prosperity. I am very much interested along these lines. I feel, gentlemen, that there is a great industrial opportunity here for the accomplishment of things that will vastly and certainly be helpful and go a long way toward making the Indian population self-supporting. Now, I do not know that I care to take any more of your time in speaking along these lines this morning. I wanted to say these 6 INDIAN APPBOPBIATION BILL. things to you as a preliminarj', that I might give you something of my ideas for the development of the industrial end of the Indian work. Let me say, further, that in the presentation of the matter pertaining to the support of the Indian bill as it is presented we thought it wise, as I said to you the other day, to classify it, and this morning we shall present the matters pertaining to industrial development. I have requested Mr. Meritt, my assistant, and Mr. Davis, the supervisor of farming, to come here, and they will explain the details of the industrial items in the bill. Mr. Von Bayer, acting forester, is also here, and he will give you information m matters along that line. Dr. Murphy, our medical supervisor, together with Dr. Dougherty, will speak concerning medical matters. Also, on industrial work, Mr. Shipe and Mr. Ashmeyer are present. These gentlemen are well equipped. They have given these matters very careful and thoughtful attention. They are here at your service and I hope all together we may be helpful. Mr. BuEKE. Before we begin interrogating you in regard to this item, can we decide definitely the number of Indians in the United States? The commissioner made the statement that there are over 300,000, and we are inclined to make that statement generally. The census gives it much less. What is the actual Indian population ? Mr. Sells. I think there is some little doubt as to the actual num- ber of Indians. We will be able, if you desire, to give you approxi- mately the number. As you say, we generally speak of it as a little over 300,000. Our records show 300,930 under Government super- vision. Mr. Burke. The Census Bureau gives it about 250,000. The Chairman. What method do you pursue to ascertain the num- ber of Indians on the various reservations? Mr. Sells. Mr. Meritt, will you answer that, please ? Mr. Meritt. Under our regulations, the superintendents are re- quired to submit reports annually showing the deaths and births and the number of Indians on each reservation. We have these reports in the Indian Office. Our records indicate that the Indian popula- tion is increasing at this time. We have something over 300,000 In- dians in the United States now, probably 325,000 altogether. Mr. Burke. Can you explain the fact that the Census Bureau gives the population in the United States at about 250,000, if I am correct in that? Mr. Meritt. I would not care to attempt to explain how the Cen- sus Bureau obtains its figures on this subject. Mr. BiTRKE. In the judgment of the Indian Office there are at least 300,000 Indians ? Mr. Meritt. In our judgment, there are over that number. The Chairman. Taking the statement of the number of Indians made by the various agents, taking that as a whole, could you not ascertain definitely the number of Indians in the United States ? ' Mr. Meritt. We could get you the exact figures on that, Mr. Chair- man. The Chairman. Will you please furnish them for us. INDIAN APPROPRIATION BILL. 7 Mr. Meritt. The information requested is as follows : Popwlati07i of Indians 6j/ States, showmg discrepancies heticeen, reports of the Indian Office and the census. State. Indian Office 1912 report. Census 1910. More than census. Less than census. Alabama 909 40,754 460 17,517 860 162 6 68 446 95 3,823 188 279 364 1,317 234 780 892 56 688 7,519 11, 193 1,253 313 11,242 3,832 6,262 34 168 21,374 6,036 7,914 8,389 127 117,444 6,401 909 29,201 460 16,371 1,482 152 5 68 74 95 3,488 188 279 471 2,444 234 780 892 65 688 7,519 9,053 1,253 313 10,745 3,602 5,240 34 168 20,573 6,046 7,851 6,486 127 74,826 6,090 1,503 284 331 19, 137 216 702 3,123 26 10,997 36 10,-142 1,486 Arizona 11,563 ArlraosEis . . California i,i46 622 rnnTifintiont District of Columbia Florida 372 idai^ .:::.::::::.:::::::::::::::;:::::::::": 336 Illinois Iowa • 107 Tfj^nsas 1,127 Kentucky Louisiana Massachusetts Michigan 2,140 Mississippi 497 330 22 801 10 North Carolina 63 1,903 Ohio 42,619 1,311 1,503 284 331 20,333 216 702 3,226 26 11,833 36 9,816 1,697 1,196 102 836 326 211 327,425 266,683 65,437 3,696 1 Includes freedmen. Attention is invited, first, to the fact that the Indian Office figures are of June 30, 1912, while the census figures are of April 15, 1910. The report of the Indian Office Includes every living person entitled to rights within the various tribes without regard to his presence on the reservation, while the census re- port is a count of every person present on the census day. In the State of Pennsylvania the Indian Office reports no Indians, while the census reports 1,503, having evidently included the Carlisle students and Indian employees who are carried by the Indian Office under the State where their reservation is situated. In many cases where mixed bloods are concerned, unless the features are sufficiently Indian to place the enumerator on his guard they might easily be listed as white. , „, , , r^. The greatest difference, 42,619, is found in the State of Oklahoma. The rolls of the Five Civilized Tribes, which are the basis of the Indian Office census for these Indians, carry 25,927 persons under the head of "Freedmen and inter- married citizens " who are legally Indians, but in reality are negroes and white 8 INDIAN APPROPRIATION BILL. persons and so enumerated by the United States census. Tbere are also many intermarried white persons with the other tribes in Oklahoma. In Arizona and New Mexico the Navajos are a nomadic people, their ^^™P^ constantly changing as grazing conditions demand the movement of their flocKS. There are 8,000 Indians under the San Juan Agency which jurisdiction is about equally divided between Arizona and New Mexico ; they are reported by this office under New Mexico. There are 10,000 Indians under the Fort Dehance Agency, the reservation extending into both New Mexico and Arizona ; the Indian Office reports them under Arizona. The 2,685 Indians under Pueblo BoAlto Agency, while partly in Arizona and partly in New Mexico, are reported in New Mexico. The Indian Office census Is based on a roll made under the direction of a superintendent, who Is a bonded officer of the Government, and who is com- pelled to use it as a basis for the distribution of supplies and money for which he is responsible under his bond. It is based on the knowledge obtained by a personal residence and constant contact with the Indians, and it is checked iind rechecked by the various activities of a corps of employees at every agency. Births and deaths are reported by the physicians and the knowledge of Indian clerks and Indian policemen is constantly used in connection with this roll. On the other hand, the United States census is made by enumerators who may not have direct knowledge of the Indians possessed by Indian Service em- ployees, and who may fail to enumerate many in view of the large territory usually inhabited by Indians. The Chairman. There is another question I would like to ask in regard to the conducting of experiments in these Indian schools de- signed to test the soil, climate, trees, etc. Do you correspond with the Government stations of the Agricultural Department whose duty is right along the same line as the duties prescribed here ? For in- stance, take South Dakota, they have an experiment station up there, and does the Indian Service take charge of these experiment stations up there so that they do not duplicate the work? They evidently spend a great deal of money in . ascertaining what is the best thing to be planted, different lands of crops, etc. Mr. Meritt. We cooperate with the different States, also with the Agricultural Department, along those lines, so there is no duplication. There is admirable cooperation all along the line in that work. The Chairman. It is very desirable to prevent duplication, and I thought that an explanation of this kind would be advantageous in the record at this point, as it may be referred to hereafter. Mr. Carter. I would like to ask a question or two there : Of course you keep a roll of allotted Indians, do you not? Mr Meritt. We do. Mr. Carter. You have to have a roll before they can be allotted or when they are allotted ? Mr. Merit!'. Yes, sir. Mr. Carter. Now, what kind of a record do you keep of Indians who are not allotted — unallotted Indians — on the reservations ? Mr. Meritt. We have a census for the allotted and unallotted In- dians on each reservation. Mr. Carter. What kind of a census do you have for Indians who have no allotment? Mr. Meritt. We have what is known as fourth-section allotments for Indians off the reservation. Mr. Carter. But you have some Indians who have no reservations at all ? Mr. Meritt. Yes. There are a few Indians in the United States who are not connected with any reservation, but they are verv few in. number. INDIAN APPEOPBIATION BILL. 9 Mr. Caetee. Do you have any record of them? Mr. Meeitt. We have more or less of a record, but it is not a cor^ rect record. Mr. Caetee. You have no roll, for instance, of the Mississippi Choctaws, have you? You have no way of knowing how many of those there are? Mr. Meeitt. No, sir. Mr. Caetee. Nor of the Seminoles in Florida ? Mr. Meeitt. We have a record of the Seminoles in Florida. Mr. Caetee. How did you get that ? Mr. Meeiit?. We have a man in Florida now working under an ap- propriation provided by Congress. Mr. Caetee. Take, for instance, the Five Civilized Tribes; you have no roll whatever for those Indians born since March 4, 1906, have you? Mr. Meeitt. No, sir. Mr. Caetee. There is another case where there is no record at all ? Mr. Meeitt. We have the approximate number of Indians born since that date, but no authentic record. Mr. Caetee. You have nothing accurate? Mr. Meeitt. No, sir. Mr. Caetee. I will say that there is quite a pressure being brought to enroll the new-born babies of those tribes. Suppose we should want information as to how many children were born since March 4, 1906. There is no way that you could give us that information ac- curately, is there? Mr. Meeitt. We could give you the approximate information, but to get the exact information would require an investigation. Mr. Caetee. Now, how do you arrive at the approximation ? Mr. Meeitt. From reports from local representatives in Oklahoma. Mr. Caetee. Do they send you a record of the births and deaths ? Mr. Meeitt. No, sir. Mr. Caetee. How do they make that estimate ? Mr. Meeitt. These bills requiring the enrollment have been before Congress at each session, and we have been keeping in more or less touch with the enrollment situation in Oklahoma because of that fact. Mf-. Caetee. You say you keep no record of these births. How do you get the number of those new-born children ? Mr. Meeitt. I could not tell you what the exact method of the Commissioner to the Five Tribes and the superintendent of the Union Agency is for getting that information. Mr. Caetee. My idea is to find out how accurate and dependable that information would be. Mr. Meeitt. Of course the information would not be exact. It would be simply approximate. Mr. Caetee. Now, it seems to me that the census roll ought to show more Indians than the Indian Office report would show, because there are a great number of fellows who claim to be Indians whom the census enumerated and put down as Indians who are not recognized as such by the Indian Bureau. Then there are a number of Indians- such as we have mentioned of which you have no record. It has al- ways been a source of surprise to me that the Census Bureau would show fewer Indians than the report of the Indian Bureau. 10 INDIAN APPEOPEIATION BILL. Mr. Meritt. The annual report shears the approximate """I ' Indians in the States, by States. Our annual report shows that. Mr. Carter. That is the approximate number ? Mr. Meritt. Yes. Mr. Carter. How many does that show? . . Mr. Meritt. We have here the Indians under Federal supervision, Unalloted, holding trust patents and fee patents, for the fascal year ending June 30, 1912, Table III, pages 87, 88, and 89 ot the Keport of the Commissioner of Indian Affairs for 1912. The number of unalloted is 120,876; holding trust patents, 103,417; holding tee pat- ents for part of their allotment, 1,926 ; holding fee patents for entire allotment, 70,904. Total Indians under Federal supervision, 300,930. Now, there are other Indians in the United States who are not under Federal supervision. Mr. Carter. You class the Five Civilized Tribes as all having fee patents ? Mr. Meritt. They have patents with restrictions. Mr. Carter. Those that have a trust patent, do you class them as having a fee patent, or having a patent with restrictions? Mr. Meritt. Indians who have had their restrictions removed would be in the class of having a fee patent, but those who have not had their restrictions removed would be in the other class. Mr. Carter. Now, what was the next class? Mr. Meritt. Those holding fee patents for part of their allotment. Mr. Carter. Wouldn't that include all Indians of less than three- quarters, down to and including half Indian blood ? Mr. Meritt. For the Five Civilized Tribes they have it scheduled this way : Holding trust patents 33,978 Holding fee patents of entire allotment 67,309 Total allotted 101,287 Mr. Carter. Then, there is a large class of Indians in Oklahoma who have fee patents to their acquired lands and trust patents to their homesteads. Now, what I wanted to find is, how many of these there are. Mr. Meritt. The report here does not show that. Mr. Carter. If I understand you, the report of the Commissioner of Indian Affairs for the fiscal year ended June 30, 1912, shows that there were at that time in the United States 300,930 Indians under Federal supervision ? Mr. Meritt. Yes, sir. Mr. Burke. Now, I want to ask you whether you know if, in tak- ing the census by the Census Bureau, whether they made a distinc- tion between Indians who are taxed and Indians that are not taxed? Mr. Meritt. I am not informed as to the method with which the Census Bureau conducted its investigation. Mr. Bttrke. I am inclined to think they did. Mr. Carter. You also have shown there the Indians that intermar- ried in the Five Tribes, have you not ? Mr. Meritt. I suppose those intermarried citizens are included within the class holding fee patents for their entire allotment The Chairman. What quantity of blood do you call an Indian ? INDIAN APPROPRIATION BILL. 11 Mr. Meritt. The courts have very recently held that any person with the slightest amount of Indian blood would be classed as an Indian. The Chairman. Suppose he was one-sixteenth Indian and fifteen- sixteenths white man? Mr. Meritt. He would be called an Indian if he had resided on a reservation and had tribal connections. The Chairman. In what case was that decided ? Mr. Meritt. It was decided by the Federal court recently in St. Faul m connection with White Earth cases. It was the Circuit Court of Appeals that rendered the decision. The Chairman. It was with reference to the distribution of tribal property ? Mr. Meritt. It was with reference to the interpretation of the Clapp amendment. The case will be appealed to the Supreme Court •and we will have a final decision by the Supreme Court on that question. The Chairman. Then it really amounts to this, that a person with any amount, however small, of Indian blood could be called an Indian under the rules of the department ? Mr. Meritt. If they have tribal connections and have lived on an Indian reservation and have been enrolled in the tribe, they would be classed as Indians. The Chairman. What about intermarried citizens? Mr. Meritt. We very rarely permit intermarried citizens to become identified with the tribe or give them tribal rights. We have done that in certain cases in the Five Tribes. The Chairman. What is the first item ? Mr. Meritt. Mr. Chairman, item No. 1, found on page 2, " For the survey, resurvey, classification, appraisement, and allotment of lands in severalty," etc., is the same as last year, with the exception of the omission of the proviso clause. We offer for the record the following justification : Sun-cyiiiff and allotting Indian reservations (rcini'bursaWe). Fiscal year ending June 30, 1914, amount appropWated $200, 000, 00 Fiscal year ended June 30, 191,3: Unexpended balance from previous years !. 24,346.39 Amount appropriated 250, 000. 00 274, 346. 39 Amount expended 243, 820. 96 Unexpended balance 30, 525. 43 ANALYSIS OF EXPENDITURES. Salaries, wages, etc $193,097.58 Traveling expenses 9, 986. 44 Transportation of supplies 1,675.59 Telegraph and telephone service 172. 58 Printing ^ 837.00 Miscellaneous material 19.39 Stationery 57. 72 Fuel 351. 21 12 INDIAN APPBOPEIATION BILL. Mechanics supplies _ q„„' o^ Forage ^•°^-8^ Provisions „' „-„' ,? Equipment °' ™^- ^l Allotment stakes -'-'' '°^-'^^ Power, mineral, and geologic investigations by United States _ ^ Geological Survey °' 273. 01 Miscellaneous ^' ^^^- "^ 243, 820. 96 Paid to employees in Indian Office, $60,065.62. ,- Surveying and allotting Indian reservations, reimbursable $225, OOP Of this amount $100,000 will be used under direction of the Com- missioner of the General Land Office in survey work as follows : Surveying 43 townships within that part of the Xavajo Reservation, Ariz., added by Executive orders of Nov. 9, 1907, and Jan. 28, 1908, embracing approximately 43 townships. The act of May 29, 1908 (35 Stat. L., 457), requires that the surplus lands within this part of the Navnjo Reservation be restored to the public domain after the Indians there have been allotted. Until subdivisional surveys have been made the allotment work can not be taken up. It has heretofore been estimated that approximately $1,000 is required to survey and subdivide a township into sections, and as this part of the reserve em- braces upward of 4.3 townships,, the amount indicated will be neces- sary for this work 43,000 Further subdivisional work in the Hoopa Valley Reservation, Cal. The majority of the lands in this reservation are rough and mountainous; the only desirable agricultural land lying in the valleys along streams. Owing to the number of Indians entitled to allotment it is necessary to subdivide these agricultural lands into tracts as small as 5 or 10 acres in order to give each Indian lands that can be used for agricul- tural purposes. The cost of the subdivisional work has been esti- mated by the General Land Office to be 6, 500 An irrigation system has been installed on the Fort Belknap Reserva- tion. Mont., and in order to properly lay the laterals a subdivision of the lands within this reservation became necessary. During the past year this work has been in progress, and it should be carried to completion at the earliest practicable date. The Land Office has esti- mated that all of the remaining lands within the reservation can be subdivided at an additional expenditure of 11, 700 Under authority found in the act of Aug. 24, 1912 (37 Stat. L., 534), as supplemented" by the act of June 30, 1913 (Public, No. 4), 187 Apache Indians, formerly prisoners of war at Fort Sill, were at their own request transferred to the Mescalero-Apache Indian Reservation. N. Mex.. and it is desired to provide these Indians with homes on lands within that reservatiaSi. Prior to erecting improvements the lands should be subdivided in order that at least tentative assign- ments can be made "with a view of allotting such lands to these In- dians when conditions become such as would justify giving them patents for their holdings. This reservation is large, embracing ap- proximately 500.000 acres, and a subdivisional survey is estimated by the General Land Office to cost 1 27,300 The boundary lines of the Umatilla Reservation, Oreg., have become obliterated to such an extent that it is difficult to adjust questions of trespass and disputes between adjacent property owners along the boundary lines of the reserve. A resurvey has been desired by the Indians and officials of the field service for a number of years in order to facilitate the settlement of any disagreements arising from this cause. The work should be done, and a resurvey has been estimated to cost 3, 500 An irrigation system has been constructed within the Wind River Reser- v.Ttion, Wyo., and in order to further subdivide the lands within this reservation prior to allotment, additional survey work, under direc- tion of the General Land Office, is necessary, which has been esti- mated to cost ^ QQo INDIAN APPEOPBIATION BILL. 13 Town sites are estublished from time to time \yithin Indian reservations, and a survey tliereof into lots and blocks is necessary before such town sites can be opened or the lots placed on the market. Tlie cost of these surveys vary from $300 to $800, according to the size of the proposed town site and the difficulties connected with the work due to local conditions, and for this work it is estimated that there will be required 1_ 500 , Total -^QQ^ QQQ The remainder of the entire appropriation, $125,000, is to be used under the supervision of the Indian Office in carrying to completion to the fullest extent possible the allotment, classification, and appraisement work as follows: Heretofore 5,7.50 Indians within the Pine Ridge Reservation have been allotted an aggregate area of over 2,000,000 acres. The census of this tribe indicates a total membership entitled to allotments of over 7,000. The work must continue, therefore, at least during the fiscal year 1915. which will require $15,000 In explanation it may be said that an allotting crew usually con- sists of a special allotting agent, surveyor, two chainmen, two rod- men, cook, teamster, and clerk, the average per diem of which ag- gregates $12,400 a year. Usually $15,000 is estimated for each crew, as aside from the per diem of the employees, miscellaneous expenditures must be met, such as furnishing tents, wagons, forage, teams, etc. In 1905 and 1906 allotment work on the Wind River Reservation, Wyo., was begun, and after allotting some 2,000 Indians, mainly In that part of the reservation north and east of Wind River which was opened by the act of Mar. 3, 1905, it was necessary to stop the work because of the fact that a large part of the reservation had not been surveyed. Survey work has been in progress during the past year and will be continued until completed. An allotting agent has been placed on this reservation for the purpose of making allotments to the remaining Indians entitled in this tribe. At least a year 7\ill be required to complete the work, and, in accordance with the data above given, to maintain the usual allotting crew will require . 15 000 The act of Mar. 22, 1906 (34 Stat. L., 80), authorizes allotment, classi- fication, and disposal of the surplus lands in the Colville Reserva- tion, Wash. The allotment work is practically completed and it is estimated that 1,000,000 acres of surplus land remain. This must be classified and appraised prior to disposal in accordance with the act mentioned, and, as the country is rough and broken, it is esti- mated that the cost of such classification and appraisement will approximate 40, 000 An irrigation system has been installed on the Gila River Reserva- tion, Ariz., and to enable the Indians to make prompt beneficial use of the water for irrigation purposes allotments in severalty are now being made. The Indian population of this reservation approxi- mates 5,000, and to maintain an allotting crew on this reservation for an entire fiscal year will approximate in cost 15, 000 Section 19 of the act of May 29, 1908 (35 Stat. L., 451), authorizes allotments to children of the Sioux tribes as long as any lands re- main available for allotment in the reservation to which they be- long. The Pine Ridge Reservation is provided for elsewhere, but on the Rosebud, Crow Creek, Lower Brule, Cheyenne River, and Standing Rock Reservations, while the original allotment work has been completed, yet children are born to members of these tribes from time to time who should be allotted under the act referred to. About $2,000 or $3,000 will be sufficient to handle the work at each individual point, but combining the reservations mentioned will re- quire, for the purpose of allotting these Sioux children 10,CKX) The majority of the Indians on the Klamath Reservation, Oreg., were allotted about 10 years ago. A number of the allotments so made were of unsurveyed lands, and such allotments could not be ap- proved until the public system of surveys had been extended over 14 INDIAN APPROPRIATION BILL. rnhg the entire reservation and tlie allotments adjusted thereto. ^.^^ survey work has been finished, and the services of a field officer w be required to adjust these allotments to the recent surveys ^'^".^ allot children born to members of this tribe, as authorized by ^" act of May 27, 1902 (32 Stat. L., 260). This work will require ap- proximately 7"''lZ-'~zr2~^nnT,a When the subdivisional and meander survey work withm tne iioopd Valley Reservation, Cal., is completed in the field the Indians there should be allotted, it being reported that the Indians of this reserva- tion are progressive, industrious, and deeply interested m agricultu- ral pursuits. As the majority of the expense connected with the worli is that of a- subdivisional and meander survey it is believed that the work of allotting the Indians in the field can be thereafter handled for -• — - — """"""""o'VJo-^'Jo^ The fourth section of the general, allotment act of Feb. 8, 1887 (24 Stat L, 388), as amended, authorizes allotments to Indians on the public domain, and it has been necessary, in order to aid the In- dians in properly presenting their applications, and to protect their rights in contest cases, to employ special agents familiar with this class of work to aid and instruct the Indians in the necessary steps to be taken. For this class of work on the public domain, includ- ing allotments to members of the Turtle Mountain Band of Chip- pewa Indians, under the act of Apr. 21, 1904 (33 Stat. L., 194), at least two field men will be required. These lands being on the pub- lic domain, the usual full surveying crew is not necessary, but con- siderable additional expense is incurred in traveling from point to point in order to reach the Indians' lands. Approximately $7,500 will be required to pay the per diem, traveling expense, and Inci- dentals, such as clerk hire for each allotting agent engaged in this class of work. Two allotting agents will therefore require 8,000 7,000 15,000 Total 125,000 EECAPITULATION. Survey work by Land Ofl3ce $100,000 Allotment, classification, and appraisement work by Indian Office 125,000 Total___l , 225,000 Reservations on which the allotment work has been completed : Reservation : Pala, Oal.' Round Valley, Cal. Yuma, Cal. Coeur d'Aleue, Idaho. Kez Perce, Idaho. Chippewa, Kans. Iowa, Kaus. Sac and Fox, Kans. Pott.'iwatomie, Kans. Isabelle, Mich. L'Anse and Vieux de Sert, Mich. Ontomigan, Mich. Boise Fort, Minn. Deer Creek, Minn. Fond du Lac, Minn. Grand Portage, Minn. Leech Lake, Minn. Mdewakanton, Minn. White Oak Point, Minn. Blackfeet, Mont. Flathead, Mont. Fort Peck, Mont. Niobrara, Nebr. Omaha, Nebr. Ponca, Nebr. Winnebago, Nebr. Walker River, Nev. Jicarilla, N. Mex. Laguna, N. Mex. Devils Lake, N. Dak. Turtle Mountain, N. Dak.. Standing Rock, N. Dak. Cheyenne and Arapaho, Okla. Iowa, Okla. Kaw, Okla. Kickapoo, Okla. Kiowa and Commanche, Okla. Modoc, Okla. Osage, Okla. Otoe, Okla. Ottawa, Okla. Pawnee, Okla. Peoria, Okla. Ponca, Okla. Pottawatomie, Okla. Quapaw, Okla. Sac and Fox, Okla. Seneca, Okla. Shawnee, Okla. Wichita, Okla. Wyandotte, Okla. INDIAN APPEOPBIATION BILL. 15 Xisqualli, Wasli. Puyallup, Wasli. Skykomisli, Wash. Spokane, Wash. Squaxon Island, Wash. Swinomish, Wash. Oneida, AYis. Red Cliff, Wis. Stockbridge and Munsle, Wis. or on which the work has begun but not Fort Berthold, N. Dak. Klamath, Oreg. Cheyenne River, S. Dak. Crow Creek, S. Dak. Lower Brule, S. Dak. Pine Ridge, S. Dak. Rosebud, S. Dak. Colville, Wash. Makah, Wash. Quinaielt, Wash. Yakima, Wash. Bad River, Wis. Wind River, Wyo. Reservation — Continued. Grand Ronde, Oreg. Siletz, Oreg. Umatilla, Oreg. Warm Springs, Oreg. Lake Traverse, S. Dak. Yankton, S. Dak. Chehalis, Wash. Columbia, Wash. JIuckleshoot, Wash. Reservations allotted in part, finished : Reservation : Salt River, Ariz. Gila River, Ariz. Moqui, Ariz. Navajo (extension), Ariz. Papago, Ariz. Colorado River, Ariz. Hoopa Valley, Cal. Pechanga, Cal. Sycuan, Cal. Ute, Colo. Fort Hall, Idaho. White Earth, Minn. Crow, Mont. Moapa River, Nev. Reservations on which no steps have been taken to allot : Reservation : Camp McDowell, Ariz. Fort Apache, Ariz. Gila Bend, Ariz. Havasupai, Ariz. Hualapai, Ariz. San Carlos, Ariz. Digger, Cal. Mission Reserves (28 in No.), Cal. Seminole, Fla. Red Lake, Minn. Fort Belknap, Mont. Northern Cheyenne, Mont. Duck Valley, Nev. Pyramid Lake, Nev. Pueblos (20 in No.), N. Mex. Mescalero Apache, N. Mex. Alleghany, N. Y. Cattaraugus, N. Y. Oil Spring, N. Y. Oneida, N. Y. Onondaga, N. Y. St. Regis, N. Y. Tonawanda, N. Y. Tuscarora, N. Y. Hoh River, Wash. Ozette, Wash. Quileute, Wash. Shoalwater, Wash. Menominee, Wis. The following reservations should be allotted in part : Reservation : Mission Reserves, Oal. Red Lake, Minn. Sac and Fox, Iowa. 16 INDIAN APPROPRIATION BILL. Reservation — Continued. Fort Belknap, Mont. Duck Valley, Nev. Mescalero, N. Mex. The estimated cost of finishing the allotment work throughout the country is $3,145,000. Allotting agents and where loorUng Deo. 1, 1913. Name. Aspaas, Ralph Bates, Chas. H Baum, John Hunt, Clair Redfleld, Chas. E.. Wheat, ThraUs W.. Indian. Papago.... Sioux Pima Colville. . . do Shoshone. Reservation. San Xavier... Pine Ridge... Gila Elver. . . Colville do ■ Wind River. . State. Arizona. South Dakota. Arizona. Washington. Do. Wyoming. Allotments, 1913. State. Approved during the year. Made in the field. Reservation or tribe. Number aUot- ments. Area. Number allot- ments. Area. Blackfeet 3 405 960.00 82,432.02 Clieyeiine River South Dakota 510 601 6,100.00 Colville "Washington.. 79,018.11 2 506 480.00 82,445.01 Crow Creek South Dakota.. Fort Berthold North Dakota 61 17,280.00 Fort Peck 2,024 721,743.32 FortHall Idaho . . 441 76,760.00 Lower Brule South Dakota. 21 28 32 549 4 3,311.91 974.00 4, 709. 41 125,586.52 40.00 Lummi Washington 28 982 640 4 180 974.00 Arizona and New Mexico. South Dakota 122,240.00 152,341.00 40.00 Pine Ridge Pahute Quinaielt 14,400.00 Rosebud South Dakota 382 193 1 112 63,134.24 65,401.89 40.00 8,326.85 Standing Rock North and South Dakota. Utah.. 193 66,401.89 Uintah White Earth 112 148 241 8,326.85 Wind River Wvomine 12,650.64 37,240.00 Yakima Washington .. Total 4,262 1,159,585.17 5,141 691,772.49 Mr. Reeves, of the Indian OiBce, who has made allotment work a specialty, can give the committee detailed information on this subject. The Chairman. Please inform the committee why it is necessary to increase the amount from $200,000 to $225,000. Mr. Reeves. Most of that increase is due to additional surveys and work of this character that the office wants done rather than to allot- ment work itself. I may state for the information of the committee that within the past two years the force of allotting agents in the field has been reduced froni 18 to about 6, and it is simply because of the large quantity of Indian land that has never been surveyed and the boundaries never identified that they ask for this small "increase for the survey work. It is not strictly speaking allotment work The Chairman. You propose to employ other employees surveyors and other persons, for the purpose of alloting the lands ? ' INDIAN APPROPKIATION BILL. 17 Mr. Reeves. I can not speak for the commissioner during his absence, but we contemplate making a further reduction in the force as the jobs are completed. The Chairman. The proviso on lines 14 to 19 is stricken out, "Pto- vided, That no part of said sum shall be used for survey, resurvey, classification, appraisement, or allotment of any land in severalty upon the public domain to any Indian, whether of the Navajo or other tribes, within the State of New Mexico and the State of Arizona ? " Mr. Meritt. Mr. Chairman, that is the item that I spoke to you about recently. We will be glad to have that item omitted. We think that item is an unjust one to certain Indians in Arizona and New Mexico. The Chairman. How many of the Navajo tribe, which seems to be the one specially mentioned, are off the reservation and on the public domain ? Mr. Eeeves. About 10,000, Mr. Chairman. The Chairman. Will that materially reduce the amount of work in those two States? Mr. Reeves. No, sir. " The expense of making the allotments on the public domain is not as great as on the reservation. The Chairman. Why is that true? Mr. Reeves. Because primarily being the public domain, the survey is made by the Land Office, and we simply do the allotting. We do not have to maintain a crew of surveyors, chainmen and rodmen, simply the allotting agent who assists the Indian in filing the appli- cation. We maintain an alloting agent on the public domain for about $6,000, while on a reservation it costs $15,000, because in addition to himself and his traveling expense he has to have a camp outfit, a crew, a team, a cook, chainmen and rodmen — a full surveying crew. The Chairman. Would not the homes of the Indians living in those two States be subject to entry by white persons? Mr. Reeves. Well, the department requires an affidavit from home- stead entrymen that the land is not occupied or improved by an Indian. While that is a protection to a limited extent, yet we have not found the white entrymen always particular regarding an Indian's improvements. The Chairman. This provision, however, would prevent the In- dian from perfecting his title to the land ? Mr. Reeves. No, sir; I do not so understand it. It would prevent us from using any part of the appropriation in that work. It would not prohibit the Indian from filing his own application, or some one in his behalf, provided we did not use any part of this specific appropriation. The Chairman. Would the Indian be permitted, when he was a ward of the Government, to make application and perfect his title ? Mr. Reeves. We have not found that they are capable of protect- ing their interests. They need assistance not only in filing their applications, but in contest hearings they inevitably lose unless their rights are protected. The Chairman. This is the only sum that the Government pro- vides for that purpose ? 24455—14 2 18 INDIAN APPEOPEIATION BILL. Mr. Eeeves. This is the only appropriation that we have a^ for that work; yes, sir. . ., „ Inrliin Mr. Carter. I want to ask Mr. Meritt a question. Is an ^' '^ f"^"' a ward of the Governn:ent, not a citizen of the United btates, capaoie of filing on the public domain in his own right . Mr. Meritt. Under existing law, as described by the.^J ,f „f;^"« 25, 1910 (36 Stat. L., p. 855, sec. 17) , an Indian is permitted to file on the public domain. I will read the law. Sec. 17. That so much of the Indian appropriation act ^o' J^.^/!f ^ l^' nineteen hundred and ten, approved March third, °"^eteenhimdied and nine as reads as follows, to wit: "That the Secretary of the Inter or be and he hereby is, authorized, under the direction of the President, *« allot any Ind an on the public domain who has not heretofore received an allotment m such* areas as he may deem pr6per, not to exceed, however, eighty acres oi agn- cultural or one hundred and sixty acres of grazing land to any one Indian, such allotment to be made and patent therefor issued m accordance with the provisions of the act of February eighth, eighteen hundred and eighty-seven, be, and the same is hereby, repealed, and sections one and four ^ the act of February twenty-eighth, eighteen hundred and ninety-one (Twenty-sixth Statutes, page seven hundred and ninety-four), be, and tbe same are hereby, amended to read as follows : "Sec. 1. That in all cases where any tribe or band of Indians has been or shall hereafter be located upon any reservation created for their use by treaty stipulation, act of Congress, or Executive order, the President shall be author- ized to cause the same or any part thereof to be surveyed or resurveyed when- ever in his opinion such reservation or any part thereof may be advantageously utilized for agricultural or grazing purposes by such Indians, and to cause allotment to each Indian located thereon to be made in such areas as in his opinion may be for their best interest not to exceed eighty acres of agricul- tural or one hundred and sixty acres of grazing land to any one Indian. And whenever it shall appear to the President that lands on any Indian reservation subject to allotment by authority of law have been or may be brought within any irrigation project, he may cause allotments of such irrigable lands to be made to the Indians entitled thereto in such areas as may be for their best interest not to exceed, however, forty acres to any one Indian, and such irrigable land shall be held to be equal in quantity to twice the number of acres of nonirrigable agricultural land and four times the number of acres of nonirrigable grazing land : Provided, That the remaining area to which any Indian may be entitled under existing law after he shall have received his proportion of irrigable land on the basis of equalization herein established may be allotted to him from nonirrigable agricultural or grazing lands: Provided further, That where a treaty or act of Congress setting apart" such reservation provides for allotments in severalty in quantity greater or less than that herein authorized, the President shall cause allotments on such reservations to be made in quantity as specified in such treaty or act subject, however, to the basis of equalization between irrigable and nonirrigable lands established herein, but in such cases allotments may be made in quantity as specified in this act, with the consent of the Indians expressed in such manner as the President in his discretion may require. "Sec. 4. That where any Indian entitled to allotment under existing laws shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application . to the local land ofl3ce for the district in which the lands are located, to have the same allotted to him, or her, and to his or her children in manner as provided by law for allotments to Indians residing upon reservations, and such allotments to Indians on the public domain as herein provided shall be made in such areas as the President may deem proper, not to exceed, how- ever, forty acres of irrigable land or eighty acres of nonirrigable agricultural land or one hundred and sixty acres of nonirrigable grazing land to any one' Indian and when such settlement is made upon unsurveyed lands the grant to such Indiiins shall be adjusted upon the survey of the lands so as to conform thereto, and patent shall be issued to them for such lands in the manner ind with the restrictions provided in the act of which this is amendatorv And the fees to which the officers of such local land office would have been pnffit were rather of the opinion that it was a very doubtful proposmon as to whether general allotments ougM to be -de - *at^lo-% or not, and I would like to know what tne ^^^^'^'^"- ^ , about it; and I want to say that this question ,at to hp Mr. Burke. Will you point out any act that requires ttiat to be done so far as minerals are concerned ? t ,.^^oil +liat io or, Mr. Meritt. We had this item yesterday, as I recall-that is, an appropriation that was used for this same purpose. Mr. Reeves. It was under irrigation-f or stream gau^ng Mr. Burke. That was paid to the Geological Survey, too^ Mr. Meritt. Yes, sir. ' , , . „_• ,. Mr. Burke. I know all about the law that requires examinations as to power sites, but I have been trying to find out for several years what it is that requires examinations by the Geological Survey of Indian allotments to see whether there is any mineral on them or not Mr Meritt. There is no general law on that subject so tar as it applies to Indian allotments, but there are two special laws— one applying to the Fort Berthold Reservation and one applying to the Standing Rock and Cheyenne River Reservations. Mr. Burke. Yes ; but I have been trying to find out for my own information just what the purpose is of ascertaining whether there is mineral on Indian allotments when the Indian makes an apph- cation for a patent in fee. What has that to do with the question of his competency ? Suppose it was very valuable land from a min- eral standpoint, you could not take it away from him, and I have been unable to see why we have to have the Geological Survey to examine the allotments. Mr. Meritt. As I explained yesterday, that is one of the orders issued by former First Assistant Secretary Adams, which required that we get from the Geological Survey certain reports, and in some cases reports from the Reclamation Service. In other cases we were required to obtain reports from the General Land Office. This en- tailed a great deal of extra work and cost on the Indian Office, and made it difficult to issue patents in fee or deeds when selling Indian lands. Mr. Burke. Then that expenditure has been incurred annually as the result of a regulation, and not because of a' law, so far as the mineral part of it is concerned? Mr. Meritt. Yes, sir. I would like to add that Commissioner Sells recently made a recommendation to the Secretary of the In- terior, and that recommendation has been approved, practically revoking that former order. Mr. Burke. Now there is a footnote in this analysis, as follows: " $60,065.62 paid to employees in the Indian Office in Washington." Explain what that refers to. Mr. MERiTr. Prior to this fiscal year we paid certain clerks in the Indian Office out of the allotment appropriation, but there was a provision in the legislative appropriation act providing that there- after the employees in the Indian Office shall be specifically appro- priated for in the regular legislative .act, and hereafter we will not pay such employees in the Indian Office out of this appropriation. Mr. Burke. You have paid to these employees $60,065.62 hereto- fore from this appropriation, and you are now paying these em- ployees from an appropriation made by the Appropriations Com- mittee in the legislative bill. If that is true, why can not this amount be reduced by a corresponding amount? INDIAN APPKOPEIATION BILL. 27 Mr. Meritt. There is certain allotment work that we would like to do as early as possible, and we thought if we could get $225,000 for this next year it would enable us sooner to com])]ete that allot- ment work. Mr. Burke. But when you had an appropriation of $250,000, you had 18 alloting agents and paid out $60,000 to employees in the Indian Office. Now the employees in the Indian Office are paid from another appropriation, and you have only six allotting agents, and it seems to me that it should be very materially reduced. Mr. Meritt. It is estimated that about 40 per cent of the Indians have not yet received allotments, and it will require a very large amount of money to allot all of the Indians in the United States. Mr. Burke. That is undoubtedly true, but I understood from Mr. Reeves that the conditions now were such that you are going to dis- continue this large force because you are not ready, I presume, to make allotments, and he stated that it was not contemplated, so far as he knew, to increase this allotting force, which is now composed of six agents. ^Ir. Meritt. I believe that, while the General Land Office has submitted an estimate for $100,000 of our appropriation for survey work, thereby greatly increasing their work along that line, we could possibly reduce this item to $200,000. Mr. Bueke. Suppose we should conclude, as we did last year, that we did not care to provide for this survey on the Navajo Reservation ; then you could not use the $43,000 that is estimated for that work, and you could leave that out, could you not? Mr. Meritt. I had that partly in mind when I suggested that you reduce it to $200,000. Mr. Reeves. There is just one suggestion I would like to make, Mr. Burke, about the remark you have just made in connection with expenditures. Three or four years ago we did maintain a large force of allotting agents, but -practically every dollar appropriated by Congress was expended in allotting work, and we allotted so rapidly that we got to that point where we practically had to stop because the land had not been surveyed. In the last two or three years we have been reducing the allotting appropriation consistently and in- creasing the amount asked for in the survey work so that we could continue. Now, it really does not make any difference, so far as this particular reservation is concerned, whether these Indians are allotted this year or next year. Mr. Burke. If we made an appropriation of $43,000 for the sur- vey work on the Navajo Reservation you would not be ready to do any allotting next year, and when you take into consideration the way the General Land Office makes surveys and the time required in giving the contracts to do the work, the survey and examination of the lands usually cover a period of two or three years. Mr. Reeves. Yes, sir; a survey should precede the allotting work by two or three years anyhow. The Chairman. In the work of surveying and allotting Indian reservations, $100,000 of the appropriation is used under the direc- tion of the Commissioner of the General Land Office in the survey work, and $125,000 is to be used in the allotment, classification, and appraisement work by the Indian Office. Then, $60,000 is used for the pay of employees in the Indian Office 28 INDIAK APPBOPEIATION BILE. Mr. Reeves. No, sir; those positions that were formerly paid from this appropriation are provided for by the legislative bill, and we now do not incur that expense from this fund. . The Chairman. Then, if they are carried in the legislative bill, why should you carry it in this bill ? Mr. &EEVES. We do not carry it in this bill. That is last year's statement. That is what used to happen before the positions were consolidated in the legislative bill with the legislative positions. The Chairman. Then, why have you not reduced the amount you had last year? Mr. Eeeves. There has been no reduction of the amount on account of that consolidation of positions. The standard of appropriation has been maintained, but this is simply to carry on the survey work and is absolutely for no other purpose. The Chairsian. I call your attention to this $27,300 item — I be- lieve it is for work on the Mescalero Reservation. Why does it require an expenditure of $27,300 to allot 187 Indians on that reserva- tion? Mr. Reeves. If you will notice that more closely, you will see that it comes under the survey item of the General Land Office. It is for the survey of that reservation in order to enable the Oklahoma Apache Indians, who moved from the Fort Sill Reservation, to begin the cultivation of specific tracts of land and the erection of permanent improvements preliminary to allotment. We do not con- template allotting them within the next year. The Chairman. Is there any law authorizing the department to allot these Oklahoma Apache Indians on any part of that reserva- tion? Mr. Reeves. Yes, sir; the general allotment act. The Chairman. The one that was read into the record to-day? Mr. Reeves Yes, sir. The Chairman. That applies to the public domain ? Mr. Reeves. Yes, sir ; that particular section of it does, but I speak of the general allotment act. It has two or three component parts, and part of it relates to reservation allotments and a part to public domain allotments, but it is the same statute, practically. The Chairman. Do you hold that the fact of the removal of these Indians from Oklahoma to this reservation carried with it the right in these Indians to become Mescalero Apaches and to have the same rights and privileges as the Mescalero Apaches on that reservation? Mr. Reeves. That was agreed to by the Mescalero Apaches. They were really members of the same tribe originally. The Chairman. Therefore, it is contemplated that in allotting land on this reservation they are to be allotted as if they had been on this reservation all the while? Mr. Reeves. Yes, sir. Mr. Meritt. I think it might be interesting to place in the record the following information: It is estimated that there have been allotted 180,000 Indians and about 34,000,000 acres of land; there remain to be allotted about 39,000,000 acres of land, and there are nearly 120,000 unallotted Indians. There have been expended in allotment work $4,500,000, and it is believed that it will require about $3,000,000 to complete the allotment work among the Indians. INDIAN APPEOPEIATION BILL. 29 Mr. Burke. I want to ask one or two questions about the Pine Ridge Reservation. You estimate $15,000 here, and there are about 1,300 Indians that have not be alloted. Is there any land left there? Mr. Reeves. Yes, sir. Mr. Btjrke. I had supposed that was about all gone. Mr. Reeves. There was some question raised about that when Senate bill 2341, Sixty-first Congress was pending — that is, whether there was sufficient land there to allot the Indians, but Maj. Mc- Laughlin, after a careful examination, concluded that there would be enough land to go around. Mr. Btjrke. There is one item that possibly would add to this ap- propriation that has not been referred to, and that is found on pa^ 4 of the justification, the amount being $40,000. Now, that item is to cover the expense of classifying and appraising the surplus lands on the Colville Reservation, in order that they may be disposed of under the act of March 22, 1906, which authorizes their disposal, and if this amount is appropriated, I presume that will be the only appropriation that will be necessary in connection with that work, will it not ? Mr. Reeves. There is a question in my mind whether $40,000 will be sufficient to cover that work. There are about 1,000,000 acres of surplus land. That $40,000, however, will cover the work for one fiscal year, but whether we will have to come back next year and ask for an additional $10,000 or $15,000, 1 can not say. Mr. Burke. You think around $50,000 will cover it ? Mr. Reeves. Yes, sir. Mr. BuHKE. Of course that amount, just as soon as the lands are actually sold, would be reimbursed from the proceeds. Mr. Reeves. Yes, sir. Mr. Burke. Do you recall whether in the estimate for last year's appropriations there was any amount estimated in connection with this particular reservation ? Mr. Reeves. There was, for allotment, classification, and appraise- ment work combined. We expected to get through with the allot- ment work in time, but it is not done yet: Mr. Burke, {interposing). Has the classification and appraisement work been done yet ? Mr. Reeves. No, sir. Mr. Burke. You say there are about 1,000,000 acres ? Mr. Reeves. Yes, sir. Mr. Burke. How long do you estimate it will require to classify and appraise that land ? Mr. Reeves. It depends somewhat upon the activity of the men who are put in charge of the job. It will take at least one full work- ing season. If we started early in March we might get through before winter shuts us off, but if you do not begin the field work until July or August, you would be shut off by winter Mr. Burke. On the Cheyenne River and Standing Rock Reserva- tions by the act of 1908, the lands were appraised, and there was a commission appointed to do the work, I think one of your allotting force Mr Gunderson, was appointed. The law required the work to be completed in six months, and they completed it m about three months? 30 INDIAN APPKOPKIATION BILL. Mr. Eeeves. Yes, sir. Mr. Mekitt. Mr. Gunderson was a good allotting agent. Mr. BuEKE. Yes; and that is the reason why it happened. That shows you what may be done. But just as long as there is no con- gressional direction as to when this work is to be done, it will drag on as long as possible — as long as some of us will live. Mr. Eeeves. There is no time limit placed on the Colville Reserva- tion work. Mr. Meeitt. I might say that there has been a great deal of money wasted in this allotment work largely because of the method of ap- pointing allotting agents. You take, for instance, the allotment work on the Colville Eeservation : That work has been unnecessarily delayed and drawn out, largely in order to perpetuate certain posi- tions out there. The Commissioner has taken action to discontinue this abuse. Mr. BuEKE. I think you know, Mr. Meritt, that in the last few years there has been a great reform in the way allotment work has been carried on, and there is probably an opportunity for more reform in that direction. Mr. Meeitt. There has been some reform, and I think it can be still further reformed. Mr. BuEKE. Did you say that the allotment work on this Colville Eeservation is done? » Mr. Reeves. It is practically done. All the Indians now enrolled have been allotted in the field, but there are about 300 applications for enrollment pending, and whether they are admitted into the tribe or not will depend on departmental decisions to a large extent. If they are admitted, of course they will have to be allotted. The work is now shut down for the winter. Mr. Btjeke. If the allotment work is not completed, and will not be completed for the next few months, we might postpone making an appropriation for the classification and appraisement of the lands until the allotment work is done. Mr. Eeeves. If they want to begin the classification and appraise- ment work in June or July, it would mean postponing the entire matter for a year, because we should not start to work for one month or so and then stop. It would be better not to start at all. Mr. Bueke. This law provides: That upon the completion of allotments, the residue or surplus lands, that is, lands not allotted or reserved for Indian school, agency, or other purposes, of said diminished Colville Indian Reservation shall be classified under the direc- tion of the Secretary of the Interior as irrigable lands, grazing lands, timber lands, mineral lands, or arid lands, and shall be appraised in their proper classes by legal subdivisions, with the exception of lands classified as mineral lands, which need not be appraised. Now, a considerable portion of those lands have been classified as timber lands, have they not? Mr. Eeeves. Yes, sir. Mr. BuEKE. And that land is not allotted? Mr. Reeves. No, sir. Mr. Bueke. And the work of appraising the timber lands would necessarily probably take some considerable time as compared with, the time necessary for apjDraising ordinary agricultural lands ? Mr. Reeves. Yes, sir. INDIAN APPROPRIATION BILL. 31 Mr. Carter. How are these allotting agents appointed? Mr. Eeeves. They are appointed by the President. Mr. Carter. What salary do they get— $10 per day ? Mr. Eeeves. $8 per day. " Mr. Cari-er. While at work? Mr. Eeeves. While actually and necessarily employed. Mr. Meritt. I might add, Mr. Carter, that they have been charging for Sunday work, until recently, when Commissioner Sells ordered a discontinuance of that abuse. Mr. Carter. Have they been breaking the Sabbath? How is it that they do not come under the classified service? Did not the act placing the employees in the Indian Office under the classified civil service embrace all the employees? Mr. Eeeves. That provision related only to those employees in the Indian Office who were paid out of lump sum apropriations rather than to statutory positions. They were carrying from 40 to 60 clerks in the office who were engaged in various kinds of work and who were paid out of appropriations covering those various classes of work. Some of these positions were provided for in the legislative bill, making them statutory. Mr. Carter. How were the others placed under civil service ? Mr. Eeeves. By executive order, I suppose. Mr. Carter. And the executive order has just not been extended to these employees? Mr. Eeex'es. That is my understanding of the matter. Mr. Carter. All of these employees were placed in the classified service by executive order without requiring any examinations, were they not? Mr. Eeeves. I do not know. The subcommittee met at 10 o'clock a. m., Hon. John Stephens (chairman) presiding. STATEMENTS OF MR. E. B. MERITT, ASSISTANT COMMISSIONER, AND MR. W. M. REED, MR. McGILL CONNER, AND MR. F. R, SCHANCK, OF THE INDIAN IRRIGATION SERVICE. The Chairman. What is the first item you wish to take up this morning ? Mr. Meritt. The commissioner expressed regret that he could not be here this morning and make a statement regarding the irri- gation items, which are considered important. The next item reads as follows : For the construction, repair, and maintenance of ditches, reservoirs, and dams, purchase and use of irrigation tools, and appliances, water rights, ditches, lands necessary for canals, pipe lines, and reservoirs for Indian reservations and allotments, and for drainage and protection of irrigable lands from damage by floods, or loss of water rights, including expenses of necessary surveys and investigations to determine the feasibility and estimated cost of new projects and power and reservoir sites on Indian reservations in accordance with the provisions of section thirteen of the act of June twenty-flfth, nineteen hundred and ten, $335,000, to remain available until expended: Provide/l, That no part of this appropriation shall be expended on any irrigation system or reclama- tion project for which specific appropriation is made in this act, or for which public funds are, or may be, available under. any other act of Congress; for pay of one chief inspector of Irrigation, who shall be a skilled irrigation engl. 82 INDIAN APPKOPEIATION BILL. beer, $4,000; one assistant inspector of irrigation, who shall be a ^'^'"^'Li"'" gation engineer, $2,500; for traveling and incidental expenses of two inspectors of irrigation, including sleeping-car fare and a per diem of $3 m ueu or sud- sistence when actually employed on duty in the field and away from designated headquarters, $4,200; in all, $345,700: Provided also, That not; to exceed seven superintendents of irrigation, six of whom shall be skilled irrigation engineers and one competent to pass upon water rights, and one field-oost accountant may be employed : Provided further, That the proceeds of sales of matenal utilized for temporary work and structures, and money refunded m connection witli any irrigation system or reclamation project within the jurisdiction ot the Indian Service, shall be covered into the appropriation made therefor and be available for the purpose of the appropriation ; and for lands irrigable under any such system or project the Secretary of the Interior may fix maintenance charges which shall be paid as he may direct, such payments to be available for use in maintaining the project or system for which collected. We offer for the record the following justification: Item No. 2. — Ibrigation, Indian Resebvations. fiscal year ending June 30, 1914 : Amount appropriated - $345, 700.00 fiscal year ended June 30, 1913 : Unexpended balance from previous years 74,268.20 Amount appropriated 335, 700.00 409, 968. 20 Amount expended 305, 745. 86 Unexpended balance 104, 222. 34 Analysis of expenditures. Salaries, wages, etc $212,273.04 Traveling expenses 12, 349. 23 Transportation of supplies 7,808.73 ^Telegraph and telephone service 596.57 Material 24, 211. 35 Stationery 266.78 Fuel 769. 67 Mechanics' supplies 49. 00 Printing and advertising 387.46 Forage 834. 40 Equipment 14, 994. 22 iPurchase of Dr. Morrison ditch. Southern Ute Reservation 15,000.00 Annual assessment on construction of canals, etc., Camp McDowell Reservation 9, 360. 00 tJnited States Geological Survey for gauging streams, etc 6,610.09 Miscellaneous 245.32 305, 745. 86 GENEBAL FUND. This fund, which is not reimbursable, is very important to the welfare of hiany needy Indians. It is applicable for work on various reservations where the Indians have no resources which can be used as a basis of credit to obtain loans from the Government. It is used for both irrigation and drainage and for the protection of irrigable lauds from damage by floods. It Is also used for the payment of annual reclamation charges for Indian lands under the Truckee-Carson, Nev., and Salt River Valley, Ariz., reclamation projects. It provides for the expenses of the chief inspector of irrigation in connection with the general supervision of all irrigation work performed on Indian reservations, Including the preparation of monthly and annual cost reports covering ex- penditures from the general fund, tribal moneys, or special appropriations INDIAN APPROPRIATION BILL. 33 The arid regions within which are included the vnrious Indian reservations requiring irrigation have been divided into districts numbered from 1 to 5 and the following map was prepared under the direction of the chief inspector of Irrigation, which outlined the various districts to which the following super- intendents of irrigation have been assigned: Supt. of Irrigation L. M. Holt has been assigued to district No. 1, which in- cludes irrigation work on reservations in Washington, Oregon, and northern California. Supt. H. W. Dietz has charge of district No. 2, which includes irrigation work on reservations in Idaho, Utah, and Nevada. Supt. W. S. Hanna has charge of irrigation work in district No. 3, which includes all Indian reservations in Montana and Wyoming. Supt. C. E. Olberg has been assigned to district No. 4, which comprises Irriga- tion work on reservations in southern California and southern Arizona. Supt. H. F. Robinson has charge of district No. 5, which includes irrigation work on all reservations in northern Arizona, New Jlexico, and Colorado : and Supt. F. R. Schanck is the hydroelectric and mechanical engineering expert for the service and is therefore assigned to duty wherever his services are required. The amounts requested for irrigation work on the various Indian reservations during the fiscal year 1915 in the several irrigation districts, including power investigations, administrative expenses, etc., are as follows: Salary chief inspector irrigation Salary assistant inspector irrigation Traveling expenses, two inspectors of irrigation Salary, per diem, miscellaneous expenses of seven superintendents of irriga- tion Salary, etc., one field accountant Ofiice superintendent of irrigation (Albuquerque) AEIZON.A.. Papago Eeservation, district No. 4, operation and maintenance of pumping plant and canals and installation of one additional pumping plant Maricopa Papagoes, district No. ij Installation of pumping plant, Ak-chln... Navajo Extension Eeservation, district No. 5, test wells to determine under- ground water supply *. Gila Eiver Reservation, district No. 4, surveys to protect water rights of the Pima Indians and repairs to existing canals, etc Miscellaneous surveys to protect water rights and determine irrigation pos- sibilities on Indian reservations, Arizona ABIZONA AND NEW MEXICO. Navajo and Moqui Reservation, district No. 5, Hogback canal project. New Mexico Underground water explorations, Navajo and Moqui, district No. 5 CALIFORNIA. Morongo Reservation, district No. 4, operation and maintenance of pump- ing plant and completing cement pipe-line distributing system Pala Reservation district No. 4, operation and maintenance of pumping S'ant and completion of Pala irrigation project oba Reservation, district No. 4, maintenance and operation of pump- ing plant and installation of an additional plant Rincon Reservation, district No. 4, maintenance and operation of pump- ing plant and completion of the irrigation project Mission Creek Reservation, district No. 4, construction of the Mission Creek project Tuolumne Reservation, district No. 4, construction of irrigation project Tule River Reservation, district No. 4, repairs to flume and canal line Owens Valley, Inyo County, Cal., district No. 4, purchase of water rights for 950 acres of Indian land lying along Pine Creek Miscellaneous survejrs California reservations and expenses ofiice of the superintendent of irrigation, district No. 4 COIORAnO. Southern Ute Reservation, allotments, district No. 5, construction of irriga- tion system. Pine River Valley Maintenance of Pine River system 1 Map not printed. 24455—14 3 Amount. Total. S4,000.00 2,500.00 4, 200. 00 SIO 700.00 35.000.00 3, 300. 00 8,120.00 36,000.00 3. 300. 00 8.120.00 8,000.00 22, 200. 00 30. 200. 00 12,800.00 12.800.00 10,000.00 10,000.00 9,000.00 9, 000. 00 20,000.00 2, 000. 00 22.000.00 15, 000. 00 15,000.00 10,900.00 10, 900. 00 7,600.00 7, 600. 00 6,800.00 6, 800. 00 7,400.00 4, 900. 00 3,500.00 7, 400. 00 4.900.00 3,500.00 20,000.00 20.000.00 10,000.00 10,000.00 20, 000. 00 5,000.00 2.5,000.00 34 INDIAN APPBOPEIATION BILL. Amount. Total. NEW MEXICO. Pueblo reservations, distrirt No. 5, ditcli repairs, extensions, and river pro- ,810,000.00 3,000.00 13,500.00 14; 600. 00 10,000.00 .5,000.00 .5,000.00 .5,000.00 5, 000. 00 1,200.00 1,200.00 1,200.00 18,780.00 $10,000.00 Zuni Re^rvation, district No. .5, maintenance and operation of irrigation 3,000.00 NEVAD.V.. Carson Sink allotments, payment of annual irrigation charges of the Re- 1,3,500.00 14,600.00 OKEGON. Klamath Reservation, irrigation and drainage, snrveys and construction 10,000.00 Oregon^ Washington, and northern Calitornia, district No. 1, investigations of ii-ngation and drainage projects on small reservations in the above-men- 5,000.00 10.000.01) Colville Reservation, surveys, plans, and estimates of cost of proposed pump- .5,000.00 NKV.A.DA AND ARIZONA. Supervision constructed ditches Pima Reservation 3,600.00 18,780.00 Total . . 345.700.00 For salary of chief Inspector of irrigation $4,000 For salary of assistant inspector of irrigation 2, 500 Traveling expenses of inspectors _' 4,200 Total 10, 700 On the various irrigation projects, it is often found advisable to dispose of certain equipment, supplies, and material not necessary for the further con- struction of the project. Under the present laws and decisions by the comp- troller, the funds derived from the sale of such articles must be deposited to the credit of the United States and are no longer available for construction of the projects for which they were appropriated; and this, so far as the irri- gation work is concerned, amounts to a reduction of the appropriation. On many of the projects the lands of whites, as well as those of Indians, are irrigated, and the systems are maintained and operated by the Indian Service for some years after the completion of the project. The acreage cost for maintenance on these projects is fixed by the Secretary of the Interior each year, and the necessity for some specific authority of law for collecting main- tenance charges has become apparent. The Comptroller of the Treasury has decided in the case of Fort Hall, which would 'undoubtedly apply to other reservations, that the moneys so collected must be deposited to the credit of the United States. It is therefore unavailable for the purpose for which it was intended,; unless later appropriated by Congress. If legislation as suggested in the draft of the bill prepared by the Indian Office is passed, the amount of money available for the construction of a project will equal the appropriation, and the money collected for maintenance, bnsed on estimates fixed by the Secretary of the Interior, will be used for the iJiirpos'e of maintaining and operating the various systems. SUPERINTENDENT TO PASS UPON WATER BIGHTS. To .lune .SO, 1912, about $8,000,000 had been expended in construction and extension of systems of irrigation works to furnish water for use of Indian ici^ervatlous, allotments, and lands. . The value of this vast investment depends IXDIAiY APPROPRIATION BILL. 35 almost wholly on the legal rights to use of water on the land, and even though title to some of it may rest on the laws of appropriation and beneficial use, the only ■■ good title to water for irrigation under such laws is a decree of the court. The construction of irrigation projects now approved is progressing as satis- factorily with the funds available as the amount thereof will allow, and in- volves expenditures of a luilliou to a million and a half dollars yearly. At the same time other irrigation development contemplating the use "of water from the same sources as that required for the Indians is proceeding, and while there appears to be no danger of immediate loss of water rights, the Indian Service faces, with reasonable degree of certainty, litigation, except in the few cases where the rights have been decreed, to determine the Indian rights to use water, and only upon the favorable determination of such rights can the large sums invested in irrigation works be considered fairly safe from danger of loss. Some of the cases involved in conflicting claims to water rights have been before Congress, notably the Pima and Yakima matters. Recently the Secretary of tbe Interior secured the appointment of a special assistant to the Attorney General and his assignment to the Pima case to prevent further encroachments upon the Pima water rights, and he found the record and knowledge of fact necesgary to support the Government in its desire to protect these rights entirely inadequate and could only suggest a procedure to follow in order to be in position to defend its claims or to prevent further loss. Congress has had before it at different times measures looking toward relief of the I'akima situation, the successful consummation of which involves the adjustment of conflicting claims to water, and it may be safely said that the success of the Reclamation Service, another bureau of the Interior Department, in the Yakima Valley, as well as the security of the $500,000 or more invested in Indian irrigation works, depends upon the department having of record an intimate knowledge of all the facts obtainable relating to the use of water and kindred matters. The water rights for the larger systems on the Uintah Reservation, Utah, those on the Crow and Fort Hall Reservations, and others require for their pro- tection the attention of a competent officer, .in order that the Government may be in a position to act with some degree of assurance when the time C9mes. This is one of the matters which has given the chief inspector of irrigation much concern, and he has pointed out the necessities of the situation and recommends that authority of law be given to appoint as one of the seven super- intendents of irrigation authorized by law a man qualifled to pass upon water rights and work in harmony and close cooperation with the chief irrigation inspector. The necessity of the case justifies, in the opinion of the oflice, the proposed amendment, and it is urged that it be adopted by Congress at this time, as the immediate demands of the service require it. It might be men- tioned that no additional funds or position is required or contemplated for this service. yFor one field cost accountant, salary and expenses, $3,300. The necessity for such an officer is very plainly apparent. For some years efforts have been made to systematize the accounting in the field, but they have not always been successful, and it is believed that a field officer who could visit the various projects, inspect the books, and instruct the project clerks would be a very great benefit to the irrigation service. No matter how carefully a form is drawn up in the office, the men in the field will vary in their use of it, and confusion results. In the field the actual construction assumes first importance, and the history of how the work was accomplished takes second place. Some arrangement which would equalize the two things will lessen the work in the office and greatly assist the men in the field. The field cost accountant could' visit each large project often enough to keep the work always up to the standard demanded, and instruct the project clerk in any new requirements in person, which it must be admitted is much to be preferred to attempting the same worfc by letter. As it now is, a new clerk, no matter how capable, falls heir to the mistakes of his predecessor, and only learns by long experience what is wanted, or, as happens oftener, what Is not wanted. The plan suggested is one which is followed by large corporations which have many offices. It is much more necessary in the work of the Indian Service, where the work is conducted under different acts of Congress carrying specific appropriations, and must conform to the law and the Treasury decisions. A man in the field, particularly if enthusiastic about .his work, frequently chafes under the rules, and sometimes ignores them, with very unpleasant results to 36 INDIAN APPROPRIATION BILL. bimself. Careful instruction in tlie forms, wrtli reasons why tliey must be followed, might obviate trouble and save some very efficient workers to the service A well-trained clerk is of immense importance to any project, and saves the time of the technical men. If these clerks were helped in the manner planned the whole service would be the gainer. ., . , Salary per diem and miscellaneous expenses of supervision and miscel- laneous details and surveys for seven superintendents of irrigation ($5,000 each), $35,000. . ^. ^ _.,. , This covers the expense of the present organization and one additional superintendent of irrigation who shall be competent to pass upon water rights. It is an element of weakness in the service that we have no officer capable of deciding upon complicated water-right situations, as the officers assigned for the various districts can not be expected to add legal attainments to their technical knowledge of irrigation and other engineering branches. An otBcer such as is contemplated by this legislation would be able to prevent many serious complications such as have occurred in the past. This legislation is very urgently rcommended. We are now obliged to call upon the Attorney General's office for any legal assistance required.. The district attorneys have many calls upon their time and though they appear for the Indians they are not able to prepare the cases in a manner really satisfactory to themselves or the Indian Service. It is only when a case reaches the fighting point that we can call upon the district attor- neys at all, though that is usually years too late. To begin at the beginning and ascertain the legal rights of the Indians before constructing a project Is only common prudence, such as would be practiced by any business firm con- templating a large outlay of money. It is believed that an efficient man who could devote his entire time to the work could prevent many suits and other complications. A district attorney has many interests and can not be expected to be so much interested in Indian work as would an employee of the service and we could not in justice call on him for preliminary investigation work, such as is contemplated for part of the duty of the iiew officer. Many of the most serious of the water disputes could have been prevented by careful study by a competent legal man in the first place. The service has already a specialist in the hydroelectrical expert, who is not assigned to a special district but goes wherever his special knowledge is re- quired, supplementing the work of the other superintendents of irrigation. This officer's work has proven of great service and it is believed that another specialist, on legal matters connected with irrigation, would prove even more so. For office of the superintendent of Irrigation, Albuquerque, $8,120. This item covers salaries, miscellaneous expenses, special details, and other adequate expenses for the fifth district, and Includes the salary of the chief clerk and one instrument man, who is on miscellaneous details in addition to looking after the cost-data work in the office. District No. 5 covers a very large territory, and many of the projects, in fact most of them, are not accessible by railroad. There are a great number of small projects within this territory, wMch is a very difficult one to handle by reason of these facts. SAN XAVIEB BESERVATION, ARIZ. For the operation and maintenance of pumping plant and canals : Stationary engineer, per annum $900 Fuel oil and incidentals 800 Jiepairs to existing canals 800 Total 2,500 Subdivided as follows : Salaries $1,500 Fuel 700 Materials 200 Miscellaneous 100 This item is necessary for the operation of the temporary pumping plant, Installed during the past fiscal year. The Indians now use the water supplied by the plant to the fullest extent, and they should not be discouraged inits use. The canals on the east side of the reservation are subject to destruction by numerous floods and each year require extensive repairs, and in all probability the estimated amount will be needed for that purpose. IXDIAX APPEOPEIATION BILL. 37 SAN XAVIER RESKRVATION (NEW CONSTRUCTION). For the iustallation of an additional pumping plant, on this reservation, the plant to be installed in accordiince with the special report submitted Novem- ber 14, 1912: Machinery $2,000 Well 2,000 Pump house . 500 Engineering, superintendent, and office expenses 1,000 Total 5,500 Subdivided as follows : Salaries $3, 050 Traveling expense 150 Equipment 2,000 Materials 300 Total 5, 500 The iustallation of the proposed pumping plant is not only urgently required by the Indians for present use, but its Installation would preserve to the extent of the amount of water developed their rights in the underground waters of the Santa Cruz River. On the assumption that Congress may do something for this deserving tribe, the superintendent of irrigation has submitted an esti- mate for the construction of the entire project. This project is urgently required, as stated in the report noted above, and should, if possible, be installed in the near future. If this is not possible the small plant which forms an individual project by itself, should by all means be installed. Approximately, 360 Indians. Area reservation, 69,200 acres. Estimated area of completed project, 3,000 acres. Cost of project to date, $4,601.88. For the installation and construction of a pumping-plant system for the Papago village of Ak-Chin. near Maricopa, Ariz., $22,200. These Indians are in an almost destitute condition and have been reported upon several times by diflferent supervisors of the Indian Service. The wells which they have show that water is not far from the surface. The test wells which have been drilled in the locality by whites, and the well of the Southern Pacific Railroad Co., indicate that an ample supply for irrigating several hun- dred acres can be obtained at reasonable cost. Apparently the Government has never aided this village in any way, and they have eked out a miserable exist- ence by using the flood waters from the Ak-Chin wash. They raise crops m years of exceptional and well-distributed rains, but live principally by beggmg and doing odd jobs in the sparsely settled white communities. There are about 105 Indians in this village, and it is expected that three or four acres for each individual could be supplied with water for irrigation. The lands they have are fertile and the growing season is long, so that with a reasonable amount of assistance they should become self-supporting. A thorough investigation has been made of all available water supply, by gravity or otherwise, and no other plan besides pumping was found. For test wells, to determine the water supply o fthe Xavajo Extension Reser- vation, $12,800. Well-drilling rig ^^,000 Casinsc, piping, and other material o'nnn Engine and pump for testing ^''f^ Fuel and supplies 4*000 Labor ' „f^ Supervision and incidentals „,, 12,800 Total ' The lands along the Little Colorado River near Leupp have fertile and pro- ductive soil but the only practical water supply seems to be from wells^ .^^ H','' annual report for 1911, Supt. Schanck recommended that the matter of msta - tag a large generating plant at some point on the railroad be thoroughly mvesti- 38 INDIAN APPROPRIATION BILL. gated, so tliat fuel could be landed at it cheaper, and that electrical energy might be transmitted to various pumping plants along the Little Colorado. To gain the requisite information as to the quantities of water which may bg obtained from each group of wells and the dapth from which it would have to be drawn, the above apportionment is recommended. There are new types of well screens and methods of pumping which will yield large quantities of water from water-bearing strata, consisting of sand, such as is found along the Little Colorado. The school pumping plant installed at Leupp proves that a large quantity of water exists, and if test wells were put down as recommended they would be available for use in any permanent irrigation system. Tentative estimates of the total cost of the power plant, transmission line, pumping plants, and wells have been made by Supt. of Irrigation Schanck:, and the total would indicate that this is a feasible pro.iect. No Indians are more industrious than the Navajos, and their lands are so» located that water is very difficult to procure except in certain localities, of which this is believed to be the best. GILA RIVER INDIAN RESERVATION, ARIZ. (NEW CONSTRUCTION). For the preparation of surveys, maps, and plans, water measurements, the assembling of other data, the diversion of additional water, repairs to existing canals, and to protect the water rights of the Pima Indians, $10,000. The above work is necessary to determine the agricultural possibilities of this reservation, as well as to protect the water rights of the Pima Indians in the Gila River. Owing to the lack of adequate surveys, it is Impossible to estimate the cost of future diversion. Salaries 1 $6, 700 Traveling expense 300 Equipment 600 Materials 2,400 Total 10,000 Miscelhi neons snrveyft rind wvestigations and pw'chtific of general eqtiipm,eiit for Arizona. Assistant engineer. months, at $2,000 per year $1,000 Instrument man, 1 year, at $100 per month_'_ 1,200 Rodman, 1 year, at $75 per month 900 Axman, 1 year, at $65 per month 780 Traveling and office expense, including team or upkeep of automobile.. 2. 000 General equipment ± 3,120 Total -_ 9,000 Subdivided a.s follows : Salaries $4,380 Traveling expense 1.000 Equipment 3.120 Miscella neons 500 Total 9,000 The maintenance of this party in the field and the purchase of the general equipment for use on all Arizona pro.iects not iirovided for by special appropria- tion is required for the same reasons as like items are required in California. Owing to the great distance and high freight charges it is not economically advisable to use the equipment purchased for use on California projects on the Arizona reservations. There are many Indians residing in Arizona within this district whose water rights it will probably be necessary to protect in the near future. The above party is necessary for the determination of the rights, as well as the determination of the irrigation possibilities of the several reserva- tions. It is also required to assist in the assembling of data necessary for the preparation of reports, which will probably be required by the department in the future, as they have been needed in the past. INDIAN APPROPRIATION BILL. 39 Navajo and Moki Reservations. Hog Back Canal, San Jnan project, $20,000. By 1915 the main project will be practically completed, and this will cover operation and maintenance and such lateral construction as may be necessary. Investigations, underground water resources, Navajo and Moqui Reservations, $2,000. For several years the United States Geological Survey has maintained on account of the Indian Service in the Navajo iind Moqui country a geological expert searching for indications of underground water. This apportionment Is to reimburse that service for the cost of the work. These reservations cover an immense area of desert land fit only for graz- ing, and not for that without water for stock. Owing to the scarcity of water, the stock industry has not developed as it should, and the Indians are put to extremes to keep their animals in feed and water. There have been found indications of an artesian supply of water which could be used for irrigation as well as for domestic purposes should the flow develop. This item is considered a meritorious use of funds to better the con- ditions of the Indians. MOKONGO RESERVATION. Current expenses : • Operation and maintenance of pumping plant — Stationary engineer to operate $1, 200 Distillate 350 Lubricating oil and incidentals 100 Total 1,650 Subdivided as follows : Salaries and wages 1,200 Fuel 350 Miscellaneous 100 Total 1,650 New construction and equipment : For completing the cement pipe distribution system in accord- ance with report submitted Aug. 7, 1913 — 12,000 feet 6-inch cement pipe, at 25 cents 3. 000 9,500 feet 8-inch cement pipe, at 30 cents 2, 850 10,000 feet 10-inch cement pipe, at 35 cents 3, 500 72 concrete structures, at $25 1. 800 Enginering, superintendence, and office expenses 2, 200 Total 13, 350 Current expeme. — It will also be necessary to employ a competent man to manage the distribution of water and to operate the distillate engine when the flow from the tunnel and creek does not furnish sufficient power to run the pump. Distillate and lubricating oils must also be supplied for the operation of the plant. Hew construction. — Owing to the small amount of water that it is possible to develop on this reservation its conservation through the prevention of seepage and evaporation losses is absolutely essential. The main trunk lines are nearly completed. The above estimate provides for the extension of these lines and the installation of the pipe lateral distribution system to deliver water to the highest point of each 10-acre tract. Approximately 500 acres are now watered in this manner, and the proposed estimate provides for the irrigation of 820 additional acres. The 10-acre tracts mentioned above are laid off in accordance with the existing United States land lines and will readily lend themselves to any allotment plan, based on the United States land lines, that may be selected by the department. Estimated area for completed project acres.- 1.300 Area which can be supplied from constructed works do 700 Total cost to date $53, 781. 08 Census in 1913 Indians.. 360 40 INDIAN APPBOPBIATION BILL. PALA RBSEKVATION. Current expenses : Salary stationary engineer $90() f BILL. when reports come in it means considerable work in the office to bring them together, because the data have been gathered and returned in different ways. It is not satisfactory to make a report under those conditions, and you are never sure that you have all the tacts you should have. No well-organized corporation, or even an association, is without a method of coordinating its costs, and that was the pur- pose for providing for a cost keeper. „ , , , The CHAiKMAisr. Does this change your system o± bookkeeping to any extent ? , „ , n > j^ i • Mr. Eeed. It would change the system m the field enough to bring it all together into one system. . The Chairman. What will be the effect of that change i Will it. expedite and clarify the matter of keeping the books, thereby making them more easily understood? Mr. Reed. It would ; yes, sir. That is the idea of the change. The Chaiioiax. While you have made a change the total amount is the same as you had last year? Mr. MEKirr. The total amount is the same. The Chairman. That you carried last year? Mr. Meeitt. Yes, sir. The Chairman. Are there any new projects contemplated under this appropriation? Mr. Eeed. Well, there is some appropriation there that is left for the investigation of anything that should arise. The Chairman. What fund have you kept open for that purpose? Mr. Reed. The Indian irrigation fund. The Chairman. That is available for that purpose? Mr. Eeed. Yes, sir. The Chairman. Then this appropriation is to be used on irrigation systems that have already been commenced and are in course of con- struction ? Mr. Reed. Mostly. Of course, in Indian irrigation we have, in our justifications, provided for some that were under investigation work last year, especially in that nomadic Papago country. The Chairman. I see that Document No. 299, Sixty-third Con- gress, second session, contains a. statement of moneys expended for irrigation and drainage in the Indian Service for 1913. I presume this contains a statement of the matters for which this money was expended last year and for Avhich it is desirable to expend it this year. Mr. Reed. I do not know. Mr. Meritt. That is a document which the law requires us to sub- mit to Congress, and it shows the money actually expended. The Chairman. Does it show the unexpended balances? Mr. Meritt. No. sir. Mr. Burke. This document shows all the money expended, includ- ing projects specifically provided for? Mr. Meritt. Yes, sir. Mr. Burke. I would like a little explanation with reference to the proposed change in the language of the item — as to why you make the changes that you have suggested. Mr. Reed. In reference to the superintendent of irrio-ation." who shall be skilled in matters pertaining to water rights? ' & • INDIAN APPBOPKIATION BILL. ' 47 Mr. BuEKE. Well, make any statement that you desire, in a gen- eral way, and then I may interrogate you specifically. Mr. Eeed. It has been found that the Indian Service has been spending large sums of money in developing projects in which later on weakness has developed, and at the present time the Indian Serv- ice is necessarily defending some of these water rights through- out the various portions of the West, and it is believed that could these things have been investigated prior to undertaking any work, or at the same time that the work was undertaken, that a great deal of trouble and perhaps a great deal of the money that we may possibly have lost would be saved. The idea of having a man skilled in these matters to advise us and study the field situation and the legal situa- tion is thought to be an economical move. Mr. Burke. That explanation goes to the change in the provision which, under existing law, provides for seven superintendents. You do not create a new position, but you change one? Mr. Reed. Yes, sir; we simply make him a man skilled in the knowledge of water rights. Mr. BuEKE. With the same compensation that the other engineers receive ? Mr. Eeed. Yes. Mr. BuEKE. All right; proceed. Mr. Reed. The only other change is the field-cost accountant. That is made for the purpose of coordinating a system of cost ac- counting in the field so that the reports, when they come into the office ' Mr. BuEKE (interposing). Will you indicate the lines in the bill? Mr. Meeitt. This begins with line 25, on page 4, and ends with line 1, on page 6. Mr. BuEKE. You are now referring to the language beginning at the comma in line 25, on page 4, and ending with the semicolon in line 1, on page 5? Mr. Meeitt. Yes, sir. Mr. BuEKE. It seems to me that the balance of the item, beginning with the word " Provided," in line 1, suggests a very material change and a very much more important one than that with reference to the creation of a field superintendent and accountant. What have you to say with reference to that? Mr. Meeitt. That can be explained in this way : Under the comp- troller's decision the proceeds from the sale of irrigation property which has been used on these projects are required to go back into the Treasury instead of being used for irrigation purposes again, and we are asking that this language be incorporated in the bill so that we can avoid that process. Mr. Btjeke. Do you not think the comptroller's decision was in accordance with the law? Mr. Meeitt. I think so. It was in accordance with existing law. Mr. Burke. And was not the law enacted for the express purpose of requiring the proceeds received from the sale of such property to be turned into the Treasury and reappropriated ? Mr. Meeitt. The Reclamation Sevice now has a law similar to the one we are asking to be enacted. It causes a hardship on the service in certain cases, where 48 - INDIAN APPEOPBIATION BILL. Mr. BuEitE (interposing). Why does it cause a hardship? I would like to discuss that with you for a moment. You malie your estimates of the amount of money that is necessary and L-ongress appropriates it. Now, if you sell certain equipment or material or receive any money from any source, instead of going to supplement the fund why should it not go into the Treasury, so that Congress can reappropriate it directly? Mr. Meeitt. It should not in all cases, and for this reason: In a large number of these items the appropriations are made reimburs- able out of the funds of the Indians. Under existing law where material is purchased out of reimbursable funds the proceeds go into the Treasury and the Indian is required to reimburse the Gov-, eminent for the original cost of that material. Mr. Burke. Now, wait a moment. Is there any part of this item that is reimbursable? Mr. Meritt. Not this item. Mr. Burke. We are talking about this item, and this proviso refers to this item, and therefore we had better confine our comments to this item rather than to other items in the bill that are reimbursable. Mr. Meeitt. But you will notice, Mr. Burke, that the language in the item we have under consideration, is general in terms, and it would apply to the material sold on all reimbursable projects. Mr. Conner. Very often property is purchased for use on an irri- gation project and it becomes necessary to use that same property on some project for which there is a specific appropriation, and un- der the present regulations we must make out a transfer voucher charging the cost of the present value of this property against the fund or project on which it is to be used, and it is presumably cred- ited to that particular appropriation; but under the comptroller's decision that is considered a sale, and the proceeds from that prop- erty go back to the unappropriated balance, and we show a great amount appropriated each year, running up into the thousands of dollars, represented by the proceeds of sales of this kind of property. Mr. BuEKE. But it would not make any difference if the appro- priation was increased? Mr. Conner. No. Mr. BuEKE. In one instance Congress has a check and knows just how much is being realized, and in the other instance it does not. I am merely making these comments because the comptroller's decision is strictly in accordance with the law as I understood it, and before consenting to change it I want to be convinced that it ought to be changed. Mr. Meeitt. We concede that the comptroller's decision is abso- lutely in compliance with existing law, but we are asking that that law he changed in this item. The office would have no objection to a proviso being inserted in this item requiring the office to submit to Congress each year a report showing the sales and refunds under this proviso, if that would be agreeable to the committee. Mr. BuBKE. But this is legislation that applies to other items be- sides this item. It applies to all ainounts appropriated in this bill- Mr. Meeitt. Yes, sir. Mr. Burke. Now, to get at it. Suppose you have some equipment that you are using in the service somewhere, where the expense is INDIAN APPEOPEIATION BILL. 49 paid from this general appropriation, and you no lonjjer have any use for that equipment at that point, but you could use it at some place where there is a specific appropriation. Mr. Meritt. Yes, sir. Mr. BuEKE. Do I understand that you can not transfer it to this other project, charge for it, and reimburse this fund for the cost of the machinery or equipment, or whatever it may be ? Mr. Meritt. Mr. Conner has charge of the accounts and he can answer that in detail. Mr. Conner. The custom is this: Wherever a piece of equipment or property is transferred in that manner, not only from irrigation work but from any other work in the Indian Service, a transfer voucher, covering the value of the material, is required to be made, which presumably is a credit as to one appropriation and a charge as to another. I understand the credits go back to miscellaneous receipts rather than to the appropriation, the same as though it were the sale of the property, and it frequently becomes necessary on these little projects to sell a m_an something in the way of sub- sistence for himself and forage for his animals, as well as fuel, where it is not furnished, as it is furnished in some cases. AH such amounts have to be collected in cash and turned into the Treasury and, as I understand, go to miscellaneous receipts. We have no authority to deduct on the pay roll any amount due from the man for whatever he may have been furnished, and that makes it necessary to go a roundabout way to collect it. In other words, we must wait until he raises the money or by some other method gets cash to pay for the property furnished to him. That is one of our difficulties in handling labor under this and other irrigation appropriations. The Reclamation Service is working under a similar law, which gives them authority to do just what we are asking for. Mr. BiTRKE. And the Reclamation Service has made a record for extravagance that is almost startling in its proportion, and Congress has been endeavoring to prevent anything more of that kind happen- ing in the future and, therefore, is trying to keep a check on these appropriations, so that it knows something about how the money is being expended. My recollection is that under existing law any- thing you sell in connection with the Indian Service must be covered into the Treasury. Mr. Meritt. That is existing law. Mr. Burke. I believe that is good administration, generally speak- ing, without reference to this matter. . Mr. Reed. May I make a statement just at this point ? Mr. Burke. Yes. Mr. Reed. I can illustrate how, in some instances, this system will make the cost of a project look outlandish. It may be necessary to purchase quite a lot of machinery to do the work economically ; that machinery, when purchased, stands against the cost of that work, even though we sell it. The Chairman. Let me suggest-this : If that were transferred t9 some other system, then they should have credit for the value of the property transferred to the other system. Mr. Reed. Well, that is what we are trying to work out in this way, so that when we transfer anything we do not have to sell it and 24455—14 4 50 INDIAN APPROPRIATION BILL. put something back into the Treasury. Our desire is to have the project get the credit when anything is transferred. Under present conditions it may seem that we have thousands of dollars worth of machinery to do $200 worth of work. Of course, that is an exaggera- tion, but is simply an illustration along that line. The CHAiEaiAN. When you transfer it to another project, would it not be best to show the value of the property transferred to the other project, so that you would get the credit for the value you put upon the property so transferred? Mr. Conner. That is what we do now; but instead of the credit coming back to the books of the Indian Office, so that we can report it and take it up, it goes into the Treasury as miscellaneous receipts, and the Indian Office has no record of it — that is, without going to a great deal of trouble to dig it up. The Chairman. But would it not be possible to make a record of it ? When a project has been completed and the property which has been used on that project is transferred to another project, could not the first project be credited with the amount of the property trans- ferred to the other project and be charged up against the other project? Mr. Conner. It could not be credited, except that a memorandum record might be made, unless the proviso under discussion be enacted into law. The Chairman. Is not that merely a matter of bookkeeping? Would it not be an easy matter to keep your books in that way ? Mr. Conner. It could be done, but it would necessitate a separate system of accounts, and we have no system of doing it now. Mr. Reed. That is one reason why we have put in a justification for a cost accountant — that is, to at least have the field books show all those things, even though the general system of booldieeping would not show them. If we had a cost accountant, the field accounts would be straight and a report could be made at any moment upon exact conditions at any place. Mr. Burke. You also propose to make the maintenance charges available for expenditure? Mr. E.EED. Yes, sir. Mr. Burke. The present law requires them to be placed in the Treasury, and then Congress makes an appropriation to pay for maintenance? Mr. Reed. Yes, sir. Mr. Conner. Where there has been an appropriation for main- tenance we turn all collections on such systems into the Treasury. Mr. Burke. Now, let us take up the justification that you have submitted. Mr. Meritt. Before taking up the general justification, Mr. Burke, I would like to say that we are in serious need of this field cost accountant at this particular time. It is practically impossible for the office to give detailed information regarding the expenditure of funds on certain projects. Mr. Burke. This proposes to create an additional position? Mr. Meritt. An additional position, and it is seriously needed. Mr. Burke. And what salary do you expect to have to pav a man of this kind ? ' IKDIAX APPKOPBIATION BILL. 51 Mr. Meritt. We expect to be- able to get a good man for probably $2,000 or $2,500. ^ "^ Mr. BxTEKE. You do not estimate any additional expense by reason of having this appropriation, because the appropriation is the same as last yeaf ? Mr. Meritt. Yes, sir. Mr. Conner. As a matter of fact, it will probably be an economy. Mr. BuEKE. Just tell us briefly what his duties will be. Mr. Meritp. His duties will be to visit the projects in the field and audit the books on each project and furnish the office detailed information regarding each project. Mr. Burke. What is the present system of having the accounts audited or examined by some one from the office? Mr. Meritt. The present practice is that each man works out his own system, and the result is we lack uniformity. This field cost accountant would visit the various projects, and he would put in a uniform system of bookkeeping, so that the office could have detailed information regarding each project at any time. Mr. Burke. Are the employees of this irrigation force paid from this appropriation or are part of their expenses paid from the item for general expenses of the Indian Office ? Mr. Meritt'. No, sir; most of them are paid from this appropria- tion. Mr. Burke. Are any of them paid from any other source, if you know? Mr. Meritt. Only for general and specific projects. Mr. Burke. That is what I mean. You do not send a man in con- nection with the reclamation or irrigation service in the Indian Office who renders services which are paid for out of the general ap- propriation for expenses of the Indian Office ? Mr. Meritt. No, sir. Mr. Burke. The first item in your justification is the " Papago Res- ervation, district No. 4, $8,000." Do I understand that this is the analysis of how you would expend this appropriation ? Mr. Meritt. Yes, sir. Mr. Burke. Or is this an analysis of the appropriation for the cur- rent fiscal year ? Mr. Meritt. This is an analysis of how it is proposed to expend the appropriation for the next fiscal year. Mr. Burke. For which you are now asking an appropriation? Mr. Meritt. Yes, sir. Mr. BuEKE. Now, tell us what the conditions are at this point and the necessity for this appropriation, and whether there is already an irrigation project there, and how much has been expended on it, and how many Indians are going to be benefited ? Mr. Meritt. Mr. Burke, we have with us Mr. Schanck, of our irri- gation service, who is especially familiar with the projects in Arizona and New Mexico, and I will ask him to give you this information. Mr. Schanck. Mr. Burke, that is to supplement the small pumping plant which was put in last year on this reservation, and is very urgently needed; in fact, I might say absolutely necessary, unless the larger appropriation asked for specifically for that reservation is granted; and this would be advisable even if that were granted, because the water rights will rapidly be acquired by the whites, and I anticipate that at 52 INDIAN APPEOPEIATION BILL. the rate they are putting water on the land that within a year they will have appropriated all the water that is apparently available, so that they will be in the position of taking water formerly used m con- nection with Indians' lands that were irrigated and which are the only means of their support. The Indians are very industrious farm- ers so far as their ability will permit. Mr. BuEKE. When was this project first undertaken — ^when was the first money expended, if you know ? Mr. ScHANCK. The first money which we had was for small items of repairs and ditches, probably a few hundred dollars, last year. I think it was in the 1912 bill, which appropriated $5,000, and with that money a well was dug and a pumping plant put in and probabjf seven or eight hundred acres were supplied with water at those times when the Indians could not get water by gravity, which is most of the time. Of course, it was not sufficient for the whole 800 acres Mr. Burke (interposing). Is this a proposition that the Indians ^re interested in as a copimunity or do they have allotments? What is the situation? Mr. ScHANCK. They have large allotments, not intended to be irri- gated, and it is the expectation of the Indian Office when the plant is finally completed that those allotments will be modified by the Indians voluntarily, because they appreciate irrigation as much as any people and the allotments will probably be reduced to five acres each. Mr. BuHKE. What has alreadj^ been accomplished. Is there actual irrigation there at the present time? Mr. ScHANCK. Yes, sir; there is irrigation there at the present time to the extent of the water supply. Mr. BuEKE. Do you know how many Indians, approximately, there are at that particular point ? Mr. ScHANCK. There are 800 attached to that reservation, and all but very few of them attempt to make their living by cultivating land. Some of them have cattle, but most of them irrigate. There are probably four or five hundred in the families of those who do irrigate; but, as I say, the water supply is too limited for all of them to farm. Mr. Burke. Is the irrigation from the wells satisfactory? Is it working satisfactorily ? Mr. ScHANCK. It is. within the limits of our appropriation. Of course, $5,000 could not put in a very complete system, and we did not even spend all of that. Mr. BuEKE. Now, in the fiscal year ending June 30, 1913, there was expended at this reservation — I do not know whether it was on this project or not — $5,452.25. How much is being expended there oris in contemplation of being expended during the present fiscal year out of the appropriation available for the current fiscal year? Mr. ScHANCK. Very little besides the operation and maintenance of this pumping plant, payment of the salary of the engineer, $75 a month to operate this engine and furnish fuel and supplies. Mr. Bt'rke. How much money would probably be necessary to carry out the plan that you have in relation to this project? Mr. SoHANCK. The whole project? Mr. BuEKE. Yes. Mr. ScHANCK. $150,000. INDIAN AVPKOPKIATION BILL. 53 Mr. BuEKE. My recollection, Mr. Meritt, is that under the law you are limited in the commencement of any project costing more than $35,000 except with the authority of Congress, and here is money being expended and money being estimated for at this project that apparently is to cost $150,000 ? Mr. Meeitt. That is another project, Mr. Burke. We have sub- mitted a report, as required by law, on this project, which is estimated to cost $160,000, and we are estimating for that as a special item else- where m the bill. This report is found in House Document No. 1299. Mr. BuEKE. Admitting that, here it is proposed to expend $8,000 which would not be avBilable if the special appropriation was to be made ? Mr. Reed. And it would not be requested if the special appropria- tion is to be made. This is in the event the special appropriation is not made. Mr. BuEKE. Then you wish now to say that if we should allow the specific appropriation for this item that the general appropriation could be l-educed to the extent of the amount you have estimated to be expended at this point? Mr. SciiANCK. Some of that should be appropriated to maintain the plant we already have. We can not get the big Systtem in oper- ation within one year, and the saving to the Indians each year in their crop would amount to more than this by having some tem- porary means of supply them with water. They are all farmers and they have been irrigating for a number of years. Mr. Btjeke. Do I understand that out of an expenditure of about $5,000 you have got such a plant now as to require $8,000 to main- tain it for one year ? Mr. ScHANCK. We expected to put in another temporary plant and maintain the two. Mr. Btteke. But 1 understood you a moment ago to say that it was eOiitemplated to spend $150,000, and now I understand that these expenditures are being used for mere temporary structures; is that the idea? Mr. ScHAKTCK. In one way it is temporary. It is to keep their crops and fields in cultivation pending the time when the larger project will be completed, and it is amply justified by the crops, be- cause they probably raise a good deal more crops than that. Mr. BuEKE. And take the next item of $22,000. That is a part of the same thing, is it hot? Mr. ScHANCK. No, sir. Mr. Btjeke. What is that? Mr. ScHANCK. The nomadic Papagoes occupy the whole of the' .eouthem part of Arizona, 150 miles east and west and 75 miles north, and south. This is a small village about 130 miles west of the reser- vation we have been speaking of and they have practically no means of support; in fact, they are beggars. They are close to this Mari- copa Railway station and they come there and beg for something or sell some watermelons they raise occasionally by water diverted from a small wash. There appears to be an ample underground water supply. These people are Papagoes and all the Papagoes are naturally industrious, and if a system were put in there giving them 2 or 3 acres each of irrigated land they could become self-supporting. 54 IXDIAN APPEOPEIAp:ON BILL. Mr. BuKKE. Is there any irrigation at that place at the present time? ■ 1 .u Mr. SoHANCK. Nothing except their own system which they have installed and which takes water from a wash which flows very occa- sionally. Sometimes for a year it does not flow enough to do any good. Mr. BuHKE. "Would the appropriation requested here of $22,200 sufficiently complete the plant to accomplish what you have indi- cated ? Mr. ScHAKCK. Yes, sir. Mr. Burke. And that would probably be the end of it except pos- sibly some expense for maintenance ? • Mr. SoHANCK. Yes, sir ; there would be some expense the first year or two, but I think they would quickly become self-supporting. Mr. BtTEKE. What about the next item, the " Navajo Eeservation extension district No. 5, test wells to determine underground water supply ? " What is contemplated there ? Mr. ScHANCK. That is in northeastern Arizona, north of the Santa Fe Railroad, along the Little Colorado River. Some years ago the Leupp school put in an irrigation plant there and the underground water supply seemed to be very plentiful, and there was no other available source of supply. The Little Colorado River itself, while it has been investigated as a means for furnishing gravity water, does not seem to have any feasible reservoir site or any dam site, so that the only plan I have been able to devise is one of placing wells along the river, and if we find that there is a large body of underground water, as everything seems to indicate, a power plant would be installed at some place on the railroad and electric current transmitted to these various groups of wells, which would each irri- gate from a few hundred to 1,000 acres. Mr. BuEKE. Is not the Colorado River the place where we have irrigation from wells which so far has not met with success ; at least, the Indians are refusing to use the water ? Mr. ScHANCK. No; this is the Little Colorado River. It is a branch of the main Colorado River which comes in at the Grand Canyon way up in northeastern Arizona. Mr. BuEKE. This money, if appropriated, would be used largely for experimental purposes, I assume? Mr. ScHANCK. Yes, sir; it would. Mr. BuEKE. And there would be no direct results in the way of irrigating it Mr. ScHANCK (interposing). Yes; because these Navajos have flocks and herds, and if any good wells are obtained, or even wells of very inferior quantity of water, a windmill or something of that kind could be put up, which would give them stock water. Mr. BxjEKE. You do not get an artesian flow there? Mr. ScHANCK. In some places it came within 9 feet of the surface. It might be possible to get an artesian flow there. Mr. BuEKE. How much money do you suppose would be expended, if this amount was appropriated and it was found that there was an abundance of underground water supply, to carry out the irrigation that you think would be desirable and necessary to enable the In- dians to support themselves? INDIAN APPEOPEIATION BILL. 55 Mr. SoHANCK. I should think the expense would be about $40 per acre. Of course as to the area, we can not tell without this pros- pecting. I know there are several tracts of from 200 to 1,000 acres which are in such basins that it would look as if underground water is obtainable. Mr. BmteKE. Would this expenditure be sufficient to make these tests and submit a detailed report showing the estimated cost of what could be accomplished there? Mr. ScHANCK. Yes, sir ; that is the idea of the appropriation. Mr. BuEKE. What have vou got to sav about the next item, the " Gila River Reservation, district -No. 4, ^10,000 "? Mr. ScHANCK. It is necessary to use every means at our command to preserve the water rights of the Gila River Indian Reservation. Those Indians will need all the land we will, probably ever be able to get water on. They are rapidly becoming self-supporting. This year they have more land under cultivation than probably in the last 20 years, anyway ; and in order to be able to defend the Indian water rights against any encroachment we have to know not only what they have done formerly and what the whites are doing and have done formerly, but also as rapidly as possible to bring the water onto the land, so that appropriation and use, which is the very best water right, will be an actual fact with the Indians. Mr. Burke. What are the physical conditions there at the present time? Mr. ScHANCK. On the north side of the river there is the Sacaton irrigation system. That is tl^e one where the appropriation has been made and the construction work initiated by the Reclamation Service. This is intended not to supplement that but to enlarge works which we have put on the south side of the river or at other points lower down the river. The reservation extends along the river for about 40 miles and there are many entirely independent irrigation systems ; that is, they take the water out of the river or out of some seepage, and the more of this water we can bring on the land the better the water right. Surveys are necessary to determine what are the most available sites for diversion. Mr. Burke. And just what would you do to protect the water rights ? What is the necessity for that ? Mr. ScHANCK. The best water right and the only one recognized iji most States in the southwest is by appropriation and use, and we want to determine what the amount is, the very maximum amount, that the Indians have ever appropriated, and we also want to deter- mine — and it will require surveys to do this — the amount that the whites have appropriated and when they appropriated it, and to construct small canals to enable the Indians to take out the flood water, so they will be actual appropriators and users of the water. Mr. Burke. Are the only rights the Indians have to the water there by right of use or have they any treaty rights ? Mr. ScHANCK. They have no treaty rights. Mr. Burke. Their rights depend entirely upon their right of 11S6 ^ Mr. ScHANOK. Of course, the legal aspect of it I would notbe competent to pass on, but that is what most of us in the office think about it. 56 INDIAN APPEOPEIATION BILL. ^Ir. BuEKE. What do you know about that, Mr. Meritt? I have in mind where it is asserted, and I think with foundation, that the Indians had a treaty right. It is quite important to know whether these Indians have any treaty rights or whether their rights depend entirely on appropriation. Mr. Meeitt. I would not say their rights depended entirely upon appropriation and beneficial use. Two years ago I prepared with great care a letter going into the legal phases of the water- right situation on the Pima Eeservation and if it is agreeable I will insert the letter in the record at this point. The letter was addressed to the Secretary of the Interior and was signed by Commissioner Valentine. This letter reads as follows: December 1, 1911. The Secretary or the Interior. Sir : I have the hoDor to invite your attention to the papers herewith regard- ing the rights of-the Pima Indians to the waters of the Gila River and the sub- sequent appropriation of the waters of said river by white settlers who have located on or near the Gila River, above the Pima or Gila River Reservation. The Pima Indians have lived in the valley of the Gila River long before that part of the country was settled by white people, and these Indians then had ample water from the Gila River to irrigate their lands. Prior to the time they were deprived of their water rights the Pima Indians were hard-working, self- supporting, progressive farmers, possessing good homes, well cultivated farms, with plenty of horses and cattle, and never requested rations from the Govern- ment. These Indians, however, were gradually reduced to poverty by haWng their water rights appropriated by white settlers ; they were compelled to aban- don their farms, and starvation drove them to seek the aid of the Government. During the wars with Geronimo and his ftjUowers, and at all other times, the Pima Indians remained loyal to the Government and protected the lives and property of the whites. , It is claimed that the Pima Indians formerly cultivated more than 25,000 acres of irrigated land before they were deprived of their water rights, whereas at this time, even with the water furnished by the wells constructed for them, they have in cultivation only about 12,000 acres. It appears that there are more than 1,000 appropriators of the waters of the Gila River above the Pima Reservation, and it is estimated that these subse- quent appropriators Irrigate from 25,000 to 30,000 acres of land. As far back as March 2, 1886, the question of protecting the water rights of the Pima Indians was taken up by the Interior Department with the Depart- ment of Justice. During the intervening years many efforts have been made toward recovering for the Pima Indians their prior water rights, but it appears that there has never been a final adjudication of these rights by a court of com- petent jurisdiction. A detailed history of the actions taken by various represent- atives of the Government regarding this matter is set out in the report of the Commissioner of Indian Affairs for the fiscal year 1904, pages 7 to 21, a copy of which is inclosed. After a decision made several years ago that the Government would not con- struct the San Carlos Dam, Congress included in the Indian appropriation act of March 3, 1905 (33 Stat. L., 1081), the following item: " For the construction ojf an irrigation system necessary for developing and furnishing a water supply for the irrigation of the lands of the Pima Indians in the vicinity of Sacaton, on the Gila River Indian Reservation, the sum of $50,000 to be expended under the direction of the Secretary of the Interior: Provided, That the total cost of the entire construction and installation of said irrigating system shall not exceed $540,000: Provided further. That when said irrigation system is in successful operation and the Indians have become self- supporting the cost of operating the said system shall be equitably apportioned upon the lands irrigated and to the annual charge shall be added an amount sufficient to pay back into the Treasury the cost of the work within thirty years, suitable deduction being made for the amounts received from disposal of lands which now form a part of the said reservation." I^'DIAN APPBOPEIATION BILL. 57 Subsequent appropriations for an Irrigation system on the Gila River Reser- vation have been made by Congress, as follows : Act of June 21, 1905 (34 Stat L., 333) $250 000 Apr. 4. 1910 (36 Stat. L., 272) 75' 000 Act of Mar. 3, 1911 (36 Stat. L., 1062) 125^000 The estimates for the Indian appropriation bill for the fiscal year ending June 30, 1913, contain the following item : " For continuing the work of constructing an irrigation system for the irriga- tion of the lands of the Pima Indians in the Gila Indian Reservation, $40,000 : Providea, That the amount hereby appropriated shall be repaid into the Treas- ury of the United States in accordance with the provisions of section ten of the act of March third, nineteen hundred and five (33 Stat L., 1081)." The following shows the amounts expended to June 30, 1910 and 1911, and the balance available for Pima irrigation on July 1, 1911 : Expenditures to June 30, 1910 $255, 559. 78 Expenditures to June 30, 1911 363,481.30 Balance available for expenditure on July 1, 1911 136,' 518. 70 Former Chief Engineer Code on January 23, 1907, reported after the submis- sion of the joint report of Special Agent Granville and himself, dated April 25, 1906, that he had learned of new developments in the Salt River Valley recla- mation project which would insure a large amount of surplus power. A plan was accordingly arranged whereby this department was to sign an agreement with the Water Users' Association of the Salt River Valley for power for pump- ing water on 10,000 acres of land on the JPima Reservation, the power to be delivered at the north boundary of the reservation. The extension of the line to the various pumping plants on the reservation and the construction work were to be done by the engineers of the Reclamation Service and paid for from the funds available for the irrigation of Pima lands. The Indians were to be required to pay the same construction and maintenance charges for power deliver'ed to the reservation line as were assessed generally against the lands of the Salt River project. In pursuance thereof, an item was inserted in the appropriation act for the fiscal year 1908 (34 Stat. L., 1022), which provides: " That the Secretary of the Interior may in his discretion use such part of the $300,000, heretofore appropriated for an irrigation system for the Pima In- dians, in the payment of such Indians' proportionate part of the construction of the Salt River project, and such funds may he transferred to the reclama- tion fund to be expended by that service In accordance with its rules and regulations, the Indians to receive a credit upon the reclamation charge assessed against their lands under the Salt River project for the amount so transferred." An agreement signed by the President and the secretary of the Salt River Valley Water Users' Association, to include the lands of the Pima Indians within the area to be irrigated under the Salt River project, was executed by the Secretary of the Interior on June 3, 1907. A copy of the said agreement printed in hearings No. 5 before the Committee on Expenditures in the In- terior Department, pages 129 to 131, is inclosed herewith for your information. The irrigation work on the Pima Reservation has been done by the Recla- mation Service under an agreement with that bureau, a copy of which is inclosed. Ten wells have been constructed by the Reclamation Service on the Pima Reservation in the Santan district. These wells are practically completed and are operated by electric power transmitted by means of transmission lines from the Roosevelt Dam. These wells, it is estimated, will irrigate approxi- mately 8,000 acres. The following is a summary of charges made by the Reclamation Service for work performed and materials furnished for irrigation purposes on the Gila River Indian Reservation to August 31, 1911 : Sacaton Canal : Location aud survey *^' '°^- ^^ Clearing and grubbing ^< ^- ^ Excavation class 1 q 1 07 qi Excavation class 2 on oa^' rS Excavation class 4 /u, J40. oo 58 INDIAN APPEOPKIATION BILL. Well Line Branch excavation $5,345.03 Dike lines excavation 1,728.74 Waste ditch excavation 951.74 Santan crosscut 928. 52 Structures 43, 900. 20 Truss bridges 1, 896. 93 Culverts 668.16 Farm bridges 1, 196. 88 Canal Road 179. 47 Transmission line : 40,000 volts 7, 530. 10 10,000 volts 18, 365. 61 Sacaton Agency 779. 80 Telephone line 1, 007. 03 Substation 21, 877. 12 Miscellaneous structures and expense substation 681.42 Cottage at substation 7,396.73 Drilling wells 23, 310. 30 Installing machinery 70, 704.52 Sinking well caissoji and installing machinery well 8,688.47 Indemnity claim 1^ 770' qq Total 286, 126. 40 It will be seen that this statement does not include the $100,000 advanced to the Reclamation Service for construction for power purposes. Now that the 10 wells have been practically completed and about all the money heretofore appropriated by Congress for an irrigation system on the Pima Reservation expended, the Pima Indians contend that they have no con- fidence in the wells put down by the Government ; that the machinery is com- plicated and expensive; that the well water is bad, and will likey ruin their lands with alkali, and have earnestly requested that their right to the natural low-water mark flow of the Gila River, or such partjof it as they were accus- tomed to use before it was taken from them by the whites, be recognized by the Government ; and that suit be brought to have such water restored to them. It is contended by some that it is now necessary, in order to produce the best results in conserving the land and growing abundant crops, to supplement the well water with the silt-lnden water of the Gila River. A flood-water canal has already been constructed to supplement the well water. Should the San Carlos Reservoir be built, every precaution should be taken to see that ample provision for water from it is made for the Pima Indians, Whether or not this be built, it is necessary to determine and protect the water rights of the Pima Indians in the low-water flow of the river. The unfortunate condition of the Pima Indians has for more than a quarter of a century attracted the attention and aroused the sympathy of the public. As an example of this interest, your attention is invited to the fact that at the annual meeting, held at Tucson, Ariz., last October, the synod of New Mexico adopted the following resolution : " Whereas the Pima Indians are unique among the Indian tribes of America, in that they have never made war upon the white man ; and " Whereas during the past years, by a series of gradual encroachments by white settlers, the waters of the Gila River, the historic source of prosperity of the larger portion of the Pima people, have been in a large measure taken away from them, thus reducing them to the verge of beggary; and " Whereas the chiefs of the tribe are now petitioning the Government at Wash- ington for relief through the erection of the San Carlos Dam and other- wise: Therefore be it "Resolved, That the synod of New Mexico, of the Presbyterian Church in America, does hereby indorse the said petition of the Pima Indians, and (Joes hereby urge upon the Government that some effective action be taken at once to properly and permanently secure to them their right to the waters of the Gila ; and be it "Resolved further, That fl copy of this resolution be sent by the stated clerk to the following: The President of the United States, the Secretary of the In- terior, and the Commissioner of Indian Affairs." IXDIAX APPEOPKIATION BILL. 59 ^The following statement shows the different bands of Indians and their re- spective numbers occupying the Pima Reservation : Apache Maricopa ^^ °2 Papago f^^ Pima g^^^g Total -J^ The territory Included within the Pima Reservation was acquired by the treaty of Guadalupe-Hidalgo of 184S and the Gadsen purchase of 1853 from Mexico. The' first > legislation concerning the Pima Indians appears to be the act of February 2S, 1859 (11 Stat. L.. 388, 401), which' was included in the Indian appropriation .ict for the year ended June 30, 1860. Sections 3 and 4 of this act provide: "And le it further enacted, That the President of the United States be, and he hereby is, authorized and required to cause to be surveyed and the boun- daries thereof permanently marljed the tract or tracts of land lying on or near the Gila River, in the Territory of Arizona, New Mexico, now occupied by the confederated bands of Pima and Maricopa Indians, and the sum of $1,000 is hereby appropriated to defray the expense of the said survey. "And l)e it furtlisr enacted, That the President of the United States be, and he hereby is, authorized and required to set apart the tract or tracts of land aforesaid as a reservation for the confederated bands of Pimas and Maricopas : Provided, That the said reservations shall not exceed one hundred square miles In extent." Five Executive orders relating to the Gila River Reservation, dated August 31, 1876; January 10, 1879; June 14, 1879; May 5, 1882; and November 15, 1883, are found in Laws and Treaties, Indian Affairs, Kappler, volume 1, page 806. Other Executive orders have been issued by the President regarding the Pima Reservation on the following dates: March 22, 1911; May 8, 1911; July 31, 1911 ; September 28, 1911 ; and October 23, 1911. Copies of these Executive orders are inclosed herewith. In view of the fact that a number of Executive orders have been promul- gated, changing and enlarging the boundaries of the Gila River Reservation, and as the Constitution of the United States vests power over the public domain In Congress, the question may arise as to the authority of the President to Issue Executive orders changing and enlarging the boundaries of Indian reser- vations. In this connection your attention is invited to the decision of the Attorney General (17 Op. Atty. Gen., 258), wherein he held: " It has been shown above that the President has the power generally to reserve lands from the public domain for public uses. ******* "A reservation from the public lands, therefore, for Indian occupation may well be regarded as a measure in the public interest and as for a public use. Congress has in numerous acts of legislation recognized it as such. These statutes need not be particularly referred to ; they are scattered through the statute books; Indeed the annual Indian bill is full of such recognitions." The Supreme Court, in Grisar v. McDowell (6 Wallace, 363, 381), has held that— " Prom an early period, however, it has been the practice of the President to order from time to time, as the exigencies of the public service required, parcels of land belonging to the United States to be reserved from sale and set apart for public uses." The Congress, In section 1 of the act of February 8, 1887 (24 Stat. L., 382), as amended by the act of June 25, 1910 (86 Stat. L., 855), has recognized Indian reservations created by Executive orders. The law referred to not only provides for reservations set aside by Executive order, but for those which may hereafter be established by Executive order. Referring to the wording of section 1 of the act of February 8, 1887, supra, In connection with Executive order reservations; the Supreme Court, in re Wilson (140 U. S., 577), used the following language: " The necessary effect of this legislative recognition was to confirm the Execu- tive order and establish beyond challenge the Indian title to this reservation." In view of the law and the decisions referred to, it is believed that the legality of the establishment of the Pima Reservation is beyond question. 60 INDIAN APPEOPEIATION BILL. The Supreme Court has held in the case o* Beecher i;. Wetherby (95 U. S., 517), which was reaffirmed in the Lone Wolf case (187 U. S., 553), that the legal title to all tribal Indian lands is in the United States, and this would apply whether the reservation were treaty or Executive order. No allotments have been approved to the Indians on the Pima Reservation; therefore, under the provisions of the act of May 8, 1906 (34 Stat. L., 18 J), they are rot citizens. While the granting of citizenship does not interfere with the guardianship of the United States over the trust property of Indians, yet the fact that the Indians on the Gila River Reservation are noncitizens and are wards of the Government make it all the more necessary for the United States to appear ns party plaintiff to protect their property rights. In this connection attention is invited to the apt language used by the Su- preme Court in the case of United States v. Kagama (118 U. S., 375, 383) : "These Indian tribes are the wards of the Nation. They are communities dependent on the United States. Dependent largely for their dally food. De- pendent for their political rights. They owe no allegiance to the States and receive from them no protection. Because of the local ill feeling, the people of the States where they are found are often their deadliest enemies."' There can be no question that the Federal courts would have jurisdiction in the water-right controversy of the Pima Indians against the white approprla- tors, not only because of the fact that these Indians are wards of the Govern- ment, but because the legal title to the land occupied by them is in the United States. Article III, section 2, of the Constitution provides : " The judicial power of the United States shall extend to all cases In law and equity * * * to all controversies to which the States shall be a party." It was held in United States v. Sayward (160 U. S., 493) that the Federal courts have jurisdiction of all controversifes in which the United States is a party, regardless of the amount involved. The Federal Government not only has a right to represent the Pima Indians, and the jurisdiction of the Federal courts in this matter can not be seriously questioned, but it is the duty of this department to protect the rights of these Indians. In this connection, Mr. Justice Miller in United States v. Kagama (118 U. S., 384) said : " From their very weakness and helplessness, so largely due to the course of dealing of the Federal Government with them and the treaties in which it has been promised, there arises the duty cif protection, and with it the power. This has always been recognized by the Executive and by Congress, and by this court, whenever the question has arisen." Judge Shiras, In overruling the demurrer to the bill filed In the case of United States v. Flournoy Live Stock & Real Estate Co. (69 Fed. Rep., 890), said: " The theory of the bill is that the United States is a trustee for the Indians and holds the title of the lands in trust for them, and, by force of the treaties with them, is charged with the performance of certain duties toward them, and that there exists a trust relation of a high and delicate character." The Supreme Court has not only recognized the dependence of the Indians on the Government in a number of decisions, but their right to favorable considera- tion by all departments of the Government. In Minnesota v. Hitchcock (185 U. S., 402) that court held: "In construing provisions designed for their education and civilization as fully if not more than in construing provisions for their material wants, it is a duty to secure to the Indians all that by any fair construction of treaty or statute can be held to have been understood by them or intended by Congress." The following language is found in the syllabus in the Cherokee Intermar- i-inge cases (203' U. S., 76) : " It is a settled rule of construction that as between the whites and the In- dians the laws are tn be construed most favorably to the latter." The fact that some of the white appropriators have been using the waters of the Gila River to the detriment of the Pima Indians for a period ranging from 1 to 25 years should not prevent or estop the United States from instituting action to recover the waters belonging to the Pima Indians. Tlie Supreme Court has held, in Baltimore & Ohio Railroad v. Baugh (149 U. S., 399), that " acquiescence in or silence under unauthorized power can never give legality to its exercise under our form of government." These appropriators can not acquire a prescriptive right to the waters in question by long-continued enjoyment thereof, for the reason that the legal title INDIAN APPEOPRIATION BILL. 61 to the lands within the Gila River Reservation is in the United Stutes, thiit the waters of this river were formerly used to irrigate a large acreage on this reservation by the Pima Indians, and that a prescriptive right can not be ac- quired as against the United States. (Wllkins v. McOue, 46 Oal., 656.) Neither can adverse possession operate to give title against the Government or its grantee (Oakesmith v. Johnston, 92 U. S., 343) ; nor can laches be imputeu against the United States, however much delay there may be in asserting a right. In this connection your attention is invited to the following extracts from decisions of the Supreme Court: " The general principle is that laches is not imputable to the Government ; and this maximum is founded, not in the notion of extraordinary prerogative, but upon a great public policy. The Government can transact its business only through its agents ; and its fiscal operations are so various, and its agencies so numerous and scattered, that the utmost vigilance would not save the public from the most serious losses if the doctrine of laches can be applied to its transactions. It would, in effect, work a repeal of all its securities (U. S. v. kirkpatrick, 22 U. S., 735). " The principle that the United States are not bound by any statute of limita- tions, nor barred by any laches of their officers, however gross, in a suit brought by them as a sovereign Government to enforce a public right, or to assert a public interest, is established past all controversy or doubt. (United States v. NashviUe, etc.. Railway Co., 118 U. S., 120, 125, and cases there cited.)" It can not be successfully denied that title to public land and water thereon remains in the United States until disposed of by act of Congress. This dis- posal must be by act of Congress expressed or necessarily implied. The numerous acts of Congress cited in Wlel on Water Rights, pages 1338 to 1364, show that Congress has not been silent regarding the water of the Govern- ment on lands the title to which is in the United States, and it is believed that a fair construction of these various statutes carries the conclusion that the unap- propriated waters of the public lands of the United States are the property of the National Government. The courts have held that in order to permit the construction of statutes so as to grant rights of the Government the intent and wording of the statutes must be clear. (Coosaw Mining Co. v. South Carolina, 144 U. S., 550.) In a conflict between a State assertion and a constitutional Federal right the Government must prevail. (15 Wall., 623; 9 Wheat., 866; 22 How., 243; 92 U. S., 272; 95 U. S., 472; 12 Wheat., 307.) The United States is not bound by a provision of a general statute which affects its prerogative rights or inter- est unless expressly named or included by necessary implication. (19 Wall., 227; 20 Wall., 251; 118 U. S., 120; 130 U. S., 263; 172 U. S., 321.) The Supreme Court, in Burley v. United States (179 Fed. Rep.. 12-13), says: " The authority of the United States to reserve the waters of its streams in the arid region for a beneficial purpose has been recently extended to the settle- ment of a long-standing controversy between the United States and Jlexico respecting the use of the waters of the Rio Grande. * * * " This legislation illustrates the scope of the reclamation act and its purpose in preserving the waters and reclaiming the arid lands of the Western States, where, as said in Kansas v. Colorado, supra (206 U. S., 456) : " ' The National Government is the most considerable owner, and has power to dispose of and make all needful rules and regulations respecting its property.' " A case involving the rights of Indians to water that had been subsequently appropriated is decided in Conrad Investment Co. v. United States (161 Fed. Rep., 829, 835), where the court held: "It Is further objected that the decree of the circuit court provides that, whenever the needs and requirements of the complainant for the use of the waters of Birch Creek for irrigating and other useful purposes upon the reser- vation exceed the amount of water reserved by the decree for that purpose, the complainant may apply to the court for a modification of the decree. This is entirely in accord with complainant's rights as adjudged by the decree. Having determined that the Indians on the reservation have a paramount right to the waters of Birch Creek, it'follows that the permission given to the defendant to have the excess over the amount of water specified in the decree should be subject to modification, should the conditions on the reservation at any time require such modification." The constitution of Arizona (not yet ratified), article 17, provides: " Section 1. The common-law doctrine of riparian water rights shall not ob- ■ tain or be of any force or effect in this State. 62 INDIAN APPEOPEIATION BILL. " Sec. 2. All existing rights to the use of any of the waters In the State for all useful or beneficial purposes are hereby recognized and conflririea. In view of the decisions hereinbefore referred to, it is not believed that the sections of the constitution of Arizona quoted, if finally ratified, will prevent the United States from asserting and recovering the water rights ot the i-iina The facts disclosed in the case of Winters v. United States (207 U. S., 564) appear to be clearly analogous to the claims of the Pima Indians. It was contended in the Winters suit that — " In establishing a civilized community in said country, and in building and maintaining churches, schools, villages, and other elements and accompaniments of civilization; that said communities consist of thousands of people, and, if the claim of the United States and the Indians be maintained, the lands of the defendants and the other settlers will be rendered valueless, the said com- munities will be broken up, and the purpose and object of the Government in opening said lands for settlement will be wholly defeated." It was further alleged in behalf of Winters in the suit in question that — " The waters of the river are iuower sites on lands when you absolutelv know there is mi water within 100 miles of them ? ^ ;Mr. Meeitt. Yes. sir. That order was issued by First .Assistant Secretary Adams two or three years ago, and it has caused the Indian Office an untold amount of unnecessary work and great delay in issuing patents on the sale of Indian lands. The Chairman. Is it not a fact that this Okanogan River has the Colville Reservation on one side and the Reclamation Service's project that has never been completed on the other side? There has been a large dam put in for irrigation purposes on the Reclamation Service's sides ? Mr. Conner. Yes, sir. The Chairman. Now, would it not be cheaper to get water from that reclamation project on the Indian side of the river than to pump water out of the river below the dam ? Mr. Reed. I have not been there, but apparently not. You get water from the Reclamation Service, and it is pumped because it is on the other side of the river. Mr. Connee. The reclamation project is not diverting water from the Okanogan River ; thev have a storage dam on the Salmon River, and it is away up in the mountains. They bring that water down and divert it on those Robinson Flats. The idea was that we should .pay them a certain amount of money per acre for any Indian lands 80 INDIAN APPEOPRIATION BILL. irrigated, with the privilege of establishing a power plant on Salmoh River between their storage reservoir and their diversion dam, but the price was pretty high. The Chairman. Then the price for the electricity to lift the water from the Okanogan River to Indian lands would be prohibitive ? Mr. Reed. Yes. They were going to add so much to the cost of it that we thought it prohibitive. Mr. Conner. Something over $90 per acre was the estimated cost. It was not thought best to take advantage of it for two reasons, first, because the cost was high, and, second, that they did not have money enough to carry it on. Mr. Carter. The next item is for $3,600 — supervisors of con- structed ditches on three reservations at $1,200 each — the Pima Res- ervation, the Salt River Reservation, and the Walker River Reser- vation. Please make such statement as you desire in justification of that. Mr. ScHANCK. As. to the Salt River and Walker River Reserva- tions, I can speak from personal knowledge. There are, as I said befoie, a great many irrigation projects that the Indians have started themselves, but they need some one to supervise the distribution of water. The Indians themselves prefer a white man to do it, and it will be much more economical to do it in that way. No one Indian would be agreeable to all of them, and, besides, would not be com- petent. It requires a very competent- man to do that, because the water is scarce and the distribution is a matter requiring great judgment. Mr. Carter. I notice in your next item you ask for $18,780 for emergencies and unforeseen contingencies, flood damage, etc. For what purpose is that money used? Mr. Reed. For any emergency that may arise. A dam may be partially destroyed or a ditch may be wiped out, and this money is for the purpose of taking care of any emergency that might arise on any of the projects. Mr. Carter. Any miscellaneous expense that might come up ? Mr. Reed. Yes, sir. Mr. Carter. I notice that in Arizona you ask for $9,000 for mis- cellaneous surveys to protect water rights and determine irrigation possibilities on Indian reservations. Mr. ScHANCK. That is for miscellaneous surveys and investiga- tions; it is not for construction purposes at all. We have many places, mostly in the nomadic Papago country, where surveys and investigations will have to be made. Mr. Carter. Can the appropriation for the Papagoes be used for that purpose? Mr. ScHANCK. No ; that is for the^ construction of wells and pump- ing plants. Mr. Carter. I notice you have a similar miscellarieous item for California of $10,000. Mr. SoHANCK. That is for surveys. Mr. Carter. And one for Nevada of $14,600. Mr. ScHANCK. That is general for the whole of the United States; that is for any survey that I am detailed to make. _ Mr. Carter. Those sums, $14,600, $9,000, and $10,000, in connec,- tion with $18,780, make $52,380, and then I notice several $5,000 iiMJlAJN Ai'i'aUlr'KlATlUJN Jiil^L. OX items. Are they not used for about the same purpose? I refer to items on the last page here, under the head of " Oregon and Wash- ington." Mr. ScHAKCK. Each superintendent of irrigation is required to make investigations, to which lie maj^ be detailed. These are esti- mates each makes of what he will have to do, and the various amounts represent the sums which will probably be spent by the different superintendents of irrigation. In addition to these amounts we ask for this sum of $18,780 for any construction work that might be necessary on a reservation where no specific appropriation has been made and where there is no prospect of any work now. But these other funds would not be used for any such purpose as that. Mr. Carter. It appears that you have asked for $52,380 for mis- cellaneous work and for which you have given no detailed statement. Mr. ScHANCK. That is miscellaneous in the sense that we can not tell ahead of time to what reservation the major part will be applied. Mr. Carter. That is what yoii ask for unclassified. Do you not think that is a pretty large amount to ask when you ha^ e no work ahead ? Mr. ScHANCK. We have worked out everything except as to the $18,780 ; that is, in a general way. Of course, some contingency might arise that we would not know "about, but the $18,780 is the only one that is miscellaneous in the sense that we do not know to what pur- pose it will be applied. Mr. Carter. Well, how much did you have to spend in the last fiscal year to meet emergencies and damages as contemplated in your estimate of $18,780? Mr. Conner. Approximately $8,000. not including about $17,000 for which tribal funds were available. Mr. Carter. I would like to have in the record a statement as to how much you have spent for all these surveys and other miscella- neous and unclassified work, in order that I may make a comparison. Mr. Burke. As I understand it, in your justification you hav^ at- tempted to give the committee information, as nearly as you can, as to where the money appropriated will be expended? Mr. Mebitt. Yes, sir. Mr. Burke. Yet it is really available, so that any one of these amounts, if not expended as you indicate you intend to expend it, can be expended somewhere else? Mr. Meritp. Yes, sir. This is simply a tentative apportionment of the proposed appropriation. Mr. Burke. And the amount mentioned for contingencies, surveys, and emergencies is onlv suggestive. It may not be expended as you suggest, or a larger part of it may be expended for emergencies than you suggest, or a less amount expended for emergencies or more for surveys? .„ Mr'. Meritt. That is possible, but it is probable that the money will be expended as has been indicated in the justification. Mr. Conner. Most likely it will be spent in that way. The unclassified expenditures for 1910, 1911, and 1912 are reported as $41,256.89, $132,178.28, and $59,963.33, respectively, and include all expenses of inspection and supervision not segregated to specific projects or reservations. For 1913 the sum of $29,190.15 is reported, and all surveys have been segregated to reservations as far as possible. 24455—14 ii)i INDIAN APPEOPEIATION BILL. Mr. BuEKE. How much work is before you in the way ot surveying and prospecting, so as to give us some information as to hpw long this is going to continue ? Is it going to be a lasting proposition ? Mr. Eeed. No. I should think the development work should not last, at most, more than a couple of years. We ought to get to the- end of it by that time. Mr. Btjeke. It would seem so to me. We have been making this appropriation annually, and a large amount is being used for pros- pecting and surveying work, and we ought to get to the end of it pretty soon. Mr. Eeed. Yes. Mr. Meeitt. I wish to invite attention to the fact that we had in 1913 an unexpended balance out of this appropriation of $104,222.31 * I think it is due this committee that a statement be made by our irrigation people regarding this unexpended balance. The Chaieman. Is there anything to show that there are con- tracts which will take up that amount? Mr. CoNNEE. After our apportionment of the funds provided by the current appropriation which left unhypothecated something over $25,000 available for unforeseen demands, the following additional allotments have been authorized for use during 1914: Surveys and investigations : Arizona power sites $2,000 Papago Indians, Arizona 7, 500 Soutliern C^ilifornia and miscellaneous reservoirs 12,000 Gila River irrigation 16,000 Stream gauging (Washington) 350 $37, 850 Construction and extension : Fort Apache, Ariz 1,000 Morongo (part of $6,000), Cal 5,000 Rincou, Cal . 15,000 Pima Indians, Arizona (not specifically appropriated for)__ 25,000 Tule Eiver Reservoir, California 3, 500 Round Valley, Cal 1,800 51,300 Maintenance and repairs : Rice Station. Ariz 1,000 Fort Lapwai, Idabo 300 Shivwitz, Utah 50 Fort Mojave, Ariz 2,000 Salt River, Ariz 'lOO 3, 450 Total 92,600 It is apparent, therefore, that only about $12,000 of the unexpended balance on June 30, 1913, remains unhypothecated. Mr. Meeitt. I would also suggest that there are one or two items here that I believe should be made reimbursable, and if it is the wish of the committee I will go over this matter with some care with the irrigation service people and will indicate to the committee the items we believe should be made reimbursable. The Chaieiian. Would you be able to separate that or would you separate that from the general lump sum appropriated so as to deduct that from the general lump sum ? Mr. Meeitt. I think those items should be provided for spe- cifically in the bill and the total amount reduced. > INDIAN APPEOPEIATION BILL. 83 Mr. Burke. We ought to know something about the unexpended balances because they are available under the law, and if the amount •we are appropriating is more than can be expended annually we ought to reduce it so as not to have an unexpended balance or a' very large amoimt left over. According to ^Nlr. ?»Ieiitt's statement here is an unexpended balance of over $100,000. which does not mean, of course, that it has not been hypothecated. Mr. Meritt. That amount has been api)ortioned and will be ex- pended because this is a continuing appropriation, but it is an indi- cation that probably the following year a smaller amount should be appropriated by Congress. Mr. Burke. In the interest of economy and good administration it is very desirable that appropriations for irrigation projects should be available until expended. Mr. Meritt. It is very im]>ortant that they should be. Before we leave this item I wish to call attention to another condition on various reservations which I believe should be corrected. We have been appropriating large sums of money for irrigation projects to be reimbursed out of Indian funds. Now, on a number of these reser- vations only a portion of the Indians receive any benefit from those irrigation projects, yet they are required to pay their proportionate share out of tribal funds for the irrigation. Therefore, I have drafted an item which I would suggest be incorporated as a jjroviso clause to this general provision. It reads as follows: Proviilcd fuiilier, That the Cciiiimissioiier of Indian Affiiirs is liereby autiior- Ized and directed to apportion the cost of any irrigation project coiisrructed for Indians and made reimbursable out of tribal funds of said Indians in accord- ance with the benefits received by each individual Indian so far as practicable from said Irrigation project, said cost to be apportioned under such rules, regu- lations, and conditions as the Commissioner of Indian ,\ffairs may prescribe. If that provision is enacted into law it will enable the office to remedy these unjust conditions which now prcA^ail on certain Indian reservations in connection with irrigation projects. The Chairman. You would add that at the end of this irrigation item! Mr. Meritt. I think it would be preferable that it should be incor- porated at the end of this general irrigation item. The Chairmax. Will you prepare and submit to the committee a detailed statement of all Indian irrigation affairs? Mr. Meritt. Mr. Chairman. I will take pleasure in preparing such a proviso clause for the general irrigation item, and will state that it is my opinion that such detailed statement, which Congress should require to be submitted each year, would result in improving Indian administration, and would cause a more careful expenditure of this money, and would also enable the officials of the Indian Bureau, charged with the administrntion of this fund, to keep better traclj of the expenditure of the appropriation. Mr. Burke. The Indian appropriation act of April 4. 1910, con- tained these words : And annually thereafter the Secret.-iry of the Interior shall traiiK)\:it to Congress a cost account of all moneys fi-ora whatever source derived, expended on each such irrigation project for the preceding fiscal year. When that language was incorporated in the bill it Avas expected to bring the information that you propose and which we ought to 84 INDIAX APPKOPRIATION BILL. lave. T am sure the committee understood that the cost account re- ferred to there woidd give the details just as you indicate. Mr. Meritt. The interpretation which has been placed on that lan- guagv l).y the particular branch of the Indian Bureau that is charged with the administration of this work has resulted in submitting to Congress the meager information which is contained in House Docu- ment No. 299. I think this information should be more in detail, so that Congress could have foil information, as well as the adminis- trative officers of the Indian Service. Mr. Burke. I think the department would be entirely justified in furnishing it under the language contained in the act I have referred to, but if it is not sufficiently precise to bring it, then I should be in favor of amending it as you suggest. , Mr. Meettt. I suggest that this proviso read as follows : Provided also. Tlint the following provision contained in the act of April fourth, nineteen hunrtved and ten (Thirty-sixth Statutes at Large, page two hundred and seventy), "And annually thereafter the Secretary of the luterior shall transmit to Congress a cost account of all moneys, from whatever source derived, expended on each such iirigation pro.iect for the preceding fiscal year," be amended to read as follows : "And annually thereafter the Secretary of the Interior shall transmit to Con- gress a cost account in detaU of all moneys, from whatever source derived, ex- pended on each such irrigation jiro.iect for the preceding fiscal year, which shall show the number of Indians on the reservation where the land is irrigated, irri- gable area under ditch, irrigable area under pro.iect (approximate), irrigable area cultivated by Indians, irrigable area cultivated by lessees, amount expended on construction to June thirtieth of the preceding fiscal year, amount necessary to complete, and cost per acre when com])leted (estimated) ; value of land when irrigated, and such other detailed information as may be requisite for a thor- ough understanding of the conditions on each system or pro.iect." The CiiAiRJiAK. What is the next item? Mr. ilERiTT. The next item is : For the suppression of the traffic in intoxicating liquors and deleterious drugs, herbs, and plants among Indians, $100,0(10: Proriile. ].S02. and January oO, Is'.lT. make it an offense to furnish intoxicating iiqnovs to Indians or to introduce them into what is termed " the Indian country." Special acts have either extended the aiiplicability of these laws to certain reservations or there has been siieeiflc legislation dealing with certain States or reservations. In the enabling arts admitting Oklahoma, Ari- zon,-i. and New ilexico it has been provided, in substance, that the Federal liquor laws shall extend to the reservations in existence on a certain date, to those lands which may be disposed of. sold, or reserved tor a period of from 21 to 25 years. In the opening of the Rosebud, Siletz Flathead. Fort Peek, Cheyenne Elver, Standing Itock. Fort Berthold, and Pine Ridge Reservations the liquor laws have been extended to these lands for 25 years, or until Congress shall otherwise direct. In the treaties or agreements with the Y.inkton Sioux, the Xez Perce, and Chippewa Indians in Minnesota it has been i)rovided, in sub- stance, that these Indians shall be protected from intoxic.-ints. In addition to the foregoing, there are a large number of Indians within the United States who are wards of the Goveriuuent and whom it is our legal as well as our moral duty to protect from this evil. With the advent of the policy, which is recngulKed liy Congress through its action in making appropriations for industry among the Indians, to give the Indians land, agricultural implements, etc., the benefits or irrigation, the erec- tion of modern homes, and the like, in order to better prepare them for the day when it will be wise and necessary for them to compete with their white neighbor; to be jilaced on a self-sustaining basis, and to assume their places among the citizens of the States, our duty t(j protect them is materially in- creased. To permit these Indians to have access to intoxicating liquors without any effort to punish those who furnish them or place them within the reach of the Indians, means the loss of property to the Indian, and money and energy on the part of the Government. The records of the office show innumerable cases where designing individuals have used whisky or other intoxicants as a means to deprive the Indian of his property, and although such persons are punished it leaves the Indian without any resources. It is therefore not only essential l)ut necessary that we should have amjrte funds for this purpose. The Indians under the jurisdiction of the Indian Office number over 300,000, scattered throughout 24 States, extending from Florida to New York in the East and from Washington to California in the West, and from the Atlantic to the Pacific. With such a vast territory to cover, it is absolutely necessary to do a large amount of traveling. Making due allowance for this fact, together with a per diem of $3, in lieu of subsistence, and a salary of from $1,200 to $1,350 per annum, it costs this office on an average of $3,500 for each officer. To provide an officer for each State would require an outlay of $84,000, with- out and provision for supervision, office expenses, and contingencies. With an appropriation of $100,000, the employment of a special officer for each State is entirely impracticable for the reason that protection could not be afforded the Indians in some of the States on account of the size of the territory. We must, therefore, in order to properly cover the country, supplement our regular force, which is small, by 30 or 40 paid deputy special officers, who are assigned to certain territories to operate in con.1unction with the regular force and the superintendents and employees of the various reservations. Since the organization of the service, in 1907, to enforce the laws under consideration, and including the fiscal year 1913, there has been appropriated by Congress $373,000. The first appropriation was $25,000, and the last $100,000 for this fiscal year. In the punishment of those who have violated either the State or Federal laws on the subject of selling liquor to Indians, there have been assessed fines to the extent of $272,400, in which amount the sums for 1907 and 1908 are not included, because they are not available. With the appropriation of $75,000 for tie fiscal year 1913, we have been able to bring about 1,054 arrests, 553 convictions, 114 cases were dismissed, 17 defendants acquitted, leaving at the close of the year 1,365 cases pending, including those from former years. Approximately, $50,000 was the amount of the fines assessed and 26,000 gallons of liquor seized. In connection with our work among Indians, we find that in certain localities they are addicted to the use of deleterious drugs, herbs, and plants. 86 INDIAN APPEOPBIATION BILL. On the Pacific coast the use of coeniue. opium, niul the lilie. lias beau au obstacle in our efforts on behalf of these Indians. Among the Oklahoma, the Sioux, and other Indians throughout the country, the use of mescal or peyote has been the source of much trouble. This article is used in many instances as a substitute for intoxicating liquor, but its evil effects are practically the same, scientists having determined that it contains qualities similar to cocaine and morphine. Congress has recognized the necessity for controlling the impor- tation of opium, and the States have taken action regarding the use of cocaine, morphine, and the like. It is essential and necessary, therefore, . that we should be able to render the Indians a like service, the detrimental effect of such articles being recognized. In connection with our operations in Oklahoma, we have been seriously handicapped by the ruling of the Circuit Court of Appeals in the ease of Evans i). Victor (204 Fed., 361), wherein it was held that lands in the eastern portion of that State, or the old Indian Territory, inhabited by the Five Civilized Tribes, were not Indian country, and, therefore, our special officers had no authority, without a search warrant or other process, to search such lands, stores, etc., for intoxicating liquors, under the provisions of sections 2139, as amended, and 2140 of the Revised Statutes, or any other act of Congress. Section 8 of the act of March 1, 1895 (28 Stat., 697), prohibits the disposition or inti'oduction of intoxicating drinks or liquors into the old Indian Territory. In the agreements with the Seminoles made in 1897 (30 Stat., 567), with the Creeks in 1901 and 1902 (31 Stat, 861; 32 Stat, 500), with the Choctaws and Chickasaws in 1898 (30 Stat, 507), and in 1902 (32 Stat, 641), and with the Cherokees in the latter year (32 Stat, 716), the importance of preserving re- strictions upon the introduction of intoxicating liquors from without and traffic in them within the Indian Territory was recognized. Congress further recognized this fact in the act of June 16, 1906 (28 Stat., 267), in providing for the admission of Oklahoma into the Union. "Under the jirovisions of section ,2140 of the Revised Statutes and the act of March 1, 1907 (34 Stat., 1015), our officers are empowered and authorized to seize and destroy ardent spirits and wine which have been or are about to be Introduced into the Indian country. Based on the ruling of the Circuit Court of Appeals in the case of United States Express Co. v. Friedman (191 Fed., 673), an active campaign was carried on to suppress the traffic of intoxicants among these Indians. The Supreme Court, in the case of Ex parte Webb (225 U. S., 663), holds that the enabling act did not repeal the act of 1895 so far as it pertains to the carrying of liquor from without the new State into that part of it which was Indian territory. In the case of United States v. Wright (229 U. S., 226) the Supreme Court held that the act of January 30, 1897 (29 Stat, 506), was not repealed by the enabling act. The ennbling act expressly reserved the authority of the Government of the United States to make laws or reguhitious respecting such Indians just as it the enabling act had never been passed (Tiger v. Western Co., 221 U. S., 309), and also It expressly continued the laws in force at the time of the admission of the State into the Union, except as modified or changed, and also all laws of the United States not locally Inapplicable. The Five Civilized Tribes of Oklahoma comprise over 100,000 Indians, or about one-third of the total Indian population of the United States. To fulfill the agreements referred to with these Indians, it is necessary to keep intoxicat- ing liquors from without that territory and to that end enforce the provisions of law referred to. However, under the decision of the Circuit Court of Appeals in the Evans v. Victor case we are seriously handicapped in our work. The ob.iect of the item under consideration is to extend to and make applicable within the eastern portion of the State, or what was known as the Indian Territory, by specific legislation within the jurisdiction of Congress (Tiger «. Western Co.) the provisions of section 2140 of the Revised Statutes and the enforcement of section 8 of the act of March 1, 1895. This legislation wiU enable us to fully protect these Indians from intoxicating liquors in accord- ance with the acts of March 1, 1895, January 30, 1897, and June 16, 1906. The Chairman. Why is the change of language made here? The provision formerly read, "For the suppression of the traffic in intoxicating liquors among Indians." Why was it necessary to make that change in the language ? INDIAN APPROPEIATION BILL. 87 Mr. Meritt. The justification, on page 5, shows the necessity for that change, and it is probably a more condensed statement than I can make. The Chairman. Mr. Meritt, would it benefit this act to insert these words, " For the suppression of the traffic in and the introduction into the Indian country of intoxicating liquors, deleterious drugs, etc."? Mr. Cabtee. Or " For the suppression of the traffic in and the introduction of intoxicating liquors into the Indian country " ? As stated, it is against the introduction of liquor in the Indian country. Mr. Meritt. The courts might hold that certain territory where the Indians are now living on reservations opened by various acts of Congress is not Indian country. Mr. Burke. It would undoubtedly curtail the use of the appro- priation. Mr. Meri'tt. We would like to have this language as broad as possible. Mr. Burke. It is broader as it is. There is, of course, some reason for Federal appropriations for the suppression of liquor traffic even in parts of the country where the Indians are subject to the local laws and are citizens of the State. It has created, as we know, some dissatisfaction. Mr. Carter. It ought really to apply to the Indian country, I think. Mr. Burke. Mr. Meritt, have you any information that shows the amount of money collected in fines? The justification shows the amount imposed and the number of convictions, but there is nothing to indicate how much was actually paid. Mr. Meritt. We could probably procure that information from the Department of Justice. Mr. Burke. If you can approximate the amount I wish you would, so we will know how much we are getting as a result of this expenditure. Mr. Meritt. I think there is quite a large amount that goes back 'into the Treasury as a result of the operations under this appro- priation. Mr. Burke. Your justification shows that there were 1,054 arrests ; 653 convictions; 114: cases dismissed; and 17 defendants acquitted, leaving at the close of the year 1,365 cases pending. Approximately, $50,000 was the amount of fines assessed and 26,000 gallons of liquor seized. Now, my question goes to the matter of ascertaining, if it is possible, how much money was actually paid in fines ? Mr. Meritt. We will try to get that information for you. We in the Indian Office recognize this as being one of our most important appropriations. Keeping liquor from the Indians is one of the hardest problems the office has to confront. This appropriation is for work which covers a very large area of country; it covers an area almost as large as the New England States and New York com- bined, and we would like to have the full $100,000, and could use considerably more. 88 INDIAN APPBOPEIATION BILL. The following statement is submitted in answer to your question : During tlie fiscal year ending June 30. 1913, fines to the extent of $48^388 were imposed by the Federal courts for violation of the acts forbidding the sale and traffic in intoxicating liquors among Indians. The chief special officer estimates that in 50 per cent of the cases where fines are imposed the pauper's oath is taken and the approximate amount of money actually converted into the Treasury would therefore be .^24.198. We have no figures showing the exact amount so collected, for the pauper's oath is seldom taken until after the jail sentence has been served. In addition to this alternative sentences of fines or imprisonment involviug $2,006 were imposed, but the records do not show how much money was col- lected therefrom or what ones were imposed by State as distinguished from Federal courts. Mr. BuEKE. Well, so far as your office is concerned, if we should report the bill with the item as estimated, could we reasonably expect that no effort would be made to increase it at the other end of the Capitol when it goes over there ? Mr. IMeeitt. This is the amount that we will ask for before the Senate committee. We are very much interested in this work and we hope Congre.ss will give the bureau the full amount requested. STATEMENT OF HON. CATO SELLS, COMMISSIONER OF INDIAN AFFAIRS. Mr. Sells. I would like to say something about health conditions. Before you enter upon item 4 may I make a brief statement? Our health work is under the supervision of a medical supervisoL He has assistants, and with them are associated something like 200 doctors, 68 nurses, and about 76 matrons, all of whom have to do with our medical service. I am very much- disturbed about health conditions as I find them among the Indians. I find that tubercu- losis and trachoma are very prevalent, alarmingly so. ' In fact, some- thing like 20 per cent of the Indians are affected with eye trouble Ivnown as trachoma, and about 12 per cent of them are tubercular. This condition we hope soon to get comparatively well in hand. It is a work altogether out of the usual. If I were to indicate the service of the Indian Bureau that I feel is most underpaid, I would first say the nurses, the matrons, and the doctors. I am not at all satisfied that we can ]:)rocnre the service we ought to have, and that the Indians are entitled to, for the compensation we are now paying the doctors. Our doctors are either resident physicians who devote their whole time to the work or contract physicians, the resident physi- cians in no instance receiving over $1,.")00 a vear and seldom more than $1,200. The Chaieaian. Would it be possible to let the agency physicians, in the small agencies act as superint-endents ? Could not the two be combined and in that way save an expense to the Government? Mr. Sells. Only recently I appointed Dr. Taylor as superintendent and Dhysician at Havesupai, and we have that plan in view on small agencies where we can find a man who has the experience and equip- ment necessary, and where such an arrangement is otherwise desir- able. The CiiAiEMAN. Can you find doctors who have been on the reser- vations for several years and who are acquainted with the needs of the Indians? INDIAN AlJPKOi'KIATION" BILL. 89 Mr. Sells. Not often. AVliere we ciin find them we expect to use -them. It Ls wholly undesirable, from ray point of view, that inex- perienced physicians should he employed to practice on the Indians. That IS not the rule, but it should never be tlie case. I only mention that incidentally, because it has appealed to me as an apparent weak- ness in the service. The place. al)ove all others, as T now see it, where a general increase in salaries would be justified, would he the salary of the average physician in the Indian Service. The Chairman. What have you been paying? Mr. Sells. I do not recall any salary over $1,500. Dr. MuBPHY. The average salary is about $1,150 for the regular physicians employed for their entire time. Mr. Seij^. It is inconceivable, gentlemen, that the proper service can be secured for that amount. The Chairman. Then you require these physicians to devote their entire time to the work? Mr. Sells. As much time as is necessary. Sometimes we allow them to use their spare time only in private practice. Our general rule is to have resident physicians always on the ground, where there are enough Indians to justify it, rather than contract physicians. We are studiously seeking to improve this service, but it is very diffi- cult with the limitations as they now exist. Mr. Carter. Isn't it almost impossible to check the spread of tuber- culosis and trachoma without hospitals and places to segrejzate the infected cases ? Mr. Sells. I am very glad you suggested that. I find that it is very prevalent — both are contagious diseases. I find, too, that the death rate among the Indians as a result of tuberculosis is 10.98 per thousand, while among whites it is 1.13 per thousand, grossly out of harmony. However, my observation and experience is that it has been accentuated largely because of the transformation process that has been inaugurated among the Indians, going from their tepees to unventilated houses Avhere sanitary conditions are not what they should be, and where large families are crowded into small quarters, with impure air, and the other things that are the natural result of too close living conditions. That is one of the prob- lems of the service, the betterment of that condition. I am confident that with the work now .contemplated we can rapidly improve the situation and largely reduce trachoma and tuberculosis. Answering more directly your question, Mr. Carter, it will be necessary that we greatly increase hospital facilities on the reserva- tions and it may be necessary to have some nonreservation hospitals. Up to this time there are practically no hospital accommodations for adults. They are almost entirely for minors. There are four hospitals of some pretentions ; one in Idaho, one in New Mexico, one at Phoenix, Ariz., and one at the Sac and Fox Agency in Iowa. None of them will accommodate over 100, and the one in New Mexico accommodates only 12 or 15. I believe that something substantial ought to be done along these lines and should be done without delay. Mr. Carter. Your idea is that small temporary hospitals could be erected upon the reservations? 90 INDIAN APPEOPRIATION BILL. Mr. Sells. Yes. They will then be within reach of the Indian families, the local physician is there, and the general environment is there to insure the best results. Mr. Carter. Then, another thing, is it not a little difficult to get an Indian, especially when he is sick, to leave his reservation? Mr. Sells. It is difficult to induce an adult Indian to leave hid home, and it is almost impossible to get a father and mother to con- sent to be separated from a child who is in serious ill health ; I think even more so than the whites. Mr. Carter. While we were on this trip, at one agency we encoun- tered a case of trachoma in about these conditions. Just as we drove up to the agency an Indian called to the superintendent, who was with us, and when he came in Senator Townsend and I asked the superintendent who was the trouble. " Well," he said, " his daughter has trachoma and they won't let her come to school." We asked him, "What are you going to do about it? " He said, "Well, they will have to take her back home." It occurred to me that that was a very inhuman thing to do, to send that child right back to the home of her mother and father to infect all the balance of the fam- ily. It seems to me that it would have been much better to have taken the child and segregated it in the school, some way, where they could watch it. Mr. Sells. That is one of the things we are now undertaking to advise ourselves about. I have discovered that on many reserva- tions there are children who are infected and are denied the privi- leges of school, and as a consequence they are perhaps sent away to infect the home and are thus denied educational privileges, and perhaps allowed to grow up without the opportimity they are entitled to. We are now gathering facts looking toward a solution, with a possible recommendation a little later for the development of a school where these cases may be segregated and properly cared for. Mr. Carter. If a school is too small to justify a hospital, they ought to at least have some segregated part of the building where these cases could be kept, and they should not be sent back to the tepee or cabin of the father, which, as you say, is poorly ventilated, and brought in daily contact with the other members of the family. Mr. Sells. It is a serious condition, but we hope to work out some- thing that will be helpful. Mr. Carter. What about your authority to properly ventilate a home and put it in a sanitary condition ? About all you can do is in the way of persuasion, is it not? Mr. Sells. Entirely; and it is a weakness in not being able to resort to those things which do not look like an undue exercise of authority. There ought to be greater power vested in those who are responsilDle for remedying these lamentable conditions. Mr. Carter. Wliat do you think, Mr. Commissioner, about merg- ing the medical end of the bureau into the Health Department? Mr. Sells. I do not see how you can separate these things sue- • cessfuUy. They are necessarily so thoroughly interlocked that they could not be divided without great detriment to the service. Mr. Carter. If it were placed under the Health Bureau, they would then have the authority to do these things, would they not? Would INDIAK APPEOPKIATION BILL. 91 they not have the authority on Indian reservations to make these homes sanitary? Mr. Sells. No; not unless such authoritv were conferred. Mr. Cari-er. They have not? Mr. Sells. No; t think not. We are asking for an extension of authority in this respect, in so far as it does not involve an abuse. Mr. Carter. We interrogated a great many physicians about these matters, and I think practically everyone that we asked about it was favorable to placing the health service of the Indian Bureau under the Health Department. Mr. Sells. That may be the idea of the physicians, but I very much doubt whether that would be a good method of administration or whether it would produce satisfactory results. The Chairman. Where the tribal relation exists and the land has not been allotted you might use some force in correcting sanitary conditions, but if the Indians had received their allotments these physicians who attempted them would be subject to the laws of the State. Mr. Sells. Yes. I speak more especially of reservation conditions. _ The Chairman. You refer to reservations where the tribal rela- tions still exist? Mr. Sells. More especially. Dr. Murphy, supervisor of health and medical matters pertaining to the Indian Bureau, is present, also his assistant. Dr. Daugherty, who is in charge of the health section of the Indian Bureau, and he will give you such information as you may desire in addition to the general presentation of it by Mr. Meritt and others. Mr. Meritt. We are asking for the same amount as appropriated for this purpose in the last Indian appropriation act, $200,000,, for which the office submits full justification. This justification has been prepared with great care by the medical branch of the office. This is the item : To relieve distress among Indians and to provide for their care and for tlie prevention and treatment of tuberculosis, trachoma, smallpox, and other con- . taglous and infectious diseases, including the purchase of vaccine and expense of vaccination, and for correction of sanitary defects in Indian homes. $200,000 : Provided, That hereafter the Commissioner of Indian Affairs maj-, in his discre- tion and under such regulations and conditions as he may prescribe, enforce on ' afflicted Indians treatment for trachoma, tuberculosis, and other contagious or Infectious diseases, and to isolate and quarantine Indians affected with such disease when it may, in the discretion of the Commissioner of Indian Affairs, be to their best interest or to the best interest of others to do so. The following is the justification submitted : Item No. 4. — Relieviko Distrkss and Phevkntion, etc., of Disease Among Indians. Fiscal year ending June 30, 1914, amount appropriated $200, 000. 00 Fiscal year ending June 30, 1913: Amount appropriated 90, 000. 00 Amount expended 83, 349. 82 Unexpended balance 6, 650. 18 92 INDIAN APPEOPEIATION BILL. Aniilysis of eriicndUures. Salaries. Tvages, etc 28,637.23 Travelingr expenses 8, 526.88 Transportation of supplies 25.92 Telephone and telegrapli service 149.11 Miscellaneous material 264. 75 Stationery 145. 82 Fnel 618.29 Cleaning and toilet supplies 8.90 Wearing apparel 1, 012.42 Forage 837. 54 Provisions 4,828.33 Equipment 4,835.75 Construction and repairs 29,994.94 Medical supplies 2, 829.99 Miscellaneous 643.95 S3, 349. 82 Analysis of e.rpcnditure (or ijroposcd e-rijciiditwe) of J9H appropriation for " Believinff distress and prerciition of disease among Indians." (Fiscal y em- ending June 30, 19 Uj.) General field work : Salaries $29,580 1 medical supervisor, at $3,000 $3,000 1 assistant medical supervisor, at $2,200 2, 200 2 assistant physicians, at $1,800 3, 600 4 assistant physicians, at $1,600 6,400 7 dentists, at $1,500 10, 500 1 nurse, at $1,000 1,000 2 nurses, at $840 1,680 1 general mechanic, at $1,200 1, 200 29, 580 Salaries (temporary positions) 7,500 (32 nurses (average 25 weeks) at $25 a week.) Traveling axpenses for above 19,000 Medical, dental, and incidental supplies 2,000 $58, 080 Sanatoria for tuberculosis : Fort Lapwai 54,000 Salai-ies for employees 16, 120 Annual estimate supplies 14! 817 Additional subsistence supplies 2, 500 Transportation of supplies 500 Transportation of patients 1,000 New construction and repair 16,000 Miscellaneous labor 1,000 Miscellaneous expenses 2, 063 54,000 Sac and Fox Sanatorium 40,000 Salaries 8,4.33 Annual estimate supplies is! 435 Transportation of supplies 250 Transportation, patients and escorts 1, 300 New construction and repair 10,186 Miscellaneous 6, 396 40,000 INDIAN APPEOPEIATION BILL. 93 Sanatoria for tuberculosis — Coiitinuecl. Phoenix Saniitorium TfU, 82(1 Salaries $3,150 Annuel estimate Additional subsistence 481 Transportation of patients 500 Miscellaneous 345 4, 47C New construction and repair : - 3,000-gallon tank and tower 2, 850 Addition to girls' pavilion 2, 100 8 bungalows 1,400 Bathhouse . 1, 000 7. 35(1 Laguna Sanatorium 9, 71;! Salaries Annual estimate 565 Additional subsistence and supplies 1,071 Transportation of supplies 24 Transportation of patients 50 New construction and repair 8,000 9,713 Tuberculosis pavilion, Navajo 6, 000 Tuberculosis camp. Fort Apache 1, 200 Equipment for treating tuberculosis and trachoma at Moqui Hospital 1,000 $123,730 Miscellaneous : Purchase of vaccines and expense of vaccination 1,000 Miscellaneous expenditures for relief of distress 6,000 Correction of sanitnrv defects, Indian homes 11, 181 18, 181 200,000 In accordance with the provision of au act of Congress appnived August 24, 1912, a most thorough and exhaustive report upon the prevalence of contiigious and infectious diseases amonp: Indians, with recommenrtatious as to their pre- vention and treatment, was made by the Public Health Service Januarj' 27, 1913. and was printed as Senate Document No. KKiS. The findings of this in- vestigation thoroughly confirm the numerous previous reports of the Indian Ofiice submitted to Congress in justification for increased .-ippropriations for medical and sanitary work am.ong the Indians and thoroughly show the urgent need for the expenditure of e\en more than the nmnuiit asked in the ])rpf!ent estimate. These conclusions and recommendations art-, in brief, as follows : CONCLX'STONS. Trachoma is exceedingly prevalent among Indians. The incidence of tuberculosis among Indians is gre;itly in excess of that esti- mated for the white population, and the undertaking of immediate means of relief are indicated. The sanitary conditions of reservations are, on the whole, bad. and require improvement in housing conditions and habits of living. The primitive Indian requires instructions in jiersonal hygiene and hal)its of living, especially in stationary dwellings and practicr.l education in such mat- ters must made the basis of future advancement. The sanitary conditions in most Indian schools are unsatisfactory because of one or more of the following conditions : Overcrowding, inadequate ecpiipment, imperfect sanitary supervision, and lack of observances of necessary sanitary precautions. There is danger of the spread of tuberculosis and trachomfi from the Indmn to- other races by reason of the increasing intercourse taking place between them. J J Due care is not exercised in the collection and preservation of records of mnrhiflitv nnct mnrtalitv. 94 INDIAN APPROPRIATION BILL. The medical braiicli of the Office of Indian Affairs is hampered in accom- plishing effective work in curing and preventing diseases, (a) because of insuffi- cient authority in medical and sanitary matters; (B) because of existing ob- stacles, such as racial characteristics, present economic status of the Indian, and varying physical conditions on reservations; (c) because of inadequate com- pensation, absence of reasonable expectation of promotion, and lack of esprit de corps and coordinate organization. The suppression of tuberculosis and trachoma among Indians will be diffi- cult. Loug-continned efforts and the expenditure of considerable funds will be required. BECO.MMENDATIONS. The economic status of the Indian should be Improved. Efforts should be made in greater degree to educate the Indian m personal and domestic hygiene and the means necessary to guard against contagious and infectious diseases. In combating diseases, educational measures have lieen found to be most important and can not be excluded. Such education should be more widely attempted by means of home instruction, lectures, demonstration, moving-picture shows, and by any other means found to be effective. Greater efl'ort should be made toward the improvement of the houses of the Indians. Studies should be undertaken in the design of the cheapest and most sanitary form of dwellings for the various climatic conditions on Indian reser- vations, and Indians encouraged and aided as far as practicable in the con- struction of such habitations. All dwellings built in the future should be in conformity with an approved design. In so far as practicable each house should be restricted to the use of one family, thus avoiding the overcrowding now so common among Indians. Permanent dwellings and camps should be provided with sanitary privies and their use encouraged. Reservations should be divided into sanitary districts according to size and density of population, each with a medical officer, who should be under the immediate supervision and control of the chief medical officer on the reserva- tion, who may also be in charge of a sanitary district. The chief medical otficer of a reservation should be held strictly accountable for the sanitary con- dition of the districts in his jurisdiction. An accurate census should be made as soon as practicable in each sanitary district and the sanitary condition of all dwellings and the physical condition of ei.ch inmate with special reference to the existence of tuberculosis and tra- choma determined and properly recorded. Eegular sanitary inspections of reservations, the dwellings thereon, boarding schools and day schools, should be made by the sanitary officers for the dis- covery and abatement of nuisances. Medical officers of reservations should be under the supervision and control of a distinctly medical bureau. They should be heldstrictly accountable to such bureau for the administration of medical and sanitary matters on reservations, and the character of their work should be controlled by frequent inspection. The physicians to the Indians should be so organized as to Insure adequate medical and sanitary supervision on reservations and at day and boarding schools. Only competent men should receive a]ipointnient, and the compensatinu should be sufficient to retain their services. Unqual'fled men should not be retained In medical and sanitary matters the authority of the medical officers shonld be, in large measure, independent of agency superintendents, and there should be lodged in a central bureau plenary powers in respect to all medical and sanitary matters among the Indians. Hospital facilities should be provided on reservations for the reception of Indians suffering from severe trachoma, and in any hospital treatment sufficient authority should be granted to require them to undergo such treatment when from the cond'tion of their eyes they are a menace to the public health. In each infected sanitary district of a reservation a dispensary or office should be provided for the treatment of cases of trachoma not requiring hos- pital care, and such dispensaries should be in charge of those qualified to administer treatment for diseases of the eyes. A sufficient number of field nurses should be provided and administer, under the direction of the physician, home treatments and instruction to those who can not be sent to the hospital nor attend the dispensaiy. INDIAN APPEOPRIATION BILL. 95 All Indian schools, day and boarding, both Federal and mission, should at all times be under competent medical and sanitary provision. Separate schools, where practicable, should be established for trachomatous children. All boarding schools wherein trachomatous pupils are admitted should be provided with adequate facilities for the care and treatment of trachoma, such facilities to include the permanent services of a nurse trained in the care ahi treatment of diseases of the eye. Systematic medical examination should be made regularly of all children in schools. Sanitary districts on reservations should be regularly inspected for the detec- tion of cases of tuberculosis. All tuberculous individuals who are capable of disseminating infection and who can not live separately in their homes in compl'ance with regulations should be removed to a suitable site where they can be properly housed and cared for and their houses disinfected. Hospital facilities should be provided on reservations for the care of advanced cases of tuberculosis. Greater efforts should be made to educate the Indian to protect himself against tuberculosis. The following table gives the summary by States of the vital statistics and prevalence of disease among Indians for the fiscal year 1913, prepared from the reports of the physicians and the superintendents : Place. Population Births: During year Per thousand Deaths: During year Per thousand Under 3 years Due to tuberculosis: During year Per thousand Housing: Permanent houses. . . Tents, tepees, etc Houses having floors . Ari- zona. 39, 505 2,313 1,960 50 1,209 3,430 5,196 276 Cali- forniifc. PEEVALENCE OF DISEASE. Population Examined Jor disease Number cases tuberculosis Ibund Estimated all lorms tubercu- losis ■• Trachoma found Estimated trachoma ■ Operated for trachoma Treated tor trachoma (not operated) k HOSPITAL FACaiTIES. Agency or school hospital: Number Capacity Remaintag in hospital June 30,1912 During fiscal year 1913: Admitted Total treated Discharged Died Total discharged and died Remaining June 30, 1913. 9,563 181 19 235 26 46 69 7 2,542 676 1,786 Colo- rado. 39,412 10,015 9,367 2,962 1,422 223 4,821 2,362 7,360 653 352 339 640 64 1,962 205 10 277 6 153 72 18 1,409 1,481 1,372 14 780 798 781 a 1,.S87 94 787 11 109 206 31 870 358 46 ■ 72 130 4 65 Florida. Idaho. Iowa. 110 27 126 31 25 50 12 682 4,089 1,823 347 122 453 31 100 2 108 192 232 82 5 87 145 366 215 31 72 74 120 35 Kan- Michi- sas. gan. 1,345 1,345 68 61 3 2 44 33 15 4 3 2 2 1 304 70 362 472 40 1,345 790 1,345 615 23 6 39 62 66 4 8 5 5 282 35 5 1 70 1 24 4 3 629 633 630 2 340 343 342 1 632 1 343 Minne- sota. 11,338 469 40 234 21 74 2,298 34 1,763 11,338 5,631 461 1,943 1,038 2,73a 231 475 2 43 687 663 643 7 660 13 96 INDIAN APPEOPEIATION BILL. Place. Mon- tana. Ne- braska, Ne- vada. New Mexico. North Dakota. Okla^ homa. Oregon South Dakota 11,331 401 35 368 32 123 105 9 2,752 384 2,470 11,331 4,724 1,366 1,822 1,543 2,011 231 1,016 1 11 6 236 242 239 1 240 2 3,890 141 36 80 21 15 15 4 913 4 913 2,578 679 52 444 70 585 2 38 1 120 1 349 350 350 ""356' 7,556 224 30 194 26 17 28 4 805 906 410 2,556 1,184 195 437 874 1,186 87 246 1 11 3 243 246 174 1 175 71 21, 725 436 20 328 15 106 74 3 3,736 354 152 21,725 2,928 224 2,152 1,036 6,801 141 854 5 135 2 914 916 901 2 903 13 8,638 366 43 229 27 52 94 11 1,881 444 1,631 8,538 5,279 521 1,115 979 1,416 325 68 2 26 6 294 300 297 3 300 16, 165 524 36 396 26 152 91 6 3,777 1,164 3,734 13, 2K 3,400 347 1,651 1,^2 4,451 '207 679 4 70 15 609 624 604 1 605 19 6,414 129 20 113 17 30 113 6 2,743 250 2,539 6,414 1,596 288 2,405 70 2,166 64' 1 38 22 177 199 187 3 190 9 20,635 Births: 779 38 Deaths: Durine vear 558 » 186 Due to tuberculosis: 5S8 Per thousand 6 Housing: 5,3Se 156 3,246 PREVALENCE OF DISEASE, ^Population 20,'555 2,BU Examined for disease Number cases tuberculosis found Estimated all forms tuberculosis Operated for trachoma 232 Treated for trachoma (notoperated) . . HOSPITAL FACILITIES. Agency or school hospital: NlTmhfir 668 i 122 Remaining in hospital June 30, 1912 .. 55 During fiscal year 1913: A rirnit.t.ert 497 Total treated SS2 Discharged 479 Died 6 Total discharged and died 48S 67 Place. Utah. Wash- ington. Wis- consin. Wyo- ming. Grand total. 1,315 56 43 66 49 22 19 14 147 149 103 1,315 691 36 63 254 428 34 178 11,242 248 22 246 22 78 91 8 2,659 247 2,770 11,242 2.991 194 2,057 286 1.497 19 225 3 69 9,930 295 30 196 20 64 38 4 1,683 46 1,441 9,930 2,870 341 630 138 186 4 116 3 71 16 751 767 745 6 751 16 1,715 67 39 49 29 16 19 11 94 588 20 1,715 450 48 161 225 857 20 300 1 60 6 6 4 1 5 1 190,505 6,915 Births: During year . . Per thousand Deaths: 5,488 2,237 Due to tuberculosis: 1.843 Per thousand Housing: 37,W Tents, tepees, etc. %^ PREVALENCE OF DISEASE. 181,3!4 Examined for disease , . . 81.204 23!W Estimated all forms tuberculosis. 12,106 Estimated trachoma .... 37,068 "Operated for trachoma. . 2,S?5 7,358 HOSPITAL FACILITIES. Agency or school hospital: . 48 1,358 Remaining in hospital June 30, 1912 1 294 During fiscal year 1913: Admitted 1 966 966 966 9,827 10,121 9,581 Died... ":;:::;:;:;:;::;:;;::;;:::;;:;:;;:;;::;:::;:;:: 6! 966 9,64S (71 Remaining June 30, 1913 j INDIAN APPROPRIATION BILL. 97 Suiniiiary. Birtli rate per 1,000 Indian population i oq 7^ Death rate per 1,000 In(lia4 population. ~_ I""" ^Sqss Percentage of deaths due to tuberculosis I'lIII 33 53 -,Q°5^^'2°^ '^'^'^i^^sexummea for disease, 13.09 per cent had tuberculosis and 19.78 per cent trachoma. Of 181,374 reported, it is estimated 12 73 per cent have tuberculosis and 20.44 per cent have trachoma ^9?^^iHnoL^H ^■'^^ ^^'% *° tuberculosis, 10 98. Based on population of 322,000 estimated number of cases of tuberculosis would be 41,110 Based on popuation of 322,000, estimated number of cases of trachoma would be 65,987 1 J^. -H. est., ^^,000). PREVALENCE OF TUBEBCULOSIS. Analyzing the foregoing table it will be seen that there were 1,843 deaths from tuberculosis In 1913 among the Indians reported upon, and exclusive of nn®r.o *^°® "* *^® ^^® Civilized Tribes, a death rate from tuberculosis of 10.98 per thousand. (Compare death rate among whites, registration area United States— 1.73 per thousand.) The number of cases of tuberculosis reported as diagnosed by the Government physicians among 61,294 examined Is 8,012, and the estimated total number, 23,099 cases. In the same proportion for the total population of Indians in the United States, there would be 41,116 cases of tuberculosis among Indians, or about 12 per cent of the Indian population. In addition to a high mortality from tuberculosis, the total mortality Is also greatly in excess of that in the registration area of the United States, and It is only the correspondingly high birth rate which prevents the race from gradual extinction. The rates may be compared as follows : Indians. Among whites in the regis- tration area, tTnited States, Birth rate per thousand Death rate per thousand Death rate due to tuberculosis per thousand 38.76 29.88 10.98 (25 to 30) 15 1.73 PREVALENCE OP TRACHOMA. Of the 61,204 Indians examined for trachoma by the Indian Service physicians 19.78 per cenf had trachoma, and It is estimated by them that at least 23.099 Indians living In the area reported upon have the disease. In the same propor- tion there would be 65,987 cases of trachoma among the total Indian population. This estimate is practically the same as that made In the Public Health Report, which states 22.7 per cent of the Indians examined had trachoma, and makes a "conservative" estimate that there are at least 71,997 cases of trachoma among the total Indian population. HOUSING AND 8ANITABT CONDITIONS FAVORING THE SPREAD OF DISEASE. Only 50 per cent of the Indian homes have wooden floors, and the large pro- portion of dirt floors, stained with the sputum from tuberculosis cases, is a potent factor in favoring the spread of this disease. The insanitary housing conditions and their insanitary personal and social habits and customs (both of which are excellently described in the report of the Public Health Service, pages 61 to 66, Inclusive) must be improved before any substantial progress may be made in preventing disease among them. 1 Based on population of 178,408. 24455—14 7 ' Based on population o( 183,678. 98 INDIAN APPBOPEIATION BILL. OiTLiKE OF Proposed MEmcAL Work. In order to improve these sauitfiry and health conditions it is proposed to carry out the following oiitline : EDUCATIONAL WORK. (1) AnioDf/ IniHiin xi-liuot iJiipUs. — Easel charts on tuberculosis, house fly and mosquito, oral hygiene, sanitary housekeeping, water supplies, trachoma, care of infants, personal cleanliness, care of milk, disposal of excreta, garbage, etc. Mounted photographic exhibits : Spread of disease, public drinking cup, etc. ; hygiene, spitting, sanitation (with mottoes to accompany pictures). Opaque projection Illustrative material, in sets, containing photographs, mounted mottoes (printed on typewriter or press), cartoons, mounted pictures (cut from magazines), posters, typewritten lecture of explanation. Press bulletins on communicable diseases of seasonable occurrence to be re- leased for publication In school journals prior to usual occurrence of the disease. School pupils and older Indians. Pamphlets on health subjects to be published and distributed. Cartoons on prevention of diseases, sanitation, and hygiene to be prepared and published in school journals. , Illustrated cards containing pictures and mottoes to be distributed to ex- students by nonreservation schools and inclosed in official correspondence to old Indians. Stereoptlcon slides and moving pictures ilLustrating oral hygiene, care of infants, water supplies, method of spread of communicable diseases, sanitary production of milk, mosqultos and flies, sewage and garbage disposal, house- keeping methods, model homes. (Above sets to include proper and appropriate attractive mottoes of explanation.) (2) Among employees. — Reference libraries on practical hygiene, sanitation, prevention of diseases, domestic economy, and home making. Medical journals and textbooks for physicians. Health literature for nurses and field matrons. PKOSPECTIVE HEALTH WORK. (1) Tuberculosis campaign. — Preventive measures. Open-air schools and classes, screen porches on dormitories and hospitals, playground apparatus for schools, special diet tables for delicate children. Treatment : Maintenance of Phoenix Sanatorium School, maintenance of Laguna Sanatorium, maintenance of Fort Lapwai Sanatorium School, main- tenance of Tuberculosis Sanatorium School at Toledo, Iowa ; establishment ol hospitals for local treatment of tuberculosis and trachoma cases on reservations, establishment of tents or tent cottages for tuberculosis cases on reservations; provision for subsistence and care of tuberculous Indians treated in tent cottages on reservations ; salaries of field physicians, salaries of field assistants. (2) Trachoma work. — Salaries of field physicians, expenses of field phy- sicians, salaries of field nurses, regular and temporary; expenses of field nurses, purchase of drugs, Instruments, and supplies for field work; special medical textbooks and magazines for ophthalmologists, rent of temporary dispensaries for trachoma work, subsistence and expenses of reservation Indians under treatment for eye diseases. FIELD .SANITARY WORK. (3) Iijijirovoment of Indian homes. — Lending assistance in the establishing in homes of wooden floors, two-sash windows, additional rooms in over-crowded houses, sanitary toilets, door and window screens, open fireplaces for ventila- tion, bedsteads, dining tables, food and dish cabinets, covered garbage pails and refuse crematories, establishliig score-card system for inspection of Indian homes ; furnishing plans for sanitary homes to superintendents for Indians. (2) Improvement of method of disposal of sewage, excreta, and househoU Lvaste. — Building L. K. S. privies, at day schools, field matron's houses, and Indian villages ; sending models of L. R. S. privies to large schools. (3) Improvement of water supplies. — Introducing sanitary bubbling drint ing fountains at all schools (including day schools) ; protecting springs and wells on reservation from surface contamination (by walling in etc.) • prevent- ing contamination of streams. INDIAN APPKOPBIATION BILL. 99 ADMINISTRATIVE. Appoint additional medical inspectors. Increase number of regular and special physicians and nurses. Increase clerical force in health section (Indian office). Obtain adequate salaries for physicians. Obtain proper conveyances for physicians. PROVISO CLAUSE. " Provided : That hereafter the Commissioner of Indian Affairs may in his discretion and under such regulations and conditions as he may prescribe, en- force on afflicted Indians treatment for trachoma, tuberculosis, and other con- tagious or infectious diseases, and to isolate and quarantine Indians affected with such diseases when it may, in the discretion of the Commissioner of Indian Affairs, be to their best interest or to the best interest of others to do so." The Indian wards of the Government, living either on allotments held in trust, or on Indian reservations, are not subject to the sanitary laws of the States in which they reside. Full authority should be vested in the Commissioner of Indian Affairs to talie such action and make such regulations for the control of communicable diseases occurring among Indians on Indian land as he may prescribe. Up to the present time there have been no Congressional enactments specifi- cally authorizing the commissioner to take coercive measures to enforce quar- antine of Indians who refuse to take the necessary precautions to prevent the spread of trachoma and tuberculosis and other comiuunicable diseases. On account of the excessive prevalence of these diseases among Indians, and the danger of their spread not only among the Indians themselves but to the white citizens in the community, it is the duty of the Government to take active steps to effectively check and control them. Many Indians either refuse treatment for trachoma or fail to take precau- tions to prevent its spread after repeated advice from the physician or field matron. Advanced and open cases of tuberculosis likewise persist in habits and practices which result In the communication of their disease to others. Actively contagious cases of this sort, which are foci of infection and a menace to the health of the community, must be controlled if any rapid progress is to be made in checking these diseases. Enactment of the proviso clause would also give undisputed authority for what is already being done in the way of quarantine and treatment of com- municable diseases among pupils in Indian schools. It Is not contemplated that any harsh coercive measures, unwarranted by the conditions calling for action, will be taken in putting into effect the provisions of the authority granted in this clause. The Chairman. Dr. Murphy, will you please make a statement relative to this appropriation and the condition of the Indians, so far as their health and sanitary condition is concerned ? STATEMENT OF DR. J. A. MURPHY, MEDICAL SUPERVISOR, INDIAN BUREAU. Dr. MuEPHr. I wish to say that the health service of the Indian Department I consider one of the most important branches of the work. Unless the Indians are given a clear bill of health they will not be able to enter into the industrial activities that have been planned by the office. We find, as Commissioner Sells has said, that 12 per cent of the Indians in the United States are suffering from active tubercu- s losis, and that 20 per cent have trachoma. This means that not only a large number of our adult Indians are semiinvalids, but also that ':many of the children, especially those of the full-blood Indians, are 'doomed to some damage to vision, which will impair their industrial 100 INDIAN APPEOPEIATION BILL. activities. The Indian Office has for the past four or five years been paying especial attention to the health of the Indians, and has asked from Congress increasing amounts for the protection of the Indian's health. As a result, a campaign for the prevention and treatment of trachoma is in progress, wliich has resulted in the operation upon and treatment of all children in the boarding schools of the service suffering from trachoma, and we have also, as the Commissioner has stated, established four sanitaria for the treatment of Indian pupils who are suffering from tuberculosis. There are at least 1,800 Indians who die of tuberculosis every year, and yet we practically have no facilities for the care of advilt Indians suffering from tuberculosis. The total capacity of the hospitals for pupils suffering from tuber- culosis is 260 beds, and in asking for an appropriation of $200,000, the same amount asked for last year, we are only asking to continue the work which has been started and which is in progress. The justification goes into detail as to the manner in which this money is to be expended, not only in the support of the institutions which are already established, but also in an educational campaign for the instruction of the Indians along these lines. This contem- plates the distribution of health literature, the sending out of stereop- ticon lectures, the education of both the Indians and the Government employees, the employment of specialists in trachoma and tuberculosis, and also the improvement of such Indian homes as are found in the ■worst possible sanitary condition. In addition to the $200,000 asked for we are asking for the amount necessary to construct hospitals on the Pima, the Blackfeet, and the Pine Ridge Reservations, and on one of the Chippewa reservations in Minnesota. In addition to this, the present item contemplates the authorization of $50,000 of the tribal funds of the Choctaws for the establishment of a hospital in their district. The plan of the Indian Office has been to establish a few hospitals each year, provided Congress will sanction their build- ing, and a greatly increased amount of work will be done along those lines. I will be very glad to answer any questions that the com- mittee may desire to ask. The Chairman. With reference to the Choctaw appropriation, you remember at the last session of Congress we set apart four sections of land for hospital purjjoses. Do you think it would be advisable if we ghould have a hospital for the Choctaw Indians put upon this land? Mr. Meeitt. That is contemplated in the bill, in another item, That will come later on in the bill. It has been provided for. Mr. Carter. That is what the money you were speaking about is to be used for in that proposition ? Dr. Murphy. Yes, sir. Mr. Carter. What would be the amount you asked for besides this $200,000? You say you have asked for several specific appropria- tions. What does it all amount to? Dr. Murphy. For the four hospitals asked for, we have asked $100,000, or $26,000 each. Mr._ Carter. That is in addition to the $200,000 carried in this item, is it not? Dr. Muephy. Yes ; that is in addition to this item. Mr. Carter. That makes $300,000 altogether, then « Dr. MuEPHY. Yes ; $300,000 in all. INDIAN APPEOPBIATION BILL. 101 Mr. Carter. What part, if any, of that $300,000 is reimbursable? Dr. MuEPHT. $25,000 would come from Chippewa tribal funds. ' ^^- J^ARTER. So it amounts to an appropriation for the health of the Indians of $300,000? Dr. Murphy. I wish to say also that I did not mention that we are asking for additional buildings at Fort Lapwai, to the amount of $55,000, which would make a $355,000 appropriation for the health work in the Indian Service. Mr. Carter. This includes all hospitals asked for in all the reser- vations ? Dr. Murphy. That is all we are asking for this year. Mr. Carter. That makes $155,000 additional money to be expended for hospitals? Dr. Murphy. $155,000 additional ; yes. Mr. Carter. And that would be mainly oh account of trachoma and tuberculosis? Dr. Murphy. Yes; in order that we may have some place to treat Indians suffering from tuberculosis and trachoma. Mr. Carter. How long have you been in the Indian Service, doctor ? Dr. Murphy. Five years, approximately. Mr. Carter. Have you been over the different reservations pretty generally ? Dr. Murphy. I have been on nearly all of the reservations in the United States. Mr. Carter. Have you been on the Colville Reservation? Dr. Murphy. Yes, sir. Mr. Carter. Do you know where Fort Colville is at the mouth of the Spokane Eiver ? Dr. Murphy. I have been there. Mr. Carter. Would it not be advantageous to the, Indian Service to have that building used as a hospital. Fort Spokane? Dr. Murphy. We did start to establish a sanitarium at Fort Spokane, but on account of the fact that the buildings were in such poor repair, and on account of the difficulty of getting pupils from the railroad to the hospital, we decided to abandon that project, and have instead established a sanitarium school at Fort Lapwai. The buildings there were in very much better condition. Mr. Carter. Is that also on the Colville Indian Reservation? Dr. Murphy. No ; that is in Idaho. Mr. Carter. Then you have to move them several hundred miles, do you not? Dr. Murphy. The sanitarium which we started at Colville was simply in an experimental stage. We never had more than 25 to 30 patients there at any time. Mr. Carter. Fort Spokane is on the reservation itself, is it not ? Dr. Murphy. Yes, sir. Mr. Carter. It is a very beautiful location, is it not, and a very healthful location? Dr. Murphy. Yes, sir. Mr. Carter. Haven't they an abundant supply of water there from springs ? Dr. Murphy. They have excellent water ; yes. 102 INDIAN APPKOPKIATION BILL. Mr. Carter. Then, is there any reason why that should not be used and afflicted Indians in that district treated there? Dr. MuRPHT. Yes; we could use that for a local hospital for the tribe there. It was abandoned as a general sanitarium some time ago on account of the difficulties which I have mentioned. Mr. Carter. Do you not think that would be much better than put- ting it on the market and selling it at the present time ? Dr. IMuEPHT. I think so. Mr. Carter. You have a hospital at Phoenix, Ariz., have you not? Dr. MuRPHT. Yes, sir ; in connection with the school. IMr. Carter. Do you not treat there Indians who are not students? Di-. ]\IrEPHY. Practically none. The patients there are prac- tically all pupils. There may have been an occasional adult admit- ted but I do not know of a case. Mr. Carter. What is the capacity of that hospital ? Dr. MrRPHY. The capacity is about 70 or 80. We have gradually increased the capacity within the last year. Mr. Carter. You have a physician there in charge, have you not? Dr. MuEPHT. Dr. Jacob Breid, assistant superintendent of the school, is in charge at this time. Mr. Carter. And he has general charge as a physician, over the hospital, as well as the children in the school ? Dr. MuEPHY. Yes, sir. Mr. Carter. Is he a contract physician, or does he give all of his time to the Avoi'k ? Dr. INlrEPHY. Pie devotes all of his time to the work, and I consider that he is one of the best physicians in our service. He not only has had experience as agency superintendent, but he also served a year and a half as chief of the health section in the Indian Office. Mr. Caeter. Have jou a hospital similar to that at the Salem School? Dr. ^NIuRPHY. At the Salem School there were constructed a few shacks for the treatment of tuberculous pupils, but these did not prove as successful as we had desired on account of the rainv weather, re- sulting in the impossibility of keeping the children there during a greater part of the school term. ]Mr. Caeter. Have those shacks proved a better means of treat- ment at Phoenix than they have at Salem? Dr. Murphy. They are much better. I wish to say in regard to the policy of the Indian Bureau as to the use of shacks for the treat- ment of tuberculosis, especially among pupils, that it is impossible to control the girls where they are put out in separate buildings, and we have abandoned the idea of having shacks for girls. We put them in a building that is inclosed at least by screens, so that they will be protected from any immoral attack which may be made upon them. Mr. Carter. You think also there is a great difference in climatic conditions of Oregon and Washington and the Northern States com- pared with that in Arizona ? Dr. ]\IuRPHY. Yes; there is a great difference. Mr. Carter. I would like to have vour opinion as to the percent- age of Indians who have tuberculosis and trachoma in the southern part of the United States and in the northern part of the United States. INDIAN APPKOPRIATION BILL. 103 Dr. MuEPHY. I might refer you to the report, which gives those percentages. Mr. Carter. Can you state, in a general way, whether or not it is more prevalent in the Northern States than in the Southern States? Dr. Mtjrphy. It depends somewhat on the tribe affected. For instance, among the Pimas there is a large percentage of tuberculosis. Among the Pueblos there is a very small percentage of tuberculosis, so that any general statement in regard to the comparative prevalence of tuberculosis between the North and South would be misleading. I find that tuberculosis is prevalent both in the North and South, with occasional tribes that seem to be more or less an exception to the rule, and have a smaller percentage. Mr. Carter. What is your opinion then, Doctor, with reference to one general hospital there in New Mexico or Arizona for the treatment of tuberculosis and trachoma for the whole United States ? Would it be advisable, do you think, to have one general hospital and take the adult Indian to that hospital ? Dr. MtJRPiiY. The Indian Office has asked for a general hospital, with the idea of establishing it on the Mescalero Reservation, in New Mexico, for the treatment of tuberculous cases, which might be taken from reservations all over the United States, more with the idea of taking problem cases for which there were no other accom- modations than for any other reason. You see, with 1,800 Indians dying of tuberculosis every year, and no place to treat adult tubercu- lous Indians, we felt that it would be very desirable if we had one place where we could send Indians from any part of the United States, North or South, even though the policy is to establish hos- pitals near their homes. We felt that the climate of New Mexico was as favorable a climate and the location was as favorable as it was possible to find anywhere in the United States. Mr: Carter. Do you think that would be more favorable than Fort Colville on the Columbia River, at the mouth of the Spokane River? Dr. Murphy. I think it would be more favorable, as the climate in the South is drier, as a rule. Mr. Carter. You think the climatic conditions would be better for tuberculosis in the South ? Dr. Murphy. I think it would be better ; yes. Mr. Carter. How about trachoma ? Dr. Murphy. For the treatment of trachoma it doesn't make any difference. Mr. Carter. Trachoma could be treated on the reservation, then, as well as anywhere else ? Dr. Murphy. I think trachoma is best treated on the reservation. Mr. Carter. What will be the effect. Doctor, speaking as an expert, ■ upon the health of the patient in forcing him to leave one State and forcing him to go to a distant State ? What would be the effect upon the health of that Indian under such conditions ? Dr. MuEPHY. Speaking of Indians, you mean ? Mr. Carter. Yes. Dr. Murphy. I think it is not considered advisable, from our ex- perience in the Indian service with pupils, to move Indian pupils to climatic conditions and altitudes greatly different from those m which they ordinarily live. We found in a number of cases, where 104 INDIAN APPEOPKIATION BILL. Indians had been sent, for instance, from the dry climate of the Pima Reservation, in Arizona, to the damper climate of Riverside School, in California, that they did not do as well as they did nearer home, at the Phoenix School. While the ordinary white person may be very little affected, the Indian seems to be more sensitive to climatic influences and suffers also from homesickness. Mr. Carter. Do you think it either right or advisable to force an Indian from the State of Washington to go to New Mexico and put him in a hospital by the use of force if he is afflicted with either trachoma or tuberculosis? Dr. Murphy. I believe that if that Indian were an advanced, hope- less case, and was unwilling to obey the advice and suggestion of the physician, it might be a protection to his family and friends to do so. Mr. Carter. Could they not be segregated in Washington as well as they could be in New Mexico ? Dr. Murphy. Yes. Mr. Carter. It will be a useless expense to carry them several thousand miles if we could segregate them, would it not? Dr. Murphy. I do not know whether I could say whether it would be or not, because of the fact that the maintenance of a sanitarium on each of the reservations would be quite an expense in itself, and possibly the railroad fare would not be a very great consideration in the matter. You understand that the maintenance of a sanitarium, with employees who are trained to do the work, is an expensive proposition. Mr. Carter. Isn't the fact that a man who is sick is forced to do something against his will — doesn't that have a detrimental effect upon him? Dr. Murphy. Yes; that is quite true; but the Indian Office does not contemplate the use of force, except in rare cases. The mf[]ority of the patients would be voluntary patients. Mr. Carter. Doctor, can you give the committee any information as to the success you have had in treating tuberculosis among Indians? Dr. Murphy. I am sorry that I can not refer to the reports of the sanitaria; they have only been in operation a couple of years, so it is difficult to say as to the final outcome of the treatment of the cases. I will say, however, that their reports have been more favorable than those received from the majority of tuberculosis sanitaria for whites, because we take only incipient cases, if possible, among pupils. Mr. Carter. Now, what do you do with the advanced cases? Dr. Murphy. We practically have no place where we can put them. Mr. Carter. You just send them back to their families in their cabins ? Dr. Murphy. To a large extent. You see, we have a capacity of only 260 beds in our sanitaria, and there are a great many more than can be cared for. Mr. Carter. Are there any efforts you can make to prevent them from communicating the disease to the other members of the family? Dr. Murphy. The only efforts we can make is to 'have them visited in their homes by field matrons and physicians. We would like to have capacity for a great many more cases than we have. INDIAN APPEOPEIATION BILL. 105 Mr. Carter. Suppose we should give you the four hospitals esti- mated for; would that, then, give you sufficient capacity to take care of all cases of tuberculosis in the United States among Indians? Dr. MtTEPHY. No ; that would be only a drop in the bucket. Mr. Carter. Wliat have you to recommend about the others ? Dr. Mtirphx. It would be the establishment of hospitals at all reservations in order to anything like adequately meet the situation. As I said in my opening statement, it has been the policy of the office to ask for a few hospitals each year, in order that we might gradually establish hospitals where we can care for patients. We do not want to make a drain on the Treasury all at once. Mr. Carter. The matter suggested by Mr. Burke a few days ago with reference to field matrons I presume you heard? Dr. Murphy. Yes, sir. Mr. Carter. Well, do you think that the appointment of additional field matrons who might be nurses would be of any material assistance to you in caring for these cases which are returned to the homes ? Dr. MuRPHT. I think it would do a great deal of good, but I feel that to a certain extent the work of the field matron is largely edu- cative. We have the future Indian population concentrated in schools, and if we can educate our Indian pupils along the line of sanitation and prevention of disease, we reach a larger number than the field matron could possibly get to. Mr. Carter. But do you not think it is necessary also for the field matrons or someone to to impress upon the fellow in the home, upon the mother or father, or the Indians who have perhaps left school, the importance of cleanliness and sanitation and ventilation in their homes; and do you not think we would come nearer to getting the real root of the trouble by that process — or as near — as we would with hospitals on every reservation? Dr. Murphy. I think that is very important. Mr. Carter. At least it is a necessary adjunct to the other before we could eliminate tuberculosis. Dr. Murphy. Yes ; I was not trying to minimize the importance of this phase of the work, but I wish to emphasize the larger number we reach by an educational campaign in the schools. Mr. Carter. Do you not think it would be better to have those field matrons have some knowledge of nursing? Dr. Murphy. I think it is most desirable. We have supplied all of our field matrons with books on nursing and on the care and feeding of children, and have required them to familiarize themselves with these subjects and with health work. Mr. Carter. You have effected some cures of tuberculosis, have you not? Dr. Murphy. In our sanitaria, yes. Mr. Carter. Do you know how many ? Dr. MuEPi-iY. I could not say, but I know that quite a proportion of the children who ha\e been treated in our sanitaria have been reported as cured. Mr. Carter. Can you give me from your records there the percent- age of tuberculosis on the Colville Reservation ? Dr. Murphy. It is estimated that about one-third of the total popu- : lation have tuberculosis in some form. 106 INDIAN APPEOPEIATION BILL. Mr. Carter. You have an appropriation here for four hospitals, I believe? Dr. Murphy. Yes, sir. Mr. Carter. Is the Choctaw sanitarium included? Dr. Murphy. No, sir. Mr. Carter. That is exclusive of the hospitals ? Dr. Murphy. Yes, sir. Mr. Carter. All these other sanitariums I believe you said are appropriated for from funds in the Federal Treasury belonging to the Indians? Dr. Murphy. Yes, sir — well, I will have to take exception to that statement. The appropriation asked for for the Chippewas in Minne- sota, a hospital to be located on some one of the reservations in Min- nesota, is to be from tribal funds. Mr. Carter. But the sanitarium for the Choctaw Nation is to be from tribal funds also? Dr. Murphy. Yes. I would like to have the privilege of correcting a statement in the notes there. Mr. Cart-er. You will have that opportunity. We would like to have your opinion as to what bureau the health service of the Indians should come under — whether it should come under the Indian Bureau or whether it should come under the Public Health Service. Dr. Murphy. That matter has been considered. I have talked the matter over myself with Surg. Gen. Blue and with Asst. Surg. Gens. Kerr and Kucker, but we have never reached a satisfactory conclu- sion. I think myself that it m' ould be feasible to have all of the medi- cal activities, not only in the Indian Bureau but all the Federal Government, under the supervision of the Public Health Service. It would enable the Government to have experts directly in charge of all the health work under the Government instead of having it sepa- rated under ditferent heads, and at the same time I realize that the administration of health matters, dealing as it does with the estab- lishment of hospitals and the expenditure of money on Indian reser- vations, is so intimately connected with the administration of the Indian Department that it would require considerable careful work- ing out in order to effect a workable and satisfactory separation. Mr. Carter. Plave you formed any conclusive opinion as to which would be better? Dr. Murphy. I believe, personally, that it might be better to have it put under the Public Health Service. Mr. Carter. You think that would be better for the Indians? Do you think that the Indian might get better service in that way? Dr. Murphy. I might state that the medical branch of the Indian Service, as Commissioner Sells stated, is composed of 200 physicians, more or less, who are underpaid and who have but little esprit de corps and who are gi^en very little encouragement to assist them in the way of research and keeping up with their work. They are placed on isolated reservations under superintendents who are not necessa- rily in sympathy with health matters and who are not necessarily informed along health lines and whose interests are divided among'a hundred and one things, including industrial activities, schools, indi- vidual Indian allotments, leasing, etc., so that the medical branch has only one small part of their attention. If a more thorough INDIAN APPEOPEIATION BILL. 107 organization of the health work could be effected under experts who are competent to employ a great deal of their time in the working out and execution of programs contemplating the prevention of disease, in mj' judgment, it wovild be better to have it under such a bureau. But, as I say, the administrative part of Avorking it out along bene- ficial lines would have to be carefully approached, and I am not pre- pared to make a recommendation as to how that could 'be eventually separated. Mr. BrRKE. I can not ask, Dr. Murphy, what I would like to ask between now and half past 12. I would like to ask you a few ques- tions now, however, and if you are not prepared to answer them now I would like for you to be prepared to answer to-morrow. It is as to whether or not you have considered whether it would be advisable to take care of these Indians who are afflicted with tuberculosis in any of the marine hospitals or other hospitals which the Government maintains in connection with any branch of the Government, includ- ing the military. Dr. MuEPHY. I would say that I have taken up that matter with Dr. Smith, the superintendent of the Fort Stanton Sanatorium in New Mexico, and it was the opinion of Dr. Smith that arrangements could be made to increase the size of the plant at Fort Stanton so as to accommodate such Indians as we might wish to send there, but at the present time the capacity of the plant is entirely taken up. so that it would require buildings as expensive as we might wish to build ourselves. Mr. Burke. Well, they have the organization at these hospitals, and the force, so that it would seem to me feasible to increase, at comparatively small expense, the capacity and add to the force what would be necessary to take care of the additional patients that they would have, and that it might be advisable to take care of them in that way. Dr. MuEPHY. That could be done. But as I say, I do not believe that at the present time they have the capacity for any more than thev are now accommodating. Mr. BuEKE. I assume, which you intimate, that the health service would perhaps be better under the Health Department of the Gov- ernment, that you are looking forward to establishing such an or- ganization as will cope with this condition that prevails among the Indians, so that it will be quite a different proposition from what it has been heretofore. Dr. Mtjrphy. We hope to. Mr. BuEKE. I want to ask Dr. Murphy a number of other ques- tons, but if you expect to stop at 12.30 I will stop now. Mr. Caetee. I just wanted to ask you this, Doctor : Do you think there would be any possibility of conflict between the superintendent .tnd the doctor, if one was under one bureau and the other was under another bureau ? Dr. Mttephy. I can only say this, Mr. Carter, that the Pubhc Health Bureau is accustomed to cooperating with State boards of health and with others, and that the present arrangement m regard to the Alaska Indians who are under the Bureau of Education is that the Public Health surgeons are detailed to Alaska to do the work for the Bureau of Education. That has been the condition there for 108 INDIAN APPEOPEIATION BILL. Mr. Carter. The two bureaus are working in harmony there, are- they? Dr. Murphy. Yes, sir. -The Chairman. Along the line of what you have stated, I beheve that you said the matrons should also be nurses ? Dr. MuRPHT. That would be desirable; yes. The Chairman. Now, would it not be necessary that if they are to become nurses they should stand some examination to determine whether they are competent as nurses? Dr. Murphy. Yes, sir. The Chairman. Then you would recommend a civil-service exami- nation before they could be appointed as matrons or nurses ? Dr. Murphy. Yes, sir. The Chairman. We will adjourn now until 10 o'clock to-morrow morning. House of Representatives, Subcommittee of the Comjiittee on Indian Affairs, Saturday, Decemher 13, 1913. STATEMENTS OF MR. E. B. MERITT, ASSISTANT COMMISSIONER, AND DR. JOSEPH A. MURPHY, OF THE HEALTH DEPARTMENT, BUREAU OF INDIAN AFFAIRS. Mr. BuEKE. Dr. Murphy, the item that we are now considering, which proposes to appropriate $200,000 to relieve distress among Indians and to provide for their care, and for the prevention and treatment of tubercluosis and other diseases, in the form in which it is submitted, I presume could be used — all of it — in the erection and equipment of one general hospital if the department should elect to so expend it. Dr. MuEPHY. It could be used in that way were it not for the fact f.hat there are certain hospitals and certain field projects which are alread)' in operation which this appropriation is intended to support. Mr. Burke. But, nevertlieless, it might be so used, and I will ask Mr. Meritt to state as to whether or not it could be used for the erection of one general hospital, or if he could not use a consider- able portion of it for that purpose — that is, in the form in which it is stated here? Mr. Merito. 'We could use a part of this appropriation for the erection of a hospital. Mr. Burke. In addition to this item, there are in the bill other esti- mates submitted for the erection and equipment of some specific hospitals, are there not? Mr. Meritt. Yes, sir. Mr. Burke. How many, and, briefly stated, where are they to be located, and what amount is proposed to be appropriated in each instance ? Dr. MuEPHY. We are also asking $25,000 for a hospital to be erected on the Pima Reservation; an item of $25,000 for a hospital to be erected on the Blackfeet Reservation, Mont. ; $25,000 for a hos- pital to be erected on the Pine Ridge Reservation, and we are also asking for the approval of an item of $25,000 for the construction of a hospital to be paid for from tribal funds on one of the Chip- INDIAN APPEOPEIATION BILL. 109 l)ewa reservations in Minnesota. Also, we are asking for $55,000 for the construction of additional buildings at the Fort Lapwai Sanitarium. I do know whether we ought to include in this the $40,000 for the maintenance of the Canton Insane Asylum. Mr. Burke. I do not think that is necessary. What about any provision for establishing a hospital in the Choctaw or Chickasaw Nation ? Dr. Murphy. In addition to these, we are asking for the approval of an item of $50,000, to be paid from tribal funds, for the erection of a sanitarium for the Choctaw Nation. Mr, Burke. That makes $205,000 estimated for the purpose of erecting and equipping hospitals, in addition to the $200,000 we have in the item that is now being discussed ? Dr. Murphy. Yes, sir. Mr. Burke. Can you inform us whether or not it is contemplated to erect any hospitals or to expend any money in the treatment of these diseases, out of tribal funds that may be available for that purpose, and I have particularly in mind the Sioux Tribes in South Dakota? Dr. Murphy. Yes, sir ; the office -contemplates erecting hospitals on the Cheyenne Kiver and Rosebud Reservations and also on the Standing Rock Reservation in North Dakota. Mr. Burke. Do you know how much the plan contemplates will be expended upon these several reservations ? Dr. Murphy. Approximately $25,000. Mr. Burke. At each ? Dr. MuBPHY. At each place. Mr. BuEKE. Then, I presume there will be an expense annually thereafter, in maintaining and keeping these hospitals in operation ? Dr. MuEPHY. Yes, sir. Mr. Burke. Is there anything in this bill proposing appropria- tions for similar hospitals at any of the Indian schools that are speci^cally appropriated f or^n the Indian appropriation bill ? Dr. Murphy. No, sir ; we have not included those items. Mr. BuKKE. To what extent have you been in the field for the last year or two ? Dr. Murphy. I have spent the greater part of my time in the field. Mr. Burke. Have you visited a great many of the reservation Indian schools throughout the United States ? Dr. Murphy. Yes, sir. Mr. Burke. Would it not be possible and desirable at many of the Indian schools to maintain a hospital, particularly for the treatment of children affected with trachoma ? Dr. MuTiPHY. Yes, sir; there should be provision made for the treatment of children suffering from trachoma at every school. Mr. Burke. How long is it necessary to keep a chijd affected with trachoma segregated in order to prevent the spread of infection ? Dr. Murphy. That question is very difficult to answer because of the fact that the specific organism of trachoma has never been posi- tively identified, and, therefore, the method of the spread of the dis- ease is still somewhat uncertain. At just what period a child affected with trachoma becomes a non-contagious case is difficult to determine. Mr. Burke. Can you estimate about the time? 110 INDIAN APPROPRIATION BILL. Dr. MuKPHY. I would say that the main time when trachoma seems to be most contagious is during the period when there is active inflam- mation of the eye and secretion of purulent matter. This puru- lent matter can then be readily spread to the child's hands and to other objects with which the secretion comes in contact, and in that way it can be spread to other children. '3-Ti-. BuEKE. What is that period ordinarily ? Dr. MuBPHY. I would say that that period is comparatively brief if the child is put under treatment. Ordinarily the child going into school and placed under treatment receives distinct relief within a few weeks, and following that period I would say that the school can be so managed that the child would be a minimum source of danger, so far as the spread of the disease is concerned. Mr. BuEKE. The care required would not necessitate a very large force, would it, in such hospitals ? Dr. Mtjephy. No, sir. It would contemplate the services of a nurse who would practically give almost daily treatment to all cases of trachoma in the school. Mr. Burke. Do you not think there are some schools already equipped with buildings that tvith small expense could be turned into hospitals that would answer the purpose of the particular insti- tutions for hospitals? Dr. Murphy. I would say that most of our boarding schools have places where such dispensary treatment could be maintained. You understand that these children are not confined to bed, and the treat- ment is given usually only once or twice a day, and that it usually consists of local applications. Thr most serious time would be when the child was operated on, requiring a regular operating table, or a table suitable for that purpose. Mr. Burke. Are there any general regulations now in force that the superintendents of schools are required to follow with reference to children who apply for admission to the schools and who may be afflicted with tuberculosis or trachoma?* Dr. MuEPHY. Yes, sir. The rule is that when a child is suffering from active pulmonary tuberculosis it shall not be permitted to remain in the school. Those suffering from tuberculosis of glands or bones are not permitted to remain in the school if the lesions become sup- purating. In regard to trachoma, there is no regulation which con- templates the denying of educational privileges to children attend- ing any of our schools. The rules provide that a child shall, while in the acute stage of trachoma, be placed in quarantine under treat- ment until the physician shall decide that the child is not a menace to his companions. Mr. BuEKE. What about the instructions that may be issued to agency physicians with reference to the examination of children who may desire to go to school away from the reservation? Art they permitted to leave if they have either of these diseases? Dr. MuEPHY. Not if they have tuberculosis. Mr. BuEKE. But trachoma does not necessarily operate to prevent them from going to any such schools ? '* Dr. Murphy. No, sir; unless they are in the acute stage. Mr. Burke. The high schools that do deny them admission, do so because they are not equipped with any place where they can quarantine them and segregate them — is not that true ? INDIAN APPBOPEIATION BILL. Ill Dr. Murphy. That would be an exception rather than the rule. I think it is only on rare occasions Avhen that has been done, and when it has been called to the attention of the Office that children are denied educational privileges for that reason, instructions have been issued by the Office that the children be authorized to return to the school where they desire to enter. Mr. Burke, to what extent does the Medical Bureau of the Indian Office look after the health, sanitary conditions, etc., at some of these mission schools on reservations ? Dr. Murphy. The agency physicians are held responsible for the treatment of children attending the mission schools that are under their jurisdiction. Mr. BuRitE. Having visited, as you have, many of these Indian reservations, what do you find to be the difficulty in regard to regu- lating health and sanitary conditions, in general? I am asking for your opinion generally. Dr. MuRPHT. Do you mean in the schools? Mr. BuEKE. On the reservations generally. Dr. Murphy. In the first place, it is very difficult to get Indians, who are not posted on the causes of diseases and the method of their prevention and treatment, to observe the ordinary sanitary rules. They live in homes that are, as a rule, in very poor sanitary con- ditions, not only as regards ventilation, but also in regard to light, cleanliness, etc., and there is an absence of any attempt to quarantine cases of communicable disease which exist in the homes. Cases of tuberculosis are present in a large number of Indian homes, and as the family not only comes into intimate contact with these cases, but also with all their personal effects, including dishes, towels, and other articles, there is constant exposure to infection. Not only that, but the spread of tuberculosis among Indians is augmented by the fact that active cases of tuberculosis visit in homes where tuberculosis is not present, and spread the disease in that way. That common practice of visiting, especially during the time when cases are in the advanced stage and about to die, results in a crowded condition of a large number of homes where the most virulent cases of tuberculosis exist. In addition to this, I would say that eiforts to get Indians to observe the proper precautions are of little avail, largely on account of the fact that Indians do not appreciate the necessity of taking these precautions. They love their people and wish to associate with them as closely as possible. I would say, also, that trachoma, when found on a reservation usually exists in families, the whole family frequently being affected wherever one case is found. When one case of trachoma occurs in a family, the disease almost invariably spreads to the other members of the family. In other words, we have difficulty in maintaining the effort to pre- vent the spread of the disease on the reservations. Another dif- ficulty is the widely scattered condition of the Indians and the difficulty in reaching them. We have only a comparatively few physicians for the number of Indians to be attended, and these phy- sicians have quite a good deal of work to do, and very little assist- ance, so that the number of times that certain needy families might be visited where considerable work could be done are infrequent. Mr. Burke. Now, in just a brief statement, what do you think ought to be done to correct those conditions? 112 INDIAN APPEOPEIATION BILL. Dr. MuKPHY. I think that the most potent factor that we have in combating disease is the education of the Indian. I believe that that campaign should start in the schools. Mr. Burke. "When you say " education " you mean education — - Dr. Murphy (interposing). Education along school lines. Until the Indians are taught the significance of these diseases they will not follow closely the advice given them by the physicians and field matrons nor carry out the recommendations that may be made. Mr. Burke. To what extent are they giving such instructions in the Indian schools at the present time ? Dr. MuEPHY'. We have a pamphlet on the Cause, Prevention, and Treatment of Tuberculosis, which is being used in all of the Indian schools yearly in teaching all the facts we would like to have the Indian children learn in r-egard to tuberculosis, and we have in the past had compositions, or prize essays, in which the children were competing for a prize to write the best essay, on the " Cause, Preven- tion, and Treatment of Tuberculosis." "We feel that that one effort to educate Indians in the Government schools has done a vast amount of good in extending to the homes to which the children go knowl- edge concerning the prevention of this disease. In addition to this, we have been collecting for the past three or four years photographs and making from them stereopticon slides showing the method of the spread of tuberculosis in the Indian homes. We have also made a few moving pictures. We have one man whose entire time is devoted to the demonstra- tion of these photographs and moving pictures and who moves from place to place giving lectures to the old Indians on the reservation as well as at the schools. We have also attempted to furnish schools with stereopticon lanterns and with sets of slides and lectures on tuberculosis and the prevention of disease. The physicians in the Indian Service are also directed to give talks about health matters in the schools. I believe that outlines mainly the effort that is being made by the Indian Office. Mr. Burke. You were about to state what you would do to correct the conditions you have described. You have stated that you are doing a good deal along educational lines ; what else would you do to correct those conditions? Dr. Murphy. I think that there should be power given the Com- missioner of Indian Affairs to control more forcibly sanitary condi- tions on the reservations. For instance, if he had the right to com- pel a certain number of windows to be in the Indian homes and pro- hibited the construction of any homes which did not have certain essential sanitary characteristics, I believe we would be in a better condition to improve the housing conditions. That has not been asked for in the present bill, but we have asked for better control of the patients themselves. Mr. Burke. Assuming that you have all that, what would be jpur idea as to the organization that would be required to make it enec- tive? Dr. MuEPHY. We would require a larger force on the reservations to carry that out. Mr. BuEKE. What would that force be — that is, would it be com- posed of men or women, or both? Dr. MuRPHY'. I believe that additional physicians would be re- quired, and additional nurses who could do social service. INDIAX APPBOPBIATIOK BILL. 113 Mr. BuEKE. What would you s;iy as to the value of Avomen em- ployees as field matrons, to visit the homes with a view to advising the Indians as to better sanitary conditions, and, also, reporting information of the extreme cases where it would be desirable to have some heroic treatcent? Dr. MuEPiiT. I think that class of work would be very good, Mr. Burke. The main comment that I would make on it is that in a number of cases the work of the field matrons has been reported as disappointing. A good many women have apparently taken the positions with the idea of getting a sinecure, and since they have not been provided with adequate transportation facilities, and as they are usually women more or less advanced in age, we have not obtained all the hoped for results that theoretically we should. Mr. BuRKB. You find, I presume, that there is a riiarked difference between the results that are obtained at one place, as compared with another, due to the difference in the superintendents, or persons who are charged with the responsibility for the work ? Dr. MuEPHY. I think it is largely due to the personnel. "We find that some matrons do very excellent work. Mr. Burke. I think that is true to some extent of superintendents. Wliat I mean is, are there not superintendents who take an especial interest in these questions, while others are rather indifferent to them and give more time and attention to other matters ? Dr. MuEPHT. That has been one of the handicaps of the medical branch of the service; that is, some superintendents have not been interested in medical matters. Mr. Btjeke. Do you hare trouble in obtaining competent physi- cians by reason of the compensation not being sufficient to attract them? Dr. Murphy. "We have had in the past a great deal of trouble. At one time for nearly six months we had 12 vacancies in the physi- cians' service which we could not fill. That meant, of course, that those agencies went practically without medical attention. I do not wish to say anything in disparagement of the ability of the physi- cians we do get, because I believe that a large number of the physicians whom we are now getting are men who are well trained and a great many of them have had hospital experience, yet, after they get into the service, they are dissatisfied, because they do not receive compensation commensurate with the educaticn and training they have received, and as a result they are looking constantly for places elsewhere. Mr. BuEKE. Agency physicians are now paid mostly out ot the appropriation for the support and civilization at the different agen- cies, are they not ? Dr. Murphy. A large number of them— Mr. BuEKE (interposing). Under the appropriation as made tor the relief of distress and the treatment of diseases, etc., you have the privilege of employing school physicians and paying them such com- pensation as may be necessary. In other words, there is no restriction. Dr Murphy.' We have not been in the habit of using that appro- priation to pay local physicians. We have employed physicians as specialists in trachoma and tuberculosis from that. 24455—14 8 114 INDIAN APPROPRIATION BILL. ■ Mr. Burke. That is what I meant. You have the privilege and authority of employing specialist! and skilled physicians along those lines for the different places where you think it desirable to have such men? Dr. MiJRriiT. Yes. sir. We have now phj^sicians so employed under that appropriation. Mr. Btjrice. I want to ask your opinion as to whether or not you think it desirable to provide hospitals for Indians afflicted with tuberculosis with the hope of recovery in many cases, or whether you would urge it from the standpoint of having some place where you could take such cases and segregate them from the Indians who are not so afflicted? Dr. Murphy. I believe that hospitals should not only be established for both the purposes you have mentioned, but also for the purpose of educating the Indians in the method of treatment and prevention of the spread of tuberculosis. The hospital which we have estab- lished for the Indians at Fort Lapwai, we believe, has had an in- fluence on the Indians themselves in teaching them the method of treatment of tuberculosis and the precautions to be observed. I think that the present relief that sanitariums ma}' provide for tuberculosis cases is that if insipient cases can be sent to these sanitariums for a limited time and there taught to take care of themselves properly, they will not be a menace to their friends and associates in the future that they would have been had they not been trained in this way. Mr. Burke. Quite a considerable number of Indians afflicted with tuberculosis would be regarded as hopeless cases, so far as recovery is concerned, would they not? Dr. MuEPHV. Yes, sir. Mr. Burke. Is At the practice now to take what you consider hope- less cases and place them in hospitals ? Dr. Murphy. We would like to have some place to put them. Mr. Burke. I am asking if you do so now ? Dr. MuRPi-iY. We have no place to put them now. Mr. Burke. Take, for instance, the tuberculosis hospital in this city — I presume you are somewhat familiar with the work of that institution ? Dr. MuEPHY. Yes, sir. Mr. BuRitE. Does that institution take any ca^ of tuberculosis, or only such cases that they believe there is a possibility of helping, if not of fully restoring them to health ? Dr. Murphy. The majority, if not practically all, of the cases taken to the tuberculosis hospital in the District of Columbia are advanced cases, and there are very few incipient cases there. Mr. Burke. Can you give us any information as to what the results are from this institution here? Dr. Murphy. Well, I do not know that I am sufflciently informed to say absolutely what the results are, except that they afford relief to a large number of indigent tuberculosis cases. Mr. Burke. Do you know what percentage of cases are said to be , cured ? Dr. Murphy. I can get that information, but I think very few, if any. Mr. Burke. You say there are a great many who are helped and whose condition is improved by reason of the treatment? INDIAN APPEOPEIATION BILL. 115 Dr. MuEPHY. Yes, sir. I have here reports from our sanitaria showing the improvement resulting from treatment, and if you would like to see some of the results which we are obtaining, I can submit this. Mr. Burke. I think that is contained in the report made by the health department on tuberculosis. Dr. Murphy. These statistics are not in the justification. Mr. BuKKE. But are they in this pamphlet or report ? Dr. MuEPHY. No, sir ; I have the records here. Mr. BuEKE. I do not want to encumber the record, but if you have any statistics from two or three of the places where you have treated the disease, we would be glad to have them. Dr. Murphy. I will simply read two or three lines from the report. This is the report of the Fort Lapwai Sanitarium. For the fiscal year ending June 30, 1912, the total enrollment was 94; the number discharged as cured during that year was 12; the number showing marked improvement amounted to 70 per cent of the remainder. I think that is an excellent showing for this institution. For the quarter ending March 31, 1913, the total enrollment for the fiscal year was 129. The number discharged during the quarter was 12, as "follows : Process arrested in 8 ; improved, 1 ; unimproved, 2 ; and death, 1. The comment made upon this is that, " after careful con- sideration of the patients treated in this institution during the past three years, I believe that about 70 per cent of the incipient cases recover." That is the report from the Fort Lapwai Sanitarium. I will not encumber the record with further statistics, but will say that for the hospital at Phoenix our results have been practically the same. The report from the Laguna Sanitarium for the quarter ending June 30, 1913, shows a total enrollment of 14; the number discharged apparently cured was 4, and the number of cases cured remaining in the sanitarium was 2. Mr. Burke. Where is the Fort Lapwai Sanitarium located? Dr. MuEPHY. In Idaho. Mr. Bueke. And the Phoenix Sanitarium is in Arizona? Dr. Murphy. Yes, sir. Mr. Burke. And you get about as good results at Fort Lapwai as at Phoenix? Dr. Murphy. Yes, sir. Mr. Burke. So that apparently climatic conditions have not had very much to do with it; that is, in favor of one place as against the other? Dr. Murphy. Not particularly. Both are in fairly dry climates. Mr. Burke. Last year an item was incorporated in the appropria- tion bill in the Senate proposing to appropriate $100,000 for the establishment of a hospital or sanitarium on the Mescalero Reserva- tion in New Mexico, $10,000 of the amoimt to be used for the con- struction of a road to the place where the institution was to be located. Did that project have the support of the Indian Office? In other words, was it a matter that was initiated in the department? Dr. Murphy. Yes, sir. Mr. Burke. Was it your opinion that that institution ought to be established? Dr. Murphy. It was my hope that we would have an institution of that sort located in a' favorable climate, where we could send 116 INDIAN APPKOPEIATION BILL. tuberculosis patients that had no other place where they could be accommodated. Mr. BuEKE. Are you still of the same opinion ? Dr. Murphy. I think it would be a very good idea. , Mr. BuEKE. Do you believe that if that institution was erected and equipped you could fill it with patients? Dr. Mtj'ephy. I do not believe there would be any doubt of it. Mr. Burke. It is not very accessible to places where there are any Indians, even locally. While it is on the Mescalero Reservation, there are no Indians on that reservation that could reach that hos- pital in any considerable numbers without coming some distance around. Dr. MuEPHY. Yes, sir; that is perfectly true. They would have to go around by railroad. Mr. Burke. How many patients would you expect to take care of, if you had an institution at that particular point? Dr. Murphy. About 100 patients. Mr. BuEKE. How would you propose to construct it — I mean what would be the building ? Dr. Murphy. We would expect to have one sanitarium building which would have two unheated common wards which would be per- fectly open to the outside air, with heated dressing rooms ; that is, heated during the cold weather. In addition to the sanitarium building, there should be provided such a building as might be required for the administration of the sanitarium. Then we would have a certain number of tent houses for the male patients who are not in an advanced stage of the disease, so that they could live in these houses away from the main building. Mr. Burke. In locating a sanitarium for tuberculosis, do you consider the question of altitude ? Dr. MuEPHY. Yes, sir. Mr. BuEKE. To what extent does that govern in the selection of a site for that purpose ? Dr. Murphy. I think that the altitude most favorable for the treatment of tuberculosis is about 6,000 feet. This site is just a little higher than that. Mr. Burke. What is the altitude ? Dr. Murphy. The main objection I know to the location is that fact. It is between 5,000 and 6,000 feet, although the altitude has not been absolutely determined. I would prefer to have it 5,000 feet. Mr. Burke. What would you say was the ideal altitude,? Dr. Murphy. Approximately 5,000 feet, in a dry climate. Mr. Burke. You have probably visited the Phoenix School in Arizona ? Dr. Murphy. Yes, sir. Mr. Burke. And you are probably familiar with the sanitarium that is maintained there for the treatment of tuberculosis ? Dr. MuEPHY. Yes, sir. Mr. BuEKE. Do you knoAv of any better plan that could be pro- posed for such an institution than the one that you have there? Dr. Murphy. With a few improvements that we are expecting there, I think that is almost an ideal plan. Of course there are cer- INDIAN APPROPRIATION BILL. 117 tain structural conditions about the plant that are not desirable, but on the whole it is a very favorable place for the treatment of tuber- culosis. Mr. Burke. And such sanitariums as that can be constructed and equipped at a comparatively moderate expense, can they not? Dr. Murphy. Yes, sir. Mr. Burke. Do you happen to have any data or do you recall about what that institution cost in its present state — I ani speaking of the sanitarium ? Dr. Murphy. The following is a summary of the cost of the vari- ous buildings at the Phoenix Tuberculosis Sanatorium : Main building $7, 000 Eighteen portable houses 2, 600 Kitchen and dining hall 1, 850 Cottage 325 Cottage 600 Bath house 350 Sewer system 1, 200 Total 13, 875 This statement does not include the cost of equipment, which would amount to about $2,000 additional. Mr. Burke. The force at that institution is small, is it not? Dr. Murphy. Yes, sir. Mr. Btjrke. It consists of one head nurse, and how many other employees, if you can state ? Dr. Murphy. One nurse, two assistant nurses, one cook, and one teacher, besides the physician. There are six employees. Mr. Burke. The teacher is employed simply to give the children the benefit of education while they are at the sanitarium ? Dr. Murphy. Yes, sir. Mr. Burke. Now, how many persons do you care for at that insti- tution ? Dr. Murphy. We have a capacity there of 70, and the sanitarium is usually full. Mr. Burke. The males are mostly segregated and live in the shacks ? Dr. Murphy. Yes, sir. Mr. Burke. You think it is necessary, for the reasons you stated yesterday, that the girls must be kept where they can be looked after, and, therefore, that it is not advisable to have them segregated m the shs^cks ? Dr. Murphy. Yes, sir. I think also that if a sanitarium of that character were located in a colder climate it would be more desirable to have a building for each sex, so that the administration of the sani- tarium would be cheaper, so far as the supply of heat and the care ■ of the patients are concerned. Mr. Burke. The plan contemplated, if the appropriation is pro- vided, is to increase the capacity of that institution, is it not? Dr. Murphy. Yes, sir. We are figuring on increasing its capacity to about 100 at Phoenix. , . Mr. Burke. Would you be in favor of institutions that would pro- vide for a very much larger number than, say, 100 at one place? 118 ' INDIAN APPROPKIATION BILL. Dr. MuKPHY. I believe that 100 would be about the maximum we would care to have at one particular place, because I think, so far as economy is concerned, it would be better to have about that number. If we are to have a larger number, it will be better to have separate places established so as to be nearer the locations where the patients reside. Mr. Burke. $25,000 would construct a sanitarium such as you have at the Phoenix School and equip and operate it for a year and care for 100 patients. That could be done at an expense not very greatly exceeding $25,000, could it not, with the possible exception of the expense of the employees' quarters ? Dr. MuEPHT. Do you mean for the next year ? Mr. BtiEKE. For one year. I mean if you did not have any insti- tution at Phoenix at all, you could put up what you have there and enlarge it sufficiently to take care of 100 patients and equip it and operate it at an expense of about $25,000? Dr. MuEPiir. I believe it would cost more than that. Mr. Btjeke. About how much more ? Dr. Murphy. That would depend somewhat on the sewer and water facilities already established at the place where we expected to locate it, and also to some extent upon the number of buildings which might be necessary for residences, outside of the sanitarium itself. Mr. Burke. I excepted the employees' quarters. Dr. Murphy. I believe it would cost at least double the amount you mention. Mr. Burke. Is not that institution sufficiently segregated for the treatment of tuberculosis, so as not to endanger the health of the people of the community? Why should it be necessary to get any such place as the proposed site on the Mescalero Reservation ? Dr. Murphy. Well, the Phoenix sanitarium is sufficiently seg- regated. Mr. BuEiiE. It is about 1 mile from the school, is it not? Dr. Murphy. Yes, sir. Mr. Burke. And it is within 2 miles of the city of Phoenix? Dr. Murphy. Yes, sir. Mr. Burke. There is no reason why such institutions can not be located throughout the country without any danger to the people who may live in their vicinity, is there? Dr. Murphy. That was not the idea in considering the site on the Mescalero Reservation. Mr. Burke. What was the idea? Dr. Murphy. You understand that in order to support an insti- tution of this sort- economically we calculate on having some place where we can raise cattle and have a milk herd for the use oi the institution, if possible, and the Mescalero Reservation was largely selected because we had land available and water and other means of supporting the institution at the minimum cost. I admit that the location there is one of the drawbacks to the establishment of a suc- cessful sanitarium. Mr. Burke. The cost of transportation of the people to a place like that would be considerable? _ ■ Dr. Murphy. Yes, sir ; but it is only 10 miles from the main line ©f the Rock Island Railroad. IISTDIAN APPKOPEIATION BILL. 119 Mr. Burke. Only 10 miles? Dr. MuEPHr. That was the estimate that was made, that it was from 10 to 12 miles from the railroad. Mr. BuEKE. Would it not be more difficult to obtain physicians, nurses, and other employees to go to a place as isolated as that than it would in the case of a location like Phoenix, for instance? Dr. MuEPHY. It might be, although I do not think there has been any difficulty experienced by the Public Health Service or the Army in maintaining their sanitaria in similar places. Mr. BuEKE. What sanitariums have they in the Marine-Hospital and Public Health Service or in the Army for the treatment of tuberculosis ? Dr. MxjEPHT. The main hospital of the Public Health Service is at Fort Stanton, which, I should say is approximately 40 miles from the Mescalero Reservation. Mr. BuEKE. A\liat is the capacity of that institution? Dr. Murphy. About 250. Mr. Burke. Is it kept pretty full generally of patients from the Army and of other patients? Dr. MuEPiiY. It is my belief that it is full the greater part of the time. Mr. BuEKE. I will again ask you — and I think you mentioned it yesterdaj' — if it would not be feasible to have the capacity of fhat institution so enlarged as to take care of Indian patients, and would not that arrangement be more economical than to have an independ- ent and separate institution established for the treatment of Indian patients ? Dr. MuEPHY. It would be perfectly feasible to do that. It might also be just as economical. Mr. Burke. The expense would consist mostly of enlarging the buildings ? Dr. MuEi-HY. Dr. Smith said he would not only have to construct new buildings for the accommodation of the Indians but also new dining rooms and kitchens, and that the capacity there was fully taken up by the present enrollment. Mr. BuEKE. Do you expend any of the money appropriated for the treatment of diseases in paying for their care in some hospitals other than hospitals that are maintained by the Indian Bureau ? Dr. MuEPHY. Occasionally we do. There are quite a number of cases which arise from time to time who have no other funds for treatment. We have not used the fund, as a rule, in the treatment of tuberculosis cases in other hospitals, because the tuberculosis hospitals usually are very expensive for maintenance, but if we have cases re- quiring operation, especially emergency cases that have no funds available, we have extended the aid of this appropriation for their support in hospitals and for medical and surgical treatment. Mr. BuEKE. I want to ask you now a few questions in relation to this estimate. I have noticed' the analysis of the proposed expendi- ture. The first item is $58,080 for general field work. Dr. Murphy. Yes, sir. Mr. BuRKE. And in this analysis you have an item of seven den- tists, "at $1,500 in salary, amounting to $10,500 ; and further on in the analysis I find one or two other items that include expenses in con- 120 INDIAN APPEOPEIATION BILL. nection with dental services. That is an item I would lilce some information about, because it is the first time my attention has been called to the fact that it was projjosed to employ dentists. What is contemplated by that? Dr. MuEPHY. The employment of dentists has been with the delib- erate intention of the prevention of disease among school children. It is being realized more and more that unless the mouth in kept in proper condition the bacteria of disease will accumulate in the cavi- ties of the teeth and about the teeth and result in the infection of children, not only with tuberculosis, but with other common ailments. We are trying to institute a propaganda for teaching oral hygiene in Indian schools, and the statistics of the schools which hatfe taken up dental work and the teaching of oral hygiene show that not only is the prevalence of disease lessening but that the efficiency of the pupils is increasing. Mr. Burke. Then you consider the care of the teeth as essential to the general health conditions of the Indian pupils ? Dr. MuEPHY. I most certainly do. Mr. Burke. Are there any dentists employed now ? Dr. Murphy. We have seven positions of dentists established at $1,500 each. I might say that the physicians in the service criti- cized quite severely the payment of a salary of $1,500 to the dentists when they received an average salary of only $1,150, but I will say that in spite of the fact that we have established the salary at $1,500 and expenses, we have not been able to fill our quota of seven. Mr. Burke. Where have you dentists noAV employed ? Dr. Murphy. The dentists are traveling under my direction among the various , schools. The field has been divided into districts and they visit in rotation the schools in their districts. Mr. Burke. Do they administer treatment to Indians other than those in the schools ? Dr. Murphy. Not as a rule, and only durijng the time when the schools are not in session. Mr. BuEKE. Only at times when the schools are not in session— that is, during the summer months ? Dr. MuEPHY. Yes, sir. Mr. BuEKE. What territory can a dentists cover and do what is required to keep the teeth of the children in the condition that they ought to be ? Dr. MuEPHY. That work is only, as you might say, in its incipiency and we have not anything like a sufficient number of dentists to cover the field. Mr. BuEKE. What I was getting at was to ascertain if possible how many dentists would be required to do what you consider is' necessary ? Dr. Murphy. I believe we should have at least 12 or 15 dentists in the field. Mr. BuEKE. Do you think that 12 or 15 dentists would be able to do the work? Dr. Murphy. I believe that after they became once established in their routine they might be able to do the greater part of what was necessary. Mr. BuEKE. What is the condition of the teeth of Indian chUdren as compared with those of white children ? INDIAN APPEOPEIATION BILL. 121 Dr. MuRPHv. The popular opinion has been that Indian's teeth are better, but ^ye have found in our limited experience that the average number of cavities found is four per pupil, so that they are about the same as among white children. d.iF/.^An'^?''^^^" ^°" Pi-opose to expend at Fort Lapwai $54,000, ^lb,000 of the amount being for new construction and repairs. What is the capacity of that institution at the present time ? Dr. Murphy. It is 100.. Mr. Burke. How many additional patients will you be able to care for if $16,000 is expended for new construction and repairs ? Dr. Murphy. We have asked for a separate item of $55,000. I think that the additional capacity will be about 40. Mr. Burke. Are you asking a separate item of $55,000 for this institution in addition to the $16,000 contained in the analysis of the proposed expenditures ? Dr. Murphy. I should say that this is the analysis for the present fiscal year. Mr. Burke. This is the distribution that has been made of the ap- propriation that was available upon the passage of the Indian ap- propriation act for the year ending June 30, 1914- Dr. Murphy. Yes, sir. Mr. Burke. Then, you are now asking for an additional ap- propriation of $55,000, to be expended in the next year for new construction ? Dr. Murphy. Yes, sir ; separate from the $200,000 we have asked for the " Relief of distress." Mr. Burke. I rather got the impression from what you stated that perhaps 100 was about as many as ought to be at an institution, and I am making these inquiries with a view of ascertaining if you think it desirable at this particular place to increase the capacity to the extent you have indicated ? Dr. Murphy. I would say that we have for the Northwest simply one sanitarium, the one at Fort Lapwai. That is supposed to draw people from the entire Northwest, and we have a waiting list at that sanitarium constantly. Mr. Burke. Do you find the Indians generally willing to go to sanitariums for treatment when they are affected with tuberculosis? Dr. Murphy. All of the sanitaria which we have established have been filled to their capacity. Mr. Bueke. The next item in your analysis of expenditures is for the Sac and Fox Sanitarium. Wliere is that located ? Dr. Murphy. That is located at Toledo, Iowa. That is a new sani- tarium which we expect to use for pupils coming from the Dakotas, Minnesota, Wisconsin, Nebraska, and Michigan. Mr. Burke. What are the advantages that make that point desir- able for establishing a sanitarium? Dr. Murphy. I would say that it is a little farther south than the majority of the States that I have mentioned, so that the climate is slightly milder than that in the extreme north ; and it is also fairly central for all of those States. Mr. Burke. Is there any very considerable number of Indians in that immediate vicinity? Dr. Murphy. No, sir; but it is intended for all the States I have mentioned. 122 INDIAN APPKOPEIATION BILL, Mr. Btjekb. For the treatment of Indians in Nebraska and South Dakota — and most of the Indians in South Dakota are in the western part of the State — would you consider that this location would be better than some point in western South Dakota ? Dr. Murphy. Western South Dakota would be a very favorable location, but we had this school plant, which had been abandoned at Toledo, available ; and with the expenditure of only a limited amount of money upon it we have made it into a splendid sanitarium. Mr. Burke. That is now equipped ? _ Dr. MuEPiiy. Yes, sir ; it is practically equipped at this time. Mr. Burke. How many patients have you at that place ? Dr. MuRPi-ir. That sanitarium has been finished only about two months and the supplies are just now arriving, so we have none there now. However, we expect within the next month to be receiving patients. The capacity, will be between 68 and 70 patients. Mr. Burke. You have an item further on, under the head of " Miscellaneous,'" entitled " Correction of sanitary defects in Indian home?, $11,181." How do you expect to expend that ? Dr. Murphy. It is expected that the office will expend a certain amount to relieve diseased Indians who are living under extremely poor sanitary conditions and whose housing conditions are such as to spread disease to persons not infected. It is especially intended in the way of affording more light, better floors, and other matters of that sort. 3ilr. Burke. In the analysis of expenditures of the amount appro- jDriated for the fiscal year ending June 30, 1913, amounting to $90,000, it appears that $8.90 was expended for cleaning and toilet !^upplies, and it occurs to me that possibly a larger amount in pro- poriion to the whole amount would be expended on that line than was expended out of that $90,000 appropriation. Dr. Murphy. That statement was gotten up by the finance divi- sion of the office, and they simply segregated certain supplies on their books. We have not made that segregation in' the analj'sis for 1914. Mr. Meritt. I would like to make a suggestion at this point. I would suggest, Mr. Burke, the advisability of putting a proviso clause to this item we now have under consideration reading along tlie following lines : Provided further, That the Oommissiouer of Indian Affairs is hereby authov- izetl and directed to enforce, tinder snch rules and regulations as he may pre- scribe sanitary conditions among Indians and in Indian horcies, and an addi- tional appropriation of $50,000 is hereby provided for this work. The present housing condition of the Indians is, to say the least, deplorable. We have about 8,000 families without regular homes. They are living in tents and tepees, and practically 50 per cent of the Indian homes are without floors. A large majority of the other Indian homes have but one or two windows. They are very poorly ventilated, and if we could have an appropriation that would enable the Commissioner of Indian Affairs to put in new windows, to place floors in these thousands of Indian homes, and to aid the Indian.s in improving their home conditions it would go a long way toward preventing disease among the Indians a^d improving their health. Mr. Burke. Indians are more or less given to visiting back and forth, are they not? INDIAN APPEOPBIATION BILL. 123 Mr. Meritt. Yas, sir. Mr. Burke. And oftentimes a large number will be housed in a «mall building with little or no ventilation, and they will live there logether for a considerable time; is not that true? Mr. Meritt. That is true: and often a number of tliem are afflicted with trachoma and tuberculosis, and under those living con ditions it is natural that the disease should be transmitted to others. Mr. Burke. I have been informed that sometimes, in some of tin? <'older portions of the country, several Indian families will get to gether and live in one house for the purpose of saving fuel and econo- mizing in that way. Mr. Meritt. Yes, sir. Mr. Burke. Mr. Meritt, I want to ask your opinion, you having had many years of experience in the Indian service and having give?) this branch of the service a good deal of thought, as to what you think is the best way to look after the health of the Indians and as to whether it would be better to have that branch of the service under the Indian Office or under the Health Department. I would like to have your opinion on that question and your reasons for your opinion. Mr. Meritt. It is a very important question, Mr. Burke. I havn given this health question among the Indians and sanitary conditions among the Indians a great deal of study during the last seven years. About two years ago I wrote an article on " Sanitary homes amonq' the Indians," and I will be glad to furnish you with a copy of that article. It is my belief that it would be inadvisable to transfer the administrative control of the Indian medical service to the Health Bureau. "We have had some experience in the past in farming out n number of the administrative duties of the Commissioner of Indian Affairs to other bureaus of the Government, and that experience hns not been at all satisfactory. For example, as you know, we had an agreement with the Forestry Service a few years ago, and it resulted very unsatisfactorily. The Forest Service had not been handling the Indian forests very' long when Executive orders were obtained under President Eoosevelt's administration which would have practically, if those Executive orders had been permitted to continue, deprived the Indians of timber worth several million dollars, and those In- dians would have had a valid claim against the Government and could have enforced that claim in the Court of Claims. Those Executive orders which were issued by President Eoosevelt were, on the recommendation of the Indian Office and the Secretary of the Interior, revoked by President Taft. Our experience with the Eeclamation Service in connection with Indian irrigation projects has not been quite as satisfactory as we had hoped. For example, the Eeclamation Service has spent large sums of money for a reclama- tion plant on the Pima Eeservation which, in the judgment of some well-informed men, is not best suited to the needs of those Indians. The Eeclamation Service is now constructing large irrigation projects in the Northwest which are supposed to be Indian projects, but. m fact, they are as much for the benefit of white people as for the Tn^ dians. These projects are reimbursable out of Indian funds. « »f course the white users of water under these projects will ultimat^ely be required to reimburse the Indians, but the present plan o± the In- dians financing these projects is open to serious objections. Ihese experiences have demonstrated clearly to my niind that a bureau can not farm out its activities to other bureaus of the Government and 124 INDIAN APPEOPEIATION BILL. make a success of it. I am convinced that if Congress should transfer to the Health Bureau the health activities of the Indian Service we would experience a similar disappointment in the results. For ex- ample, we are now doing valuable work along health lines' in our schools. We are teaching the Indians how to prevent disease, which, to my mind, is one of the most important branches of the health .service. To show you how impracticable this proposition would be. it i? only necessary to point out that we have located at reservation and non reservation Indian schools physicians who are under the direc- tion of the superintendents. These physicians are not only treating the Indians for their diseases, but they are practically teachers along sanitary lines in the schools, and they are, as I have said, under the su- pervision of the superintendents of the Indian Service. You would find it difficult in these cases to have a man under the control of the Public Health Bureau to teach sanitation in Indian schools, particularly to the pupils in the Indian schools under superintendents who are ofE- cials of another bureau. There would be constant friction and con- flict. You had as well say that the education of the Indians should be under the Bureau of Education as to say that the treatment of the diseases of Indians should be under the Health Bureau. The doc- tors in the Public Health Service receive much larger salaries for service in that bureau than we are able to pay in the Indian Bureau, and it would undoubtedly result in increasing largely the salaries of the physicians now in the Indian Service. These salaries should be increased in a number of cases, but it would prove absolutely imprac- ticable from an administrative standpoint to have our Indian health service transferred to another bureau. Complications would be aris- ing on every reservation and in every Indian school, and the result would be the same as we have experienced in the past — disappoint- ment and dissatisfaction, and the interests of the Indians would suifer. The various activities of the Indian Bureau should, in my judg- ment, be conducted under one management, in order that they may be carried forward as a whole and so as to accomplish most effectively the purposes of procuring for the Indians all the benefits of a higher civilization. Mr. BuEKE. There is no separate item estimated, for that contem- plates the establishment of a sanitarium and its equipment on the Mescalero Reservation? Mr. Meeitt. A^o, sir ; we did not include that item in the estimates this year, for the reason that a congressional committee was making an investigation of that matter, and we did not care to anticipate what that committee might report and recommend. Mr. BuEKE. And the $200,000 estimated for does not contemplate the erection of any such institution? Mr. Meritt. No, sir. Mr. BuEKE. This analysis which you have submitted is an analysis of the proposed expenditure of the $200,000 that is now available? Mr. Meeitt. As soon as the Indian appropriation act is passed we apportion the funds available under that act, and this is the ap- portionment of the appropriation contained in the last Indian appro- priation act. Mr. Bueke. I think the committee ought to have some information as to how you propose to expend the $200,000 that you are asking for INDIAN APPROPRIATION BILL. 125 the fiscal year ending June 30, 1915, because that is the thing we are most concerned about. We are more concerned now to know what you propose to do with the money you are asking for than we are as to what use you are making of money already appropriated. Mr. MEEiTa\ I might add that our original estimates called for an appropriation of $250,000 for this work, but in order to cut down our estimates to meet the general views of the department we were re- quired to reduce this estimate $50,000. Mr. Btjeke. But there is nothing here, if I have read it accurately, that gives us any information as to how you expecC to use this money or what you want to do with it. We know what you want to do with the amount that has been appropriated, because you have furnished an analysis of the proposed expenditure of that appropriation. Mr. Meritt. We will be glad to get up for the committee a com- plete analysis of the manner in which we propose to use this appro- priation of $200,000. Dr. Mtjrpht. I call attention to the outline proposed for the medi- cal work in the latter part of the justification, showing that educa- tional work is contemplated among the Indians and among the em- ployees. Mr. Burke. If you Avant $200,000^ you ought to give us a detailed analysis of how you propose to use it, showing how much will prob- ably be necessary for administration, and how much for new con- struction, etc., just the same as you would in any other matter that came before us. This analysis refers to how you are going to spend money that we have already appropriated, and we would like to have some idea of what you have m mind that causes you to ask for $200,000 for the next fiscal year. Mr. Meeeitt. AVe will get that statement for you. (The information requested is as follows:) Analysis of the proposed expenditure of the appropriation -for "Relieving dis- tress and prevention, etc., of disease among the Inddmns, ISVt and 1915." „ , „ 1 , , 1914. 1915. General field work : Salaries $29, 580 1 meaical supervisor, at $3,000 $3, 000 1 assistant medical supervisor, at $2,200 2, 200 2 assistant physicians, at $1,800— 3,600 4 assistant physicians, at $1,600— 6,400 7 dentists, at $1,500 10,500 1 nurse, at $1,000 1,000 2 nurses, at $840 1. 680 1 general mechanic, at $1,200 1, 200 Salaries (temporary positions) — T, 500 (12 nurses, average 25 weeks, at $25 a week. ) Traveling expenses for above 19, 000 Medical, dental, and incidental supplies— _J^ ^^^^^^^ ,^^^^^^ Sanatoria for tuberculosis: ^^ ^^ Fort Lapwai Te'ion Salaries for employees i^ si 7 Annual estimate supplies— o' ^?in Additional subsistence supplies A 50U Transportation of supplies wu Transportation of patients 1, W" ,; expert physicians and two i.dditional dentists. 126 INDIAN APPEOPBIATION BILL. 1914. 1315. New construction and repair $16, 000 Miscellaneous labor 1, OOO Miscellaneous expenses 2,063 54,000 Sac and Fox Sanatorium $40,000 .1:20, 000> Salaries 8,433 Annual estimate supplies! 13, 435 Transportation of supplies 250 Transportation, patients and escorts 1, 300 New construction and repair 10, 186 Miscellaneous 6, 396 40,000 Phoenix Sanatorium 11,826 .30, 000' Salaries _-__ 3,150 Annual estimates Additional subsistence 481 Transportation of patients 500 Miscellaneous 345 4,4T6 New construction and repair 7, 350 Laguna sanatorium 9,713 8,000- Tuberculosis pavilion, Navajo 6, 000 Tuberculosis camp. Fort Apache 1, 200 Equipment for treating tuberculosis and trachoma at Moqui Hospital 1,000 Miscellaneous : Purchase of vaccines, etc 1,000 1,000 Miscellaneous expenses for relief of distress 6,000 0,000 Correction of sanitary defects, Indian homes 11, 181 Educational campaign for the prevention of diisease 15,000 200, 000 200, 000 ]\Ir. BxTEKE. Mr. Meritt, these items that Dr. Murphy has men- tioned are estimated for specifically. I wish you would call atten- tion to the items in the bill, submitting any data that you may have supporting them, and make any statement you may wish to make in connection with such items. StBC():M?.i]TrEK OF THE Coji]\irrTEE ON Indian Affaies, House of Representatives, Friday, Deceniber 19, 1913. The subcommittee met at 10 o'clock a. m., Hon. John H. Stephens (chairman) presiding. STATEMENTS OE MR. E. B. MERITT, ASSISTANT COMMISSIONER; MR. PEYTON CARTER, OF THE DIVISION OF EDUCATION; AND MR. W. T. ELLIOTT, OF THE DIVISION OF FINANCE, BUREAU OF INDIAN AFFAIRS. The Chairman. Mr. Meritt, what is the first item? Mr. MERrn\ ]\Ir. Chairman, we are taking up the school items this morning, and the first item for consideration is No. 5, on page 6 of the bill, known as the Indian school support item, which reads as follows : For support of Indian dny and industrial sfliools not otherwise provided for and for other odueational and indus^trial purposes in connection therewith, in- cluding the support and eilueiition of deaf and dumb and blind Indian children. INDIAN APPKOPBIATION BILL. 127 $1,500,000: Provided, That no part of this appropriation, or any other appro- priation provided for herein or hereafter, except appropriations made pursuant to treaties, shall be used to educate children of less than one-fourth Indian blood whose parents are citizens of the United States and the State wherein they live and where there are adequate free-school facilities provided and the facilities of the Indian schools are needed for pupils of more than one-fourth Indian blood : Provided further, That the Commissioner of Indian Affairs may, in his discretion, use not to exceed $25,000 of this appropriation in the payment of tuition of Indian children enrolled in the public schools. In support of this item the following justification is offered: INDIAN SCHOOLS, SUPPORT. Fiscal year ending June 30, 1914: Amount appropriated $1,420,000.00 Fiscal year ended June 30. 1913 : Amount appropriated 1, 420, 000. 00 Amount expended 1, 346. 807. 84 Unexpended balance 7.3, 192. 16 Note. — This is not a final balance, and outstanding indebtedne.ss against the appropriation will undoubtedly materially reduce the balance given. Analysis of expenditures. Salaries, wages, etc $750,707.87 Traveling expenses 23, 791. 11 Transportation of supplies 0,360.69 Telegraph and telephone service 1,920.99 Heat, light, and power (service) .1.703.00 Miscellaneous material 7. 510. 61 Stationery 17, 900. 15 Fuel 84. 487. 57 Mechanics' supplies l 9.12. 27 Cleaning and toilet supplies , 9, 2."iil. 80 Wearing apparel 118, 795. 41 Forage 2S, 876. 94 Provisions ■ 179, 828. 70 Equipment 94, 967. 22 Printing and advertising. 40.25 Medical supplies 1 4. 743. 34 Notary fees, etc 91.00 Tuition of pupils in public schools 2.205.14 Miscellaneous 8, 605. 78 Total 1, 346, 807. 84 According to the annual report for the fiscal year 1913, the total number of Indian children of school n,ge in the United States is 82.470. Of this number 73,464 are eligible for enrollment, and of the eligibles 58,721 were enrolled in schools of all classes during the fiscal year 1913. Twenty-seven thousand five hundred and eighty-four were enrolled in Government schools during the fiscal year 1913. The total capacity of all Government schools has been increased since the end of the fiscal year 1912, 1,749. It will be further increased during the fiscal year 1914 approximately 500 by the expenditure of the $100,000 for the increasing of school facilities among the Na^-ajos. The $1,420,000 which has been appropriated annually for several years for the support of schools not otherwise provided for has been insufficient to meet the absolute demands upon it, and therefore " Indian moneys" have necessarily been used to thus supplement this appropriation. A number of schools which have been largely supported out of " Indian moneys " will have to draw more heavily upon " Indian schools, support," because the fund " Indian moneys" is rapidly decreasing and, further, because this fund is being used more largely for other purposes, such as- the purchase of stock, agricultural implements, etc., with a view of putting the Indians in a position to utilize their own lands instead of leasing them and thus eventually making them an entirely independent and self-supporting people. 128 INDIAN APPROPBIATION BILL. The $80,000 increase whieli is asked for tlie fiscal year 1915 will practically all be required for the increased enrollment in the Navajo schools. Add to that slight increases in capacity of other schools, and with the greater demand upon this particular appropriation, because of the decreased amount of " Indan moneys " available for the support of schools, and the request for the increase is fully justified. The provision relative to the deaf and dumb and the blind is included in this item this year, because of very urgent demands for funds for the care and training of those classes of children. There are at least 50 deaf mutes and an equal number of blind children who should be provided for at once. The provision pertaining to the use of $25,000 in the payment of tuition of Indian children enrolled in public schools is inserted to make it legal to pay tuition for Indian children who live in school districts where the taxable property valuation is low and where Indians do not share any of the financial burdens of supporting the schools. In addition to the justification, we invite your attention to House Document No. 329, Sixty-third Congress, second session, regarding the expenditure for Indian school and agency buildings in 1913, which contains a great deal of information regarding Indian schools, the location of the schools, average attendance, names of teachers, and salaries. We also invite your attention to House Document No. 330, Sixty-third Congress, second session, regarding the expenditures for the support of Indian schools for 1913. These two documents contain detailed information regarding our school system and show where the money was expended. In addition to these documents, I would like to offer for the record the following statement which is a resume of our Indian-school system : INDIAN EDUCATION POE THE FISCAL YEAR 1913. There are in the United States approximately 73,000 Indian children eligible for enrollment in ,«chool. Of this number over 27,000 are in Government schools under the direct control of the Office of Indian Affairs; 3,200 pupils are edu- cated by the Indian Office under contract with mission, private, and public schools; and 14,000 are in the public schools of eastern Oklahoma, in aid of which the General Government appropriated and disbursed through the Indian Ofiice $300,000. Thus there is a total of 44,200 Indian pupils in schools under the control of the Indian Oflice. Of the remaining 28,800 children, there are 10,300 enrolled in other public schools than those of eastern Oklahoma, and 3,500 are in mission schools, thus leaving over 14,000 Indiiin children not in any school. Of this latter number the Indian Bureau estimates that there are at least 7,000 Indian children on the Navajo and Pagago Indian Reservations who have not school facilities, and probably 500 Indian children on other reservations for whom there are no school facilities, at the present time. There are about 7,000 Indian children in the United States of whom there is no record, many of them in States where they have the legal right to attend the public schools, and where they might be admitted were they disposed to attend. The remainder are either located where no schools are available or in States whei-e they have not access legally to the public schools. These latter classes of Indian children make up one of the important problems before the Indian Office. In the Navajo and Pagago countries additional school facilities are now being provided by the Indian Office. A special appropriation of $100,000 has been estimated for in the current Indian appropriation bill for increasing school facilities on the Navajo Keser- vation, and school buildings are now being constructed. Plans are also being made to increase school facilities for the Papagos. For these Indian children who have access to the public schools, but will not attend, little can be done, but as to those in States where they are not legally entitled to attend, the field officials of the Indian Bureau are cooperatftg with the State authorities to effect their enrollment, if practicable, in the public schools, but if not, then in some other school. There was expended during the year by the Indian Office nearly four and a half millions of dollars in maintaining 37 nonreservation boarding schools witt an enrollment of 10,702 ; 74 reservation boarding schools with an enrollment of INDIAN APPKOPBIATION BILL. 129 9,523; and 216 day schools with an enrollment of 7,359, an increase over the enrollment of the previous year of more thfan 3,000 pupils. This increase was due to the activities of Indian superintendents and supervisors in encouraging Indian children to enter school, they having been instructed to exercise unusual diligence in such matters; and, also, to the growing interest in the educational welfare of their children manifested by Indian parents. A high standard of efficiency is required of the field officials of the Indian bureau whose duty it has been to supervise educational work, particularly with reference to the training given Indian pupils along industrial and voca- tional lines. During the first years in school, pupils are taught basketry, mat weaving, sewing, and the performance of minor duties in connection with the care of the household. The preparation of a noonday luncheon furnishes an opportunity for the training of Indian ^rls in the preparation and serving of simple meals. The boys are taught gardening, the use of tools in connection with repair work, and the care of stock. In the reservation boarding schools the girls are taught how to sew, launder, bake, and perform household duties, and the boys are given training in regular shop work, the cultivation of the farm, dairying, and stock raising, a farm being connected with each reservation boarding school. In the nonreservation schools the girls are Instructed in domestic science, and as an aid to this instruction there are frequently provided domestic science cottages, or rooms set apart, properly furnished, wherein a definite course in the household arts may be taken. At some schools where a separate cottage is provided, three or four girls are given an opportunity to furnish a cottage, arrange' its equipment, purchase some provisions for use therein, prepare and serve meals, launder the linen necessarily used in the cottage, and attend to all the duties that must be performed in connection with maintaining such a home. In other schools an " outing system " is maintained which affords an oppor- tunity for girls to receive training in typical American homes away from the school. In the " oUting system " an Indian girl is taken into a home, not as a servant, but as a member of the family, and performs just such duties as would a daughter of the family. She helps preserve foods, prepares them for the table, she eats with the family, assists in all household duties, and very frequently attends public schools during a portion of the year. There has been found no other better training than that received by a girl in an " outing sys- tem " of this character, where the " patrons " are interested in the moral wel- fare of the pupil. This latter condition is always obtained, for under the close supervision of the outing matrons, no girl is placed in a home until it has been found to be entirely satisfactory from the standpoint of the girl's welfare. Boys also trained in the .outing system take the place of the farmer's boy, performing the same duties as he would and under the same personal direction which a farmer would give his own son. In the nonreservation school boys are afforded an opportunity to perfect themselves in some trade, and it is gratifying to note that many of them on leaving school, where they have no farms of their own to which they can return, are taking positions in commercial houses, factories, machine shops, and in the various trades. The larger schools are equipped to give instruction in carpentry and woodworking, blacksmithing and forging, electric and steam engineering, brick and stone masonry, plumbing, tailoring, painting, printing, baking, harness and shoe making, wagon making, cement work, gardening, and dairying. In some schools small tracts of land are set apart on the farm for one or two boys to cultivate, which are charged with all the expenses necessary to put the tract into proper cultivation, supply seeds, and tend the crops, and credited with the entire returns. This gives the pupil an opportunity to plan and carry out such a line of work as would be necessary were he placed on his own resources with his own farm. The etficacy of the industrial and vocational training given Indian pupils is receiving the first consideration of the Indian Office and the superntendents. ~ . j, j- „ .j. The Indian Office requires its schools to adopt the course of study found suit- able for the public schools of the State in which the school is situated. These courses however, are modified to suit the needs of the Indian children elimi- SLTpartl which are not essential, and thus providing additional time for '''suSntradentfare not allowed to retain pupils unless they can keep them in rrmitories having an air space of at least 500 cubic feet per pupil. Many ' schooirare building screened porch accommodations to their dormitories, and 24455—14 9 130 INDIAN APPROPRIATION BILL. during a portion of the year at least all pupils, or many, at least, can sleep on these porches. Physicians are stationed at practically every boarding school and sick pupils are given immediate and careful attention. A number of hos- pitals have been constructed and there is a growing confidence of the parents in the ability of the schools to effect a cure of their sick children. Playground equipment is in use at every school, and the superintendents, under the direc- tion of the Indian Oflice, provide a definite time for physical exercise of the pupils during each day. Gymnasiums have been constructed, these being par- ticularly needed in the schools in the Northern States where the winters are long and opportunity for outdoor exercise limited. Religious organizations give instruction to the pupils of each boarding school and children attend the services held for them by the representatives of the denomination to which they belong or for which their parents have expressed a preference. Special effort has been made to develop in Indian boys and girls a sturdiness of character which will be a valued asset when they leave the school and must rely upon their own resources. Indian schools are training Indian girls to perform all the duties that are necessary In the maintenance of a clean, well-regulated, and sanitary home, ana the boys to successfully manage their own farm, if they are the possessors of land, or, if not, earn good wages at some trade. Indian school work, in its general branches, is under the general super- vision of a supervisor of broad educational attainments and long experience in school matters, particularly in connection with the education of Indian boys and girls and the peculiar problems which arise in adapting the school system of the whites to meet the educational necessities of Indian youth. The supervisor of Indian employment, an Indian himself, is charged with the important duty of following up returned students. He is in touch with various business enterprises conducted adjacent to the reservation which would furnish employment for such Indians who, through natural inclination or for other reasons, are unable to take up the active farming of their allotments. Superintendents, also, are required to keep records of returned students and to see that they are encouraged either to develop their allotments into a means of self-support and to provide them comfortable homes or to get started, in connection with the supervisor of Indian employment, in some gainful occu- pation which will render them independent in life. Statistics, 1913 — Recapitulation. Indian children of school age 82,470 Indian children ineligible for school attendance because of illness, deformity, etc 9, 006 Total Indian children eligible for school attendance 73,464 Indian children in school : Government schools — Nonreservation boarding 10,702 Reservation boarding 9,523 Day 7,359 — . 27,584 Mission schools — Contract boarding 1,443 Noncontract — Boarding 3, 272 Day 305 3,577 5,020 Private schools : Contract boarding 89 Noncontract boarding -. 89 Public schools — Contract 1, 720 Nbncontract 24, 308 26,028 Total all classes 58,721 Number eligible children not in school 14,743 INDIAN APPROPRIATION BILL. 131 The Chairman. Since you have made a change in the amount of this appropriation from $1,420,000 to $1,500,000, that being an in- crease of $80,000, we will be glad to have from you a brief explana- tion of the reason why you find that increase necessary. Mr. Meritt. Mr. Chairman, this appropriation is the one that supports all of our day, industrial, and reservation boarding schools and all of our schools except the nonreservation schools. We are trying to increase the capacity of the schools so that we can care for those children who are not now in school, and we find that the ex- penses of the schools are heavier than they were several years ago. The Chairman. For what reason ? How do you account for that ? Mr. Meritt. We are required to pay larger salaries than we paid 10 years ago, living expenses are higher than they were 10 years ago, and there are a great many more calls on this appropriation than were made 10 years ago ? The Chairman. Are there as many children in the schools now as you had 10 years ago ? Mr. Meritt. Yes, sir ; we have several thousand more in the schools now than we had then. The Chairman. Can you give us the number attending the schools now? Mr. Meritt. We can furnish that from the oifice records. The Chairman. You can put that in the hearings hereafter. Mr. Meritt. The number of Indian children in all schools is 58,721. We have with us this morning, Mr. Chairman, Mr. Carter and Mr. Higgins of the schools section, and Mr. Elliott of the Finance Di- vision, and they will be glad to explaip anything desired by the committee. The Chairman. I believe you took two schools in California out of this general fund and put them imder some other fund. Should not that reduce the amount that you had last year in this fund instead of enlarging it ? Mr. Meritt. We are providing for two California schools specifi- cally, the Fort Bidwell School and the Greenville School. The Chairman. They should not be charged to this fund or esti- mate of $1,500,000, should they ? Mr. Meritt. No, sir. The Chairman. That would practically be an increase o± how much more? The additional amount of the increase would be the amount that you are providing specifically for those two schools. Mr. Meritt. We are asking $20,000 and $30,000 for those two schools. , , , The Chairman. That makes $50,000. That would be an increase of $100,000 over the appropriation. Mr Meritt. That would be $50,000 for the two schools. The Chairman. Then, you are asking $50,000 additional? Mr Meritt. We are asking for $80,000 additional here. i The Chairman. That would make $130,000 more than was appro- priated last year for the same item and for the same work Mr Meritt We are opening schools in the Navajo country, which is authorized in the last act. An appropriation of $100,000 was pro- vided and we will support those additional schools out of this item. The Chairman. How many schools are you opening there < 182 INDIAN APPBOPKIATION BILL. Mr. Mekitt. We are opening or adding to about six or eight schools, I think. The Chairman. Where else are you opening additional schools? Mr. Meeitt. We are providing additional day schools on reserva- tions where the school facilities are not adequate to care for the pupils on those reservations. The Chairman. Are those eight schools you mentioned as being opened on the Navajo Reservation day schools? Mr. Meritt. All but three are boarding schools. The Chairman. There are three boarding schools ? Mr. Meeitt. Yes, sir; and three nonboarding schools. The Chairman. Three are day schools? Mr. Meeitt. Yes, sir. The Chairman. Well, that makes six new schools. Now, about how many scholars have been enrolled in those schools, if any? Mr. Meeitt. We will not begin the enrollment until the beginning of the next fiscal year. The buildings are now being erected. , Mr. Burke. Last year the House committee reported a bill and it was passed by the House, carrying an appropriation of $1,420,000 for the supTport of the schools — am I correct about that? Mr. Meritt. Yes, sir. Mr. Burke. And when the bill passed the Senate a separate ap- propriation was made for the Fort Bidwell School and the Green- ville School in California, the appropriation for the Fort Bidwell School being $20,000 and the appropriation for the Greenville School being $30,000. Now, those two schools had previously been sup- ported out of this general fund — is that true? Mr. Meritt. Yes, sir. Mr. Burke. In conference those items were allowed to remain, and the appropriation of $1,420,000, the amount which the House passed, became the law ? Mr. Meritt. Yes, sir. Mr. Burke. Now, as a matter of fact, your general fund was relieved to the extent of the amount that was appropriated spe- cifically for those two schools in California? Mr. Meritt. Yes, sir. Mr. BuEKE. And now you make an estimate for those two schools separately ? Mr. Meritt. Yes, sir. Mr. Burke. And you add $80,000 to the amount appropriated last year? Mr. Meritt. Yes, sir. Mr. Burke. So that, as a matter of fact, over the appropriation for this purpose prior to the current fiscal year, it really is an increase of $130,000? -^ Mr. Meritt. Yes, sir. I will add that if we get this increase we will still be unable to provide school facilities for practically 5,000 Indian children. _ Mr. BuEKE. I want to call your attention to the provision in this item that limits the expenditure of any of the money appropriated by this item so that it can not be used to educate children of less than one-fourth Indian blood, except in certain cases, and I would like to know, if you can inform us, to what extent that provision has INDIAN APPEOPEIATION BILL. 133 eliminated from Indian schools pupils that have heretofore been edu- cated at the Government's expense? Mr. Mehitt. "We have required the superintendents to eliminate from their enrollments, v^herever practicable and wherever the chil- dren could receive school facilities near their homes, children of less than one-fourth Indian blood. We have here Mr. Carter, who has handled the correspondence in connection with that matter, and I would be glad to ask Mr. Carter to explain it to the committee. Mr. Caeteb. That restriction was made by the supervisors year be- fore last, and now we have brought to the attention of the superin- tendents the necessity of refusing to enroll pupils who have a very slight degree of Indian blood and who have access to the public schools. That has been done to a great extent by the superintendents. The superintendents have stated in their reports that they have re- fused certain children. That information, of course, is a matter of record in the Indian Office, but the number can not be determined. We know, however, that there has been a reduction because of that provision. The total number of children who have enrolled in the Indian schools has increased during the last year, due, as has been previously stated, to the increased interest shown by Indian parents in education and also to the activities of the superintendents and supervisors, who have said to the Indian parents, " You must put your children into school." Mr. BuHKE. This provision was incorporated in the bill at the in- stance of the chairman and with the cooperation of the other members of the committee, with a view to making it possible to provide school facilities for a large number of Indian children who apparently were without any educational advantages and with the hope that we could provide for them without increasing the expense. I remember Mr. Meritt stating that he thought this provision would eliminate a good many pupils, and, if you can do so, we would like to have you give us some definite information as to what number of children it has eliminated, so that we can have some idea of about what number we had been educating that were of less than one-fourth Indian blood. Mr. Mehitt. The reports of attendance for the year closing June 30, 1913, show that of the total enrollment in Indian schools there were 2,076 listed as having one- fourth degree Indian blood. The re- ports of June 30, 1913, show 1,262 of one-fourth degree Indian blood, a decrease of 814. In 1910 there were 494 of one-eighth degree, and in 1913, 314, a decrease of 180 ; in 1910, 105 of less than one-eighth degree, and in 1913, 63, a decrease of 52. This decrease in the number of pupils who have a slight degree of Indian blood is attributable to the efforts of the supervisors in elimi- nating from our schools those who have a slight degree of Indian blood and who have access to the public schools, which began three years ago, and to the provisions contained i'n the current appropria- tion bill and the one preceding, which provided that general appro- priations should not be used for the education of Indian children of less than one-fourth degree Indian blood whose parents are citizens of the United States and the State wherein they live and where there are adequate free-school facilities provided, and the facilities of Indian schools are needed for pupils of more than one-fourth degree. 134 INDIAN APPROPRIATION BILL. It will be noted from the wording of this law that if a child whose parent is a citizen of the United States and of the State in which he lives has less than one-fourth degree Indian blood and has not pub- lic-school facilities he may enroll in an Indian school. It will thus be seen that this provision permits the enrollment of Indians of less than one-fourth degree of Indian blood and explains the presence in our schools of some 377 Indian children having less than one-fourth degree Indian blood. Mr. Carter. It would be very difficult, indeed, to decide upon any certain number eliminated due to this fact — ^the superintendents were allowed generally to retain in their schools until the end of their term those pupils about whom there was some question, but when the new term began those pupils on seelring enrollment have been told that they have access to the public schools and are not eligible to en- rollment, or they have been told by the superintendent, " You have a very slight degree of Indian blood, and I can not take you " ; or, when he went to the reservation to solicit pupils he would ask only those who were clearly eligible to attend the school. There is no rec- ord, however, with the superintendent or with the Indian office as to the number of those who were refused admission. Mr. Burke. Then, I take it that the real benefit, if there is any, from this provision would probably come in this fiscal year rather than in the last fiscal year ? Mr. Carter. Yes, sir ; and, yet, if we get a larger number of full bloods into the schools because of this law, the exact number does not show on paper. Mr. Burke. I understand that, but if it is going to eliminate a number this year that were continued last year, it will make room for an additional number of full-blood Indians or Indians of more than one-fourth Indian blood? Mr. Carter. Yes, sir. Mr. Burke. I simply wanted to call your attention to this, Mr. Meritt, because it shows that, regardless of what we may do, there is a constant demand on the part of the department to increase the appropriations. We put that provision in, and I think wisely, and we had hoped that it would provide facilities for the children who ought to be in the schools without increasing the appropriation. Nbw, for the first time you have included the support and education of deaf and dumb and blind Indian children, and your justification shows that there are about 100 such children. I wish you would tell us what you do with such children now. Mr. Meritt. These children heretofore have been largely ne- glected simply because we did not have any express authority of law for taking care of them and because there were not provided the proper facilities for taking care of them. Mr. Burke. Don't you think, as a matter of fact, that you could educate all deaf and dumb and blind children in any way that you might think desirable under the appropriation that is now available, following the language that has been in the appropriation act hereto- fore? * Mr. Meritt. That language is broad, and I believe that with a liberal interpretation we could provide for the deaf and dumb and blind children. INDIAN APPEOPKIATION BILL. 135 Mr. Burke. Don't you think you could put all the blind chil- dren in a school for the bhnd and pay for their support and educa- tion out of moneys that are appropriated for support and civiliza- tion? Mr. Meritt. I believe that the comptroller would probably pass that account. Mr. Burke. Now, do I understand that at the present time these children are neglected? Mr. Meritt. We have not at this time and have not heretofore had schools for the deaf and dumb and blind children; and I think one other thought should be taken into consideration, and that is that the parents of these defective Indian children will not consent to their going into State institutions. We will probably have difficulty in getting them to go into Indian schools especially provided for them. Mr. Burke. You do not propose to establish a school at every Indian reservation to teach the deaf and dumb and blind, do you ? Mr. Meritt. No, sir. Mr. Burke. You do not expect to establish a general school for the service, do you? Mr. Meritt. We thought of selecting a school for this special purpose. Mr. Burke. Don't you think that there is plenty of room in the State schools to take care of the blind and deaf and dumb children that may be within the several States and that you could pay for their support and education in these institutions probably at a less rate than it costs to-day to maintain per capita the nonreservation Indian schools? Mr. Meritt. We have our per capita cost down to something like $175, and I doubt if we could provide school facilities in the State institutions at that cost. Besides, as I said before, the parents of these defective children would probably not consent to their children going into these State institutions. Another reason is that the State institution would not care to receive the Indian children, and their environment would not be quite as good as it would be in regular schools established for these children. Mr. Burke. Don't you think the model way of educating Indians, if it were possible, would be to educate them in the white schools ? Mr. Meritt. My idea would be to place every Indian child in the United States in the public schools, wherever possible. Mr. Burke. In the white schools? Mr. Meritt. Yes, sir. Mr. Burke. Then why would not the blind child or the deaf and dumb child be really better off in a State institution where the other pupils were white than in any Indian school you could conceive of? Mr. Meritt. I have consulted with our school supervisor, Mr. Peairs, who has had a very large experience in Indian educational work, covering a period of probably 25 years, and he expressed the opinion that it would be advisable to establish a school adapted to the needs of these defective Indian children. Mr. BuEKE. We have in South Dakota a very excellent deaf and dumb institution located at Sioux Falls, and we have a school for the blind at Gary, which is also said to be a very good institution. I am inclined to think that the cost of supporting and educating 136 INDIAN APPKOPRIATION BILL. a child in either one of those institutions does not exceed the per capita cost of maintaining a nonreservation Indian school. Did I understand you to say that this class of children is to-day neglected ? Mr. Meeitt. That is my opinion. Mr. Carter. They are neglected, and there has been considerable difficulty in getting the Indian parents to consent to allow these pupils to be enrolled, because they seem to be as fond or more fond of these defective children than of the others. It is very dif- ficult to get them into schools at some distance, particularly into State schools. The defective children of any class should be edu- cated in an institution separate and apart from normal children, and if access is not given these children into the State schools, then there should be a special school wherein, these defective children could be educated together and not be mixed with the normal pupils. Mr. BuEKE. I understand that under existing law the only way you can educate a blind child or a deaf and dumb child is to have the consent of its parents ? Mr. Carter. That is true, unless the school is situated on a reser- vation. If the school is situated on the reservation, possibly we can educate them without the consent of the parents. Mr. BtTRKE. I believe, speaking for myself, that we ought to pro- vide in this bill that the Commissioner of Indian Affairs, in his discretion, should have authority to put these children where they will have educational advantages. Mr. Meeitt. We will be glad to have that authority. Mr. Burke. I think that is a very serious condition. Of course, every parent dislikes to part with children, but everyone knows that an afflicted child is neglected at home, and unless those children are sent to some such institution they will be neglected. The Chairman. I would like to know whether you can give us any information as to the number of those children ? Mr. Meritt. It is approximately 50. We have not complete data. Mr. Burke. This statement says that there are at least 50 deaf mutes and an equal number of blind children who should be provided for at once. That would make 100. Mr. Meritt. Our data is not very complete. I might say that when this matter was called to the attention of Commissioner Sells, he was forcibly impressed with the need of facilities for the care and education of these defective children who are not properly cared for now, and we would like very much to have in this bill such authority as Mr. Burke has suggested, which would enable the office to properly care for these children either in State institutions or in some school to be provided by the office. The Chairman. Is it your belief, from the knowledge you have of the subject, that it would be much cheaper to put them in a State institution than to have one general school provided especially for them? Mr. Meritt. For all the Indians in the United States at one point? The Chairman. Yes. Mr. Meritt. It might be cheaper; but, because of the peculiar conditions, I doubt if it would be quite as well for the Indian chil- dren. As I stated before, the supervisor of education, Mr. Peairs, is INDIAN APPEOPBIATION BILL. 137 inclined to be of the opinion that it would probably be better to have a separate school for these children. The Chairman. That would necessitate your having a deaf and dumb and blind school on every reservation ? Mr. Meritt. No, sir; we intend to have only one school. Mr. Gaetee. And you would have to take these children away from their parents and out of the State where they reside in order to get them to the school ? Mr. Meritt. Yes, sir. Mr. Carter. My observation of Indian children is that it will be a matter of great difficulty to get these children away from their parents, especially if they are to be sent outside of the State in which they live. Has that been your observation of such matters ? Mr. Meritt. It would require a good deal of persuasion to get the parents to consent. Mr. Caetee. In relation to that matter, we had some little oppor- tunity for observation on our recent trip out West while looking mtothe proposition of building a tuberculosis hospital in New Mexico. In no place did we find any agent, employee, doctor, Indian, or anyone else, who favored the proposition of taking Indians out of the States in which they reside, nor from one reservation to another, even though they might have tuberculosis in the last stages. Mr. Meeitt. I agree with you absolutely in that conclusion, so far as hospitals are concerned. Mr. Caetee. The same thing would apply to children, or even a little more strongly to children than to grown people. Mr. Meeitt. If we could provide properly for these children in the States, I think that that would probably be the best way to handle it. Mr. Caetee. I think that would be the solution of it. I do not see any reason why they could not be provided for in that way. Mr. BuEKE. I want to call your attention to House Document No. 329. Sixty -third Congress, second session: On page 7, under the head of "Arizona," you will find an item relating to Camp McDowell. The construction item amounts to $7,658.31; the item for repairs is $150.25, and under the head of "Miscellaneous" you have $30.30, making the total amount expended for that school $7,838.86. I pre- sume that is a new school building, is it not ? Mr. Meritt. Yes, sir. Mr. BtfRKE. I will call your attention to page 2 of the same docu- ment, under the head of "Arizona." There is a reference in Lhat colunm to the Camp McDowell day school, and I want to know T^hether that is the same school referred to on page 7 of the docu- ment ? Mr. Meritt. I think we have now under the Camp McDowell jurisdiction the Salt River Reservation; or, rather, the Salt River Reservation has under its jurisdiction the Camp McDowell Resei- vation. Mr. BuEKE. Is the day school referred to on page 7 of this docu- iiient the same school that is referred to on page 2 as the Camp McDowell day school? Mr. Meeitt. Mr. Burke, this school referred to on page 7, I think, is the school referred to as the Salt River day school, located at Scottsdale, on page 2 of the document you refer to. 138 INDIAN APPEOPEIATION BILL. Mr. BuEKE. Well, what do you say? Which one is it? Is it the Salt Eiver day school or is it the Camp McDowell day school ( Mr. Meritt. We have two schools on that reservation, and the representative of the finance division, Mr. Elliott, says that should be " day schools " instead of " day school." It refers to both schools. Mr. BiJEKE. I was going to comment upon the fact that the average daily attendance at the Camp McDowell day school is 33, and the- average daily attendance at the Salt Eiver day school is 35, as shown by this docurtient, and it occurred to me that a construction charge amounting to $7,658.31 for 33 pupils was rather extrava- gant. Mr. Meeitt. The $7,658.31 was used during the year 1913 in the construction of a new modern two-room brick schoolhouse at Salt Eiver day school. Mr. Burke. On the same page, under the head of " Colorado Eiver," you have the item "boarding school," and I find that for construction and general repairs there was expended $11,750.19, and, on page 2, it appears that the attendance at this school is 71. What explanation have you to make of that? Can you tell us whether it was necessary to construct a building for that school? It is a board- ing school, and it is possible that it may have been necessary, but we want to find out something about it. Mr. Meeitt. We have with us Mr. Elliott, of the finance division, which division got up this statement, and I would be glad if he would answer those questions. Mr. Burke. Well, if he is prepared to answer. Mr. Caetee. The Colorado Eiver boarding school is situated on a reservation which has 129 Indian pupils, but only about 70 of them are in attendance, due to sickness and disease and lack of school facilities, and it has been impossible to increase the enrollment be- cause of these facts. Mr. BuEKE. Did you construct this building? What did you have there? Mr. Caetee. The conditions are practically the same. Mr. BuBKE. This was a new building, was it not ? Mr. Caetee. If it has been constructed Mr. Elliott (interposing) . The construction of the building was authorized out of that appropriation for Indian schools, and the contract must have been entered into during that year, 1913. Mr. BuEKE. I think that is admitted, but what we want to know is, what was the occasion for the construction of the building. There must have been some need demanding it, and we would like to be advised. Mr. Caetee. Of course, at the time the building was started there were 90 Indian children to be provided with school facilities, and a school of that capacity was constructed. Mr. BuEKE. Was there a school there before ? Mr. Caetee. The old school was abandoned two years ago. The new school was in session j^ear before last, and there have been two full years of school. If this is charged to this year, it was an expen-" diture which was probably incurred in a previous year but paid in this year. INDIAN APPEOPBIATION BILL. 139 Mr. Burke. I wish you would furnish for the committee the data that the Indian Office had when it authorized this expenditure. That data ought to show the reason why it was authorized. Mr. Elliott. The records will show exactly what this $11,000 item went for, but we do not have the data here at hand. Mr. Meeitt. The information requested is as follows : Owing to the dilapidated condition of tlie buildings and furttier because of the unsatisfactory location of the school plant, the office decided during the fiscal year 1910 that it would be absolutely necessary to build a new boarding school plant for the Colorado River Indians. A site was selected about one and a half miles from the old school, and about a mile from the railroad station of the town of Parker, Ariz. From 1911 funds the department authorized an expenditure of $40,960 to construct four cottage dormitories, capacity 20 pupils, $8,875 each, and a water and sewer system, $5,460. From 1912 funds tie department authorized the construction of one frame office building, a frame employees' cottage, and extensions to the watfer and sewer systems, costing $9,085. One of the cottage dormitories was used for quarters for the superintendent pending the construction of his cottage and office building. From 1913 funds a $10,765 schoolhouse was constructed, with a capacity for 100 pupils. The report for the fiscal year 1912 shows that there are a total number of 129 children of school age on the reservation, 46 being ineligible because of illness, deformity, etc. Eighty-three are enrolled, leaving but 1 pupil eligible and not In school. Mr. Burke. That is what I am trying to get at. Now, I am going to refer to page 9 of this document under the head of " New Mexico," and I call your attention to the item relating to the Pueblo Bonito day school. It appears from this item that there was expended for construction, repairs, etc., the sum of $11,254.88. Then I call your attention to page 5 of the document where it appears that the aver- age attendance at the Pueblo Bonito boarding school, situated at Crown Point, N. Mex., was 23. I will first ask you if the item that I called your attention to on page 9 refers to this school that I have just mentioned, appearing on page 5 ? Mr. Carter. Yes, sir. Mr. Burke. Will you explain the necessity for expending $11,-' 254.88 for a school that has an average attendance of 23 ? Mr. Carter. That was started as a day school. As I remember, there is a day school building and a small dormitory with a capacity for about 20 pupils. The plan was to carry it as a day school during the first year and let it gradually develop into a boarding school, and it was felt that would be the trend of the development of the school, a day school being impracticable. So it was started with a day school building and a small dormitory, and the plan will be to add another dormitory. The $11,000 referred to was for the construction of an assembly hall and school building. Mr. Burke. Then, at the time that the money was authorized to be expended it was intended to make this a day school? Mr. Carter. It was just a day school and the enrollment was small. Mr. Burke. I wish you would furnish us with the data that were used as a basis for this expenditure. Mr. Meeitt. The information is as follows : Plans for the construction of a boarding school plant at Pueblo Bonito Reservation were started in the fall of 1910. From the regular building fund for the fiscal year 1912 there was constructed a brick cottage dormitory, capacity 20 pupils, two brick employees' quarters. ;ind a brick office building. L40 INDIAN APPROPRIATION BILL. It an aggregate cost of $19,100. From 1913 funds there w^s constructed a me-story, two-room, and assembly-hall school building, costing !|>iu,iou, and fl,114 was expended for other small buildings. From the current year's appropriation plans are being made to construct an- other cottage dormitory for girls and an employees' cottage for the special ipproprlation for increasing school facilities for the Navajos. The capacity of the school will then be increased to between 40 and 50 pupils by the commence- ment of the school term in September, 1914. In 1912 it was estimated that there were 1,221 Indian children of school age on the reservation, 221 of whom were ineligible because of deformity, etc., leaving 1,000 Indian children eligible for enrollment in school. With the ex- ception of a few pupils from the reservation enrolled in nonreservation schools, no others are in school except those in attendance at the Pueblo Bonlto board- ing school. Mr. BuEKE. Now, I call your attention to the table on page 9 of this document, under the head of " New Mexico." I call your atten- tion to the item relating to the Santa Fe day school, from which it appears that the expenditures for construction, repairs, rent, and mis- cellaneous expenses amounted to $31,609.71. JPlease state whether or not that is a new school, and if not, what school it is that is referred to in this document under the heading " New Mexico." Mr; Elliott. That covers several day schools under the Santa Fe superintendency. Mr. Burke. If you will indicate what those day schools are on pages 4 and 6 of this document, I will check them off so we will know what they are. Mr. Elliott. One is Cochiti day school. Mr. Burke. What page is that on? Mr. Elliott. That is on page 5 and it is the fourth item. TM schools are the following : Cochiti, Jemez, Nambe, Picuris, San Ilde- fonso, San Juan, Santa Clara, Sia, and Taos. Mr. BuEKE. Then the words " day school " should be " day schools." Mr. Elliott. That term " day school," as used in there, is always in the singular, and it simply distinguishes between day schools and boarding schools. It may refer to one day school or a dozen day schools. Mr. Burke. I wish you would furnish us a statement in detail showing the number of schools that were erected or repaired and the amount expended at each and the conditions that made the expendi- tures necessary. Mr. Meritt. The information requested is as follows : The items for construction and repairs as corrected are given as follows, and also the nnmes of the schools and the amounts used at each: Construction $30,653.62 Repairs 504.99 Kent 430.00 Miscellaneous 21.10 Total 31,609.71 The expenditures on account of construction were as follows : Teachers' quarters at Santa Clara $6,056.10 Schoolhouse at Santa Clara 6,285.00 Schoolhouse at Cochiti 5,510.00 Schoolhouse and teachers' quarters at Santo Domingo 12,262.62 Water and sewer system at Cochiti (partial payment) 540.00 INDIAN APPEOPBIATION BILL. 141 The expenditure on account of rent was as follows : Quarters for day school and teacher : Santa Clara i $120 Picuris 110 Oochiti 100 Nambe 100 Total 430 The $504.99 was for various repairs at the different schools. There are at Santa Clara, 81 ; at Cochiti, 51 ; and at Santa Domingo 317 Indian children eligible for enrollment. The Indians of these pueblos have resisted the construction of day schools, and heretofore such schools as have been maintained have been unsatisfactory, due to insufficient accommodations and unsuitable buildings. Mr. Burke. I call your attention to the items on page 10 of this document, under the head of " Oklahoma." Please refer to the con- struction item for the Kiowa Riverside boarding schbol, amounting to $7,068.80. What school does that refer to on page 5 of this docu- ment? It must refer to the school at Anada'rko. I wish you would furnish us with the same data as to this school that we have asked for as to the others. Mr. Meeitt. The information is as follows : There are four boarding schools under the jurisdiction of the Kiowa superin- tendency, the agency headquarters being located at Anadarko, Okla. The word " Kiowa " on page 10 of House Document 329, before the words " Riverside Boarding School," should be omitted, showing the four schools mentioned as being under Kiowa. The Riverside Boarding School, on page 10, is the same as the Riverside Boarding School on page 6, House Document 330. The amount of expenditures for construction, $7,068.80, Riverside Boarding School, comprises payment under contract which provided for the construction of a brick dormitory to replace the one which had been burned. The contract price was $17,304.22, a balance of $10,233.42 yet remaining unpaid. Mr. Btjrkb. I now call your attention to the items on page 11 of this document under the head of " Wyoming." The items for con- struction, repairs, etc., for the Shoshone day school amount to $2,154.76. What school does this item refer to? Mr. Elliott. That refers to two day schools under the Shoshone superintendency, one of them being located at Crow Heart and one at Arapahoe. Mr. BuEKE. The two schools that appear on page 6 are located at Arapahoe and Crow Heart? Mr. Elliott. Yes, sir. Mr. BuHKE. There is an item on page 7 of the document, under the head of " California," relating to the Fort Bidwell day school, and it appears that the amount expended for construction, repairs, etc., was $5,143.95. At that point we havfe provided by specific appropriation for a boarding school. Now, do I understand that in addition to that school there are some day schools? Mr. Elliott. There are three day schools. Mr. BtTEKE. And this item has reference to those day schools ? Mr. Elliott. Yes, sir. Mr. Burke. Will you indicate on page 3 what those three day SCllOols SjVQ . Mr. Elliott. Likely day school, Alturas day school, and Lookout day school, the last-named school being now under construction. Mr. BimKE. That is not on this list? Mr. Elliott. No, sir. L42 INDIAN APPROPEIATION BILL. Mr. BuEKE. You seem to have an attendance at one of these schools )f 14 and an attendance at the other of 8. Is that considered a suiR- nent attendance to justify the expenditure of over $5,000? Mr. Carter. Not for that one school. Mr. Burke. For the three schools. The expenditure for the school aow under construction must be paid out of the school appropriation ind would not be included in this. Mr. Carter. I think there was little or no expenditure made at the Alturas day school. There was a larger expeiiditure at Likely, where bhey are building a new "plant. Eight is a small attendance for a 3chool, but it is thought that the attendance will increase with better facilities. Mr. Bttrke. I think you had better furnish the committee with the data upon which the authorization was made for the expenditure of that amount for schools at that point. Mr. Meritt. The information is as follows: There are maintained tliree day schools under the Fort Bidwell Indian School. At Alturas the Government owns no building, but school has been maintained in a building built by subscription from Indians and whites. It has a capacity of 24 pupils with an enrollment of 9. The Government fur- Qishes one teacher for 10 months at $72 per month. Likely Day School, with a capacity of 26 pupils and an enrollment of 19, at which the Government furnishes a teacher and housekeeper. At this place the Government owns a school building and quarters, consisting of schoolroom, pupils' kitchen and dining room, and teacher's quarters, consisting of two bed- rooms, kitchen, and living room, constructed at a cost of $4,875. At Lookout there is a school with a capacity of 18 and an enrollment of 7, for which the Government furnishes a teacher. The -building was purchased from 1 disbanded public school district for $40, moved on an Indian allotment, a portion of which was relinquished for school purposes and repaired at an 3xpense of about .$250. The superintendent reported on November 27 that as soon as Indian parents returned from their trip into distant parts, where :hey were digging potatoes, the school enrollment would increase. These expenditures, amounting to $5,165, are the expenditures referred to m page 7 of House Document 329, after " Day school," under Ford Bidwell. Mr. Burke. Now, I want to ask you about one or two other items jn page 7 of this document, under the head of " Arizona." Under ;he head of " Camp Verde day school " there is an item of $300 for rent, and I would like to ask you, first, if it is the policy of the jffice to rent buildings for school purposes, and, then, how it happens ;hat there is an expenditure for rent at this point. Mr. Carter. The Camp Verde Indians have never been allotted, md the question of procuring a permanent location for them has )een before the office for some time. Until they are definitely ocated, it is not thought advisable to erect school buildings for them, md school quarters are rented. Mr. Burke. What are these quarters and where are they located? Ire they in town or on the reservation? What do they consist of? Mr. Carter. They consist, as I recall, of the quarters for the eacher and the room in which the classroom exercises are held. They ire not near any town, but are situated in this Indian community. Mr. BuiiKE. Do you have any information as to what the character >f the building is in this instance ? Mr. Carter. I recall that the records of the office show that the (uarters are not satisfactory, but they are the best obtainable in INDIAN APPEOPKIATION BILL. 143 Mr. Carter. Yes, sir. Mr. Burke. I wish you would furnish us with a statement showing the character of the building at this point and the size of it. Mr. Carter. The information is as follows : A lease on file in the Indian Office describes the premises rented for school purposes at Camp Verde as follows : "Nine rooms in an adobe building and for playgrounds, barn, and cor- rals, etc." The Government pays $25 a month for the rental of these premises, which Includes water supply. This building includes classroom, storeroom, teacher's quarters, office, etc. Mr. Burke. Under the head of " California," on page 7, I notice that $540 is expended for rent at the Bishop day school. What are the conditions there ? This, I believe, is a day school, with an aver- age attendance of 31. Mr. Eljjott. There are three day schools under the Bishop super- intendency. They are what are known as the Bishop day school, the Independence day school, and the Big Pine day school. You will find them on page 3. Mr. BuEKE. The rental at this point is for the three places where schools are maintained ? Mr. Carter. That is the rent for the superintendent's quarters — the quarters for the superintendent of the Bishop school. The Chairman. Do you furnish the superintendents a residence at a cost of about $50 per month rental ? Mr. Carter. He is the superintendent who has charge of the three day schools and of the Indians in that community, and we pay rent for 12 months in the year. The Chairman. Suppose you do; it is almost $50 per month. What kind of house is he living in ? Mr. Carter. The records will show of what character the house is. Mr. Burke. An eight-room house in many cities such as we have in the West would rent for from $20 to $30 per month. If all of this is expended at one place, here is a rental of $45 per month for the superintendent's residence. He ought to be living out on the reser- vation somewhere, where the rent would not be anywhere near that amount. Mr. Meritt. We will get from the office records a statement show- ing exactly what this money is expended for. If it is being expended as rent for a home for this superintendent, I think it is too much. Mr. Burke. There may be some explanation. The Chairman. Is there any agency building there ? Mr. Carter. There is no agency building. He has office quarters and whatever other room is necessary. The information regarding this matter is as follows : The office records show that there were $300 expended for an office for the superintendent of the Bishop School. This superintendent has charge of the three-day schools, Bishop, Big Pine, and Independence, and the Indians in that section of the State. Also, an expenditure of $240 for a residence for tha superintendent, making a total of $540 for rent. Mr. Burke. On page 9 of this document, under the head of " New Mexico," I call your attention to the item relating to Pueblo Albu- querque. It appears that the item for rent at the Pueblo Albuquerque iay school is $969. What is the explanation of that? 144 INDIAN APPBOPEIATION BILL. Mr. Elliott. It is for rent of school buildings for schoolroom pur- poses and quarters for the teachers at the different day schools under the Albuquerque superintendency. Mr. Btjeke. I. think you had better furnish a detailed statement showing how that amount is expended. Mr. Meeitt. We will do so. Mr. Burke. In the next column, under the head of " Miscella- neous," I note an expenditure of $897.28. There is a reference to a footnote, which says, " Land, $890.68." What was that expended for? Mr. Caetee. There are nine day schools under the Albuquerque Pueblo superintendency, and three or four of those are in rented quarters. I do not remember the exact number. Last year condem- nation proceedings were entered into in order to procure land at several different places on which to construct buildings for the day schools. That was an allowance for the land. Mr. Burke. That was to pay for land acquired for school sites ? Mr. Caetee. Yes, sir. Mr. BuEKE. There was an expenditure of $9,195 for construction. Does that item have reference to several schools at that agency or was it mostly expended for one? Mr. Caetee. I think that was mostly expended at one school, be- cause building operations are expensive there, and at one of the day schools there I recall the building for the day school and the quarters for the teacher cost, under contract, about $9,000. Mr. BuEKE. I think you had better furnish us with a detailed state- ment as to the items for construction and rent, and verify your state- ment about the land, if there is any doubt about it. I assume that i* correct. Mr. Caetee. We will do that. The information is as follows : School building and employees' quarters at Mesita day school $4,095.00 School building at McCarty's day school 4,296.00 Coal house at McCarty's day school 200.00 Coal house at Mesita day school 200.00 Coal house at San Felipe day school 200.00 Coal house at Laguna day school 200.00 Total 9,191.00 The expenditure on account of rent was as follows : McCarty's day school, schoolroom $60.00 McCarty's day school, teacher's quarters 60.00 Paguate day school, schoolroom and teachet's quarters 120.00 Seama day school, schoolroom and teacher's quarters 120.00 Encinal day school, schoolroom and teacher's quarters 156.00 Paraje day school, schoolroom ; 24.00 Paraje day school, teacher's quarters 24.00 Acomita day school, schoolroom and teacher's quarters 120.00 Mesita day school, schoolroom and teacher's quarters 45.00 Isleta day school, schoolroom and teacher's quarters 120.00 Isleta day school, schoolroom and assistant teacher's quarters 120.00 Total 969.00 The expenditure for land was as follows : Site for school, Paguate day school ^ $839.00 Site for school, Acomita day school 51.68 INDIAN APPEOPgiATION BILL. 145 The Chairman. What is the next item « Mr. Meeitt. The next item is : ,„f^'' <'°'^?t™ction, lease, purchase, repairs, and improvements of schools and tt?^^\^aT ' ?^* ^^^- Commissioner of Indian Affairs is hereafter au- thorized to allow employees m the Indian Service, who are furnished quarters, necessary heat and light for such quarters without charge, such heat :nul light to be paid for out of the fund chargeable with the cost of heating and light- ing other buildings at the same place: Provided further, That the amount so expended for agency purposes shall not be included in the maximum amounts for compensation of employees prescribed by section one, act of August twentv- fourth, nineteen hundred and twelve. lwculj, We offer for the record the following justification : INDIAN SCHOOL AND AGENCY BUILDINGS. Fiscal year ending June 30, 1914: Amount appropriated $400, oOO. 00 Fiscal year ended* June 30, 1913 : "" Amount appropriated 480 000 00 Amount expended 386, 952. 06 Unexpended balance 93_ 047. 94 Note. — This is not a final balance, and outstanding indebtedness against the appropriation will undoubtedly materially reduce the balance given. ANALYSIS OF EXPENDITURES. Salaries and wages (supervisors of construction, engineering, etc.)_ $9,638.60 Traveling expenses 4, 624. 89 Telegraph and telephone service 112.98 Printing and advertising 394.39 Equipment 72. 50 Construction 223, 472. 97 Repairs and Improvements 123,826.40 Land 1, 370. 68 Rent 1 23, 342. 85 Notary fees, etc 13.00 Miscellaneous 82. 80 386, 952. 06 INDIAN SCHOOL AND AGENCY BUILDINGS, 19113. Amount requested for construction, lease, purchase, repairs, and improve- ments of school and agency buildings and sites, and for sewerage, water supply, and lighting plants, $480,000. The superintendents of the 92 schools and agencies entitled to the benefits of this appropriation have requested — For general repairs $156,755 For construction 1, 005, 421 For rent and miscellaneous 9, 842 Total 1, 172, Oia The approximate valuation of the school and agency plants, for whose benefit the money will be expended, is: Land $1. 670, 000 Buildings 3, 882, 000 Total 5, 552, 000 24455—14 ^10 146 INDIAN APPKOPEIATION BILL. In the Indian Service the plants are subjected to hard usage, and it has been found difficult in the past to keep the property in good condition with the expenditure of the amounts which have been available. It is customary to allow from 5 to 10 per cent of the value of the real estate for the necessary repairs and upkeep, and in the Indian field service the rate will undoubtedly be nearer 10 per cent than 5 in many cases. Five per cent of the valuation given will be $277,600, leaving a balance available from the proposed appropriation of $202,400 for the construction of buildings, furnishing of such equipment as becomes part of the realty, improvements to water, sewer, heating, and lighting systems, etc. Although the Indian ser^ace has endeavored to meet the most necessary requirements at the schools, so far as money has been available for the purpose, yet It is nevertheless true that the matter of the upkeep of some of these plants has lagged and at many places extensive repairs and improvements are needed. It will be noted that the unexpended balance from the same appropriation for the fiscal year 1915 is not a final balance and will undoubtedly be materially diminished, for the reason that liabilities are yet to be charged against the appropriation. In using an appropriation for buildings and improvements, it is found that owing to the necessity for the careful preparation of plans and specifications, advertisements for bids, and preparation of contracts, the be- ginning of the actual work is frequently delayed until near the close of the fiscal year. Work upon these projects may not be completed until the ensuing fall; therefore, not all claims and obligations against the appropriation can be ascertained and charged for several months thereafter. As to new construction. It was said in justification of the requested appro- priation of $600,000 for the fiscal year 1914, that the necessity therefor arises In various ways. Occasionally buildings are destroyed by fire and it is well known that the United States carries no insurance on its real estate. Such buildings must be replaced; agencies are transferred or consolidated, requiring new sites and new buildings ; some schools must be enlarged in order to provide for Indian children now without school facilities ; new school plants which have been started have not yet been completed, and necessary buildings or equipment are added in successive years as funds are available therefor ; many school and agency plants, equipments for heating, lighting, water, and sewerage are old, obsolete, or worn out and present a condition which must be remedied. This year in their estimates of the needs for necessities, superintendents have called for school buildings, office buildings, dormitories, additions to buildings, such as porches or otherwise, dairy bams (of which there are few up-to-date structures in the service), lighting systems, electrical or otherwise, to replace kerosene lamps or other obsolete and dangerous methods of lighting, improved water supplies, pumping engines, tanks, cottages required for employees where suitable quarters have never been provided, and many other structures and improvements. If approximately $200,000 of the proposed appropriation is available for the constructive projects, this amount will be a conservative and reasonable esti- mate, not, however, fully adequate for the present needs of the Indian field service. The justification for item No. 9, " Industrial work and care of timber," sets forth in detail the duties of farmers employed to work among the adult Indians, and the system of dividing the Indian reservations into farm districts with a view of bringing the farmers in the closest possible proximity to the activities of the Indians. In carrying out this plan the greatest obstacle now met with is to provide these farmers with quarters for themselves and families and accommo- dations for teams, etc., required in their work. At present it is necessary to lease quarters in a number of places, sometimes utilizing therefor homes of Indians, who, could other quarters be provided, would much prefer their homes themselves. On account of the contemplated increase in number ot farmers and stock- men to be thus stationed among the Indians, this need for .-idequate quarters will be much more pressing. It is ei?tJmated that at leest $.50,000 should be used immediately for this purpose. In several instances it will be quite imprac- ticable to carry out the plan of placing farmers among the Indians until quar- ters can be had. It is useless to expect such employees to accomplish worthy results where they have to live miles from their fields of activity or have to leave their families behind for want of houses in which the families can live. INDIAN APPBOPEIATION BILL. 147 The Chairbian. I see you have increased that from $400,000 to $480,000. What justification have you for that increase? Mr. Meeitt. The justification fully explains the necessity for the increase. Last year the office asked for an appropriation of $600,000 for this work, but Congress continued the appropriation at $400,000. We find that the superintendents in the field submitted estimates for this work amounting to $1,238,432. We have cut those estimates of the superintendents to $480,000, which is about one-third of what was estimated as actually needed by the superintendents in the field. The Chairman. I see you add in line 10, on page 7, the words " and sites." Why is it necessary to add that language? Mr. Meeitt. We have been using this appropriation for the pur- chase of sites for day schools and necessary sites in connection with the Indian Service, and we thought that we would make that abso- lutely clear so that no question might be raised by the comptroller or auditor. The Chairman. And I see that farther down, in line 18, you have inserted the word " hereafter " and stricken out the word " hereby." Mr. Meei'it. Yes, sir; that is done in order to obviate the neces- sity of including this legislation in each appropriation bill. Con- gress last year provided this appropriation and this will be a continu- ing ^appropriation hereafter if the word " hereafter " is used. The Chairman. Does this appropriation provide for agency buildings, school buildings, etc., on the reservations, and, also, for nonreservation schools? Mr. Meritt. The construction and repair work on nonreservation schools is specifically provided for. This appropriation provides for day schools and reservation boarding schools. The Chaieman. On reservations? Mr. Meeitt. Yes, sir. The Chairman. Then, if they are on the reservations, why do you have to buy sites on these reservations in the Indian country ? Mr. Meeiit. On a large number of our reservations the lands have been allotted, and we occasionally find it necessary to buy lands that have been allotted to Indians. The Chairman. And it is for that purpose that the word " sites " is inserted ? Mr. Meeitt. Yes, sir. The Chairman. If the lands were unallotted, you would have .the right to dedicate them to these purposes? Mr. Meeitt. Yes, sir. Mr. Caeter. Mr. Meritt, I understood you to say something here about some part of this expenditure being made on account of farm- ers or farmers' cottages? Mr. Meritt-. A part of this money will be used in providing quar- ters for farmers on reservations, who are now living in tents. We find it difficult to get men of proper experience who are willing to subject themselves to that mode of living. Mr Carter. I notice you say here that " It will be noted that the unexpended balance of the appropriation, because the fiscal year 1915 is not finally balanced, will undoubtedly be materially diminished. You do not mean the unexpended balance for the fiscal year 1915, do you ? 148 INDIAN APPROPRIATION BILL. Mr. Meritt. No, sir; that refers to the unexpended balance for the year 1913. Mr. Caetee. You have it 1915 here. The Chairman. Yes; on page 2 of your statement. Mr. Carter. You mean this for the year ending June 30, 1913?, Mr. Meritt. Yes, sir. Mr. Carter. Is it possible that you can not tell us yet what your balance will be for the year ending June 30, 1913 ? Mr. Elliott. We can tell you what has been expended since that statement was prepared. Mr. Cartel. We would like to have you give us a statement of what has been expended since that time. It seems to me that it ought to be possible to give these balances accurately at the time the justifi- cation is made up. Mr. Meritt. We have here Mr. Elliott, from the Finance Division, and I would be glad if he would explain that. Mr. Carter. When were these justifications made up ? Mr. Elliott. On October 1. Mr. Carter. Do they show the money expended up to October 1 or the balances left on June 30 ? Mr. Elliott. We included all expenditures on account of liabilities for the fiscal year 1913 that had been paid up to the first day of October, 1913, with the exception of what might have been paid by the disbursing officers in the field. Mr. Carter. That you had not reported ? Mr. Elliott. At that time. We have figures here that show how much that appropriation has been reduced. ' We have a statement prepared showing the balance existing at this time in connection^ with this appropriation. It has been reduced from $93,000 to $48,000. The Chairman. We will be glad to have that statement. (The statement referred to is as follows:) INDIAN SCHOOL AND AGENCY BUILDINGS, 1913. Since the statement was prepared the following transactions have occurred; Claims entered $27,800.11 Sent to disbursing officers in the ileld for use in the field quarter— 17,050.02 Total 44, 850. 13 Balance reported 93,047.94 Deduct 44,850.13 Now 48,197.81 Mr. Carter. Have you a statement showing how much outstanding indebtedness there is ? Mr. Meritt. We will be glad if this appropriation can be made immediately available and made tp remain available until expended. It would help us in making our contracts, as often we can not, during the fiscal year, get the buildings constructed or started. If this could be made a continuing appropriation it would be very helpful. The Chairman. If that is true, how will We be able to estimate the amount expended ? "5 INDIAN APPBOPBIATION BILL. 149 Mr. Meeito. We would submit a detailed statement as to the ex- penditures during each fiscal year and this committee would continue to control the amount of money appropriated. Under the limitations, we have a great many difficulties, as often we have to rush work that ought to be given more consideration. We ask that this be made immediately available and remain available until expended. Mr. BuBKE. Mr. Meritt, House Document 329, Sixty-third Con- gress, second session, is a statement of the expenditures for the fiscal year 1913 out of this proposed appropriation, is it not ? Mr. Meeitt. Yes, sir. We are required, under the law, to submit this report each year, under the act of March 3, 1911. Mr. Btjeke. I would like to know whether or not construction work or repair work or the cost of acquiring sites would be paid from the appropriation of $1,420,000 for the support of the Indian day and industrial schools ? Mr. Mekitt. No, sir. Mr. BuKKE. This appropriation is asked for the purpose of con- struction work and repair as to buildings entirely located on the Indian reservations? Mr. Meeitt. Yes, sir; and for such Indians as may be located on the public domain. We might use a part of that for that purpose, but it would only be a small part. Mr. BuEKE. My recollection is that the principal reasons why we have made this appropriation have been upon the representation of the necessity for a liberal appropriation for repairs, considering the great number of buildings that are around the different Indian reser- vations ? Mr. Meeitt. Yes, sir. Mr. BuEKE. And, as I recall, the value of these buildings has been given at one time, and I think there is a document that shows that. Can you give us the value? Mr. Meeitt. It is estimated that the school buildings are valued at about $12,000,000. Mr. BuEKE. Does that include the agency buildings and the other buildings in connection with agencies and schools ? Mr. Meeitt. I think so. Mr. Btjeke. In any event, the value of all these buildings is sev- eral millions of dollars, and on a percentage basis the amount asked would certainly be reasonable. That has been my opinion. But I notice in your analysis of the expenditures of this item that you have expended for new construction $223,472.92, which would indicate that while it is ostensibly necessary for repairs that more than one-half of it is used in building new buildings. Is that not true ? Mr. Meeitt. Yes, sir. The item, I notice, reads " for construc- tion." Mr. BuEKE. I understand, but I want to call your attention to the fact that there is more being used for construction than there is for other purposes. Now, I am going to call your attention to House document 329, Sixty-third Congress, second session, page 2, and I find there that there has been expended from this appropriation at Shoshone, Wyo., $5,950 for a superintendent's cottage. I find that at Tongue River, Mont., there has been expended for a frame cottage for the superin- tendent $3,776.27. Then, dropping down a little further, at Western. 150 INDIAN APPEOPEIATION BILL. Navajo, Ariz., I find that there has been expended for cottages $4,121.60. I also find that at White Earth there was an expenditure for cottages of $6,183. I would like to know if that is not a rather extravagant appropriation, to provide a cottage for any employees in the Indian Service who may be residing upon an Indian reservation ? Mr. Meeitt. I want to say, Mr. Burke, that it is my opinion that there has been a tendency in the past (which has been noted by the commissioner) for employees on certain reservations to arrange quar- ters for themselves which are inclined toward extravagance, as com- pared with the conditions under which the Indians on that reserva- tion are living and working. I feel rather strongly about this par- ticular point which you have raised, and so far as my influence goes, and I think I can speak for the commissioner, hereafter when appro- priations are made by Congress they are going to be used more largely to benefit the Indians of the country rather than to provide luxurious quarters for employees. I will not attempt to justify ex- pending $6,000 for a superintendent's cottage on a reservation. Mr. Btjeke. I notice that at Coeur d'Alene, Idaho, we have, among other things, an expenditure for office, warehouse, jail, seven cottages, and the water and sewerage systems, $31,251.10, and then I find that at Colville, Wash., there was expended for office, employees' building, barn, eight cottages, and water and sewerage systems, $26,196.39, but that is in the construction of new agency buildings. We saw those buildings. There is a good plant there. Mr. Meeitt. Yes, sir. Mr. Btjeke. There is a big reservation there and a large number of Indians, and I have no criticism of the expenditures at that agency. While the buildings, possibly, might have been con- structed less expensively, at the same time they are all right, and I will not criticize that. But I do believe, Mr. Meritt, that this expenditure of $248,818.80, as shown by this statement, can not be justified, and it will warrant Congress in .either reducing the appropriation substantially, or put in a limitation that hereafter no construction work can be even undertaken to cost above a certain amount without authority of Congress. It indicates what Congress has constantly commented upon, that when appropriations are made without limitation for construction work it invariably leads to extravagance. Mr. Meeitt. Mr. Burke, we are going to guard the appropriations provided for in this bill very carefully, and I assure this committee that in the next report submitted to Congress by t'he office in pur- suance of law, you will not find any item snowing a superintendent's cottage being constructed out of this appropriation for $6,000 or $7,000. Mr. Btjeke. I am inclined to think that if there is not going to be used more than $123,126.40 for repairs and improvements, that we had better materially reduce this appropriation, and that will stop extravagance. .__— — Mr. Meeitt. This appropriation has been used for construction, when the office should, I think, have used a large amount of it for repairs. We have, as you know, a large number of buildings on reservations that are old, and they are in serious need of repairsj but we also need additional facilities with which to provide schools for the Indian children who are now without school facilities on INDIAN APPEOPEIATION BILL. 151 Indian reservations, and we will use during the next fiscal year a much larger proportion for repairs than is shown by this report. Mr. Burke. This item appearing on line 17, page 7, of the bill, which you now desire to be made the law, was put in the bill for the last fiscal year, I believe, so that it has only been operating since the 1st of July? Mr. Meeitt. Yes, sir. Mr. BuEKB. Before making that permanent legislation, do you not think it would be better to wait until we can have some information as to whether it is adding materially to the expense of Indian schools, as to whether or not it ought to be continued? Mr. Meeitt. I think that would probably be advisable, and we would have no objection to changing the word " hereafter " to "hereby." I want to state for the record that these reports which Congress is requiring are proving a great benefit to the office, as well as furnishing information to the Congress. I believe that under this item of legislation which was incorporated in the bill while Mr. Burke was the chairman of this committee, we are getting very bene- ficial results, and we are glad to cooperate with the committee to furnish all information available. It will help us correct abuses existing in the Indian Service as well as to show those abuses to Congress, and we are very glad' to have these reports submitted to Congress. The Chaieman. I would like to ask a question about the dormi- tories which are mentioned on page 2 of document 329, the dormitory at Yankton, S. Dak., and the dormitory at Kiowa, Okla. Are both of those nonreservation schools ? Mr. Meeitt. Those are reservation schools. The Chaieman. Both reservation schools? Mr. Meeitt. Yes, sir. The Chaieman. Then you have constructed dormitories without any authorization? Mr. Meeitt. I might state for the record that the dormitory at the Yankton, S. Dak., school was constructed to take the place of the dormitory which was burned down. The Chaieman. They had never had one at the Kiowa school, in Oklahoma. Mr. Meeitt. That was a new dormitory, to replace the burned building. Subcommittee of Committee on Indian Affairs, House or Repeesentatives, Tuesday, December 23, 1913. The subcommittee met at 10 o'clock a. m., Hon. John H. Stephens, of Texas (chairman), presiding. . ^ t j- Mr. Burke. Mr. Chairman, before we leave item JNo. b, Indian schools and agency buildings, I would like to ask Mr. Meritt one question that I omitted to ask the other day. Eefernng to House Document No. 329, Sixty-third Congress, second session, there appears to be an item of expenditure for buildings, etc., including office and cottage, water and sewer system, at the Colville Reservation m the State of Washington. I think I mentioned that the other day. 1 wish you would furnish us a detailed statement showing the total 152 INDIAN APPROPKIATION BILL. amount that has been extended or is under contract to be expended for new buildings and equipment in connection with that agency, which I understand is a new agency, on the reservation, the agency having been removed from old Fort Spokane. Mr. Mehitt. The information requested is as follows : Statement of fvnds expended and authorized to be expended for the construc- tion of the new agency plant for the Colville Indian Reservation. 1 mess building, 1 office building, 4 four-room cottages, 1 six-room superintendent's residence, 6 five-room cottages, 1 five-room cot- tage and pbysiclan's office, etc., 1 barn, 1 warehouse, 1 icebouse, water system, sewer system ' $40,812.11 Freighting 13, 140. 00 Sawing, logging, eta., in the manufacture of lumber to be used in plant 3, 041. 58 Ctostruction of telephone lines' 600.00 Extra telephone tolls 50.69 57, 643. 69 Mr. Burke. In view of the amount that has been expended at this, agency, which being a new proposition required an unusual expendi- ture, will it not be possible to reduce this item for agency buildings below what has been estimated in this present bill ? Mr. Meeitt. I think it would be inadvisable to reduce our esti- mates for the reason that the appropriation which has been pro- vided heretofore by Congress has been inadequate to keep the build- ings in proper repair and at the same time do the necessary new construction work. We have buildings estimated to be worth about $12,000,000, and with the money available it only allows us about three per cent for improvements, in addition to the amount neces- sary for construction. Mx. Burke. But the analysis of the appropriation for the fiscal year ending June 30, 1913, on the basis of the figures you have just stated, shows that only about 1 per cent was expended for repairs and improvements. Mr. Meritt. I think the work of repairing the buildings has been neglected to a certain extent in order that money for new construc- tion might be available, and I am inclined to believe that that is a mistake, and that we should spend more of this money for keeping the buildings we now have in proper repair. Mr. Burke. As I said the other day, we have been maldng this appropriation on the theory that a large amount was necessary for repairs and improvements, and I believe it would be better adminis- tration and better legislation if this appropriation was made so that the amount for construction would be definitely stated, so that we would have some information as to what was contemplated so far as new construction in the next fiscal year is concerned. Mr. Meeitt. If you wish that information, Mr. Burke, we can get up a statement showing the approximate amount that will be used under this appropriation, if passed, for construction work, and we would have no objection to Congress placing that lirritation on the amount for construction. ^ This item is not duo to the change in the location of the agency, but results from a general Improvement and extension of the system which was undertaken in connection with the building of the new plant in order to provide better facilities. INDIAN APPBOPEIATION BILL. 153 The Chairman. What is the next item you desire to take up ? Mr. Mekitt. The next item, Mr. Chairman, is : For collection and transportation of pupils to and from Indian and public schools and for placing school pupils, with the consent of their parents, under the care and control of white families qualified to give them moral, industrial, and educational training, $82,000: Provided, That not to exceed $5,000 of thla amount may be used in the transportation and placing of Indian youths in posi- tions where a remunerative employment may be found for them in industrial pursuits. The provisions of this section shall also apply to native pupils of school age under 21 years of age brought from Alaska. We offer for the record the following justification: Indian-school transportation. Fiscal year lending June 30, 1914, amount appropriated $82,000.00 Fiscal year ended June 30, 1913 : Amount appropriated 82, 000. 00 Amount expended 70, 703. 90 Unexpended balance 11, 296. 10 This is not a final balance, because it is probable there yet remains some outstanding indebtedness to be charged against the appropriation. Analysis of expenditures. Transportation of pupils $70, 703 Number of children enrolled in nonreservation schools during past three years. 1911 8,013 1912 7,662 1913 ^ 10,702 Transportation of pupils — Indian-school transportation, 1915. Amount requested $82, 000 Of the amount given it is provided that not to exceed $5,000 shall be used In the transportation and placing of the Indian youths in positions where remunerative employment may be found for them in industrial pursuits. The provisions of this item also apply to native pupils of school age under 21 yeara brought from Alaska. This appropriation is used chiefly for transportation of pupils to and from nonreservation schools, including necessary expenses of escorts in some cases. Also a small part is used for transportation of the pupils to reservation board- ing or day schools where children live at such distances as to render this necessary. The number of pupils to be so transported varies from year to year, and it is Impossible to know In advance how much money will be required or the exact number of pupils for whom money must be so expended. Formerly in the case of several schools the specific appropriation for support included transportation of pupils. This is not now the case at any school; therefore the appropriation for transportation is the only fund available for the purpose. During the fiscal year 1913, in one instance at least, " Indian moneys, proceeds of labor " was used to supplement the appropriation, but this fund is not logically applicable for expenses of this character. While the Indian Ofllce is not in a position to say positively that there will be no unexpended balance from the appropriation, yet the possible occasion for more money than might be appropriated would result in serious hardship to Indian children. Such occasion for more 'money would necessitate a denial of applications on behalf of eligible children who should be given school facilities, or if all applicants should be admitted there would not remain a suflScient bal- ance at the close of school to send home those who are entitled to be returned at Government expense. 154 INDIAN APPEOPEIATION BILL. This is the same amount appropriated last year. The Chairman. You have an unexpended balance of $11,296.10. Explain that also. Mr. Meritt. That shows the amount that was unexpended at the time this justification was made up. The Chairman. Do you think the $11,000 will be used up here- after when the contracts are made? Mr. Meritt. The amount available at this time is $10,712.53. In view of that showing, Mr. Chairman, we are willing to have that appropriation cut to $80,000. The Chairman. I notice you have changed the language, and in line 4 you have added the words " and public," and stricken out the words " the transportation of Indian," so as to make it read : " For collection and transportation of pupils to and from Indian and public schools, and for placing school pupils, with the consent of their parents," etc. Why that change of language ? Mr. Meritt. We found that we needed part of this money for placing Indian pupils in the public schools, paying their transporta- tion. It is only a very small amount, but we thought it would be advisable, so that we would not have any trouble with the Comp- troller, to have this language in the bill. The Chairman. Do you not think the word " transportation " should be left in because all the items of the bill heretofore have been carried under the head of " transportation of pupils." If you strike the word " transportation " out of the bill, under what head would that come? Mr. Burke. The word " transportation " occurs in line 3. The Chairman. If you strike out the word " transportation," there is nothing left there to justify that heading. Mr. Meritt. That change was made at the suggestion of the chief of the Finance Division, who passes on all these authorities. We have no objection to the wording going back in the bill. Mr. Burke. Do you not think it is in better form as you had it? Mr. Meritt. I think it is ; yes, sir. Mr. Burke. Mr. Meritt, you have an unexpended balance of $11,396.10, as shown by the analysis which you have furnished. There could not be very much to be paid after the fiscal year, I would not think, in connection with that item; and do you state that the amount, $10,000 and something, is the balance now ? Mr. Meritt. Yes, sir. Mr. Burke. And you think that item could be reduced $2,000. Why can it not be reduced $10,000? Mr. Meritt. It probably could be reduced to $75,000, Mr. Burke. We are trying to fill the nonreservation schools to their capacity, and it will require a little additional money for transportation facilities. Mr. Burke. When did the provision with regard to Indians of less than one-fourth Indian blood first go into effect — ^that is, the pro- vision barring them from the schools? Mr. Meritt. Two year ago. Mr. Bubke. So that it really began in the fiscal year beginning July 1, 1912? Mr. Meritt. Yes, sir. Mr. BuEKE. I notice that in this analysis the number of school children enrolled in nonreservation schools for the year 1913 in- INDIAN APPEOPEIATION BILL. 155 creased 3,040 over what it was in the fiscal year of 1912, and nearly 3,000 over what it was in 1911. This would indicate that you have taken a great many Indian children into schools not in school be- fore. What explanation have you as to that ? Mr. Meeitt. We are gradually eliminating from our nonreserva- tion schools Indian children of less than one-fourth blood, and we are trying to get these nonreservation schools up to their full capac- ity. We think it is economical administration to have all pupils possible in those schools, and we are getting more Indians of a larger degree of blood in the nonreservation schools. Mr. BuEKE. Do you not think that the number of children you say are not in school at the present time is substantially the same number that you stated on former hearings? ' Mr. Meeitt. No, sir; I think we have fewer Indian children who are not in Indian schools now than two years ago. Mr. BuEKE. Mr. Meritt, there must be many less than there were then. The provision I refer to would, of course, reduce the at- tendance. Mr. MEErrr. Yes, sir. Mr. Btjeke. And yet the attendance for 1913 shows an increase of 8,040. Mr. Meeitt. That provision would not necessarily reduce the at- tendance. It would eliminate from the schools certain pupils who have been there before. Mr. BuEKE. That would reduce the attendance that had been there previously ? Mr. Meeitt. Yes, sir. Mr. Btjeke. And when you filled their places with children who were eligible, you took care of that many more children ? Mr. Meeitt. Yes, sir. Mr. Btjeke. But the total number enrolled is 3,040 more than it was before? Mr. Meeitt. Yes, sir. Mr. Btjeke. So if that provision eliminated out of all the schools 1,000 children there would be an increase of about 4,000? Mr. Meeitt. Yes, sir. Mr. Btjeke. Keferring to the word "public," which appears to have been added to this provision, I did not understand your ex- planation as to the necessity for that language. Mr. Meeitt. That wording was placed in the bill at the request ot the chief of the finance division, who passes on these authorities. Occasionally it is necessary to use a small amount, a minimum amount, of this appropriation for transporting Indians so they may be able to get the benefit of the public schools. Mr. Btjeke. From one point to another, or from their home to a school that is located somewhere in the vicinity of where they reside? Mr. Meeitt. That is a detail that probably Mr. Carter, who has charge of the school section, can probably answer. Mr. Peyton Caetee. That covers the transportation ot pupils daily to and from schools, and in a number of cases we have found it advantageous to take Indians pupils, where they were conveniently grouped, 5 or 6 miles to a public school and bring them back m the evening, and for that purpose we have used a team and a driver That is done in a number of cases. It is also done by taking some of 156 INDIAN APPBOPBIATION BILL. them to our Indian schools, where Indian children live 3 or 4 or 6 miles from the school. Mr. BuEKE. Can you give us any estimate as to how much is ex- pended for that purpose? Mr. Peyton Caetee. No, sir; not at present; I could not. The records would show. Mr. BuEKE. I wish you would give us information showing the approximate amount expended and the places at which you are ex- pending that money. Mr. Mebitt. The information is as follows: Expended during the fiscal year 1913 in transporting Indian children to and from puhlio schools. Malki Agency: 4 pupils from Cabazon Reservation, Oal., to public school at Indio, Cal_ $120 Fond du Lac Agency: 10 pupils from Fond du Lac Reservation, Minn., to public school at Oloquet, Minn , 75 For the liscal year 1914 it is contemplated expending for. such purpose as follows : Malki Agency, Cal $420 Fond du Lac Agency, Minn 120 Pima Agency, Ariz 120 Soboba Agency, Cal 450 1,110 Mr. Burke. What about this proviso of $5,000? Does your analy- sis show how that was expended? Mr. Meeiti'. Yes, sir. Mr. Burke. The first paragraph of your justification refers to the $5,000 item and the next paragraph, as I understand it, refers to the $82,000 item as a whole ? Mr. Meeitt. Yes, sir. Mr. Burke. Now, what have you to say as to how that $5,000 has been expended, and where? Mr. Meeitt. We will get an analysis of that expenditure and place it in the record, Mr. Burke. Mr._ Burke. I wish you would, and let the statement show in what respect you have placed Indian youths in positions where remunera- tive employment has been found for them in industrial pursuits. Mr. Meeitt. I wish to submit the following in response to your request : Out of the $5,000 set aside for the transportation and placing of ludiau youths in remunerative employment, $1,000 was reserved by the Indian OiEce for the use of superintendents in transporting pupils to places where they are given employment during vacation. From this fund the Colorado River Indian school, Arizona, sent 13 girls to work in families in southern California, and they earned $308.29., The Carson school, Nevada, placed 40 girls in good fam- ilies in Oakland, Cal., and the total sum they received for their work was $1,276. From the Fort Mohsne school, Arizona, over a dozen girls were sent to Los Angeles, Cal., for work during the vacation period, in carefully selected homes. With the $4,000 remaiuiug, the supervisor of Indian employment placed about 308 Indian youths at work. Approximately 278 youths from the Walapai Phoe- nix, Fort Mohave, Leupp, and Fort Apache Indian schools of Arizona, and from the Albuquerque, Santa Fe, and Jicarilla Apache schools of New Mexico, and about 20 Indian youths, nonpupils, were given work in the beet fields of Col- orado, New Mexico, and Kansas. Their earnings amounted to over $20,897. Clerical positions were found in Washington, D. C, for one student from the Carlisle Indian School, and one from the Salem school, Oregon. Two girls INDIAN APPROPRIATION BILL. 157 •were sent from Wisconsin to tlie Dalcotas as clerliS, and two boys from Olclahoma to New Mexico, one as a celrlv, the other to worit on a chiclcen ranch. Two girls from Haskell Institute, Kansas, were placed in good homes in Washington, D. C, to work and attend school. An Indian girl from Texas was given an industrial position in a school in Oklahoma, and one was sent from Missouri to a school in Arizona, as a laundress. About .$8,567.20 was expended in the transportation of these young people, leaving an unexpended balance of about $432.80 on hand June 30, 1913, to be deposited to the credit of the United States. Mr. Carter. Can you give us an estimate of how many Indian children you had in the public schools last year ? Mr. PfirTON Carter. In all public schools we had- .something like twenty-four or twenty-six thousand. Mr. Carter. Indian children? Mr. Peiton Cakter._ Yes, sir. That includes the five tribes, the Indian children attending the public schools in eastern Oklahoma. Mr. Carter. How many have you exclusive of the five tribes ? Mr. Peyton Carter. I think there are approximately twelve thousand. Mr. Carter. What supervision do you maintain over those chil- dren going to the public schools ? Mr. Peyton Carter. There is little or no supervision except that the supervisors, when they are in the vicinity of public schools hav- ing Indian children, visit them, and the teachers of a number of the public schools make monthly reports, which are transmitted through the superintendent nearest where the school is situated to the office, and in that manner we get a definite record of a large number of Indian children, but not all that are in public schools. Mr. Carter. Are very many of these children who attend the pub- lic schools full bloods ? Mr. Peyton Carter. Yes; I think a large per cent, although fre- quently these public schools are in open portions of reservations and in those reservations, which because of the fact the Indians are quite advanced have been opened, there is not a large percentage of full- blood Indians. Mr. Carter. Now, in paying for the transportation of children to public schools, does that mean you pay for the child to go daily to the school or for one trip a year ? Mr. Peyton Carter. Daily to the schools. Mr. Carter. That is to pay the daily expense to and from the schools ? Mr. Peyton Carter. That is not an expense of the pupil, but sim- ply the cost of the team and driver. Mr. Carter. That is what I mean, the daily expense to and from the school. Mr. Peyton Carter. Yes, sir. Mr. Burke. There are some public schools, I presume, where you have to pay tuition for children, are there not? Mr. Peyton Carter. Yes, sir. Mr. Btjrke. About what amount do you pay, per pupil, if you know ? Mr. Peyton Carter. It ranges from one dollar a month to three and a third dollars per month. Mr. Btjrke. At those schools where the Indians live in open por- tions of the reservation, you do not pay anything for tuition, do you, other than the white children, or what do you do? 158 INDIAK APPBOPBIATION BILL. Mr. PErTON Carter. Until recently we paid tuition only where the parents of the pupils were not tax-payers in the school district in which they resided, but that plan has been changed slightly recently. Mr. Burke. An Indian parent living upon his allotment in a ceded portion of the reservation, his allotment not being subject to taxa- tion during the trust period, do not his children enjoy the privileges of the public schools in that neighborhood without the payment of any tuition? Mr. Peyton Carter. In one or two States there seems to be a question about it. The office, though, has taken the position that it will pay tuition for Indian children whose parents are not taxpayers, if that is necessary to get them into the school. Mr. Burke. Can they exclude them ? Mr. Peyton Carter. They have, in some places. Mr. Burke. If an Indian was allotted prior to 1906 and his allot- ment was approved he is a citizen of the State in which he resides and a citizen of the United States, and technically his children, I believe, would be entitled to school privileges if one were maintained in the district in which they resided, and I do not see how they could exclude them. Mr. Peyton Carter. In Montana the attorney general holds that until they have severed their tribal relation they are not entitled, as I remember the decision, to public-school facilities. Mr. Burke. In any event, the amount of tuition is very small. Mr. Peyton Carter. Yes, sir ; very small indeed. The Chairman. Mr. Meritt, I notice this item contains also this language : " The provisions of this section shall also apply to native pupils of school age under 21 years of age brought from Alaska." How many Indian children have been brought from Alaska for edu- cational purposes, and what has been the expense of bringing them? Mr. Meritt. We have very few Indian children from Alaska, prob- ably less than 250, and most of those pupils are in the Chemawa School in Oregon. We can give you the exact number and the amount expended for that purpose and place it in the record. The Chairman. I will be very glad to have it. Mr. Meritt. This information is as follows : In 1913 there were enrolled in tile Salem School 203 Ahiskan pui)ils and, dur- ing the year 1913. 79 were transported at Government expense at a cost of .$1,520.92. At Gushman there were enrolled 46 Alaskan pupils, 17 of which were transported at Government expense, during the fiscal year 1913, costing $336.53. At Sherman Institute there were two Alaskans enrolled, and at Carlisle three, but none were transported during the year 1913. There was expended during the fiscal year 1913, for the transportation of 96 Alaskan pupils, $1,857.45. Mr. Carter. You said something about Indians being prohibited from attending State public schools. What States prohibit Indians from attending their schools ? Mr. Peyton Carter. In Montana, as I remember the conditions, they are prohibited, or there is opposition to them, and in a number of the other States. But the office has not given so much considera- tion to the fact that the States prohibit them from entering, if it finds that they are prohibited or there is opposition to the Indian child going into the public school, as to getting them into some school. We have thought it is better to say to the public schools, " We will make some adjustment of this matter and get them in with your full consent " ; and when there is opposition, either be- INDIAN APPROPEIATION BILL. 159 cause they are sickly or for other personal reasons, we say, " We will pay a tuition if they are not legally entitled to attend the school." Mr. Carter. That is what I want to get. What States are those? Mr. Peyton Carter. I could not tell you at this time because of the fact we have not gone into that matter and the question is unde- termined. For example, in Montana the Indian office is of the opinion that they are entitled to attend, and the attorney general says " No." -^ ^ Mr. Carter. You mean the attorney general of the United States or of that State ? Mr. Peyton Carter. The attorney general of the State of Montana. Mr. Carter. Is Montana the only State ? Mr. Peyton Carter. No ; I think there are others. Mr. Carter. I wish you would give a list of those States for the record. Mr. Peyton Carter. We can furnish such a list, but yet it will take some little time because of the fact that it is hard to determine just what view the State will take in regard to it. Mr. Carter. You are familiar with the laws of the States ? Your subordinates are familiar with the laws of the States in which they are operating, are they not ? Mr. Peyton Carter. Yes; but there is a difference of opinion as to interpretation, as in the case of Montana. Mr. Carter. We would like to have some statement about that. Mr. Meritt. This information is as follows: A large proportion of the Indians of tlie United States are citizens thereof and, consequently, of the State in which they reside. This class embraces those allotted prior to the act of May 8, 1906, those who have severed their tribal relations and have adopted the habits and customs of civilized life, all those whose fathers were citizens, and those who have been made citizens pursuant to any sipecial provisions of law. It is understood that children of this general class are entitled to attend the public schools in all States if either parent is a taxpayer. The office does not recall that any question has arisen nor that any States have desired to exclude pupils of this class on any legal ground. Regarding those Indians who are neither citizens nor taxpayers, the office has uniformly acted on the assumption that they were not entitled to attend State public schools unless by special arrangement with and the payment of tuition to the school districts. There remains a third class, members of which are citizens, but not tax- payers. For these, also, tuition has been paid in the past, and only recently has a question arisen in the State of Montana as to the right of this class to enrollment in State public schools free. In Oregon a question has arisen under a State law providing for separate schools, but the Indians in question were taxpayers and the matter is now in litigation. It is thought the same question has not arisen in any other States, and it is impracticable to say at this time what the proper legal view will be as to the third class of Indians mentioned. It is quite probable that the office will claim that all citizen Indians are entitled to the several rights and privileges in the States in which they reside, by virtue of the fourteenth amendment to the Constitution of the United States. It is true, however, that in the past the office has acted on the assumption that It would prefer to pay tuition rather than have Indian children remain without education opportunities, even though their exclusion from 'any school district should be in violation of the rights of the Indians. Aside from the legal significance of the matter, there has been at times purely local objection to Indian children in the white schools because of the insanitary condition of the children. This is caused by the nature of the Indian homes from which they come daily. It is not the desire of the office to force Indian children who are in improper condition as regards cleanliness or otherwise to associate with white children in any public school. Efforts are made, how- 160 INDIAN APPEOPEIATION BILL. ever, in such cases to get these children in proper condition to attend without objection from the white patrons by putting them in charge of some employee of the service. Mr. BuEKE. Mr. Carter, there are some schools maintained on the Indian reservations, are there not, paid for by the parents of chil- dren who maintain a school in order that they may have a school for their children at vrhich Indians attend, subscription schools? Mr. Peyton Carter. We have no definite record of any. I have in mind two places only where that condition might exist. Mr. Burke. And Indians, if they attended at such schools, would pay the same as other patrons ? Mr. Peyton Carter. Yes. The Chairman. You stated you were trying, and I presume it is the purpose of the office, to fill the nonreservation schools more fully than they are now, and in pursuance of that policy you have now 3,093 more pupils than you had two years ago. Mr. Meritt. In nonreservation schools ; yes, sir. The Chairman. Why does the office discourage the reservation boarding and day schools and try to build up the nonreservation echools ? Mr. Meritt. We are not trying to do that, Mr. Chairman. We are trying to fill all the schools, both the nonreservation, the reserva- tion boarding, and the day schools to their full capacity, so that we can reduce the cost of administration. The Chairman. Is it the policy of the administration to build up the nonreservation schools rather than the reservation schools ? Mr. Meritt. No, sir. The Chairman. Which do you prefer to build up ? Mr. Meritt. Personally, I prefer building up the day schools and gradually getting the Indian children into the public schools. The Chairman. What about the reservation boarding schools? Are you opposed to building those up or do you prefer building those up rather than the nonreservation schools? Mr. Meriti. No, sir. I am speaking personally now, and my idea of Indian education is to educate the Indians so that they will be in close touch with their parents and thus help their parents with the thoughts that the children acquire in the schools. For instance, an Indian child who goes to a day school gets certain thoughts regard- ing sanitation and the proper way of living, and that child takes those thoughts home to the parents each day, and it is very helpful, not only to the Indian child, but to the Indian parents. The Chairman. Then if that is the policy, is it not a bad policji to build up the nonreservation schools as has been done in this bill frequently by putting in 50 or 100 more, and asking for additional buildings, etc. ? Why should not those additional appropriations and additional pupils be. added to the reservation boarding schools and not to the nonreservation schools? Mr. Meriit. I do not believe the office is in favor of building up the nonreservation schools. I think we should keep the nonreserva- tion schools we now have and utilize those to the best advantage, but the tendency should be to get the Indians in the reservation boarding schools and in the public schools. Mr. Burke. Is there any general rule prevailing as to the age at which children are put in nonreservation schools ? Mr. Meritt. Yes, sir ; 14. INDIAN APPEOPEIATION BILL. 161 Mr. Btjrke. Does that apply to all schools ? Mr. Peyton Carter. That is only the relative age. Mr. Burke. I noticed when visiting the Eiverside School that the students were practically, without exception, 14 or over, that the students were practically, without exception, 14 or over, mostly over. I have noticed in some of the schools in South Dakota children very much below 14, and I was wondering whether there is a general rule in regard to it, or rather you have one rule at one school and a different rule somewhere else. Mr. Peyton Carter. There is a general rule, but we find it is neces- sary to make so many exceptions that many pupils below 14 are en- rolled in nonreservation schools. Mr. Burke. That I understand is done where there are several children in one family, and some are over 14 and some are under 14; you allow all the children to go to school; but I was particularly impressed with the school at Eiverside, and I think one or two others that we visited, where I am very certain I did not see any children who were below about 14 years of age. Mr. Peyton Carter. In so far as is possible that should be done. Nonreservation schools are primarily for the advanced pupils, and in those there should be better equipment for industrial instruction, and then only those who are competent to receive that instruction should be enrolled there ; but all through our service there are pupils who can not go to any other school. They may live a long dis- tance from a public school or from an Indian school, and they should be enrolled. Then it is necessary to enroll them even though they are only 8 or 10 or 12 years of age; and in certain districts, for in- stance, Chemawa, there are no reservation boarding schools near ex- cept Cushman, and many younger pupils must go to Chemawa. If they were not enrolled there they could not get an education any- where. Mr. Burke. Has the office ever considered the feasibility of requir- ing prosperous Indian parents to pay for the expense of the educa- tion of their children in nonresidential schools ? Mr. Peyton Carter. I do not know whether the office has con- sidered that or not. Mr. Meritt. While Commissioner Valentine was in office he had that matter under consideration, but the plan was never worked out to a definite conclusion. Mr. Burke. On the theory it would not be practicable, and many children would go without education if their parents were required to pay for their tuition. Mr. Meritt. They found a good many obstacles in the way of that suggestion. Mr. Burke. But there are a great many white men married to Indian women who have children who would be of half Indian blood who are abundantly able to pay for the education of their chil- dren, are they not? Mr. Meritt. There is no doubt about that. Mr. Carter. Have you any restrictions with reference to grade at the nonreservation schools? Mr Peyton Carter. The rule is, that pupils should be enrolled in nonreservation schools when they are 14 years of ag;e or have com- pleted the fourth grade, and a pupil 13 or 12 may have completed the fourth grade and under those circumstances is eligible to attend. 24455—14 11 162 INDIAN APPROPRIATION BILL. Mr. Carter. What is the highest grade you have in the nonreser- vation schools? Mr. Peyton Carter. The eighth grade, and yet there are a^ few schools that do work in English a little beyond the eighth grade which is comparable to first year high-school work. Mr. Carter. What is the maximum age limit at which a child can go to school? Mr. Peyton Carter. The regulations say they are not to be en- rolled after they are 21 without special permission. Mr. Carter. If they are enrolled, can they then go to school after they are 21 ? Mr. Peyton Carter. Yes, sir; they can continue until they com- plete their enrollment. Mr. Carter. Do you think there ought to be some restriction about the age at which a child should cease to be entitled to these school benefits ? Mr. Pefton Carter. Since they can not be enrolled if they are over 21 years without the consent of the Conmiissioner of Indian Affairs, each case must be presented, and in that manner the Indian Office can regulate it. Mr. Carter. But they can be enrolled even in the primary grades at the day schools before they are 21 ? Mr. Peyton Carter. There is no regulation prohibiting that. Mr. Carter. That would give them the opportunity to go to school until they are 29 or 30 if they wanted to stay there. Mr. Peyton Carter. There is no regulation prohibiting that, but I know of no case where a pupil who is 18 or 19 or 20 has been-en- rolled in a day school. That is such an unusual circumstance that it would hardly ever occur. Mr. Carter. I have noticed at several of the Indian schools quite a number of children who seemed to be considerably' over 21 at sev- eral of the nonreservation schools. Mr. Peyton Carter. This is the condition that brings that about: Superintendents find a young man who has never attended any school, who has been unfortunate in that respect, yet is ambitious. He has no trade, he has no land, and he would like to have an oppor- tunity to become a carpenter. He may be 21 or 22. It seems a very logical thing to put him into a school that is splendidly equipped along that line and say to him, " You may have one or two years, and if you devote yourself carefully to this work at the end of that time you will be a fairly good carpenter." Mr. Carter. Does he confine that privilege to those who have no land? _ Mr. Peyton Carter. Not necessarily ; yet that is one of the ques- tions each superintendent should consider. If a young man has land his education should point him back toward his allotment. Mr. Carter. Mr. Meritt, you and Mr. Stephens had a colloquy about the increase of attendance at nonreservation schools. Let me ask you if there has been any increase of attendance at the day schools or the reservation boarding schools. Mr. Meritt. We now have an attendance at the day schools of; 7,359 and at the jeservation boarding schools of 9,523. Mr. Carter will explain about the attendance heretofore at those schools. Mr. Carter. Give us the increase, Mr. Carter, if any. INDIAN APPROPEIATION BILL. 163 Mr. Peyton Carter. In the last year, the enrolhuent in day .schools was 7,359 and the year previous 6.417, showing an increase of nearly 1,000 pupils in the day schools. In reservation boarding schools last year there were 9,523 pupils and the year previous 10.262, showing an apparent decrease of about 700. ' Last year in nonreservation boarding schools there was an enrollment of 10,702 pupils, the year pi-evious 7,662 pupils, showing an increase of about 3,000 pupils. Mr. Carter. Then you had an increase of 300 at the day schools and the reservation boarding schools and an increase of 3,000 at the nonreservation schools 1 Mr. Peyton Carter. I do not think that is a correct statement. Mr. Meritt. The following is offered in explanation of the ap- parent increase of 3,040 in nonreservation schools, as shown in the statement : Last year there were 23 nonreservation schools, whose enrollment consti- tuted the number used lust year for the entire enrollment of . nonreservation schools, which amounted to 7,662. The total enrollment of the same schools, 23 in number, for the fiscal year ending 1913 was 8,964, thus the increase in the enrollment in these nonreservation schools was 1,302 ; of this number, 590 was the actual increase, and the remaining 712 was due to the fact that the 1913 report represented the total enrollment, and the 1912 report the average enrollment. In making up the table which appears elsewhere in this report, in addition to the 23 nonreservation schools last year reported, there were added Fort Mohave and Springfield, with a total enrollment of 278, and the tribal schools of the Five Tribes with a total enrollment of 1,460. This state- ment explains why the 1913 statistics show an increase of 3,040 in the non- reservation schools. Mr. Carter. What is the capacity of the day schools ? ' Mr. Peyton Carter. The total capacity is considerably less than the enrollment represented here. I do not remember the number. Mr. Carter. Do j^ou know what is the capacity of the nonreserva- tion schools? Mr. P*eyton Carter. It is less than the number we have here. Mr. Carter. I wish you would put that information in the record. Mr. Peyton Carter. The total capacity of nonreservation schools is 7,926. Mr. Carter. Don't you think, Mr. Carter, that it would be a better plan to so operate as to increase the attendance at the_ day schools and reservation boarding schools to their fullest capacity? Mr. Peyton Carter. Yes, sir ; I think they should be full. I think there is a splendid opportunity for filling the nonreservation schools • "Mr. Carter (interposing). The day schools naturally are the cheapest schools? Mr. Peyton Carter. Yes, sir. Mr. Carter. When it comes to the actual outlay of money and the amount of knowledge received, computed in dollars and cents, the day schools, I think, are above any of the others. Mr. Peyton Carter. Yes, sir; until the pupils reach the 6th, 7th, or 8th grades. , . „ , , Mr. Carter. Now, then, from the standpoint of economy, would it not be better to direct the efforts of your division toward trying to fill up the day schools as nearly as possible ? Is there any reason why that should not be done ? ,,.....• Mr Peyton Carter. The office is doing that by giving instructions to superintendents to put the young children in the day schools. 164 INDIAN APPEOPEIATION BILL. However, if they can not get into the day schools the next place for them is the reservation boarding schools, and the instructions are that they shall be kept there just as long as they can be consistently with the character of instruction that is given them. But these schools are frequently handicapped because of the lack of facilities for giving, industrial instruction. Mr. Carter. Do you mean at the day schools ? Mr. Peyton Carter. No, sir; at the reservation boarding schools. As soon as a boy has reached the age of 14 years and has been at a reservation school for two or three years, or possibly longer, he has reached the place where that school does not offer him adequate in- struction, and the only logical thing for him to do is to go into a non- reservation school. The apparent large increase in the nonreservation schools has been partly due to this fact, that throughout our reserva- tion schools the superintendents have been frequently forced, owing to the lack of help, to say to the older boys and girls, " You must do a great deal of the routine work about this plant." When they have performed that routine work for a few months it loses its educational value, and the only thing we can do in order to do the right thing by the pupils is to send them away from the reservation boarding school! and say to them, " You should go to an advanced school and receive advanced instruction." Our supervisors have told the superintend- ents, " You ought not to keep these boys and girls any longer; you should send them away " ; and as a result the superintendents of the reservations are sending them away to nonreservation schools. That is what has brought about that increase in the nonreservation schools. Mr. Carter. As I understand it, they have a different course at each kind of school; that is to say, at the day schools the primary grades are taught; at the reservation boarding schools the interme- diate grades are taught; and, then, at the nonreservation schools the highest grades are taught. Mr. Peyton Carter. Yes, sir. At the day_ schools they may run up to the fifth or sixth grade. When the pupil has reached the sixth grade in the day school it is better for him then to go to the reserva- tion boarding school. In these reservation boarding schools they maintain the eighth grade, but the principal work is done in the fifth, sixth, and seventh grades. Mr. Carter. Do you pay the board of any children at the day schools ? Is there any allowance for the board of children at the day schools ? Mr. Peyton Carter. We furnish a noonday lunch at some of these day schools. Mr. Carter. But you do not furnish them with places to li,ve at? Mr. Peyton Carter. No, sir. Mr. Carter. They go from home to school in the morning and return home at night ? Mr. Peyton Carter^ Yes, sir. Mr. Carter. I notice that you have only 7,359 children at the day schools while you have 20,000 children at the boarding schools, in which case you are paying board for 20,000 children as against 7,359 that you do not board. Would it not be possible to work out some plan by which more of these children could be put in the day schools so that the Government would not have to pay the expense of board- ing the pupils ? That is a remarkably small percentage in the pri- mary grades as compared with the 20,000 pupils in the higher grades. INDIAN APPEOPRIATION BILL. 165 Mr. Peyton Carter. That is right, and in so far as we are able we say to the superintendents, "You must keep them in the day schools," and they are being provided so far as we have the funds. You must understand that there are a large number of reservations on which these pupils in the primary grades are going to the board- ing schools. If every Indian community was provided with the same facilities for day-school instruction, then our proportion between the grades would be cori-ect. But where there is not a suiRcipnt num- ber of children in a community for a day school, they must be pro- vided for in the boarding schools. Mr. Carter. Don't you think it wovild be a more economical prac- tice to provide day schools at every place where required for the in- struction of these pupils ? Mr. Peyton Carter. Yes, sir; but there comes a time in the life of every boy and girl when the day school does not offer adequate instruction. Mr. Carter. But is there any reason why in places where you have a sufficient number of Indian children to warrant the carrying on of a day school it should not be provided ? Is there any reason why a day school should not be established in such a place, where the child could get his tuiti,on without putting the Government to the expense of boarding him also ? Mr. Peyton Carter. There is no reason at all, and Ave provide them wherever we can do so. But when we find an Indian commu- nity with less than 12 or 15 children in it, we must provide for them in boarding schools. Now, the one in question is in California Mr. Carter (interposing). How about the Navajos? Mr. Peyton Carter. We establish them wherever we find a com- munity of Indians permanently located. Mr. Carter. Do the Navajos live together mostly? Mr. Peyton Carter. No, sir ; they are a nomadic people, and they travel with the grass supply. Mr. Carter. You would have to build a portable schoolhouse for them? Mr. Peyton Carter. Yes, sir. We built temporary schoolhouses in a few places but found they were unsatisfactory. There is another explanation of the large increase of nonreserva- tion schools Avhich might go into the record: Cushman, which has been carried as a reservation school, and Springfield, which has been carried as a reservation school, have been put over into the nonreser- vation class, which adds 400 to the number enrolled in nonreservation boarding schools, which reduces the apparent increase of over 3,000 Mr. Carter (interposing). Why were they put over in the class of nonreservation schools? Mr. Peyton Carter. Cushman and Springfield are not on reser- vations and, geographically considered, they are strictly nonreserva- tion schools. ^ ^ , . Mr. Meeitt. We will prepare at the office a statement showmg the nonreservation schools, where they are located, the amounts ap- propriated for them for the fiscal years 1912, 1913, and 1914 the attendance for each year, and the total amounts. We will submit that for the information of the committee. [This information is shown in the following table:] 166 INDIAN APPEOPEIATION BILL. o = ■fo-rair- _aOi-c«Ploo QOfT^'^c^. Qcr"iNCieow^oot>MQQOt*'i-ioomt5NN^-HCMc5(NMC-OOio-T)fO-^CO 03 in eo N !> ^H CaO lOO 'tf'fD 05 o ■* M CO o; U5 0J -; MCMIMCTCflCS^NCONdCil^ o~coo cicocoiQr-ojOTPOOOcncocQixit-- a cr.-^ a-^ — "lOC/iX -J?r-00(NtCOOcDCDC^CDCT>t-TfCO cocccoo p O 31 X D 55 i-~ -< f.t-.il"t^mOiOiiraO"0001f~eDr O lOCO t- 7-10 T-lOO -^ -r CO ■* cfl -OlOlcOb-cOC-COOCOffOOtr ftiOiO !•-•:?■:» ^Q^ — _- , ■^ -H -£ N ^ O OS f co»o -H -f :;; o c c^ ?i 55 - r- X CO C 3 CD 00 O OICO e<) OS lOCOTHOOOOi-rrOCO o d O H M 2 tin his ■ 3 a? . Oat? 2&8 - ■a Ms' g o . s.s-s ■ah is- !"^§ p-S oO |CSJ>CC0 II Phcbo ■a is oog ^11 all INDIAN APPBOPBIATION BILL. 167 ^ffl ^H t^njl .-I coeooo t^ mo ]2 a ■i % *> a ^ R >> a s ^ i dTS C3 ■^ r! (?- ^ - :s § •§•2 "^ C o 03 ft o a ftiS & - ^1 S p. ftS X ft ■S3 :S;M il -■sll a) o - S rn y-i3 is 'o -^ w oi ea a^ > ft § u o 03 p K Zxi £ ft-^ feco I ml O s_ fe^-S a)S S » '^ ■H C3 ai > a> "a &§ 3 ^'E c 168 INDIAN APPEOPEIATION BILL. The Chairman. Will you also show us, if possible, approximately the number of children now being educated at the Government's ex- pense whose fathers are voters and citizens of the States in which they live? Mr. Meriti'. We could give you an approximate estimate, but it would not be accurate. The Chairman. We would like to have that. Mr. Meritt. The information requested is as follows : The Indian Office has not statistics to show the number of male Indian, voters in the several States. - Statistics compiled for the fiscal year 1012 show 78,.543 Indians who are citi- zens of the United States. Pursuant to the fourteenth amendment to the Con- stitution of the United States, these Indians are citizens of the State wherein they reside. It is understood that in addition to the total number above given there are in Oklahoma approximately 102,000 Indians who are citizens of the State of Olilahoma and entitled to vote therein. Thus there are in the United States at least 180,000 Indians who are citizens, and of these the male proportion are entitled to vote in the several States. Twenty per cent of this total number will represent the school population. This will amount to 36,000 children, and it is a fair supposition that this number, or a large proportion thereof, represents Indian children whose fathers' are voters. Deducting, however, from these 36,000 children 25,000 belonging to the Five Oivilized Tribes In eastern Oklahoma, who are educated chiefly by tribal funds, leaves 11.000 children whose fathers are voters. Of this number it Is estimated that 4,000, or 36 i>er cent, are in Government schools, and, therefore, this represents the approximate number of Indian children educated at Government expense and whose fathers are voters. The Chairman. What is the next item? Mr. Meri'it. The next item reads : AH moneys appropriated herein or hereafter for school purposes among the Indians may be expended, without restriction as to per capita expenditure, for the annual support and education of any one pupil in any school. We offer for the record the following justification : PEK C.\PITA EXPENDITLTRE. The item in the proposed Indian appropriation bill for 1915, known by tlie above title, provides that the moneys herein or hereinafter appropriated for school purposes among the Indians may be expended without the restriction as to per capita expenditure per Indian pupil. Prior to the fiscal year 1911 exi)enditures of the appropriations for Indian education weie limited to .flCT per pupil per annum. Owing to changed condi- tions and incrt'.-ised cost at many points it was found advisable to ask Congress to permit expenditures for educational purposes without this per capita restric- tion. Accordingly such a provision was incorporated in the Indian appropria- tion act for 1911 and in the acts for the following years. The present item is so worded, however, as to make it permanent legislation and avoid the necessity for a repetition of the item in any a])propriation bills thereafter. The only change in this item is that we have added the words "or hereafter," so as to make this continuing legislation or permanent legislation, rather than to ask for this item in each Indian bill. Mr. Carter. What is the citation to that act limiting the expenses per capita? Is that in all the Indian acts heretofore passed or was that a special act? Mr. BuEKE. It was carried for some years, and then three or four years ago we eliminated it to some extent, with the understanding that before making it permanent legislation we would want to be satisfied that the average per capita cost was not materially exceed- ing the amount, $167, and we asked Mr. Meritt the other day to give INDIAN APPEOPKIATION BILL. 169 US the average per capita cost of nonreservation schools, which infor- mation you will probably furnish. Mr. Meeitt. Yes, sir; this information will be given under item No. 6, " Indian school and agency buildings." Committee on Indian Affairs, House of Kepeesentatives, Washington, D. C, Deoemher 10, 1913. The committee assembled at 10.30 o'clock a. m., Hon. John H. Stephens (chairman) presiding. There were present before the committee Hon. Cato Sells, Com- missioner of Indian Affairs; Hon. E. B. Meritt, Assistant Commis- sioner of Indian Affairs ; and chiefs of division, Indian Office. The Chairman. Mr. Sells, I understand you desire to take up industrial work relative to the care of timber first. I see that there is a change from $400,000, the amount now appropriated and carried in last year's bill, to $600,000. Can you give us the justification for that item ? This is item 9, on pages 8 and 9 of the copy of the bill. To conduct experiments on Indian scliool or agency farms designed to test the possibilities of soil and climate in the cultivation of trees, grains, vegetables, and fruits, for the purposes of preserving living and growing timber on Indian reservations and allotments, and to advise the Indians as to the proper care of forests; for the employment of suitable persons as matrons to teach Indian women and girls housekeeping and other household duties, and for furnishing necessary equipments and supplies and renting quarters for them where ne<'es- sary; for the employment of practical farmers and stoclvuien, in addition to the agency and school farnieis now employed ; for furnishing necessas-y equip- ment and supplies for such farniei's and stockmen ; and to superintend and direct farming and stock raising among Indians, $500,000: FroiUUd. That the foregoing shall not, as to timber, apply to the llenominee Indian Keservation in Wisconsin: Proridcd furthrv. That not to exceed $5,000 of the amount herein appropriated may be used to conduct experiments on Indian school or agency farms to test the possibilities of soil and climate in the cultivation of trees, grains, vegetables, and fruits: I'mridcd, also, That the amounts ]iaid to ma- trons, foresters, farmers, and stockmen herein provided for shall iKjt be iucluded within the limitation on salaries and compensation of employees contained in the act of August twenty-fourth, nineteen hundred and twelve. Mr. Meritt. That appropriation is known as " Industrial work and the care of timber." We would like to offer as a justification of this item the following: Indiistridl u-orl- and care of tiiubei: Fiscal year ended June 30, 191.3: Amount . appropriated $J 00, 000. 00 Amount expended 352, 554.45 Unexpended balance 47. 445. 55 Known obligations unpaid .l;4, 189. 93 Additional uniiaid obligations estimated ii. 500. 00 (i, OSO. 93 Total unused balance 40,75.5.62 Analy-fis of cxpendiliircs, 1913. On account of farmers and stockman : Salaries and wages 1S9. 9S3. 89 Traveling expenses 10, 076. 17 Equipment, incidentals, etc 7.758.18 207, 818. 24 170 INDIAN APPEOPBIATIOJf BILL. On account of field matrons : Salaries and wages $35,541.17 Traveling expenses 542. 00 Equipment, incidentals, etc 3,528.66 39, 611. 83 On account of forestry : Salaries, wages, etc 85,649.12 Traveling expenses 8- 130. 53 Construction, repairs, etc 821.03 Equipment, incidentals, etc 6,307.36 100, 908. 03 Ou account of experimentation : Salaries, wages, etc 2,265.94 Construction, repairs, etc 1,239.05 Equipment, incidentals, etc 711.36 4, 216. 35 Grand total 352, 554. 45 In explanation of the large unused balance, it is pointed out that the two pri- mary purposes of the appropriation are salaries of employees and protection to timber. The usages obtaining have required that the portions allotted for salaries must not at any time be exceeded by the aggregate of all established positions. As it is impossible to keep all established positions filled by regular appointees, and ds it is frequently impossible to employ temporarily for the outlying places where the isolation Is frequently extreme, it follows that many small savings accrue at the different agencies. These savings can not be utilized to establish other regular positions, hence serve to increase ths unused balance at the close of the fiscal year. After establishing a sufficient number of men under the various jurisdictions to supervise timber operations and serve as guards and rangers, the greatest protection to the many reservation forests is accomplished by holding in reserve an emergency fund sufficient to employ large numbers of men to fight fires in event of any extensive conflagrations. If the conflagrations fail to occur or are prevented by the regular force on duty this reserve fund remains unused to the close of the fiscal year. Every endeavor will be made to use as large a portion of this appropriation as it is safe to hypothecate, but it must be understood that the close of each fiscal year will find a considerable portion unused. Fiscal year ending June 30. 1914, amount appropriated ,$400,000.00 To facilitate the proper utilization of this appropriation, it is di- vided into four general apportionments, as follows: Agricultural and live stock 225,000.00 Field matron service 50,000.00 Forestry Service 120, 000. 00 Experimentation 5, 000. 00 Analysis of apportionment to October 24, 1913. Agriculture and live stock $216,750.04 Reserve K, 240.96 225 .000.00 Field matrons 48, 890.42 Besprve 1,109.58 50,000.00 Forestry 101.941.53 Reserve 18.058.47 120,000.00 INDIAN APPBOtEIATION BILL. 171 Gxperimentiitioii $3, 900. 00 Reserve l,a00. 00 5, 000. 00 Dotal iipportioued 371, 490. 99 Cotal reserves 28, 509. 01 400. 000. 00 Each of these general apportionments is justified separately. Agriculture and live stoek. For the employment of practical farmers and stockmen in addition to the agency and school farmers now employed, and to superintend and direct farming and stock raising among Indians : imount apportioned for this service , $225,000.00 This fund is used almost entirely in the employment of farmers and stockmen to work among the adult Indians and in the employment of men to superintend this part of the service, but is used in part to equip farmers and stockmen with teams and vehicles where there is no other fund available through which such squipment can be purchased and maintained. The amount apportioned, as set forth just above, is hypothecated for the fiscal rear 1914, as follows : Por the employment of 1 supervisor of farming, at $3,000 per annum, with $3 per diem in lieu of board and lodging and traveling expenses .^n, 000. 00 1 superintendent of live stock, af $2,000 per annum, with $2.50 per diem in lieu of board and lodging and traveling expenses 4, 000. 00 Total for supervision 9,000.00 1 farmer 1. 500. 00 2 farmers, at $1,400 per annum each 2, 800. 00 3S farmers, at $1,200 per annum each 45. 600.00 2 farmers, at $1,100 per annum each 2. 200. 00 I farmer 1, OSO. 00 II farmers, at $1,000 per annum each 11, 000. 00 87 farmers, at $900 per annum each 60,300.00 IS farmers, at $840 per annum each 15, 120. 00 1 farmer 800. 00 23 farmers, at $780 per annum each 17,940.00 27 farmers, at $720 per annum each 19,440.00 2 farmers, at $660 per annum each 1. .320. OO 2 farmers, at $600 per annam each ], 200. 00 2 farmers, at $540 per annum each 1,080.00 3 farmers, at $300 per annum each 900.00 i stockmen, at $1,200 each 4,800.00 t stockman 1, 080. 00 t stockman 1,020.00 I. stockman 1- 000. 00 t stockmen, at $900 each 3. 600. 00 t stockman 800.00 !. stockman '^■'50. 00 I stockman 720. 00 Total for 200 farmers and 14 stockmen 106, 080. 00 A.pportioned for traveling expenses or equipment for traveling of farmers and stockmen ^2'olnoc Unhypothecated balance 8, 240. 96 Grand total 225, 000. 00 172 INDIAN APPKdPKIATION BILL. Tlie fanners euiplo.yed are stationed on the various reservations in sucll man- ner as to bring them in the most convenient proximity to the homes and activi- ties of the adult Indians. Their duties are iirimarily to instruct the Indians it all lines of agriculture, the breeding, care, marketing, etc., of their live stock, the laying out of their farms and grazing areas to the best advantage, tlit building and equipment of their homes, and where they engage In other lines of activities, such as common labor, fishing, lumbering, etc.. to aid and Instruct them along these lines, with the view of promoting their civilization and self- support. As many of the reservations cover immense territory, and include Indian populations anywhere up to 10,000 souls, it is necessary for these farmers to become administrative representatives of the superintendents In charge of such reservations, overseeing all the Industrial activities of their respective districts, directing the operations of the police and such minor employees as may be sta- tioned within their districts, and where the Indians are allotted to view all allotments for purposes of leasing, sale, patenting, etc. Where the Indians have individual Indian moneys in bank, the supervision of these moneys, the purchase of live stock in large quantities, the purcahse of material for and the construction of houses, barns, fences, etc.. all devolve on the farmer having charge of the particular district wherein these activities are in progress. Where the Indians cultivate irrigated lands, the farmers are charged with the use of the waters in whole or in part, the instruction of the Indians In the use of waters for Irrigating purposes and what crops are best and most profitable for them to grow, and all the other details pertaining to farming operations In an Irrigated country. Where Indians are allotted, it Is estimated that one farmer can adequately supervise a district comprising 250 to 500 persons, or from 50 to 100 families. Such numbers will admit of giving personal and indlvldujil supervision to each family, and, in addition, he can attend to the administrative affairs of his dis- trict, view the lands, supervise construction work, etc. Where the numbers much exceed those set forth above, it Is impossible for the farmer to give per- sonal supervision to the activities of the Indians of his district. If they greatly exceed those given above his time is about wholly taken up in administrative work, viewing of lands, etc., which, by reason of their urgency, compels giving them preference over instruction and supervision, duties for which the farmer is primarily employed. Of the 200 farmers employed from this fund 12 are stationed among the Five Civilized Tribes, leaving 188 to be distributed throughout the service at large, exclusive of the Five Civilized Tribes. There are 40 farmers paid from other funds, making a total number of 228 farmers for an Indian population of 229,387, or an average of one farmer to about 900 Indians. As It is necessary to employ farmers for reservations where only ii few hundred Indians live, and as It is frequently necessary to district reservations so that they number much less than the above-named average. It necessarily follows that in some districts there are as many as 1,500 to 2,000 allotted Indians, or on unallotted reservations from 2,000 to 3,000 per district. The exigencies now existing will be more fully understood by the following recital of actual conditions : At Fort Yuma, Cal., with an allotted population of 803, and with 8,010 acres of land now under irrigation, and where the Indians are yet in a very back- ward state, there is now emjiloyed one farmer at $1,000 per annum. To prop- erly handle this jurisdiction and instruct the Indians as they should be in- structed, there should be one more farmer stationed in their midst. Among the Mission Indians of southern California it is frequently necessary to assign to one farmer two or more small reservations so situated that the farmer will have to spend much of his time in traveling from one reservation to another. At Round Valley Reservation, C.il., with an allotted Indian population of 3..';!42. many of whom are located many miles from the reservation, 1 farmer is employed, at a salary of $720 per annum. At Crow Iteservation, Mont., with an allotted Indian population of 1,731 per- sons, where there are over 15(1.(100 acres of irrijjable land, much of which is now under completed projects and ready for cultivation, and where the Indians have many thousand dollars' worth of live stock to be cared for and where leasing, patentiutr. .and sale of .-illotted lands are all in progress, there are 5 farmers employed, 2 at .fOOO per annum each, 1 at $800, and 2 at $780 each. At Colorado River Reservation, Ariz., with an Indian population of 506 per- sons, with an irrii;able area of about 100.000 acres, of which 12 000 are now INDIAN APPEOPEIATION BILL. 173 under ciitcli and where the cost up to June 30. 1912, nggroa'atocl $1T()S')(;7-' there is one farmer employed at $900 per annum. . • ■ - _ At Pima Reservation, with an Indian popuhition of 5,906 iier.-. the greater number are assigned to districts and must assume the duties set forth above. Men whose services can be commanded for salaries such as stated above are frequently found wanting in many of the qualifica- tions and attributes necessary to achieve success. They are usually dissatisfied, seeking transfers and promotions, and frequently the better ones retire from the service to enter other activities with better remuneration. In addition to the 14 stockmen employed from this fund, as shown by the list submitted above, there are 25 similar employees paid from other funds. Many of these stockmen are merely Indian helpers, hence the actual number of stockmen employed to supervise the live-stock industry and to instruct the Indians is much less than the whole number given above. The Indians, ex- clusive of the Five Civilized Tribes, own about 8,500,000 of allotted and 20,000,000 acres of unallotted grazing lands. They also own, according to the latest statistics, 689,447 head of horses, mares, and stallions of an average value of $22..''i0 per head; 228,214 cows, heifers, bulls, and steers of an average value of $24.95 per head; 1,451,309 sheep of an average value of $1.87 per head; and over 300,000 goats, 20,000 burros, 7,000 mules, and 33,000 swine not statisti- cally valuable. The low average values are indicative of the general grade of this live stock. By far the greater portion is made up of the native Indian ponies, cattle, and sheep on the desert ranges of the Southwest, which have their origin one or two hundred years back. Inbreeding has been the rule and selection has been made through ignorance instead of intelligence, until some of the flocks and herds of to-day are of such low value as to be a pest to the range instead of an income to the tribes. In other portions of the Indian country where upbreeding is in progress, there are now a reasonable number of fairly good grade horses and mares, many herds of well-bred cattle, but a very limited number of graded sheep. Many of the reser^-ation ranges are now occupied by the live stock of lesees, for which the tribes receive only a rental income. In some instances it will be possible to stock these ranges, in whole or in part, with live stock purchased from Indian moneys, either tribal or individual. The task of classifying these reservation ranges and the thousands of live stock thereon, the upbreeding of this live stock, and the purchase of additional stock and putting it on the ranges is one of such immensity as to call for a largely increased force of stockmen and for a few men of such high intelligence and technical training as to be able to supervise the work properly and to expend the Indian moneys in such way as will give no cause for criticism, and such as will command the respect of the tribes. INDIAN APPEOPBIATION BILL. 175 ^here farmers are stationed among the Indians under the district system it IS necessary to provide them with teams, harness, vehicles, forage etc to enable them to go about among their Indians and discharge the duties set forth above. In some places this equipment and its maintenance can be provided for from other funds. In many instances, however, there are no other funds avail- able ; consequently, they must be equipped from this fund Prom a practical business viewpoint it is believed to be a matter of economy to mcrease the force of farmers and stockmen. By so doing the production and output of the tribes can be so increased that the saving in rations and other supports will quite exceed the increase of $100,000 aslted for herein "For the employment of suitable persons as matrons to teach Indian women and girls housekeeping and other household duties, to instruct in methods of proper living and in care of sick, to assist physicians in prevention of diseases and for furnishing necessary equipments and supplies and renting quarters for them where necessary, $62,500." There are at present 74 field matrons employed under this appropriation who may be classified to a certain extent in accordance with the salary re- ceived. This classification is as follows : Salaries. Number. 1 1 Unit. Tntal. i .I S840 S2, .520 ■i 780 2,340 27 720 19. n20 7 (iOO 4,620 10 liOO 6,000 20 300 fi, 000 2 180 360 2 ISO 300 74 ■ r,64. 32 41. 760 1 .'Vverage. All matrons — 50 in number — who receive $600 or more, devote their entire time to the work, while the remaining 24, who are paid $300 or less, are only employed for half their time, the average salary received being $564.32. While the work outlined for the field matrons forms a \evy essential and nec- essary part of the campaign to improve the sanitary and health conditions among the Indians and to teach them proper methods of living, the amount appropriated in the past has been insufficient to properly equip them, to give them adequate transportation facilities, or to enable all of them to visit the Indians under their charge. Although 74 matrons are employed, there are but 25 horses and 9 buggies supplied them for their exclusive use ; 10 additional horses and 6 additional buggies are shared by the field matrons with others and in doiug work upon the reservations. The money a^ ailable has also been insuffi- cient to pay salaries large enough to attract the best class of properly equiiiped women to do the work or to employ as many field matrons as are urgently needed. An increase In the apportionment from the $50,000 allowed in 1914 to $62,500 Is asked for in order that better transportation facilities may be furnished, bet- ter equipment and quarters provided, and whole-time matrons employed wher- ever possible In place of those who are only serving for half of their time. It is hoped also that the average salary paid may be increased so as to attract more competent women to the work. The following is the analysis of the apportionment for 1914, taken November 11, 1913 : Salaries of 74 field matrons, at average $564.32 $41, 760. 00 Kent of quarters (9) $1,248.00 Traveling expenses 400.00 Annual estimate supplies 1,479.54 3, 127. 54 Reserve 5, 112. 46 Total apportionment 50, 000. 00 176 INDIAN APPEOPEIATION BILL. Note. — Four thousand one hundred and forty-two dollars and forty-six cents of the above reserve has already been apportioned for expenses in connection with the v^ork, leaving only, on November 11, 1913, $970. It is proposed to expend the amount asked for along the same general lines as indicated in the above table. Salaries at large to be paid from " Industrial work and care of timber, forestry, 19U." Salary. Per diem and ex- Total apportion- ment. 1 lumberman 1 supervisor of forests Do 1 lumberman Do 1 deputy supervisor of forests 1 S2, 750 12,250 > 2, 000 2 2, 260 2 2, 250 " 2, 000 SI, 850 1,850 1,850 800 800 800 14.600 4,100 3,850 3,060 3,050 2,800 13, 500 7,950 21,450 1 Actual necessary traveling expenses, iDcludrng sleeping-car fare and incidentals, and a per diem of S3 in lieu of subsistence when actually employed on duty in the field. ' Actual necessary traveling expenses, moluding sleeping-car tare, incidentals, and subsistence when actually employed on duty in the field. Salaries under agencies to he paid from "Industrial work and care of timber, forestry, 1914" Reservation. Coeur d'Alene forest guard. . . Colorado River forest guards. Colvill forest guards Crow forest guards Cushman forest guards Flathead: Forest guards Deputy supervisor of forests Fond du Lao forest guards Fort Apache deputy supervisor of forests . Fort Lapwai: Rangei Forest guards Grand Portage forest guards Hay ward: Scaler Forest guards Hoopa Valley forest guards Jicarilla: Deputy supervisor of forests . Forest guards Klamath: Deputy supervisor of forests . Forest guard Lac du Flambeau: Forest guards Scaler La Pointe forest guards Leech Lake: Overseer Forest guards Do Mescalero: Forest ranger Forest guard Navajo: Deputy supervisor of forests., Forest guards Num- ber. Num- ber of months. Salary per month. $75 75 75 50 Total $750 900 2,625 1,000 400 900 900 2,160 1,800 1,600 1,600 600 1,300 1,100 1,920 1,200 1,080 500 1,000 11,300 1,800 1,500 11,500 1,000 900 1,200 1,680 900 900 900 1,000 450 11,^00 900 } of all em- ployees. $750 900 3,625 400 17,960 600 11,300 3,020 1,200 I 1,580 I 1,900 4,000 2,600 2,100 1,680 2,700 1,460 '2,366 S200 200 1 And actual necessary traveling expenses. Including sleeping-car fare, incidentals, and subsistence when actually employed on duty off the reservation, not exceeding $200 to be expended for this purpose. INDIAN APPKOPKIATIOX BILL. 177 Salaries under agencies to be paid from "Industrial work and care of timber forestry, 1914 "—Continued. Reservation. Nett Lake forest guards Pechanga forest guard Pine Eidge forest guard Sed CIW forest guard Bound Valley forest guard . Santa Fe forest guard Shoshone forest guards Siletz forest guards Soboba forest guard Spokane forest guards Tongue Eiver forest guards Tulalip forest guard Tule River forest guard Uintah and Ouray forest guards. TJmatilla forest guard Warm Springs forest guards Western Navajo forest guard. White Earth forest guards. . . Yakima: Deputy supervisor of forests. Forest guards Expenses . Total Num- ber. Num- ber of months. Salary per month. 2 12 12 5 12 12 12 12 12 3 12 4 12 12 12 12 2 2 $40 76 75 eo 75 75 75 100 75 75 30 75 7S 125 100 75 50 50 Total salary. (100 900 720 900 900 600 11,000 1 1, 125 450 780 1,000 750 1,000 900 = 1,200 900 900 180 1,000 2,100 900 "1,600 2 1, 200 900 400 200 < 1,400 2,400 Salary of all em- ployees. S480 600 1,020 900 900 600 Expenses. 2,126 460 780 1,750 1,900 1,200 900 1,080 1,000 2,100 900 4,200 6S, 750 68, 760 2,100 70, S.'iO $700 200 200 1 And S2 per diem in lieu of subsistence when on duty. ' And actual necessary traveling expenses. Including sleeping-car Fare, incidentals, and subsistence when actually on duty off the reservation. ' With actual necessary traveling expenses, including incidentals and subsistence when actually employed on duty in the field. ' And actual necessary traveling expenses, including sleeping-car fare, incidentals, and subsistence when actually employed on duty off the reservation, not exceeding 52C0 to be expended for this purpose. The following amounts were apportioned to tlie agencies listed for general forestry work during the fiscal year 1914, including labor and materials for road, trail, and telephone repair, and for fire fighting and timber estiniiiting: Chippewa of Lake Superior- Colville Cushman Flathead Fond du Lac Fort Apache Grand Portage- Hoopa Valley Hayward $500 500 500 500 300 500 400 500 400 500 500 300 500 200 300 400 Bound Valley 200 Roseburg 1,080 San Carlos 200 Siletz 200 Jicarilla_ Klamath Lac du Flambeau . Leech Lake Mescalero Nett Lake Red Lake 24455—14- -12 178 INDIAN APPEOPEIATION BILL. Spokane , $200 Truxton Oanon 100 Tulalip 1,200 Tule River 100 Uintah 200 Warm Springs 500 White Earth ■- 500 Taldma ^ 500 Total 11,780 The preceding table shows the apportionments as made for the fiscal year 1914, except that the amount credited to Grand Portage has been doubled and all of the Flathead expense has been trnnsferred to " Industrial work and care of timber" for, the reason that the special appropriation " Sawmills, etc., Flat- head" will not be available next year. The total amount of these apportion- ments is $104,080. During the fiscal ye.nr 1914 it will probably be necessary to employ a forest assistant for the Quin.Tielt Reservation under the Cushman School and one at Hoopa Valley, at about $1,400 each. The amount apportioned the present year to the different schools for fire fighting and general repair work has had to be increased in certain cases to meet imperative needs. Warm Springs was given $700; Colville, $400; Tongue River, $300 additional; and other schools smaller amounts. It is expected that large allowances will be needed for Quinaielt, Hoopa Valley, and Roseburg for timber examination during the year 1914. It is believed that the absolute needs for salaries, expenses, equipment, and cur- rent repairs to telephone lines, cabins, fences, etc., will amount to at least $115,000 in 1914. The reports of the superintendents for the year ending June 30, 1913, show needs as follows: Trails, $37,675; fire lines. $42,345; telephone lines, $33,100; fences, $51,840; lookout stations, $2,570; cabins, $6,675; stables. $2,625; cor- rals, $845 ; roads, $313,600. All of these permanent improvements except the roads are specially necessary for forest protection, and the expense connected with work of this character has heretofore and will continue to be charged against the forestry appropriation. It is essential that a rather large reserve be maintained in the forestry fund to meet contingencies in the form of forest fires. However, in proportion as trails, fire lines, telephones, and lookouts are established, the yearly reserve for special expense can be reduced. The total for permanent improvements listed above, exclusive of roads, is $177,675. Each year a portion of this work should be done. As the regular current running expenses next year will be about $115,000, an appropriation of $150,000 should be made for forestry work. This will give only $35,000 as a contingent fire-fighting fund and for permanent improvements. Experimentation. Amount authorized for 1914 $5,000.00 Amount authorized for 1913 - 5,000.00 Amount expended for fiscal year 1913 4,216.35 To conduct experiments on Indian school or agency farms designed to test the possibilities of soil and climate in the cultivation of trees, grains, vegetables, and fruits, : Provided further, That not to exceed $5,000 of the nmount herein appropriated may be used to conduct experiments on Indian school or agency farms to test the possibilities of soil and climate in the cultivation of trees, grains, vegetables, and fruits. The much greater portion of this fund is used in connection with the experi- ment farm maintained at Sacaton, Ariz., on the Pimii Reservation. This is a joint project between the Indian Bureau and Bureau of Plant Industry of the Agricultural Department, and is presided over by a mnn in the employ and under the direction of the Bureau of Plant Industry. The success attending this project hiis been such ns to justifv its continuiince, and it is largely with that in view that this appropriation is" asked for again. In this connection, however, it is explained that while the benefits derived from the experiments carried on at this place go first to the Indians i>f that reser- vaion, they are by no means thus confined, but are extended to the Indians of the various reserv:i1io!is throughout the Southwest and to the wliile population INDIAN APPEOPKIATION BILL. 179 all througli that portiou of the country. There ure now nianv while citizens taking advantage of these experiments. Among the results coming from this project is the development of ,i grade of cotton that can be successfully grown in the extreme warm climates, which IS probably unexcelled in any part of the world. It usually commands a pre- mium in excess of the highest market prices. It is being grown verv largely by white farmers throughout that region. Very commendable successes have been achieved in the development of \ari- ous classes of alfalfa, onions, tropical fruits, etc., some of which would singlv justify the funds expended in this undertaking. JSTow, Mr. Chairman, we have with u.s, as the commissoner stated, gentlemen who can answer any (juestions that vou mav wish to ask about this item. The item is divided into three branchs, and pro- vides for the worli of our farmers and stockmen, it provides for the forestry people, and provides for the matron service, and we have representatives here from each brancli of the service. I would like to have you hear from Mr. Davis. The Chairman. Very well, Mr. Davis, you may proceed. STATEMENT OF MR. CHAELES L. DAVIS, SUPERVISOR OF FARM- ING, INDIAN BUREAU. The Chaiemax. What is your home office, Mr. Davis? Mr. Davis. My headquarters is the Indian Office, here in Washing- ton. The Chairman. You have general supervision and control of farm- ing and farms on all the agencies? Mr. Davis. Yes, sir; of the general industrial work of the reser- vations. The Chairman. Now, explain exactly what you mean by that, " farming and industrial work." Mr. Davis. All the agricultural work, the care of live stock, labor among Indians, and all matters pertaining to making them self- suj)porting, improvement of their homes, and so forth. The Chairman. Does that include industrial schools, farming op- erations at industrial schools? Mr. Davis. No, sir ; it does not include any school work. The Chairman. On page 9 it says: "To test the possibilities of soil and climate in the cultivation of trees, grains, vegetables, and fruits," on the.'ie various agencies. Where are these tests made, and how made ? Mr. Davis. That item or that portion of the appropriation is limited to $5,000. That is used almost exclusively in connection with the experiment station on the Pima Reservation in Arizona. It is a joint project between the Indian Bureau and the Bureau of Plant Industry, Department of Agriculture. The Chairman. Is that located at Sacaton? Mr. Davis. Yes, sir. The Chairman. What are you raising there ;' Mr. Davis. That work is experimental, under a man detailed by the Bureau of Plant Industry, and the experimentation so far takes up all of the tropical growths, particularly cotton, onions, alfalfa, and the various tropical fruits. There is quite a work being done there in connection with the date palm, also with cotton and alfalfa. The Chairman. In reference to cotton, how much is grown per acre there, and what kind of cotton is it ? 180 INDIAN APPKOPEIATION BILL. Mr. Davis. It is a long staple, Egyptian cotton. They grow about a bale or a bale and a half to the acre, I think, but I could not give you the amount exactly. The Chairman. How many acres were grown last year? Mr. DA\as. The acreage among the Indians, I think, was some- thing like 40 acres in 1912 and 250 or 300 acres in 1913. I do not remember exactly the amount. Experimentation with this cotton down there is not confined to Indian work. The white people have seen the benefit of it and are taking it up and growing a great deal more cotton than the Indians. They were growing this year some- thing like 4,000 acres, according to the reports received by us. This is some of it here now [exhibiting sample of cotton] . The Chairman. Then I understand you to say that the Indian experiment station at Sacaton has encouraged the whites in that vicinity to take up the matter and they are also growing similar cotton ? Mr. Davis. Yes, sir. The land there is Avell adapted to experi- mentation, and the Bureau of Plant Industry sent a man to Egypt, where he got this Egyptian cotton and brought it here. By a process of hand selection they hare developed it until it is now reputed by them to be the finest cotton grown in the world. The white people are growing it much more extensively than the Indians, but as a very happy result it is grown almost entirely, or very largely, by the work of Indians. The nomadic Papagoes south of Pima come into the Salt Eiver Valley and furnish the labor for the growing and picking of this cotton. So we are getting more out of it in that respect, as a market for our Indian labor, than we are as a direct result by the growth of it by the Indians. The Chairman. How much is paid per pound to these Indians for picking cotton ? Mr. Davis. The ruling rate is 2 cents per pound. The information given me was that a family consisting of the Indian and his wife and two or three children would make about $25 to $30 a week pick- ing cotton, and that their necessary expenses during that time would run about $4 or $.5 per week. The Chairman. That Avould be $2 per hundred pounds? Mr. Davis. Yes, sir. The Chairman. How much would they pick in a day of that cotton? Mr. Davis. I couldn't tell you that, but I think somewhere about 100 pounds. On our own farm there we were paying 2^ cents a pound a year ago, and a good picker would pick about 80 to 100 pounds. The Chairman. Now, why is it that they can not pick as much as they usually do in the cotton-raising States of the South ? Mr. Davis. I think it is on account of the very large standing growth of the cotton. The Chairman. How tall does it get ? Mr. Davis. It grows so tall that a man can not be seen any distanca in it. * The Chairman. How far are the rows apart? ,»» Mr. Davis. About 4 feet. The Chairman. Do the limbs interlock? INDTA.]Sr APPROPRIATION BILL. 181 Mr. Davis. Yes ; until it becomes a jungle. That makes the picking difficult. The Chairman. Now, let me ask you about the opening of that cotton. Does it open irregularly ? Mr. Davis. Yes ; it continues opening for several Aveeks. I could not give you the exact time nor the exact period during which it opens. Tiie Chairman. It opens so irregularly that the picker would only get a small portion at a time ? Mr. Davis. They have to make two or three pickings. The Chairman. Do you know what proportion of lint there is and of seed cotton per pound ? Mr. Davis. I could not ansAver that just now. This is really my only connection with cotton growing, and I am not acquainted with cotton particularly. The Chair!man. What does this cotton bring in the seed, or do you market it that way ? Mr. Davis. The Indians sell to the dealers, but Ave have been marketing ours on the New York market. It first brought about 31 cents per pound. Another year it brought 28 cents, and I think now thfey are getting about 22 to 25 cents for it. It sells very much above the other, but the trouble has been that we have not had enough of it heretofore to constitute what you might term a market. The Chairman. Now are you developing a market for it? Mr. Davis. We are getting enough now to justify the spiniiers going in there and buying it. It is bought eagerly by the spool- thread people and the rubber-tire people. If we could only produce enough to make a justfiable market for them they would be glad to get it. The Chairman. What market do you have for the seed? Mr. Davis. That has been used very largely for seed purposes so far. The Chairman. It is sold to the whites in the country adjacent? Mr. Davis. Yes, sir. The Chairman. What kind of cloth does this make ? Mr. Davis. I do not think it has ever been Avorked up into clotb. The Chairjian. Have you some samples there? Mr. Davis. Yes ; this has just come from the Bureau of Plant In- dustry, if you care to look at it [exhibiting sample of cotton]. The Chairman. Now, Avhat is the length of this staple and the value of this cotton with reference to ordinary cotton ? Mr. Davis. The length of that staple is about IJ to 1^^ inches, I think as I heard them estimate it, and about 50 per cent stronger in tensile strength. The Chairman. What does it bring in the market, with reference to ordinary cotton? Mr. Davis. What Ave sold brought about 3 or 4 cents more. As I say, we have had only six or seven bales, and there was not enough of it to create a market. The spool-thread companies bought it and sent some of it around to different places to test it out. In other words, they were experimenting to see Avhat it would be worth to them. It has'^always, as I understand it, brought a higher price than sea-island cotton. 182 INDIAN APPRO PEIATION BILL. The Chairman. Have you tested sea-island cotton down there? Mr. Davis. I have not. That is the information that has come to me from the Bureau of Plant Industry. The Chairman. Has your bureau tested this cotton in Arizona, or sea-island ? Mr. Davis. I could not answer that question. The Chairman. They have not, to your knowledge ? Mr Davis. No ; I think the Bureau of Plant Industry got its infor- mation from the spinners, who of course have made tests in that way. The Chairman. Then, according to your understanding, 1 pound of this cotton is worth 2 pounds of ordinary cotton ? Mr. Davis. I am not informed as to the value of the cotton grown in the South, because I have never handled that. This cotton com- mands a very high price. The Chairman. What else are you experimenting with there? Mr. Sells. I would suggest that this is a new development and we have only been operating on it for three years and we feel that it is very promising. The CHAiRMA;«r. Yes ; I understand from the statement of the wit- ness that the Indian Service is the pioneer in this industry in Arizona. Mr. Sells. Well, I would not say that the Indian Service itself is the pioneer. It is a joint proposition between this bureau and the Bureau of Plant Industry. The Chairman. Does the Bureau of Plant Industry make an ap- propriation to help support this Sacaton experiment station? Mr. Davis. No ; they furnish the man and we furnish the ground and maintain it. The Chairman. You are working in cooperation with the Bureau of Plant Industry ? Mr. Davis. Yes. The products of the farm go to the Indian Serv- ice, but the Bureau of Plant Industry furnishes the man. He is a very capable and very enthusiastic man, and is doing very fine work. As I say, the greater portion of the $5,000 appropriated for experi- mentation is used in the maintenance of this project. The Chairman. The question I had in mind is this: This cotton has been sold. What becomes of the proceeds of the cotton and the seed that is produced, raised on these farms ? Mr. Davis. It goes back and becomes part of the maintenance fund of this particular project. There are about 50 acres in this experiment farm and the proceeds from that farm are used mostly in the development of it. The Chairman. Where do you account for the amount of cotton raised there ? To whom do you make the accounting ? Mr. Davis. Our disbursing officer there sells the cotton and takes up the proceeds in his accounts to the United States. The Chairman. It is reported to -the department in Washington? Mr. Davis. Yes, sir. It is disbursed under the regular disbursing rules,- just the same as any other moneys coming inlo his possession. The Chairman. Is that the rule throughout the United States! Take the Albuquerque school, where they have quite a large amount of ground and are raising a great deal of hay. That hay is sold. That money, you say, is reported regularly to the Indian Bureau, and all the receipts from everything raised there ? INDIAH APPEOPKIATION BILL. 183 Mr. Davis. Yes, sir. The disbursing officer has to make just the same accounting that he would make for moneys appropriated by Congress. Mr. Carter. I notice you have increased this appropriation $100;000. Now, the important thi;ig to us is to have a justification to place before the whole committee and before the House for this additional increase, in case we should decide to give it. I would like to hear what you have to say along that line. Mr. Davis. The increase is asked for in the industrial line with a view of extending the supervision — our industrial supervision — over the Indian tribes. Now, there is an analysis which you will find in the justification, item No. 9, page 4. You will see that there is $225,000 of the $400,000 set aside by the office for the industrial lines ; that is, the farmers and the stoclmien. That is used mostly in the employment of farmers and stockmen. Mr. Carter. The amount apportioned for this service means the amount for the coming year ? Mr. Davis. It means the amount apportioned for the current year out of the $400,000. Mr. Carter. Of the amount that has already been appropriated ? Mr. Davis. Yes. Now, you will see by following down, over on the next page, there are 200 farmers employed from this fund and 14 stockmen, and a little further over some 40 farmers are employed from other funds. Mr. Carter. Where do you find that about the 40 farmers ? Mr: Davis. At. the top of page 8. Mr. Carter. Now, what fund do you go into to pay for these addi- tional 40 farmers? Mr. Davis. From certain salary funds, and funds for the support and civilization of the different tribes. Mr. Carter. How much is taken from the salary fund, and how much is taken from this other fund? Mr. Davis. I have not analyzed the list to know just how much is taken from the different salary funds and how much from the sup- port fund, but, of course, that could be given. These 40 farmers are paid from other funds than- this particular appropriation. Mr. Carter. Now, what is going to become of these other funds that have been used for this purpose if you have an additional appro- priation to take care of this specific matter? Mr. Davis. In some of them the funds are disappearing, and they would be paid from the additional appropriation. Mr. Carter. Do we not appropriate those same funds here every year for support and civilization and salary funds ? Do we not make the same appropriations? Mr. Davis. Most of them you do ; but, as I say, there would be a few cases where they would disappear. Mr. Carter. Are the estimates for support and civilization and for the salary funds cut down to that extent? Mr. Davis! No ; some of these are tribal funds. Mr. Carter. Some of the 40 are paid from tribal funds. How many? Mr. Davis. Well, very few; I could not tell you just exactly how many. 184 INDIAN APPROPEIATION BILL. Mr. Caei'ek. That is information that we will probably have to be able to give on the floor of the House. Mr. Davis. We could get that very readily. Mr. Caetee. I wish you would do that. Do you not think we ought to have that, Mr. Burke? Mr. BuEKE. That is desirable, of course. Mr. Meeitt. Any additional justification for this appropriation will be found in the fact that we are asking throughout the bill for reimbursable items on a number of the larger reservations, and that will require additional farmers to look after and properly handle the increased farming operations of the Indians. Mr. Caetee. Are you going to have additional farmers ? You did not say that. Mr. Davis. I have not come to that. Mr. Caetee. His explanation was that there were 40 farmers more to be employed this year out of this fund which were employed out of other funds. Mr. Meeitt. Mr. Davis attempted to say that on some reserva- tions where we have been using tribal funds we will not be able to use those funds because they are exhausted, and it will require us to use other appropriations. Mr. Caetee. "We will have to show that, you Imow. Mr. Meeitt. We will get that information for you. Mr. Caetee. I wish you would get that and put it in here, so that we can have it in the hearing. Mr. Meeitt. Very well, we will do that. The Chairman. And let it appear at this point. Mr. Meeitt. The information requested reads as follows : Farmers and. stockmen whose salaries are paid from funds other than trial work amd care of timher." Indus- Farmers. Stockmen. Reservation. Num- ber. Rate of pay. Total. Num- ber. Rate of pay. Total. Paid from. Blackfeet 2 1 4 2 4 2 / $900 \ 600 900 300 / 900 \ 300 720 840 JS1,500 900 1,200 } 1,200 2,880 1,680 1 $900 $900 /Indian moneys, prooaMs of \ labor, Blackfeet Indians. Support of Cheyennes and Cheyenne and Arapahoe. . Arapahoes, 1914. Do. /Support of Sioux of diflerent \ tribes, employees, l5l4. Proceeds of Cheyemie River Do and Standing Rock Eeserva- tions, S. Dak. and N. Dak. Colvjlle 1 2 1 1,000 / 1,200 \ 1,000 900 600 } 2,200 900 S months only. Proceeds of 1 1 I 2 1 1 1 1 800 840 900 780 900 900 720 1,200 800 840 900 1,560 900 900 720 1,200 Colville Reservation. /Indian moneys, proceeds ol \ labor. Crow Indians. Support of Sioux of diflerent tribes, employees, 1914. Chippewas in Minnesota fund. /Indian moneys, probeeds o( \ labor. Fort Apache Indians. Fort Berthold Reservations Crow Creek li 1,400 1,000 840 3,240 Fort Berthold Eort Hall 1 900 900 per cent fund (demonstration farm, act June 1, 1910, 3« stats. L.; 455-456). „ „ Support of Indians Fort HaU Reservation, 1914. Support of Bannocks, em- ployees, 1914. „ , Support of Indians Fort Peck Agency, 1914. Do INDIAN APPROPRIATION BILL. 185 Farmers ana stockmen whose salaries are paid from funds other than "Indus- trial toork and care of tj'mfter "—Continued. Reservation. Jicarilla. , Kaibab... Keshena. . Kiowa Do. Leecli Lake... Leupp Lower Brule., Mescalero Mot[ui Navajo Navajo Springs. Red Lake . Rosebud.. Round Valley. Salt River San Carlos Sisseton Standing Rock. Tongue River.. Do. Do Truxton Canon. Uintah and Otiray. Western Navajo White Earth. Winnebago. . . Yakima Yankton Zuni Total. Farmers. Num- ber. Rate of pay. { I $900 780 1,200 780 720 900 900 Total, 900 900 780 900 900 300 240 1,000 720 $900 2,700 3,120 720 2,700 900 900 900 780 900 900 Stockmen. Num- ber. 640 1,000 720 900 900 ! 900 900 840 720 840 900 1,000 2,700 840 720 900 1,000 46,240 Rate ol pay. $900 900 1,000 Total. $900 900 1,000 900 900 1,400 600 1,600 , 1,600 900 900 1,200 1,200 19,840 Paid from. Support of Indians in Arizona and New Mexico, 1914. Do. I Interest on Menominee log fund. Apache, Kiowa, Comanche 4 per cent fund. Support of Wichitasandaflili- ated bands, 1914. Chippewa in Minnesota fund. Support of Indians in Arizona and New Mexico, ldl4. Support of Sioux of different tribes, employees, 1914. , Support of Indians in Arizona and New Mexico, 1914. Do. Do. Support of confederated bands of Utes, emploj'ees, 1914. Chippewa in Minnesota fund. Support of Sioux of different tribes, employees, 1914. Support of Indians in Cali- fornia, 1914. /Support of Indians in Arizona \ and New Mexico, 1914. Indian moneys, proceeds of labor, San Carlos Indians. Interest on Sisseton and Wah- peton fund. Support of Sioux of different tribes, employees, etc., 1914. Support of Northern Chey- ennes and Arapahoes, Mon- tana, 1914. Indian moneys, proceeds of labor, Tongue River Indians. Sale of beef hides. Indian moneys, proceeds of labor, Truxton Canon In- diana. Support of confederated bands of utes, employees, 1914. Support of Indians in Arizona and New Mexico, 1914. Chippewa in Minnesota fund. Interest on Winnebago fund, Nebraska. Indian moneys, proceeds of labor, Yakima Indians. Support of Sioux, Yankton Tribe, 1914.- Support of Indians in Arizona and New Mexico, 1914. Recapitulation. Farmers. Stockmen. Num- ber. Salaries. Num- ber. Salaries. Payable from tribal funds 31 28 $25,740 20,600 10 10 $10,140 9,700 59 46,240 20 19,840 186 INDIAN APPROPRIATION BILL. " Indian moneys, proceeds of labor," comes for the most part from grazing funds and disappear as reservations are opened to settlement or as tribal stock can be provided to utilize the ranges. In some cases named above every dollar should be saved to purchase live stock to stock the ranges. As industrial activities are built up greater demands are made on support funds for industrial equipment, making It advisable to transfer some of the positions to other funds, that the s:iviugs may thus be used. The justification names 40 farmers and 25 stockmen instead of 59 farmers and 20 stockmen. A few changes in the authorized list were made in the Interim between the two classifications, but the main difference is explained by the fact that this classification includes a number of Indian positions, in the nature of assistant farmers, not included In the former. Mr. Carter. The thing I have in mind — I can not follow it until I have that information, because I want to see just how much tribal funds that we have been using are now exhausted and just how much there is from these other sources, and just what is being done with the money that was used for the farmers last year. Mr. Mbeitt. In that connection, I would like to invite your atten- tion to the report we have submitted to Congress along this line, House Document 335, this session. In this report we give detailed statistical information as to exactly how we have expended this appropriation. Mr. Carter. Could you answer this question from that? Mr. Meritt. I would not be able to give you the exact number of farmers. Mr. Carter. I think that is all that I care for there. Mr. Burke. I notice in the estimate you ask for $500,000 ; $400,000 was appropriated last year, and on the 30th day of June, 1913, there was unexpended about $47,000 of the $400,000 appropriated for the fiscal year ending on that date. Mr. Meritt. Mr. Burke, I want to say that it was very poor admin- istration to permit that appropriation to go back into the Treasury, when we needed it so much. We have a little amendment that we would like to have incorporated in connection with this item, or rather a proviso clause, so that we might make use of that appro- priation during the next year in this active industrial campaign. Mr. Burke. In other words, you are going to ask for an increase of $100,000, and then you are going to ask to have reappropriated the unexpended balance for the year ending June 30, 1913 ? Mr. Meeitt. Yes, sir ; we woul^ like to have that in a proviso clause. The clause reads as follows: Provided further. That the unexijended balances of this appropriation for the fiscal year 1913 are hereby made available for expenditure by the Com- missioner of Indian Affairs in providing quarters for farmers and for such other industrial purposes as he may deem necessary. Mr. Burke. Well, that does not appear to have been estimated for in the Book of Estimates. Mr. Meeitt_. No, sir; that does not call for a specific appropriation. It is simply giving authority to use a lapsed appropriation. Mr. Burke. Well, it has gone back into the Treasury, and in fact it amounts to a direct appropriation and increases the amount of the bill to that extent, and I merely suggest, and I think that is the attitude of the committee, that when the bureau suggests increases that are not covered by the estimate there ought to be good reasons as- signed as to why it was not included in the estimate. I think you will appreciate the reasons for that — Congress is usually criticized INDIAN APPEOPEIATION BILL. 187 for large appropriations. Administrations justify their lack of re- sponsibility for it by pointing to the estimates, and I would like to know why that was not included in the estimate if it was necessary and desirable. Mr. Mbritt. The reason is this, Mr. Burke : When we drafted our estimates we did not have the detailed information, but in getting up the justifications, after the bill had been drafted, after the items had been put in, we found that there had actually been unexpended a balance of more than $40,000, and it is the desire to save tliat ap- propriation that prompts us now to ask for this proviso clause in the bill. Mr. Burke. It might be our desire to save it for the Treasury, because it was not expended. Mr. Meeitt. Another reason why we want this additional appro- priation is this: We are asking for increased industrial appropria- tions all along the line. We are without funds — ^unless we can get this proviso — we are without funds to provide adequate quarters for these additional farmers. We can not get expert farmers to go out on a reservation and live in a tent all the time with their families, and it is necessary that we have this unexpended balance to enable us to provide reasonable quarters — ^not elaborate quarters, but reason- able quarters — for these expert farmers and their families who go out on these reservations. Mr. Burke. Does providing quarters mean renting quarters, or building quarters? Mr. Meritt. On the Indian reservations of course we could not rent quarters, we would have to construct them. Mr. Burke. Do I understand that under this item and out of the money that has been appropriated quarters have been erected for the occupancy of employees? Mr. Meritt. No, sir; not out of this appropriation, but we are asking in this proviso clause that it be so worded that we can use this $40,000 which has gone back into the Treasury for that specific purpose, and unless we get that we will be hampered very greatly in providing adequate quarters for the additional farmers that we hope to get in this bill. Mr. Burke. A large part of the amount that is appropriated in this item is expended in fact for salaries and wages and for the expenses of employees, is it not? Mr. Meritt. Well, necessarily a large part is expended for salaries, because we require farmers to be located among the Indians — to show them just how they should develop their farms and help them along industrial lines in every way possible. Mr. Burke. Tbe justification which you have furnished, which is very full and complete, and I am very glad that you have presented it, gives the. number of farmers that are now employed, I believe, and the salary in nearly every instance. Mr. Meritt. Yes, sir. . . Mr. Burke. Is it contemplated that if the appropriation is in- creased to advance the salaries of the different positions? Mr. Meeitt. I might speak for the commissioner and say that it is the commissioner's policy not to increase salaries, but under this / administration to do things for the Indians. 188 INDIAN APPBOPEIATION BILL. Mr. Burke. Then it is not contemplated to increase the salaries of the present force? Mr. Meritt. No, sir. Mr. Burke. If the appropriation is inci-eased it will be used in the emploj^ment of additional employees, rather than to increase the salaries of those now in the service ? Mr. Meritt. I think the commissioner can assure you that will be done. Mr. Sells. That is the policy that is being carried out. It is not in contemplation to raise salaries. On the contrary, it will be very seldom done and only under circumstances where it is thoroughly justified. Mr. Burke. Will you state how much land there is under the supervision of the Indian Office, alloted and unalloted ? Mr. Sells. The Indians, exclusive of the Five Tribes, own about 8,500,000 acres of allotted and 20,000,000 acres of unallotted land. Mr. Burke. I want to get that specifically in the record. And the policy of the bureau is to encourage in every way possible the In- dians to become self-supporting and to aid them in farming their allotment and raising and caring for stock and other agricultural pursuits ? Mr. Meriti'. That is one of the main policies of the bureau. I might add that the commissioner is emphasizing that work in every way, and you will find in this bill, Mr. Burke, several requests for appropriations for industrial work. That branch of the service is being emphasized very strongly in this bill. Mr. Burke. House Document No. 335, Sixty-third Congress, second session, contains in detail the items of expenditure of this appropria- tion for the last fiscal year, does it not? Mr. Meritt. Yes, sir ; as required by the act of March 3, 1911. Mr. Bubke. Is there anything in the pending bill that proposes to repeal the act of Congress of March 3, 1911, that requires this re- port to be made annually by the Secretary of the Interior ? Mr. Meritt. No, sir. We want to make that report to Congress, just to show what we are doing. Mr. Burke. I understood there was a provision in the bill not to make the report. Mr. MERirr. No, sir. Mr. Burke. I got the impression some way that it was proposed to repeal this requirement. Mr. Meritt. No, sir; that is not our desire or intention. Mr. BuRicE. On the subject of matrons, does your estimate contem- plate an increase in the appropriation by reason of increasing the matron force? Mr. Meritt. We expect to increase the matron force to a certain extent, but not to increase salaries. We expect to increase the appor- tionment out of this fund by $10,000. Mr. Burke. In your justification you show 20 matrons employed, at $300 a year, and state they are employed only half their time. How does it happen that you have matrons that are so employed, and why should they not be employed all the time? Mr. Meritt. We have Dr. Murphy here, who can explain in detail the matron service. It is in connection with his medical work. Mr. Sells. Dr. Murphy is the medical supervisor. INDIAN APPEOPBIATION BILL. 189 STATEMENT OF DE. J. A. MURPHY, MEDICAL SUPERVISOR, INDIAN BUREAU. Dr. MuKPHT. Some of these matrons are missionaries wlio devote the remainder of their time to missionary work, and others of these who are paid $300 are Indian employees, and who are, as I under- stand it, employed as assistants to matrons, but who are engaged in other duties and only, you might say, do about $300 worth of work, and that is all tliey are paid for it. Mr. Burke. Are you able to get assistance that you think is efficient by paying only $300 a year by employing persons half time ? Dr. Murphy. We do not feel that that service is satisfactory ; that is one reason why we are gradually doing away with this half -matron service. There are missionary women working in the field who have the confidence of the Indians and who do a very great amount of good. A number of these women have been appointed in former times to do this matron work. On account of the fact that they were already associated with churches which have sent them into the field for this specific work they have not been paid a salary that would be required had they been originally employed for their entire time by the Government. Mr. BuRiLE. Then, if I understand it, many of these persons are well equipped and have had considerable ex.perience and would be valuable in that work ? Dr. MuEPHV. Yes ; they would. Mr. BuKKE. Then, Avould it not be wise and good administration wherever it was possible to employ them for all time? Dr. Murphy. There would be no objection to employing them for all time unless there was some objection on account of the fact that they were religious workers and that their work is primarily of a religious nature. Mr. BuRiCE. I want to ask you. Doctor, if in your opinion it would not be quite' desirable to materially increase the matron force, especi- ally upon some of the reservations, with the view of having the homes of the Indians visited at stated intervals for the purpose of ascertain- ing sanitary conditions — health conditions — and with a view to their' offering suggestions to the Indians as to desirable and proper meth- ods of sanitation, and also to see that the Indians, particularly those that are afflicted with trachoma, are given some attention, and in order that the service may have information as to health conditions that ought to have attention, perhaps to the extent of removing mem- bers of a family that may be afflicted either with tuberculosis or tra- choma to some sanitarium or hospital ? Dr. Murphy. I think that would be very desirable. There are a number of matrons employed in the field, but the total number, 74, is absolutely inadequate to do the great amount of work which you have outlined there. The difficulty that confronts the office is to obtain matrons who are properly equipped to do the Avork you have outlined. Mr. Burke. I had in mind the possibility of employing trained nurses to some extent. Dr. Murphy. That would be very desirable. Of course, the aver- age salary, $564, paid to matrons would be absolutely inadequate to 190 IXDIAN APPEOPEIATION BILL. employ trained nurses who would be willing to endure the hardships to do this particular class of work. Mr. BuEKE. Well, if at each agency or school there was a hospital equipped and nurses were provided, do you think women could be em- ployed as matrons in the field that would be competent to accom- plish what I hare indicated in my former question, that were not, in fact, skilled and trained nurses ? Dr. MuBPHY. I think it would be very possible to establish what might be termed a social service as an extension from the hospitals, if they were so established on the reservation, and to do very good, work in connection with the physician's assistance and the assistance of whatever trained nurses there might be at these hospitals. Mr. Btjrke. Would it be advisable to get women to do what I have indicated, and actually visit the homes of the Indians upon the several reservations, considering the way they are scattered, the long distances that they may live apart, and the hardships that would necessarily surround such a position ? Dr. Mtjephy. I think it would be, if we had a very greatly in- creased appropriation. I think we could get the people. Mr. BuEKE. Well, to carry out the idea that I indicated would require a very substantial increase in the number of matron's? Dr. Murphy. A very substantial increase ; yes. Mr. BuEKE. Now, while we are on that subject, under the present system that prevails with an agency physician, possibly, a contract physician, there is not very much being done and can not be done toward correcting sanitary conditions and caring for Indians that may be afflicted with trachoma and tuberculosis? Dr. Murphy. That is perfectly true, because the amount of time taken up in traveling and going over the territory, visiting the vari- ous Indians in their homes, makes the number who are looked after comparatively few. Mr. BuEKE. You have visited a good many of the Indiah agencies and reservations with a view of ascertaining health conditions, have you not? Dr. Murphy. Yes, sir. Mr. BuEKE. Now, to what extent have you found that matrons do the work that I have suggested might be done by matrons? Dr. ^Ii EPHY. We have quite a number of very excellent matrons; on the other hand, we have quite a number of women who consider the field matron's work — or who are reputed to consider the field matron's work — as a sinecure and who soldier " on the job, so to speak. That is the general reputation which a number of matrons have received. I would say that very little supervision has at pre- vious times been given to these matrons, but the office has now gotten a specific examination for field matrons — an entrance examination under the civil service — which requires that they answer questions in regard to sanitation and care of children and other items which a field matron should know in order -to teach the Indians, and we have a supervisor who devotes her entire time to these field matrons, im- proving their work and criticising and helping them, so that I believe that at the present time the field-matron service is under a better state of organization and is doing better work than ever before. INDIAN APPKOPEIATION BILL. 191 Mr. Bqrke. Where they are lax or do not devote their entire time to the duties of their positions it would be due largely to the lack of supervision on the part of the superintendent, would it not ? Dr. MuBPHY. To a great extent, yes. Mr. BuRiiE. Now, under existing conditions, if a physician or matron reports a home in an unsanitary condition, and perhaps that tuberculosis or trachoma may exist there, have you any way that you can correct those conditions and compel the Indian to improve his methods of living and take the afflicted persons away, if it is desired, without the consent of the Indian ? Dr. MuiuPHT. We have not at the present time, but we have in- serted in the estimates for this year a proviso clause which empowers the Commissioner of Indian Affairs to take complete and forcible control of cases of tuberculosis and trachoma, and other communi- cable diseases" where the Indian does not take precautions to prevent the spread of his disease. The Chairman. Do you know the page of that? Dr. Murphy. I think it is No. 4. Mr. Meritt. No. 4, page 3. Mr. BuEKE. If the sanitary conditions could be created and the Indians were required to live in homes that were better ventilated and more cleanly there would be undoubtedly a decrease in the amount of tuberculosis and other diseases, would there not? Dr. Murphy. There would. Mr. BuEKE. Have you any way now of, for instance, requiring an Indian to put windows in his house where he has not any — and they have not in many instances ? Dr. Murphy. We have none at the present time. Mr. BuEKE. All you can do is to coax him and suggest that he do so? Dr. Muephy. Yes, sir. I consider it would be very desirable if the bureau had power to issue building regulations which would re- quire that buildings comply with certain requirements. Mr. BuEKE. A little later we will undoubtedly interrogate you on the subject of tuberculosis and trachoma at considerable length. I wanted to get your opinion particularly as to this matron force, as being a proposed instrument that could be used to great advantage in correcting these conditions as to the health of the Indians. Dr. Muephy. I think the field matrons form an exceedingiy use- ful force in promoting the civilization and health of the Indian race as a whole. This is especially true among the Indians' who are not under the control of the school. And. I wish to call your attention to the fact that the apportionment for matrons for the present fiscal year is $50,000, and the increase which is being asked in om' ap- portionment is only $12,600. In other words, we will not be able to extend the field-matron service to any great extent with the appro- priation asked for in the 1915 estimates. Mr. BuRKE. If we were to increase the appropriation — that is, the part of this that is to be used for matrons— how many do you think you could employ in the next fiscal year to advantage ? Dr. Murphy. I believe that if suitable persons could be ob- tained 192 INDLiN APPKOPKIATION BILL. Mr. BuEKE (interposing) . "We have got to take into consideration whether you can get them or not. Dr. Mtjepht. I think we could pretty, nearly double our present force and do a great deal of good in doing so, especially as you sug-. gest that we could get better trained persons to do this class of work. Mr. BuEKB. Have we not some matrons in the service now that do not get very far away from the agency ? Dr. MtTRPHY. Yes, sir. They are poorly equipped as far as trans- portation is concerned. In the justifications which are submitted it is shown that while we have 74 matrons there are only 45 horses allotted to them for their exclusive use, and 10 additional horses which are used in common between the matrons, farmers, and -other Government employees on the agencies, so that you see the equipment of our field matrons in the field is very meager. Mr. BuEKE. Well, haven't some of the agencies automobiles. And it occurs to me that in many cases the superintendents and the matrons might go about the reservation in an automobile, and in that case it would not be necessary for her to have a steed. I do not know whether that would be possible or not, but it occurs to me that it might. Dr. Mtjephy. If the daily work of the matron requires the visiting of the homes, she really requires a conveyance of her own. Mr. Burke. Now, I want to ask some one about the forestry por- tion of this justification. Mr. Meeitt. Before you leave the matron item, I would suggest that the law requires us to submit our estimate in the form of the previous year, and because of that fact we are required to include the matron item with the industrial item. It should, as a matter of fact, be connected with the health item, because it is primarily a health proposition. But under the law we are required to estimate for it in the industrial item. The Chairman. Is it your desire, then, to reduce the amount you have asked for and make provision for it at another point ? Mr. Meeitt. That is simply a suggestion for the committee. The Chairman. Are these persons employed as matrons under the civil-service law? Do they stand the civil-.service examination? Dr. MtTRPHY. Yes, sir; all those Avho are paid $600 or over, as matrons, are under civil service. We are not putting in any new matrons now except those who do pass the increased requirements, as far as educational requirements are concerned. The Chaietman. Then, it is the desire of the department to drop those who only put in half their time and not allow the appointment of persons under the civil service who do not put in all their time? Dr. MuEPPiY. It is desirable to do so except those few matrons, such as missionaries, who are doing excellent work. In a general way, I may say yes. The Chairman. That would require those only putting in half time at $300 to stand a civil-service examination and give all their time. They would not be barred from entering the service at $600, would they ? Dr. Murphy. They would not if they passed the examination. The Chairman. Do you think the service would be benefited by that? . Dr. MuRPPiY. Yes, sir. INDIAN APPROPEIATION BILL. 193 STATEMENT OF W. H. VON BAYER, ACTING FORESTER, INDIAN BUREAU. Mr. Burke. I want to ask a few questions in relation to the forestry justification. It is on page 4. "Wliat is the acreage of the Indian reservations, classified as forests? Mr. VON Bayer. 7,853,846 acres. That is the total acreage of allotted and the unallotted Indian timberland. Mr. Burke. Have you an estimate as to the amount of timber that is in these forests ? Mr. VON Bayer. Yes, sir; we have a total estimated stand of 40,704,013,875 board feet of an estimated stumpage value of $85,839,908. Mr. Burke. In the salaries that are paid to the rangers — and I presume that is what they are of course ? Mr. VON Bayer. Forest guards, we call them. Mr. Burke. Are they required to have horses, or do they have horeses ? Mr. VON Bayer. Yes, sir. Mr. Burke. Do they furnish them? Mr. VON Bayer. Yes, sir. Mr. Burke. Then these salaries that appear in this justification is just the salary of the forest guard and his horse is it? Mr. vox Bayer. A forest guard is reguired to furnish his own horse. Mr. Burke. You allow him something for forage, do you ? Mr. VON Bayer. Yes, sir. Mr. Burke. Who supervises the daily actions of these forest guards ? ]Mr. VON Bayer. The superintendent of the Indian reservation. Mr. Burke. They are stationed, I presume, in different parts of the reservation? Mr. VON Bayer. Yes. On several reservations we have a special forest officer and when this is the case the superintendent of the agency delegates to the special forest officer the direct supervision of the guards, forest and mill, employees, and others engaged in forestry work. ' . Mr. Burke. Take, for instance, on this justification, Leech Lake, there you have what you call an overseer, I presume— it is on page 2 of this justification. Does that mean that that is the forester who supervises and directs the actions of the others that are employed there? What is the organization? Mr. VON Bayer. I am not prepared to say as to that position of ovGrsGcr Mr Meritt. The man employed in this position is engaged in general timber work, in safeguarding the timber interests of the Indians and in check scaling, and must be able to estimate the value of the timber upon allotments to the end that the Indians receive full value for such timber. . Mr Burke. This prosoped increase as to this service does not con- template increasing salaries, but the employment of more guards, does it? 24455—14 13 194 INDIAN APPROPRIATION BILL. Mr. Meeitt. That is right. Mr. Sells. You can take it as a general proposition that none of these items contemplate increasing salaries. Mr. BuEKE. Now, in making your estimates for the different branches of the service you only take into consideration, as I under- stand it, the money that is necessary to maintain the organization that is employed in the service there and in reservations where the expense is borne from tribal funds? Mr. Meriit. Yes, sir. Mr. BuEKE. And in this justification that you have submitted it does not appear as to how much is being expended upon reservations that are supported from tribal funds as to salaries, number of em- ployees, and so forth? Mr. Meeitt. I do not think the justification gives that detailed information. If you wish it, we can prepare it for you. Mr. BuEKE. I am coming on to that point. Your report says that there are 200 farmers employed, and yet there is a statement that 40 additional farmers are employed. Now, what I want to know is where they are employed, how they are paid, what they receive, so that we will have exactly the same information as to that that we have as to the 200. Mr. Meeitt. The table heretofore furnished in connection with this matter gives this information in detail. Mr. Btjeke. Now, are there any employees paid out of tribal funds in connection with any Indian reservation that are employed else- where than upon that particular reservation? Mr. Meeitt. No, sir. Mr. BuEKE. If an employee is paid out of the tribal fund of the reservation he is employed upon the reservation, and not elsewhere? Mr. Meeitt. Yes, sir. Mr. Bueke. So that you are not using any money of that kind to increase your force for which we make a specific appropriation? Mr. Meeitt. No, sir. Mr. Burke. Have you any information or does the justification show any figures as to how much money is received from the sale of dead and down timber, or in any way connected with the forest — any revenue received, and if so, how much? Mr. Meeitt. It is understood that the foregoing question refers to the cutting of timber on tribal lands of the Indians. In this con- nection there is given below a tabulated statement showing the amount of money received from the sale of tribal timber for the fiscal year 1913 and part of 1914 from some of the principal timbered Indian reservations: Fi-oal year 1913. Fiscal year 1914. S7,247.00 36,800.00 841,476.89 72.150.00 $10,560.00 Lac du Flainl3eau, Wis 149,942.95 Red Lalce, Minn INDIAN APPEOPfilATION BILL. 195 Mr. BuRicE. I think we ought to have that, with this vast amount af timberland, over 7,000,000 acres, there ought to be some revenue received, and we would like to know what it is and what disposition is made of it. Mr. Meeitt. Right along that line, I am satisfied that we are now getting into a position where we can get a certain income from the vast forests of the Indians. » Mr. JBuEKE. What is the regulation in relation to removing the timber from an Indian's allotment? For instance, a tract has been allotted and there is some timber on it. Does the Indian cut it and remove it, or do the regulations restrict him in using only such timber as may be necessary for the Indian ? Mr. Meeitt. If he wants to clear the land for agricultural pur- poses he is permitted to do so. If he has valuable timber his allot- ment is sold under one of the sections of the act of June 25, 1910 (36 Stat. L., 855). The Chaieman. Relative to the timber question, what is the pur- pose of the office, of the department, relative to the disposition of matured timber of the Indian reservations? Are you proposing to put sawmills in there and dispose of it in that way, or do you propose to sell it to individuals who will bring mills on to the reservations ? Mr. Meeitt. We have a number of small sawmills on the different reservations which we propose to utilize to their fullest capacity. We also propose to sell this timber by advertisements to the highest "bidder. The Chairman. So that persons may install lumber mills and build their tramways, and so forth, and take the timber out in the usual way? Mr. Meeitt. Yes, sir. The Chairman. Does that apply to all the timber or only to ma- tured timber? Mr. Meeitt. We are trying to handle the timber along conserva- tion lines and sell the timber only that is suitable to be cut. Mr. von Bayer. Contracts entered into for the sale of Indian tim- ber provide, among other things, that all the merchantable dead tim- ber, standing or fallen, and the live timber marked for cutting by the proper officer of the Indian Service, must be taken. Mr. Burke. What I had in mind was the question of cutting and disposing of timber that is matured, or has been hurt, injured by fire, so that it will die — as to the extent that the department is en- deavoring to get that timber upon the market. Mr. VON Bayer. We are doing everything possible to sell such timber. Mr. Burke. Have you done anything especially with reference to the timber of the Spokane Reservation in Washington, or the Col- ville? Mr. VON Bayer. No, sir. Mr. Meeitt. We are submitting legislation in regard to the timber on that reservation. Mr. Carter. You have some sawmills on the Colville Reservation now, haven't you ? ^ Mr. Meritt. Yes; one Goverijment and one private sawmill, I think. 196 INDIAN APPEOPEIATION BILL. The CHAiRaiAN. There are a great many Apaches who have re- cently been removed from New Mexico to the Mescadero Eeservation. Yon are endeavoring to provide homes for those people, are you? Mr. Meeitt. Yes, sir. The Chairman. I desire to ask whether you have any sawmills ioT the purpose of taking care of the timber on that reservation, so that houses may be provided for those people ? Mr. Meeitt. Yes; we have a sawmill on that reservation. There is a very large amount of valuable timber on the reservation, and we would have sold it before except for the lack of railroad facilities, The reservation is some distance removed from a railroad. There are over $4,000,000 worth of timber on that reservation. There is one sawmill there Avorth about $2,000. The Chaiebian. I want to ask a question with reference to this item on lines 5 and 6, page 9. It seems to be an amendment to the law as it noAV exists : " For furnishing necessary equipment and sup- plies for such farmers and stockmen." Would not the law allow yoii to do that without changing this language ? Mr. Meeitt. There was some question about that and this amend- ment was placed in the estimates on the request of the finance division of the office. Another question has arisen now, and we think it is a little bit too broad as now written, and we would ask that that proposed amendment be stricken out. Mr. Caetee. I want to ask what is considered by your bureau as ripe timber? Mr. VON Batee. The general minimum diameter limits to which trees are cut will vary greatly with local conditions, but upon lands which are to be kept as timberlands the minimum diameter limit to which timber will be allowed to be cut will be such as to leave sufficient seed trees in all cases and in most instances so as to leave 20 to 30 per cent of the merchantable stand as a basis for future timber crops. Mr. Caetee. That is a general rule ? Mr. VON Bayee. Yes, sir. ■ Th© following statement shows the approximate diameter limits stipulated in recent contracts covering sales of timber: Nortliwest, Klnmath Reservation, Oreg., sale of 52,000,000 feet and iiroposed sale of 400,000,000 feet. At 4 J feet from ground. 8 inches for yellow pine and sugar pine; 4 inches for all other species. Lake States, Leech Lake Reservation, Jlinn., 30,000,000-foot sale. At 44 feet from ground, 10 inches for all species except cedar; 5 inches for Southwest, Fort Apache Reservation, Ariz., 330,000,000-foot sale. No definite diameter limit specified, but the contract specifies that all trees eontaining one merchantable saw log will be taken. Mr. Caetee. Well, in cases where you have not railroad facilities, such as was suggested by Mr. Meritt, are you looking after those, and especially with a view of putting in sawmills, so that the timber may be utilized for the Indians themselves? Mr. VON Bayee. Yes, sir. We have had most of the timber reser- vations cruised, and we have very careful estimates, showing the amount of merchantable timber on those reservations whose timber can be sold to advantage. INDIAN APPKOPEIATION BILL. 197 Mr. Carter. How many sawmills have you? Mr. VON Bayer. We have 36 Government sawmills and 41 private sawmills operating on Indian reservations. Mr. Carter. You mean privately owned sawmills? Mr. AON Bayer. Yes, sir. Mr. Seli^. Eight along that line, Mr. Chairman and Mr. Carter, I have given some considerable attention to the selection of a for- ester, and I have only recently appointed one. "We have a very ex- cellent^ force engaged in our forestry work. We have now added to" it a highly equipped and very dependable and practical forester, and we expect to give special attention to work along the lines of your suggestion, with a view to utilizing the conditions mentioned by you, and in furtherance of the construction of homes and in industrial development. Mr. Carter. You know the President made some very practical suggestions about conservation, and one reason I was asking about the forestry question there was to find out if it might not be possible to carry out, as near as possible, his ideas about that on Indian reservations. Mr. Seixs. It is apparent to me that there is an opportunity for the securing of large resources to be utilized along those lines from the timber conditions on the reservations. Mr. Burke. Mr. Meritt, in this bill, and at the end of this para- graph, is this proviso : " That the amounts paid to matrons, foresters, farmers, and stockmen herein provided for shall not be included within the limitation on salaries and compensation of employees con- tained in the act of August 24, 1912." I wish you would explain just what that proviso is. Mr. Meritt. That act limits the amount that might be expended at agencies for employees to $15,000, and at consolidated agencies to $20,000, and this proviso clause excludes these various employees from that limitation. As reservations are allotted and tribal rela- tions are broken up and individual Indians given allotments, it neces- sarily increases the administrative force of the reservation, and also very largely increases the work of the agency, as well as the Indian Office, and it is necessary, because of that fact, that we have excluded these employees from the provisions of that law. Mr. BtJRKE. Formerly the employees at an Indian agency were mostly there for the purpose of keeping the Indians on the reserva- tion and policing them, issuing rations, etc., and more recently we have been providing these special employees— teaching them in industrial lines, farming, etc. — and the limitation as to em- ployees originally had reference, of course, to the persons that were used as I indicated. Now we provide these various extra appropria- tions for these special purposes, and therefore provide that the moneys expended upon the reservations for that purpose would not be within that limitation. Mr. Meritt. Yes, sir ; that is the meanmg of that proviso clause. Mr. BtTRKE. The act of June 7, 1897, which has been the former act — do you remember what the amount in that act Avas? Mr. Meritt. That amount was $10,000 for agencies and $15,000 for consolidated agencies. 198 INDIAIy" APPEOPBIATION BILL. Mr. BuEKE. $10,000 and $15,000? Mr. Meritt. Yes, sir ; and the act of August 24, 1912, increased the amount to $15,000 at agencies and $20,000 at consolidated agencies. Mr. Burke. I would like to see that act. Mr. Meritt. The original law is found in Thirtieth Statutes at Large, page 90. The proviso you are looking for is found on page 521 of the Thirty-seventh Statutes, and reads, " That so much of the provision of the Indian appropriation act of June 7, 1897 (30 Stat. L., pp. 62-90), which limits the amount that may be paid for salaries or compensation to employees at one agency to $10,000, or at a consoli- dated agency to $15,000, is hereby amended by increasing the amounts to $15,000 and $20,000, respectively." Mr. BxjEKB. Now, why did we make that change unless it was to provide for a limitation as to the amount that might be expended at any one agency? Mr. Meeitt. That covers the regular agency employees, Mr. Burke, but does not cover this special line of industries that we have taken up very recently. Heretofore foresters have been included within that limitation, but we are asking that foresters be excluded from the provision of that law, and that is the reason why we are asking for this amendment. Mr. BiTeke. If these farmers and the foresters and the matrons and the stockmen are paid out of this special fund and the police- men are paid out of another fund — I do not know whether they are included or not — what do your employees consist of that would make it necessary to have a force on a reservation of any size that would receive as much as $20,000 or $15,000? Mr. Meeitt. On a large reservation, like Rosebud, for instance, it requires quite a number of clerks to handle the correspondence and keep the property accounts and the books of the agency and to look after land sales and the leasing of Indian lands, and there are any number of details that have to be looked after on a reservation of that character. Mr. BuEKE. I wish, simply for our information, that you would ascertain what that amount ,is on the Rosebud Reservation in South Dakota, in order that we may have the information as to how much is being expended there. Mr. Meeitt. I offer for the record the following in response to your request: INDIAN APPKOPEIATION BILL. Bosehud, 8. Dak. 199 Number and position. Rate otpay. Totai. Payable from— "White: Ichi^f clerk $1,400 1,100 900 S40 840 840 780 1,200 720 720 720 1,000 660 1,000 720 600 240 480 360 360 240 480 900 135 120 31,400 1,100 900 840 840 840 780 1,200 720 720 720 1,000 600 1,000 Support ol Sioux ol different tribes, employees, 1914. Do. 1 lease clerk . ' 1 clerk Do. 1 assistant clerk Do. Do. Do. Do. Do. Do. 1 phv^ician Do. Do. Do. 1 blacksmith Do. Do. Do Do. Do. 1 stock detective Do. Indian: 12,720 720 600 240 480 1,080 360 ■480 Do. Do 1 blacksmltli Do. Do. 3 teamsters Do. Do. 2 laborers Do. 3,960 480 5,400 Miscellaneous: 36 privates 420 8,640 Fav of Indian poiice, 1914. Do. 9,060 1 Per month. -The act of June 7, 1897 (30 Stats., 90), provides: " That hereafter not more than ten thousand dollars shall be paid in any one year for salaries or compensation of employees regularly employed at any one agency, for its conduct and management, and the number and kind of employees at each agency shall be prescribed by the Secretary of the Interior and none other shall be employed: Provided, That where two or more Indian agencies have been or may hereafter be consolidated, the expenditure of such consolidated agencies for regular employees shall not exceed fifteen thousand dollars: Provided further, That salaries or compensation of agents, Indians, school employees of every description, and persons temporarily employed, in case of emergency, to prevent loss of life and property, in the erection of build- ings, the work of irrigation, and making other permanent improvements, shall not be construed as coming within the limitations fixed by the foregoing para- graphs." The act of August 24, 1912 (37 Stats. 521), amends this by increasmg the amounts from $10,000 to $15,000, and from $15,000 to $20,000, respectively. It will be noted that the original act, as well as the amended act, excepts from the provision made therein salaries of agents, Indians, school employees of every description, persons temporarily employed and persons employed in irrigation works. „ .^ , The foregoing list of the agency employees for the Rosebud Agency, S. Dak., as now existing, shows the various positions and salaries and classifies these positions to conform to the provisions of the acts just cited. The first group, the white employees for the agency, amounting in total to $12,720, are all the employees that charge against the $15,000 maximum. All the remaining positions for this agency are Indians except the six farmers paid from Indus- trial work and care of timber." The Indian employees are excepted by the original act and the farmers are excepted by the act making the appropriation. At the time the original act became a law there was no such thing as a forestry service connected with the administration of Indian Affairs. Had there then been a forestry service, as there now is, it is presumed such would 200 INDIAN APPEOPEIATION BILL. have been excepted, being an operating service, tlie same as Irrigation, con- struction vs^ork, etc. Tbe Indian Service Is novif embarrassed at a fevy agencies where it Is desired to put in sawmills and operate them, partly to provide building material for the Indians and partly with the view of marketing the surplus product, and thereby create a maintenance fund to carry on this work. The necessary em- ployees to handle the timber and operate the mills, if paid from tribal funds or proceeds of the sale of timber, as the law now is, would charge against the $15,000 maximum. In some places it would now be impossible to establish mills and operate them for the purposes and along the lines named above by reason of the limitation of this $15,000 maximum. In justification of the Rosebud salary list, as now existing, it is pointed out that there are about 5,000 Indians under this jurisdiction; that the former reservation was about 100 miles long by 30 or 40 miles wide. The work of allotting the Indians began about 15 years ago, continuing down to the present time, and as long as lands are yet available for allotment purposes, making in all considerably over 5,000 allotments. Most of the reservation is open to settlement, and the Indians are surrounded by white settlers. There are now several hundred Indian estates to be probated. The indi- vidual Indian moneys on deposit have run from about $500,000 to $1,000,000 for the last five years. Some of the lands are under lease, some are being sold as inherited lands or as being allotments of noncompetent Indians, and others are being patented where the allottees are found to be competent. Rations are still issued to the old, sick, and the dependent, and one boarding school and about 20 day schools are in operation on behalf of the Government and 2 boarding schools on behalf of mission societies. Mr. BuEKE. We would like also to have you give us the amount expended for the police, for the purpose of preventing the sale of whisky and other intoxicating liquors. Mr. Meeitt. That would come under our liquor item, and we will be very glad to get that for you. The information desired regarding this matter is as follows : Under the appropriation for the pay of Indian police and the regulations of the Indian Office these employees are required to assist in the suppression of the liquor traffic among the Indians. As to the amount charged to the appro- priation for the suppression of the liquor traffic, on account of the operations of the Indian police, accurate data is not available in the office, but it is esti- mated by the chief special officer, who is charged with the disbursement of the latter, that not exceeding $100 of that appropriation has been used by the Indian police for traveling expenses, which is about the only expense incurred by them in that connection. Mr. CliairmaUj in connection with this item I wish to say that the Indian Service now has 36 Government sawmills and 41 pri- vate sawmills operating on Indian reservations and cutting Indian timber. The Government sawmills are usually small affairs, consist- ing largely of portable mills, and have not heretofore been operated with that efficiency that will hereafter be demanded. The Govern- ment sawmills on Indian reservations are now being looked into by our Indian forest service, and we are requiring reports regarding each one of these plants ; and it is our intention to make these Government sawmills not only self-supporting, but of material aid in producing lumber with which to construct homes for Indians. I wish to empha- size the fact that there are approximately 8,000 Indian families with- out substantial homes, but who live in tepees, mud lodges, or hogans, with dirt floors, which are badly ventilated. These Indians live under disheartening sanitary conditions, and this condition of their homes brings about very largely the excessive death rate among In- dians. This condition should not prevail when the Indians own tim- ber worth approximately $90,000,000. In this connection I wish to INDIAN APPROPEIATION BILL. 201 State that the office this year had in mind the advisability of asking for a reimbursable appropriation for the purpose of establishing saw- mills on reservations where there are large amounts of standing tim- ber and where we have no sawmill facilities, but it was thought advisable, in view of the large amount of reimbursable appropriations requested for industrial purposes, to defer this request until another year. I have given the question of constructing sanitary homes for Indians some thought and have written an article on this subject, which reads as follows : SANITARY HOMES FOE INDIANS. Notwithstanding the fact that the Federal Government has appropriated dur- ing the last century several hundred millions of dollars for the support and civilization of the Indians of this country, there are to-day thousands of In- dians who are wards of the Government living from .four to eight to the family in one-room shacks, cabins, wickiups, or tents, some of them on dirt floors, and under the most revolting, insanitary conditions — conditions that must of necessity cause the propagation and transmission of most dangerous diseases, such as tuberculosis and trachoma, not only to each member of the Indian family, but to other Indians of the immediate vicinity, as well as the whites with whom they come in contact. A large number of the Indians living under these deplorable conditions have been allotted valuable lands, ranging from SO to 320 acres to each Indian. In my judgment, one of the strongest indictments against the efficiency of Indian administration of the past is the fact that Indian families owning anywhere from 40O to 1,000 acres of valuable land are permitted to live in insanitary and crowded conditions in one-room huts that are nothing less than disease breeders. I know of no field in the Indian Service that offers better opportunities for successful work — ^work that will accomplish great good for the Indians and that will be lasting in its effects — than the building of sanitary homes to take the place of the disease-breeding hovels now existing on practically all Indian reservations, and the teaching of the Indians to live wholesome, sanitary lives in their new homes. I am not unmindful of the fact that during the last few years, especially under the present administration, greater efforts have been made by the increased and more thoroughly organized medical force to improve the health conditions of the Indians so far as the limited appropriations provided by Congress for that work would permit. However, it must be apparent to those familiar with conditions on Indian reservations as they now exist, notwithstanding recent improvements, that there is urgent necessity of a more thorough and vigorous campaign for im- proved health and housing condition among Indians. Because of recent publicity regarding the unfortunate condition of certain Chippewa Indians, and the serious possibility and probability of the spreading of trachoma to white communities if this dreadful disease is not more thoroughly controlled, I believe it is probable that Congress can be prevailed upon in the near future to increase largely the appropriation for the Indian medical service so that there can he money available for a thorough clean-up of the unfortunate health and sanitary conditions now existing on Indian reservations. In this connection, I might suggest that for the next few years there should be available an increased annual appropriation for health work among In- dians, of not less than $250,000. I am also aware that on a few of the reservations there has been recently considerable activity in the building of homes which are a credit to the Indians. It is with the hope, however, that this good work may become more general on all Indian reservations, and that the superintendents may enter into an organized and persistent campaign for better housing and sanitary conditions among the Indians, that I am writing this article. It is difficult to develop an Indian to a standard of civilization above and beyond his home environment. Able scientific authorities now tell us that environment has more to do witli the development of the individual, the develop- ment of his mind and character, than heredity. If this be true, what an awful 202 INDIAN APPEOPKIATIOK BILL. inlieritance and what a heavy load on the upward climb to a higher civilization must be the portion of the little Indian children born and reared among the surroundings and conditions found in some of the alleged Indian homes. We hear a great deal these days about conservation — conservation of timber, coal, water-power and reservoir sites, and other natural resources — in all of which I am a strong believer. But what a splendid opportunity for the con- servation of human life — the lives of little Indian children, as well as the lives of their fathers and mothers — in a vigorous campaign for better housing conditions among Indians that will produce actual results. One of the unfortunate features of our present Indian school system is the fact that after training and educating Indian boys and girls at nonreservatiou schools, where they are surrounded by and become accustomed to modern con- ditions of civilized life, and after graduation, it becomes necessary to return them to the frequently repugnant environment and revolting conditions of the home life of some of their parents on the Indian reservation. I know that it requires money to build homes, but on a large number of the i;'eservations it does not require as much money as one might think necessary for that purpose. Most of the reservations have an abundant timber supply, and on some there are Government sawmills equipped to produce the material for Indian homes at noroinal cost. The Indians of the country have to their credit about $8,000,000 of individual Indian moneys, and there is deposited in the United States Treasury nearly $50,000,000 of treaty and trust funds which could be segregated and made available to certain classes of Indians under the provisions of the act of March 2, 1907 (34 Stat. L., 1221). I know of no better use that, could be made of this money than improving the homes of Indians and making them sanitary and wholesome. On all allotted reservations the Indians have valuable lands that are not cultivated by the allottees, and nearly every Indian family has one or more inherited allotments that could be sold. Why not urge the Indians more strongly than ever before to sell their inherited allotments and part of their surplus lands to white farmers and use the proceeds to construct modern homes to take the places of the disease-breeding shacks now so common on Indian reservations? The homes and farms of the white farmers would be models for the Indians. Besides, these farmers would establish free schools, build roads and churches, and bring other civilizing agencies to bear on the community that would not only result in elevating the Indian to a higher social status, but would greatly increase the value of his property. By improving the homes of the Indians we will not only improve their health and morals but their industrial condition as well, and when all the able- bodied Indians learn to work with their hands and brains and have the inclina- tion to work, and do actually work, then will the Indian question be solved. If by some psychological process there could be impressed on the minds of the Indians of this country the necessity and the great benefit, morally and physically, of labor, and the absurdity of owning valuable agricultural lands without farming those lands or without getting any benefit from them, the further need of the Indian Bureau would not be very great. In order that improved industrial conditions may be brought about, I am strongly in favor of a very large reimbursable appropriation, so that every worthy Indian allottee may have seed for planting and adequate farming im- plements with which to begin in dead earnest farming operations on his allot- ment. A large appropriation of this character available for a number of years would make the Indians independent industrially, and would result eventually In large savings of gratuity appropriations by the Government. The campaign for improved housing conditions among the Indians is largely up to the superintendents. The Indian Oflice will be very glad to cooperate in every way possible in this work. This movement could and should accom- plish practical results for the benefit of the Indians. House or Rbpkesentatives, SUBCOJEMITTEE OE THE CoMMITTEE ON InDIAN ArFAIBS, Wednesday, December 31, 1913. The subcommittee met at 10 o'clock a. m., Hon. John II. Stephens (chairman) presiding. INDIAN APPEOPKIATION BILL. 203 STATEMENT OF ME. WAITER B. FRY, ASSISTANT CHIEF BUREAU OF INDIAN AFFAIRS. The Chairman. What is the next item, Mr. Meritt? Mr. Meritt. We would like to take up item — For the purchase of goods ana supplies for the Indian Service, including in- spection, pay of necessary employees, and all other expenses connected there- with, including advertising, storage, and transportation of Indian goods and supplies, $325,000. The following justification is offered for the record : Purchase and transportation of Indian supplies. Fiscal year ending June 30, 1914, amount appropriated $300, 000. 00 Fiscal year ended June 30, 1913 : Amount appropriated 285, 000. 00 Amount expended j. 358, 616. 77 Overdrawn 73, 636. 77 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 46,988.96 Traveling expenses 4, 331. 02 Transportation of supplies 291,843.41 'Telegraph and telephone service 734.84 Heat, light, and power (service) 329.79 Printing and advertising 749.56 Stationery 804.30 Fuel 318^39 Equipment ^ 51 8? 41 Rent of warehouses 11,740.00 Miscellaneous 258. 09 Total 358, 616. 77 Of the total amount $59,349.31 was expended on account of the five ware- houses. Appropriated, 1913 $285, 000 Appropriated, 1914 300, 000 Estimate, 1915 325, 000 This fund is used entirely in the payment of expenses incident to the pur- chase, inspection, advertising for, and transportation of supplies for the In- dians and for the Indian Service generally, including the cost of maintaining the five Indian warehouses. No part of it is expended for supplies except for such equipment as may be required by the warehouses. The appropriation for the fiscal year 1913 was expended as follows : Amount appropriated $285, 000. 00 Amount expended 358, 616. 77 Overdrawn ''3, 616. 77 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 46,988.96 Traveling expenses 4, 331. 02 Transportation of supplies 291,843.41 Telegraph and telephone service 734.84 Heat, light, and power (service) 329.79 Printing and advertising '- 'i'49. 56 Stationery 804.30 Fuel ...__ 318. 39 Equipment ^^^'S Rent of warehouses ^^'T^a Miscellaneous 258.09 Total 358, 616. 77 204 INDIAN APPEOPEIATION BILL. As will be seen, the larger part of the appropriation was expended in trans- portation of supplies, including something like $60,000 to $75,000 for wagon transportation from the termini of railroads and steamboat lines. The cost of maintaining the five warehouses was $62,475.03, of which, at the time the foregoing statement was prepared, $59,349.31 had actually been spent. This expense was divided as follows: Regular employees, $35,203.57; irregular employees, $8,431.50; rental of buildings, $11,100; light, $362.86; fuel, $136.15; arfd $7,240.95 for miscellaneous expenditures. The cost of inspecting supplies Is included in the amount paid irregular employees. In so far as the appro- priation for the fiscal year 1914 may be applicable, it is estimated the pro rata expense will be about the same as in 1913. From 1908 to 1911 inclusive, the Congress annually appropriated $315,000 under this title, which during those years also Included a provision, with no amount stated, for paying the expenses incident to telegraphing and telephon- ing throughout the Indian Service. In the bill for the fiscal year 1912 the appropriation was cut to $285,000, a separate appropriation of $14,000 being made for telegraphing and telephoning. Thus it will be seen that an actual reduction of $16,000 was made from the amount theretofore allowed for the purchase and transportation of supplies. During the fiscal year 1913, $9,000 was appropriated for telegraphing and telephoning and $285,000 for the other purposes. Each year for a number of years there has been spent, in addition to the regular appropriation, the larger part of $30,000, which expenditures annually were taken care of prior to the fiscal year 1913 by means of deficiency appro- priation. By passing these deficiency items Congress plainly indicated its acceptance of the explanation offered each year by the Commissioner of Indian Affairs to the effect that the cost of purchasing and transporting Indian supplies could not be figured in advance of his estimating for Congress the amounts required, for the reason that the contracts for the supplies were not then awarded, consequently the points of shipment, weights, etc. (data on which such an estimate would necessarily have to be predicated), were not then known. As will be seen from the foregoing table, the appropriation for the fiscal year 1913 at present is over hypothecated to the extent of $73,616.77. It is estimated that when all the expenses for 1913 have been paid this amount wiU reach the $100,000 mark. This overhypothecation has increased steadily, not- withstanding instructions sent to the field quite a while before the fiscal year closed to the effect that economy must be exercised in the use of this appro- priation, and of the action of the Commissioner of Indian Affairs, during the latter part of the fiscal year, in buying supplies laid down at destination, even at a greater expense to the Government, to avoid drawing further on this fund. Adding to the appropriation of $285,000 the deficit of $100,000, it will be seen that approximately $385,000 will be required to meet the actual expenses for the fiscal year 1913. In a further effort to keep the expenditures incident to the purchase and transportation of supplies within the appropriation of $300,000, the act ap- proved June 30, 1913 (Indian appropriation bill for the fiscal year 1914), was made to provide during the fiscal year 1914 for the wagon transportation from the terminals of the railroad or steamboat lines to the schools and agencies out of the same funds as were to be charged with the cost of the supplies themselves. Therefore, if the total amount expended (or to be expended) during the fiscal year is estimated at $60,000, the result shows clearly that $325,000, approximately, will be required for the general purposes of this appropriation. To appropriate less than this amount will mean that at some time during the next fiscal year the Commissioner of Indian Affairs will be compelled to stop purchasing on the cheapest basis available and buy the supplies for the service delivered at the schools and agencies, or at the freight terminals near- est thereto, because the funds which are appropriated to pay for transport- ing supplies will have been exhausted ; thus would be lost to the Government the advantages gamed by advertising locally and in large commercial centers and by shipping over land-grant roads, as is the custom. In connection with the appropriation for the fiscal year 1913, a deficiency item was asked for but was not obtained; and if, in denying this deficiency item, the Congress has established a precedent, it is necessary that the amount required be covered by the original appropriation. INDIAN APPEOPEIAXION BILL. 205 It is believed, since tlie wagon transportation is to be paid out of support funds, that the appropriation requested, \ii, $325,000, will be adequate to cover the needs of the Indian Service in this direction. Mr. Meeitt. We have with us Mr. Fry, of the Indian Office, who has made a specialty of the purchase of goods and their transporta- tion, and if there is any additional information besides that con- tained in the justification, Mr. Fry -will be glad to furnish it, Mr. Carter. You ask an increase here of $25,000? Mr. MERi'n\ Yes, sir. The Chairman. Mr. Fry, proceed to make such statement as you desire. Mr. BuEKE. Suppose, before he makes his statement, you have him explain the reasons for this change in the language. The Chairman. Yes; suppose you do that. Mr. Meritt. There is no change in the language except that the proviso clause has been stricken out. Mr. Burke. That is what I meant. The Chairman. Explain why that clause was stricken out. Mr. Meritt. That law is a continuing law, and it is not nece^^ary to incorporate it in the bill this year. The Chairm-vn. It is not necessary to carry that provision in each appropriation bill? Mr. Meeitt. No, sir. The Chairman. Proceed, Mr. Fry. Mr. Fey. As to the necessity for the increase, I will say that, for one thing, we have always had less money than was necessary' to carry along the transportation end of the business. Only a veiy small part of this fund is expended for supplies, and the term " purchase of goods and supplies" there is somewhat misleading. What is meant is the expenses incident to purchasing the supplies for the Indian Service. It is not expended' for supplies, except the few articles purchased for the five Government Avarehouses, which are located at New York, Chicago, St. Louis, Omaha, and San Francisco. Practically every year for a number of years past we have had to expend more money than was allowed us by Congress for the pur- pose of this item. The expenditures out of this fund m.ay be divided into three classes: (1) For the running of the five warehouses; (2) for the cost, prior to the fiscal year 1914, of wagon transportation from railroad and steamboat terminals; and (3) the actual cost of transporting supplies by rail and boat lines. Up to two years ago there was included in tliis appropriation a sum for telegraphing and telephoning. I think it was included up to 1911. The appropria- tion, which was then, and had been up to that time, $315,000, was in 1912 split up, and of it $14,000 was specifically appropriated for tele- graphing and telephoning, the remainder of the appropriation being ■cut $16,000, to $285,000 for the other purposes. Now, the expenses for the year amount to practically $100,000 more than that sum, •or to nearly $385,000. In order to protect ourselves against a deficit, we asked Congress for 1914 to change the wording of the act— the one you have just alluded to there— allowing us to pay the cost of the transportation ■of goods and supplies from railroad and steamboat terminals to the agencies and schools from support funds, because this particular 206 INDIAN APPROPRIATION BILL. fund could not stand it. This was done. That reduces the ex- penditures about $60,000, leaving as liabilities against this fund for the fiscal year 1914 the expense of running the warehouses and the actual cost of transporting supplies. The cost of running the warehouses amounts to about $60,000 or $65,000 each year, and we expend $250,000 or more annually for transportation. That is shown by the statistics of the office. There is absolutely no way of figuring in advance the actual cost of the transportation of sup- plies during the next fiscal year. You see the general estimates are made to Congress long before the contracts for supplies are made for the year in which the appropriation for transportation is to be- come available. The estimates are made in the early fall for this expense, and we do not open bids for contracts for supplies until the following spring, in February, March, or April. Consequently we do not know where the goods will be bought, nor how the contracts will be split up. We do not know whether certain supplies will have to be transported from San Francisco, New York, or from some point in the Middle West. As we advertise freely and buy extensively throughout the country, you will see that the freight question is very important and one that varies each year. We have tried to esti- mate it in advance, but it is impossible to do so, other than to base our request on past expenditures. If all our purchases were made by weight, we could figure probably on a somewhat definite basis, but as we have clothing, dry goods, etc., that is not purchased by weight, we are compelled to estimate in a general way the cost of transportation. If you will stop to consider the number of places from and to which we ship and the large variety of articles purchased and in varying quantities, you will see that the task of estimating otherwise the cost of transportation would be an enormous one. The best we can do is to estimate on what we will need, basing it on what has been required in the past. Until 1900 practically all supplies purchased for the superintendent of an agency were bought delivered at the agency or shipped there from the warehouses by transportation contractors at flat rates per hundredweight. At that time we realized the fact that many of the railroads were Government land-^grant roads, that we were entitled to concessions in freight, and that it would be better to ship our own supplies. Gradually this transporta- tion policy has been extended until to-day we do not purchase any- thing of consequence delivered until it is shown by figuring that it is a better proposition, price and freight considered, than any other we can get at the same destination point by doing the shipping ourselves. Practically all our purchases are figured out on that basis now . Mr. Meeitt. Suppose you explain to the committee what saving can be made by shipping goods over land-grant railroads. Mr. Fey. I can give you some examples of it : For instance, over the line between Chicago and St. Paul, every pound of freight that goes over that line, or any line between those points, is subject to about a 22 per cent deduction. From St. Paul to Portland, it runs to 48 and a fraction per cent deduction; from San Francisco to Portland' cr from Portland to San Francisco, it runs to about 86 per cent off. Mr. Carter. What do you mean by a 22 per cent deduction ? INDIAN APPEOPBIATION BILL. 207 Mr. Fry. That means if supplies are shipped from Chicago to St. 'aiil and the rate, we will say, is $1, we would get 22 cents oif. Mr. Carter. Then, you get larger deductions between some other )laces ? Mr. Fry. Yes, sir. For instance, if the rate from St. Paul to ^^ortland were $1, we would get nearty 50 cents off. In other words, he Northern Pacific Railroad is a land-grant road from just above ■it. Paul all the way to Portland, and we get practically 50 per cent iff on everything we ship over that line. On shipments from Port- and to San Francisco, we get a free haul to Roseville Junction, ivhich is just cut of Sacramento. On the Santa Fe road we get big leductions — we get a deduction of about 19 per cent from Chicago ;o the Missouri Eiver and about 26 per cent from the Missouri Eiver .0 Albuqurque; then we get over .36 per cent off from Albuqurque into San Francisco. All of the transcontinental lines equalize, and :he land-grant roads extend all over the country, as perhaps you know. The Chairjian. That applies to all the railroads that had land grants given them by the Government, and that is a part of the rea- son why the Government ceded the lands to them ? Mr. Fry. Yes, sir. The history of this land grant proposition is this : The land was granted the railroad companies to help them in the extension of their roads. Now, as was developed by the case of the Illinois Central Railroad, just after the Civil War, the Govern- ment insisted and had insisted up to that time, that they were en- titled to use the railroad company's rolling stock and roadbeds, but rhe company held differently and argued that they agreed only to allow the free use of the rails to the Government, and that they did not give to the Government the right to use their rolling stock. So the case was sent to the courts and it was afterwards compromised on a 50 per cent basis, the railroads agreeing to allow the Government to use also their rolling stock and deducting only 50 per cent. Later, Congress corrected that error, if it was such, by inserting in future statutes granting lands a specific provision as to just what was to govern as to consideration for the grants. That is why we can ship supplies free of charge over a portion of the line between Port- land and San Francisco, and also over a portion of the Chicago, Milwaukee & St. Paul Eailroad through Minnesota and South Dakota. A portio'n of the road south of St. Paul is free, and there are portions of other lines in the country that are so-called free land-grant roads. Mr. Meritt. Please explain to the committee what saving will result by having an adequate appropriation for this item. Mr. Fry. Last year, for instance, during the latter part of the year, when we found that we were exceeding the appropriation, we had to stop purchasing in the way we had been doing ; that is, by getting our bidders' prices and figuring the freight to destmation on heavy stuff and where we should have taken the cheapest acceptable price on the basis of freight and original cost together, we had simply to get away from that and buy laid down at destination. The reason for so doing is this : Where we buy an article laid down at the agency or school the entire cost is charged against the support fund for the particular school or agency, whereas if we should buy the 208 INDIAN APPEOPRIATION BILL. same article in Chicago and ship it on a Government bill of lading the cost at Chicago only would come from the support fund and the freight charge would be met from the fund we are discussinig here. We have always, as a business proposition, wherever it was prac- ticable to do so, bought where it was cheapest. Of course, the more we buy delivered away from the reservation the greater the expense saddled on this fund becomes, and each year it has increased, as cur method of handling that business has improved, until to-day we are practically getting, as long as the transportation fund will hold out, everything as cheaply as it possibly can be gotten under' our system. Mr. Meeitt. There has been for several years a deficiency in this appropriation, ranging from $25,000 to $75,000. Under the act of February 27, 1906, volume 34, Statutes at Large, page 49, which amended section 3679 of the Revised Statutes, the officials of the Indian Bureau subject themselves to a fine and also to dismissal and imprisonment for permitting deficiencies, and it is very important that this matter be fully explained to the committee so that the officials of the bureau will not be further placed in that position. The Chairman. Is that the c;nly reason why you increase this appropriation by $25,000 ? Mr. Meritt. The closing sentence of this law I have referred to reads as follows : Any person violating any provision of this section shall be summarily removed from office and may also be punished by a fine of not less than $100 or by imprisonment for not less than one month. Mr. Fey. Congress each year, up until the last two years, has given us a deficiency appropriation. Each year we have come back to Congress, after the Treasury Department had figured up about what the necessary balance would be, and have gotten a deficiency appropriation. Counting in that deficiency item it will run up the total amount expended under this appropriation to practically $385,000. $285,000 was the appropriation and $100,000 was the estimated deficiency for 1913. That is about the way it has run, mak- ing a total annual expenditure of about $385,000. We have elimi- nated from this fund for 1914 the cost of the wagon haul and that has saved this appropriation something like $60,000, which would leave us about $325,000, the amount we are asking for now, for the two legitimate purposes for which the fund is intended ; that is, the cost of maintaining the five warehouses, which is about $60,000 or $65,000, and the actual cost of freighting these supplies by railroad and steamboat, which amounts to about $250,000. The Chairman. You think, then, if you were allowed an appro- priation of $325,000, the amount asked for, you would not have to resort to another committee for the purpose of making up a de- ficiency ? Mr. Fry. I am reasonably sure of it. The Chairman. You think you could keep within those bounds? Mr. Fry. Yes, sir; unless something unusual happens. The Chairman. How many warehouses have you? Mr. Fry. We have five. The Chairman. Where are they situated? INDIAN APPKOPEIATION BILL. 209 Mr. Fry. They are situated at Xew York, Chicago, St. Louis, Omaha, and San Francisco. The Chairman. Which one is your chief warehouse? Mr. Fry. The one at Chicago. The Chairman. Can you give us a statement showing the amount of business you do there, in round numbers ? . Mr. Fry. I can give it to you in several ways. I can give it to you in the valuation of the goods. The Chairman. I suppose that would be the most accurate way. Mr. Fry. During the last fiscal year, 1913, the value of the sup- plies handled through the Chicago warehouse was $610,732.60. I can give you that by weight in pounds, if you would like it that way.- The Chairman. That is not necessary. What was the value of the supplies handled through the ware- house at New York? Mr. Fry. The value of the supplies handled through the New York warehouse was $200,655.89. The Chairman. How much in San Francisco? Mr. Fry. $66,103.22. The Chairman. How much in Omaha? Mr. Fry. $220,188.69. The Chairman. How much in St. Louis ? Mr. Fry. $290,970.73. The Chairman. San Francisco, then, was the smallest? Mr. Fry. Yes, sir. The Chairman. What is the expense of running the San Francisco warehouse ? Mr. Fry. I have not the total here, although I have all the figures. Mr. Meritt. The following statement showing all this information is submitted for the record. Report of loork and expense for the five Indian warehouses for the fiscal year ended June 30, 1913. Freight shipments. Express shipments. Number. Weight. Value. Number. Weight. Value. 113,041 6,696 55,320 48,751 21,929 Pounds. 32,890,082 514,808 6,171,223 16,783,631 1, 816, 129 S610, 732. 60 200,655.89 220,188.69 290,970.73 66, 103. 22 3 Pounds. 4R3 $165.90 5 51 186.86 6 179 162. 76 San Francisco warehouse Total 245,687 58,175,873 1,388,651.13 14 713 615. 50 Packages mailed. Requisitions issued. Number. Weight. Value. Contract. Open market. Total. Chicago warehouse 1,988 1,028 90 297 Pounds. 3,771 2, 666 210 446 $3,394.25 2,786.33 163.33 392.82 92 316 238 668 31 2,418 83 566 610 180 2,510 New York warehouse 399 804 St. Louis warehouse 1,178 211 Total 3,403 7,093 6, 726. 73 1,245 3,857 5,102 24455—14- -14 210 INDIAN APPEOPEIATION BILL. Report of work and expense for the five Indian warehouses for the fiscal yeai- ended June 30, 1913 — Continued. Maintenance. Rent. Light. Fuel. Amount paid regulai- employees. Amount paid irregu- lar employ- ees. S4,500.00 2,500.00 1, 600. 00 1,500.00 1, 000. 00 $24.48 202.65 21.36 114.37 $136.15 $11,205.90 7,176.50 5,098.50 5,922.67 5,800.00 $6,576.00 656 OO New York warehouse 199. 60 80 00 Total 11,100.00 362. 86 136.15 35,203.57 8,431.50 Maintenance. Miscella- neous. Average number regular employees. Average number irregular employees. Total cost of mainte- nance. $4,224.40 955. 80 701.71 946.07 412. 97 10.2 6.8 4.0 5.3 4.0 9.2 1.6 1.5 1.8 .25 $26,666.93 New York warehouse 11 490 95 7,621.07 St. Louis warehouse 9,403.11 7,292.97 Total 7,240.95 6.0 2.87 62 475 03 Total number of shipments 249, 104 Total weight of shipments pounds. . 58, 183, 679 Total value of shipments SI, 395, 893. 36 Total cost of matatenance i $62, 475. 03 Mr. Caetek. I notice you have here, Mr. Fry, a statement at the bottom of the first page of the justification, as follows: "Fifty-nine thousand three hundred and forty-nine dollars and thirty-one cents of the total amount was expended on account of the five warehouses." What do you mean by that ? Mr. Fey. The cost of maintaining them. That is the matter about which the chairman was just inquiring. Mr. Caetee. Salaries? Mr. Fey. Salaries and the cost of maintenance. Mr. Caetee. And traveling expenses ? Mr. Fey. Yes, sir ; of inspectors ; they are the only ones who travel. Mr. Caetee. Telegraph and telephone service? Mr. Fey. Yes, sir. Mr. Caetee. Heat, light, and power ? Mr. Fey. Yes, sir. Mr. Caetee. Printing and advertising? Mr. Fey. Yes, sir. Mr. Caetee. Stationery, fuel, equipment, rent of warehouses, and miscellaneous ? Mr. Fey. Yes, sir. Mr. Caetee. Here is a thing that Mr. Burke has asked about several times, and perhaps you can give some information about it. 1 Includes cost of inspection of supplies, which amount is not included in the analysis of the fund which appears elsewhere in the justification of this item. INDIAN APPROPRIATION BILL, 211 You have in one place heat, light, and power, $329.79, and in an- other place fuel, $318.39. Mr. Fry. Yes, sir; the " fuel " item covers the coal cost incident to the heating the warehouses, while the " heat, light, and power " item covers the cost of light, electric power, and heat where the latter is obtained in som^ other way than through the purchase of the fuel itself. Mr. Carter. Now, then, I notice you have salaries, wages, etc., $46,988.96. How much of that is used at the Chicago warehouse? Mr. Fry. For salaries ? Mr. Carter. Yes. Mr. Fry. At the Chicago warehouse for regular employees, $11,205; and irregular employees — that is, people taken on tem- porarily— $6,576. Mr. Carter. How many employees have you at the Chicago ware- house ? Mr. Fry. The average as given here is 10.2, that is the average per month, practically 10 employees in the Chicago warehouse regularly employed; and during the year there were 9 irregular employees. Mr. Carter. How long did the 9 irregular employees work ? Mr. Fry. During the busy season. You know we do most of our shipping, commencing about the 1st of July and running for the next four months, and they have to put on extra clerks and extra laborers to get the work through in time without having everything congested there. Mr. Carter. What is your next largest warehouse ? Mr. Fry. In point of value of goods ? Mr. Carter. Y es ; or in point of business done. Mr. Fry. St. Louis, $290,970. Mr. Carter. How much did you pay for your_ employees there ? Mr. Fry. For regular employees at the St. Louis warehouse, $5,922, and irregular employees, $920. They have 5 regular and 2 irregular employees. I am throwing the fraction to the larger part. They have 5.3 regular employees and 1.8 irregular employees. Mr. Carter. What is the next largest warehouse ? Mr. Fry. The next would be Omaha, $220,188. Omaha spends $5,098 for regular employees and $200 for irregular employees. They have 4 regular employees and 1.5, practically 2, irregular employees during the busy season. Mr. Carter. What is the next one? Mr. Fry. The next one is New York. New York has $7,176 for regular employees and $656 for irregular employees ; they have seven regular employees and two temporary employees. Mr. Carter. How much business did you say New York did? Mr. Fry. $200,655. Mr. Carter. Less than Omaha and St. Louis ? Mr. Fry. Well, Omaha did $220,188 worth of business and St. Louis $290,970 worth of business. Mr. Carter. Now, give me a statement in reference to the ban Francisco warehouse. „ , , j Mr Fry. San Francisco spends $5,800 for regular employees and $80 for irregular employees; they have four regular employees and a 212 INDIAN APPKOPBIATION BILL. fraction of an irregular employee; they have, you might say, one irregular emploj'ee for a short period. Mr. Carter. Which two could we best dispense with if we were going to dispense with any ? Mr. Fey. Well, San Francisco is one of them, to be sure. Mr. Carter. And what other place ? Mr. Fry. Well, the other one would lie between New York and Omaha. Mr. Carter. Explain why it takes such a large salary list and so many employees in the New York office, and they do less business than at Omaha. Mr. Fry. Simply because the force is needed there practically during the year. Mr. Carter. I know; but why? Mr. Fry. Why is it needed? Mr. Carter. .Yes. Mr. Fry. I was going to say — I did not finish my statement — that during the busy season we must have a certain number of people with a knowledge of the business in order to handle it expeditiously, and it has been found more practicable and economical to hold on to a certain number of experienced employees than to get them each year ; that is, new and inexperienced people. Mr. Carter. Would not that same thing apply to Omaha? Mr. Fry. Yes ; but they do not handle the same class of business, for one thing. Mr. Carter. What class of business do you handle at Omaha? Mr. Fry. Clothing and made-up stuff. Mr. Carter. At Omaha? Mr. Fry. No. I thought you meant New York. Mr. Carter. No; Omaha. Mr. Fry. At Omaha they handle groceries and machinery, etc., a large part of which never comes into the warehouse, being inspected on the outside and shipped right through. For that reason we do not need such a big force inside the warehouse ; I mean such a big force with experience. Mr. Carter. What do you handle at New York? Mr. Fry. Clothing and made-up stuff ; that is, manufactured goods. Mr. Carter. You have told us the character of goods you handle at Omaha and New York; now, what do you handle at St. Louis? Mr. Fry. At St. Louis we handle largely hardware, medical sup- plies, dry goods, and boots and shoes; they are the four principal products that come through St. Louis. Mr. Carter. You also buy hardware at Omaha, do you not? Mr. Fry. Not a great deal of it ; no, sir. ,i Mr. Carter. How about implements? Mr. Fry. They are agricultural implements; that is what I had in mind. Mr. Carter. What do you buy at Chicago? Mr. Fry. There is very little made-up clothing bought at Chicago; that is, uniforms, curduroy, and duck clothing; but outside of that practically everything is bought there. ^ Mr. Cart'er. Could you not buy those things at Chicago as cheaply as at other places ? INDIAN APPEOPRIATION BILL. 213 Mr. Fry. That we buy at other places ? Mr. Carter. Could you not buy the made-up goods at Chicago — the clothing and thingrs of that kind ? Mr. Fry. No, sir; not clothing. New York is the field for that; it practically controls our market for that. Mr. Carter. What do you buy at San Francisco ? Mr. Fry. At San Francisco, the bulk of the stuff bought is repre- sented by sugar, dried fruits, beans, and a few odds and ends. San Francisco in the last several years has not proven itself to be much of a market for our service for anything outside of the class I just spoke of. Its prices are too high, relatively. Mr. Carter. Could not those things be bou-ght at Omaha, Chicago, and St. Louis? Mr. Fry. Yes, sir; but we would pay higher prices for that por- tion which we now buy at San Francisco. Mr. Carter. Please explain to me your method of purchasing these things. Take, for instance, the purchase of clothing. How do you go about it ? Mr. Fry. To begin with, we divide our purchases into practically two classes, what in the old days we called contract and open-market purchases. Since 1910 everything, except exigency purchases and purchases from Indians, has been a contract purchase; but for the sake of explaining this I would like to differentiate in that way. Our so-called open-market purchases mainly cover the articles which are not estimated for in advance, and which are not contracted for for all the schools and agencies at the same time. We have an esti- mate submitted by each superintendent in the fall and on these most of our larger contracts are based. Those estimates for 1915 have just come in and are now being looked over in the office. The esti* mates should include practically all the staple articles necessary to run the schools and agencies during the next fiscal year. Now, those estimates are revised. We gather together quantities of similar arti- cles and in the spring we work those totals into proposal blanks and send them out broadcast, in accordance with our mailing list, adver- tising for bids on them, and then at the advertised time the bids are opened. Mr. Carter. You advertise for bids on articles to be delivered at certain warehouses? / Mr. Fry. No, sir ; we leave that open to the bidder ; he can deliver wherever he pleases. We specify only the place where the bids are to be opened. Mr. Carter. The thing that I want to get at is this : Why could you not get the same bids for delivery at one certain place instead of delivering them at St. Louis, Chicago, New York, or San Fran- cisco ? Mr. Fry. To a certain extent we would do that, but a local business sentiment has cropped up which apparently prevents business houses, certain of them, in one place from bidding for delivery elsewhere than in their own city, or entering" into our bidding except when we have a letting in their particular city. Mr. Carter. Do you mean by that that as a rule only merchants in the vicinity of the city where the bids are to be opened bid on those things which are advertised to be delivered there? 214 INDIAN APPEOPRIATION BILL. Mr. Fry. No, sir. Understand, Mr. Carter, that we do not adver- tise for any articles to be delivered in a certain place, as a rule, fresh meat being an exception. Mr. Carter. When you advertise for clothing, do you advertise in all five of these cities? Mr. Fry. We advertise in newspapers in various cities, and we specify that the bids will be opened, we will say for example, in Chi- cago, 111., on March 1, for certain quantities of certain articles, and they are all specified in that blank, and we say in our specifications that the place where the bidder proposes to deliver these articles may be in any of the five cities where the warehouses are located or at any other place that he may care to mention ; at the f acory or at the mill, if he desires. We leave the delivery wide open. When we get the bids in we have an abstract made of them, and if it is sample goods, i. e., articles on which a contract is made on the basis of the sam- ples which accompany the proposals, we have our regular inspector of that line go over the samples and consider them in connection with the prices of the articles. Then the commissioner or his representa- tive considers the proposal made with the inspector's recommenda- tion and finally selects the best proposition that we have before us. Mr. Carter. Do you think it would cost you anything in dollars and cents if the New York warehouse was not in existence, or if the San Francisco warehouse was not in existence ? Mr. Fry. No, sir ; I really do not think it would. Mr. Carter. Do you not think you would get the same bids in Chi- cago or St. Louis for clothing that you now get in New York and San Francisco? Mr. Fry. I think, so far as clothing is concerned, we would; those j)eople would go after that clothing business; but, as to hardware and such stuff as that, if we concentrated all at one point, I do not fchink that all the bidders we have now would come in; but whether there would be enough to hurt our business is a question that only putting the plan into effect would prove. I know that in several of the cities where we failed to have openings the bidders have dropped ©ff, noticeably in San Francisco. We used to have an opening of Mds in San Francisco each year, and when we did we had quite a few bidders; but about three years ago, I think it was, the office, with the approval of the department, cut that out ; we stopped open- ing bids in San Francisco, and immediately the bidding fell off there, and the same thing applies in a way to other cities. Mr. Carter. But you still have goods delivered there ? Mr. Fry. Yes ; and still have a warehouse there. Mr. Carter. Why did you stop the letting of bids in Snn Fran- cisco? Mr. Fry. Because it was an uneconomical proposition from the standpoint of the Government. We opened on a line of supplies in the East, where we got most of the bids, and then we went to San Fran- cisco and opened there on practically a similar line of goods, most of which, it is believed, had to be manufactured in the East and shipped there. To illustrate the point, there is one case that stands out prominently, and that is the case of the wagons. Some 10 years ago we were buying California wagons, which are nothing more or less than wae-ons with a ffear brake instead of a box brake, and with some INDIAN APPKOPKIATION BILL. 215 other little differences, which made a difference in the price, our pro- posals calling for the delivery of those wagons— and this is one case where we called for delivery of the articles in a certain place— in San Francisco only. The result was that we were buying Studebaker wagons, shipped by the Studebakers in carloads to San Francisco, then sold to us, and then shipped by us to the various reservations throughout the country. We worked that plan out and decided to open the bids at various points: San Francisco, Chicago, Omaha, Kansas City, St. Paul, and other points. As a result, considerable money was saved in the price of the wagons and in freight by ship- ping direct from the East. Mr. Caetee. Let me get myself straight. When you advertise for bids you advertise for the delivery, I believe you said, at any one of the warehouses or at the factory? Mr. Fry. Yes, sir ; bidders may choose their own point. Mr. Caetee. Do you open bids for everything at each warehouse, or have you a certain class of goods for which you open bids at a certain warehouse? Mr. Fey. We try to segregate the classes; that is, all of our articles are segregated in classes. Class 1, for instance, is groceries and pro- visions, class 2 is dry goods, and so on. Mr. Carter. Where do you open class 1 ? Mr. Fey. Under the present plan of openings bids, one year we open part of the classes in Chicago and part in Omaha, the next year in Chicago and St. Louis. Mr. Caetee. You mean class 1? Mr. Fey. No, sir; we have 19 classes. We open, say, 1, 3, 5, 7, 9, and so on, in Chicago, and the other classes at Omaha. You see, no class is split between two cities in the same year. Then the next year the classes are split between Chicago and St. Louis and those classes are segregated, as nearly as we can do it, in accordance with the market. We try to send the classes to the city where they have the best market for that particular line of goods. For instance, when we open in Chicago and Omaha we open groceries in Omaha, because it is a grocery center, and when we have St. Louis and Chicago we open groceries in Chicago and send to St. Louis hardware, boots and shoes, and medical supplies, etc., because we can get a good class of bids in St. Louis on those classes; at least we did until this spring a year ago, when St. Louis went out on us on boots and shoes i we got only two or three bids there, as I remember. Mr. Caeter. Then you do not necessarily open bids for articles at a certain place which are to be stored or distributed from that point, but you open bids for all classes of goods at all warehouses in rota- tion except San Francisco ? Mr. Fry. Except San Francisco and New York. Mr. Caete:e. What is the exception about New York ? Mr. Fey. New York and San Francisco are left out of the places where we open bids; we simply rotate them in the center of the country— that is, the center so far as we can handle them economic- ally ourselves — Chicago, Omaha, and St. Louis. Mr. Caetee. Just as briefly as you can, explain the advantage of the warehouses over the ordinary system that might prevail if we did not have the warehouses? 216 INDIAN APPEOPRIATION BILL. Mr. Fey. If we did not have the warehouses all the purchases would be made upon the separate needs of the individual superin- tendent, and that is what we do as to a certain part of these supplies now. You will recall that I referred to purchases under contract and in the open market. I have been talking about the contract end. The other class is that which we purchase in the open market to supply superintendents who find they need later something else of a general nature or something else that is specifically needed for their particular agency and probably would not be needed by more than two or three other agencies. A superintendent will send in a request for something of that kind and then we go out and advertise for bids, or he should advertise and then send the bids in with his request ; we then authorize the purchase, and he or one of the warehouses makes the purchase. Now, under the system of buying singly, we would probably pay a higher price for the article. For instance, if it were a plow we would go out and pay a price for a single plow, whereas on the annual estimate and contract basis we could advertise for plows of that kind collectively and buy them in a lot, and in that way get them cheaper. It is the concentrated purchasing as against the mak- ing of individual purchases. Mr. Carter. Do you get any benefit from inspection at the ware- houses? Mr. Fry. Yes, sir; the inspection end is practically the key to all our purchasing plan. Mr. Carter. In what way do you get a benefit by inspection ? Mr. Fey. By being sure we get the goods we buy. For instance., in the contract stuif practically all of it is bought on samples or strict specifications. Mr. Caetee. That could be done in buying small lots, could it not? Mr. Fey. You would have to have your inspectors on duty all the year round. Mr. Caetee. The fact is, then, that you get your advantage from inspection by reason of the employment of trained inspectors ? Mr. Fey. Yes, sir. Now, take our plow case again. All the plows under contract will be ready for inspection and the inspector will be called in and he is paid at the rate of $10 a day while so engaged, and his expenses if he must go to the factory or elsewhere to inspect. Mr. Caetee. How many inspectors do you have? Mr. Fey. We have about 12 or 15 altogether. Mr. Carter. You have one for almost every class? Mr. Fey. There are two in New York, one on clothing and one on boots and shoos. At the St. Louis warehouse our St. Louis super- intendent is a good inspector on a large part of the stuff that he handles. Then we have a medical man and dry-goods man; fcey are the same men we have at Chicago. At Chicago, Omaha, and St. Louis the same inspectors practically do the work at the three warehouses. We have, I should say, probably eight or nine there, and there are three or four at San Francisco. Those inspectors, un- less they are employed by the Government in some other capacity the year round, are only called in when the goods are ready for inspec- tion. Mr. Caetee. They are only temporary employees? TVTt- Vn-v Voa air> INDIAN APPEOPBIATION BILL. 217 Mr. Meeitt. Mr. Fry, if there should be added to this item a pro- viso reading about as follows : '■''Provided, That the Commissioner of Indian Affairs is hereby authorized and directed to maintain only two permanent warehouses after July 1, 1914." hoAV much money do you think could be saved the Government, and would it result in any loss to the service in efficiency ? Mr. Fey. If you abolish the permanent warehouses, we will say, in New York, Omaha, and San Francisco, it would mean that we ought to have, for the sake of efficiency, temporary warehouses there during the busy season. That is the way we used to handle it in San Francisco. During three months of the year we had a temporary warehouse, sending some one there to operate it during those months and then closed it up. One feature that would bother us would be the efficiency of the people to do the work, and that means quite a little to us in the proper handling of the supplies in a short time, and another the ability to get a satisfactory warehouse on short notice — • that is, for tempcrary purposes for three months. We might find some difficulty in that direction. Mr. Caetee. Is there anything to prevent you, under the present law, from dispensing with such warehouses as you think ought to be dispensed with? Mr. Meeitt. There is nothing in existing law that would prevent the commissioner from abolishing warehouses at any of these places. Mr. Caetee. I notice, Mr. Fry, that you have an item of $11,740 for rent of warehouses. Are all these warehouses rented ? Mr. Fet. Yes, sir. Mr. Caetee. Give me the rent paid for the various warehouses. Mr. Fry. $4,500 for Chicago; $2,500 for New York; $1,600 for Omaha; $1,500 for St. Louis, and this statement says $1,000 at San Francisco. The total of these amounts is $11,100, but the annual rental of the San Francisco warehouse is $600 at present. ■Mr. Burke. Mr. Fry, can you give us an estimate of how much of the merchandise that is purchased at the different warehouses — you have given us the figures in value — never sees the warehouses at all. Mr. Fet. How much of it ? Mr. BtJEKE. Yes, sir. Mr. Fey. I can not give you the figures, Mr. Burke, but I can ex- plain it in this way. The value of all the goods that are purchased through the warehouses is approximately $1,388,000. I should say offhand in valuation four-fifths of that amount would be. Mr. BuEKE. That is, would go into the warehouses? Mr. Fet. Would ; the bulk does go ; it is only the heavy machinery coal, etc., that does not. Mr. Btjeke. What is your method of inspection as to anything that \& purchased, whether it goes in or does not go into the warehouses, how do you do it? . Mr. Fey. Where the purchase is made, based on a sample, the in- spector talies his sample and understands thoroughly what it is. He has it with hi;n when he makes the inspection. He goes into the consignment and at random he picks out a certain percentage for detailed inspection. Mr. Bukke. Where does he do that? 218 INDIAN APPBOPBIAIION BILL. Mr. Fey. If the goods are in the warehouse he makes the inspec- tion there. Mr. BuEKE. Is there any considerable inspection made at the factory ? Mr. Fey. For agricultural implements, wagons, and heavy ma- chinery, such as we would buy, the inspection would be made at the factory. He knows thoroughly what the wagon is and he goes down and makes two inspections, one in the white — that is, before the wood is covered with paint — and the second inspection is made after it is painted. Mr. BuEKE. That 'is, at the time it is shipped ? Mr. Fey. Yes, sir ; he inspects it and ships it right from there. Mr. BuEKE. Suppose an agent, we will say in South Dakota, makes a requisition for a Studebaker wagon and he is authorized to pur- chase such a wagon, where does he get it, and how ? Mr. Fey. For such a wagon as we have on contract we order the warehouse to purchase it and have it delivered to him. The ware- house will place the order, and when ready for delivery a single wagon would be brought to the warehouse and inspected. Or if the number of Avagons or other articles that we buy justify our sending the inspector to the factory we do that. Mr. BuEKE. Do you hsLve any way by which you authorize an em- ployee of the Indian service to purchase anything locally, provided the price is less than the warehouse price ? Mr. I'ey. Yes, sir. Our express instruction to every superintend- ent is that wherever he has a local market every individual request that he sends in must be accompanied by local bids and bids from at least two of the warehouses. On hay and wood they buy that locally and are not required to get warehouse bids. Mr. BuEKE. I have in mind what prompts this question as having ' been at one of the agencies in South Dakota some year or two ago, and either the . superintendent or some man employed at the agency was authorized to purchase a certain buggy and harness. As I re- call, he was furnishing his team and the office furnished the wagon and harness, and he quoted the local price of the identical wagon that he was permitted to purchase; but he was required to wait for his wagon and harness to come from the warehouse, which took a period of some months, three months or more; I think it was fully three months. That is my recollection — that the cost of the articles laid down was considerably in excess of what he could have gone to a local dealer and bought the same articles for. Now, is that practiced to any extent, or do you have a system by which you can avoid those things ? Mr. Fey. That was purely an oversight somewhere along the line. Did he notify the office when he sent in the request? Mr. BuEKE. That is my understanding. Mr. Fey. I have heard some criticism along that line. Frequently you will find, though, that the superintendent has failed to notify the office that he can buy locally at such a price. Mr. BuEicE. There are certain goods, and particularly that is true of machinery. Where a standard article, like the McCormiok mower or reaper or the Studebaker wagon or a certain buggy, is to be pur- chased, of course the article would be identically the same as the one INDIAN APPEOPEIAXION BILL. 219 This item is one that we have had much discussion over on former occasions. It is true there has been a deficit ahnost eveiy year, and, of course, this committee ought not to appropriate less than is re- quired for the purpose for which the appropriation is made, and we want to get at, if we can, what is the proper amount, so there will be no deficit in the future. I understand that in the last appropri- ation bill — that is, for the current fiscal year — a proviso was inserted that is now the law, " That all wagon transportation from the point where delivery is made by the last common carrier to the agency, school, or elsewhere, and between points on the reservation or else- where, shall hereafter be paid from the funds appropriated or other- wise available for the support of the school, agency, or other project for which the supplies to be transported are purchased." It was estimated that that would save $60,000, I think you have stated. Mr. Fry. Yes, sir. Mr. Btjeke. That was the purpose of incorporating that language, to make more money available for transportation, etc., than you had had previouslv. Now vou find that, notwithstanding you -aved $60,000 there, there is likely to be a further deficit of $25,000? Mr. Fkt. Something like that; yes, sir. Mr. BuEKE. A few years ago the Indian approjDriation bill carried an item, or the language in this provision included rent of warehouses at these five several cities which you haA'e named, and we went into that matter very fully and carefully and found that by the discon- tinuance of those warehouses, or most of them, a considerable saving could be made, about what you have indicated to-day, and we suc- ceeded in modifying and changing the form of the provision so as to eliminate entirely the words " rent of warehouses " and the names of the five cities where these warehouses were maintained, and reduced the appropriation on the theory that they would be discontinued, having th assurance of the office that if this language was left out the warehouses would be discontinued. Now I understand that not- withstanding that the office has maintained the warehouses. What have you to say about that? Mr. Mebitt. Those five warehouses have been continued Mr. Burke, and unless this committee puts in a proviso clause directing that only two warehouses be maintained I am not sure but that it will be neces- sary to continue them for the next fiscal year. Mr. BtiRKE. Then, am I to understand that the influences that these cities are able to bring upon the department are so strong that the office has been unable to discontinue these warehouses? Mr. Meeitt. It is my personal opinion that some of these ware- houses should have been discontinued prior to this time. Mr. Btjeke. Would you say that it would be entirely safe if we should put a provision in this bill in substance providing that not to exceed two warehouses shall be maintained? _ Mr. Meeitt. Shall be permanently maintained. Mr. Bueke. Do you think that Avould be sufficient so that the service would not suffer ? Mr. Meeitt. I think that the service would not suffer with that provision in. On the contrary, I think the administration would be better and at a less cost. 220 INDIAN APPBOPEIATION BILL. Mr. BuEKE. If we put in that provision, how much money, in your opinion, will be saved by reason of it ? Mr. Mekitt. I think if that provision were incorporated in this bill the appropriation could be reduced at least $15,000 for the ne^t fiscal year. : Mr. BuEKE. Would not the reduction be more than that? Your rent is over $11,000, and would not the number of employees be very materially reduced, there having been $46,000 paid in salaries, and I assume that there are certain employees now at the warehouses who would be unnecessary if we did not have the warehouses ? Mr. Meritt. I wanted to be conservative in suggesting the reduc- tion for the first year. After the first year I think it can be further reduced to say $300,000 for this item. Mr. Burke. Do you think, if we put that provision in, that it would not be necessary to increase this appropriation above what it is for the current fiscal year, which is $300,000? Mr. Meritt. I am inclined to believe that if the proviso clause which has been suggested were incorporated in the bill that it will not be necessary to increase the appropriation, and that we can save $25,000 a year. Mr. Frt. If we abolish all but two of the warehouses there will be an increased amount of work thrown on those two warehouses. Mr. Burke. There is no part of the amount appropriated in this item that is used to pay the expenses of anybody that is employed in the Indian Office? Mr. Meritt. No, sir. Mr. Burke. I notice at these warehouses what you call irregular employees. Are not some of your inspectors irregular ? Mr. Fry. They are all irregular, except a few regular employees who at times act as inspectors ; but I find the amounts expended for inspection are covered in the miscellaneous expenses and not in the cost of irregular employment. Mr. Burke. You hire men Avho are experts when you have a let- ting? Mr. Fry. Yes, sir. As a rule they are experts hired from the out- side for the time being. Mr. Burke. For such number of days, whenever it may be neces- sary to employ them, at $10 a day ? Mr. Fry. Yes, sir. We do not specify any period of time except to limit the appointment to the fiscal year. Mr. Burke. How do you obtain those men and what guarantee have you as to their reliability, etc. ? Mr. Fry. We first find men who are qualified from experience and Imowledge to do the workj and then we ascertain from reputable people on the side what their standing is. Mr. BuRitE. Do you find at those different points that you get fre- quently the same inspectors ? Mr. Fey. After we get a man who we know is all right we try to keep him as long as we can. Mr. BuEKE. Have you had any trouble with inspectors being dis- honest or corrupt? Mr. Fry. Not since I have handled this work. There has been only one case where there was any question, and that we could not de- INDIAN APPBOPEIATION BILL. 221 The Chairman. How often do you open the bids? Mr. Fey. Every spring and fall. The Chairman. About what time ? Mr. Fey. It varies. Last spring it was February and March, and Ais coming spring it will probably be March and April. About that time for all except the dried fruits and cereals, and they are opened in the| fall when the new crops are on the market. Th^^ Chairman. Some in the fall and some in the spring ? Mr. Fry. Yes, sir ; the bulk in the spring. The Chairman. They were opened in Chicago last fall? Mr. Fry. We opened the bids there for the fall supplies, but they came to Washington for determination as to the awards. The Chairman. Do the Board of Indian Commissioners attend these meetings? Mr. Fry. Yes, sir; a representative has been there every spring that I have, except one year, and that was the spring of 1911. The Chairman. Was there a representative at Chicago last fall ? Mr. Fry. Not at the fall letting; no, sir. The fall letting is not of such an amount in dollars and cents as to make it worth while for the commissioner or representative of the board to be there. The papers are all in the office, where they can look at them; and, also, the samples are at the warehouse, where they may be examined sub- sequently ; but at the spring lettings — ^the big lettings — there usually has been a representative. The Chairman. What function do they perform and what benefit are they to the service ? Mr. Fry. The Board of Indian Commissioners? The Chairman. Yes, sir. Mr. Fry. Well, during the earlier years when I was present their representative did not perform any service of importance, as far as I could see. That was my personal opinion. The commissioner might have thought differently. Mr. Vaux, however, went into the matter very thoroughly and deeply. He was there two years. The Chairman. Is he one of the present commissioners ? Mr. Fey. Yes, sir; the chairman of the Board of Indian Commis- sioners, Mr. George Vaux, jr., of Philadelphia. The Chairman. Does he perform any service that the Government could not perform through you ? Mr. Fry. No, sir; except in his sort of supervisory capacity. He worked along with the acting commissioner and myself. The acting commissioner detailed me to handle some part of the work in order to expedite it. At times Mr. Vaux would work with the acting com- missioner and at other times with me. The Chairman. He is simply an adviser ? Mr. Fey. More in an advisory or supervisory capacity. The Chairman. 'What is the next item ? Mr. Meritt. The next item reads : For telegraph and telepbone toll messages on business pertaining to the In- dian Service sent and received by the Bureau of Indian Affairs at Washington, $10,000. 222 INDIAN APPEOPKIATION BILL. We offer for the record the following justification: Telegraphing and telephoning, Indian Service. Fiscal year ending June 30, 1914: Amount appropriated $9, 000. 00 Fiscal year ended June 30, 1913 : Amount appropriated 9, 000. 00 Amount expended 9, 341. 83 OvenlMw-n 341.83 ANALYSIS OF EIPENDITUBES. Telegraph and telephone service 9,841.83 This fund is used in order to pay for the telegrams sent and received by the Indian Office. The reservations and schools in this service being entirely in the western part of the country, the telegraph must be used in cases vrhich are urgent or important. In many instances it is necessary to relay the message by means of the telephone, for vchich charges are made. During the last fiscal year we exceeded our appropriation by $341.83, and in order to avoid a de- ficiency in the future and to provide ample funds for these necessities, $1,000 additional has been asked for. The Chairman. I see you have increased the amount from $9,000 to $10,000. Mr. Meeitt. Yes, sir ; the correspondence of the office is increasing from year to year. Indians are Avriting the office more letters than ever before, and the business of the office is increasing. Necessarily more telegrams are sent and received now than heretofore. The Chairman. What is the state of the fund? Have you been expending that amount of money all the while? Mr. Meeiit. Yes, sir ; we overdrew the amount $341 last year. Mr. Burke. This is used entirely for the payment of messages sent and received by the Indian Office here? Mr. Meeitt. Yes, sir. Mr. Burke. No part is used in equipping or constructing telegraph or telephone lines? Mr. Meeitt. No, sir. Mr. BuEKE. And if a superintendent wires the office does he pay for the message out of his expenses or does he send the message collect ? Mr. Meeitt. We pay the expense at this end. It a superintendent sends a message from his agency to another agency he would pay the cost out of his support fund. Mr. BuEKE. Of course, all messages are transmitted at Government rates ? Mr. Meeitt. Yes, sir. Mr. Carter. I notice you also say that it is necessary to relay messages by telephone? Mr. Meritt. Yes, sir. Mr. Carter. And that increases the expense ? Mr. Meritt. Yes, sir. Mr. Carter. And that has been going on for several years? Mr. Meritt. Yes, sir. Some of our agencies are removed from the railroad station, and it becomes necessary to telephone the messages from the station. The riTTATBMA-Nr. What is the next item? IKDIAN APPHOPJRIATION BILL. 223 For witness fees and otber legal expenses incurred in suits instituted in behalf of or against Indians, involving the question of title to lands allotted to tliem or the right of possession of personal property held by them, and in hearings set by United States local land officers to determine the rights of Indians to public lands, $2,000: Provided, That no part of this appropriation shall be used in the payment of attorney fees. The following justification is offered for the record : Court costs, etc., in suits involving lands allotted to Indians. Fiscal year ending June 30, 1914, amount appropriated $2, 000. OO Fiscal year ended June 30, 1913: Amount appropriated 2, 000. 00 Amount expended 120. 04 Unexpended balance 1. 879. 96 ANALYSIS OP EXPENDITURES. Traveling expenses, miscellaneous court costs, etc 1120. 04 Frequently the claim of an Indian to an allotment or homestead on the public domain is contested by white people claiming prior settlement, or for other reasons. This necessitates a hearing before the local land office to determine the rights of the respective contestants. Witness fees must be paid, traveling expenses incurred, etc., in determining the facts in these cases, in order to properly protect the interests of the Indiana. Frequently it becomes necessary to request the Department of Justice to repre- sent the Indians in suits based on these contests, for which work the Department of Justice has no specific fund available. The ChairTvian. Have you any further explanation to make ? Mr. Meeitt. We had an unexpended balance of this appropria- tion last year. The Chairman. What was the amount ? Mr. Meeitt. $1,879.96, but I think that this appropriation might weU be contiaued at the same amount for next year, because we have a number of fourth-section allotment contests, and we may probably need this entire appropriation. The Chaieman. What is the next item '? Mr. Meeitt. The next item reads — For expenses of the Board of Indian Commissioners, $5,000, including not to exceed $300 for office rent. The Chaieman. Why is an increase asked ? Mr. Meeitt. The Board of Indian Commissioners requested an appropriation of $10,000, but the department submitted an estimate of $5,000. The Chairman. Have you any justification for this ? Mr. Meritt. I only wish, Mr. Chairman, in connection with this item to call attention to the law, and will read the following: Expenses of Indian commissioners. Fiscal year ending June 30, 1914, amount appropriated $4, 000. OO Fiscal year ended June 30, 1913: Amount appropriated 4' """• "^ Amount expended 6,060.ii Unexpended balance 464. 85 224 INDIAN APPEOPRIATION BILL. ANALYSIS OF EXPENDITURES. Salaries, wages, etc $2, 313. 00 Traveling expenses 632. 58 Telegraph and telephone service 43. 60 Stationery 28. 54 Equipment 212. 82 Kent of office 300. 00 Miscellaneous 4. 63 3, 535, 17 The estimates contain an item for an appropriation of $5,000 for the Board of Indian Commissioners. Congress has heretofore for a number of years appropriated $4,000 for this board. The act of May 17, 1882, modified sections 2039 to 2042 of the Revised Statutes and subsequent acts of Congress relating to this board, and provided as follows (22 Stat. L., 70): "For the expenses of the commission of citizens, serving without compensation, appointed by the President under the provision of the fourth section of the act of April 10, 1869, $4,700, to be distributed as -follows, namely: For secretary, $2,000; for messenger, $600; for rent of office, $400; for traveling expenses of the commission, $1,500; and for contingent expenses of office, $200. And hereafter the commission shall only have power to visit and inspect agencies and other branches of the Indian service, and to inspect goods purchased for said service, and the Commissioner of Indian Affairs shall consult with the commission in the prrchase of supplies. The commission shall report their doings to the Secretary of the Interior." This board had at one time under the Grant administration very large authority, but its authority has been very materially limited by the act just quoted, and the only duties required by the law are to confer with the Commissioner of Indian Affairs in coimection with the purchase of supplies and to visit and inspect agencies, and other branches of the Indian Service. The Chairman. What have you to suggest as to the number of times they have visited agencies, or what they have done to carry out the provisions of this act, as far as you know ? Mr. Meritt. The board, up to very recently, has not been very active. Prof. Morehead, one of the members of the board, did some good work in connection with an investigation of the White Earth Reservation, and he and Mr. Vaux have also made some investigations in Oklahoma. The Chairman. Does this act authorize them to make these investigations ? Mr. Meritt. The act provides that hereafter the commission shall only have the power to visit and inspect agencies and other branches of the Indian Service, and to inspect gaods purchased for such service. The Chairman. Has the Government been paying out of the $4,000 appropriated, their expenses in going to and from these agen- cies, hotel bills, etc. ? Mr. Meritt. Yes, sir. The Chairman. What other duties have they performed or do they have to perform for the purpose of letting contracts for goods 1 Mr. Meritt. Mr. Fry could answer that question better than I can, because he has been more intimately connected with that work. Mr. Fry. Well, as stated before, when I attended the lettings of 1902 to 1904, or thereabouts, I was given the impression that not very much real benefit resulted from the presence of the representa- tive of the board. So far as I could see he devoted some little time to the work allotted him and carried it through, but my understanding is that he did not follow up the wofk at the lettings as closely as has INDIAN APPEOPEIATION BILL. 225 been done lately. That, at least, was the idea I obtained. Since Mr. Vaux has been attending these lettings he has gone into the matter very thoroughly. He has been one of those assisting in making the awards. In fact, he has determined some of the awards himself, subject to the approval afterwards of the former acting com- missioner. The Chairman. Is he an expert along the hues that he is acting ? Mr. Fry. Oh, no; but he had the expert advice of the inspectors who were on the job. He was acting more as an administrative officer than as an expert in any particular hne. He is a lawyer by profession, and so far as I know has had no particular training in the purchasing of supplies, but is very observant. He has, however, recently sent to the office a communication embodying certain proposed changes in our method of purchasing clothing, overalls, etc., which, to a certain extent, covers ideas talked over by the then acting commissioner and the rest of us at the lettings. The underlying point is the doing away, to a certain extent, with standard samples, the use of which are restrictive so far as obtaining wide competition is concerned, and really, in my opinion, hurts our business. _ For the past two years we have considered this and, having fuUy realized its limitations, for some httle time have been working on a plan to rearrange our specifications. Our plan, I believe, is better than that suggested by Mr. Vaux, and we are working to put it into effect this spring. I have already visited the Bureau of Standards and obtained the promise of their textile expert to cooperate with us, both in the draw- mg of specifications, if needed, and in testing out any samples that we may submit to them. I have also interviewed certain of our manufacturers, who claim that the present specifications as to the cloth are absolutely all right, so that it does not appear that new specifications as to the cloth itself are required. The extent to which the standard sample will govern, however, must be modified, and this is particularly true of overalls, duck cloth, and all made-up garments, except cadet and pohce uniforms. The standard samples should govern only as to the general make-up of the garment, except in the uniforms, where, on account of the necessity for similar goods year after year, the cloth itself should be practically the same; but we will have specifications calling for sam- ples of cloth this year that will not only give us a wider field in award- mg our contracts, but at the same time wiU, I believe, maintain the efficiency of our clothing. It is also true that some time prior to the receipt of Mr. Vaux's letter, and I am sure prior to the visit of the board's secretary (Mr. Abbott) to the New York warehouse, we were advised by our clothing inspector, through the clerk in charge of the New York warehouse, of the necessity for some new standard samples, and are only awaiting the final workmg out of the details before directing him to proceed to have them made. Any discrepancies or deficiencies in our standard samples wiU be rectified by our clothing inspector. That, of course, is the fundamental reason why we are now correcting and why we did correct our standard samples a couple of years ago, it appearing rather difficult to get them perfect. We also have m mind for the spring letting certain improvements in our specifications for shoes, 24455—14 15 226 INDIAN APPEOPRIATION BILL. harness, coal, and other items. We are trying all the time to improv< the methods and details of our purchasing, and steady progress car be reported. Ihe Chaieman. Would it be possible for the office to get along without his assistance or without the assistance of any of these com- missioners? Mr. Fey. The office did get along without their assistance for sev- eral years, so I understand, and I presume could get along without their assistance again. Ihe Chaieman. Do you know of any other department of the Gov- ernment that has a board to supervise its purchases — for instance, the Army or the Navy ? Do you know of any other department tKat has to be supervised in this way ? Mr. Fey. No, sir; I know of none having supervision through out- side commissions or boards such as this. Mr. BuEKE. The commissioners serve without compensation? Mr. Fey. Yes. Mr. BuEKE. And their function, so far as inspecting is concerned, is in the nature of being there for the purpose of making it more cer- tain that there will be no lettings where there might not be good inspection or where there might be corruption ? That is really their function ? Mr. Fey. Yes, sir. Mr. BuEKE. They were not to be an administrative force to aid ia any way, but theoretically it was thought there ought to be somebody to watch these lettings not directly connected with the Indian Service. Mr. Fey. You know this has been a sort of hand-me-down propo- sition; that is, referring to my understanding as to what their duties were. I got my information from those who preceded me in office, and I have always understood that the Board of Indian Commissioners was organized originally because in the earlier days there was graft in the Indian Service in the purchase of supplies. Mr. BuEKE. And the sentimentalists generally, who take an interest in Indian affairs, have sort of looked upon this commission as a desir- able thing, as I understand it. Mr. Fey. Yes, sir. Mr. BuEKE. Now, I wish you would furnish for the record, in con- nection with your justification, the names of the present commis- sioners. Mr. Meeitt. The names and addresses of the members of the Board of Indian Commissioners are as follows : Vaux, George, jr., (chairman), 1606 Morris Building, Philadelphia, Pa. Ayer, Edward E., Railway Exchange Building, Chicago, 111. Dockweiler, Isidore B., Los Angeles, Cal. Eliot, Samuel A., 25 Beacon Street, Boston, Mass. Gates, Dr. Merrill E., 1309 Rhode Island Avenue, Washington, D. G. Ketcham, Rev. William H., director Bureau of Catholic Indian Missions, Wash* ington, D. 0. Knox, Frank, Manchester, N. H. Moorehead, Warren K., Andover, Mass. Smiley, Daniel, Mohonk Lake, N. Y. Walker, William D., 367 Elmwood Avenue, Buffalo, N. Y. indian appbopbiation bill. 227 House of Representatives, Subcommittee of Committee on Indian Affairs', Saturday, January 3, 1914- The committee met at 10.30 o'clock a. m., Hon. John H. Stephens (chairman) presiding. STATEMENTS OF MR. GEOEGE VAUX, JR., CHAIRMAN; MR. F. H. ABBOTT, SECRETARY; AND DR. SAMUEI A. ELIOT, BOARD OF INDIAN COMMISSIONERS. The Chairman. Dr. Ehot, the present Indian appropriation bill carries the following item: "For expenses of the Board of Indian Commissioners, $4,000, including not to exceed $300 for office rent." That was the original item but the item reads this year as follows: "For expenses of the Board of Indian Commissioners $5,000, includ- ing not to exceed $300 for office rent," which is an increase of $1,000 over last vear's appropriation. Can you state to the committee the reasons whj the commission has asked for the additional $1,000? Dr. Eliot. My memory of the former bills is that the appropria- tion has heretofore been $4,000. Each year the board has requested an increase. Last year the Secretary of the Interior recommended $10,000. This year the Secretary has recommended $5,000, and it was so incorporated in the bill. The situation is that here is a board of disinterested citizens serving without remuneration, which has an appropriation of only $4,000 for expenses. That sum is expended practically in office expenses and it provides just enough for two meetings of the board. It does not provide enough money to permit the board to carry out the duties laid upon the board by the statute. The board is authorized to visit agencies and reservations, to inspect schools, and, in particular, do supervise the letting of contracts. It is not to be expected that these gentlemen who serve vsdthout remuneration should go very deep into their own pockets for their traveling expenses. They are ready to do so to a certain extent, but the members of the board are justified in feeling that the board should be provided wiih enough money to pay its traveUng expenses to its own meetings and to the letting of contracts, and as far as possible for visitations on the reservations in the Indian country. The Chairman. Where is your home. Doctor? Dr. Eliot. My particular home is in Boston. The Chairman. How long have you been a member of this board? Dr. Eliot. Four years. The Chairman. f)octor, can you inform the committee how manj Indian reservations you have visited since you have been a member of the board ? Dr. Eliot. I myself? The Chairman. Yes. Dr. Eliot. None, sir. The appropriation does not permit travel- ing. I am on my way at this moment to New Mexico and Arizona. The Chairman. But heretofore you have not made any visitations i Dr. Eliot. The board is unable to make such visits unless they pay their own expenses. The Chairman. Do you know whether they have used the entire $4,000 which was appropriated for the last fiscal year? 228 INDIAN APPKOPEIATION BILL. Dr. Eliot. I think the expenses of the present investigations, in which three members of the board are now engaged, will exhaust the appropriation. There is a balance in the Treasury at this moment, I beUeve. The CHAiEivtAN. What members of the board are now making these investigations and where are they making them ? Dr. Eliot. Mi-. Ayer is investigating the Menominee situation in Wisconsin. I may say that Commissioner Ayer is paying the expenses of that investigation out of his own pocket and is employing timber experts. The expenses of that single investigation will require more money than the entire appropriation allotted to the board. Com- missioner Smiley is at present investigating the situation in southern California, particularly at Banning. Commissioner Ketcham is now in Oklahoma. He is to proceed to Mescalero, the Apache reserva- tion in New Mexico, and next week joins me in El Paso, and we are to visit the Papago, Pima, Navajo, and Pueblo reservations. Those are the investigations at present under way. The Chairman. How recent has it been that they h'^Ae become active in starting out to do this work? You sry Mr. Ayer was the first one, and he has gone out to the Menominee Reservation. Dr. Eliot. They hf ve become active by this possibihty: The board did not have to pry the salary of a secretary for, I think, three months during the summer, when there wfs an interim. The board hr s there- fore been f ble t o 1? y up s small sum of money which enables it to carry on these investigations this year. The Chairman. You say Mr. Ayer was the first one who started out. Wh.r,t time did he start out ? Dr. Eliot. I can not s:y whether Mi'. Ayer has himself visited the Alenominee Eeservrtion. I have not been in communication with him, but he has employed, at his own expense, experts to visit thst reservation. As I understand that situation, it is a timber situation., The^ Chairman. Do you understand that the law authorizes this commission to employ experts to make reports ? Dr. Eliot. I think there is no such law. The Chairman. The act of May 17, 1882, 22 Statutes, page 70, provides — And hereafter the commission shall only have power to visit and inspect agencies and other brarjchp.=! of the Indian Service, and to inspect goods purchased for said Bervice, and the Commissioner of Indian Affairs shall consult with the commission in the purchase of supplies. The commission shall report their doings to the Secretary of the Interior. Is not that the law under which you are acting ? Dr. Eliot. It is, as I understand it. The Chairman. Is there any further statement you wish to make ? Dr. Eliot. I should like to say that while every dollar of increase should be a dollar of advantage to the public service, the board feels that it could wisely and judiciously expend at least $15,000 ia such investigations. It points out that a single Indian inspector uses as much as $5,000 a year in such investigations. It points out that con- gressional committees have often expended as much as $25,000 in some single investigation, to the great benefit of the Treasury. The board feels that its own investigations, being investigations of dis- interested citizens, who have an absolutely impartial point, of view, who do not take the noint nf tHato- nonoaanriliT- nf fTiu tnriian ■finrfifl.U. INDIAN APPEOPKIATION BILL. 229 that such investigations must be for the benefit of the public service and furnish useful information to the committees of Congress anfl to the Indian Bureau and to the Department of the Interior. There are ways in which large sums of money can be saved through such investigations, and we venture to hope that the committee will make it possible for the board to carry on its work with larger efficiency, with increased benefit to the public service, and with deeper satis- faction to the members themselves. The Chairman. Doctor, can you state to us how many reports have been made to the Secretary of the Interior under the last appro- priation you received? Dr. Eliot. The aimual report is printed. The secretary of the board is waiting for the chairman at the Union Station, and has all the reports and documents with him. The Chaikman. Then the annual report is the only report you know of that has been made ? Dr. Eliot. Probably. The Chairman. You say, Mr. Ayer, one of your commissioners, is making a special investigation? Dr. Eliot. Yes. The Chairman. And that Dr. Ketcham is also engaged on another investigation ? Dr. Eliot. Yes. The Chairman. Has either one of those gentlemen made a report? Dr. Eliot. No. The Chairman. Has Mr. Smiley made any report? Dr. Eliot. Mi-. Smiley is now in California, and I am on my way to meet bim next week. The Chairman. There has been no report niade by either one of them ? Dr. Eliot. No, sir. The Chairman. So it is impossible for this cojunuttee of Congress in making up this bill to know anything about what you have dis- covered or what your recommendations will be? Dr. Eliot. That depends on how rapidly the bill is made up. We shall be ready to report at the annual meeting: of the board on the 3d of February. Mr. Carter. Doctor, have you made any close observation ol the present plans that are being carried out for the Indians, generally, bv the Indian Bureau? "Dr. Eliot. No close observation. I have read the reports and am reasonably acquainted \\ith the situation on a number of reserva- tions, and I have been a close student of Indian affairs for a number .of years. ,. Mr. Carter. You are familiar with the policy, or lark ol policy, you may call it, of the Government toward the Indians, are you not? Dr. Eliot. T think so. , , • i-. . q Mr. Carter. What suggestions have j'ou to make about it, Doctor « Dr. Eliot. There are a great many points of interest. The reports of the board and their annual recommendations made to the Depart- ment of the Interior would indicate them. I would not be qualified to speak for the board m that matter, because the reports are in print and I have not the reports before me at this moment. 230 INDIAN APPKOPEIATION BILL. Mr. Carter. Doctor, you must have formulated some plan in your own mind about what our duty to the Indian is, and I should lite very much to hear you along that line. Dr. Eliot. My own personal judgment ? Mr. Carter. Yes. Dr. Eliot. I am speakmg for myself and not for the board. I am exceedingly anxious that the Indians should be prepared as rapidly as possibly for disappearance into white civilization. I shall be glad when the Board of Indian Commissioners can go to the appointing power and say its work is done, because the Indian has disappeared mto white civilization. That process, however, can not be hurried, in my judgment, in justice to the Indians, but it should be promoted as rapidly as circumstances permit. Mr. Carter. To be sure, we are all working to the same end. Dr. Eliot. Yes. Mr. Carter. We are trying to make of the Indian a self-reliant citizen. Dr. Eliot. Yes. Mr. Carter. And if that is not the object then the whole purpose of the Indian Bureau is a complete failure. Now, then, we may nave different views as to how that end shall be accomplished, and I thought perhaps you had some ideas along that hne you could leave witn us. Dr. Eliot. There are various methods that are to be pursued, in which, I think, we are all entirely in sympathy, for the judicious has- tening of the Indian in becoming a self-supporting citizen. The first is through education, and the ample appropriations of Congress for educational purposes are approved and applauded by our board. The second is by protection of health, and the board has seen, with great satisfaction, the way in which the committees of Congress have met that pressing and difficult problem. The third, in the arid region, is by the estabhshment of irrigation systems. I should like to say, in passing, that the secretary of the board has prepared a plan for an irrigating system which he is ready to present to the department which, in his judgment, will effect a very material saving to the Treasuiy. Mr. Carter. Now, Doctor, the thing I am trying to get at, to be jjcrfectly plain about it, is this: As a member of "the board, if you desire, or as an individual, if you desire, we want to know what you consider the faults or the weaknesses of the present method of dealing with Indians hj the Government ? Dr. Eliot. My own judgment is that the legislation has largely been accomplished. That all wise and public-spirited citizens are agreed as to the aims to be achieved, and in large measure upon the methods by which they are to be achieved. The difficulties now are those chiefly of administrative detail, and of course the difficulty of securing competent administrators in the field for low salaries is the one that confronts the Indian Bureau, I suppose, all the time. Mr. Carter. I think you are right about that. I agree heartily with the proposition that we can not hope to get competent men for administrative duties with sufficient executive ability to work out a human civihzation problem for the small salaries of $1,200 or $1,500 per annum. In other words, it can not be worked out by forms or mechanical process. The character of the man supervising the INDIAN" APPROPKIATION BILL. 231 proposition must enter into it, and" he must be a man of strong character who must somewhat dominate the situation. Dr. Eliot. And I venture to think that that is just where this Board of Indian Commissioners can be of value to this committee and to the department. Here, as I say, is a body of disinterested citizens, with perfectly impartial point of view, who do not neces- sarily represent the Aaews of the department or the view of the Com- missioner of Indian Affairs. Their information, the information which they can gather from the field, is at the disposal of this com- mittee. It must largely be more or less confidential as it regards the competency of employees. Mr. Carter. Now, so far as the ability of the administrative officers is concerned, I think the property of the Indian has been fairly well conserved. Of course there have been instances where the Indian has been mistreated in the matter of his property rights and where he has suffered the loss of his property, but that would be a natural result in the administration of any problem so vast and complex as this. But do you not think that the upbuilding of the Indian's character and his preparation for a self-reUant status are considerations that have been somewhat subordinated to the con- sideration of the property interests involved ? Dr. Eliot. Yes, sir; and the Indian in many instances has suf- fered because of his too large property interests. Mr. Carter. I have in my own mind a clear conception of what I think ought to be done with the Indian, if it were possible, but, of course, with so many big minds interested in the matter, and holding, as they do, so many conflicting views on the subject, it is difficult to carry any definite policy into effect. My notion is that if you would bring the so-called incompetent Indian to a condition where he had only a sufficient amount of property to sustain himself and those de- pendent on him by his own efforts, to the point where he had no other Property that he could rent, lease, or otherwise dispose of so as to erive an income from it, then you would have taken a longer step toward the civihzation of the Indian and the worldng out of the Indian problem than has yet been done. It would, of course, be necessary for us to put that property in such a state of improvement as would enable the Indian with his capacity to work out his own . salvation. That has been my idea for years, and I think the trouble we have with the Indians now is not due so much to a lack of property as to too much property. Dr. Eliot. Yes, sir; but blanket legislation arbitrarily fixing the amount of property for the Indians would not fit all of the situations. For instance, 40 acres of the rich bottom lands of Oklahoma Mr. Carter (interposing). That is why I would not say any defi- nite number of acres. Take, for instance, the property status of the Indians belonging to the Five Civihzed Tribes, especially the Choc taws and Chickasaws. They have 320 acres of agricultural land per capita, man, woman, and child, and for a family of five that would make 1,600 acres of land. Now, if you should give a white man 1,600 acres of land that he could rent and make a good hving from, he would not do much work and perhaps might not advance as much as he would if he had less land and was obHged to work. We ought not to expect more of the Indians than we expect of the men who have been under the influence of civihzation for 2,000 years. 232 INDIAN" APPEOPBIATION BILL. Dr. Eliot. Yes, sir; I am in thorough sympathy with you on that proposition. Mr. Caeter. Now, I just wanted to explain the result of my ob- servation a little bit to see whether you gentlemen agreed with it. I can remember the time in the history of my own tribe, the Chickasaws, when the fact that a man had Indian blood would guarantee his credit at the frontier trading posts in Indian Territory. At that time the Indian was known aU over the country by the fact that he would pay his debts. You could trust him absolutely. The stores would willingly extend him credit, and if he were a full-blood Indian his credit was even stronger. But now many of them have come to be most unrehable, while others, with all their land and property, are paupers. They are barely able to exist. The Chairman. What do you attribute that to ? Mr. Carter. I attribute it to the fact that the entire energies of the department have been directed toward conserving the Indian's property to the utter neglect of any effort to build up that part of the Indian's character that goes to make of him a good citizen. Dr. Eliot. Well, let us save the situation among_ the Navajos. That is nearly as good a situation as you have described as having once existed among the Choctaws and Chickasaws. The Navajo is self-supporting and self-reliant, and he is a good trader, but now he is threatened with the same demorahzation tliat you have described. The Chairman. Do you believe that they have had too much supervision ? Dr. Eliot. No, sir; but Mr. Carter is right in saying that emphasis has been placed upon the conservation of the Indian's property rather than upon the building up of the Indian as a man. Mr. Carter. A bureau ofhcial can quickly make a record for him- self in the Government service by the conservation of the Indian's Eroperty, but he can not make an immediate record in the work of uilding up the Indian's character. Making a record in character building is a much slower process. The men appointed to these positions are human beings, and it is but natural that they should endeavor to make the best showing in the shortest possible time. The Chairman. Is it not true that among the Five Civilized Tribes, in those times you have just described, they would try a man under the tribal laws, say, for murder, and if he was found guilty of murder , and sentenced to death, that he would be turned loose to report at the time fixed for his execution ? — Mr. Carter. Absolutely; this was the custom a,mong the Choctaws, and there is no record of any betrayal of trust in such cases. I can remember numerous such instances, during my lifetime. The last that occurred was that of a full-blood Indian who, I thiak, is still hving, and for that reason I withhold his name. This fuU- blood Indian man attended the University of Virginia, but he never lost his tribal superstitions. After returning to his tribe he married a full-blood Indian woman, and a little child graced their home, of whom the father was extremely fond. The cmld became sick. An old Indian woman, to whom suspicion was attached as a witch, came and nursed it. The child grew worse and finally died, whereupon, this father, under the influence of the superstition that his child had been bewitched, killed the old woman and was arrested, tried under the tribal law. anH convir-.ted INDIAN APPEOPEIATION BILL. 233 The Chairman (interposing). At Paris, Tex., was it not? Mr. Carter. No, sir; it was across the river from Paris. The man was sentenced to be shot and his day of execution set. Judge Bry- ant, who then presided over the Federal Court of the eastern judicial district of Texas, resided at Paris. I understand he had been a schoolmate of the condemned man. The Federal Court issued a subpoena for this man, directing him to appear at Paris as a witness on the morning before the day set for his execution. Upon being served with the subpoena he wrote Judge Bryant a letter, stating that the subpoena had been received directing him to appear at Pans, we will say, on the 10th of the month, which was Thursday, "but," con- tinued the letter, "on the 11th at sunrise I am to be shot and the place of execution is in the mountains of the Choctaw Nation. It win be impossible for me to be in Paris on the morning of the 10th and at the place of execution on the morning of the 11th. Consider- ing the order for my execution the stronger and more mandatory call, I shall have to ask you to excuse me from appearance at court. Judge Bryant had a warrant issued, brought him to Paris and kept him in jail until after the jurisdiction of such matters by the tribal government had expired, and his execution was thereby averted. The Chairman. Thst shows fhe chrracter of the Indian. Mr. Vaux. 'Mr. Chairman, I am sorry that I could not be here at 10.30 o'clock this morning. My train was due at 10.35, but the fost train I could get out of Philtdelphi" was 1.5 minutes late in getting into Washington. I suspect th* t there is very little left for me to say, because Dr. Eliot is thoroughly fonnUar with all of these ni«l iers, probably more so than I am myself, and not having he; rd wh^t he has said. I em f fr."id that I shall run the risk of repeating, possibly to the extent of tiring you, what he has said witli reg. rd to the ohjec t of the hearing. The Chairman. The preliminary question asked was this: The Indian appropriation bill for several years pasti has carried ;in amount, usually of about .14,000, for the purpose of paying the expenses of your commission. That has been the appropriation in recent years, but the estimate has been increased this year to $5,000, and we desire to know why it was necessary to add that SI, 000. Mr. Vaux. If I may be permitted, Mr. Chairman, I would Uke to request that the committee in framing the biU, depart from the report submitted by the department, and increase that item not to $5,000, but to $15,000. The board, as you are all aware, dates back to 1869, when it was created by a few lines in the Indian bill, within a few weeks after President Grant came into office; the object being to form an outside commission that might stand in a sense between the Government and the American people and the Indian, with the idea of strengthening Indian administration along proper lines in all directions. The powers that were originally conferred were broad, and reaUy were in conflict with those that are allotted to the Indian Bureau at the present time. Subsequently the powers were somewha t reduced, because with the improvement of administrative methods in the Indian Bureau there has been not the same broad work for the Board of Indian Commissioners to perform. At the present time the duties ot the board are largely advisory, and, as we report directly to the Secretary of the Interior, they are largely advisory to the 234 INDIAN APPROPEIATION BILL. Secretary, and also to the Commissioner of Indian Affairs. The board has powers of visitation and examination on the various reser- vations and in the branches of Government that have to do with the administration of Indian affairs; and it is also the duty of the Com- missioner of Indian Affairs to consult with this board respecting the purchase of supphes for the Indian Bureau. Those purchases, as you know, involve a very l?rge sum of money, amounting annually to about $4,000,000. As the chairman of the purchasing committee of the board, I have for the last two or three years made it my busi- ness, as far as the appropriation wouM permit and as far as ray own business engagements would permit, to be at Chicago and St. Louis, not at the opening of the bids, but at the examination of the samples, and, in addition to that, I have been present when the bids were opened in Washington, although that seemed a perfunctory matter r.s compared wifn going over the samples. The Chairman. How many days do you put in at Chicago ? Mr. Vaux. In April of this year, I put in five days on that work. The Chairman. How much work did you do in September of this year?. Mr. Vaux. I was not able to do anything in September this year. I was not well myself and was away from home, under the doctor's orders. The Chairman. Did the commission have anyone there ? Mr. Vaux. The commission had no one present at that time. The Chairman. Both Houses of Congress were represented there Mr. Vaux (interposing). Yes, sir; but, of course, you understand that we are serving without pay and many of us are busy men, and when I am trying to conduct my law business at the same time I am not always able to make my professional engagements fit in with the dates fixed by the Commissioner of Indian Affairs. However, during this period we have gone over a number of matters that were of considerable importance in connection with the purchase of sup- plies for the Indian Bureau, and there has been some correspondence regarding that. Important suggestions, as we believe, have been made recently, especially in connection with the purchase of clothing. That has come as the result of what I have seen personally in the Eurchase of clothing. Through the adoption of a standard sample y the Indian Bureau for the purchase of a certain class of goods, it became evident that in clothing, for example, such as overalls and other articles of that sort, if the regulation was strictly comphed with, it would not only reduce competition but eliminate competi- tion entirely, because of the fact that if you adopted a standard sam- ple of manufactured goods that were only manufactured in one mill, there could be no competition in the supply of goods of that par- ticular manufacture, and the manufacturer of those goods could put the ])rice up to anything he saw fit. We have gone very carefully into the specifications for clothing and overalls, and have recom- mended to the Secretary a complete revision of them, and that the samples should cover the character of manufacture, pattern, style, etc., leaving the goods a matter to be determined by the experts, as the result of competitive bids, from the samples the bidders may submit with their bids. I simply refer to that in passing as one of INDIAN APPKOPEIATION BILL. 235 The Chairman. Has the Commissioner af Indian Affairs any rep- resentative who understands this matter as well as you do ? Mr. Vaux. The process, Mr. Chairman, that is pursued is this: When the bids are opened they are scheduled and the samples are marked with numbers corresponding to the bids. There are samples for certain lines of goods in the Chicago warehouse and there are samples in the San Francisco and Omaha warehouses for certain other lines, and these samples are examined by an expert, who is somebody entirely outside of the Indian Bureau and preferably a man who has been engaged irf a line of business that would qualify him thoroughly to speak with authority on the subject. The Chairman. Who selects that man? Mr. Vaux. He is selected by the Commissioner of Indian Affairs. The Chairman. He is selected without reference to your com- mission ? Mr. Valtx. Yes, sir; but the Commissioner of Indian Affairs very frequently will consult with us as to whether we have somebody we can suggest, but when we come down to practical work it does not necessarily follow that the recommendations of that expert are wise ones for the Indian Bureau to accept, for the reason that he is not always familiar, for one thing, with the difference in freight rates, nor the difference, for instance, between one bidder and another bid- der on the question of deliveries. That is a matter that the expert can not, of course, pass upon, and that has to be done by a freight expert representing the Indian Bureau. Very frequently the samples submitted are practically identical, and it is simplj^ a question of exercising judgment as to which bids are the more desirable bids to accept, all things considered. For example, suppose a man is bidding on a small quantity, or on one or two articles from samples submitted, and there is another bidder bidding on several articles: Now, the expense of handlmg the goods to the Indian warehouse, if purchased from some one bidding on one or two articles, might be greater than the expense of handling the same goods purchased from a bidder who was bidding on a large number of lines. As an example of the sort of thing that sometimes falls to our lot to look after, I would say that last spring when I was in Chicago one item that we were passuig on there was that of hair- brushes. The expert had sejected a certain hairbrush as one which, air things considered, he thought the most desirable hairbrush on which to award the contract. It was considerably cheaper than manv of the others but not so well constructed. When, as the repre- sentatives of the Acting Commissioner of Indian Affairs, v/e came to look over these hairbrushes, we found that the specifications upon which the bid was submitted called for a brush to be constructed either with copper or brass wire to fasten the bristles, whereas the brush which the expert had recommended had the bristles fastened in with a little iron staple in a composition back instead of having a sohd wood back. The experience of the employees of the bureau has been that these composition backs with the sort of use that they usually receive at Indian schools went to pieces in a little while, and that a solid wood back was much more economical in the long run. There was a case where the judgment of the expert was reversed by the Indian Bureau, but, at the same time, the Acting (bmmissioner of Indian Affairs felt as though he was not authorized to do that 236 INDIAN APPBOPEIATION BILL. without further advice and backing, as it were, because, of course, these questions may come up later through the complaints of dissat- isfied bidders. Therefore the stronger the backing the Commissioner of Indian Affairs can get for his action the better pleased he is, naturally. At the present time we feel as though our appropriation was really absurdly small for the amount of work that we are expected to do. We think that everybody would grant, if we are to accomplish any- thing at all, that it is necessary to have a representative in Washing- ton for a considerable portion- of the time to attend to the extensive work which the board will be expected to perform, and we can hardly expect to get a man who has the ability to do that sort of work for a less salary than we are paying, that is, $2,500 a year. Mr. Carter. Do you pay the secretary of the board $2,500 a year? Mr. Yaux. We pay the secretary $2,500 a year. Mr. Carter. Does he have any other emoluments? Mr. Vaux. He has no other emoluments. Of course, the traveling expenses of the commission will be charged against our fund, hut there are no other salaried officers of any sort. . Of course, there is a stenographer and typewriter in the office, but just now, owing to the state of affairs, we have not a regularly employed person in that position, because there was a lot of work that we wanted to get up very promptly and it was thought more desirable to employ two persons for the moment and then for a time go. without anyone to do the typewriting work, if we did not have enough money to pay for it, although, as you can see, that is a very slipshod and unsatisfactory way of doing. There is one expense that we have been spared this year, for the first time in the history of the board: In the appropri- ations for the expenses of the Board of Indian Commissioners there has always been a clause reading, "including not to exceed $300 for office rent," but through the courtesy of the Secretary of the Interior and of the Chief of the Bureau of Mines we have since been accommo- dated v.ith two very nice offire rooms in the Bureau of Mines Build- ing, for •'A'hich we pay no I'ent, so that we are that much better off <.s respects our original expenses. The custom of the board has been, in nddition to such work as might have been done by way of con- ferring with the Commissioner of Indian Affairs and other officials, to hold two ;:-;eetings a 3'car of the whole board, one soon after the first of the year — sometimes in January and sometimes as late as March — in the city of Washington, which is the annual meeting of the board. Then there is another meeting held in October at Lake Mohonk, where the board has always been the guest of Mr. Albert Smiley up to the present year, he being a member of the board, and this year the board was the guest of his brother, Mr. Daniel Smiley. There was only a charge for the actual traveling expenses to Lake Mohonk from the homes of the members attending that meeting, because as soon as we arriA^ed at Lake Mohonk we were Mr. Snuley's guests. The Chairman. Mr. Smiley is dead, you say? Mr. Vaux. Mr. Albert SmUey is dead, and Mr. Daniel Smiley, his brother, has been appointed to succeed him, and there has been a continuation of that same method. Mr. Carter. Mr. Vaux, as you perhaps know, there has been some criticism of the board and some criticism of their recommendations. A PTRflt deal nf that criticism bns p.nmp. from vor-o- nrnr-.t.ip.fll men. and INDIAN APPKOPRIATION BILL. 237 some of it from men who, I think, are honest and conscientious in their own views. Now, then, we would like to know exactly what work you have planned to do with this $10,000. Ml-. Vaux. We have been in this position, that we have not had the funds to conclude the work we wanted to do, and yet wo have been criticized for not doino; more ; but we have been and are trying, with what we have at our disposal, to do the very most that we know how as respects the affairs of the Indians. In fact, just at the pres- ent moment, and outside of the Washington ofhce, there has been a good deal of talk with regard to the Indian sawmill at Menominee that seems to have caused a considerable amount of discussion. There has been a series of statements made on one side and a seiies of statements made on the other, and we did not feel as though any^. body knew, and that the department did not really know what had been the practical results of that Menominee sawmill, whether it had worked out from a practical business standpouit advantageously to those Indians or not. One of the members of our board, Commis- sioner Ayer, is a practical lumberman, and he has been conducting a first-hand investigation of everything in connection with that Menominee sawmill, aided in it by expert accountants in his o'v^n employ, whom he is accustomed to sending to sawmills that he may control in Arizona, New Mexico, Oregon, Washington, or elsewhere, for the purpose of making just exactly this sort of an investigation. He is at work on that at the present time. We have felt that in the extreme Southwest there was a great deal that needed consideration, and that there were important legislative and administrative questions arising which required the greatest wisdom in handling. The Navajo situation is one that we feel is a very serious one, as Dr, Eliot stated a few moments ago. Mr. Carter. What have you to say about that ? Mr. Vaux. At the present time Dr. Eliot and Commissioner Ketcham have outlined a trip which will cover a considerable part of the balance of the month of January. Commissioner Ketcham is now in Oklahoma and Dr. Eliot joins him in a very few days. They are expecting to give first-hand attention to the Navajo situation, and also include, in passing, what they are able to take up with regard to the Papagoes, the Pueblos, and also the Mescalero Apaches. Mr. Carter. Can you give us some idea of what is wrong with the Navajos, what imminent danger there is now. Mr. Vaux. The imminent danger that we feel confronts them now is that there is strong pressure, naturally and properly, being brought with regard to the settlement of the whole of the status of their reser- vation — that is, as to whether they should be allotted or whether they should not be allotted, which also includes the question of Indians on the public domain, if they are allotted as to how it shall be done and the amount of land that shall be allotted because it is desert country and they are sheep raisers, and necessarily the water holes are the key to the sheep industry. We feel as though if we know about all those things at first hand we can assist— we do not presume to be able to settle the problem by any means, but we believe it is one of our functions to assist — in trying to settle those questions and to avoid just exactly the sort of thing to which you referred to a few moments ago in connection with the Five Civilized Tribes. Mr. Carter. Are the Navajos on pubUc land ? 238 INDIAN APPEOPBIATION BILL. Mr. Abbott. Some of them are on the public domain; from five to nine thousand of them. Mt.Caetee. The present law prevents the use of any money for the allotment of the pubhc domain, does it not ? Mr. Vaitx. I am personally not familiar with the legislation. Mr. Carter. I believe such an amendemnt was put on the bill in the Senate. Dr. Eliot. There is another question, and that is the adjustment of railroad sections. The Navajo Eeservation along the railroad is complicated, because every alternate section belongs to the railroad, and some legitimate adjustment has got to be reached. Mr. Carter. That is one investigation you want to make, an investigation of the Navajos. Can you give us some of the others you expect to make ? Mr. Vaux. The Pueblo situation is a serious one. Of course that has been somewhat clarified by the recent decision of the Supreme Court of the United States declaring the Indian Pueblos Indian country. Mr. Carter. You mean the Pueblo Reservation? Mr. Vaux. Yes, sir; the Pueblo reservations; they are all mixed up with old Mexican grants. It is comphcated in that respect. Mr. Carter. It is a reservation on which homesteading can not take place ? Mr. Vaux. Yes, sir; and neither are they subject to taxes. The thing that seemed to most threaten the Pueblo Indians was a con- tinued determination upon the part of the New Mexican authori- ties — on the theory that the Pueblo Indians were American citizens— to tax every Pueblo and the land appertaining to them. The Indians have never been accustomed to pay taxes; they have never been educated up to that; and they were in imminent danger of having their towns and adjacent lands sold for delinquent taxes, and they would have absolutely no place to live under conditions where they wpre ejected from their present homes. There has been a plan devised, and I think that nearly all if not aU of the' Pueblos have joined in a request to be allowed to conve}^ their lands to the Secre- tary of the Interior as trustee for them. That was before this recent decision of the Supreme Court of the United States. Mr. Carter. This decision wiU preclude any necessity for that? Mr. Vaux. I am not quite sure that the Secretary of the Interior and the Commissioner of Indian Affairs feel that it may not be neces- sary stni to do something. Mr. Abbott, do you know anything with regard to that ? Mr. Abbott. There is a grave question there, Mr. Chairman, as to whether the decision of the Supreme Court will give the Commissioner of Indian Affairs local police authority among the Pueblos. Under the status of things in the past those Indians claiming fee ownership to their lands have resisted the appointment of policemen by the Commissioner of Indian Affairs to establish peace and order among them, and I think there is still a question whether for police powers they wall not have to look to the local State authorities. If their lands were held in trust by the Secretary, of course, he would have the same authority that he has on other reservations. And that is one of the questions which I think it is the intention of Commissioner Eliot and Commissioner Ketcham to look into INDIAN APPKOPEIATION BILL. 239 Mr. Caetek. That makes two. What other investigations do you intend to make ? Mr. Vatjx. Another piece of work that these gentlemen are going to look into is the situation of the Mescaleros. You will recall the Fort Sill Apaches going over there, and there is a great difference of opinion between the two sections of the band. There is something in the pending bill with regard to making an appropriation to give money to the Mescalero Band proper, apart form the Fort SUl Band, to enable them to purchase stock, and in that way to put them more nearly on an equahty with the others. There are certainly conditions that need looking after. Our board took a great interest in the removal of those Fort SUl Apaches, in the first place, in,releasing them as prisoners of war, and then in the working out of the problems in connection with their permanent settlement and the arrangements for them. Another matter is going to be taken up by Commissioner Smiley, who is at present in Cahfornia, or very shortly hkely to be there, as regards the Morongos, at Banning, the Riverside School, and some other matters. Mr. Caktkr. The matters you are speaking about are to be taken up immediately, are they not ? Mr. Vaux. Yes, sir. Mr. Caetee. Is the appropriation you are asking to be immediately available ? Mr. VAtrtc. That appropriation is not available until the end of this next fiscal year. Mr. Caetee. What we would Hke to know is, whether you have a statement to make as to what use you have for money for the next fiscal year. Mr. Vatjx. I could best answer that by saying, a continuation of the same general lines as those I have indicated here, not on these same reservations, necessarily, but on other reservations in other parts of the country. We have not attempted to spend money until we felt it was necessary to spend it. The board has its annual meeting in Washington the first week in February, and then the matter of the next fiscal year is coming up for further discussion and decision. Mr. Caetee. Just go through your hst, Mr. Vaux, and teU us the amoimt of money those investigations will involve, each one of them, Mr. Vaux. These that I have just referred to ? Mr. Caetee. I mean all the work you have in contemplation. We would Hke to know something about it. Mr. Vaux. Oiu- theory was this : If we had an appropriation of, say, $15,000, that with great advantage $5,000 of it could be spent in the Washington office for the salary of the secretary and his assistants. We had in mind trying to get up an outline or codification of the laws and working out of regulations that would assist the Secretary of the Interior and the Commissioner of Indian Affairs in connection with administrative work, in hne with a very extensive piece of work which has just been completed in our office of a brief respecting irrigation legislation, which refers to every one of the reservations where irrigation projects have been estabushed. There has been a great deal of time spent on that, and as a basis of that work we have to recommend certain legislation which we believe will be not only 240 INDIAN APPEOPEIAIION BILL. advantagL'ous to the Indians, but will also save the United States '-^Government a large sum of money. Mr. Carter. You have stated a definite amount there, $5,000, which you want to use for the expenses of the office in getting up briefs of laws relating to aU Indian matters. Mr. Vaux. Yes, sir. Mr. Carter. Let us have your plan for the use of the balance of the money you are asking for. Mr. Vaux. We thought that a very considerably iacreased amount from what we have been able to use in the past could be spent to advantage in the inspection of warehouses and supphes. Mr. Carter. How much do you think you ought to use for that purpose? Mr. Vaux. If we had it, I believe we could spend a couple of thou- sand dollars. Mr. Carter. Give us your next item. Mr. Vaux. And then that would leave $8,000, which should be spent in the investigation of field conditions and working out of problems as they affect the different reservations. Mr. Carter. Well, do you think that that $8,000 would be suffi- cient to put through the investigations you have planned ? Mr. Vaux. Well, we would make it go as far as we could. We should try to spend the money judiciously, and we would go as far as our funds would permit. During this past year we would not have been able to do as much as we dave done had not Commissioner Ayer put his hand in his pocket and helped out. Mr. Abbott. Perhaps it would be interesting to know that the investigation of the Menominee sawmill at this time would be abso- lutely out of the question if Commissioner Ayer presented a bill to the disbursing officer for his expenses. Mr. Carter. I thiak Dr. Eliot made that statement; Now, Mr. Vaux, you spoke about the meetiag at Lake Mohonk. Mr. Vaux. Yes, sir. Mr. Carter. I have had invitations once or twice to attend that meetiag and have heard a good deal of comment about it. Some persons think it is a good thiag for the Indians and other persons think it originated as a plan by which the gentleman who owns the hotel lip there might increase the patronage of his hotel. Mr. Vaux. The history of the M;ohonk conference I think I can tell you in two or three words. Many years ago Mr. Albert Smiley was on the commission that was appointed to negotiate a treaty with the Sioux, and they were at some point in Dakota, and failure to make connection with the stage, or other means of conveyance, or a rainy day, or something of that sort, tied them up and caused an impromptu meeting of the gentlemen who were on this commission, and the In- dian agent and other Government officers who were there, as well as two or three military men; because the Sioux were not in a very quiet state of mind at that time. They all had one object in view, and they sat up and talked half the night through. Tney were hot able to talk out in that period because each was so full of his subject, and when they were leavmg Mr. Albert Smiley turned to the other people who were there and said, "You come to Lake Mohonk as mjr guests and we will continue our talk." I heard Mr. Smiley tell this story INDIAN APPEOPEIATION BILL. 241 himself. And, accordingly, when October came he sent out invita- tions to these people, and some others whom he thought were in- terested in Indian matters, together with the United States Board of Indian Commissioners, to stay at his hotel as his guests, and from that the Mohonk conferences have sprung. Originally they were devoted, as respects the autumn conferences, to the affairs of the continental Indians, but more recently, when the island possessions came to be a matter of moment, they had been added also. It is unfortunately the case, I suppose, that where a man has con- ducted a successful business enterprise and indulges in philanthropy that there are some people who are imkind enough to say that it is in the interest of his iDusiness. However, I do not think that anyone who knew Mr. Albert Smiley "and saw his real interest in the matter and partook of his most delightful hospitality during the time we were there could fail to be impressed with the fact that the business end of the matter had practically no weight with him whatever. In fact, it has not been at all necessary at the Lake Mohonk House, be- cause people stay there imtil he closes it up. He has found it neces- sary to shut down the house in order to get his guests to leave. Of course, the Board of Indian Commissioners is not responsible for the Lake Mohonk conference. Mr. Caetee. I understand that. I notice that your Mr. Moorehead delivered an address at the last conference. ]Mr. Vaux. Yes, sir. Mr. Caetee. I quote this observation from his speech, given in the official report of the meeting: Progress, great progress, in protecting Indians the past two years is due, chiefly, to publicity. After I had investigated and reported on conditions in Oklahoma for the Board of Indian Commissioners I received word from the Acting Secretary of the Interior that my report would not be printed in. the a*nual report of our board. Fortunately, a pamphlet, already mentioned, had been printed exposing the des- perate situation of the Five Civilized Tribes, but it was not issued officially. The Acting Secretary based his refusal to print my report on the grounds that it contained a rather severe criticism of certain Members of Congress and that another portion of it would cause resentment in Oklahoma. Can you tell me to what Members of Congress from Oklahoma he referred ? Mr. Vaux. I can not teU you from recollection, and I do not want to put words into anybody's mouth. Mr. Caetee. I understand. Did he refer to any specific Congress- man or did he refer to the Members as a body ? I have never been able to get my hands on that report. Mr. vaux. I think it referred generally, did it not, Dr. Ehot ? Dr. Eliot. I can not recall it at all. Mr. Caetee. You can teU to what point the criticism addressed itself, can you hot ? Mr. Vaux. Well, I think Commissioner Moorehead felt that the Oklahoma delegation as a whole was not as ahve to the needs of the Indians in Oklahoma as. he wished them to be. I do not think that anv of us would agree with Mr. Moorehead in everything, but we would probably agree with him in some things. Mr. Caetee. I wish he had been here, because I wanted to ask him some questions. I wanted to find out how he formed the opinion that the Oklahoma Congressmen were not faithful to the interests 24455—14 ^16 242 INDIAN APPEOPKIATION BILL. of the Indians in that State, when as a matter of fact the only posi- tion we have taken is just the position I have explained to you gentlemen this morning, and with which you fully agreed. Mr. Vaux. Your remarks at that moment were directed parti- cularly to Dr. Eliot, but I want to say this myself: I very fuUy agree with what you stated, not only as a result of what I have seen else- where, but in Oklahoma, because I was down there a year ago last May and spent a ^eek or two. Mr. Caetee. I do not think any one has done more to try to clear up the probate situation and try to get it in shape to have the Indians protected than has the Oklahoma delegation, because we did take part in it. But the point I want to make is, that Mr. Moorehead never took it upon himself to investigate our true attitude about those matters. He had no authority nor right for making, in an official report, any such reckless statements as warranted the Secretary ia refusing to print them, and it causes me to wonder seriously whether the addition of this man has raised the high character of the personnel of this board of commissioners sufficiently to justify an increased appropriation. It is my opinion that he went to Oklahoma and found some Indian Bureau officials who had been permitting these things to go on about which you gentlemen complained, with some degree of justice. And those gentlemen, in order to bolster up their own cases, said, "Carter, Ferris, and the other fellows down at Washington are fighting us; they are fighting the good work we are doing." The fact is we were not fighting the work they were doing, but fighting the work they were not doing; we were fighting them because they were not giving the Indians the protection which they were paid to give. I think if Mr. Moorehead had taken the trouble to reaUy investigate conditions he would have found this to be the true situation, and possibly would not have made a statement which was calculated to impugn the motives or honesty of people he knew naught of. I think you and I had some correspondence about a matter which you afterwards disclaimed responsibility for, and I was very glad you were not responsible for such injustice. Mr. Vaux. Yes; there were some statements in jhe Oklahoma news- papers in regard to an interview which I had never given. Mr. Carter. They reported a thing in the papers as part of your report which you said you knew nothing about. Mr. Vaux. Yes. I only want to be responsible for what I say myself. Dr. Eliot. I would Uke to point out the fact that the report of Mr. Moorehead is not incorporated in the report of the Board of Indian Commissioners; it has been suppressed by "the Department of the Interior. It was printed at his private expense. Mr. Vaux. As respects the printing of that report of Mr. Moorehead and the distribution of it, there was no part of the appropriation that went into that in any wise. Mr. Carter. The "Members of Congress from Oklahoma and the members of this subcommittee court the most searching investigation of all their acts. If we have done anything wrong, your board should investigate and report specifically what it is, and we will help you to do it; but we do object seriously to such ex parte investigations and misleading reports as were made by some members of your board. INDIAN APPEOPKIATION BILL. 243 We do object most seriously and emphatically to assisting anyone to appropriate money for the I'm-therance of a plan to misrepresent the Oldahoma delegation in Congress, other Congressmen, or any other person or persons. The Chairman. I believe you stated there was trouble among the Pueblos in New Mexico with reference to the titles to their property. They own it as a community, do they not ? Mr. Vaux. Yes. My understanding of the legal status is that it dates back to old Mexican grants, and I understand that recently some have been saying that they would rather be under the Mexican flag then under the American flag, because they did pretty much as they pleased imder Mexican rule while United States rule has not done much for them. The Chairman. Are you aware that we have two very excellent lawyers in the Senate and a very excellent one in the House from that State who have understood about these grants for many years, especially Senator Catron; that we are paying $2,000 a year for the very purpose of protecting these Indians, and that we have in their towns an agent of the Government whose duty it is to report all those things ? Do you not think we have them sufficiently super* vised to protect them ? Mr. Vaux. It is not so much a question of supervision, as I view it, as it is a matter for wise legislation for the future. The Chairman. Have you made any suggestion along that line'^ Mr. Vaux. Not on that line, because we felt that we wanted more facts before we would be in a position to make a suggestion. The Chairman. Then you want the Government to furnish money to educate yourselves along that line in order to furnish us with the facts? Mr. Vaux. We beheve that the proper kind of investigation is the most valuable way in which money can be expended in connection with these problems. Dr. Eliot. I am going there myself next week. There is another matter in which we hope to be useful in connection with the educa- tional side of the Pueblos. They have thus far rejected the advance of the Government in regard to education. They do not permit the grant of land to the Government for the erection of schoolhouses, and under the statute schoolhouses can not be erected unless the Government holds title to the site; and it is our hope to persuade the Pueblos to permit schoolhouses. The Chairman. There are only two ways. One is to persuade them to send their children to school and adopt the white man's method of educating their children, and the other is to force them to go to school by naving laws like a great rhany States have to force the attendance of children between certain ages. Would you favor a law of that character to force the attendance of the children ? Dr. Eliot. I have not yet been there. As I understand, the Pueblos are self -governed and they do not permit into the Pueblos an officer of the Government who could enforce the law. The Chairman. Do you not think that the Lone Wolf case gives full authority over those Indians ? Dr. Eliot. I am not prepared to say. The Chairiman. That is my understanding of the law. 244 INDIAN APPKOPRIATION BILL. Mr. Abbott. I think there is serious doubt whether the Ijone Wolf' decision would apply to this land, as the title is in the community.; The status of the land is similar to that of the Mesquakie, the Saci and Fox in Iowa, who went there and boug.ht their own lands; the' governor of the State first held them in trust, and then the trustee-' ship was transferred to the Secretary of the Interior. 'i Mr. Carter. Do you not think that the Cherokee Baby case would apply? There vou have a case where there was no possible doubt of the fee being vested in the tribe, and yet after having an agreemenl with the tribe which set forth that no other people should participate in a distribution of the tribal property except those already on the approved rolls of the Cherokee tribe, the Supreme Court held th* the Federal Government had plenary power to do as it pleased with tribal property before allotment and that the Indian's recourse was with Congress and not with the courts. Mr. Vaux. I remember that, but we want to satisfy ourselves of the situation before we make any recommendation. !Mr. Carter. I think the Cherokee Baby case sets forth that the Government has plenary power to handle the tribal matter. Mr. Abbott. The only question would be whether their grant lands would be considered tribal property. The Chairman. Do vou know the gentleman to whom we are paying ,"52,000? Mr. Abbott. Yes, sir. Tne (Chairman. Is he a competent lawyer? Mr. Abbott. T consider him a very com.petent lawyer. He is giving very careful study to these cases. The Chairman. You know that the three persons representing th° State of New Mexico are all eminent lawyers. From what was said a few moments ago, do you think that you have better lawyers tnan those men to look after the matters pertaining to these Indians? Mr. Abbott. Mr. Chairman, I do not think that a statement of my opinion on that would really go to the important features of the case. I think the important fact is that there has been a decision of the Supreme Court that extends undoubtedly the jurisdiction of the Government over a part of their affairs, but leaves a very important question of policy as to whether those lands should be taken over in trust or whether under State law, if State law is to apply, the proper administration of their affairs can be carried on. Now, I believe that any committee of broad-minded gentlemen, such as the members of this commission, who would go down there, would be able, by looking into industrial conditions and talking with men interested in the local government and other citizens there, as well as Govern- ment employees, to give some very valuable advice to this com- mittee as to whether the bill already before Congress for taking over those lands in trust ought to be passed or irot, and whether additional legislation should be adopted by Congress with reference to the future education of those people. I believe that the report of this com- mission will be of very great value to this committee and of very great value to the Commissioner of Indian Affairs and the Secretary of the Interior; certainly more valuable than the recommendations of the average inspector who goes down there. Even if they agree with reports which have been made by inspectors it ought to help the INDIAN APPBOPEIATION BILL. 245 Bommittees in drafting legislation and finally putting things on a better Eooting. ■ The Chairman. Do you desire to make any statement in regard to this matter, as to why you should receive $15,000 instead of $4,000? !- Mr. Vaux. There is just one matter that I want to call your atten- tion to, if I may ? tuThe Chairman. Certainly. fviMr. Vaux. I referred a moment ago to this extensive brief on the lubject of u-rigation matters that IVIr. Abbott has prepared. He has ftlso gotten up a similar preliminary brief on the subject of timber bgislation, although that is not nearly so elaborate as the one on irrigation. Withia a short time, we are hoping, as a result of these investigations, to present to you a bill which we believe to be in the line of improved legislative methods, and also a move toward further getting the Indian into proper accord with our citizenship, which we think win make a saving of approximately $400,000 in this year's appropriation bUl. That is in line with having the cost of much of this work that has been done, and that is being done, chargeable against the property that is actually benefited rather than as a gra- tuity appropriation or chargeable against tribal funds as a whole. We are putting a great deal of thought and attention on that at this time. We are very sorry that it is not in shape at the present moment, but it wUl be ready very soon. The Chairman. Will it be ready by the 1st of June ''. Mr. Vaux. Yes, sir. Mr. Abbott. It will be ready by the close of the meeting of the board here in February. I have already sent out a draft of the pro- posed bill to each member of the board, with a copy of this brief, so that the various members will be in a position to discuss it here in February. This bill has for its main purpose the harmonization of all existing law on the question of irrigation and reducing it to a common principle, so that in your legsilative bills in the future, instead of figuring on 15 or 20 different kinds of legislation, all you will have to do is to figure out the definite appropriation needed, sub- ject to the application of onegeneral law. Incidentally, the codification of irrigation laws, I think, will be of value to every member of the com- mittee and to the people in the Indian Office and the Secretary's office. The Chairman. Will you present your report on that and also on the Pueblo matter ? Dr. Eliot. Yes, sir. The Chairman. And the Morongo matter? Mr. Vaux. That will not be ready so soon. I doubt if Mr. Smiley will be present at our meeting. The Chairman. A committee of the Senate and House investi- gated the Yakima matter very thoroughly ? . u v i • Mr. Abbott. Yes, sir; we have sent out copies of the Yakuna report. It is a very excellent reporo. i think it is fair to the board to state that they are trying not to overlap and duplicate work that should be done by some one else. They are trying to direct their energies to things that will actually help the committees, the Secretary, and the commissioner. They are not attempting any administrative functions. They are not recom- mending anything at Yakima for the reason that the commission has 246 INDIAN APPEOPEIATION BILL. already been there. I am sure that Commissioner Ketchami is not going mto the hospital situation which you went into but rather the question of the sale of the timber there, and the actual feeling of one part of the tribe as against the other, and perhaps to throw some additional light on the recommendation which the Commissioner of Indian Affairs has made for the reimbursable appropriation of $200,000 to help the Mescaleros. Mr. Carter. Can any of you gentlemen teU us what you think about the necessary precautions to be taken for the health of the Indians i Have you any suggestions to offer ? Mr. Vaux. I do not think, personally, I have any definite state- ment to make at this time, Mr. Carter. • Mr. Carter. In our investigations we found their health to be pretty bad. Mr. Vaux. I was impressed with the necessity of more rigid atten- tion to trachoma cases when I was in Oklahoma. I was in one place, and if I iccoUect aright, it was the town of Kansas, I have forgotten the county it was in. There was quite a line of old Indians who came in there, and a number of them were blind or suffering from partial blindness as a result of trachoma. Two of them, a very small num- ber, had been treated or operated upon by the physician, but there was enough work to keep an oculist busy for weeks just in that one spot, apparently. Dr. Eliot. The board in its last report approved the increased appropriation for 1914 and suggested that there should be worked out some method of procedure by which Congress would be only asked to appropriate money for the establishment of a plant, and that the maintenance should be charged against the Indians, it having been found that the stumbling block in securing the appropriation for the plant was the continuation of the appropriation for maintenance. Mr. Abbott. Permit me to say that I believe that the suggestion which Mr. Carter has made is a most practicable one for the whole service. I believe that definite arrangements should be made for segregating those afflicted with trachoma from the others and that additional teachers should be provided. Mr. Carter. I think the Government should be given sufficient power the very moment they find an Indian suft'ering from trachoma or tuberculosis or any other infectious or contagious disease to take the child, man, or what not, immediately away from the balance of the people and segregate them in a hospital. Mr. Abbott. That is a most excellent report. Mr. Carter. We also decided, I think, that one of the most valu- able things to benefit the health of the Indian would be to have trained nurses as field matrons, and thus take the science of hygiene right into the Indian home. Mr. Abbott. I want to say a word in support of the board's recom- mendation in favor of the policy of charging fees in hospitals for adult Indians. I want to tell you, Mr. Chairman, why I think that is practicable on a great many reservations. Last summer on the Navajo Reservation, where we have one of the very best physicians in the service. Dr. Wigglesworth, and where the Indians are most friendly to the white man's doctor and the white man's treatment, I put the question to Dr. Wigglesworth, as to whether he believed, INDIAN APPEOPBIATION BILL. 247 if we provided tents back of the scheol hospital for the treatment of adults, those adults would pay a reasonable fee to cover the actual cost of the medicines used and the actual cost of supplying the nurses, and he said that he believed they would. Mr. Carter. Where was that ? Mr. Abbott. At Fort Defiance. Dr. Wigglesworth said, "I would be willing to try it." As it is, he has to turn away adult Indians who come there for treatment. There are a great many Indians who have shares in tribal funds and if those funds coud be used the Indians would undoubtedly be glad to use them and pay for the actual cost of medicine and the actual cost of treatment, and I believe that it is a feasible plan. Mr. Carter. Suppose you should take the tribal funds of an In- dian and use them for hospital purposes ? Mr. Abbott. I would not. Mr. Carter. I mean, using them for keeping the Indians in a hos- pital, would you not run the great risk there of diverting from their true and proper course the funds of one man for another ? Mr. Abbott. I would not do that. Mr. Carter. Suppose you have a tribe of Indians that have $20 per capita, when you take an Indian into the hospital and he has consumed his part of the tribal funds, then what are you going to do ? Mr. Abbott. If the Indian has only $20 for his share, of course it would not be practicable there, but. Chairman Stephens has intro- duced a very excellent bill for the distribution of the tiibal funds of the Indians. My notion is that where you have a tribe of Indians where each one would have a pro rata share, we will say, of $.500 or $600, and those Indians should come to the superintendent and say that they wanted to use a part of that to pay for treatment, then, I would approve their request and let them pay for that treatment. I would just charge them the actual cost of the service and have the Government buUd, at its own expense, the hospital, so that the Gov- ernment would be relieved from the burden of the treatment. Mr. Carter. But what about the Indian who has not any tribal funds ? Mr. Abbott. I would treat him. Mr. Carter. If you get them to come into the hospitals you will have to pay their entire expense. Mr. Vaux. It is different in different places. Mr. Carter. Ti'es, sir. The Indian is in the habit of not paying the Government for anything. Mr. Abbott. That is wrong. Mr. Carter. And he always expects something to be paid to him whenever he has anything to" do with the Government. . Mr. Abbott. I believe it would be worth while to try that at some places. Mr. Carter. We have the education of the Indian to care for, we have the protection of his property to care for, we have his health to look after, and we have his civilization to care for, equippmg him for farming to work out the industrial program of the bureau. Now, why should the care of the health be charged to the individual any more than these other items which I have mentioned ? 248 INDIAN APPKOPEIATION BILL. Mr. Abbott. It should not Be. The board is working on a plan now to put this protection of property and the care of the property on the Indians themselves. Mr. Caeter. You can not do that in a great many instances, because there are treaties ? Mr. Abbott. In most of them, and where there are treaties let us make new ones, and finally have the property take care of itself. Understand, the whole question of having the adult Indians pay for their treatment does not mean the adoption of a policy of taking the burden of looking after the hospitals from the Government. I would maintain the hospitals for the children, but in most cases we have not even made a start toward taking care of the adult Indians.' You know from your trips throughout the country that we have not hospital facilities for the adult Indians. Where we know practically that Congress is not going to give us enough money in the next 10 years to buUd hospitals that are actually needed for the Indian children, it looks to me like a step in the right direction if we can get the Government to build the hospitals for the adult Indians, to require the adult Indians who are able to do so to contribute some- thmg to pay for the cost of the medicine and the treatment that they secure in the hospitals. In the case of many tribes, the Indians are better able financially to pay for that treatment, a great deal, than the average white popu- lation of the country is. You take the Osage Indians, for instance, and there are 20 other tribes that I could mention where they have property rights per capita valued at from $5,000 to $40,000. Mr. Carter. I am in favor of the Indian paying for the adminis- tration of his affairs whenever practicable, but it gets back to the original proposition, the health of the Indian is more important than anything else, because if he has bad health there is little use to civUize him or anything else. Mr. Abbott. My experience has been that the Indians are just' about as sensible about those things, and possibly a little more so, than the rest of us. I believe the Indians are just like white people in certain ways, and I believe that as soon as it is demonstrated to the full-blood Indians that the treatment of our doctors, the treat- ment which they get in our hospitals, is a good thing for their chil- dren, that they will want that same kind of treatment. Mr. Carter. In our recent investigations all the superintendents would tell us that there would be opposition on the part of the Indians to going into any kind of a hospital; that there would be no chance of forcing hem off the reservation into the hospital; and that it would be necessary to clothe them with the power to bring the Indian into the hospital whether he was willing or not; that they would go off and live in a little log hut, without any ventilation, and a dirt floor; they would clean the place up and put windows in, and the next time they would go back there they would find the windows broken out and blankets or rags stuffed in them, and they always had trouble getting them to go in the hospital. At ahnost every place we went we were told, ' ' You have got to put the hospital close to the Indian, because it is always going to be a difi&cult matter to get htm to take the white man's treatment." You know a great many of the Indians after they beconae civilized are very much op- posed to the white man's' system of medicine. INDIAN APFROPEIATION BILL. 249 Mr. Abbott. That is true. Mr. Carter. They stick to their own system and you have got to make it as accessible «s possible for them to go into a hospital. I am very much interested in this hospital question; but I would have very serious apprehensions about saying to the Indians, "You must pay," because I do not believe you would get one in a thousand into a hospital if you told him that. Of course, as suggested by Mr. Vaux there might be exceptions. Mr. Abbott. I think there are exceptions. It depends a great deal upon the doctor and the confidence the Indians have in him. On the Kavajo Keservation Dr. Wigglesworth reports that there are adult Indians who want treatment- whom they have to turn away because they can not furnish it. On that very reservation, these men and women who come to the Government for treatment also patronize the Indian medicine man; but they have figured it out that there are certain things the white doctor can do for them better than the Indian medicine man, and so they come to the white doctor, and they also go to their Indian doctor; the Indian medicine man and the white medicine man are working in cooperation. Mr. Carter. Well, it might m some isolated instances, but my experience has been, and the information that we have gained on this committee is that the most difficult thing you are going to have will be getting the Indian into the hospital at all. The Chairman. I believe you stated that Mr. Ayer was out west somewhere now. Mr. Vaux. Mr. Ayer's home is in Chicago and he has been con- ducting obis investigation at Menominee in connection with the lumber interests there. The Chairman. Have you an agent at Menominee ? Mr. Abbott. Yes; Mr. Nicholson. The Chairman. Are yon acquainted with him? Mr. Abbott. Yes, sir. The Chairman. How long have you known him ? Mr. Abbott. I have known him ever since he came into the service. The Chairman. How long has he been agent at that point ? Mr. Abbott. About three years. The Chairman. Where did he move from to that place ? Mr. Abbott. He came into the service at that place. The Chairman. He had never been in the Indian 'Bureau before ? Mr. Abbott. No, sir. The Chairman. While he has been in charge there have there been charges filed against him by a faction of Indians opposed to him? Mr. Abbott. There have been, yes. There are charges, of course, made against almost everybody in the Indian Service, and there were some charges against Mr. Nicholson. These charges were investi- gated by Chief Supervisor Holcombe at my direction a short time before I left the Inman Bureau. The Chairman. Made "by one Mr. Farr, who had been on that reservation as an inspector or an appraiser of lumber ? Mr. Abbott. No; I think not. Mr. Farr was the supenntendeno of logging at one time. The Chairman. Is Mr. Nicholson a special fnend of yours in any way? 250 INDIAN APPKOPEIATION BILL. Mr. Abbott. Not a special friend; he is my friend, just as many men in the service are my friends. The Chaieman. What influence caused Mr. Ayer to go out there? Mr. Vaux. Our board asked him to go and make this investigation because of the fact we thought this lumber mill being run as it was, an enterprise for the Indians, valuable information could be gotten as respects the future starting or turning down of similar propositions. The Chairman. Is the Government in charge of the mill or are private individuals in charge ? Mr. Abbott. The Government is in charge of the mill, but the ex- pensss of the mill are paid out of Indian funds. The Chairman. And is it not a fact that the Indians are objectiii to that, stating that the outgo exceeds the income? Mr. Abbott. Yes. Mr. Vaux. We wanted to have an investigation that would give the exact facts with regard to just what it was costing to run that mill as throwing light on similar schemes for working other lumber propositions in that way. The Chairman. Do you know the estimated value of the timber on that reservation ? Mr. Abbott. No; I do not remember. The Chairman. It is quite large, is it not ? Mr. Abbott. It is perhaps the most valuable tract of white pine left in the United States. There has been a great deal of contro- versy about that mill since the beginning. The Forest Service had the management of it when I first came into the Indian Bureau; four years ago, and the question of the management of that mill by the Forest Service was one of the points of controversy in the so-called Ballinger-Pinchot hearing before a joint commission of Congress. And then after the Forest Service gave over the management to the Indian Office there was a superintendent in charge for a while just as acting superintendent The Chairman (interposing) . What was his name ? Mr. Abbott. Mr. Carroll, who is now at Osage. And then Mr. Nicholson was appointed superintendent by Mr. Valentine and Mr. Ballinger. Mr. Nicholson had been assisting the Attorney General's office in some of the sugar-fraud investigations in New York City, and because of his good record in that work in New York City was assigned to this work at Menominee. Ever since I first became connected with the Indian Bureau there has been a con- troversy as to whether that mill was paying or not. The superin- tendent's reports have shown a constant increase in the profits of the mill. _ On tne other hand, some of the Indians, especially some of the mixed-blood Indians, have been filing statements to the effect that fair stumpage prices were not being received, and that thev were actually losing money in the operation of the plant. There was great opposition to the enactment of the law estab- hshing this plant in the beginning, especially on the part of big lum- ber miU men, in other parts of Wisconsin, who had been buying this timber formerly and manufacturing it in their mills, and then there were a great many people who beheved that the Government could not run a delicate, commercial enterprise of that kind at a profit; and so from those two schools of people there has been a great deal INDIAN APPKOPBIATION BILL. 25. of opposition to the Menominee mill. While I was in the Indian Bureau I never had an inspector who was especially quahfied as a lumberman, and I simply had to rely upon the superintendent's reports as to the amount of the profits. I never knew, from the standpoint of the lumberman, whether it was actually as profitable an enterprise as it ought to be, and that was one of the things I ex- plained to my successor when he came into office, as one that ought to have the last word said by somebody who was an expert as a lum- berman, that I was unable to decide the controversy as to whether it was paying or not. Independently of any suggestion from me, however, I tmnk that Commissioner Ehot raised the question at the Mohonli meeting of an investigation by Mr. Ayer, who is a very large lumber manufacturer himself, and perhaps one of the best qualified men in the country to make just such an investigation as it was beheved was needed to determine whether that mill was being operated along the right lines or not. The Chairman. Is Mr. Ayer interested in the lumber business in the Northwest or in Wisconsin ? Mr. Abbott. I can not say. Mr. Vaux. My impression is Mr. Ayer's lumber interests are along different lines from tlais altogether; railroad tics and that sort of thing are more in his actual practical line than the marketing of white pine. The Chairman. Are they manufacturing any railroad ties from the timber on this Indian reservation ? Mr. Vaux. I do not know. Presumabty, as it is pine and railroad tics are mostly of oak, it is not railroad ties that are being produced there. The Chairman. Then, the object of seading him was on account of his experience in the lumber industry ? Mr. Vaux. Precisely. The Chairman. And not on account of any personal interest in the matter ? Mr. Vaux. Oh, gracious, no; no personal interest whatever. The Chairman. I was trying to get at the bottom of this matter, if possible, so as to get something started for an investigation if one is to be made in the future. Dr. Eliot. Mr. Nicholson has a scheme in the running of this mill which is more or less novel. I can not describe the whole financial transaction, but he makes it out to be profitable. If it is profitable, then it is a scheme which will be applicable to any timber reservation, greatly to the benefit of the Indians. His critics say it is not profit- able and it ought to be stopped. Now, we want to know what the facts are, and Mr. Ayer, through his expert accountant, is seeking to find out as a financial proposition whether it is paying or not, and Mr. Ayer is qualified to discover the facts. Mr. Abbott. Mr. Chairman, I just had a letter yesterday from Commissioner Ayer, in which he said he was working on his report and that he would prefer not to come on to Washington with it until the time of the meeting, on February 1, but for me to say to the mem- bers of the joint commission that when he came here he would be very glad if he could take up any facts in regard to this matter which they care to take up with him, and if it were necessary he would come here before the February meeting. I went to the secretary* of the joint commission yesterday and left notice to that effect. 252 INDIAN APPKOPRIATION BILL. The Chairman. Senator Robinson, you know, is chairman of the commission, and he will be glad to take the matter up at any time. Mr. Abbott. The chairman is not in the city, but I left word with his secretary that Commissioner Ayer had sent this message. The Chairman. I should think it is a rather important question with him, because the San Carlos Reservation, the Mescalero Reser- vation, and the Colville Reservation, which we were on, have a great deal of timber on them. Mr. Vaux . Were you on the Klamath Reservation ? The Chairman. No; we did not go on the timberland, we were on the irrigation land on the river. We find quite a variety of opinion among the Indians and among the agents and persons living in the country as to what would be the best means of taking the. matured timber' and marketing it for the benefit of the Indians. Individually, I came to the conclusion that it depended largely on the conditions on each reservation, and that you could not have a hard-and-fast rule for all reservations, but on each reservation the conditions, the number of people tributary to the lumbering point, and the facilities for getting}; it out by river or by rail — all of those questions enter into the question of whether it would be better for the Government or ofr the Indians to market the timber; and that is a matter we now have under investigation. Mr. Abbott. I think it is one of the most important administrative questions before the department, and I believe that Commissioner Ayer's report will be of very great interest to your committee on that whole question of policy. The Chairman. We are very glad to have had you gentlemen with us, because wc are all working along the same line. Mr. Vaux. We have been exceedingly glad to appear before you. There is just one question I would like to refer to. I have not seen the exact text of the bill as drawn, but I imagine it has a provision to the effect that not over $300 can be used for office rent. The Chairman. 'Yes. Mr. Vaux. Now, inasmuch as we have free quarters, through hav- mg our quarters in the Bureau of Mines building, that ought to be stricken out, because we have no occasion to spend any money now for rent. The Chairman. It reads as foUows: "For expenses of the Board of Indian Commissioners, $5,000, including not to exceed $300 for office rent." Mr. Vaux. We are getting out office rent for nothing, and those words might just as well be stricken out. The Chairman. Does this increase the salary of the clerk, or is that a matter of regulation by the board itself ? Mr. Vaux. That is a matter of regulation by the board. The orig- inal regulations as issued by President Grant in June of 1869, an Executive order, I think, gave us authority to employ our own clerical force. The Chairman. What is the next item ? Mr. Meritt. The next item reads : For payment of Indian police, including chiefs of police at not to exceed 150 per moath each and privates at 'not to exceed |30 per month each, to be employed in maintaining order, and for the purchase of equipments and supplies and for rations for policemen at nonration agencies, $200,000. INDIAN APPEOPRIATION BILL. 253 We offer for the record the following justification: Pay of Indian police. Fiscal year ending June 30, 1914, amount appropriated f 200, 000. 00 Fiscal year ended June 30, 1913: Amount appropriated 200, 000. 00 Amount expended 185, 046. 63 Unexpended balance 14, 953. 37 ANALYSIS OP EXPENDITURES. Salaries, wages, etc $164, 669. 19 Cleaning and .toilet supplies 44. 62 Wearing apparel 12, 849. 51 Forage 689, 18 Provisions ; 6, 258. 26 Equipment 545. 87 Total 185, 046. 63 As indicated by the item under consideration, those employed under this head are required to maintain law and order on the Indian reservations, and in most instances are the only officers available for that purpose. Within the last two or three years the rate of compensation for these employees has been increased for the reason that com- petent and proficient men could not be procured to render service at $15 per month. However, with the specific increase in salary, there was not a corresponding increase in the amount available, so that it has been necessary, where increases in salaries were made, to reduce the number of employees, and as a consequence we have at the present time less than 1,000 police for over 300,000 Indians. It is apparent, therefore, that tliis force is entirely inadequate. Many of the reservations use this class of employees to act as truant officer in bringing about the attendance of the children at the school, and when- it is considered, according to the statistics in the annual report for the fiscal year 1912, that out of 72.603 children of school age, 18,962, or about one- fourth, are not in school, the necessity for these employees is apparent. In view of the fact that at many of the reservations quarters are not available for the Indian police, they are furnished rations. They are also allowed uniforms and equipment. The Indian police, as indicated by their title, are the peace officers of the reservation, and assist the superintendent in preventing lawlesssness and bringing offenders to justice. The Chairman. I see you have added the words "and supplies." Have you been paying for supplies out of this lump sum ? Mr. Meritt. Yes, sir. The Chairman. Why is it necessary to put in that language? Mr. Meritt. We have added that language at the suggestion of the Chief of the Finance Division in order to obviate any difficulty with the comptroller. It is not intended to use the appropriation for any other purpose than that for which it has been used heretofore. The Chairman. Was there any unexpended balance in this item? Mr. Meritt. There was an unexpended balance of $14,953.37. The Chairman. Will it be necessary to appropriate as much this year as last year with that unexpended balance ? Mr. Meritt. In view of the unexpended balance, we could prob- ably get along with $195,000. Mr. Carter. Has any part of this $14,000 been hypothecated ? Mr. Meritt. No, sir. Mr. Carter. That is all you needed last year, $185,000 ? Mr. Meritt. Yes, sir. The Chairman. What is the next item, Mr. Meritt? Mr. Meritt. The next item "For compensation of judges of Indian courts where tribal relations now exist, $8,000." 254 INDIAN APPEOPKIATION BILL. The following justification is offered for the record: Pay of judges, Indian courts. Fiscal year endinp June 30, 1914, amount appropriated 18, 000. 00 Fiscal year ended June 30, 1913: Amount appropriated 10, 000. 00 Amount expended 8, 883. 05 Unexpended balance ■- 1, 116. 95 ANALYSIS OF EXPENDITURES. Salaries, wages, etc $8,883.05 The Indian courts, for which purpose this fund is available, are one of the means whereby the superintendent is enabled to maintain law and order on his reservation witiout himself being charged with arbitrary action in any case. The Indians have come to look upon these courts as friendly institutions, because in passing Sentence, the offender knows that the court is one of his own tribe or band and that he is not punished by a white man. Within the past two years the appropriation for this pur- pose has been reduced from $12,000 to $8,000, resulting in a decrease in the number of judges. As a rule, these officers receive but $84 per year, at which compensation the office could employ 95 judges as a maximum. When it is considered that there are over 125 reservations where tribal relations in one form or another exist, it will be realized that the full quota of judges can not be employed, and on many reservations the burden of meting out punishments falls upon the superintendent. While the Indians are at peace with their white brbthren, it should not be overlooked that many of the old Indians who passed through the various wars, raids, and massacres do not take kindly to punishmtnt by a white man. It is therefore advisable that a court be established at these reservations, not only for the purpose of punishing the recal- citrant Indian, but to be a school for the adult Indian, and to teach him the civilized way of handling wrongdoers, and to assist in preparing him for the time when he must look to the Rtate and not to the Federal Government for his wants and needs. The Chairman. There is no change in the amount or in the lan- guage ? Mr. Meritt. No, sir. The Chairman. Have you an estimate as to the number of those judges ? Mr. Meritt. We have about 95 Indian judges, Mr. Chairman. The Chairman. Is that payment made from the office here or by the agent ? Mr. Meritt. By the superintendent of the reservation. They re- ceive a nominal consideration of $84 a year. The Chairman. Tliis has been carried a great many years ? Mr. Meritt. Yes, sir. The Chairman. What is the next item, Mr. Meritt? Mr. Meritt. The next is : For pay of special agents at $2,000 per annum; for traveling and incidental expenses of such special agents, includiLg sleeping-car fare, and a per diem of $3 in lieu of sub- sistence when actually employed on duty in the field or ordered to the seat of govern- ment; for transportation and incidental expenses of officers and clerks of the Office of Indian Affairs when traveling on official duty; for pay of employees not otherwise provided for; and for other necessary expenses of the Indian Service for which no other appropriation is available, $125,000. The following justification is offered for the record: --- " General expenses, Indian Service. Fiscal year ending June 30, 1914, amount appropriated $105, 000. 00 Fiscal year ended June 30, 1913: Amount appropriated 125, 000. 00 Amount expended 106, 227. 19 Unexpended balance 18, 772. 81 IKDIAN APPROPRIATION BILL. 255 ANALYSIS OF EXPENDITURES. Salariee, wages, etc $60, 497. 92 Traveling expenBes 35, 650. 71 Transportation of supplies 27. 57 Telegraph and telephone service 693. 84 Heat, light, and power (service) 129. 25 Printing and advertising 159. 03 Stationery 207. 50 Fuel 904. 96 Forage 1, 852. 63 Equipment 2, 890. 62 Medical supplies 144. 59^ Miscellaneous 3, 068. 57 106, 227. 19 This item makes this fund divisible into four classes, viz: 1. Employment of special agents. 2. Traveling expenses of officers and clerks in the Indian Office. 3. Pay of employees not otherwise provided for; and 4. Expenses of the Indian Service for which no other appropriation is available. Our general supervisory force consists of supervisors of the schools and special agents. As indicated by their titles, the supervisors of schools are employed in order to look after the schools of the Indian Service. The special agents are employed in order to investigate complaints, charges, and the like, and in a service exercising jurisdiction over 300,000 Indians, together with over 5,000 employees in the field, complaints and charges are bound to be numerous. The interest of the large number of outsiders must not be overlooked, and their complaints and grievances must receive equal consideration and investigation. In order that those who handle the affairs of the Indians in Washington, including the head of the bureau and his associates, may gain knowledge at first hand concern- ing the matters over which they have jurisdiction, it is not only the part of wisdom, but it is essential and necessary that from time to time trips or visits to the field be made, for while considerable knowledge may be gained through correspondence, yet there are many details which, although small, are of the utmost importance in the determination of cases, and which can only be ascertained by a personal view of the situation. Many of the agencies in the service are appropriated for specifically, which in many instances is entirely inadequate for the proper supervision of the affairs of the Indians. In these cases and in those where emergencies arise as a result of acts beyond our con- trol, it is necessary often to employ additional help, either of a permanent or tempo- rary nature. The wants and needs of 300,000 people present many perplexing, intricate, and peculiar questions. It can be readily understood that there must be many expenses in such a service, for which no other appropriation is available. As will be noted by the analysis of expenditures of this fund for the preceding fiscal year, the major portion thereof was used^for salary and traveling expenses. Many agencies are supported entirely out of this fund, which fact explains the charges for transportation of sup- plies, telegraphing, and telephoning service in the field, heat, light, and power, print- mg and advertising, stationery, fuel, forage, equipment, and medical supplies. The Chairman. What unexpended balance have you from that fund this year ? Mr. Meritt. We have an unexpended balance at this time of «16, 923.90. The Chairman. Could you reduce the amount to $105,000? Mr. Meritt. We are asking for $125,000, but in view of the un- expended balance we will not ask for an increase in that item. The Chairman. That is, $105,000? Mr. Meritt. Yes, sir. I might suggest, Mr. Chairman, that if you cut out of the bill those httle items providing specifically for em- ployees which we heretofore discussed the total should be added to this item. Mr. BuKKE. That should be taken into consideration in the com- putation ? 256 INDIAN APPEOPBIATION BILL. Mr. Meritt. Yes, sir. Mr. BxiRKE. Mr. Meritt, you have indicated that by reason of hav- ing an unexpended balance you could probably get along with a less amount than you have estimated, and that probably $105,000 would be sufficient? Mr. Meeitt. Yes, sir. Mr. Burke. Now, there are in the bill a number of items for the pay of certain employees at different agencies, and you suggested the other other day that you thought it would be better if we left those items out of the bill as specific items and carried them under this general item? Mr. Meritt. Y6s, sir. Mr. Burke. If we did that we would have to take into considera tion that this item would have to bear the expense which otherwise would be provided for specifically? Mr. Meritt. Yes, sir; the total should be increased accordingly. Mr. Carter. Mr. Meritt, was not this appropiiation in 1912 just $100,000? Mr. Meritt. No, sir; $105,000,. This is a general appropriation that we use when no other funds aie available, and we would like very much to have the appropriation not decreased less than the amount appropriated last year. The Chairman. What is the next item, Mr. Meritt? Mr. Meritt. The next item reads: For the purpose of determining the heirs of deceased Indian allottees and other persons having any right, title, or interest in any trust or restricted allotment, or in any other estate or property held in trust by the United States, under regulations prescribed by the Secretary' of the Interior, $100,000: Provided, That any officer or employee appointed or designated by the Secretary of the Interior or the Commisgioijer of Indian Affairs as special examiner in heirship cases shall have authority to admin- ister oaths in investigations committed to him: Provided further, That hereafter upon the determination of the heirs of a deceased Indian by the Secretary of the Interior there shall be paid by such heirs or from the estate of such deceased Indian or de- ducted from the proceeds from the sale of the land of the deceased allottee or from any trust funds belonging to the estate of the decedent, the sum of $15, to cover the cost of determining the heirs to the estateof the said deceased allottee, which amount shall be accounted for and paid into the Treasury of the United States and a report made annually to Congress by the Secretary of the Interior on or before the first Mon- day in December of all moneys collected and deposited as herein directed. The following j ustification is offered for the record : Determining hrirs of deceased Indian allottees. Fiscal year ending Ju ne 30, 1914 , amount appropriated $50, 000 ■ Fiscal year ended June 30, 1913, no appropriation. The appropriation of $100,000 for the purpose of conducting hearings and taking evidence to determine the heirs of deceased Indian allottees, in accordance with the act of June 25, 1910 (36 Stat. L., 855), is very much needed in order to enable the department to carrj; out the provisions of section 1 of said act. The regular administrative work of the various Indian agencies taxes the efforts of those officials to the limit. There have been about 204,000 allotments to Indians on 52 reservations, of which number it is believed that about 42,000 allottees have died leaving undetermined heirs. In order to cleai up the tangled condition of the estates of deceased Indians so that the inherited lands may be disposed of to whit? settlers, if the heirs so desire, and so that the money may be available to provide the Indian heirs with funds with which to begin the farming of their own allotments and the building of sanitary homes it is desirable that this item should be retained in the bill. This 18 a very important item in connection with Indian administration, and it can not be too urgently recommended for the favorable consideration of the Congregfl. INDIA'N APPEOPRIATION BILL. 257 The Chairman. I see you have changed the wording very mate- rially, and have added $50,000 to the appropriation. Please give us the reasons for this increase and also for the change of language. Mr. Meritt. The language of the bill was changed for the reason that the item as it appeared in the bill last year Umits the appropria- tion for the purpose of determining the heirs of deceased allottees pursuant to the act of June 25, 1910. There are Indians who have been allotted under other acts, and we wanted to broaden this law so that it would include Indians not only allotted under the general allotment act, as subsequently amended, but others who have been allotted under any other act. Mr. BuKKE. The act of June 25, 1910, did not have anything to do with allotments so far as this matter is concerned. It simply author- ized the Secretary of the Interior where an allottee dies to determine the heirs. Mr. Meritt. Yes, sir. This question has been gone over by the law«officers of the Interior Department and the Indian Office, and th%_ have reached the conclusion, in view of the fine distinction relating to the allotment laws, that it is necessary to broaden the scope of this item. Mr. Burke. I am quite familiar with this act, and what I want to inquire about is, if this is not in fact an effort to broaden the power and give the Interior Department further jurisdiction to go into mat- ters other than what the act of June 25, 1910, contemplated? Mr. Meritt. No, sir. .Mr. Burke. Because it reads : For the purpose of deternaining the heirs of. deceased Inliaii allottees and other persons having any right, title, or interest in any trt st or restricted allotment. Now, the language, "For the purpose of determining the heirs of deceased Indian allottees," it would seem to me to be broadened to ascertain whether I had any claim to an estate, if I asserted one, though I would be a person claiming some right. Then it goes fur- ther and says "Or in any other estate or property held in trust by the United States." Mr. Meritt. You wiU notice, Mr. Burke, that law is limited to any property held in trust by the United States, and that would not apply to the property of persons who were not under the jurisdiction of the department. Mr. Burke. I want to make sure. I am in full accord with giving the ofiice funds to administer this law, but I do not want to give' them money to administer some law that they have not any authority to do under existing law without knowing it. I want to know it if we do it. I can not see anv sufficient reason for the change of language, and stiU there may not be any harm. Just read what the act says ? Mr. Meritt. The law reads : That when any Indian to whom an allotment of land has been made, or may here- after be made, dies before the expiration of the trust period and before the issuance of a fee simple patent, without having made a will disposing of said allotment as herein- after provided, the Secretary of the Interior, upon notice and hearing, under such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decision thereon shall be final and conclusive. If the Secretary of the Interior decides the heir or heirs of such decedent competent to manage their own affairs, he shall issue to such heir or heirs a patent in fee for the allotment of such decedent; if he shall decide one or more of the heirs to be incompetent he may, in his discretion, cause such 24455—14 17 258 INDIAN APPROPRIATION BILL. lands to be sold; Provided,, That if the Secretary of the Interior shall find that the lands of the decedent are capable of partition to the advantage of the heirs, he may cause the shares of such as are competent, upon their petition, to be set aside and patents in fee to be issued to them therefor. All sales of lands allotted to Indians authorized by this or any other Act shall be made under such rules and regulations and upon such terms as the Secretary of the Interior may prescribe, and he shall require a de- posit of ten per centum of the purchase price at the time of the sale. Should the pur- chaser fail to comply with the terms of sale prescribed by the Secretary of the Interior, the amount so paid shall be forfeited; in case the balance of the purchase priqe is to be paid in deferred payments, a further amount, not exceeding fifteen per centum of the purchase price may be so forfeited for failure to comply with the terms of the sale. All forfeitures shall inure to the benefit of the heirs. Upon payment of the purchase price in full, the Secretary of the Interior shall cause to be issued to the purchaser patent in fee for such land: Provided, That the proceeds of the sale of inherited lands shall be paid to such heir or heirs as may be competent and held in trust subject to use and expenditure during the trust period for such heir or heirs as may be incompetent, as their respective interests shall appear; Provided further, That the Secretary of the Interior is hereby authorized in his discretion to issue a certificate of competency, upon application therefor,' to any Indian, or in case of his death, to his heirs, to whom a patent in fee containing restric tions on alienation has been or may hereafter be issued, and such certificate shall have the effect of removing the restrictions on alienation contained in such patent; Provided further, That hereafter any United States Indian agent, superintendent, or other disbursing agent of the Indian Service may deposit Indian moneys, individual or tribal, coming into his hands as custodian, in such bank or banks as he may select; Provided, That the bank or banks so selected by him shall first execute to the said disbursing agent a bond, with approved surety, in such amount as will properly safeguard the funds to be deposited. Such bonds shall be subject to the approval of the Secretary of the Interior. Mr. Burke. Now read the provision that authorizes an Indian to make a will, which is in the same law. Mr. Meritt. f Reading:) Sec. 2. That any Indian of the age of 21 years, or over, to whom an allotment of land has been or may hereafter be made, shall have the right, prior to the expiration of the trust period and before the issue of a fee simple patent, to dispose of such allotment by will, in accordance with rules and regulations to be prescribed by the Secre- tary of the Interior: Provided, however, That no will so executed shall be valid or have any force or effect unless and until it shall have been approved by the Commissioner of Indian Affairs and the Secre- tary of the Interior: Provided further, That sections 1 and 2 of this act shall not apply to the State of Oklahoma. Mr. Burke. What is the amendment of this act ? Mr. Meritt. The amendment of February 14, 1913. Mr. Burke. What does that do ? Mr. Meritt. It broadens the scope of section 2, which I have just quoted, so as to apply to all property of the Indians. Mr. Burke. That is trust- property ? Mr. Meritt. Yes, sir. Mr. Burke. Trust property or property he has acquired through the Government ? Mr. Meritt. Yes, sir. The law as originally enacted limited it to trust lands that had been allotted to him. Mr. Burke. Entirely to the lands ? Mr. Meritt. Yes, sir. Mr. Burke. And now you go a little further, and if he has any money in the bank or individual money or some cattle, you have jurisdiction over it ? Mr. Meritt. Yes, sir. INDIAN APPEOPBIATION BILL. 259 Mr. Burke. That being the case, why is not the language in the law as we enacted it last year sufficient to do everything you have to do? I wish you would give us a concrete instance of where you have found that you were unable to use the appropriation in a case where it would be desirable to do so ? Mr. Meritt. We have Indians who have been given deeds with restriction on alienation. They are not considered trust patents. Mr. Burke. You have now reference to lands which were allotted, say, where there was a 20-year limit as to alienation and no other restriction, but you do not regard those as allotments in the sense that we commonly refer to trust patents ? Mr. Meritt. No, sir. Mr. Burke. It is really a fee patent with the right to alienate withheld for a stated period ? Mr. Meritt. Without the approval of the Secretary of the Interior. Mr. Burk:e. While I am on this subject, have you any data or information as to what the result has been thus far since we made the appropriation and authorized this charge of $15 in each case? Mr. Meritt. We have collected quite a sum of money, but we will not make a report under this law until next year. Mr. Burke. I understand, but can you give us approximately what amount has been received since the appropriation was available. Mr. Meritt. I can secure those figures from the oflEice. Mr. Burke. I wish you would. If this fund is self-supporting, why, it would justify liberal appropriations. Mr. Meritt. The fund will be more than self-supporting after we get the machinery working. You see, we are handicapped more or less in carrying out an appropriation. For example, under this appropriation it is necessary to have examinations by the civil serv- ice, and it takes time to work that out. I wish to submit the follow- ing with regard to this item : There have been approximately 1,600 trust heirship cases decided by the department between the dates of June 30, 1913, and Decem- ber 31, 1913, which represents an earning of $24,000 under the pro- visions of paragraph 18 of the act of June 30, 1913 (Public No. 4), which requires the payment of a fee of $15 for each such trust estate determined. With 10 experienced and efficient examiners or clerks engaged con- tinuously on the work in the office, the work of determining heirs of deceased Indian allottees should be self-supporting, allowing a yearly appropriation of $100,000 for that purpose. Mr. Burke. Getting your force organized ? Mr. Meritt. Yes, sir. We are just now getting our force well organized and we can use as much as $100,000 of this appropriation for next year. In fact, if we do not get the $100,000 next year we will have to lay off some of the people we are now employing under the $50,000 for the reason that these employees were only recently started on this work, and consequently we have funds to employ a lai'ger force for the balance of the fiscal year than we would otherwise. Mr. Burke. You are equipping the force with a view to having $100,000? Mr. Meritt. Yes, sir. 260 INDIAN APPKOPEIATION BILL. Mr. BiTRKE. In one of the deficiency bills in the special session of this Congress you got authorization to enable yovi to use some part of the money appropriated here in the Indian Office in connection with this work ? Mr. Meritt. Yes, sir. We are asking for an increase in the clerieal force from the Appropriations Committee. If that is pro- vided it will not be necessary to ask for a part of this appropriation. If the Appropriations Committee fails to give us an increased clerical force Mr. Burke (interposing). By reason of having this work to do? Mr. Meritt. Yes, sir; it will be necessary to ask Congress, probably the Senate committee, to give us $20,000 in this appro- priation. Mr. Burke. It is idle, of course, to make the appropriation with a Hmitation that no part can be used here, because necessarily some part of the work must be done in the department ? Mr. Meritt. Yes, sir. We now, Mr. Chairman, have in the field 40,000 heirship cases undetermined representing Indian property tied up to the value of about $60,000,000. We nave in the Indian Office between 1,200 and 1,500 cases undertermined simply because we have been handicapped heretofore by lack of facilities to carry on this work. Congress by the act of June 25, 1910, placed large re- sponsibilities upon the Secretary of the Interior and the Commissioner of Indian Affairs, and last year was the first year that Congress has provided an appropriation to carry on that work. Mr. Burke. How has the law worked out in practice? Mr. Meritt. The act of June 25, 1910, has worked out splendidly, and it would have worked out even better if we had had an adequate appropriation aU the time. Mr. Burke. Have you had any litigation or litigation of any importance growing out of the findings of the Interior Department in determining who the heirs are ? Mr. Meritt. No, sir. Mr. Burke. Generally accepted ? Mr. Meritt. Yes, sir. Mr. Burke. Has there been any litigation ? Mr. Meritt. No, sir. Mr. Burke. In fine 14, the proviso, will that be the law without the word "hereafter," if enacted m the form in which it is submitted? Mr. Meritt. I think it would be advisable to have the word "hereafter" inserted. Mr. Burke. Then there would be no question but what it would be the law, and it would not be necessary to recite it in future acts ? Mr. Meritt. Yes, sir; I think it would be advisable to insert tha word "hereafter." Mr. Carter. Where are these Indians located which you speak of that have patents with restrictions and yet not trust patents? Mr. Meritt. The Winnebagoes, as well as other Indians. Mr. Carter. Are you aware, Mr. Meritt, that this provision would apply to the Five Civilized Tribes, which have been exempted? Mr. Meritt. This provision would not apply. Mr. Carter. I think it would. Mr. Burke. The act of June 25, 1910, excepts the Five Civilized Tribes. INDIAN APPROPRIATION BILf . 261 Mr. Carter. But this supersedes that act. Ml". BxiRKE. To make it absolutely certain, if you leave it in the present form, you might put on an additional proviso that this shall not apply to the Five Civilized Tribes. Mr. Meritt. We had no purpose to extend it to the Five Civilized Tribes. Mr. Burke. We do not want to extend it, because it would cause confusion. Mr. Meritt. I believe the law officers of the Indian Service would hold that it did not, because of the fact that the Five Civilized Tribes have always had special legislation. Mr. Burke. I think it would be better to put in a proviso that the provision shall not apply to the Five Civihzed Tribes. Mr. Meritt. Yes, sir. There was a recent act amending sec- tions 1 and 2 of the act of June 25, 1910, so as to extend that law to Indians in western Oklahoma. That is a very fine law; very helpful. I wish, Mr. Chairman, to emphasize the importance of this appro- priation. I received a telegram this morning from Commissioner Sells urging that this appropriation be strongly justified before the committee. It is one of the most important items we have in the bill. If we can clean up these heirship cases now pending in the field, the Commissioner of Indian Affairs will be able to authorize the sale of these deceased allotments and the Indians will have this large amount of money available to build homes arid to -begin fanning operations on their allotments. As it is, the land is tied up, it can not be sold to white settlers, and it is really of httle benefit to the Indians. If we can get this appropriation of $100,000 it will be very helpful to the Indian Service in solving that problem. Mr. Burke. In addition to the Five Civilized Tribes, ought not the Osage Tribe to be excepted also ? Mr. Meritt. Yes, sir. Mr. Carter. Under that act you have to have a determination of the heirs and partition before sale ? Mr. Meritt. This is the method of procedure: We h;ive a special examiner out on the reservation, or will have after we get the law into operation, who will make a tentative finding us to the heirs of the deceased allottee. He will transmit to the Indirn Office the record. In the Indian Office the record will be gone over very care- fully by a law clerk, who has assigned to him one or two States. He makes a specialty of the inheritance laws of those States and becomes an expert in that line of work. That case is then prepared and sub- mitted to the chief of the heirship section and then goes to the law division where it is passed on by two lawyers trained in this work and is approved by one of the commissioners. Mr. Carter. The determination of the heirs is then made finally % Mr. Meritt. Then it goes to the Secretary of the Interior and the finding of the commissioner or the assistant commissioner is approved by one of the secretaries, probably the Assistant Secretary of the In- terior, and then that is a final determination of the heirs under the act of June 25, 1910. , ^ , , Mr. Carter. Do you in any cases have a sale before the final deter- mination of heirs ? 262 INDIAN APPBOPEIATION BILL. Mr. Meritt. Sometimes we have a sale of an allotmeiit and the heirship question is determined at the same time the ssle is approved. Mr. Carter. When the sale is approved? Mr. Meritt. Yes, sir; we determine the heirs and distribute the proceeds to the heirs in accordance with that determination. Mr. Carter. You do not partition the land before you sell .it. You sell it all together, usually ? Mr. Meritt. We usually sell the land all together, but we can par- tition it under the act of June 2'5, 1910. Mr. Carter. Suppose there is a competent and an incompetent heir, can that competent heir dispose of any part of his share in an estate before a determination of the heirs ? Mr. Meritt. No, sir. Mr. Bltrke. Why couldn't he ? Mr. Meritt. The department would determine the heirs to the allotment, then the department could partition to this competent heir his share of the estate, and then he could dispose of it as he saw fit. Mr. Carter. Suppose Mr. Burke and I are the heirs to an estate. Mr. Burke is competent and I am incompetent. He decides to sell to 3'ou his interest in that estate. How would you go about prevent- ing him from doing it ^ Mr. Meritt. He could not sell if there was a restriction on the estate. Mr. Burke. I could not give a title? Mr! Meritt. Not without the approval of the Secretary of the Interior and the Commissioner of Indian Affairs. Mr. Carter. But he would be estopped by reason of having given the deed himself from making any claim. Mr. Meritt. Yes; but the title would not be conveyed. Mr. Carter. I understand there would have to be a conveyance of the title by the Secretary. Mr. Burke. Why would it not be exactly the same as it would in the administration of a white man's estate in a probate court. As Mr. Carter says, if I am competent and he is incompetent and my interest I consider worth $3,000 and I sell it to you and you pay me the money, of course the transaction depends on the decree being finally entered, ])ut there is no way you can stop that, if I am com- petent ? Mr. Meritt. In that case I would be subject to a penalty, under section 5 of the act of June 25, 1910, for purchasing land held under trust, without the approval of the Secretary of the Interior. Mr. Burke, ^'ou are only purchasing my interest in the estate? Mr. Meritt. Yes, sir. Mr. Burke. You could not of course give any title to the land. Suppose, following it a little further, the land is not partitioned, but you have advertised the land for sale and you are going to sell it. I could assign my interest to you or anybody else, if I am competent, and I am certain that the office would not hesitate to pay the money to my assignee, if it were a straight transaction ? Mr. Meritt. If it were a straight transaction, the office would not hesitate to do that. Mr. Burke . Then it is exactly the same as it would be in any admin- istration proceedings ? INDIAN APPKOPKIATION BILL. 263 Mr. Meeitt. Yes, sir. Mr. Burke. But as to giving title to land, of course my title would not be good until the decree was made. Mr. Meritt. Yes, sir. And this mav be interesting. 1 do not know whether j^ou want it in the record or not, section 5 of the act of June 25, 1910 Mr. Burke. I know what that is. I do not think that would apply. That has reference to the purchase of an Indian during the trust period of his allotment or incumbering the records in any way with a mortgage or deed, and does not apply to leases. Mr. Burke. What is the next item ? Mr. Meeitt. The next item reads: • For the purpose of encouraging industry among the Indians and to aid them in the culture of fruits, grains, and other crops, $100,000, or so much thereof as may be neces- sary, to be immediately available, whicti sum may be used for the purchase of animals, machinery, tools, implements, and other equipment necessary to enable Indians to become self-supporting: Provided, That said sum shall be expended under conditions to be prescribed by the Secretary of the Interior for its repayment to the United States on or before June 30, 1925, and all repayments to this fund made on or before June 30, 1924, are hereby reappropriated for the same purpose as the original fund, and the entire fund, including such repayments, shall remain available until June 30, 1924, and all repayments to the fund hereby created which shall be made subsequent to June 30, 1924, shall be covered into the Treasury and shall n ot be withdrawn or applied except in consequence of a subsequent appropriation made by law. This is known as a revolving industrial reimbursable item. We are asking for $100,000, the same amount that was appropriated last year. Mr. Sells. Mr. Chairman and gentlemen, we regard that item as of very first importance. Mr. Burke. Is there anv explanation that vou desire to make there? Mr. Meritt. We would like to submit the following justification for this item : Industry among Indians {reimbursable). • Fiscal year ending June 30, 1914, amount appropriated SJOO, 000. 00 ' Fiscal year ended June 30, 1913: Unexpended balance 25, 458. 94 Amount expended 13, 073. 53 Unexpended balance 12, 385. 41 ANALYSIS or EXPENDITURES. Transportation of supplies , 44. 17 Equipment ..-'^^- 11,764.98 Seed, trees, etc- -- -- J,Zb4. d» 13, 073. 53 264 INDIAN APPEOPEIATION BILL Statement of expenditures for the fiscal year 1913 from the appropriation "Industry amony Indians {reimbvrsable.) ," act of Mar. S, 1911 {36 Stat. L., 1058-1062). Agency. Live stock. Imple- ments, harness, etc. Seed, trees, etc. Total. Camp McDowell, Ariz Fort Mojave, Ariz Malki.Cal Martinez, Cal Pala,Cal Pechanga, Cal Soboba, Cal Flathead, Mont Fort McDermitt, Nov "Walker River, Nev Pueblo Albuquerque, N. Mex. Santa Fe, N. Mex Shawnee, Okla $1,610.00 500.00 100. 00 $196. 51 73.50 325. 00 2,670.00 40.00 144.00 305. 00 287.60 27.59 883.35 458.11 $573. 13 136. 90 655. 35 1,860.35 2,439.24 $195.61 1,610.00. 500.00 173.60 573. W 135. 90- 907. 94 3,453.35 458.11 40.00 1,994.35 2,744.24 287.50 Total. 5,88L60 6, 927. 66 1,264.38 13,073.63 Original appropriation $30,000.00 Repayments 262. 00 30,262.00 Expended to June 30, 1913 15,902. 24 Balance 14,i 9.78, Statement of expenditures for the fiscal year 1913 from the appropriation, "Purchase of implements for Indians of Tongue River Reservation, .Mont." (reimbursable), act of Apr. 4, 1910 {36 Stat. L., 269-277). Expended during the fiscal year 1913 : For live stock For agricultural implements Total. f 4, 585. 00' 139. 00 4, 724. GO' Original appropriation $15, 000. 00 Repayments 13, 074. 83 28, 074 83 Expended to June 30, 1913 23, 061. 75 Balance 5, 013. 07 It vidll be noted that the $15,000 appropriated for use on the Tongue River Reserva- tion by act of April 4, 1910, has all been used once, nearly all of it has been repaid, and about two-thirds of the original amount used the second time. As the disburse- ments under this fund have been very largely for live stock for breeding purposes, and for seed and agricultural implements, it is not hard to see that the benefits accruing to the Indians will in all probability aggregate values several times the amount of the- original appropriation. While the foregoing statement regarding the expenditures from the appropriatiott "Industry among Indians, reimbursable," act of March 3, 1911, shows only an expen- diture of $15,902.24, and a balance of $14,359.76, all but $4,717.06 have been appor- tioned among 14 different superintendencies. The failure to expend the entire sum is due very largely to the fact that superintendents have been unfamiliar with the use of funds of this character, ana the Indians have been frequently slow to participate in the use of the money. At some of the reservations all of the amounts apportioned have been used and additional sums are being asked for to meet the demands of the Indians. The money expended, it will be noted, has been used in the purchase of live stock, consisting of sheep, cattle, work teams, and breeding stock, implements,, harness, seeds, and trees. While no actual expenditures have been thus far made from the sum of $100,000' appropriated by the act of June 30, 1913 (Public, No. 4), for the purpose of encouraging- industry among Indians, the sum of $75,000 has been apportioned in sums ranging INDIAN APPKOPEIATION BILL. 265. from $1,000 to $15,000 among 25 different reservations in the States of Arizona, Cali- fornia, Nevada, New Mexico, Oklahoma, North Carolina, and Utah. At many of the- reservations larger sums than could be apportioned are needed to meet the demands of the Indians for assistance from reimbursable funds, and at other places no appor- tionments can be made at all at the present time. At a number of the reservations extensive areas of land have been put under irrigation ditches and large sums of money will be needed to assist the Indians at these places in making beneficial use of water upon their allotments, in order to save their water rights. If specific sums are appro- priated for these reservations, the remaining $25,000 from the act of June 30, 1913, can be distributed to at least partially meet the needs of the Indians on those reser- vations having good livestock and agricultural possibilities. There are many very worthy Indians in the Southwest, along the Pacific coast, and in various other places who have good allotments or who have fine live-stock possi- bilities, who, if given a few hundred dollars each to purchase teams, implements, etc., to work their lands or to purchase a few head of live stock for breeding pur- poses, or possibly better bulls, stallions, or rams for the herds they now own, would eagerly grasp the opportunities thus presented and with proper supervision they would soon become self-supporting instead of having to lean on the Government for their existence. There are also many cases where Indians now very much need better and more sanitary homes, but the only way they can provide themselves with such would be by the sacrifice of their live stock or such depletion thereof as to wholly or largely destroy their income. If they could have the benefit of a few hundred dollars with which to purchase material and employ skilled labor, they could provide themselves with reasonably good homes, and by saving their live stock would be able to reimburse the loan in small payments without materially lessening their earning powers. In several places it is now very necessary to provide large amounts for better breed- ing stock, such as bulls, stallions, and rams, for which little or no funds are available. In many instances the Indians would be ready and willing to purchase this live stock if funds were available for the Government to make the purchase and let the Indians select therefrom after delivery at the agency. Under present conditions if this live stock is purchased from the regular support funds and sold to the Indians, the money thus collected reverts to the Treasury and is not again available. This limits its use to one purchase, whereas by calling into use a portion of these reimbursable appro- priations for the service at large such purchases can be made, the animals sold out to the Indians, and the money thus taken in can be similarly used for other places, and in that way a given sum can frequently be made to aid different tribes or various families of the same tribe. As the system for using these funds is perfected, and as the superintendents and the Indians of the various parts of the country become acquianted with the system and the benefits accruing, there is no doubt but that the appropriations will be fully used up. It is believed that this plan is much better for the Indians than the former plan of buying live stock, implements, etc., and issuing to the Indians direct, either gra- tuitously or for labor to be performed on the reservations. The effect on the Indians is much better, and as they become accustomed to it most of the tribes seem to prefer- it. Mr. Meritt. Mr. Davis is here and can giA e detailed information regarding this appropriation. Mr. Sells. If it is the pleasure of the committee 1 wf)uld like to have Mr. Davis make a statement with reference to the reimbursable fund. The Chairman. You may proceed, Mr. Davis. ADDITIONAL STATEMENT OF MR. CHAS. L. DAVIS, SUPERVISOR OF FARMING. Mr. Davis. This item is for the purpose of providing means with which to aid the deserving Indians individually, I will say, m the purchase of necessary teams, implements, seeds, and so fortli, lor the purpose of cultivating their allotments, and then in some cases to aid tribes in the purchase of herds, to be held tribally, for the time being. It is used largely in lieu of the original gratuity support fund. The purpose of extending it to the individual Indians is to furnish them with these things to be repaid by them as fast as they can. We give 566 INDIAN APPROPRIATION BILL. tlieiii long time, sometimes three or lour years, to pay for teams, and so forth, and arrange it in such a way that they can make these re- imbursements under the eas}" payment plan. Wherever we have been able to introduce the plan and get it into operation, the Indians like it very much, and in a number of cases they are providing them- selves with seeds and implements, and in various places with breed- ing stock, such as stallions, bulls, and so forth, where they have herds to justify it. It is becoming very popular, and we believe it is so much better for them in that it places a responsibility upon them of repayment in due time. We are using it particularly in plac^es where we do not have other funds to build up their industries and this particular fund is requested lor that particular purpose. It is not a, salary fund in any sense; neither is it a gratuity support fund. It is for the purpose of encouraging industry aniong the Indians by enabling them to do for themselves. The Chairman. How is this fund distributed among the various tribes ? Mr. Davis. It is distributed, 175,000 of it, among various tribes, mostly in the Southwest, ranging from 11,000 to as high as 115,000 for the entire Navajo country. The Chairman. Is it used among the Apaches and Navajoes, those nomadic Indians of the Southwest ? Mr. Davis. Yes; among the Apaches that do not have tribal funds. Where we have tribal funds, if ihey can be used that way, we do so. The Chairman. Then this is a gratuity fund entirely to be used under the control of the Secretary of the Interior or the Comroissioner ■of Indian Affairs, as he sees proper, among anv Indians of the United States « Mr. Davis. Yes, sir. Mr. Meritt. It is not a gratuity appropriation. It is a reimburs- able appropriation. Ihe Chairman. Where is the clause making that reimbursable ? Is it reimbursable out of the funds of the Indians for whom it is used? Mr. Meritt. Yes, sir. It is not a gratuity appropriation, because they are required to pay it back in due time. We would like to have that proviso clause, which is stricken out in the bill, reinserted. We want to make the required reports to Con- gress and show just how much money is expended and for what purpose. Mr. Sells. The distribution referred to by Mr. Davis was the dis- tribution of this year, and not necessarily oi last or next year. The Chairman. Now, this provision requires "a detailed report of the use of this fund." That report was made, I presume? Mr. Meritt. No, sir; that report has not been made. That pro- vides for a report for next year. We will make that report next year. Mr. Davis. This fund is used particularly in Southwest reservar tions where we have small irrigation projects and where we lack means to enable the Indians to utilize their allotments. The Chairman. I see some statements to the effect that you have down in the Southwest there some borings, some well borings, for the purpose of furnishing water for irrigation and stock raising; in the Navajo and Apache country. Is this fund to be used particu- larlv for them ? II^DIAN APPEOPEIATION BILL. 267 Mr. Davis. No, sir. The Chairman. What fund is il that you are now proceeding on this work from ? Mr. Meritt. We have a specific appropriation for water develop- ment on the Navajo Keservation. That appears in the bill. The Chairman. I know from personal observation that we were doing that work, and I did not know whether it came from this fund or not. Mr. Burke. Mr. Meritt, the original appropriation for that pur- pose was $15,000, and the Secretary of the Interior has submitted to Cdngress a report of the expenditure of that fund. It is to be found in House Document No. 295, Sixty-third Congress, second session. The last appropriation act made an appropriation for this purpose of $100,000. Now you have estimated in the present bill for an additional $100,000, which makes that appropriation $215,000. Now, how much do you contemplate making that fund before you stop « Mr. Meritt. Mr. Biirke, we called on our superintendents for a report showing the exact amount of money they could use on the various reservations for industrial purposes so as to make the Indians self-supporting and utiUze their land along industrial lines. The Indians have been allotted the land, but they have not been supplied with equipment so as .to make use of these lands, and the superin- tendents reported that it would require a very large amount, some- thing hke $8,000,000, to properly equip the Indians of the country so that they could make use of their allotments. Of course, we un- derstand that it would be useless for us to submit an estimate in that amount, but we are trying to work to the point where we can supply the Indians with enough material so that they can use their land and become self-supporting. Mr. Burke. Now you are asking an appropriation on the theory that we are simply loaning the money to the Indians. If you were in the business of loaning money and you asked your agent how much money he could loan in his territory, or how much he could loan safely, the estimates' would probably be quite different. He may be able to loan a very large sum, but he might be willing to loan but a very small sum. Now I am going to call your attention to the language in this House Document No. 295, which accounts for the expenditure of the original appropriation and shows $4,717 not expended, as I understand it, and then states: The failure to expend the entire sum is due very largely to the fact that the superin- tendents have been unfamiliar with the use of funds of this character, and the Indians have been slow to participate in the use of the money. Now, in view of that statement and the fact that it is rather a doubtful proposition as to whether we can safely continue this policy, is it advisable now for us to increase this amount with another $100,000 before we see how it works out a little ? I know you made a pretty fair showing with this original $15,000. It appears that out of that there has been a repayment of $1 3,074. That is a good show- ing, but it is a dangerous proposition, in my judgment, to appropriate a large sum of money for this purpose with the expectation of getting it back. If we are not going to get it back, I would rather appropri- ate it as a gratuity. 268 INDIAN APPKOPBIATION BILL. Mr. Meritt. We are making very careful use of this fund. The commissioner has recently apportioned this entire $100,000 provided in the last appropriation act and we could have used a very much larger sum than that $100,000. We were handicapped because we dicf not have more money with which to supply Indians who needed material. The Indians in the Southwest nave been very seriously neglected, and it seems to me that Congress might well be a little more liberal in providing them with equipment. These reimbursable appropriations will later save gratuity appropriations. Mr. Burke. We have been liberal. We have increased the appro- priation that was originally $15,000 by $100,000 in one year. Now you want to make that appropriation this next year $215,000, and, m my judgment, with all due respect to the efficiency of superintend- ents in the Indian Service, there is not one out of ten that has the slightest judgment or ability to loan money safely; and you are going to find, in my opinion, if you get this amount up to this point, you can not make the showing that you have made so far. Mr. Meritt. We are not loaning the money, Mr. Burke. We are buying the material under the jurisdiction of tihe superintendent for the Indians, and we are issuing that material to the Indian and taking his receipt for it and holding the Indian responsible. We are also holding the superintendent responsible for the proper handlingof this fund. Mr. Burke. I understand, and, as I say, 9 out of 10 of your superintendents will not be able to protect the amounts that you allot to their reservations, in my opinion. Mr. Meritt. I am inclined to believe that the commissioner is going to insist on having superintendents who are able to handle these matters and produce results along industrial lines. Mr. BuitKE. The Commissioner of Indian Affairs can not make $5,000 or $10,000 men out of $1,700 or $1,800 men. That is the difficulty. I am quite in sympathy with your idea, but I doubt the wisdom of increasing this appropriation until you have had an oppor- tunity to demonstrate what you can do with the $100,000 that we have given you in this last act. Mr. Sells. Mr. Chairman, and Mr. Burke, I think perhaps the most gratifying experience I have had in connection with the per- formance of my duties has been the distribution of that .$100,000, where it seemed apparent it could be utilized to such advantage. I wish we had a detailed statement of the placing and manner of its distribution. The Chairman. How much of the $100,000 has been provided up to the present time ? Mr. Sells. All of it. Mr. Burke. Right at that point — you realize, Mr. Sells, it is unfor- tunate but true that you are obliged, in trying to teach savages how to become self-supporting as tiUers of the soil, to consider that they are located mostly in the arid and semiarid sections of the country, and every white man, with few exceptions, that has gone into those localities and tried to farm has walked out generally, and you are loaning money and encouraging these people along the fines of agri- culture where a white man can not succeed, and I am very much afraid that whatever is appropriated here we might just as well under- stand now as later that it is gone. INDIAN APPBOPKIATION BILL. 269 Mr. Sells. I appreciate your distinction, and that it is a proper conception, and that there is some doubt in the anticipation of its return. Mr. BuEKE. This is being urged on the theory, as has been stated, that it is not a gratuity, that it is reimbursable, but I have my grave doubts about it. Mr. Sells. This $15,000 seems to have been well handled, and almost fully returned by the Indians. Mr. Burke. Yes; but you handled that very conservatively. You did not use it all ev3n. Mr. Sells. Now, as an indication of how we are handling this 1100,000, I remarked in my opening statement concerning the Havasupai. There are about 180 of those Havasupai located in Arizona. They have about 400 acrss of cultivable land. We have recently asked that they be given greater opportunity. Quite recently we have apportioned $1,000 out of the reimbursable fund for the Havasupai. Within the last 30 days I made a change in the superintendent, transferring Mr. Symons, who had been there for some tim3, to Western Shoshone, and sent Dr. Taylor to Havasupai. Dr. Taylor is a good physician. Heretofore they have had no pny- sician. It is lamentaoly true that they have had no medical help. We have .jent a combination man there. Dr. Taylor has knowledge of industrial conditions; he understands agriculture; he is reputed to be a good physician, and his record is that he has been a successful one. We have appointed him superintendent and physician at Havasupai. Before doing so, we wrote him a loiig letter, and want into the whole situation; discussed with him what we have done there; the conditions as they exist; and what we feel can be accom- plished with the use of these proposed increased grazing privileges, and this $1,000 of the reimbursabh fund. We talked that all over with him by correspondence — said to him, "We belisve you can handle that situation and bring a larger degree of prosperity and happiness among the Havasupai." We said, "We do not want you to accept this superin tendency unless you have that conception; unless you feel you can accomplish these things, and will go to the Havasupai Indians and work out their problems. If so, we ask you to do it, and tender you our hearty cooperation and support." The Chairman. Do you not think you would have a hard time finding 100 men like that — combination men ? Mr. Sells. Yes; but on the larger reservations, of course, we do not want a combination man. Mr. Burke. I want to ask you if an Indian had received from this fund an amount for any purpose and he died before he repaid the amount, and he had an allotment, whether you could reimburse this fund from the sale of his allotment or not ? Mr. Meritt. The money would be under the control of the depart- ment, the proceeds from the sale of the land, and if the Indian owed the Government money advanced from this reimbursable item, we would have authority to reimburse that amount from his estate. Mr. Burke. It has recently been held that under the law that makes the allotment exempt from any debts contracted prior to the issuance of the patent, that the proceeds from the sale of that allot- ment could not oe applied to any debt that the Indian might hold to an individual, and I am wondering whether you could withhold it 270 INDIAN APPEOPEIATION BILL. for a debt that he might owe the United States. If you could not in the one case, I do not beheve you could in the other without authority of Congress. Mr. Meritt. I think because of the general jurisdiction of the Secretary of the Interior and the Commissioner of Indian Affairs over the funds and property of the Indian Mr. Burke (interposing). Then, you would go upon the theory that if the Secretary of the Interior believed that the Indian owed debts for which he had had full consideration, perhaps support and care to the extent of being fed and given medical attention, that the Secretary could authorize the payment of a bUl that he might owe at his death out of the proceeds of some allotment over which the Secretary has power as you indicate ? Mr. Meritt. Certeinl}^, if he had ; ny individual Indian money the Secretary would have that authority. Mr. Burke. But suppose he did not have fny individual Indian money, but the allotment was sold, then he would have some money which would go to his heirs. I t.hink the holding is that no debt contracted — that that money will not be li<^ble for my debt contracted prior to the issuance of his patent. Mr. Meritt. You understand, Mr. Burke, that it is the poHcy of the office to discourage Indians going into debt; that under the law restricted Indipn 1 nd is not subject to any deb*s made prior to the issiaance of the fee patent, but the proceeds from the sde of this land are under the jurisdiclion of the Secretary of the Interior, and where it is a clear cfse of just indebtedness incurred by the Indian prior to his df>rth, I think the Secretary of the Interior would have authority under existing h.w to pay that out of proceeds of the Indian's property. Mr. BuKKE. I quite agree wi'h you; but I have a letter from the office holding otherwise. Mr. Carter. Do you think th- 1 could be done in view of that Indian I nd ta.x case ^ Mr. Meritt. Th'^ Okl homa case, you mean? ^Ir. Carter. Yes. Mr. Meritt. The Five Civilized Tribes 1 :ws are entirely different from the 1 .ws governing Indians allotted elsewhere. Mr. Carter. We are not talking about vested rights of an Indian allottee. The difference comes in relation to the tribal matters and not so much with individual allotments. Of course, under .the Cher- okee case, the department had plenary power, almost, to do as it sees fit with tribal property" of an Indian, and in fact under these decisions it is doubtful if there is any such thing as vested rights in any tribal property. But when the land becomes allotted and the Indian re- ceives even a trust patent for it, as many of our Indians have received, then rishts become vested, I think, under those decisions. Mr. Meritt. That is a very important decision. It exempts cer- tain lands allotted Indians of Five Tribes from taxation by the State of Oklahoma. Mr. Carter. It was the first thing that had ever defined an Indian's vested light in allotted land. All of the decisions in the past had dealt more with the tribal property and land before it was allotted than with the individual case of the Indian after an allotment. INDIAN APPEOPKIATION BILL. 271 Mr. Mekitt. That decision, you remember, was based on a provi- sion in the Atoka agreement. Mr. Carter. Yes. It is almost on a parallel with what we are speaking of now. The decision held that land could not be subject to an obligation, which obligation was taxation, that it could not be made subject to an obligation not in consonance with the allotment laws and the treaties made. Now, then, you have a cas^ here some- what parallel, in that you provide that the Indian's allotment shall not be held liable to any obligation made prior to the time of the expiration of his trust, which is a very parallel case, it seems to me. Mr. Meritt. I think you will find that the Secretary of the Interior would have authority to reimburse the Government out of the pro- ceeds of the estate of the Indian for funds advanced under this pro- posed law. Mr. Carter. Notwithstanding that the Indian's patent provided that the land should not be held subject to any liaoilities incurred prior- to the expiration of the trust period ? Mr. Meritt. The Indian, of course, would have other property besides the land. Mr. Carter. But Mr. Burke was speaking of the thing in there being subject to the allotment. Mr. Burke. Yes, I am inclined to the opinion that as to the allot- ment of the Indian the proceeds would be exempt from any obliga- tion, but the question I put up to the office went further than that, as to whether or not the proceeds received from the sale of inherited land that belonged to the decedent, which had not been disposed of in his lifetime as to whether that would have to go to his heirs, or might be used for payment of obligations he may have owed. Mr. Carter. I think that would depend largely on whether the obUgation was created prior to the expiration of the trust period. Mr. Burke. Well, I think that if an Indian died owing anything to the United States, the United States could be reimbursed. Mr. Meritt. I believe the United States can be reimbursed under authority of the Secretary of the Interior and the Commissioner of Indian Affairs, and I think it is much better to make a reimbursable appropriation, rather than to make a gratuity appropriation, as w© have done before. The Chairman. I would like to ask one question there. I see on page 24 of the biU : For support and civilization of Indians in Arizona and New Mexico, including pay of employees, $330,000. Now, was it not the inte;ntion that this money could be used for the very purpose that this special appropriation is to be used for, for the purpose of promoting industry among the Indians ? Would that not authorize you to buy supplies for them ? Mr. Meritt. That appropriation, Mr. Chairman, cares for the agency and other Indian activities in those two States and we have very little left out of that appropriation for industrial work. Mr. Burke. A good deal of that is used for subsistence, is it not ? Mr. Meritt. Yes, sir. The Chairman. The statement that you have made here shows that a great deal of that is used for this purpose. If you had a special fund, could you not use part of this fund for that purpose ? .2?2 INDIAN APPEOPEIATION BILL. Mr. Meeitt. No; for the reason that now this fund is almost inade- quate to carry on the work that is carried on under this item. As you will see by the justification we have to spread that appropriation out over a very large territory. The Chaieman. That is used for a different purpose, then ? Mr. Meeitt. Yes, sir. The Chaieman. We will adjourn now until to-morrow morning at 10 o'clock. Mr. Caetee. What is the next item ? Mr. Meeitt. The next item reads: That the Secretary of the Treasury ie hereby authorized to pay, out of any moneys in the Treasury not otherwise appropriated, the sum of $5,000 to Mrs. Robert Leo Bowman, widow of Robert Leo Bowman, late deputy special officer for the suppres- sion of the liquor traffic among Indians, who was killed while in the performance of his duty. We offer for the record the following justification: Based on tlie decision of the Circuit Court of Appeals in the case of the Express Company r. Friedman (191 Fed., 673), determining certain questions invo'lving the shipment of liquor into Oklahoma, an active campaign was waged in order to protect the Indians in that section. Information was received that a caravan with liquor was bound for Oklahoma, and Officers Bowman and Mayfield intercepted the same and, under the pro\-isioiis of section 2140 of the Revised Statutes, set about 10 destroy the liquor. Two wagonloads had been destroyed and the greater part of the third, when Officer Mayfield went over to the fourth. An automobile came from the direction of Caney at a rapid rate of speed, set the emergency brakes directly opposite the wagon upon which Mr. Bowman was standing and opened fire with a shotgun. Mr. Bowman was in a stooping position and never knew what took place, death Ijeing instantaneous. This occurred on September 19, 1912. Mr. Bowman was a man 40 years of age and left surviving him his widow and three children — a boy of 14 years, one girl of 8 years, and a baby of 15 months. Mrs Bow- man has loeen tendered a position in our service, but, due to the fact that she is just now recovering from typhoid fever and her balsy has been taken down with it, she has been unable to enter on duty. This officer lost his life in the line of duty, and it is but fair and just that his widow and family be compensated in some measure for the loss of the support of the husband and father. We have several very worthy claims in the bill and have them here together. This is one of them. Mrs. Bowman's husband was killed while in the performance of his duty as a special liquor officer. These officers endanger their lives in the performance of their work, and when they are killed we think it oiuy fair to the family that they receive some monetary consideration. The Chaieman. What is the next item ? Mr. Meritt. The next item reads : The Secretary of the Treasury is hereby authorized and directed to pay, out of any moneys in the Treasury not otherwise appropriated, the sum of $5,000 to Mrs, May Stanley, widow of Will H, Stanley, late superintendent of the Soboba Indian School in California, who lost his life in the discharge of his duty. Also to pay for medical and other necessary expenses, including funeral and administration expenses incurred in connection with the death of said Will H. Stanley and the shooting of Selso Serrano, Indian policeman, $1,()00, or so much thereof as may be necessary. We offer for the record the following justification: Mr. Will H. Stanley, superintendent of the Soboba Indian School, Cal. , under whose jurisdiction was included the Cahuilla Indian Reservation, was, while in the per- formance of his duties, murdered by Indians on that reservation on May 2,_ 1912, nis death resulting from a gunshot wound in the body. Six Indians have since been convicted in the Federal court of second -degree murder, in connection with this case, and sentenced to 10 years each in McNeils Island Penitentiary. Mr. Stanley had been in the Indian service for 12 years, and his record was excel- lent. He left a widow and two children, a girl aged 9 years and a boy aged lo. INDIAN APPKOPEIATION BILL. 273 the girl being in delicate health. The widow is a frail delicate lady, and, though she has been appointed to a position as teacher in the Indian Service, it is ques- tionable whether her physical strength will be suiBcient to enable her to long continue to perform the duties of her position. At the time Superintendent Stanley was shot, Selso Serrano, an Indian policeman who had accompanied him, was also badly wounded. Medical aid was summoned for both the wounded men and an operation was performed upon Superintendent Stanley in the hope of saving his life. As stated herein, the superintendent died from the effects of his wound and was buried. Being a bonded officer of the Gov- ernment, it was necessary that letters of administration be taken out on Mr. Stanley's estate in order to legally wind up his accounts with the Government. There were no applicable funds available for these very necessary expenses, amounting in the aggregate to about $1,000, hence it is necessary to make provision in this item for their payment. The Chairman. What is the next item ? ilr. Meritt. The next item reads: To pay to Charles E. McChesney, for salary and traveling and other necessary expenses incurred by him under instructions from the Commissioner of Indian Affairs, $315.81. The following justification is offered for the record: On May 6, 1911, Charles E. McChesney, special Indian agent, was appointed super- intendent of the Pueblo day schools, with headquarters at Espanola, at a salary of $2,000 a year, with actual necessary traveling expenses, including sleeping-car fare and incidentals and a per diem of $3 in lieu of subsistence when actually employed on duty in the field. He entered on duty in this position on June 1, 1911. On October 28, 1911, the Indian Office advised Mr. McChesney that a recommenda- tion was made to the Secretary of the Interior for placing the Pueblo schools, und*er his jurisdiction, under the jurisdiction of the superintendent of the Santa Fe school, and, after his successor had receipted to him, instructed him to report to the Indian Office at Washington. Mr. McChesney's successor receipted to him for the property, etc., belonging to the Pueblo day schools on February 11, 1912, and he proceeded immediately to the In- dian Office at Washington in accordance with instructions given him in said letter. Upon his arrival, the Commissioner of Indian Affairs instructed him to render what- ever assistance he could in the Office of Indian Affairs pending his assignment to permanent duty. On March 9, 1912, he was appointed supervisor of Indian schools. On March 23, 1912, he submitted a claim to the Indian Office for expenses incurred in traveling from Santa Fe, N. Mex,, to Washington, D. C, and while awaiting orders in Washington, in the amount of $160.25. The claim was ap- proved by the Indian Office on April 12, 1912, and disallowed by the Auditor for the Interior Department on June 24, 1912. On July 24, 1912, an appeal from the decision of the Auditor was taken to the Comptroller of the Treasury. On August 12, 1912, the Comptroller of the Treasury confirmed the decision of the Auditor for the Interior Department. Mr. McChesney was carrying out the instructions of the Indian Office in reporting to Washington and in remaining here and in assisting in the work of the office until he was assigned to the duties of supervisor of Indian schools. Although acting under the instructions of the Indian Office he made no claim for salary from February 10, 1912, the date he was relieved as superintendent of the Pueblo day schools, to March 9, 1912, the date he entered on duty as supervisor of Indian schools. He included in the claim only his actual expenses from New Mexico to Washington, including sub- sistence while in Washington awaiting orders. Mr. McChesney is justly entitled to reimbursement for this expenditure. The Chairman. What is the next item ? Mr. Meritt. The next item reads: To reimburse the widow of George A. Miller, for expenses incurred by him in de- fense of a suit arising out of his operations as a special officer engaged m the suppression of the liquor traffic among Indians, |200, or so much thereof as may be necessary. The following justification is offered for the record: In August, 1911, Special Officer George A. Miller, in connection with his operations in Montana, found it necessary to shoot another in self-defense. Both civil and criminal actions were instituted against the officer, and in defense thereof certain 24455—14 18 274 INDIAN APPEOPEIATION BILL. expenses were incurred. The United States attorney represented the officer, but the expenses could not be borne by the United States, although the suits arose out of the official acts of the officer. The Comptroller of the Treasury has held that there are no Federal funds available to meet these expenses. During a portion of Mr. Miller's service he was in financial difficulty because of the illness of his wife, and when he died a short time ago he left his family withoiit means. The intent of the item is to reimburse the estate for the amount expended by Mr. Miller, both as a matter of justice and to assist the widow. The Chairman. What is the next item ? Mr. Meritt. The next item reads: The Secretary of the Treasury is hereby authorized to pay to Omer D. Lewis, lease clerk at the Flathead Indian Agency, Mont., the sum of $2,573.25 for the purpose of reimbursing him for expenses incurred for hospital and doctor's fees paid and serious personal injuries received while aiding Federal officers engaged in suppress-! ing the sale of liquor to Indians, the same to be immediately available. The following justification is offered for the record: In May, 1911, Mr. Lewis, lease clerk at the Flathead Agency, was directed by his superintendent to meet a certain train in order to ascertain whether any liquor was to be introduced into the reservation in violation of the Federal statutes on the sub- ject. While in the act of searching the person of one John Buckingham, Mr. Lewis was assaulted with a knife. It was necessary to take him to a hospital at Missoula', Mont., that he might receive the best of care and treatment, the expenses of which were $73.25, borne by Mr. Lewis. Mr. Lewis was wounded in the throat, and as a result thereof will probably never be able to speak above a whisper. This is a serious handicap and it is but right and just that Mr. Lewis should be compensated therefor. The estimate of $2,500 is not considered excessive for reimbursement. Mr. Meritt. The next item reads as follows : Sec. 2. For support and civilization of Indians in Arizona and New Mexico, includ- ing pay of employees, $330,000. We offer for the record the following justification in support af this item: . Sri.pporl of Indiuns in -i-rizona and Net'' Mcjico. Fiscal year ending June 30, 1914, amount appropriated .f330, 000. 00 Fiscal year ended June 30, 1913: Amount appropriated. ,, 330, 000. 00 Amount expended 309, 599. 77 Unexpended halancp 20, 100. 23 \N/VL\.S1S ;■]- EXncVDITUKES. Salaries, uages, etc 151,251.76 Traveling expenses 5, 828. 45 Transportation of supplies 647. 40 Telegraph and telephone service 553 34 Heat, light, and power (.service) 90. 05 Miscellaneous material ' 9, 933. 98 Stationer\' 24. 85 Fuel 7, 323. 26 Mechanics' supplies 699. 99 Cleaning and toilet supplies " 424. 66 Wearing apparel 667 25 Forage 17, 730. 16 Provisions 19^ 581. 71 Equipment 79, 322. 10 Printing and ad 7ertising .. 73.74 Medical supplies '. . 6,623.92 Sheep dip ' " ' 6 36b. 00 Laud ..'..'..'.'.'.'.'.. 180. 00 Migcellane;-.u.'i ' 2, 278. 17 Total 309 599. 77 INDIAK APPBOPRIATION BILL. 275 The amount asked for is the same as that granted in previous years. There are 22 superintendencies in these two States which share in this fund, with a total land area of 21,808,437 acres, and a total Indian population estimated at 63,230, divided as follows: Supevintendenoy. Salt River Colorado River. . Camp Verde FortMojave Jicarilla Ifescalero Havasupai Kaibab Pima Fort Apache San Carlos SanXavier Area. Popu- lation. Acres. 71,691 1.214 240,640 486 419 820 31,328 761,112 669 474. 240 629 618 171 138,240 93 367, 351 6.096 1,681,920 2,397 1,834,240 2,362 155,954 4,907 • Superin tendency. Truxton Canyon . . Moqui ". Navajo Lcupp Pueblo Bonito San Juan Western Navajo. . Pueblos; Santa Fe Albuquerque. Zuni Area. Acres. 730, 880 2, 472, 320 11,861,034 334, 048 436, 212 215, 040 Popu- lation. 482 4,108 10,000 1,400 2,685 8,000 6,650 3, 473 4,653 1,616 It will be noted that these Indians are scattered over a wide expanse of territory and they are largely engaged in stock raising. Though some of them reside in villages and till the soil a large per centage are nomadic and travel over the country where pasturage may best be found for their floclcs. To assist them in this industry, a large sum has been expended for the purchase of stock, which has been issued to some of the Indians in order to assist in placing them on a self-sustaining basis. It will be necessary to continue to furnish other Indians with stock. Many of the Indiana in these States have their lands under irrigation and farm with cansiderable success, and the experiments made on some of the school farms have been of incalculable benefit to this section of the country in general. As those Indians who are trying to farm their lands do so with the crudest kind of farming implements, they should be furnished with modem implements and tools. 1 It is estimated that this appropriation will be expended approximately as follows: Salaries ". $150, 000 Traveling expenses 7, 000 Subsistence of Indians 38, 000 iEquipment and stock 85, 000 Transportation of supplies 20, 000 -Forage and fuel 30,000 Total 330, 000 The amount asked for is as low an estimate as cau be made for the necessities required by the Indians of Arizona and New Mexico. i!7(j INDIAN APPKOPKIATION BILL. SUPPORT OF INDIANS IN ARIZONA AND NEW MEXICO. The following statistical table will show in brief the population and area withii these two States available for Indian use: ARIZONA. Reservation. Indians. Allotted. Unal- lotted. Total. Area (acres). Allotted. Unal- lotted. Total. Camp McDowell. Camp Verde Colorado River. . . Fort Apache FortMojave Gila Bend Gila River Havasupai Hopi ^Moqui) Kiabao Navajoi Papago Salt River San Carlos Walapai 60 291 216 417 506 ,351 844 169 068 289- ,871 ,855 952 ,353 483 216 417 506 2,361 844 169 4,068 289 10,931 6,146 962 2,353 24,971 24,971 9,600 41,606 240,640 1,681,920 31,328 10,231 358,789 618 2,472,320 138,240 9,433,114 136,319 46,720 1,834,240 730,880 1,681^120 31,328 10,231 2,472,320 138,240 9,442,714 177,926 46,720 1,834,240 Total - 34,070 34, 421 61,206 17,140,230 17,191,4! NEW MEXICO. 797 52 452 9,472 6,706 367 849 462 11,476 6,706 367 354,294 407,300 474,240 2,257,920 1,008,346 138,240 761,594 474 240 Mescalero Navajo ^ 2,004 319, 303 2,577,283 Pueblo Ute Southern 3 . . 138 240 Total 2,801 17,049 19,850 673,657 4,286,046 4,959,703 ' Partly in Utah and New Mexico. 2 Partly in Arizona and Utah. 5 Partly in Colorado. The Chaieman. I see you have changed the language there by in- sertmg "mcluding pay of employees." Does that run through all of these appropriations for civilization and support ? Mr. Meritt. Yes, sir. The question was raised before the Senate Indian Committee last year regarding these support items. They are used largely to pay salaries of employees at the agencies, and in order that there might not be any question about it and in order that Congress might have full information we thought it advisable to include in each of these support items this language, "including pay of employees." The Chairman. I see the justification is that these salaries amount to $150,000 out of the $330,000. Is not that quite a large amount for salaries only for the civilization and support of Indians ? Mr. Meritt. That seems a large amount for salaries, but these employees are used to help these Indians in their industrial work. The Chairman. You also expended some for the purchase of stock, etc. It seems that they have used almost as much for salaries as for all other purposes. Will you please give us a full statement in regard to the number of employees you have and the salaries they draw under this item ? INDIAN APPBOPKIATION BILL. Mr. Meritt. The information is as follows: CAMP VERDE, ARIZ. 277 Num- ber. Position. Rate of pay. Total. Payable from— , 1 WhUe. S480 120 $480 720 Support of Indians in Arizona and New Mexico, 1914. Pay of Indian police, 1914. 3 Miscellaneous. Privates COLORADO RIVER, ARIZ. 1 White. Clerk $1,200 900 1,200 1,000 200 -200 200 540 480 300 240 540 900 720 145 1.30 175 $1,200 900 1,200 1,000 1 do 1 Physician 1 Indian. Herder 4,300 Support of Indians in Arizona and New Mexico, 1914. 1 200 200 200 540 480 300 240 540 1 1 Teamster 1 1 do 1 do 1 do 1 Blacksmith. . Miscellaneous. Farmer . . . ' 2,700 Do. 1 900 720 1 Field matron Chief ol police 1,620 Industrial work and care of timber,1914. 1 540 360 1 Private Forest guards, 6 months •>. 900 900 Pay of Indian police, 1914. Industrial work and care of timber,1914. FORT APACHK, ARIZ. n-hUe. Clerk 81,200 1.000 900 1,100 800 720 720 780 i,400 1,000 840 800 720 .51,000 1,000 900 1,100 800 720 720 Support of Indians in Arlzotia New Mexico, 1914 Indian moneys, proceeds of labor, ApachP Indians. Issue clerk ... Physician Wheelwright Farmers 6. 240 and ? 1,500 1.400 1,000 840 800 .5,600 1,440 1 1 Superintendent of live stock Stockman 1 do 1 Sawyer 7. Team*:ters 7.040 fort I Per month. 278 INDIAN APPKOPBIATION BILL. FOET APACHE, ARIZ.— Continued. Num- ber. Position. Rate of pay. Total. Payable from— Indian. $600 480 440 360 360 360 480 360 1,200 84 125 120 2 1,300 900 600 720 $600 480 440 360 360 1,080 1 Blaoksmith I 1 3 3,320 Support of Indians in Arizona and New Mexico, 1914. * I 480 360 1 do Miscellaneous. 1 840 1,200 168 Indian moneys, proceeds of labor. Fort Apache Indians. Industrial worl£ and care of timber, 1914, 2 Pay of judges, Indian Courts, 1914. Chief of Dolice 1 300 2,160 9 Privates 2,460 Pay of Indian police, 1914. X 1,300 Industrial work and care of timber, I'9U, 2 1,800 1,500 3 1 3,300 720 Indian moneys, proceeds of labor, Tort Apache Indians. 4,020 Do. FORT MOIAVE, ARIZ 1 WhUe. Physician $1,400 780 720 1,000- 300 130 120 $1,400 Support of Indians ta Arizona and New Mexico, 1914. Indian. Blaclcsmith . . . 1 780 720 1 Laborer Miscellaneous. Farmer 1,S00 Do. 1 1,000 . 300 1 Chief of police 1,300 Industrial work and care of timber, 19U. 1 360 480 2 840 Pay of Indian police, 1914. JICARILLA, N. MEX. White. Clerk Financial clerk Physician Blacksmith Carpenter do Sawyer and engineer Superintendent of live stock . Laborer. $1, 100 $1, 100 600 600 1,200 1,200 780 780 780 780 840 840 900 900 900 720 900 7,100 720 Support of Indians in Arizona Jd New Mexico, 1914. , Indian moneys, proceeds ol ™i»i JicariUa Indians. 1 Per month. 2 And actual necessary traveling expenses, including sleeping-car fare, incidentals, and subsistence ' actually employed on duty off the reservation, not exceeding $200 to be expended for this purpose. , INDIAN APPKOPEIATION BILL. JICAEILLA, N. MEX.— Continued. 279 Niim- ber. Position. Bate of pay. Total. Payable from— 2 Indian. $240 400 600 300 180 900 720 180 130 120 M,300 900 160 900 $480 400 600 1,200 180 1 Stableman 1 Teamster 4 Laborers . . 1 Miscdlaneouji, 2,860 Support of Indians in Arizona 'and New Mexico, 1914. 1 900 720 180 1 Field matron 1 Chief of police. 1,800 Industrial work and care of timber,1914. 1 360 1,920 8 2,280 Pay of Indian police, 1914. 1 1,300 1,800 1,500 2 Forest guards 5 Forest guards (6 months) Forest guard . 1 4,600 900 Industrial work and care of timber, 1914. Expense account, tie making. KAIBAB, ARIZ. Fanner. White. Judge.. - Private. MiscellaTieous. $900 84 120 $900 84 240 Support of Indians in Arizona and New Mexico, 1914. Pay of judges, Indian courts, 1914. Pay of Indian police, 1914. LEUPP, ARIZ. White. Clerk $1,000 720 1,200 900 720 720 540 300 900 300 84 125 120 $1,000 720 1,200 900 720 720 540 300 Financial clerk. J Fanner. . Carpenter. . do.... Miscellane30 1,000 175 360 SI, 200 900 1,500 340 900 840 1,000 720 1,000 900 .do Physician . . . Blacksmitli and wheelwright Sawyer and farmer ... Electrician .... One-half for Indian school sunnort 1914, ' Superintendent of live stock. . . Carpenter . . * Miscellaneous. Farmer 9,800 Support of Indians in Arizona and New Mexico, 1914. 900 780 do 1,680 Industrialworkandcareoft'imber,19H. 480 2,620 Privates 3,000 Pay of Indian police, 1914. 1,000 450 Forest guard, 6 months . . . Indian laborers 2 1,450 720 Industrial work and care of timber, 1914. Indian moneys, proceeds of labor, Mescalero Indians. MOQUI, AEIZ. 1 White. Clerk $1,200 900 900 1,300 1.100 1,000 900 840 1,000 480 120 300 900 1,200 840 780 660 150 84 81,200 900 900 1,300 1,100 1,000 900 840 1,000 1 do 1 1 Stenographer and typewriter Physician 1 1 do 1 1 Blacksmith . . . 1 iTidian. Laborer and acting interpreter 9,140 Support of Indians in Arizona and New Mexico, 1914. 1 1 .480 120 300 1 Laborer and acting interpreter Miscellaneous. Farmer 900 Do. 1 900 1,200 1,680 780 660 300 5,520 252 1 Superintendent of live stock 2 Field matrons 1 Field matron 1 do 2 Assistant field matrons . 3 Industrial work and care of timber,1914. Pay of judges, Indian courts, 1914. Chief of police . . 1 '30 ' 25 120 360 300 . 1,440 1 do'. 6 Privates 2,100 Pay of Indian police, 1914. • Per month. INDIAN APPBOPKIATION BILL. NAVA,IO, ARIZONA AND NEW MEXICO. 281 Num- ber. Position. Rate of pay. Total. Payable from— Clerk SI, 200 1,000 fiOO 1,000 1,000 780 -,89 780 840 000 840 eno 540 000 420 180 540 .160 1,000 900 900 720 .300 84 1 2R 120 M,400 1.50 Jl,200 1,000 600 I, 600 1,000 780 780 780 840 600 840 600 540 do Financial clerk Pliysician ....:do Farmer Blacksmith Carpenter Sawver Laborer Nurse Cook Laborer Indian. 11,160 Support of Indians in Arizona and New- Mexico, 1914. 1 600 420 180 1,080 1,800 1 Engineer 1 2 Laborers do Miscellaneous. Farmer Farmers 4,080 Do. 1 3 1,000 2,700 900 720 300 1 1 .-Field matron 1 do 2 .5,620 K8 Industrial work and care of tim bor , 1914. Paj' of judges, Indian courts, 1914. Chief of police ,. .. 1 300 2,160 9 Deputy supervisor of forests 2, 460 Pay of Indian police, 1914, 1 1,400 900 3 2,300 Industrial work and care of timber, 1914 . PIMA, ARIZ. WMie. Chief clerk Clerk Financial clerk Physician do Blacksmith Engineer Nurse Clerk, 2 months Indian. Assistant engineer ; Overseer, 5 months Stableman Laborer Laborer and acting interpreter. 1 Overseer, 2 months - $1,500.00 1,000.00 1,000.00 1,200.00 660.00 780.00 900.00 720. 00 83.33 660. 00 1 76. 00 540. 00 540. 00 720.00 175.00 SI, 500. 00 1,000.00 1,000.00 1,200.00 660. 00 780.00 900.00 720. 00 166. 66 7, 926. 66 660. 00 375. 00 540. 00 540. 00 720. 00 2,835.00 - 150.00 Support of Indians in Arizona and New Mexico, 1914. Do. Indian moneys, proceeds of labor, Pima Indians. ' Per month. , , j ^ . ^ . ' And actual necessary traveling expenses, including sle?,ping-cav fare, incidentals, and subsistence when actually employed on duty off the reservation, not e.xce make their living largely from this industry. Mr. Burke. Is any part of this amount expended for salaries and wages, do you know, paid to the Indians ? J86 INDIAN APPROPRIATION BILL. Mr. Meritt. Yes, sir. Mr. Burke. The policy of the Government, as I understand it, is }o furnish employment to the Indians and pay them, rather than io issue them rations, and I would like to know whether any part of ihis item, $151,000 is paid to Indians instead of giving them rations? Mr. Meritt. Part of that fund is paid to Indians — we can get this imount. Mr. Burke. I think we ought to have a statement of that, and ilso the item of equipment. Mr. Meritt. The analysis of the equipment item is given in con- lection with your previous request. The statement with reference ;o the employment of Indians is as follows : The amounts paid to Indians for labor in lieu of rations can not be ascertained rom the records without making a detailed examination of all accounts and vouchera )aid from this appropriation. However, it may be stated that of the $151,000 shown ,0 have been expended for salaries and wages of employees, $46,702.20 was used for he employment of Indians. Mr. Burke. Mr. Meritt, you had an unexpended balance of 120,400. I would like to ask you if it would not be possible to reduce ^his amount somewhat. Mr. Meritt. That unexpended balance, Mr. Burke, as shown by the malysis does not represent the true unexpended balance. That was he amount on hand on the 1st of October. There were certain jharges against that appropriation which it will be necessary to Day to oomplete the quarter. This appropriation is very much leeded. That is the support fund for all of the agencies of Arizona md New Mexico. The Indians of the Southwest have not in the jast been getting their share of the gratuity appropriations, and ihose Indians are in serious need of proper equipment at this time. They are using the crudest possible farming implements now in en- leavoring to begin farming operations. Mr. Burke. I think we ought to have some information as to who Saeaton pumping project only. 298 ' INDIAN APPBOPBIATION BILL. GILA RIVER KESEBVATIOX, AEIZ. Total area of reservation, 75 square miles. Projects — Sacatou. Location and climatic conditions. — County, Pinal; townships and ranges, Ts. 3 and 4 S., Rs. 5 and 6 E., G. & S. R. B. & M.; railroads on or adjacent, Southern Pacific; railroad stations, Florence; average elevation irrigable are'a, 1,250 feet; average rain- fall irrigable area, 12 inches; average rainfall watershed, 15 inches; range of temper- ature on irrigable aiea, 10° to 110° Water supply. — Source of supply, wells and Gila River; area of drainage basins, 18,000 square miles. Summary of results. — Canal miles, capacity less than 50 second-feet, 10; number of canal structures, exclusive of dams and tunnels but including bridges, culverts, pipes, flumes, costing from §100 to $500 each, wood, 1; costing less than ?100 each, wood, 34. Pipe— Metal, feet laid, 100; cost, $93.61. Flumes. -A\oo(\, number, 29; cost, $349.39. Buildings. — Number of pumping stations, 1; cost, $1,420.45. FeHs.— Number, 8. Iirigabh lands. — Estimated area of completed project in acres, 6,651. The work upon this project has been carried on bythe Reclamation Service. A canal with its necessary structures and eight wells with pumping machinery, elec- trically driven from power developed on the Salt River project, had been practically completed when the Indians became dissatisfied and created so much trouble that the work ceased. During March, 1913, the Indian Irrigation Service, took over the work, and the Indians, while not quite satisfied, have become reconciled and have worked upon the plant and raised crops. CONSTRUCTION . The canal and structures had been injured by floods and it was necessary to repair the Btructm-es and clean out and repair the canal. It was also necessary to construct new laterals and sublaterals, with the usual small structures and to put the plant in condition. The wells have also required some attention. It was also found advisable to use the services of two of the superintend- ents of irrigation in order to get the work under headway as soon as possible and keep it going in order to accomplish something and gain and keep the confidence of the Indians. The work has been pushed as hard as conditions would allow and the results accom- plished in such a short time are quite satisfactory from a construction standpoint. IREIQATION AND FARMING. The objection to the use of well water is not as great as it was, and the success with it during the present year will undoubtedly aid in further development. The land is well adapted to the cultivation of Egyptian cotton, and it now looks as if this crop alone could be grown and make the Indians who have water for their land very successful. Other crops grow well, and the Indian can make a great success if he will only use the means at his command. The water question is by no means settled, for so far very few Indians have water for their lands. The question of the Indians right to water of the Gila, now diverted and used by others, is still a large one and must be settled at no distant time, or what rights they now have may expire. These Indians have undoubtedly used the waters of the Gila for many years, perhaps centuries, and their just rights should be protected. LITTLE GILA. The Little Gila is evidently an ancient Indian canal and has been in use since the Indians have been wards of the Government. For the past few years it has not beenm use and other ditch rights have interf erred. It was a matter of some diplomacy to get unanimous consent to again open and use it. It was thought necessary to use it botn because the Indians needed the water for irrigation purposes and because it was a link holding intact the Indians' right to use the waters for irrigation purposes. INDIAN APPBOPEIATION BILL. 299 CONSTRUCTION. A new head gate was built and the canal cleaned out. It was also necessary to change the location of some small individual Indian ditches. The work was difficult, as the material was wet, and much of it had to be removed with shovels, and labor Was scarce. It was finally necessary to get Indian boys from the Phoenix Indian School for laborers. They worked quite willingly, but awkwardly, and made the cost higher than it would have been with more skilled labor. As the ditch has been closed for some time, farming under it disappeared, and it will be necessary to open up again almost as if it was a new project. The Pima Indians, comprising some 6,000 in number, reside on the Gila River, Salt River, and Gila Bend Reservations, Ariz., all of which were created by executive order, there being no authority to dispose of surplus lands under existing law other than by restoration to the public domain. The combined area of the three reservations approximates 323,000 acref. Allotments have been made to 804 Indians of the Salt River Reservation, covering 24,403 acres. No other Indians of these reservations have received approved allotments, but an allotting agent is now on the Gila River Reservation allotting irrigable lands under the San tan Canal. Mr. Schanck has been on this reservation very recently and is thoroughly familiar with the conditions there, and he will be glad to give you any additional information you desire. Mr. Schanck. This item covers the expense of purchasing electric current from the Keclamation Service under an agreement covering the construction and operation of this project; the services of the operating engineer and his assistant, who have charge of the eight pumping plants at present in operating condition and the various power gates and other apparatus; the pay of the supervisor of ditches, the man who attends to the distribution of water; and for the repair and maintenance of the constructed canals and laterals and the pump- ing plants. There are nearly 4,500 acres under irrigation this past fiscal year; more than has ever been under irrigation before, and the Indians are rapidly putting the land under cultivation and will require a larger amount of power from the Reclamation Service and a more careful operation of the system. The laterals are being con- structed at present so that many times more work will have to be done than was done before, and the Indians are getting correspondingly larger returns. - The Chairman. Those wells are on the south side of the river « Mr. Schanck. On the north side of the river. The Chairman. And they are on what is known as the mesa '? Mr, Schanck. The wells are on the river bott6m. The Chairman. You have only one set of wells on the road letween Phoenix and Sacaton? Mr. Schanck. Yes, sir; only one set. Some of them are not more than 15 feet above the river "surface. It perhaps gives the effect of being a mesa, but it is bottom formation; that is, gravel and silt deposit of the river. The Chairman. I was there about 18 months ago, or less than that, and the ditches were washed out and in very bad condition at that time, and it would have been impossible for water to have run in those ditches. ,. , • Mr. Schanck. We have repaired all that and that ditch is now in operation. The Indian Service is now doing the construction work on the project that the Reclamation Service started. We repaired 300 INDIAN APPROPRIATION BILL. those structui'es that were washed out at an expense of about $700, and are rapidly constructing the laterals and the structures necessary in them to distribute the water from the canals, from the pumping plants, and from the large flood canal to each of the allotment units of 10 acres which the Indians are now receiving, or at least making their selections. The Chairman. They have not selected any at all yet, have they ? Mr. Schanck. They are beginning to right now. There is a special allotting agent there now, and they are beginning to select 'them. The Chairman. When I w: a there, there was not a single Indian on that side of the river using those wells. Mr. ScHAXCK. They are using them now. In fact, at one time this yef.r 898. 23 5, 621. 81 STATISTICS PAPAGOS, NOMADIC. Census 1913 (about) 5, 000 Present irrigable area, none. Irrigated area, none. Cultivated by Indians, none. Area under completed project, none. Cultivated by whites, none. Value of irrigated land, per acre $100. 00 Expended to June 30, 1913 2,902.52 Estimate for fiscal year 1915 5. 000. 00 Cost of completed project (not estimated). ^ These Indians, consisting of possibly 5,000 individuals, reside in the southern part of Pima County along the Mexican border. Water is very scarce, and on this account they are compelled to migrate from the valleys to the mountains and back in search of water for both stock and domestic use. They are an industrious people, and have done remarkably well under adverse conditions. White cattle men are now invading the countrv, and every effort should be made to give these people an adequate water supply to enable them to reside in one locality to protect their interests. _ It is estimated that about 5,000 Indians inhabit the country south of the bouthern Pacific Railway and north of the Mexican boundary in the Stat« of Arizona. These Indians are nomadic; they have to move about, for the country is arid and the entire 304 INDIAN APPKOPBIATION BILL. area needed to eke out an existence. They have had but little aid of any kind froir the Government and even now it is uncertain how to benefit them best. That the land should be reserved for them and that a better stock and domestic supply of water should be provided seems evident. As to irrigation, it seems they have their own methods which are as good or better than the white man has devised. They raise some crops and exist and it is doubtful whether any white man could do the same under the same conditions. Surveys were begun during the last fi?cal year, continued through this, and are still not complete. A full report has been made upon a portion of the area and it may be possible to aid the Indian some, but care must be exercised lest more harm than good be done. Some little work was done during the year toward a better stock and domestic water supply and during the next year this will be continued. The population of the Papago tribe numbers about 6,000, living mainly on th6 public domain in Pima and Pinal Counties, Ariz., southwest of Tucson. A reserva- tion was created for one village of the Pima Indians by Executive Order of July 1, 1874, within which 41,606 acres have been allotted to 291 Indians, the residue, 27,583 acres, being unallotted. Approximately 100 000 acres have been withdrawn by Executive Order for the benefit of other Papago villages within which no allottments have yet been made and for which there is no authority to dispose of the surplus other than restora- tion to the public domain by Executive Order. The Chairman. There is no change in the language or the amount ? Mr. Meritt. No, sir. The Chairman. How much of that amount was expended during the last year ? Mr. Meritt. For the fiscal year ending June 30, 1913, the record shows an unexpended balance of $621.81. Mr. ScHANCK. During the present fiscal year we purchased a well- driUing rig, and I presume it is down there by this time, for the purpose of drilling wells wherever it seems possible to get water for stock pur- poses. The expenditure of money for the fiscal year 1913 consists partly of the arrangement of their "tanks" — which is the name giveij to the reservoirs wiich the Indians construct of dirt to receive flood waters — so the stock can be watered without driving them into the water. We expect to continue that work and also to continue the drilling of weUs. The Chairman. Have they drilled any wells out of this appro- priation heretofore ? Mr. ScHANCK. No, sir. We purchased the well rig out of the appropriation for 1914. The Chairman. About how many of these nomadic Indians live in Mexico and travel across the line ? Mr. Schanck. I do not know how many there are. We make every effort to deny aid to any of those who belong to Mexico. The allotting agents and the irrigation people always question the Indians very carefully as to where their homes are and between what rangeij they move, the idea being to limit aid entirely to those who may be justly called American Indians. The Chairman. Have you any rolls of those Indians? Do you know their names, their habitations, or the members of the families ? Mr. Schanck. As far as the allotment work has gone which was carried on under former acts, their names and all information with regard to them was carefully noted, but there are other villages, most of them we have only just seen and some there are doubtless we have never seen. There are villages 50 or 75 miles from any place which we have yet surveyed. As we reach each village in our invcsHgation we map it. This' [exhibiting] is a map of the vOlage of INDIAN APPEOPBIATION BILL. 305 Ko-Opke. That shows the area of the cultivated fields and the fenced fields. We make a census of the number of inhabitants as close as we can. This is done by the irrigation force. The Chairman. You have a specific appropriation for Ko-Opke ? Mr. Schanck. Yes, sir; we are asking for one. We ex:pect to extend this work over a large area. The Chairman. How do the Indians subsist ? Mr. Schanck. On the stock that they raise, and they have some- times small primitive systems of irrigation, and do farming. Of course, their living is precarious and sometim.es they nearly starve. They have developed a good many varieties of beans. Some will germinate and shrivel up in water in a few minutes. They begin to grow in a few hours after being wet. During a drought the plants will remain alive for several weeks or a month and grow again when rain or irrigation is available. Ihis improvement m plant lite shows their interest in agriculture. The University of Ai'izona is studying their problems, and think that we can learn something about dry farm- ing from the Indians. These Indians have no other means of earning a living, and the principal purpose of this appropriation is to furnish them water for their stock, as usually the surface water dries up. The Chairman. What kind of homes have they in the villages which you speak of? Mr. Schanck. They have their own houses The Chairman. How are they constructed ? Mr. Schanck. They are built sometimes of adobe brick, but mora frequently they use the brush-mat walls plastered on both sides — quite sanitary" houses. They learned this from the Mexicans, un- doubtedly. Usually the children are clean and as well clothed as you could expect under these conditions The Chairman. Are there any schools ? Mr. Schanck. None at all. I think there is to be one at Indian Oasis. Mr. Meritt. We have one in the course of preparation there. We are asking for a specific appropriation in this bill. The Chairman. From your knowledge of the Indians and the country, would it be practicable to have day schools on tliis ressrva- tion ? Mr Schanck. I think it would be. Perhaps not at once. They have never had any aid from the Government, and several times we have had a little trouble in this surveying work. But, undoubtedly, day schools would be preferable. I think, however, the first thmg would be these wells — so that they could stay in one place. As it is now, they have to leave a substantial village because there is no way to live. They have to go up in the mountains; they are nomadic only in that sense. They have to leave the village in order to make a living. . The Chairman. Do you think with this appropriation a sufficient amount of water could be developed so that they could have perma- nent homes ? Mr. Schanck. Yes, sir. The Chairman. And around these permanent settlements would there be a sufficient number to warrant the Government m puttmg in day schools ? 24455—14 20 306 INDIAN APPBOPEIATION BILL. Mr. ScHANCK. Yes, sir. Mr. Burke. How do you get the water? Mr. ScHANCK. The only idea we have so far is by drilling wells. There are wells now; some of them were constructed by the different mining projects, and the Indians are still around them. We know fairly crosely the depth of the water-bearing strata below the surface; that is, for a limited territory where we are likely to strike the water. Mr. BtiRKE. How deep ? Mr. ScHANCK. From 60 to 500 feet. There is one very fine well 500 feet deep. Mr. BuKKE. Has there been any actual construction of wells out of the appropriations made heretofore? , Mr. ScHANCK. No, sir. We bought the well rig, and probably just now one well is being drilled. Mr. BuKKE. Will you please explain what the distinction is between "niaterial" and "equipment"? Here is an item of material, $1,150.10, and an item of equipment of $1,820.23, and I notice in the analyses of these expenditures in other places that the word "equipment" is used as explaining a part of the expenditure and "material" the other part. How is that? Mr. ScHANCK. In reference to this item, in this particular instance the equipment would be the well rig or tools; and in connection with the material you have well casing, which would be used and consumed by the operation. Mr. Burke. Anything which was consumed in connection with the well would be material, and if it was the machine which bored the well it would be equipment ? Mr. ScHANCK. Yes, sir. The Chairman. What is the next item ? Mr. Meritt. The next item reads : For the construction of a bridge across the Moencopi Wash on the Western Navajo Indian Reservation, Arizona, $6,000, or so much tliereof as may be necessary, to b& immediately available and to remain available until expended. The following justification is offered for the record: The Indian school at Tuba, Ariz., which is the headquarters of the Western Navajo Keservation, is 90 miles from Flagstaff, Ariz., the nearest railroad, telegraph, and telephone station. It has only tri-wafckly mail service, the mail being carried oe horseback by Indians. A steel bridge was recently constructed across the Little Colorado River about 20 miles from the agency, but as the Moencopi Wash, 5 miles from the agency, rises so high at times as to be dangerous or impossible to ford, it becomes necessary to wait several days for this dangerous stream to subside, as horses have been drowned and lives lost several times in attempting to ford it. The Indian Ajjpropriation Act for the fiscal year 1914 contained an item providing for an investigation with respect to the necessity of constructing a bridge across the Moencopi AVash; also for surveys, plans, and an estimated limit cost for the construc- tion thereof, together with a report to Congress thereon. The investigation has been made and the report rendered, it being recommended that a bridge be constructed at a total cost of $6,000. This bridge will be on the main traveled road between Arizona and Utah, which is used for freighting by Indians of the entire Western Navajo Reservation. The Chairman. Have you anything special to say in regard to that item, Mr. Meritt, further than contained in your justification? Mr. Meritt. We have submitted to the Congress, in compliance with the provisions contained in the last appropriation act, a report INDIAN APPROPEIATION BILL. 307 on this proposed bridge, and I invite attention to that report, House Document No. 298. The Chairman. Is that a House report or a House document ? Mr. Mekitt. It is House Document No. 298. The Chairman. You are aw^are that this woukl l)c subject to a point of order ? Mr. Meritt. I doubt if it would be. 'Mr. Burke. Yes; it would be subject to a point of order. There are a whole lot of things, however, in here that are subject to a point of order. What act authorized that investigation, Mr. Meritt? Mr. Meritt. An item in the last Indian appropriation bill, which read as follows : The Secretary of the Interior is hereby authorized and directed to make an investi- gation of the conditions on the western Navajo Indian Reservation in Arizona, with respect to the necessity of constructing a bridge across the Moencopi Wash, on said reservation, and also to cause surveys, plans, and reports to be made, together with an estimated limit cost for the construction of a suitable bridge at that place, and submit his report thereon to Congress on the first Monday in December, 1913, and the sum of $1 ,000, or so much thereof as may be necessary, is hereby appropriated for the purpose herein authorized . Mr. Burke. Report has been made and transmitted to Congress and is House Document No. 298, Sixty-third Congress, second session ? Mr. Meritt. Yes, sir. The Chairman. What is the next item? Mr. Meritt. The next item reads: To enable the Secretary of the Interior to make an investigation of conditions in the vicinity of Sacaton, Ariz., near what is known as Pima Crossing, with respect to the necessity of constructing, for the use of the Indians, a bridge across the Gila River, $1,000, or as much thereof as is necessary, and the Secretary of the Interior is hereby authorized and directed to cause plans, surveys, and reports to be made, together with an estimated limit of cost of said bridge and to siibmit his report thereon to Congress on the first Monday in December, 1914. The following justification is offered for the record : The Gila River bisects the Pima Reservation and at the agency is approximately, one-half mile wide. The bed of the river is filled with quicksand, making it very dangerous for travel or stock, and the agency force is frequently called upon to assist in pulling vehicles out of the river where they have mired down in this quicksand. During flood periods it is frequently impossible to cross this river by team for weeks at a time. There are about 4,000 Indians living on the reservation, of which num- ber nearly 1,000 live across the river from the agency. There are nearly 2,000 other Indians under this superintendency not on the reservation, but living near thereto. The country adjacent to the reservation is fast filling up with white settlers, and traffic back and forth from one side of the river to the other is rapidly increasing, both as to whites and Indians. It is proposed to construct a bridge across the Gila River, and the appropriation asked for is for the purpose of investigating the necessity and feasibility of such a bridge; also to make surveys, plans, and estimates of the cost thereof. The Chairman. Mr. Meritt, have jou any statement to make in regard to this item outside of the justification ? Mr. Meritt. No, sir. Mr. Burke. Mr. Meritt, is this proposed bridge located within an Indian reservation ? Mr. Meritt. Yes, sir. Mr. Burke. Is it a bridge that would be used to accommodate a great many white people who want to get better facilities for getting mto some town than they have at present ? 308 INDIAM^ APPKOPEIATIOlSr BILL. Mr. Meritt. It would be helpful to the white people as well a; the Indians in that community. Mr. BuEKE. Is there any reason why it should be constructec entirely at governmental expense, or is it so located that it woulc be feasible to require a portion of the cost to be borne bj' the white people who would be benefited by it? Mr. Meritt. In view of the fact that the bridge is entirely on the reservation it would probably l;e better for a gratuity appropriation to be made. Mr. Burke. You state in your justification: "The countr}^ adja- cent to the reservation is fast filling up with white settlers, "fhe traffic back and forth from one side of the river to the other is rapidly increasing, both as to whites and Indians." You got along there for a good many years without any bridge, and now that the white people have gotten in there, there suddenly seems to be a demand to have a bridge in order that the Indians may be able to get across this river ? IVIr. Meritt. I think, Mr. Burke, it would be advisable to call for this report and we can then in-\-cstigate the feasibility of requiring white people to contribute their share toward the construction of the bridge. Mr. BuKKE. Do you know of anj- instance where we have author- ized a report and an investigation and estimated the cost that we have not afterwards appropriated the money for the bridge ? Mr. Meritt. No, sir; I do not. The Chairman. Mr. Meritt, have you ever been on this reservation at Sacaton ? Mr. Meritt. No, sir. The Chairman. Have any of the other gentlemen been there? Mr. Fry. I have. The Chairman. Is it not a fact that Sacaton is on the opposite side of the ri^'er from the wells that are supposed to furnish water to these Indians? , Mr. Fry. Yes, sir. The Chairman. And Sacaton is an agencj^ where there is a large boarding school ? Mr. Fry. Yes, sir. The Chairman. And where the main Indian population is? Mr. Fry. A good part of it; yes, sir. The Chairman. And would not this bridge, if built, between those points on this river be of great benefit to this tribe of Indians? Mr. Fry. It seems so to me. When we crossed there they pointed out the danger of making the crossing over the Gila Kiver on account of the quicksand bottom there. The driver, who hap- pened to be the carpenter on the reservation, told us while we were crossing on a sandy stretch in the morning that by evening the Gila River might be so high and the sand so loose that the wagon would sink down to its hubs and further. The Chairman. And then the agency and school and the town would be on one side of the river and the irrigable lands where the Indians would have to work would be on the opposite side of that river; is not that a fact? Mr. Fry. That is my understanding; yes, sir. The Chairman. It appears to me the bridge would be very bene- ficial ? INDIAN APPBOPMATION BILL. 309 Mr. Fry. Yes, sir. Mr. Burke. Since the Indians have begun to use automobiles, bridges are more in demand than formerly, are they not ? Mr. Fry. Yes, sir; meaning use of automobiles by the Indian Service. Mr. Hayden. The next item I wish to talk about is an appropria- tion of $1,000 on page 27 of the bill, to make an investigation in the vicinity of Sacaton, with respect to the necessity of constructing a bridge across the river there. Mr. Carter. I received a letter from a man down there the other day, and he said these Indians need that bridge very badly, and that there was a good deal of need for it for the white people, too. Mr. Hayden. I desire to inquire whether I am correctly informed that the commissioner has already directed Mr. Oldberg, who is the Indian Ofhce engineer in Los Angeles, to make this investigation ? Mr. Meritt. This investigation has not been completed. Mr. Haytjen. Mr. Oldbeig has been hi Sacaton. He told me that he was down there on other matters, but that he had looked into the cost of constructing this bridge. He said that he had an alternative plan which, if it does not cost too much money, it might be well for the committee to consider. A peimaneiit diversion dafli is needed at the head of the flood-water canal to take care of the water at all times. A reinforced-concrete dam should be built, and there would be a concrete apron below the dam. The water will pass over the dam on the level so that it will not be very deep on this apron. The In- dians could cross the river in that way at all seasons of the year. This would serve a double purpose, as a bridge and as a diversion dam, and should not be very expensive. If you have anything in the Indian Office on this proposition, I wish you would bring it up to the committee for the sake of information. Mr. Meritt. You understand, it has been the policy of the Indian Committees to require investigations and to submit reports to Con- gress on such matters ? Mr. Burke. In justification of the committees of Congress taking that position, I just want to refer to this sewer at Phoenix, where it was estimated that it would cost $15,000, and now we find it will cost $32,000. Mr. Meeitt. I think it is a wise precaution to get official reports before the construction of these bridges. The Chairman. What is the next item ? Mr. Meritt. The next item is, where we are asking for an appro- {)riation for continuing " the constructioir of necessary channels and aterals for the utilization of water in connection with the pumping plant for irrigation purposes on the Colorado Eiver Indian Reserva- tion, Ariz., as provided in the act of April 4, 1910, for the purpose of securing an appropriation of water for the irrigation of approximately 150,000 acres of land, and for maintaining and operating the pumping plant, $17,000," as compared with $25,000 last year. The Chairman. This sum is reimbursable ? Mr. Meritt. Yes, sir. The Chairman. What funds have these Indians ? Mr. Meritt. It is reimbursable out of the sale of surplus lands. We offer for the record the following justification. 310 INDIAN APPBOPBIATION BILL. Irrigation, Colorado River Reservation, Ariz, (reimbursable). Fiscal year ending June 30, 1914, amount appropriated $25, 000. 00 Fiscal year ended June 30, 1913: Amount appropriated 35, 000. 00 Amount expended 29, 490. 76 Unexpended balance 5, 509. 24 ANALYSIS OF EXPENDITURES. Salaries, wages, etc $21, 913. 63 Traveling expenses 423. 93 Transportation of supplies 49. 07 ^ Telegraph and telephone service .69" Material 5, 498. 77 Fuel 362. 23 Forage 240. 52 Equipment 1, 001. 92 29, 490 76 STATISTICS, COLORADO RIVER RESERVATION. Census, 1913, population 500 Present irrigable area^ _- acres. . 800 Irrigated area ' do. . . 450 Acres cultivated by Indians 450 Area under completed project acres. . 6, 000 Acres cultivated by whites None. Value of irrigated land per acre $200 Expended to June 30, 1913 (present project) ' $87, 512. 09 Estimate for fiscal year 1915 $17, 000. 00 Cost of completed project, estimated $100,000.00 This estimate is for the expense of operating the present iiTigation pumping plant and maintaining the canal system to supply about 5,000 acres which is covered by the present system. The plant will need fo be operated day and night, fuel oil pur- chased, the canal system patrolled, and such work as comes within the operation of an irrigation system. This estimate is a little higher than will ordinarily be the case on account of the fact that the system is new and will require more attention than when thoroughly settled and in good running order. Total area reservation, 485 square miles; tribes, Mojave and Chemehuevi; total census, 500. Project. — Colorado River Reservation irrigation system. Location and climatic conditions. — County, Yuma; townships and ranges, Ts. 5, 6, 7, 8, and 9 N., Rs. 20 and 21 W., G. & S. R. B. & M. ; railroads on or adjacent, Atrhi- son, Topeka & Santa Fe; railroad stations, Parker, Ariz.; market for product, mines and local; average elevation irrigable area, 340 feet; average elevation watershed,. 5,000 feet; average rainfall on irrigable area, 4 inches; average rainfall on watershed, 9 inches; range of temperature on irrigable area, 15° to 125°" Water supply. — Source of water supply, Colorado River; area of drainage basin in square miles, 180,000; annual run-off in acre-feet, 10,000,000. Summary of results. — Canal miles, with capacities in second-feet, from 50 to 250, 4^ miles; lees than 50, 21^ miles. Waste ditches and drains. — Number of canal structures, exclusive of dams and tun- nels, but including bridges, culverts, pipes, flumes, costing over $2,000 each, con- crete, 2; from $500 to $2,000 each, concrete, 3; from $100 to $500 each, concrete, 4; less than $100 each, wood, 18. Bridges, number, length less than 50 feet, 6; total length, feet, 132. Culverts, concrete, number, 2; length, 16 feet each; wood, num- ber, 4; length, 16 feet each; metal, number, 2; length 16 feet each. Pipe.— Concrete, feet laid, 540; cost, $270. Metal, feet laid, 6,000; cost, $2,365.05. Buildings. — Number of residences, 1; cost, $1,833; number of pumping stations, 1; cost, $10,598.52; machinery, cost, $21,415.18; total, $32,013.70. Transmission. — Material excavated, class 1, cubic yards, 142,865; cost, $22,840.78; riprap, square yards, 300; cost, $402.80. 1 Does not include 1107,740.48 spent on abandoned works. INDIAN APPKOPEIATION BILL. 311 Irrigable Zands— Estimated cost of completed project, 1100,000; estimated area for completed project in acres, 6,000; area; which can be supplied from constructed works without additional construction, 800; irrigated at present time by Indians, acres, 450; total cost of project to date, 187,512.09; total amount paid for labor, 140,808.95; Indian, $10,167.10; white, $30,641.85; average value of irrigated lands, $100. CONSTRUCTION. The construction work was carried on practically throughout the whole year. The pump house, settling basin, canal, headgates, and, in fact, all kinds of work in con- nection with the system, was carried on as rapidly as possible. This project is in a very hot country, yet both climate and soil are adapted to a very high state of agri- culture when water for irrigation is available. The lands, when under an irrigation system and in a good state of cultivation, are very valuable, and will remain so as long as a water supply is assured; therefore this project has been planned very care- fully, and the construction is of a permanent and lasting nature. This reservation is better adapted for iiTigation and agriculture than several of the southwestern reservations, and it has been thought that eventually Indians from some of the other reservations might be allotted here; therefore, in making the plans for this work the principal structures have been made large enough to perform in excess of the present demands, and therefore, should increased service be required, it will be found quite easy and not excessively expensive to add new units. OPERATION. Water for irrigation was available during the year 1913, and some of the Indians are showing commendable zeal and skill in bringing their allotments into a high state of cultivation. Others, however, do not seem to have the power to understand the neces- sity of hard work, or do not have the energy to perform it. Where lands are imperfectly prepared for irrigation the expenses of maintenance and operation are very high, and, as pumped water is always expensive, this project calls for strenuous efforts to teach the Indians how to do the work properly and for a supervision that will induce him to do it properly after he knows how. A wonderful success can be attained here, but unless both skill and mind and muscle are used a dismal failure may result. DRAINAGE. It is an almost assured fact that drainage will be necessary here before a great while This fact may as well be borne in mind while making plans and estimates for the future, because both the topography of the surface and the texture of the soil point to over- saturation in a not distant future. The Colorado Kiver Reservation, Ariz. , was originally created by act of March 3, 1865, comprising about 75,000 acres; added to by Executive order, until it now embraces 240,000 acres. Five hundred and ten Indians have been allotted 10 acres each of irrigable land. No authority to dispose of surplus, other than under the reclamation act of June 17, 1902. As no leclamation project has been installed and funds are not at hand to construct such project, it is not expected that any of these surplus lands will be placed on the market under the reclamation act. Bills have been pending within recent years to turn the surplus lands over to the State for disposal under the Carey Acts. Practically the entire population on the Colorado River Reservation proper has been allotted, but the original reservation was created "for Indians of the •Colorado River and its tributaries." This will give the right to allotment on this reservation to other Indians in the State of Arizona, approximately to the number of 2,000. The Chairman. The item reads, " For completion of the construc- tion of necessary channels." Why is it necessary to have the word "completion" ? Mr. Meritt. We would like to have that word changed to " con- tinuing" instead of "completion." Mr. ScHANCK. This is for the appropriation of water for a much larger area than we expect to cover. Mr. BuBKE. What was the limit of cost of this project? 312 INDIAN APPEOPEIATION BILL. Mr. ScHANOK. The first appropriation was made to initiate the appropriation of water for 150,000 acres. There was no estimate made. It was done under an emergency, where delay to begin the appropriation might work an injury to the Indians, as the Colorado River is being rapidly appropriated. Mr. BuEKE. Before the act of April 4, 1910 ? Mr. Conner. That act provided for the construction of a pumping plant on the Colorado River Indian Reservation for the purpose of securing an appropriation of water for the irrigation of approximately 150,000 acres of land. Mr. BuEKE. Without any limit of cost ? Mr. Conner. No limit of cost. < Mr. BuEKE. How much has it cost up to the present time ? Mr. ScHANCK. Up to the end of the fiscal j'^ear 1913, $85,000, ap- proximately, and $25,000 appropriated this year makes $110,000, and out of that amount the plant has been operated for more than a year. This $17,000 will complete the distributing system to the 5,000 acres that have been allotted and operate the system. Mr. BuEKE. How much further is it contemplated to go? This language here contemplates 150,000 acres. Mr. ScHANOK. Yes, sir. Mr. Burke. Is it intended to continue until you have irrigated 150,000 acres? Mr. ScHANCK. It should be continued every year to prevent any possible lapse of our rights. Mr. Meritt. I might say that Mr. Hayden has introduced a bill in the present Congress to create a Carey project on the Colorado River Reservation, and one of the items of that biU is to incorporate our present irrigation project in this Carey project and give the Indians a water right to 5,000 acres. Mr. Burke. Has it not been the attitude of the committee that wo did not want to go beyond the 5,000 acres until we knew how the thing worked out after it was completed ? Mr. Meeitt. I think that has been the general attitude. Mr. BuEKE. We put in the act last year "for completion" on the supposition and theory that that would complete the project to the extent of 5,000 acres ? Mr. ScHANCK. There was no report ever submitted as to the amount that it would take to complete it that I know of, buf the main thing is not to limit the activity there, but we should always appear to take more water. Of course, some bill such as that introduced by Mr. Hayden will accomplish what we want, but we should continue even a very smaU amount. The 5,000 acres will supply the needs of the Indians there at present. Mr. Burke. The 5,000 acres are not completely irrigated yet? Mr. ScHANCK. They will probably be out of the present appropria- tion. Mr. Burke. And the $17,000 you are now asking is to go a little further ? Mr. ScHANCK. No. The $17,000 is needed to operate the pumping plant and to continue to the allotments. This project was started without any definite limit as to where the allotments were to be taken, and there is no legal way to compel the Indians to take the allotments near the pumping plant, and the only thing I could do INDIAN APPEOPEIATION BILL. 313 was to talk to them and point out the desirability; but they have not all agreed, and so it has been necessary to run the canals where we did not expect to run them. This has cost a little bit more than we expected, but I do not believe there was ever an estimate of the total cost. This amount includes the cost of th? 5,000 acres and operating the plant two years. Mr. Burke. It does not contemplate the expenditure of money to enlarge the irrigable area above 5,000 acres ''. Mr. ScHANCK. Approximately 5,000 acres. The Chairman. If the Hayden bill passes and becomes a law, would this $17,000 be needed? Mr. ScHANCK. Yes, sir; because it is to construct the laterals to the allotments and to buy fuel and pay engineer wages. _ Mr. Hayden. There is just one other matter in the bill I would like to speak about, that is on page 27, "For completion of the con- struction of necessary channels and laterals for the utilization of water in connection with the pumping plant for irrigation purposes upon the Colorado Kiver Indian Keservation." I would hke to see that word "completion" stricken out because, while we are probably going to complete it, yet if the necessity arises we may desire to appropriate some more money at the next session. The Indian Office is claiming an appropriation of water from the Colorado River for the benefit of these Indians on the money that we are expending for this irrigation system. The courts might construe that the word "completion" meant that we do not claim any additional ajppropriation of water from this river after this money is expended, thus bringing on complications. This word wiU not do any good in there, and if you leave it out it might protect the rights of the Indians in the future. Mr. Burke. I expect, Mr. Hayden, that we are constructing this plant under act of Congress of April 4, 1910, and I think you will find that that provides how much may be expended, and this appro- priation is to complete it in accordance with that provision. Mr. ITatden. That act, of April 4, 1910, said, "to secure an appropriation of water for approximately 150,000 acres of Indian lands." Mr. Burke. The statute reads, United States Statutes at Large, Sixty-first Congress, page 273 : For the construction of a pumping plant to be used for irrigation pmpoees on the Colorado River Reservation, together with the necessary canals and laterals for the utilization of the water in connection therewith, for the purpose of securing an appro- priation of water for the irrigation of approximately 150,000 acres of land, $50,000, to be reimbursed from the sale of ithe surplus lands of the reservation. Now, that is looking to the completion of that project. Mr. Hayden. It is obviously impossible to complete a project to irrigate 150,000 acres of land with this sum of money. Under the water laws of CaHfomia and Arizona you give notice that you intend ultimately to irrigate 150,000 acres, and then you start the construc- tion of a small plant which you intend to enlarge gradually to cover your entire project. If you are doing this in good faith and pro- ceeding with due diUgence, the courts will hold that the first work done fixes the date of the appropriation. While this irrigation 314 INDIAN APPROPRIATION BILL. project may be completed in another way, since I have a bill pend- ing to open this particular reservation to entry under the Carey Act, the money to finish the project to be furnished by the settlers through the Carey Act method and not out of the Treasury, still I feel that we ought to date our appropriation just as far back as we can. Therefore I think the word "completion" should come out, and it does not do any good in there anyway. Mr. Meritt. The office has no objection to the omission of the word desired to be omitted by Mr. Hayden. This item wiU complete a small irrigation project for the purpose of irrigating about 5,000 acres of Indian lands which has been allotted to the Indians. It is • not intended that this will irrigate all the irrigable lands of that reser- vation, and I think Mr. Hayden's point that this word should be omitted is a good one. Mr. Burke. My recollection of this particular item is that a state- ment was made last year that the amount asked would complete it, and it turns out that it will not. Prior to that I notice in the appro- priation act for the former fiscal year it reads, " for continuing the construction," etc. Now, last year it was not completed, and it must have been stated that it wou'd require that amount to complete it, and therefore we put that wo'-d in, "completion." Mr. Hayden. What they d'd complete with the money we gave them laot year was one unit of the pumping plant, but did not com- plete the system of canals. The money they .are asking for now is for the completion of the distributing system. They do not propose to construct any more buildings or machinery; they are going to extend laterals now and get the water down to the Indian lands. Mr. Meritt. We have already constructed the irrigation project, and this is simply to build the laterals and get. water on the land allotted to the Indians ? Mr. Hayden. Yes. Mr. Burke.- The language we had in the last appropriation act I think is better. Mr. Hayden. Yes; I prefer that language. These are the three things in the bill that I wanted to bring to your attention. The Chairman. What is the next item, Mr. Meritt ? Mr. Meritt. The next item reads : For enlarging the irrigation system for the irrigation of Indian lands, for protective works to prevent damage to irrigable lands by floods, and for development of domestic water s' pply on the Papago Indian Reservation in Arizona, in accordance with the plane and specifications si bmitted by the chief engineer in the Indian Service and approved by the Commissioner of Indian Affairs and the Secretary of the Interior, in conformity with a provision contained in section 1 of the Indian appropriation act for the fis al year 1911, $50,000: Provided, That the total cost of this project shall not exceed $150,000, and to remain available until expended. We offer for the record the following justification: Irrigation system, Papago Reservation, Ariz. Fiscal year ended June 30, 1913: * Amount appropriated |5, 000. 00 Amount expended 4, 960. 03 Unexpended balance 39. 07 INDIAN APPKOPEIATION BILL. 315 ANALYSIS OF EXPENDITURES, Salaries, wages, etc :?i2, ]37. 88 Traveling expenses 179. 60 Printing 6. 00 Telegraph and telephone service 1. 00 Material 668. 59 Fuel 68. 14 Equipment ], 808. 82 Miscellaneous 90. 00 4, 960. 03 STATISTICS PAPAGO AND SAN XAVIER EESERVATIONS. Present irrigable area depends upon quantity of water available. Irrigated area (estimated) acres. - 200 Area under completed project acres. - ,1, 580 Acres cultivated by Indians (about) " 200 Acres crltivated by whites None. Value of irrigated land per acre $200 Expended June 30, 1913 ,So, 155.87 Estimate for fiscal year 1915' $50, 000 Cost of completed project (estimated) $155, 000 IRRIGATION SYSTEM, PAPACO RESERVATION, ARIZ., $50,000. The Indians of this reservation are natvrally agricultural people, and will poake good use of any improvements to their irrigation systems. The amount of water which they formerly had been able to get from the Santa Cruz River by gravity has greatly decreased.. The irrigation of 3,000 acres, as proposed, will take care in good shape of nearly all the Inc'ians attached to the reservation. The water rights which the Indians of this reservation need will be greatly jeopard- ized by encroaching white settlers in the very near future. It is understood' that the very interests who objected to allowing the Indians to use water from the Santa Cruz drainage on account of the ostensible lack of water, are themselves planning to irrigate a large portion of land above the Indian reservation, which would be very disastrous to the Indians if .only the small amount of water which the whites claim was available really existed. The tn st period of the allotments which have been made to these Indians will soon expire, and some action should be taken to provide them with the means of support, and this irrigation enterprise seems to be the only one, and at least $50,000 should be made immec lately available. The details of these improvements were outlined in a report by Supt. C. R. Olberg and Supt. Schanck, dated November 14, 1912, and the various itepas entering into the cost of the project are as follows: Power plant and auxiliaries $34, 000. 00 Wells and pumping plants 43, 000. 00 Transmission line 6, 860. 00 Flood-water control 42, 905. 00 Flood-water irrigation works 2, 304. 15 Lateral system and structi res 13, 887. 00 Engineering and supervision 7, 043. 85 150, 000. 00 Estimated area for completed project, acres 3, 000 Total cost to June 30, 1913 $4, 601. 88 Number of Indians to be benefited (estimated) 360 Cost per ac re when completed $50. 00 SAN XAVIEK, ARIZ. Total area reservation, 69,200 acres; project, San Xavier; total census, 1912, 360, approximately. i m e j Location and climatic conditions.— County, Pima; townships and ranges, Ts. 15 and 16 S., Rs. 11, 12, and 13 E.; railroads on and adjacent, Southern Pacific; market for 316 INDIAN APPKOPBIATION BILL. products, Tucson; average elevation irrigable area, 2,500 feet; average rainfall irri- gable area, 12 inclies; range of temperature on irrigable area, 10 to 115; raUroad sta- tion, Tucson. Water supply. — Source of supply, wells and Santa Cruz River; area of flrainage basins, 2,000 square miles. Suminary of results. — Tunnels, 1; total length, 54 feet; size, 12 by 24 inclies. Buildings. — Pumping stations, 1; cost, $3,114,05. Wells. — Number, 1; aggregate depth, 40 feet; cost, incorporated in pumping plant. Irrigable lands. — Estimated area for completed project, 3,000 acres; total cost of project to date, ?4,601.88; total amount paid for labor, $2,036.46— Indian, $509.44; white, $1,527.02. Surveys, investigations, and a report was made upon the water supply and flood protection of this reservation. This report was printed as Senate Document No. 973, and sets forth the conditions in a very clear and concise manner. The report outlines a method of irrigating 3,000 acres, but so far Congress has not seen fit to make the necessary appropriation. The' Indians on this reservation have for ages used what water there was available for irrigation, but in the past few years one of their ditches was so often destroyed, requiring such a large amount of labor to repair it, that they found the burden too hard and practically gave up all attempts to continue farming operations. A special appropriation of $5,000 for the purpose of investigations abd relief was made during tlie year. Besides the investigations, a well was dug and equipped with a pumping plant and 6,400 feet of ditch was constructed. This affords some relief, but nothing compared to what is needed. There is a problem here to solve which will require much careful thought and afterwards probably considerable money. The report referred to in the item of proposed legislation is Senate Document No. 973, Sixty-second Congress, third session, which contains a great deal of information regarding these Indians and the proposed irrigation project. Mr. Schanck can give detailed infor- mation regarding this item which we consider in the office a very important item of legislation. If this appropriation is not made at this session of Congress it will endanger the water rights of these Indians. The Chairman. What stream is it proposed to appropriate the water from ? Mr. Schanck. Tlie Santa Cruz River, but a large proportion of the water will be obtained from the underground flow of the river bj a pumping plant. It is contemplated that groups of wells, as indi- cated more fully in that report, will be constructed, and that a power house at one of the gi-oups of weUs, located near the railroad, will be constructed to develop power to transmit to these different groups of wells, and besides a gravity system of irrigation will be installed to use the flow of the river whenever it is flowing, and also to construct dykes and protective works to prevent erosion which has occurred in recent years and which has decreased the irrigible land consid- erably. The Chairman. Is there any point on this river where you could put in a reservoir for the purpose of impounding the flood waters ? Mr. Schanck. No. The surface flow is a very small proportion. The Chairman. What do you mean by the underground flow? Mr. Schanck. The river bed consists of a wide channel from half a mile to 2 or 3 iniles, full of gravel and sand, and this is sometimes 100 or 200 feet deep. The measurement of the water down this channel has been definitely determined from examination of the river. We call it an underground flow. We are very favorably situated. > Tlie Chairman. Is the water suitable for irrigation? Mr. ScHANCK._ Yes, sir: we have had it analyzed and it is very good water for irrigation. INDIAX APPROPEIATION BILL. 317 The Chairman. What depth would that be from the surface at the point you propose ? Mr. ScHANCK. A temporary pumping plant has akeady been in- stalled, where the water is, I think, 12 feet from the surface, and to pump the quantity, which is about 700 gallons a minute, it draws down to 8 or 9 feet more. Most of the land is very favorably situated for the development of the underground water. Below this reserva- tion and above the whites have already estabUshed systems, although our situation is a little more favorable. The Chairman. How about the white people in the neighborhood who irrigate ? Mr. ScHANCK. They are very successful. They have only irrigated a large quantity during the last year or two, and apparently they are going to extend it very rapidly, and if we do not get this appropria- tion this year we wiU be in a position of having to deprive the white settlers of water to get that to which the Indians are entitled and which they should receive. At present there are 9,000 acres being irrigated north of the reservation, which is downstream from it, and the people who own that told me that they expect to add 6,000 acres more the coming year. Above the location in one locahty there are 2,000 acres being irrigated, and that company has extended its opera- tions. These Indians are naturally agricultural people, and they will become self-supporting if they are given an opportunity. We expect to irrigate 3,000 acres of land, and it will probably be impossible for us to get water for more than that amount without interfering with the interests of the white people. The Chairman. What will be the value of the land ? Mr. ScHANCK. From 1125 to $200 an acre. The Chairman. What wiU it cost to put the water on the land? Mr. ScHANCK. The cost of the completed system, including works for protection from floods, which is a serious matter, wiU be $50 an acre. The Chairman. Including the protection, you estimate $50 an acre? Mr. Schanck. Yes, sir. The Chairman. What kind of land is it ? Mr. Schanck. One thousand five hundred acres have been farmed in past times by the Indians, but their water supply has been reduced so that this year there are only about 800 acres. Probably 2,000 acres have been cleared in times past. The rest is a very heavy growth of mesquite and it costs a great deal to clear it, but the wood will prob- ably pay for the clearing. The Chairman. Do you have the same rule to apply to the under- ground flow as the ordiaary-ground flow ? Mr. Schanck. Wherever it has been adjudicated — in California and Arizona. The underground water right is of course a very compli- cated question; but a person who has appropriated and put to bene- cial use the water is always able to hold it agamst some one who comes along later and claims it by some other means. The Chairman. Even if he owns the land above, he would not be permitted to sink wells ? Mr. Schanck. That is the usual decision. 318 INDIAN APPEOPRIATION BILL. Mr. BtTEKE. If an adjoining owner puts down a well near where there is a well and it affects the flow of that well, can the prior user enjoin the owner from using the water on his own land ? Mr. SoHANCK. Yes, sir ; that is done frequently. Mr. BuEKE. How do you propose in this case to get your power? Mr. ScHANCK. We expect to operate with crude oil. We expect to have one pumping plant close to a spur from the Southern Pacific Railroad. We expect to locate the power plant there and use crude oil in operating it and transmit the power to these various pumping plants. Mr. Bltrke. There is no power plant in that vicmitj^ within reach by transmission lines ? Mr. ScHANCK. Yes, sir; but the price at which they offered to fur- nish power was about three times as much as the cost at which we could generate it. Of course, before we actually start our project, they may make us better terms or such terms that we could afford to take up, but I think that improbable, because their plant is not as efficient as the one we would build. Mr. BuEKE. What is their plant ? Mr. ScHANOK. It is a steam plant. It is a plant that has grown up with the growth of the city of Tucson. Mr. BuEKE. . Where is it located ? Mr. ScHANCK. About 10 miles from there — 10 or 11 mUes. Mr. Burke. In a general way, what has been the experience of the Indian Bureau in its reclamation division in the irrigation of lands by means of wells — that is, as to whether it is practicable from an economical standpoint to use pumps, and also state how long the pumps last ? Mr. ScHANOK. The experience of the Indian Bureau with weUs has not been very extensive except in southern California. I am very famihar with the situation in southern California, where I lived for 26 years, and I know of privately owned plants there which have been in use continuously for 26 years. It is considered, in fact, sometimes more desirable to use underground water from wells than surface water. Mr. BuEKE. What is the lifetime of a pump? Mr. ScHANCK. Some types of pumps would probably last 30 years with proper care. Mr. BxJEKE. What is the maintenance cost as compared with using water directly from the river ? Mr. SciiANCK. Frequently it is less. On the Colorado River Reser- vation I made a careful computation and found that for less than 50,000 acres of land irrigated it would be cheaper to pump than to irrigate by gravity. Mr. Burke. How high can you raise the water? How high is it practicable to raise the water ? Mr. ScHANCK. That depends on the crop. Some plants in the S.tate of California raise the water to 600 feet, but that is for citrus fruits. For alfalfa it could not be profitably raised over 150 feet. Mr. BuEKE. Of course, the less the height the less the expense. Mr. ScHANOK. Yes, sir. Mr. Bltrke. I want to ask you if there is not sufficient natural rainfall in this locaUty for agricultural purposes ? Mr. ScHANCK. No, sir; all that question is discussed in the report. INDIAN APPEOPRIATION BILL. 319 Mr. BuEKE. I noticed it there. In the months of July, August, and September there seems to be quite a little rainfall, and I was wonder- ing whether it was necessary to supplement it. Mr. ScHANCK. Yes, sir. The Chairman. What is the next item ? Mr. Meeitt. The next item reads: For maintaining, strengthening, and raising the dike constructed to protect the irrigable lands on the Fort Mojave Reservation, Ariz., from damage by floods, $5,000. We offer the following justification for the record: Dike, Fort Mojave Reservation, Ariz. Fiscal year ended June 30, 1913: ' Amount appropriated |25, 000. 00 Amount expended. 24 174. 11 Unexpended balance 825. 89 ANALYSIS OP EXPENDITURES. Salaries, wages, etc 15, 078. 76 Traveling expenses 534. 98 Transportation of supplies 312, 89 Telegraph and telephone service 8. 29 Material 2, 696. 38 Fuel , 22.60 Forage 2,750.80 Equipment 1, 961. 67 Rent of equipment 792. 74 Rent of storeroom 15. 00 24, 174. 11 STATISTICS, FORT MOJAVE. Census 1913 .- 821 Present irrigable area, acres 12, 500 Irrigated area }\ one. Area under completed project, acres 12, 500 Acres cultivated by Indians UU Acres cultivated by whites None. Value of irrigated land, per acre $100 Expended to June 30, 1913 $38, 305. 25 Cost of completed project $52, 500. 00 Estimate for fiscal year 1915 85,000.00 The construction of this dike was attended by many drawbacks, high water, rains, bad roads, and scarcity of laborers, tenaing to delay the work and make it expen- sive. The funds (825,000) which had been appropriated by Congress were found not adequate to complete the work in the manner originally planned, and changes had to be made. Further work requiring an additional appropriation will be necessary to bring this work to the point desired. The levee will protect from overflow l,OtiO acres of land. The average \'alue of irrigated lands on the reservation is estimated to be SlOO per acre. There are 800 Indians on the reservation. Funds expended to date, $25,000. Total area of reservation, 17 square miles; tribes, Mojave and (;hemhuovi; total, census 1913, 821. Project. — Port Mojave levee. Location andeUmatic conditions. — County, Mojave: townships and ranges, Tp. 36 S., R. 66 E., Mt. D. B. & M., Ts. 18 & 19 N., R. 22 W., G. & S. R. B. & M.; railroads on or adjacent, Atchison, Topeka & Santa Fe; railroad stations. Needles and Topock; market for products, Needles, Goldroads, Oatman; average elevation irrigable area, 480 feet; average elevation water shed, 5,000 feet; average rainfall on irrigable area, 5 inches; average rainfall on water shed, 9 inches; range of temperature on irrigable area, 15° to 125° Water supply.— Source of water supply, Colorado River; area of drainage basins in square miles, 180,000; annual run-off m acre-feet, 10,000,000. 320 INDIAN APPKOPBIATION BILL. Waste ditches and drains. — Dikes or levees, total length, feet, 26,100; volume, cubic yards, 103,804. Telephone lines. — -Number stations, 2; aggregate cost, $221.31; miles, 7. Transmission. — Clearing 75.8 acres, $4,877.57; material excavated, class 1, cubic yards, 103,804; cost, $22,862.54. Levee, wire mattress, 81,750 square feet; cost, $3,492.34. Irrigable lands. — Estimated cost of completed project, $650,000; first unit, $52,500; estimated area for completed project in acres, 12,500; total cost of project to date, $38,305.23; total amount paid for labor, $24,168.61; Indian, .?8,763.98; white, |15,- 404.63; average value of irrigated lands, $100. CONSTRTJCTION. The lauds on the river bottom are subject to overflow and to prevent this a dike was constructed during the year. The construction work was attended with many obstacles and drawbacks, high water, rains, bad roads, scarcity of laborers and an active tax collector all conspired to delay and make expensive the work. The funds, $25,000, which had been approjjriated by Congress were found not ade- quate to complete the work in the manner originally planned and changes had to be made. The dike is protected at the most vulnerable points with a woven-wire screen held in place by concrete blocks. The shortage of funds prevented the use of this material to the extent desired and also compelled the use of a smaller cross section of embankment than was planned and thought advisable. Further work requiring additional appropriations will be necessary to bring this work to the point desired. The efficiency of the dike has not yet been determined for the water did not get liigh in the Colorado tliis yenr and did not come against the dike in sufficient quan- tities to afford a test. • IKRIGATION. The Cotton Land Company, in consideration of a right of way for their canal across a portion of the reservation, have agreed to supply a free water right for 1,000 acres of land. There were no funds available to construct laterals, gates, etc., and therefore no land is at present under cultivation. The climate is adapted to a high state of agriculture and there is ample water if it can be controlled. The land ae a rule is good, but h&s in some instances an overabun- dance of mineral salts that must be removed before successful farming can be accom- plished. The land also lies rather low ard irrigation water is applied in the large quantities that is demanded in that hot climate the water table will probably rise and make drainage necessary . This project has many drawbacks. Many more than exist on the Colorado Eiver reservation and the proposition of allotting these Mojave Indians, who are closely related to the Colorado River Indians on the Colorado River reservation, is one worthy of consideration. However, if the dike successfully protects the 1,000 acres, for which there is a water right it would seem good business to go ahead and develop it, even were it to be sold and the returns invested at some other place for the benefit of the Indians. EXPERIMENTAL DRAINAGE. An experiment on a small scale was undertaken to determine the feasibility_ of drainage at the school farm. So far as carried they indicated a successful conclusion but more funds are necessary to get satisfactory results. The Chairman. How inuch land is to be irrigated by this plant? Mr. Schanck. The amount immediately protected by it is about 1,000 acres, but in addition to that the dikes constructed by the Cotton Lands Co., which protected more lands belonging to the Indians, washed out two years ago. and this covers gaps in the com- pany's dikes. These protected about 3,000 more acres of Indiana lands, making 4,000 acres altogelhsr. The Chairman. What stream flows through this land ? Mr. vSoHANCK. The Colorado River. The Chairman. Which carries a vast amount of water. Mr. Schanok. Yes, sir. INDIAN APPEOPBIATION BILL. 321 Th3 Chairman. How is erosion th^re? Are the banks easily eroded ? Mr. ScHANCK. Yes, sir. This dike has been constructed and we hope that it will hold. The GaAiRKiAN. What will be the length of the dam « Mr. ScHANCK. Th? dike, as originally appropriated for, extends about 20,000 feet, or about 4 miles in length, but between the time the appropriation was made and the time the funds became avail- able the dike of the Cotton Land Co., to which we expect to build this dike, washed out, as previously stated, so it was necessary to add 6,000 feet onto this 20,000 feet. It is proposed to build it stronger aiid also higher on account of the great floods that have since occurred. The Chairman. How high will it be ? Mr. ScHANCK. In some places the dike is to be protected by having Wire screens against its face. The Chairman. How high is the dam or dike ? Mr. ScHANCK. It varies in height. It is 2 feet above the highest water known. It is 8 feet thick at the top and slopes so it is about The Ghaieman (interposing). What is the thickness at the base? Mr. ScHANCK. The maximum height is 11 feet. The base there is about 70 feet wide. The avelrage height is about 7 feet and the base would be about 45 feet. The Chairman. Would you have to construct that with clay, sand, or gravel? Mr. ScHANCK. Just of the material at hand. At some places it is sandy and some places clay. The Chairman. Do you have any trouble in getting dikes to stand ! Mr. ScHANCB:. Yes, sir. As I say, the face of the dike is protected by placing wire screens upon it. The Chairman. How much land is under cultivation that this sys- tem would irrigate ? Mr. Schanok. V&ry Httle. There was a system in operation by this Cotton Land Co. under which we were entitled to free water for 1,000 acres. The Indians stalrted to clear and irrigate some of their lands when the dike belonging to the Cotton Land Co. wa? com- pleted. The dike, as I said, did not hold, and the Indians were, of course, unable that year to use the water, and since then it has not been definitely detei'mihed that we can hold the dike we are building, and the Indians are not making much progress. Probably there are 20 Indians who have from 2 to 4 acres under cultivation. The Chairman. In the event you secure this appropriation of $S,000 to build this 26,000 feet of dam Mr. ScHANCE (interposing). Twenty thousand feet have been entirely completed, but 6,000 feet more must be strengthened, and there would be some added height to this portion. The Chairman. Do vou think there would be a sufficient number of Indiins benefited to" justify us irl miking this appropviation— -that is, would there be a sufficient number of Indians who would irrigate lands under this system ? Mr. Schangk. If we can hold that dike against the erosion of the river, it will. Tlie Chairman. You think it would justify this appropriation? Mr. ScHANCK. $'25,000 hrs already been expended, and this would save that investment. 24455—14 21 322 I2SrDIAN APPEOPEIATION BILL. The Chairman. What is the next item ? Mr. Meritt. The next item reads as follows: For improvement and sinking of wells, installation of pumping machinery, con- struction of tanks for domestic and stock water, and for the necessary structures for the development of a supply of water for domestic use for eight Papago Indian villages in Southern Arizona, 135,600. We offer the following justification for the record: STATISTICS, EIGHT PAPAGO VILLAGES. Census, 1913 1, 423 Present irrigable area, undetermined. Irrigated area, acres 873. 7 Acres under completed project, depends upon water found. Acres cultivated by Indians 873. 7 Acres cultivated by whites None. Value of irrigated land per acre $100 Expended to June 30, 1913 Nothing. Estimate for fiscal year, 1915 $35, 600 Cost of completed project $35, 600 The Indians of this Territory have had little or no aid from the Government, and are a bright and energetic people, for Indians. Their principal source of revenue is that of stock raising, and this could be made a source of much greater revenue for them if it were not for the fact that the water supply for use of the stock is very limited and hard to obtain. Frequently the feed is ample in a locality, but water is at such great distance that stock can not subsist. The estimate on this contemplates the sinking of wells, or the improvement of those already constructed, the installation of a pump and small distillate engine, the construction of excavated tanks for domestic and stock water, and the erection of a small structure over the pump and engine. There are eight villages which are much in need of these improvements. Others migtit in the future require the same. The villages included are: Via-viau, or Cockleburr 200 Chiu-Chiuschu 200 Ko-Opke 75 Taht-Mohmeli 106 Komelih Quajoti 100 Anegam 200 Santa Rosa 400 As stated before, these Indians have had practically no aid from the Government, and have been a peaceful and inoffensive tribe at all times, and are almost wholly self-supporting at present, but to bring them to a state where they would be really removed from danger of actual starvation there is nothing that can be done so cheaply to add to their income, but not in any sense pauperize them or render them any less industrious. It is the intention to have one thoroughly competent white man to tavel from one village to another, to see that these pumping plants are kept in good operating condition. The cost of individual pumping plants is estimated as follows: Sinking well 6 inches diameter, 200 feet, at |5 $1, 000 Pump 800 Gas engine 400 Domestic-water storage tank 500 Stock-water storage tank 750 Structtires, buildings for pump, engines, etc 500 Engineering and incidentals 500 Total 4,450 The Chairman. Your justification gives the names of these towns ? ]Mr. ScHANCK. Yes, sir. The Chairman. And the location of each ? Mr. Meritt. The justification does not show the exact locations. Mr. Chau'man, I would like Mr. Schanck to make a statement in re- gard to this appropriation for the Papago Indians. We are asking for three separate appropriations. INDIAN APPKOPBIATION BILL. 323 The Chaiuman. We would like to have Mr. Schanck's statement in the rcoord. Mr. Sci-iANCK. Probably it would bo mure clearlj understood from this map than irom a verbal description. The appropriation of $5,000 for the Papago Indians, the same being item Ao. 35, con- templates the sinking of wells and making other improvements to the water supply of the nomadic Papago villages, as found best by specialists in the field. In addition to this, large areas of the nomadic Papago country have been surveyed, and it has been found feasible to construct at eight villages wells and pumping plants to furnish water for stock, and perhaps ia some instances for a small amount of irrigation where tlie villages have been established for a long time and where it is known that the Indians constantly make their homes. These -tillages are Via-Yiau or Cockleburr, with a pop^ ulation of approximately 200; Chiu Chiuschu, with a population of approximately 200; Ko-opke, with a population of approximately 75; Taht-Mohmeli, with a population oi approximately 100; Quajoti, with a population of approximateh^ 100; Anegam, with a population of approximated 200; Santa Rosa, with a population of approxi- mately 400. Mr. Cartek. You have left out Komelih. Mr. ScHANCK. Yes; Komelih, with a population of approximately 150. The Chairman. How much land do these Indians own around each one of these villages ? Mr. ScHANCK. They own no land; they are on the public domain, except the Chiu Chiuschu village has a reservation. The Chairman. How much do they own ? Mr. ScHANCK. It consists approximately of one township. The village of Ko-opke has a reservation around it of approximately 35,000 acres, and the village of Taht-Mahmeli has a reservation con- sisting of 12 sections, I believe. The Chairman. And none of the other towns have lands except on the public domain ? Mr. ScHANCK. No, sir; they have occupied and cultivated these lands around the villages as best they can. The Chairman. How does the department protect them against white settlers ? Mr. ScHANCK. The department was preparing to protect them by allotting them from the public domain. The Chairman. And nothing has been done in that direction ? Mr. ScHANCK. There has been farther east, but under the act of Congress passed last year no money is available for the allotment of lands on the pubHc domain in Arizona and New Mexico. We expect to protect them by putting them in shape so they can cultivate their lands, and of course, as long as they stay there and cultivate the lands, the present laws prohibit homestead entry or any form of entry upon lands thus occupied by Indians. They do need more protection, but as yet I beheve the Indian service is hardly able to say in ;all instances what should be done. We need some of these other appropriations to conduct our investigations to make more definite recommendations as to the future. The Chairman. So then, under the present laws, a white man can not go in there and take land that these Indians now occupy ? Mr. ScHANCK. Is not that the fact, Mr. Meritt? 324 INDIAN APPItOPEIAT?ION BILL. The Chairman. If it can bo shown that the Indians actuallj occupy the land, are they protected against white settlers ? Mr. Meeitt. Mr. Chairman, there was incorporated in connection with the appropriation for allotment work in the last Indian appro- priation act, a proviso clause which prevented the Indian Bureau from making further allotments on the public domain in the States of New Mexico and Arizona. The Chairman. Is that good legislation? Would it be good legis- lation to leave that out ? Mr. Meritt. I think it is absolutely just and fair to the Papago Indians, as well as to other Indians in those States, that this legisk' tion in the Indian appropriation act this year be omitted. The language in that act that we would like to have omitted in this year's legislation reads as f oUows : Provided, That no part of said sum shall be used for the survey, resurvey, classMca- tion, appraisement, or allotment ot any land in severalty upon the public doiHaih to any Indian, whether of the Navajo or other tribes, within the State of New Mexico and the State of Arizona. That legislation has worked a hardship on these Indians. The Chairman. Do you leave it out of the draft of the biU this time? Mr. Meritt. Yes, sir. Mr. ScHANCK. The Indian ^iIlage of Ak-chin, near M'lricopa St.t'.tion, is one for which we are asking an appropriation of $22,200 for the construction of wells and an irrigation systeiH for a small area at that village, fi-om the general iirigation fund. South of Tucson, distant about 150 miles from the village of Ak-chia, is the Papago Reservation, for which we ai'e asking an appropriation of about 18.000 to construct a temporary pumjiing plant aitd' to Operate it and the one already constructed duriiig the fiscal yeaJr, and probably the year foUo-vfing. These two pumping plants will water about 1,000 acres. This $8,000 is also out of the geiic^ral irri- g'ation fund. In addition td this $S,000, we are asking for the first installment, which is $50,000, for the project on the PapagO Reser- vation south of Tucson, the total project to cost $150,000. The temporary pumping plant is needed pending the time when this large project can bo put into use, and this large appropriation is urgently needed at this session of Congress to protect the water rights of the Indians, ?s these are being lapidly appropriated by the whites. Of the 800 Indians attached to the Papago Reservation; about 600 would be taken care of by the completion of the large project on the- Papago Indian Reservatioil. In addition to theSfi three items for the Papagos, we are asking for $5,000 to operate a well rig. already purch-ised for drilling wells, to improve the domestic awd stock w-^ter supply for any so-called nomadic Papago Indians who occupv tre territory West of Tucson and south of the Southern Pacific Railroad, covering a large ai'ea. In addition, we are asking for a specific appropriation of $35,600 to construct welts andpUWp- ittg plants .ft eight villages where surveys have been completed \rith sufficient accuracy to indicate that water is availabfe for Stock ptltposes, and, in some instances, for & small amount of irifigfition. These villages are distant fi-om 40 to 90 miles South and east of the village of Ak-chin, near Maricopa Station, for which the fri^t appio- pri-^tion is requested in the general irriga,l5ion fund. Mr. Carter. Are All those Papagoes in Arizona ? INDIAN APPBOPRIATION BILL. 325 Mr. ScHANCK. Yes, sir. Mr. Carter. How many of them are there ? Mr. ScHANOK. In the allotting work, so far as it has been carried on there, there were allotted approximately 4,000, and I should think about half of the territory they were Imown to occupy was QO-K€(red. Mr. Capteb. How much money all told, by this biU, do you spend in connection with irrigation work for the Papagoes ? Mr. ScHANCK. $120,800. Mr. Carter. How many items are there in the biU for the Papa- goes? I mean specific items and general items of appropriation too. Mr. ScHANCK. Five. Mr. Garter. WiU you name them in consecutive order in order that we may be enabled to refer to them in the hearings ? Mr. ScHANCK. $8,000 for the construction and maintenance of pumping plant, canals, and the installation of additional pumping plants on the Papago Reservation near Tucson, Ariz.; in the general irrigation appropriation, an item of $22,200 for the construction of a pumping plant at the village of Ak-chin, near Maricopa Station; specific appropriation item No 29, carrying an appropriation of $5,000 for water supply for the nomadic Papagoes, which contem- plates iroproving the water supply for any Indians among the nomadic Papagoes; item No. 33, carrjdng an appropriation of $50,000 for beginning the construction of a permanent irrigation system on the Papago Reservation near Tucson; item No. 35, carrying an appropriation of $35,600 for securing a water supply for stock and, if possible, for irrigation, for eight Papago Indian villages, five of which are on the public domain and three on small reservations in a territory about 60 miles long and 30 miles wide. Mr. Carter. That will be a total of $120,800. Mr. ScHANCK. Yes, sir. Mr. .Carter. How many of these Papagoes wiU be beneficiaries of this project? Mr. ScHANCK. Those that can be definitely determuied wiU be. Mr. Carter. I would like to have that information in connection with each amount appropriated. Mr. ScHANCK. I have prepared a statement of that, and it can ap- pear in the reeord at this point. Irrigation systems from general appropriation. Nupiber benefitted: Ak-chin village, 105 Indians $22, 200 Papago Reservation, 300 Indians 8, 000 Special appropriations: Nomadic Papago water supply ^i 000 Eight Indian villages (stock, domestic, and irrigation water supply) number of Indians in each: Cockleburr 200 Chin Chinschu 200 Quajote 100 Ko-Opke .^°l 35, 600 Komilih 150r Santa Rosa 400 Taht Mahmeli 100 Anegam - 200J Papago Reservation; permanent irrigation system, number of Indians, 600. . 50, 000 Total for Papagoes 120, 800 326 INDIAN APPEOPEIATION BILL. Mr. Carter. I think it should. Now, you have $8,000 for the Papago Reservation and again $50,000 for the Papago Eeservation, vSuppose you make an explanation of that. Mr. ScHANCK. The $8,000 for the Papago Reservation is to operate and maintain the present temporary pumping plant and to install another small pumping plant to care for the crops for the coming year and probably the next year until the large irrigation system can be put into working order. Mr. Carter. Then you ask $50,000 ? Mr. ScHANCK. The $50,000 appropriation is the first appropria- tion Mr. Carter (interposing) . The first appropriation for what ? Mr. ScHANCK. For the construction of the permanent irrigation system, which will ultimately cost $150,000. Mr. Carter. It is not the intention of the Indian Bureau to have any duplications in any of these items of appropriation to be made for special and definite purposes ? Mr. ScHANCK. No, sir; these Indians are most deserving and they will make use of it. Mr. Carter. The item of $-35,600 is to be used, I notice, for the necessary structures for the development of a supply of water for domestic use for eight Papago Indian villages in southern Arizona. Explain just what you mean by domestic use. Mr. ScHANCK. Water to drink and to cook with. Mr. Carter. Not for stock? Mr. ScHANCK. Well, stock, too; the three things. Mr. Carter. Those are the only purposes for which it is used, cooking, drinking, and for stock ? Mr. ScHANCK. And I think irrigation, where possible. Mr. Carter. I think not. I think it could not be used for irriga- tion purposes. Mr. ScHANCK. Of course, we do not ordinarily expect to find enough water which would be available for irrigation. Mr. Reed. I think that should be changed so as to include stock and irrigation. Mr. Carter. It seems to me it would be pretty hard to defend an item of $35,000 for water simply for domestic uses. Mr. ScHANCK. For stock purposes; that is the primary object of it. Mr. Carter. I think you ought to provide for that in the language of the bill. Mr. Meritt. I suggest that you incorporate after the words "domestic use," in Ime 9, the words "and for irrigation purposes." Mr. Carter. For irrigation purposes and for stock and domestic use. Mr. Meritt. Yes; that would be all right. indian appeopbiation bill. 327 Committee on Indian Affaibs, House of Representatives, Washington, December 16, 1913. The committee met at 10 o'clock a. m., Hon. John H. Stephens (chairman), presiding. Mr. BuEKE. What is the next item, Mr. Meritt ? Mr. Meritt. The next item reads: To enable the Secretary of the Interior to carry into effect the provisiona of the sixth article of the treaty of June 8, 1868, between the United States and the Navajo Nation or Tribe of Indians, proclained August 12, 1868, whereby the United States agrees to provide school facilities for the children of the Navajo Tribe of Indians, the sum of $100,000, or 80 much thereof as may be necessary, is hereby appropriated, out of an funds in the Treasury not otherwise appropriated, this amount to be in addition to any other funds available for that purpose. In carrying out the authority hereby con- ferred the said Secretary may expend said funds, in his discretion, in establishing or enlarging day schools or industrial schools, tribal habits and climatic conditions being considered, suitable for the education of said Indians. We offer the following justification in support of this item: Fulfilling treaties with Navajos, schools, Arizona. Fiscal year ending June 30, 1914, amount appropriated $100,000 Eiscal year ended June 30, 1913, no appropriation. According to the best obtainable information, there are approximately 7,000 reserva- tion and nonreservation Navajo Indian children of school age, and of this number about 1,750 are in reservation, nonreservation, and mission schools, leaving between five and six thousand without school facilities. There are at present 7 boarding and 10 day schools on the Navajo reservations. The superintendents of these schools can easily obtain pupils, but owing to lack of capacity they are compelled to turn away numerous applicants who desire enrollment. The parents are bitterly opposed to sending their children to nonreservation schools, which accounts for the small number now attending outside of the Navajo country. To help provide for additional educational facilities for these Navajo children, Con- gress appropriated $100,000 in the current Indian appropriation act. The following tentative apportionment has been made for the expenditure of this money during the current fiscal year, viz : Pueblo Bonito Reservation: Dormitorv building $8, 500. 00 Employees' cottages 7, 500. 00 Bam, laundry, and shop 9, 000. 03 Navajo Reservation: Chin Lee Boarding School, additional dormitory and dining room space 24, 000. 00 Lukachukai, new day school plant, consisting of employees' quarters, day school building, sriiall dormitory 15, 000. 00 Western Navajo Reservation : Boarding school, additional dorniitory space 15, 000. 00 Moencopi Wash, new day school plant 10, 000. 00 Marsh Pass, completion day school plant 5, 508. 90 Reserve (for small building projects) 5, 491. 10 Total 100,000.00 The capacity provided for by the expenditure of the appropriation of $100,000 at the schools above mentioned will take care of about 300 pupils, thus leaving about 6,000 still unprovided for. The $100,000 asked for expenditure during the coming fiscal year is to continue increasing the educational facilities for the children unpro- vided "for in the Navajo country. . The appropriation of $100,000 for the purpose of providing school facilities for the children of the Navajo Tribe of Indians is based on the sixth article of the treaty of June 1, 1868 (15 Stat. L., 667), ratified July 25, 1868, and proclaimed August 12, 1868. Article 6 of this treaty reads as follows: . . ^, • . , j.. "In order to insure the civilization of the Indians entering into this treaty, the necessity of education is admitted, especially of such of them as may be settled on said 328 INDIAN APPEOPE.IATION BILL. agricultural parts of this reservation, and they therefore pledge themselves to compel their children, male and female, between the ages of 6 and 16 years, to attend school; and it is hereby made the duty of the agent for said Indians to see that this stipulation is strictly complied with; and the United States agrees that, for every 20 children between said ages who cap be induced or compelled to attend school, a house shrill be provided, and a teacher competent to teach the elementary branches of an English education shall be furnished, who will reside among said Indians, and faithfully dis- charge his or her duties as a teacher. "The provisions of this article to continue for not less than 10 years." Subsequent to the date of this treaty. Congress for a number of years provided limited appropriations in pursuance of article 6 of said treaty. The inadequacy of these appropriations is apparent in the following item found in the Indian appropriation act of May 11, 1880 (21 Stat. L., 114, 121): " For last of 10 installments, for pay of two teachers, per sixth article of treaty of June 1, 1868, 12,000." According to the beat obtainable information there are approximately-7,000 reser- vation and nonreservation Navajo Indian children of school' age and of this number about 1,750 are in reservation, nonreservation, and mission schools, leaving between 5,000 and 6,000 Navajo Indian children without school facilities. It is believed that the Government is under moral obligations to provide adequate school facilities for the Navajo Indian children. These Indians have been greatly neglected and a large majority of the children are growing up in ignorance, and unless the Government does its part in preparing them for the duties of citizenship they will eventually become a burden to the citizens of the States in which they reside. Notwithstanding that the Congress has heretofore made limited appropriations in pursuance of the provisions of article 6 of the treaty of June 1, 1868, supra,' I am of the opinion that a specific appropriation with which to provide adequate school facilities for the children of the Navajo Tribe of Indians should be continued for a number of years. The original Navajo Reservation created by treaty with tribe in 1868 comprises 3,271,000 acres. By various Executive orders from 1880 to 1908 the area has been increased until it now comprises upward of 13,500,000 acres, including 2,700,000 acres which was carved out of the Navajo country by Executive order of December 16, 1882, for the Moqui Indians. About 2,000 Navajoes, however, still live within the boundaries of the Moqui reserve. The population of the entire Navajo Tribe approximates 30,000, of whom 10,000 live in Arizona and New Mexico outside the boundaries of existing reservations there. There is no authority for the disposal of any of the surplus lands within the Navajo Reservation, unless allotments are made and the surplus lands restored to the public domain by Executive order. Allotments have been made to 2,064 Indians within the reservation, covering approximately 330,000 acres, all of which, except 9,600 acres, fall within th-e State of New Mexico. This is the same amount that was carried in the bill last year fqr the Navajo Indians for educational purposes. Mr. Carter. I notice you have m here some new language: "This amount to be in addition to any other funds available for that pur- pose." What do you mean by that ? Mr. Meritt. We are asking that that language be pla,ced in the bill for the reason that we have a general appropriation for school purposes, and we thought that the comptroller might raise some question on this appropriation unless that language was included in the bill. Mr. Carter. What question do you think he would raise ? Mr. Meritt. He might want to limit the expenditures for school purposes to this one item for the Navajo Indians. Mr. Carter. And not permit you to use anything out of the general fund ? Mr. Meritt. Yes, sir; and if that was the case, it would ^screase the educational facilities for these Indians rather than increase them. Mr. Carter. I notice you have also the words: "Or enlarging" day schools or industrial schools. What is the purpose of thftt? INDIAN APPEOPEIATION BILL. 329 Mr. Meritt. That is for the purpose of increasing the faoihties at such schools as are now in existence. Mr. Carter. What plans have you for enlarging these schools ? Mr. Meritt. Our justification shows where we have expended the $100,000 in the last Indian appropriation act. Mr. Carter. Under the last appropriation act, you did not have permission to enlarge the day schools, I take it, or you would not have put these words in this item ? Mr. Meritt. We thought we had permission under the language, but we wanted to make it absolutely clear, so that neither the auditor nor the comptroller would raise any question about it. Mr. Carter. Now, you mean to say you want the authority put into this bill to do what the changed language allows you to do in addition to these things you have been doiiig under the old bill ? Mr- Meritt. Yeg, sir. Mr. Burke. With regard to the form of the amendment, you have the words: "Or so much thereof as may be necessary is hereby ap- propriated from any funds in the Treasury not otherwise appropri- ated." Are not those words surplusage ? Mr. Meritt. We used the same language that was contained in the bill last year. Mr. Burke. On page 6 of this bill is the item for Indian day and industrial schools. Last j'ear the appropriation was $1,420,000. That money is available for education among the Navajos, is it not ? Mr. Meritt. It is available, but we are not able with our present large number of schools to provide school facilities out of this appro- priation for the practically 5,000 Navajo children who are now with- out school facilities. Mr. Burke. Why would it not be better, if we are going to make a specific appropriation for the Navajos, to make the amount all that may be expended for the education of these Indians, and if more than the amount herein stated is necessary, to add to it and pay it out of the amount estimated for the support of schools generally ? Mr. AIeritt. Certain treaty provisions, Mr. Burke, would make that undesirable. The Government has entered into solemn treaty stipulations to provide school facilities for the Navajo children. The Government has not yet comphed with those treaty provisions, and if we could handle the item as a separate proposition and as a treaty item and with appropriations covering a period of years, we could provide ample school facilities for those Navajo children. Mr. Burke. Generally speaking, it does not appeal to me to make a specific appropriation and general appropriation for the same pur- pose, and I am not in favor of it unless there is some justification that will warrant it. Mr. Meritt. In this case we have a treaty with the Indians, and this item is in compliance Avith the treaty provisions between the Gpyernment and those Indians. Mr. Burke. Yes; but we are aheady appropriating money, or expending money, for their education, which is a gratuity, and yet we are required by the treaty to furnish them Avith an education. Wliy not provide it all as a treaty obhgation, rather than part of it out of the funds as a gratuity and part that is claimed to be appro- priated because of trekty obligations ? 330 INDIAN APPBOPEIATION BILL. Mr. Meritt. We are using this appropriation, Mr. Burke, to enlarge the school facilities, and we are using the other appropria- tion to support the schools after they are provided. The two appro- priations are for different purposes. Mr. Burke. The treaty obligation with the Navajo Indians requires the erection of schoolhouses throughout the reservation at certain distances — I do not remember just the details. What are the facts of that treaty? Mr. Meritt. Article 6 of the treaty of June 1, 1868, 15th Statutes, page 667, ratified on July 25, 1868, reads: In order to insure the civilization of the Indians entering into this treaty, the neces- sity of education is admitted, especially of such of them as may be settled on said ' agricultural parts of this reservation, and they therefore pledge themselves to compel their children, male and female, between the ages of 6 arid 16 years, to attend school, and it is hereby made the duty of the agent for said Indians to see that this stipulation is strictly complied with, and the United States agrees that for every 30 children between said ages who can be induced or compelled to attend school a house shall be provided and a teacher competent to teach the elementary branches of an English education shall be furnished, who will reside among said Indians and faithfully dis- charge his or her duties as a teacher. Mr. Burke. Now, last year there was appropriated $100,000 upon the representation that that amount was necessary to establish the schools contemplated by that language that you have just read. Do i understand that it is going to take $100,000 every year to build schoolhouses and maintain them ? Mr. Meritt. It is going to take $100,000 for probably three years to provide school facilities for these Indians, in compliance with the treaty provisions with the Government. Mr. Burke. Then, after the buildings are secured, the cost of maintenance will be very much less, I presume, than $100,000 a year? Ml". Meritt. Oh, yes. Mr. Burke. Now, I am inclined to think before the committee will approve this item they will have to have information, when they come to the general item, of how much money is being expended for the education of the Navajo Tribe from that item. Mr. Meritt. We will be glad to procure that and place it in the record. Before we leave this item, Mr. Burke, I would like to say that the Navajo Indians have received less consideration from the Government than any other large body of Indians in the United States. Mr. Carter. They are about the most seK-supporting, aren't they? Mr. Meritt. They are practically self-supporting, but their chil- dren have received but little educational advantages. They are growing up in ignorance, and it is unjust to the Indians. Mr. Burke. There is no question at all about the merits of the proposition, but the language in line 21 will suggest on the floor of the House these inquiries that we are making, and we will have to have the information. Mr. Meritt. The information you request on that subject, Mr Burke, is furnished in the following tabulation: INDIAN APPEOPBIATION BILL. Navajo schools, 191S. 331 Leupp School Navajo schools Pueblo Bonito School San Juan School Total Additional expenses, in part for the Navajo Indians Moqui schools ■ Western Navajo schools * Total Indian schools support. J14, 438. 47 77,981.28 6, 895. 60 24, 762. 18 124, 077. 63 40, 223. 08 18, 660. 66 Indian school and agency buildings. S103.31 6, 168. 82 11,254.88 4, 404. 38 21,921.3 3. 154. 07 8,883.11 12, 037. 18 Other funds. $1, 020. 8S 11.90 1,338.51 2,371.29 52. 60 2, 649. 67 2, 702. 17 Total. 814,641.78 85, 160. 98 18, 162. 38 30,505.07 148, 370. 21 43, 429. 75 30, 093. 34 73, 623. 09 ' Moqui and Navajo Indians. ' Moqui, Navajo, and Paiute Indians. The Chairman. What is the next item ? Mr. Meeitt. The next item reads as follows : To enable the Secretary of the Interior to provide school facilities for the children of the Papago Tribe of Indians in Arizona the sum of $50,000, or so much thereof as may be necessary, is hereby appropriated out of any funds in the Treasury not other- wise appropriated, this amount to be in addition to any other funds available for that ptirpose. We offer for the record the following justification: The Papago school population is eatimated to be 1,220. It is thought that, including all nonreservation members of the tribe, the number is considerably larger, and the Government has never provided any home schools for this tribe except one day school with a capacity of 40. A mission school with a capacity of 150 has during recent years been maintained and operated by the Government. This makes a total Government home school capacity of 190 pupils. There are several mission schools on or near the reservation, and quite a number of children attend nonreservation schools. However, lit is estimated that between 800 and 1,000 Papago children of school age are entirely without school facilities. The Papagoes live in villages; therefore it will be feasible and advisable to provide school facilities for them by building day schools. This will make it possible to pro- vide school facilities for all of these children at very much less expense than where the conditions make boarding schools necessary. The maintenance expense will likewise be very small comparatively. There are probably 12 to 15 Papago villages where good day schools can be maintained. These Indians are a very worthy class of people and ask no assistance from the Government except that school facilities be provided. This item of $50,000 should be included in the bill this year, in order that the Papago children may not longer be permitted to grow up in ignorance. The Chairman. Let me ask you at that point whether the word "day" should not be inserted after the word "provide" in line 3, malong it read, "To enable the Secretary of the Interior to provide day school facihties?" If that is the object of it, and that must be the object of your recommendation, why not make it plain ? Mr. Meritt. Yes, sir; we would have no objection to that amend- ment. The Chairman. Has there been any investigation made on the ground and is your department in possession of facts sufficient to enable you to know where these schools should be placed; and if not, would it not be better to make your recommendations after you have made you investigations, in order to know how many day schools there are to be and where they should be placed, so the committee and Congress may legislate intelligently ? 332 INDIAN APPEOPRIATION BILL. Mr. Meritt. Our school supervisors have reported to the office regardmg the condition of the rapago Indians and their lacli of school facilities. We now have sufficient information available to enable the office to handle this appropriation properly. The Chairman. Will you furnish us the information that you speak of relative to this matter ? ,j Mr. Meritt. Yes, sir. The information is as follows: The following localities in the Papago country have been reported upon by repre- sentatives of the office, and schools should be established at these places as soon as funds become available. The Papagos have been very urgent in their requests for Government day schools, and insist that this is the form in which they most desir? the Government to aid them. At Indian Oasis there are from 30 to 40 Indian families within a radius of 3 miles. At San Miguel there are about the same number of Indians. The village of Topowa is about 13 to 14 miles southeast from Indian Oasis. There are about 30 to 40 Indian families there. At Coyote, 45 miles southwest from Tucson, there are between 30 and 40 families. There is an abundance of water reported there. At San Pedro, 8 miles north from Coyote, there are 12 Indian families. At Baboquivaria, about 30 or 40 miles northeast from Indian Oasis, there is a splen- did site for a boarding school, should it be found desirable to construct one. The location is ideal, there being plenty of water available. Mr. Carter. Mr. Meritt, on page 6 of the bill^ item 5, you had an appropriation last year of $1,420,000 for the support of Indian day and industrial schools not otherwise provided for. Mr. Meritt. Yes, sir. Mr. Carter. And for other educational and industrial purposes in connection therewith ? Mr. Meritt. Yes, sir. Mr. Carter. This -year you ask for $1,500,000, an increase of $80,000, and then you ask for $50,000 in this item, which is for exactly the same purpose. Mr. Meritt. This is to provide additional school facilities; it is to care for Indian children who are now without school facilities. If the other appropriation were sufficient we could use it for this purpose. Mr. Carter. Then, why not have the $50,000 appropriation — if wp should appropriate it — come in this item ? Mr. Meritt. We would have no objection to that going in as a proviso on that general item. Mr. Carter. If you had it there you could establish the Papago schools, could you not ? Mr. Meritt. No, sir; that would not be advisable, Mr. Carter, for the reason that if that were done we could not use any of that appro- priation for constructing day schools. It would only be available for conducting the schools however the plant was equipped. Mr. Carter. How much do you want for the construction of these schools ? Mr. ilERiTT. It will probably require a good part of this appropri- ation the first year for providing facilities. Mr. Carter. Can you give me any estimate of how much it would cost? Mr. Peyton Carter. The supervisors have reported that there are several places very suitable for the construction of day schools, and in those communities a day school will cost $15,000; that is, a com- plete day-school plant. INDIAN APPEOPRIATION BILL. 333 Mr. Carter. It will cost $15,000 to build the day schools ? Mr. Peyton Carter. Yes; from 112,000 to $15,000 to properly construct a day-school plant. Mr. Carter. Do you contemplate building anything but fram« houses ? Mr. Peyton Carter. Well, they would probably be of adobe con- struction there; we could not tell until the exact location had been determined upon. Mr. Carter. You do not contemplate building anything but the schoolhouses, do you ? Mr. Peyton Carter. Schoolhouses and quarters; those are neces- sary for the teachers and employees, and a small industrial room for the pupils. Mr. Carter. How many of those plants do you contemplate con- structiug with this $50,000 « Mr. Peyton Carter. There are 12 villages reported upon as being so situated that a school would be desirable. The villages of Indian Oasis and San Miguel, and one or two others, the supervisors have agreed should have school buildings constructed, and then extending the schools to other places just as rapidly as funds are available. Mr. Carter. That would mean in the end about $180,000 for the construction of buildings — 12 at $15,000 each. Mr. Peyton Carter. Well, if buildings were constrticted at each place; yes. Mr. Carter. That is what you ultimately contemplate doing, is it not ? Mr. Peyton Carter. I think the plan would be to ultimately ask for additional appropriations each year until a sufl&cient number of schools were provided so that they could all get into some school. Mr. Carter. Mr. Meritt, you have a provision here for the con- struction, lease, purchase, repairs, and improvements of schools and agency buildings. Mr. Mekitt. Yes, sir. Mr. Carter. Last year you had $400,000 and you ask $80,000 more? Mr. Meritt. Yes, sir. Mr. Carter. The proper place for this $50,000 to come would be under that head, would it not ? Mr. Meritt. That would be satisfactory to us, to have the item come under that head. Mr. Carter. I think it would be much better to have those tlungs come ia one lump sum, because if we should take them in the way you have asked us to take them we would find ourselves in an embar- rassing position, the members of the committee accusing us of trying to get a direct appropriation for this specific purpose, and then havmg the right to take money out of another appropriation for the same purpose. In other words, the committee would charge us with trying to deceive them. Mr. Mekitt. We would have no objection to that being done. The Chairman. Proceed to th« next item. Mr. Mekitt. The next item reads: For continuing the development of a water supply for the Navajo Indians on the Navajo Reaervatidn, $50,000, to be immediately available, and to reinain avWlable until expended. 334 INDIAN APPEOPEIATION BILL. The following justification is offered for the record: STATISTICS, NAVAJO RESERVATION. Census 1913 24, 606 Present inrigable area, depends upon water found. Irrigated area, none under this heading. Estimate for fiscal year 1915 $50, 000 Cost of completed project, not estimated. This appropriation is mainly for securing domestic water supply. Water is desired in this region, both for stock raising and for agriculture. Water supply for a grazing country involves not a few large supplies but many small ones; not an increase by storage of water where water is, but moderately permanent supply where at present it is not found. An ideal development of water would be to secure moderate supplies 8 to 10 miles apart over the entire reservation; enough water at each place to irrigate small gardens and at the same time to supply 200 to 500 head of sheep. To fulfill these conditions there is demanded not only the use of surface water, but also the utilization of rain water, the development of springs, and the sinking of wells. The Navajo's means of livelihood is in his sheep. He receives fair prices for the wool in the rough and better prices for blankets. Mutton is his chief article of diet, and this in connection with the proceeds of the sale of wool and blankets enables him to secure an independent living. In fact, so important is the sheep in this region that the physical improvement of the Navajo is largely dependent upon improve- ment in sheep raising, which in turn depends upon an increased water supply so distributed as to make it possible to use all the natural grass lands, as well as to increase the supply of fodder by artificial means. Under present conditions highly bred sheep will not prosper in this region, for they can not stand the travel necessary to secure water. Total area of reservations, 11,976,083 acres; tribes, Navajo and Moki; total, census 1910, 27,711. Project. — Well drilling. Location and climatic conditions. — Counties, Apache, Navajo, and Coconino; raU- roads on and acljacent, Atchison, Topeka & Santa Fe; railroad stations, Gallup, N. Mex., Williams, Ariz. ; market for products, Indian traders and above towns. Well drilling on the Navajo and Moki reservations. — The well-drilling operations on these reservations is for the purpose of furnishing domestic and stock water, and not for irrigation. The amount of water furnished by each well is too small for the latter purpose. Rig No. 1 has been exploring for artesian water at Keams Canyon, with the idea of irrigation if it was struck. After going 1,309 feet it was decided by the geologist who recommended trying at that point that there was no artesian water in this particulai district and drilling was stopped in April. The following is a statement of the work done by the drilling rigs: Rig No. Time of operation. Good wells. Dry holes or bad water. Holes. Feet driUed. Holes. Feet drUIed. 2 Fiscal year: 1912 8 6 708 533 18 15 1,169 1913 1,097 Total 14 1,241 33 2,266 (242) Fiscal year: 1912 3 12 7 924 516 1 6 90 1913 637 Total 19 1,440 6 727(326) 4 Fiscal yeai': 1912 3 10 352 410 1 2 116 1913 68 Total 13 762 3 184(417) Grand total 46 3,442 42 3,177 INDIAN APPEOPKIATION BILL. 335 The Chairman. I notice that you have changed the language in lines 9 and 10. In line 9 you hare inserted the word "continuing" and in line 10 you have inserted the words "on the Navajo Reserva- tion." Why did you do that « Mr. Meritt. It is intended to use this appropriation on the reserva- tion rather than on the public domain. We have about 25,000 Navajo Indians living on the Navajo Reservation; they have about 12,000,000 acres of land. A large part of this land is fit only for grazing purposes, and these Indians have large herds of sheep, and they are now without adequate water to properly stock their reserva- tion. It would be of great benefit to those Navajo Indians if we could procure an additional water supply for them, and if that were done they would become absolutely self-supporting. The Chairman. Are we to understand that you want to insert the words "on the Navajo Reservation" in order to prevent its being used on the public domain ? Mr. Meritt. It is the intention to use this appropriation ex- clusively on the reservation. The Chairman. Why have vou raised the amount from $15,000 to $50,000 ? Mr. Meritt. We find that we can expend that much money during the next fiscal year to advantage in developing a water supply for those Indians, largely in drilling new wells and making small reservoirs within the boundaries of the reservation. The Chairman. Would that enable you to collect together enough families to provide day schools for these Indians ? Ml'. Meritt. That is our hope. In developing a water supply we hope to develop along with it a school system for the Indians. The Chairman. Do you think the Indians could then be induced to settle in communities, or in the same township, if water could be procured for them, so that schools could be furnished them ? Mr. Meritt. We expect that result following the development of our water supply. We expect that this water supply will cause famihes to congregate around the wells or the reservoirs so that we can establish schools for the children of the Navajos. The Chairman. Can you tell us how that $15,000 was expended and how much water has been developed since the last appropriation was made ? Mr. Meritt. Work has just begun under the appropriation "Water supply, Navajo Indians," and no analysis of expenditures can be made. The $15,000 will keep three small weU-driUing outfits and one spring development crew going through the remainder of the fiscal year. Mr. Carter. In what way are you going to use this water supply ? Mr. Meritt. We are going to use it for the benefit of the Indians in supplying them with water for domestic purposes as well as water for their sheep. Mr. Carter. For their stock? Mr. Meritt. Yes, sir. Mr. Carter. You do not intend to use any of it for irrigation purposes ? Mr. Meritt. Primarily it is for domestic and stock purposes, but we will use part of it for irrigation purposes, provided we can secure sufficient water. 336 INDIAN APPROPRIATION BILL. Mr. Carter. Whare does this water supply come from ? Mr. Meritt. We will get it from the surface and also frOm an underground supply. Mr. Carter. You mean you will build reservoirs to catch the water ? Mr. Meritt. Yes, sir. Mr. Carter. And what was the other source you mentioned ? Mr. Meritt. The underground water supply. Mr. Carter. How many Indians did you say there Were ? Mr. Meritt. There are about 25,000 Indians living on the Navajo Reservation and they have about 12,000,000 acres of land. Mr. Carter. Is not that quite a large per capita for getting a do- mestic water supply — .150,000 ? That would amoimt to $2 per capita. Mr. Meritt. That is for their cattle and sheep as well as lor irrigation purposes. It is a very small amount for such a large area and such a large number of Indians. For example, up on the Fort Peck Reservation the Reclamation Service is now constructulg a project that it is estimated will cost $6,000,000, and we have only 2,000 Indians on that reservation. Mr. Carter. But that is for irrigation purposes. Mr. Meritt. Yes, sir. Mr. Carter. They are not building a $6,000,000 plant to furnish a domestic water supply ? Mr. Meritt. No, sir; this is not entirely for a domestic water Supply; it is for domestic and stock purposes as Well as for ififigfttfon purposes. Mr. Carter. That is what I wanted to get at. Now, Ifi^t year you had $15,000. How long has this appropriation bieen running? Mr. MeiIitt. This last year, I believe', was the first year that we had a specific appropriation. Mr. CartebI. I beheve you said you would put in the record an analysis of the expenditure of that moriey. Can y'ou give nie soine statement of the results that you have gotten from the expenditure of it Isist year ? Mr. Meritt. You seei, this appropriation is available for this fiscal year. Mr. Carter. This $15,000 ? Mr. Meritt. Yes, sir; and we are just starting in. Mr. Carter. This' year was the first year ? Mr. Meritt. Yes, sir. Mr. Carter. Well, what results^ have you gotten this y^ar, if you can tell us ? Mr. Meritt. We are operating a well-drilling outfit on the reserva- tion, and prior to this specific appropriation we ilsed a certain amount out of the general support fund, and we drilled a number of \fellS'on that resetvation which have proven of great benefit tt) the Indians. Mr. Carter. You have already drilled a number of we^Hs? Mr. Meritt. Yes, sir. Mr. Carter. Now then, Mr. Stephens asked you about the chaflge of language hete ; that is, "on the Navajo Reservation." That, of course, is a restriction? Mr. Meritt. Yes, sir. Mr. Carter. Would you not have the right to use that money for just the specific purpose stated in the biU? INDIAN APPEOPBIATION BILL. 337 Mr. Meritt. Yes, sir. Mr. Meeitt. The next item refers to an appropriation of $25,000 for a hospital on the Pima Eeservation, in Arizona. The item reads as follows : For constructing, equipping, and maintaining a hospital on the Gila River Reser- vation, for the use ajud benefit of the Pima aind such other Indians as the Commissioner of Indian Affairs may designate, $25,000. We submit in justification of this item the following statement: Vital statistics and statistics showing the prevalence of disease on the Pima Reservation for the fiscal year 1913. Place, Pima (Gila River) Reservation. Population 4, 096 Births: During year 301 Per thousand 73 Deaths: During year 201 Per thousand 49 Under 3 years 58 Due to tuberculosis: During year 116 Per thousand 28 Housing: Permanent houses 1, 449 Tents, tepees, etc 75 Bouses having floore 23 Prevalence of disease: Examined for disease 3,233 Number of cases of tuberculosis found 472 Prevalence of disease — Continued. Estimated all forms of tubercu- losis 645 Trachoma found 367 Estimated trachoma 819 Operated for trachoma 86 Treated for trachoma (not op- erated) 232 Hospital facilities: School 1 Character of construction, adobe. Capacity 8 During fiscal year 1913 — Admitted 148 Total treated 148 Discharged 148 The findings of the Public Health Service report in Senate Document No. 1038, show that of the 943 Indians on the Gila River Reservation examined for trachoma 326, or 34 per cent, were found to have trachoma. The percentage found in Arizoda of liachoma by the Public Health physicians was 24.90 per cent, the percentage for the Gila River Reservation being 10 per cent higher than for the State. Dr. Franks, of the United States Public Health Service, states: "The trachoma situation among the Arizona Indians is extremely grave because of the enormous infection among them and its rapid spread from year to year and because the tribes with the highest infection are in closest contact with the whites." In addition to the high percentage of trachoma, tuberculosis, as shown by the above statistics, is very prevalent. Four hundred and seventy-two cases of tuberculosis are reported by the physicians on the Gila River Reservation and they estimate that there are at least 645 cases present. During the fiscal year 1913 there were 116 deaths due to tuberculosis and the death rate of 28 per cent per 1,000 due to tuberculosis. The death rate from all causes on the Pima Reservation is 49 per 1,000. Comparing this with the death rate in the registration area of the United States, the death rate from all causes among whites is 15 per 1,000. The death rate due to tuberculosis on the Gila River Reservation is 28 per 1,000 among Indians, while the death rate due to tuberculosis among the whites is 1.73 per 1,000. The prevalence of disease on the Pima Reservation is appalling and adequate facilities for treating these cases are urgently needed. There is one small adobe building which is now being used for a sbfiool hospital, having a capacity of 8 patients. This building is hardly worthy of the name of hospital, since it consists of only three small rooms in an inadequate adobe structure whose walls are rapidly crumbling to pieces. It is a building which_ would hardly be considered fit for use as a stable and has no modern facilities. It is only available for use for pupils at the Indian school at Sacaton, and there is no place on the reservation where Indians other than school pupils can receive adequate treat- ment. 24455—14- -22 338 INDIAN APPBOPEUTION BILL. Mr. BxiRKE. In addition to the statement which you have just read, have you anything further that you wish to say in support of this item ? ' Mr. Meeitt. Only that these Indians are now without any hos- pital facilities to speak of. There are a large number of Indians on this reservation, more than 5,000, and they are in serious need-of hospital facOities. This appropriation, if given, will enable us to care for these Pima Indians, who have in the past always been friendly to the Government and who are peaceable, law-abiding Indians de- serving of this consideration. Mr. BuEKE. Is it asked upon the basis that, if this institution is estabhshed, it will take care of the Indians in that particular locality? Mr. Meeitt. On the Pima Reservation, yes, sir; including about 1,500 Papagoes under this jurisdiction. Mr. BuEKE. Just awhile ago you stated about how many there are? Mr. Meeitt. Yes, sir, there are over 4,000 Pimas and about 1,500 Papagoes. The committee met at 10 o'clock a. m., Hon. John H. Stephens (chairman) presiding. The Chaieman. What is the next item ? Mr. Meeitt. The next reads: For the purchase of lands for the use and benefit of Indians under the jurisdiction of the superintendent of the Camp Verde India,n School, Ariz., $20,000, to be imme- diately available and to remain available until expended: Provided, That the lands purchased for said Indians shall be held in trust and be subject to the provisions of the general allotment act of February 8, 1887 (24 Stat. L., p. 388), as amended. Mr. Chairman, we are asking here for an appropriation of $20,000 to purchase lands for the Indians under the jurisdiction of the super- intendent of the Camp Verde Indian School. I have a short justifi- cation here which I will read: The records of the Office of Indian Affairs show that the Indians under the super- vision of the superintendent of the Camp Verde Indian School, Arizona, are m a deplorable condition. There are no Indian lands or reservation belonging to these Indians, and none of them are allotted even on the public domain. Their original home was in the Verde Valley until they were sent to San Carlos as prisoners of war, and when upon being released they returned to their home, they found all of the land suitable for anyone to live on had been taken up by white settlers. They have no rights on any other reservations. These Indians are scattered from Camp Verde, west 42 miles to Prescott, north 26 miles to Jerome, southwest 40 miles to Mayer, and northeast 10 mUes to Beaver Creek. There are 417 of these Indians, mostly full bloot's, none of whom live in permanent houses, but exist in tents, tepees, and shacks erected in waste places and eke out a precarious existence as best they can. That they are willing to work, if given a chance, is shown by the efforts of those who have been permitted to cultivate a few acres of land belonging to the Camp Verde Indian School, and it is proposed to purchase one or two tracts of land and locate these Indians thereon, giving them an opportunity to erect homes and raise sufficient produce for their own use. It is estimated that the amount asked for, if allowed, would mean $47.96 per capita, or approximately 1160 per family, thus enabling each family to have 2 acres of land to cultivate and on which to erect a home. This estimate is based on the prevailing cost of lands in the Camp Verde Valley. , The Indian population under the jurisdiction of the Camp Verde Indian School approximates 425. There is no "reservation" here for the benefit of these Indians, a small tract of land having been purchased for a day-school site in 1910, of which 18 acres only are irrigable. INDIAN APPEOPKIATION BILL. 339 I would supplement that by saying that probably no band of Indians in the United States needs the assistance of the Government more than do these. The Chairman. What tribe do they belong to ? Mr. Meritt. They are connected with the Apache Tribe and were formerly prisoners of war on the San Caiios Reservation. When they were released, they found that the land on which they had made their former homes — all of it that was worth anything— had been taken up by white people. The Chairman. Where did they originally live ? Mr. Meritt. In the Camp Verde Valley, in Arizona. The Chairman. Hasn't the Government some reclamation projects in that vicinity ? Mr. Meritt. Yes, su-; we have a reclamation project on the Salt River reservation, but that is quite a distance from where the Camp Verde Indians are now living. The Chairman. Haven't we some also on the Colorado River? Mr. Meritt. Yes, sir; we have a small irrigation project on the Colorado River. The Chairman. Would it be advisable to give these Indians land under either one of these irrigation projects ? Mr. Meritt. It probably would be more expensive to give them allotments under these projects than to buy land for them where they are now located, as w^ find that it is somewhat difficult to remove Indians from the locality in which they have lived to another locality. We had that experience, you will remember, in the case of the Camp McDowell Indians. The Chairman. Did you say that these Indians have small farms ? Mr. Meritt. No, sir; they have no land whatever at this time. They are simply existing, being driven from pillar to post, and they are living in tents in waste places, and when white people Vv'ant to utilize the land upon which they are Hving they are required to mova elsewhere. The Chairman. Isn't there public domain all over the United States that they could be settled on ? . . Mr. Meritt. There is a provision in the last Indian appropriation act, Mr. Chairman, which says, in connecaon with the allotment appropriation, that no part of it shall be used lor the survey, reiurvey classification, or allotment of any land in severalty upon the pubhc domain to anv Indians within the State of New Mexico and the State of Arizona. Therefore, we will be handicapped m locatmg these Indians on the public domain in Arizona, because of this pro- vision of the law. The Chairman. Suppose we should give special authority ior locating them on the public domain? I do not see why we should buy land if we have pubhc land upon which they could be located. Mr. Meritt. If we had authority of law to do that, we might take care of these Indians in that way. At the same time, I think it would be well to provide for that by an appropriation, so that we could give them land in the locality in which they have lived, as practically all the public land in that locahty has been taken up. The Chairman. The point is that they would not desire to ieav3 the country that they now occupy; that it would be hard to get them to move away from there ? 340 INDIAK APPKOPEIATION BILL. Mr. Meritt. Yes, t^ir. The Chairman. The Camp McDowell Indians had a reservatioi that ]iad been set apart for them many years ago and they ha( lived upon it, while these Indians went on the warpiarth and cami to this part of the country without any authority from the Gov- ernment ? Mr. Meritt. Yes, sir. These Indians have been living in th( Verde Valley for a number of years — 15 years — and have probablj become attached to that part of the country, as the Camp McDowel Indians were to their reservation, and you will remember that it was only proposed to move the Camp McDowell Indians about 15 miles onto an irrigated section under the Roosevelt Dam, and they ob- jected to leaving tlicir arid homes and taking up irrigable land undei this project. The Chairman. That proposition, as I understand it, was that they were to use the water from these wells, and they refused' to do that. The pumping was to be done from the RoGsevelt Dam. Mr. Meritt. This was on the Salt River Reservation, uSder the Roosevelt Dam, and they were to get water from the reservoir, but they refused to go there. Mr. Burke. As I understand it, these Indians now are living in tents and in camps anywhere they can find vacant land? Mr. Meritt. They are living in tents, but. not in a camp. They have no lands of their own and are simply on waste places whefever they can find a location until white people remove them. The Chairman. How long have they been in that vicinity ? Mr. Meritt. They moved from the San Carlos Reservatiorl about 15 years ago. They were brought to the San Carlos Reservation as prisoners of war. The Chairman. As I understand it, from this report and your statement, thoy arc scattered over a radius of about 40 s^are itiUes? Mr. Meritt. They are scattered over quite a large radius around the Camp Verde School. The Chairman. Well, it is proposed now to buy land for them in one vicinity, or to buy a tract here where each Indian now resides ? Mr. Meritt. It is proposed to buy land not in one tract, but in Small tracts, whenever we can buy to the advantage of the Indian. The Chairman. In order not to remove him very far from the region where he is now located ? Mr. Meritt. Yes, sir; that is the idea. The Chairman. Upon whose land do they reside now? Mr. Meritt. Upon anybody's land where they can find a temtio- rary location. They simply move from one place to another. They are reaUy trespassers as tney are now living. The Chairman. What do you expect you will have to pay for land for this purpose, per acre ? Mr. Meritt. Land in that locaHty will probably cost about |40 to 150 per acre. It is rather valuable land. The Chairman. This $20,000 would not be sufficient to provide what you desire for all of these Indians, would it ? Mr. Meritt. Well, it will buy enough land so that they can have a place on which to live. We figure that we could buy about two acres for each head of a family out of this appropriation, and that INDIAN APPEOPEIATION BILL. 34.1 will give them a permanent location and sufficient land on which they can have a garden. The Chairman. Then your plan only contemplates the purchase of two acres for the head of the family, not for each individual ? Mr. Meeitt. Yes, sir; that is about what we will be able to pur- chase out of this appropriation. The Chairman, under what governmental supervision have these Indians been heretofore or are now ? Mr. Meritt. They are under the general care of the superintendent of the Camp Verde Indian School. The Chairman. Has anything been expended in any way for their support, or are they supported out of the appropriation item for the support of Indians in Arizona ? Mjl. Meritt. The superintendent of the school hrs a school farm and he has been helping these Indians as much as he can from the school farm, but I could not tell you if these Indians have received any assistance from the general support item for Indians in Arizona and ^&w Mexico. The Chairman. Ar-e the children being educated ? Mr- MsJBiTT. We are providing for as many of the children as we can in the school. The Chairman. As a band, or tribe, they have no land, th«n? Mr. Meritt. No, sir; not as a band or tribe. The Chairman. And no money? Mr. MiiECTT. No, sir. The Chairman. It is the thought that if you can obtain 2-acre tracts for each family, that they can be induced to erect a house and live upon it, and not leave it after a short time ? Mr. JiIeritt. That is our idea. It will give ttem some permanent place of abode and land on which to have a garden, and they can mate additional money as laborers. The Chairman. The appropriation, of course, would be entirely gratuitous ? Mr. Meritt. Yes, sir; it is entirely gratuitous. Jilr. Cajkter. What Indians do you say these are. Mr. Meritt ? Mr. Meritt. They are a branch of the Apache Indians. About 15 years ago they were prisoners of war upon the San Carlos Reservation, and after they were released they found that the land on which they had lived formerly had been taken up by white people. Mr. Carter. Well, when they left this land there were no white people on it to amount to anything ? Mr. Meritt. No; when they left their land there were no settlers on it. Mr. Carter. And when they came back the land was settled up ? Mr. Meritt. Yes, sir; the land was settled when they returned. Mr. Carter. It was their reservation, was it ? Mr. Meritt. I do not think it was their reservation. They had been living on practically the public domain and they had not ac- quired title to it. Mr. Carter. How long had they lived there ? Mr. Meritt. I could not tell you now, Mr. Carter, definitely, Mr. Carter. How many are there of these Indians ? Mr. Meritt. Four hundred and seventeen. 342 INDIAN APPEOPEIATION BILL. Mr. Carter. Are these lands that you ai'e })roposed to get for them irrigable lands 1 Mr. Meritt. Yes, sir; they are in the valley, and I think some of the land that we will buy is irrigable land. Mr. Carter. Can you produce crops there without water? Mr. Meritt. In the valleys ; yes. Mr. Carter. Do you think that 2 acres would be sufficient to main- tain a family on ? Mr. Meritt. It will be a big improvement over what they now have; and we would like to have at least that much of an appropria- tion for these homeless Indians. Mr. Carter. I understand; but, you see, if we start in on thatf thing the chances are that we will find in the future that is not enough to support them, and I would like to know something about what we can expect this appropriation to run in the future. Do you think this will be the last we will be called upon to appropriate for them ? Mr. Meritt. I would not like to say, but it is my opinion that' we wiU not be back here next year to ask for another appropriation for these Indians. They are really in a serious condition, and I think they are very deserving and are entitled to some consideration from Congress. Mr. Carter. I think you are right about that, but you see we are also entitled to know what we may expect to do when we start in. pjMr. Meritt. We are asking for this appropriation now to enable these Indians to help themselves, to place them in a position where they wUl be better able to take care of themselves. The Chairman. It is contemplated to locate them near the school where the children can be educated ? Mr. Meritt. Yes, sir; for the Indians who have been living near the school, if we can buy land for them in that locality. The Chairman. Have you investigated to know whether or not you could buy land there or to know what you wiU have to pay for it? Mr. Meritt. The land there will cost us about $40 per acre on the average. The Chairman. Then 2 acres per capita will be about $80 for each Indian, and if there are five in the family, that will be $400 ? Mr. Meritt. We expect to have $160 per family. The Chairman. Suppose a person had no family. Do you think that it would be the right thing to do in that case ? Mr. Meritt. If they are married people, I think we ought to pro- vide them with a home, and that land would be inherited by their relatives. We will give this land to these Indians under a trust patent, subject to the general allotment laws, so that title will be in the Government and the Indians will be protected. The Chairman. Then your idea would be to put them on the same footing as the CaUfornia homeless Indians — furnish them land i;s near as practicable to the place where they reside now? Mr. Meritt. Yes, sir. Mr. Burke. Mr. Meritt, I beUeve it would be a bettbr way to take Care of these, if there is any money available to accomphsh what I have in mind; that is, for us to provide sufficient money to have the matter carefully reported upon, and in each instance where it would be advis 'ble to require land to secure an option on it andrcport at INDIAN APPEOPEIATION BILL. 343 the next Congress, so that we will know definitely what it would cost and have more infoimation than we have at" present, on the theory of provisions that we have put into the bill on former occa- sions, where there was a proposition, for instance, to build a bridge. The difficulty about tfiis item now is that there is great uncertainty as to just what can be accomplished — how mucli more money may be necessary to cany out what we wish to do when we start into it. One year's time is not very long, and, in f;ict, would not delay it. If we had at the next Congiess a proposition that was definite' and we knew just how much money it w; s going to take, and it appeared to be a desirable thing, the appropriation would be made; and so far as the results sought to be attained are concerned, it will be accomplished almost as quick as it would if we put that item in now. The Chairman. I would suggest that we took the same course in respect to the Seminoles in Florida and the Alabama Indians in Texas. We made a srnaU appropriation of $5,000 for the purpose of ascertaining the conditions and ascertaining whether or not the Government should take charge of them. Mr. BtJRKE. Generally speaking, when Congress appropriates money that is to be used for the purchase of lands, it costs twice as much to get the land as it does if you get an option on the land before the appropriation is made. Mr. Caeter. People go up in the price of their land when they know it is going to be purchased. Mr. Burke. Certainly; but if the proposition is put up to the landowner that this thing depends on the price at which we can get the land, you can get it a great deal cheaper than if you make the appropriation first. The Chairman. That has been our experience heretofore. Mr. Meeitt. I remember we made a report on these Indians in Texas and we have never been able to obtain an appropriation to help them. We made a report, but the appropriation has not been forthcoming. These Arizona Indians are in a very deplorable con- dition, and if we can help them this year it will be simply one year in advance on this other proposition, I think. Mr. BuEKE. Are they in a more deplorable condition than they were 12 years ago ? Mr. Meritt. Yes, sir; because the white people are moving into that vicinity and crowding them off of the valuable lands, and. each year's delay gets them onto land that is less valuable. They are being crowded back to the wall. The Chairman. We have several other propositions in addition to this. We have some Indians in South Carolina — some eastern Cherokees in South Carolina — that the Government has never had anything to do with heretofore, and the suggestion has been made that we should do something for them. It is quite a vexed question here. Mr. Meeitt. There are only two items in the bill of this year where we are asking for an appropriation for the purchase of land for Indians. The Chaieman. Other Indians, similarly situated, have been press- ing upon the committee along the same lines, and I was just wondering where it is going to lead to. What is the next item ? 344 INDIAN APPKOPEIATION BILL. Mr. Meritt. The next item is as follows : There is hereby appropriated the sum of 150,000, to be immediately available and to remain available until expended, and the Secretary of the Interior is authorized to use this money, or so much thereof aa may be neceesary, under such regulations u he may prescribe, for the promotion of civilization and self-support among the Indians residing and having tribal rights on the Colorado River and Yuma Reservations, the said sum to be expended in the purchase of seed, live stock, vehicles, harness, machinery, tools, implements, and other agricultural equipment; for the construction of houses for said Indians, and for such other purposes as the Secretary of the Interior may deem proper in promoting their civilization and self-support: Provided, That said sum shall be expended under conditions to be prescribed by the Secretary of the Interior for its repayment to the United States on or before June 30, 1925, and all repayments to this fund made on or before June 30, 1924, are hereby reappropriated for the same purpose as the original fund, and the entire fund, including such repay-* ments, shall remain available until June 30, 1924; and all repayments to the fund hereby created which shall be made subsequent to June 30, 1924, shall be covered into the Treasury, and shall not be withdrawn or applied except in consequence of a subsequent appropriation made by law. We are asking in this item for a reimbm-sable ajjpropriation of "3,000 for the Indians of the Colorado River and Yuma Reserva- tions in Arizona and California. The Government has constructed irrigation projects for these Indians, and they have now at their dis- posal valuable irrigable lands, but they are without means to begin cultivating those lands. It requires money to level the land, and these Indians also need agricultural equipment. Every dollar of this money will be reimbursed to the Government, and it is simply a loan to these Indians based on good security, because they have valuable surplus lands, and the appropriation is simply to enable them to becorae self-supporting. In support of this item, I would like to submit the following justification: Statistics, Colorado River Reservation. Indian population 486 Acreage of reservation area 240, 640 Acreage of agricultural land 100, 160 Acreage of grazing land 85, 000 Acreage allotted lands 4, 860 Acreage under ditch 4, 860 Acreage cultivated by Indians. . 638 Acreage irrigated 450 Statistics, Fort Yuma Agency. Live stock: Live stock: Horses 210 Marea 225 Stallions, pony Cows and heifers 31 143 Bulls 9 Steers 106 Horses 20 Mares 260 Stallions, pony 190 Cows and heifers 80 Bulls 4 Indian population 794 Acreage of reservation area 41, 861 Acreage of agricultural land 8, 090 Acreage of grazing land 21, 000 Acreage allotted lands 8, 090 Acreage under ditch 3, 000 Acreage cultivated by Indians. . 211 Acreage irrigated 136 The industrial conditions as to these two tribes aie so similar that one description will suffice for both. In each case they have very fine agricultural lands, allotted ii small areas, and put under ditch and at considerable expense. The Indians are exceed- ingly poor in each case, wholly unable to supply themselves with teams, implements, seed, building and fencing materials, and unless aided in some way can not establish themselves on their allotments, make homes, and achieve self-support. What littk live stock they have is of the lowest grade, their horse stock being nothing but ponies. These Indians have largely been self-supporting, but this self-support has h?en mostly as common laborers. There is every reason to believe that when provided with means of working their allotments and making homes thereon they will avail them- selves of the opportunity, for they are accustomed to working for what they have. The purpose of the appropriation asked for is to provide them with ike means to establish them on their allotments and cultivate them for their support. INDIAN APPBOPEIATION BILL. Statement of tribal assets and liabilities. 345 ( Aoues. : Value. Untflotted lands: 95,300 7(!)i000 24,500 15,000 64,291 : $953,000.00 '^^ZJUg 500,000.00 366,000.00 15,000.00 Timber - Mineral... : 16,000.00 1 TiBher, board feet, 46,500,000 269,091 1,840,000.00 38, 500. 00 Tribal funds in Treasury June 30, 1913 (Doc. 328, 63d Cong. , 2d sess.) 1,878,500.00 58, 753. 66 1,937,263.66 Reizabuisable appropriations made to June 30, 1912 j 88, 000. 00 Expended to June 30, 1912 j 81,097.85 11,748.59 Reimbursable to United States , 69, 349. 06 1,867,904.60 These reservations were allotted under acts of June 17, 1902 (32 Stat. L., 388), April 21, 1904 (33 Stat. L., 224), April 30, 1908 (35 Stat. L., 77), and March 3, 1911 (36 Stat. L., 1063). No further allotments will be made on Fort Yuma Reservation. About 2,000 more Indians probably will be allotted 10 acres each on the Colorado River Reservation. The Colorado River Reservation, Arizona, was originally created by act of March 3, 1865, comprising about 75,000 acres, added to by Executive order until it now embraces 240,000 acres. Five hundred and ten Indians have been allotted 10 acres each of irrigable land. No authority to dispose of surplus other than under the rec- kmation act of June 17, 1902. As no reclamation project has been installed and funds are not at hand to construct such project it is not expected that any of these surplus lands will be placed on the market under the reclamation act. Bills have been pending within recent years to turn the surplus lands over to the State for dis- posal under the Carey Act. Practically the entire population on the Colorado River Reservation proper has baen allotted, but the original reservation was created "for Indians of the Colorado River and its tributaries." This will give the right to allot- ment on this reservation to other Indians in the State of Arizona, apxwoximately to the number of 2,000. . . The Yuma Reservation was created by Executive order and comprised originally some 38,000 acres, of which 8,000 acres of irrigable knd had been allotted to 809 Indians and 7,700 acres of surplus irrigable land placed on the market under the reclamation act of June 17, 1902. With the consent of the Indians the surplus nonirrigable lands on this reservation could be sold under authority found in the act of August 15, 1894 (28 Stat. L., 322), ratifying an agreement with this tribe. The Chairman. You speak of allotments here. Hare they already been alloted land ? Mr. Meritt. Yes, su-; they have each been allotted 10 acres of irrigable lands. The Chairman. We have an appropriation here for New Mexico and Arizona, an appropriation for those two States. Would it be possible to use a part of that for the benefit of these Indians? It seems to be for the same purpose. Mr. Meritt. No, sir; that appropriation is for a different pur- pose. We are so hard pressed now in connection with that appro- priation that we could not use any of it for this particular purpose. The Chairman. The language of this is "to supply th« Indians vfiih. tools, fencing material, and so forth" — now doesn't this con- template that the lump sum of the appropriation for these two States may be used for the same purposes ? 346 INDIAN APPEOPBIATION BILL. Mr. Meritt. We support the agencies in Arizona and New Mexico out of that general appropriation, and hence we have not money sufficient bo enable us to do industrial work for these Indians on these reservations. The Chairman. Then you hold that it does not apply to the Indians outside of the reservation-? It does not apply to Indians off the reservation, and these are off the reservation ? Mr. Meritt. No, sir; they are on the Colorado River and Yuma Reservations where the Government has expended large sums of money for irrigation projects, and now we are asking for a small reimbursable appropriation so that the Indians can get the benefit of this money that the Government has heretofore appropriated. Tlie> Indians wiU have ample security ia surplus lands to reimburse the Government, so that the Government will not be taking any chances in advancing this money to these Indians. The Chairman. Isn't it a fact that a part of these are in California and part on the Arizona side of the Colorado River ? Mr. Meritt. The Colorado River Indians have been allotted on the Arizona side. They have been allotted 10 acres each, and they have a little over 200,000 acres altogether. There are 500 of these Indians and there has been allotted to them a little over 5,000 acres of valuable irrigable lands, and if they can get implements with which to go to work, they can very soon become self-supporting. The Chairman. There has been quite a question submitted to both Houses, as I understand, as to what shall be done on this reserva- tion about securing water for these Indians. Mr. Meritt. We already have the water for these Indians, Mr. Chairman. There is a big irrigation project proposed to irrigate practically all the lands of that reservation, and that project would be for the benefit of the white people as well as for the Indians living there. The Chairman. Then this fund would be used for the purpose of enabling them to live on the irrigated lands they now have allotted to them ? Mr. Meritt. Yes, sir. The Chairman. Is that under ditch ? Mr. Meritt. It will soon be imder ditch. The irrigation plant has been constructed, and if we can get this appropriation this spring, those Indians can begin work on the allotments at once. The Chairman. This then will only be used for the work of develop- ing their property ? Mr. Meritt Yes, sir. Mr. Burke. This appropriation, if made, ought to be reimburs- able out of any moneys that the Indians may have to their credit at the expiration of this period, because otherwise it will never be reimbursed. Mr. Meritt. That wiU be entirely satisfactory to us. The Govern- , ment will not lose a dollar of this appropriation. The Indians have surplus lands from which the Government could be reimbursed. Mr. Burke. I would say that I am in sympathy with the appro- priation contemplated enabling the Indians to have the benefit of what is being done in the way of providing them witn an allotment and especially where it is provided witli water. If he has not any tools, nor any seeds, he is not benefited. But I think that if this is INDIAN APPKOPKIATION BILL. 347 allowed, there ought to be a provision that it will be reimbursable in any event out of any moneys that they may have from the sale of surplus lands. Mr. Meritt. That will be entirely satisfactory to the office. TJie next item reads : Sec'. 3. For support and civilization of Indians in California, includine pay of employees, $50,000. 6 f .y We offer for the record the following justification: Support of Indians in California. Fiscal year ending June 30, 1914, amount appropriated $57, 000. 00 Fiscal year ended June 30, 1913: Amount appropriated 57 OOO. 00 Amount expended 47' b2T. 28 Unexpended balance 9 472. 72 ANALYSIS OF EXPBNDITUBES. Salaries, wages, etc 25, 646. 10 Traveling expenses 2, 231. 04 Transporation of supplies ' 87. 40 Telegraph and telephone service 180. 69 Heat, light, and power (service) 151. 18 Miscellaneous material 2 110. 28 Stationery ' 24! 50 Fuel 1,379.39 Mechanics' supplies 41. 28 Cleaning and toilet supplies 40. 25 Wearing apparel 204. 90 Forage 3,050.49 Provisions 3, 057. 19 Equipment 6, 839. 29 Medical supplies 1, 237. 38 Land 500.00 Miscellaneous 745. 92 47, 527. 28 Within the State of California are approximately 18,000 Indians, whose welfare is looked after by this office through the medium of 11 superintendencies. The information on file indicates that the income of these Indians is small. The value of the crops raised by them during 1912 was $70,000, practically one-half of which was consumed by the Indians; the remainder was sold or retained for lack of market. They have practically no timber. They were able to earn about $250,000 by labor. From the lease of their lands they obtained $6,500. The majority of the Indians of California are exceedingly poor. While a few of those on reservations have more or less valuable tribal rights, the great majority have no such rights of any worth, and there are hundreds of families that have virtu- ally nothing, either in the way of real or personal property. This class depend about wholly on common labor of an irregular kind, and it is not uncommon for them to go for days at a time with barely food enough to maintain existence. Under such conditions it necessarily follows that there will be an unusual amount of sickness, particularly tuberculosis and trachoma. By reaaon of their scattered condition and the fact that there are many small bands of from 50 to 200 persons, it necessitates maintaining an unusually large number of superintendencies and sub- agencies to administer their affairs, supervise thAir industries, and maintain proper medical service. The exigencies arising in connection with these Indians have been such that it has been necessary to use about all funds heretofore available, and even then it has not been possible to protect these Indians as they should be and to extend to them the medical aid their condition requires. Past exjserience fully assures that the full amount asked for herein will be needed to maintain the admin- istration, furnish adequate medical service, and encourage and supervise their indus- tries as these things should be done. 348 INDIAN APPBOPBIATXON BILL. The Indian population of California approximates 18,000, and the available acreage of unallotted land there on some 33 different Indian reservations aggregates ©niy 436,000 acres. In this State allotments- have heretofore been made to 2,000 Indiaas, covering a total area of 78,000 acres. The Chairman. That is a new item, I beileve, of $20,000. Mr. Cahter. No, it is not a new item; it was $57,000 last year and it is $50,000 this year. The Chairman. That is lines 11 to 13 in„the bUl. They have re- worded it and changed it. Mr. Carter. The itenj is not new. They have simply struck out some language. The Chairman. They had last year $57,000, and now they have reduced it to $50,000, and then added $20,000 so as to make the tot?iI $70,000, which is $13,000 larger than it was last year. Mr. Meritt. If you will recall, the commissioner explabed that item about the purchase of lands. Heretofore we have included the item for the purchase of lands for the California Indians in the sup- port and civilization itenfi for Indians in California. The appropria- tions for the purchase of lands were so small heretofore that it took about as much to pay the salary of the special agent as we had funds with which to purchase lands. This year we thought it advisable to omit from this support and civilization item for the California Indians the item for the purchase of lands, and ask for enough money for the Surchase of lands so as to be able to do something for those Indians, 'ne reason for that is that this year we are trying to close up the purchase of this land for these California Indians, and if we can have an appropriation of $20,000 for two or three years we think we can have all of these Indians supplied with land. Mr. Carter. I see that from the statement last year you expended only $500, and had a balance of $9,472 left ? Mr. Meritt. That unexpended balance, as in the other item, wiU undoubtedly be used at the close of the following quarter, because of the accounts that wiU come in, which will have to be paid out of that. Mr. Carter. What kind of accounts do you have that come in that way ? Mr. Meritt. Those that are simply charged against the appropria- tion. Mr. Carter. I know, but what is the character of them? What are they for, as a rule ? How is it you have accounts that are not paid on the day they become due, and you have the money on hand to pay them ? Why is that 1 Mr. Meritt. It usually takes from 60 to 90 days to close up a quarter under our necessarily complicated bookkeeping system in the Indian Service. Mr. Carter. I think that ought to be changed. Mr. Meritt. We jprobablyjiave the most complicated bureau in the Government. Our superintendents thi-oughout the country have to comply with certain rules and regulations of the auditor and comptroller. Their accounts are submitted to the Indian Office for examination, and then they have to go to the auditor for examin?^- tiqn, and all that takes tinje. Mr. Carter. Well, then there is no way for us to tell what the unexpended balance really is ? INDIAN APPEOPEIATION BILL. 349 I Mr. Meritt. We can probably tell you about the exact amount from our books, and I wul be glad to get a statement from the office showing that. Ml". Cakter. It has been now five or six months since that appro- priation closed. Mr. Meritt. We can give you -now, probably, the exact amount of that unexpended balance. The Chaiehan. In reference to the complicated system you say you have of bookkeeping, which prevents the closing of your books at the end of the quarter, is it not within the power of the com- missioner or the Interior Department to change the system of book- keeping? Mr. Meritt. It is within the power, but because of the conditions existing it necessarily takes a little longer to handle our accounts than it would if all the work were done right here in Washington. Some of our agencies are 3,000 miles away, and because of the dis- tances and the conditions of the appropriations and the regulations under which they operate and the requirements of the auditor and of the comptroller, it takes some little time to close these things up. Mr. Burke. I want to ask Mr. Meritt one or two questions on this item. Would it not be advisable if these analyses of the expenditures were made up at the close of the first quarter in this fiscal year, so that we would know more accurately whether there is any unex- pended balance or not ? For instance, 5'ou have here different items of expenses for the last year. You have an unexpended balance of $9,472.72. Eeference to the books on September 30 would undoubt- edly show some of these items increased and the unexpended balance decreased, would it not ? Mr. Meritt. I think in this justification this analysis is approxi- mately correct, except there may be a small reduction in the unex- pended balance. Mr. Burke. Well, this man Kelsey, that you spoke of as having been employed, what were his duties ? Mr. Meritt. His duty was to purchase land for homeless Indians, under this appropl-iation, which has been provided. Mr. Burke. The statement shows $500 worth of land purcluised, a.nd if there was any more we would hke to know, bfciiuse if he was able to purchase onlv that amount in the course of a year I do not see how vou will require S'20,000 next year, when you have not any- body, practically, employed for thsit purpose, and I understand you have discontinued the services of Mr. Kelsey. Mr. Meritt. The commissioner is going to handle tlie purchasing of that land differently from what is has been heretofore. He is going to purchase land'imd not pay the money out for salaries. Mr. Burke. I hope he will. Mr. Carter. Mr. Meritt, you state that these amounts hiwc to be audited before they can be paid, these r mounts that come in at the close of the fiscal year ? Mr. Meritt. Yes, sir. Mr.- Carter. Now, from what funds do you pay those amounts when they are audited and by what authority of law after the time for which the appropriation is made has expired ? Mr Meritt. If the goods were purchased, or the work done and ihe contract made during the fiscal yes-r, the work can be com- 350 INDIAN APPEOPBIATION BILL. pleted — I think we have one year in which to complete the work and pay for it out of the appropriation for the previous year. Mr. Carter. You do not mcfm to complete the work a year after the appropriation expires ? Mr. Meritt. For instance, I have in mind the construction of a building. If you make an appropriation for the construction of a building, we are required under existing law to make a contract for the construction of that building within the fiscal year, but it is not necessary to complete the building within the fiscal year. Mr. Carter. Then if you have $20,000 appropriated for the build- ing in the appropriation act ending June 30, 1914, without any addi- tional authority from Congress, can you go ahead and pay that money' out after June 30, 1914? Mr. Meritt. Provided we have made the contract for the building within the fiscal year. Mr. Carter. You can pay it out until June 30, 1915 ? Mr. Meritt. Yes, sir. Mr. Burke. Your contract would require the construction of that building to be completed by the 30th of Jxme, would it not ? Mr. Meritt. Of the following year. Mr. Burke. Of the year in which the appropriation was made. The Chairman. It could not be beyond the appropriation year. Mr. Burke. Suppose the building was completed on the 30th of June, it would be impossible to have it inspected and accepted and paid for before the next day, woidd it not ? Mr. Meritt. Yes, sir. Mr. Burke. Now, as I understand the matter, you have the whole of the next year within which you can make that settlement. Mr. Meritt. Yes, sir. Mr. Burke. But do I also understand that you have that whole year within which the work may be done ? Mr. Meritt. That is an accounting proposition, and I have certain general information on it, but I will get up a complete statement as to that and place it in the record. Mr. Carter. You understand exactly the question that Mr. Burke is asking, do you ? Mr. Meritt. Yes; I think so. The information is as follows: The Comptroller of the Treasury, as shown by the Annual Digest of Appropriations, determines whether an appropriation by Congress applicable for buildings shall be deemed annual or continuous. In cases of the former class it is necessary that a contract for the build- ing shall be made within the fiscal year for which the appropriation is made, otherwise the fund would lapse. But in cases of the latter class it is not necessary that a contract be made within the fiscal year or subsequent thereto, as in either case there is no limitation of time within which the work shall be performed or the fund expended, except that unexpended balances of appropriations not needed at the end of three years are required by existing law to be returned to the surplus fund of the Treasury. Mr. Burke. Now, in the purchase of land I can appreciate you would not pay for the land until you had had an opportunity to examine the abstracts of title, and that might take 60 or 90 days, or longer, consequently the amount that this analysis shows as havmg been expended for land does not necessarily show the amount that was purchased during the fiscal year ? INDIAN APPEOPEIATION BILL. 351 Mr. Meritt. Not necessarily. Mr. Burke. And we would like to know how much that was. Mr. Meritt. This information will be found in a statement previ- ously submitted. We here offer the lists of agency employees for the several California jurisdictions, called for elsewhere. It will be noted that -at some of the smaller agencies no employees are paid from the appropriation. BISHOP, GAL. No. Position. Eate of pay. Total. Payable from— 1 White. $720 '30 $720 1,080 Support of Indians in California, 1914. Pay of Indian police, 1914. 3 Miscellaneous. Privates CAMPO, CAL. Miscellaneous. Farmer. $720 $720 Industrial workandcareoftimber,1914. DIGgTee INDIANS, CALIFOENIA. Miscellaneous, Farmer Field matron (by transfer another reservation). from $1,000 720 SI, 000 720 1,720 Industrial work and care of timber, 1914. FOET BIDWELL, CAL. 1 White. Financial clerk $720 480 720 720 780 120 $720 480 720 1 1 Nurse Miscellaneous. Fiftlii] TTlatrO" 1 1,920 720 780 Support of Indians in California, 1914 1 Privates 2 1,500 480 Industrial work and care of timber, 1914 Pay of Indian police, 1914. FORT YUMA, CAL. 1 White. Cleflr $1,000 720 1,000 720 84 150 120 $1,000 720 1 Financial clerk Miscellaneous. Farmer. . . 1 1,720 1,000 720 Support of Indians in California, 1914 Industrial work and care of timber, 1914 1 Judge. 1 1,720 84 600 960 Pay of judges, Indian courts, 1914. 1 4 Privates 1,560 Pay of Indian police, 1914. 1 Per month. 352 INDIAN APPROPRIATION BILL. GEEENVILLE, CAL. No. Position. Rate of pay. Total. Payable from— 2 Miscellaneous. $300 $600 HOOPA VALLEY, CAL. 1 WMte. Financial clerk , SI, 000 1,200 840 480 240 120 360 720 300 84 125 120 1,000 175 $1,000 1,200 840 1 1 iTulian. Carpenter . 3,040 Support of Indians in California, 1914. 1 480 240 120 1,080 1 1 Ferryman 3 I^aborers . hiscellaneous. 1,920 Do. 1 720 300 Industrial *ork and careof timbei',.191 1 . .do Judges . . 2 1,020 168 ' Pay of judges, Indian courts, 1914. Chief of police 1 300 720 3 Privates 1,020 Pay of Indian police, 1914. 1 1,000 900 Forest guards, 6 months 1,900 Industrial work and care of timber, 1914 MALKI, CAL. White. Physician. do Laborer... Miscellaneous. Farmer Field matron.. Judge Privates. MARTINEZ AGENCY. White. Laborer Indian. Engineers, 10 months Miscellaneous. Farmer Field matron. Judge 84S0 300 480 1480 600 480 1,560 20 300 S4 120 720 300 1,020 84 480 720 720 115 300 1,200 300 1,200 300 1,600 _84 Support of Indians in California, 19W. Industrial work andcare of timber, 1914 Pay of judges, Indian courtsi 1914. Pay of Indian police, 1914. Support of Iitdians in California, 1914. Do. Industrial work andcare of timber, 19U. Pay of judges, Indian couJM; 1914. INDIAN APPEOPKIATION BILL. PECHANGA, CAL. 353 No. Position. Rate of pay. Total. Payable from— Miscellaneom. 1 S720 120 $720 240 Industrial work and care of timber, 1914 Pay of Indian police, 1914. 1 Private PALA. WMte. 1 Financial Pliysiciaii 900 1,200 900 1,200 1 2,100 Support of Indians in California, 1914. 1 Laborer. 600 600 Support of Indians in California, 1914. Miscellaneous. 1 Farmer . . do... 1,200 900 1,200 900 1 2,100 Industrial work and care of timber, 1914. KINCON. Miscellaneous. 1 Farmer.. 780 84 1 23 780 84 300 Industrial work and care of timber,1914. Pay of judges, Indlm ODurts,1914. Pay of Indian police, 1914. 1 1 LA JOLLA. Miscellaneous. 1 84 125 I 75 84 300 600 1 Private.. Forest gu Pay of Indian police, 1914. 1 DAPITAN GRANDE. Miscellaneous. 2 Privates, 120 480 Pay of Indian police, 1914. EOUND VALLEY, CAL. 1 White. Clerk $1, 100 1,000 900 175 480 720 780 120 900 Jl, 100 1,000 900 1 Phy^iniaTi 1 1 3,000 225 Support of Indians in California, 1914. Tniian. 1 .3,225 480 720 780 Do. 1 Miscellaneous. Farmer 1 Privates 4 1,500 960 900 Industrial work and care of timber, 1914. Pay of Indian police, 1914. Industrial work and care of timber, 1914. 1 1 Per montli. 24455— 14r- -23 354 INDIAN APPEOPBIATION BILL. SOBOBA, CAL. No. Eate of pay. Total. $1,000 noo SI. 000 600 1,600 600 600 000 600 1,200 84 .168 120 420 240 660 780 780 600 r,oo 1,200 84 1,200 •84 135 120 420 720 1,140 84 145 168 .540 1,200 1,200 600 600 120 4S0 Payable from— White. Financial clerk. , Physician Indian. Engineer. . Laborer... Miscellaneous. Chief of pob'ce. Private Forest guard S\NT.\ YNEZ. CAHUH.LA. Judge Chief of police. Privates MESA GRANDE. Judges Chief of police. VOLCAN. White. Physician. Indian. Laborer. Miscellaneous. Privates. Support of Indians in California, 191). Do. Pay of judges, Indian courts, 1914. Pay of Indian police, 1914. Industrial workand care of timber, 191). Support of Indians in California, 1914 Do. Pay of .judges, Indian courts, 1914. Pay of Indian police, 1914. Pay of judges, Indian courts, 1914. Pay of Indian police, 1914. Support of Indians in California, 1914. Do. Pay of Indian police, 1914. TULE RIVER, CAL. Miscellancovs. Field matrons. Private Forest guard . . . $300 120 900 S900 240 900 Industrial work and care of timber, 1914. Pay of Indian jMlice, 1914. Industrial work and care of timber, 19U. 1 Per month. The Chairman. What is the next item you desire to take up ? Mr. Meeitt. The next item reads : For the purchase of lands for the homelegs Indians in California, including improve- ments thereon, for the use and occupancy of said Indians, |20,000, to be immediately available and to remain available until expended, said funds to be expended under such regulations and conditions as the Secretary of the Interior may prescribe. INDIAN APPEOPEIATION BILL. 355 We have a justification for this item which is short, and I will read it to you: There are approximately 20,000 Indians in California located as follows: Reservations in northern California 2, 000 Reservations in southern California 3, 500 Allotments in northern California 3, 800 Allotments in southern California 500 In, nationai forests 3, 000 On lands owned by Indians 300 On lands owned by charitable associations 300 On purchased lands 4, 800 Scattered unprovided, for bands 1, 800 Of the 1,800 to be cared for, about 250 are located on railroad land grants and some of them can be cared for under the act of March 3, 1913 (Public, 438), and 300 are scattered among the whites and make their way as do their white neighbors. It is estimated, therefore, that about 1,300 should be provided with lands. Reports from the field indicate that the bands yet to be provided for are badly scat- tered and that, owing to the increase in value of the lands in California, larger expend- itures are required now than would have been needed some years ago to provide suf- ficient lands for the bands who now have no permanent location, liad it been possible to make all purchases at one time. At Bishop, Cal., there is a small band occupying privately owned land, and the present owners have taken steps to evict the Indians. The purchase will require an expenditure of probably $1,000. A tract was purchased for what is known as the Ruffey band of Indians, and it has been ascertained subsequently that a house and other improvements of Mr. Ruffey, head of the band, are located on land adjoining the purchased tract. This additional purchase should be made and would require $900. In addition to the foregoing, wood lands are needed for what are known as the Colusa, Grindstone, Pinoleville, Potter Valley, Etna, and Tuolumne bands. This would require about |5,000. As the committee knows, the office has been purchasing land for the homeless Indians in California for a number of years, and we have practically all the Indians located except these 1,400. The Chairman. Are these part of the Mission Indians of Cali- fornia ? Mr.. Meritt. The Mission Indians now have lands. This appro- priation will care for homeless Indians of any tribe. The Chairman. I see you changed the language here in section 3. It read originally: "For support and civilization of Indians in Cali- fornia, including pay of employees -" that is the same and then, the changed part, "and for the purchase of small tracts of land situated adjacent to lands heretofore purchased, and for improve- ments on lands for the use and occupancy of Indians in California, $57,000." That is stricken out and you ask for $50,000 now, while I see there you ask for $20,000 and you changed the language to "For the purchase of lands for the homeless Indians," and so forth, and said that it is to be expended "as the Secretary of the Interior may prescribe." Can you give us the reasons for changing the language and adding $13,000 to the appropriation ? Mr. Meritt. Under the old appropriation we were required to purchase lands in tracts situated adjacent to lands heretofore pur- chased. Now that is not practicable "under existing conditions in California, and we thought that the new wording of the bill would better enable us to handle the situation. Also, we would like to have an appropriation sufficiently large so that we could windup this purchasing of land for the California Indians and make it possible without running it over a long number of years. 356 INDIAN APPEOPKIATION BILL. The Chairman. Do you know any other band of Indians situated like these that would require us at the next Congress to make an appropriation for ? Is there any other band in California ? Mr. Mekitt. No, sir; there is none., Mr. Carter. You think the Mission Indians in California are in- cluded in this ? Mr. Meritt. That is not my understanding. The Mission Indians have lands of their own obtained under the Smiley Commission. Mr. Carter. I thought that practically all of the Indians in South- ern California were Mission Indians ? Mr. Meritt. There are Indians scattered all over California, north and south, to the number of about 20,000. • Mr. Carter. Aren't all of those bands so-called Mission Indians? Mr. Meritt. No, sir; I do not think they are all Mission Indians. Mr. Carter. Do you know anything about the Santa Kosa In- dians ? Mr. Meritt. I know there are some Santa Rosa Indians. Mr. Carter. Do you know whether they have any reservation which can be called theirs? Mr. Meritt. They have a small mission reservation. Mr. Carter. They are not allotted, are they ? Mr. Meritt. They have a small tract of land, but it is my present impression that they have not been allotted. Mr. Carter. And they have not any water on the land, either, have they? Mr. Meritt. Water is somewhat scarce in that country. Appro- priations have been heretofore made with the view of providing water for those Mission Indians, and we are using our general irrigatioii appropriation for that purpose. Mr. Carter. You propose by this appropriation to take care of 1,300 Indians? Mr. Meritt. One thousand five hundred and fifty. Mr. Carter. How much land do 3^ou propose to buy for them? Mr. Meritt. Probably Mr. Davis could tell you more defmitelj just the amount of land we expect to buy for each Indian. Mr. Davis has been out in that country and on the ground. Mr. Davis. It is something that is practically impossible to deter- mine beforehand. We have to select lands where these Indians will go and in places where they will be able to secure a labor market around them. Mr. Carter. Have you examined those lands? Mr, Davis. Yes, sir; but in those places it is virtually impossible to hold lands. Lands that might be looked up this j^ear would prob- ably be transferred before we could do anything with them. Mr. Carter. What do you expect to have to pay for those lands? Mr. Davis. It would depend upon whether the lands were irri- gated, or whether they were just cut-over timber lands. These latter would probably cost not more than $10 or $15 per acre, while other lands, irrigated lands, might cost $100 per acre. Mr. Carter. What kind of land do you propose to buy? Mr. Davis. For these particular bands, probably cut-over lands in California, where we can get small tracts for these little bands that have been going around engaging themselves largely as laborers in lumber camps and on ranches. Mr. Carter. Would they be irrigable lands ? INDIAN APPEOPEIATION BILL. 357 « Mr. Davis. No, sir; not many of them. Mr. Carter. Can you give us an estimate as to what these lands would cost ? Mr. Davis. I could not now. Mr. Carter. How do you arrive at this amount here, that it will be necessary to have 120,000 ? Mr. Davis. This amount is arrived at largely on the basis of former purchases that have been made in California. Mr. Carter. You have some notion about how much land you are going to buy for each Indian with this money, haven't you ? Mr. Davis. I do not think that we could determine on a per capita basis. It is mostly for the purpose of making homes for these little groups and bands. Mr. Carter. To make homes for the families ? Mr. Davis. Yes; for the families. Mr. Carter. Can you tell us how much you expect to buy for each head of family ? Mr. Davis. That would depend on the ability of the land to return profits. One acre under irrigation would probably return as much under cultivation as 10 acres not irrigated would. Mr. Carter. Well, but you say you do not expect to buy irrigable lands. Mr. Davis. We would not be able to buy very much irrigable land. Mr. Carter. These are the questions that we will have to know. We will have to give something definite on the floor of the House, if we should decide to put this item in, and I do not think we would get very far with it unless we could tell them how much was expected to be gotten for each Indian, and what we would pay for it, and what the character of the land was. Mr. Meritt. It will be seen from the list of purchases heretofore made, as shown in the following table, that it would be impracticable to forecast the amount of land or price per acre of purchases to be made. Since the original appropriations of |100,000 by the act of June 21, 1906 (34 Stat. L., 325-333), and $50,000 by the act of April 30, 1908 (35 Stat. L., 70-76), which appro- priations have been further supplemented by the appropriations for the support and civilization of Indians in Califorria, ae set out hereinafter, there has been expended 1144,370.45 in the purchase of 6,793.51 acres of land, the average cost an acre being alDOut $21.50. This money was spent actually for land and does not include any of the expenses of the officers through whom the purchases were made. In addition to the appropriations of $150,000 specifically set out above, the Indian appropriation act for the fiscal year 1910 appropriated $20,000 for the support of Mission Indians in Califomia and $20,000 for the support and civilization of Indians in Cal- ifornia, and authorized the expenditure of a part of this money in the purchase of lands adjacent to those already bought. The Indian act for 1911 appropriated $42,000 for the support and civilization of Indians in CaUfomia and for the purchase of small tracts of land situated adjacent to lands aheady purchased and provided that all moneys theretofore appropriated for the support of Northern Indians in Califomia and not covered back into the Treasury shall be made available for the purchase of land for landless Indians in California. This, including the support fund of $42,000, amounted to $65,939.93. The Indian act for 1912 appropriated $57,000 for the support and civilization of Califomia Indians and authorized the purchase of small tracts of land adjacent to those already bought. The Indian acts for 1913 and 1914 each provided $57,000 for the same purposes. The total amount for support and civilization and for the purchase of lands, not including the specific appropriations of $150,000 by the acts mentioned m the first paragraph of this memoranda, was $276,939.93, of which amount $30,534.67 have been expended in the purchase of land. Therefore, of the total of $144,370.45 actually spent for land $30,534.67 was expended from the support and civilization funds. 358 INDIAN APPROPRIATION BILL. Lands purchased for California Indians with money appropriated by the acts of June 21, 1906 {34 Stat. L., 325-333), Apr. 30, 1908 (35 Stat. L., 70-76), and subsequent actS: Number of Indians. Acres. Amount paid. County. San Manuel Do Trinidad Rumsey Pec^anga or Temecula .' . Los Coyotes „ Hopland . ^ Ktna and iluffey's Colus ; Cahto Laytonville Blue Lake or Mad River Polasky or Millerton Cortina Canvpo T)o['.\[['.\\\['.\\\\.'.'...\\.'..\\\ Upper Lake Lower Eel Riper Grindstone Guidivdle Coyote Valley Potter VaUey Sao Pasqnal i Pol Redwood Valley and Little River. . Palm Springs . .' East Lake Point Arena or Manchesti^r San .ioaqain or Big Sandy Alexpiider Valley or "W apf o Smitli River Middlcto^Ti or Loeonami Sherwood Tuolumne Bear River Scot ts Valley Big Valley Likiah or Pine Ville Point Arena Guide \'ille Bishop Wappo,...' Croscent C^itv 56 56 43 48 179 165 120 56 63 98 4.5 55 47 165 165 165 285 60 66 92 48 72 66 66 51 35 ■134 84 114 74 163 51 92 78 00 92 130 50 5.13 7.6 60 75 235 160 530 480 40 200 26 140. 86 480 720 160 160 143 20 SO 50 100 16 120 - 80 80 800 88 75 280 24 KB 108. 70 230. 72 289.52 15 56. CS 80. 95.28 40 34.12 15 30 100 SI, 795. 60 200. 00 1, 198. 40 2,000.00 6, 650. 00 800. 00 5,750.00 2,208.00 3,800.00 2,600.00 1,500.00 1,500.00 4,800.00 12,500.00 800. 00 1,200.00 6, 000. 00 3, 000, 00 1,0£O.CO 2,000.00 2,484.80 2, 000. 00 1,. 500. 00 300. 00 2,000.00 6, 000. 00 6, COO, 00 4,908.75 2 800. 00 1,800.00 7, 200. 00 2. 650. 00 ■5, 750. 00 3,500,00 1,500.00 2,900,00 12. 000. 00 8, 500, 00 BOO. 00 2,000.00 1,12,5.00 2, 500. 00 3, 500, 00 San Bernardino. Do. Humboldt. Yolo. Riverside. San Diego. Mendocino. Siskiyou. Colusa. Mendocino. Humboldt. Madera. Colusa. San Diego. Do. Do. Lake. Humboldt. Glenn. Mendocino. Do. Do. San Diego. Do. Mendocino. Riverside. Lake. Mendocino. Fresno. Sonoma. Del Norte, Lake. Mendocinov Tuolumne. Humboldt. Lake. Do. Mendocino. Do. Do. Inyo. Sonoma. Del Nortf . Total.. , 793. 51 144. .370. '1.5 ' Improvements only. Mr. BuBKE. Mr. Meritt, if this $20,000 should be appropriated, is it your opiaion that that would probably take care of the matter, or would additional appropriations be necessary in the future ? Mr. Mekitt. I think probably it will require an additional appro- priation next year, but with two appropriations, we will probably be able to take care of the remaining Indians in California without lands. Mr. Burke. Do you remember when the first appropriation was made for the purchase of homes for the homeless Indians in Cali- fornia ? Mr. Meritt. We have been having small appropriations each year for a number of years, covering a period of eight years, and the com- missioner raight tell you what he has done to cure the defects of administratinon in connection with the purchase of lands in Cali- fornia. One of the principal difficulties with this matter, Mr. Burke, has been the small appropriations, and it has cost almost as much to buy the land as the land is worth, on account of these small appro- priations and the manner of administration. INDIAN APPEOPEIATION BILL. 359 Mr. BuEKE. My recollection is that we were assured some years ago that this matter would be brought to a close long before this, and at one time after we had made a few appropriations we found that the money had been expended without very much land being Purchased, and that much of the money was used, in administration, [ow you have, according to your report, 4,800 Indians on purchased land. Is that what this statement shows that you have submitted? Mr. Meeitt. Yes, sir. Mr. BuEKE. Now, what has been the result of those Indians being provided with lands that we have purchased, as to whether they have lived upon them and made homes, or what has happened ? Mr. Meeitt. They are liviag on the land m practically all cases where land has been purchased for them. Mr. BuEKE. You ask that this amount be immediately available and that it remain available vintil expended. Why should an ex- tension be made that it be made available until expended ? Why should not the appropriation be limited to the amount that is proba- bly necessary for the fiscal year for which this bill proposes to appro- priate the money? Mr. Meeitt. It will enable us to purchase land at a better price, I think, because if we have got to purchase the land within a specific time we may have to pay a larger price than we would otherwise. Mr. BuKKE. Take the case of Ruffey, mentioned in the justifica- tion you submitted; is not there money available already appropri- ated to take care of just such a case as that ? Mr. Meeitt. No, sir. Another reason, Mr. Burke, why this should be a continuing appropriation is that we are required to submit deeds for all lands purchased by the Government to the Attorney General to be passed on by him, and it takes time to get the deeds and have them go through the Department of Justice and the regular official channels. It is apparent that it requires quite a time to wind up the work. Mr. BuEKE. The existing law and the former appropriation pro- vided that it should be used for the purchase of small tracts of lands adjacent to lands heretofore purchased. In your justification in re- gard to this Euffey case it says: "Old Man Ruffey, head of the band, was located on land adjoining the purchased tract." Now, if it is adjoining, it would be adjacent, wouldn't it? Mr. Meeitt. In that particular case, the wording of the old law would be all right, but there are many cases where that condition would not obtain. Mr. BtJEKE. Have you information showing what amount of land has been purchased in the last fiscal year for homeless Indians in California, and how much was paid for the different tracts purchased, per acre ? Mr. Meeitt. The information is as follows : The records of the office for the fiscal year ending June 30, 1913, show two tracts of land were purchased for the homeless Indians in California, as follows: "For the Guideville Band in Mendocino County, 34.12 acres, at a cost of $2,000; and for the Wappo Band in Sonoma County, 30 acres, at a cost of $2,500." The deeds for these two tracts were executed and are now pending approval by the Department of Justice. When approved, settlement will be made which will charge to the present unexpended balance of $7,943.83 from the appropriation ' Support and civilization of Indians in California, 1914. ' ' It is difficult to determine just what pur- chases have been made in any one fiscal year from the fact that it frequently requires 360 INDIAN APPEOPRIATION BILL. several months to complete the purchases and get the deeds executed, and frequently a year or more to get these deeds approved and settlement made. The item of $500 for "land" found in the analysis of this appropriation was used for the extinguishment of a squatter's right on the Santa Rosa Reservation, Cal. As this was not a direct purchase, but merely eliminating an adverse claim, it was not listed in the purchases of land for these Indians given elsewhere. During the fiscal year above mentioned. Special Agent Kelsey purchased fencing material for several tracts of land previously purchased, to enable the Indians moving thereon to properly utilize these lands. These purchases were charged to the same fund. Mr. BuEKE. I also want to ask you if we have not on one or two occasions made a gratuity appropriation to be expended for certain ' homeless Indians in California, and made at the time with a distinct understanding that no further appropriations would be asked for, , for any purpose in connection with such Indians ? Mr. Mebitt. No, sir; I have no knowledge of that. There was quite a large appropriation made in 1906, and another in 1908, and there have been small appropriations made each year since then. Mr. BuEKE. I will ask if you will submit to the committee a state- ment showing the appropriations that have been made annually for the support and purchfse of lands for homeless Indians in California? Mr. Mekitt. I would call attention to a statement heretofore made in connection with this item which gives this information. The Chairman. Also give the amount expended for administration and clerk hire. Mr. Meeitt. In the summary of Special Agent Kelsey's work it is shown that his salary, per diem, and traveling expenses aggregated $37,207.03 for the seven years he was employed. No clerical assist- ance wFs provided for the special agent in his work. Mr. Meritt. Now, Mr. Chairman, right along that line, Commis- sioner Sells has corrected an administrative weakness that has ex- isted in connection with the purchase of California lands, and the weakness that has heretofore prevailed in this matter has handi- capped the office in providing these homeless Indians with lands. The Chaieman. I wish you would state the facts, so we can know what the procedure has been heretofore and what is contemplated by the commissioner now, so that we can judge of that. Mr. Sells. Briefly, I found the fact to be that Mr. Kelsey, who had had charge of matters and things pertaining to the purchase of land in California, was performing more or less of service at an ex- pense to the Government for salary of $13 per day, and other expenses incidental thereto, which was consuming a very considerable portion of the appropriation and correspondingly diminishing our ability to buy land for homes for the Inclians. That has all been taken care of by being dispensed with, and those features which have been cal- culated to consume a very considerable portion of the appropriation will not obtain in the future, and the money that may be apprO' priated for the purchase of homes wiU be hereafter used for that pur- pose. Of course, there will be necessarily some expenses for admin- istration. Mr. Bueke. Just how do you propose to do it ? Mr. Sells. It has not been worked out, but it will be worked out on economic lines. Mr. Btjeke. You have dispensed with the services of Mr. Kelsey? Mr. Sells. Yes, sir. The Chairman. What is the next item ? Mr. Meritt. The next item reads : INDIAN APPKOPBIATION BILL. 361 For support and education of 650 Indian pupils at the Sherman Institute, Riverside, Cal., and .for pay of superintendent, $109,400; for central heating plant, $20,000; for general repairs and improvements, $20,000; in all, $149,400. We offer for the record the following justification: Indian school. Riverside, Cal. Fiscal year ending June 30, 1914, amount appropriated $104, 350. OO Fiscal year ended June 30, 1913: Amount appropriated 104, 350. 00 Amount expended ' lOl', 452. 55 Unexpended balance 2, 897. 45 This is not a 'final balance, as there are probably outstanding obligations yet to be- charged against the appropriation. ANALYSIS OP EXPENDITURES. Salaries, wages, etc $36, 904. 96 Traveling expenses 391. 61 Telegraph and telephone service 232. 79 Heat, light, and power (service) 3, 024. 29 Miscellaneous material. 1, 926. 27 Stationery 170. 65 Fuel 4, 799. 24 Mechanics' supplies , 152. 7& Cleaning and toilet supplies 1, 178. 50 Wearing apparel 11, 990. 51 Forage ♦ 1, 462. 46 Provisions 19, 283. 82 Equipment 8, 460. 27 Construction and repairs 9, 687. 10 Medical supplies ^ 635. 63 Water 1, 410. 97 Seed 685. 73 Miscellaneous 55. 00 101,452. 55- Also, $997.96 expended from appropriation for buildings. SHERMAN INSTITUTE. Statistical statement for year ending June SO, 1913. Value of school plant $279, 606 Number of buildings 47 Number of employees 52 Total salaries $37, 460 Average attendance of pupils 555 Enrollment 70O Capacity 650 Cost per capita $165 Area of school land acres. . ISO- Value of products of school $8, 353 Superintendent's estimate of absolute needs for 1915: Support $124, 90O Repairs and improvements 20, 000 Buildings 60,000 -Total 204, 900 Sherman Institute, Cal., 1915, amount requested in proposed bill: Support for 650 pupils and pay of superintendent 109, 400 General repairs and improvements 20, 000 General heating plant 20, 000 Total 149,400. 362 INDIAN APPEOPBIAXION BILL. The increase in the support fund over previous years is reasonable, in view of the fact that 100 additional pupils will have to be provided for. The estima,te for .sal- aries of employees, $24,000, is conservative. Additional employees are needed in ■order to increase the efficiency of the school. The salaries of the employees are low for the services required at this school. No employee except the superintendent receives over $1,200 per annum, and most of the salaries range from |500 to $800 a year. The support fund also includes traveling expenses, telegraph and telephone service, printing, binding, advertising, heat, light and power service, wearing ap- parel, fuel, forage, equipment, and subsistence, etc. The total estimate for current expenses is reasonable. This is the only large Indian industrial training school in the State of California, which has an Indian population of approximately 16,000. The amount required for repairs to buildings and property is $20,000. A large amount of work necessary for repairs and general upkeep of the plant is performed by the school boys. It is neces- sary to have some irregular labor to do work of such character as the boys can not do,* and $3,000 will cover this amount. The balance of this appropriation will be used for the purchase of material for construction and repairs. The value of this plant is approximately $280,000. The estimates of needs of the school are conservative. There are 47 buildings to be kept in repair covering 40 acres of ground. This appro- .priation is reasonable to keep the biiildings in good repair and prevent deterioration. INDIAN SCHOOL, RIVERSIDE, CAL. This is a lionreservation boarding school embracing only a small acreage purchased for that purpose by the Government. There is no " reservation " in the sense of being available land for allotment purposes or use of the Indians other possibly than as a demonstration farm. There is no Indian population other than the pupils gathered from various tribes who may be enrolled at the school. Salary list of Sherman Institute, Riverside, Cal., in effect December 20, 191S. [Payable from Indian School, Riverside, Cal., 1914.] •Capacity . . . Enrollment. Average 550 675 551 Superintendent $2, 600 Clerk 1, 200 Do. Assistant clerk. Do Physician Disciplinarian . ,200 720 700 720 800 Teacher 1, 200 Do Do Do Do Do Do Do Music teacher Domestic science teacher Superintendent of industries Indu strial teacher Outing matron, 6 months, Matron Assistant matron Do Do Do Do 720 600 660 630 630 600 600 720 660 1,000 660 400 900 600 600 600 660 520 Nurse $780 Seamstress 660 Assistant seamstress 600 Laundress 660 Baker 500 Cook BOO Do 540 Do 500 Farmer 900 Carpenter 800 Tailor 800 Shoe and harness maker 720 Blacksmith 800 Gardener 1,000 Engineer 1,000 Assistant engineer 600 Printer 600 Band and musical instructor 720 Assistant 400 Do.. Do.. Do.. Do.. Do.. Do.. Laborer . Do.. Do.. 400 300 300 300 300 300 660 600 600 38,040 INDIAN APPKOPKIATION BILL. 363 1 he Chairman. Do you raise the salaries of any of the teachers or of the superintendent ? Mr. Meeitt. No, sir. The Chairman. Will you use any additional teachers, superin- tendents, or employees ? Mr. Meritt. With the addition of 100 pupils it will require prob- ably two or three additional teachers. Ihe Chairman. Do you raise the salaries of any employees on or around this school * Mr. Meritt. No, sir; that is not intended by this appropriation. The Chairman. Then, as I understand it, the only difference that Jou have is the central heating plant ? Have you not a ver}^ good eating plant already at that school? Mr. Meritt. The superintendent reports it would be quite a saving in expenses if we could nave one central heating plant instead of these different heating plants in the different buildings. The Chairman. But the fact is that they nave heating plants suitable for the different buildings ''. Mr. Meritt. They have heating plants now. The Chairman. How long has that school been constructed ? It is a comparatively new school building, is it not ? Mr. Meritt. It was built about 10 years ago. The Chairman. The buildings are all of brick and up to date, are they not ? Mr. Meritt. Those buildings are in need of repairs ? The Chairman. You have a request here for repairs and improve- ments, 120,000. Mr. Meritt. Yes, sir. The Chairman. Ten thousand dollars more than you had last year ? Mr. Meritt. Yes, sir. The Chairman. You are adding 100 pupils more? Mr. Meritt. Yes, sir. The Chairman. I understood you to state this morning that the best policy would be to build up the reservation boarding schools -and reservation day schools, and yet here you are asking some for a nonreservation school. Mr. Meritt. Yes, sir; this is a nonreservation school, but—; — The Chairman (interposing). How do you reconcile that with the views of your office and your own personal views ? Mr. Meritt. With the present plan we can care for 100 additional pupils Mr. Carter (interposing). You ask for 150 additional pupils? Mr. Meritt. No, sir; 100. We can care for 100 additional pupils at this school by the addition of very few improvements in the present buildings. We will not need any additional buildings. We will simply provide for sleeping porches and use the present equip- ment, and we thought it would be good and economical administration to simply make this plant do its full work; that is, bring it up to its full capacity. The Chairman. During a recent visit there I talked with Indian pupils attending the school and those pupils came from Oklahoma. I remember two from one reservation in Oklahoma, and they stated that they have been there, I think, for two or three terms. Now, 364 INDIAN APPKOPBIATION BILL. is it not a fact that it costs considerable in transportation to take those Indians from Oklahoma to and from this school when you have one at Chilocco, Okla. ? Mr. Meritt. I think that is wrong administration, Mr. Chairman, to transport pupils clear across the continent to a school in California if they have school facihties near their own communities. The Chairman. I suppose that if you should run through the list there you would find children who have been carried hundreds of miles to this school, and if you would deduct them from the number of pupils you have there you would not need anything for additional pupils, would you ? Mr. Meritt. But the fact is that there are many children in Cali- fornia who are out of school and who need school facilities. We could fill this school to its full capacity with children from that neighbor- hood. The Chairman. Did we not add two schools in California, one at Fort BidweU and one at Greenville? Mr. Meritt. Yes, sir. The Chairman. We added those schools last year, and they are evidently not up to their full capacity at this time. Mr. Meritt. Those schools, you understand, have been in existence for a long time, but they simply were specifically provided for last year. Heretofore they have been paid out of funds for Indian school support. The Chairman. But still they are Government schools for Indian children ? Mr. Meritt. Yes, sir. Mr. Carter. Can you teU me what the mean temperature is at Riverside ? Mr. Meritt. No, sir; I could not. However, they have a very fine chmate there. Mr. Carter. It looks to me as though $20,000 ought to build a heating plant to heat the whole southern end of Cahfornia. Mr. Meritt. Well, Mr. Chairman, the superintendent says he is in need of this heating plant, but if the committee will give us the increased appropriation I imagine the superintendent can get along for another year without the heating plant. Mr. Carter. Certainly they can not' require a very expensive heating plant at Riverside. Mr. Meritt. It is rather damp there at times, Mr. Carter. Mr. Carter. I think about all they need is something to dry their clothes when they get damp, because they do not have much cold weather at Riverside. Mr. Meritt. No; it is a very fine climate. Mr. Carter. Now, just a word with relation to the thought that Mr. Stephens was pursuing. How is it that you permit children to be transported from Oklahoma to California to be put in schools when you have so many children in southern Cahfornia who have need of school facilities ? Mr. Meritt. It ought not to be done. Mr. Carter. Can you give us any information on that ? Mr. Peyton Carter. As far as the office knows, there are only two or three pupils in the Riverside Indian School from Oklahoma. I INDIAN APPKOPRIATION BILL. 365 recall the case of two girls particularly, I think from Kiowa, or one of the Indian reservations in Oklahoma. They are splendid girls, as I remember the case; they are bright, they are handsome, but they are in such conditions there that if allowed to remain they will be ruined, so the only solution seemed to be to get them itato a non- reservation school. Chilocco was not far enough away, nor Haskell. It was thought necessary to send them far enough away "te prevent their coming home and so their parents could not easily furnish them with transportation to return. It seemed to the office thcie was nothing else to do but to send the two girls to Riverside. I do not recall now whether they went at their own expense or at the ex- pense of the Government. That is the only case I recall. Mr. Carter. I think there are some boys there from Oklahoma. Mr. Peyton Carter. There may be a few, but I have that one case in mind particularly. Mr. Carter. It just occurred to me that the children in southern California are not sufficiently provided for in an educational way. Mr. Meritt. No, sir. Mr. Carter. And it seems foolish to haul them a thousand miles to take the places of other children right at the doors of the school, except in specific cases, such as you have mentioned. Mr. Peyton Carter. That is true, unless a condition exists which seems to justify it. The office does not authorize pupils to go past a nonreservation school to get into another one. Mr. Carter. I think I saw several Osage boys there. Did we not, Mr. Chairman ? The Chairman. I think so. Mr. Carter. As a matter of fact, it is nearly as far from northern California to southern California as it is from Oklahoma, is it not ? Mr. Peyton Carter. Almost. Mr. Burke. I do not care to ask any questions because I do not think anyone wUl expect us to make an appropriation for that heating plant on the information that has been furnished. Mr. Meritt, do you think your statement justifies an appropriation of $20,000 for the heating plant ? Mr. Meritt. The superintendent submitted a justification for this heating plant; he also submitted a justification for about $50,000 in addition to that estimate, but we wUl not insist upon that esti- mate, Mr. Burke, if the committee sees fit to omit it. Mr. Burke. The buildings at this school have mostly been erected within the past ten years. Mr. Meritt. Yes, sir. Mr. Burke. Your estimate of money necessary for repairs of school and agency buildings is about four per cent of the valuation; you have expended a little over 1 per cent for repairs, and here you are asking about 7 per cent for general repairs and improvements of new buildings. Mr. Meritt. That can be justified. We are asking for these re- pairs and improvements so that we can provide facilities in the build- ings already erected for these 100 additional pupils. The climate is such that during a large part of the year the pupils can use the porches for sleeping purposes. But I think that can be fully justified; that is, that request for repairs and improvements. The Chairman. What is the next item ? 366 INDIAN APPEOPRIATION BILL. Mr. Meritt. The next item reads: For reclamation and maintenance charge on Yuma allotments, $40,000, to be reim- bursed from the sale of surplus lands or from other funds that may be available, in accordance with the provisions of the act of March 3, 1911. We offer for the record the following justificatiroir: Irrigating allotments, Yuma and Colorado River Reservations, California and Arizomi. (reimbursable). Fiscal year ending June 30, 1914, amount appropriated $40, 000. 00 Fiscal year ended June 30, 1913: Amount appropriated 52, 362. 62 Amount expended 52, 362. 6g ANALYSIS OP EXPENDITURES. United States Reclamation Service, for balance on first reclamation and maintenance charge $52, 362. 62 STATISTICS, YUMA ALLOTMENTS. Census 1913 803 Present irrigable area, acres 4, 000 Irrigated area, acres 223 Area under completed project, acres 8, 090 Acres cultivated by Indians 223 Value of irrigated land per acre $200 to $300 Expended to June 30, 1913 . .-. 66, 788 Estimate for fiscal year 1915 40, 000 Cost of completed project (estimated) 333,960 FINANCIAL STATEMENT. Map area of irrigable land, acres 8, 090 Area upon which charges assessed, acres 6, 072 Construction charge, per acre $55. 00 Annual maintenance charge, per acre $1. 00 Annual construction charge, per acre $5. 50 Total annual charge, per acre $6. 50 Annual charge for 6,072 acres $39, 468. 00 Total payments, 10-year period $394, 680. 00 Paid from proceeds of land sold $8, 569. 38 Paid from reimbursable appropriation $70, 362. 62 Total actually paid $78, 932. 00 Available from 1914 act $40,000.00" $118, 932. 00 Balance to be paid (7 installments) $275, 748. 00 Area of surplus unallotted irrigable land sold, acres 6, 503 In return, at |10 per acre, the sum of $65, 030. 00 Collections to date $21, 109. 42 Balance to be appropriated $219, 278. 38 IRRIGATION CHARGES, YUMA ALLOTMENTS. For the reclamation and maintenance charge on Yuma allotments, $40,000, to be reimbursed from the sale of surplus lands or from other funds that may be available in accordance with the provisions of the act of March 3, 1911, $40,000. This charge is made up of one-tenth of the cost of constructing the works, $5.50 per acre, plus $1 per acre for the cost of maintenance and operation. The sixth annual payment will be due December 1, 1914. The resources of these Indians, in addition to the irrigable lands sold, which are ex- pected to bring $46,020.80, consist of 35,000 acres of land which are believed to be of sufficient value to return the amounts advanced. INDIAN APPBOPEIATION BILL. 367 The Chairman. It is the same amount and the same language as last year. Mr. Meeitt. Yes, sir. I would suggest that we add to this item a proviso clause reading as follows : Provided, That no maintenai ce ard operation charges shall be made agaitst any lands not susceptible of immediate irrigation by canals ard laterals already completed on this or any other project constructed for the benefit of Indiar,B by the Reclamation Service. Mr. Reed can explain the need of that legislation. Mr. Reed. The objection that we have had to paying, especially on the Yuma Reservation, is that while we admit that we are not losing anything and that it is possibly proper to pay the construction charge, which amounts to $55 an acre, in 10 annual installments, we do object to paying a maintenance charge for the acres which can not be watered, should demand be made for such payment. In this particular instance there are about 4,000 acres that can be watered, and we are paying and have paid maintenance on 6,072 acres, and there are only about 4,000 acres on which laterals have teen con- structed, and it does not appear right and just to the Indians that they should pay maintenance charges upon a system that has not been constructed and completed, and that is put in to guard against not only this particular case, but a recurrence at any other point. The Chairman. What is the next item ? Mr. Meritt. The next item reads : For support and education of 125 Indian pupils at the Fort Bidwell Indian School, California, and for repairs and improvements, $30,000: Provided, That the urex- pended balances heretofore appropriated for this school are hereby reappropriated and made immediately available, and shall remain available until expended. We offer for the record the following, justification: Indian school, Fort Bidwell, Cal. Fiscal year ending June 30, 1914, amount appropriated $20, OOO Fiscal year ended June 30, 1913, no appropriation. Fiscal year ending June 30, 1914, amount appropriated 20, 000 No appropriation for Fort Bidwell School for fiscal year 1913. Analysis of expenditures, Indian school support, 1913. Salaries, wages, etc $7, 719. 51 Traveling expenses 320. 90 Telegraph and telephone service 75. 85 Miscellaneous material 66. 29 Stationery 8. 48 Fuel 1,077.60 Mechanics' supplies 1. 10 Cleaning and toilet supplies 55. 36 Wearing apparel 1, 674. 95 Forage.. 60.00 Provisions 1, 917. 27 Equipment 925. 75 Construction and repairs 3, 876. 81 Medical supplies 151- 06^ Miscellaneous 193. 39 Total 18, 124. 32 368 INDIAN APPKOPBIATION BILL. Statistical statement for year ended June 30, 1913. Talue of school plant $27, 590 Number of buildings 20 Number of employees -■ 12 Total salaries $7, 760 Average attendance of pupils 87 Enrollment 98 Capacity 98 Cost per capita , $164 Area of school land, acres ■ 3, 076 Value of products of school |2, 475 Superintendent's estimate of absolute needs for 1915: Support $19, 285 Repairs and improvements 5, 500 Buildings 10, 000 Total 34, 785 Indian school, Fort Bidwell, Cal., 1915, amount requested in proposed bill for support of 125 pupils and repairs and improvements, $30,000. Thirty thousand dollars is requested for support, salaries, repairs, and improve- ments. The capacity of this school is 125. On the basis of $167 per pupil per year, the amount required for support would be $20,875. The superintendent's salary is §1,400, making a total of $22,275, to be used for support purp ses. "The amount requested for repairs and improvements is necessary on account of the general conditions of the school plant. The buildings were formerly used as a military post, were in bad condition when received from the War Department, and have been improved but little since. It will be necessary to make many repairs and improve- ments on all the buildings and liberal appropriations for a few years will be necessary to put the plant in good condition, after which a smaller amount will meet the require- ments. This is a nonreservation day school, and there is no "reservation" in its true sense. Quite a number of Indians, however, holding allotments .on the public domain are under the jurisdiction of this superintendent, who looks after their land mattersunder instructions from the office. The total Indian population under this school approx- imates 700. Salary list of Fort Bidwell School, California, in effect December ZO, 191S. [Payable from " Indian School, Fort Bidwell, Cal., 1914."] Capacity Enrollment. Average 98 93 85 Matron Assistant matron. Seamstress Laundress Cook Laborer Do 300 500 300 500 600 540 8,410 Superintendent $1, 400 Physician 1, 000 Teacher 750 Kindergartner 600 Industrial teacher 600 Carpenter 720 I will say that the pro\dso is not now necessary because that money was made available in an item in the deficiency bill already passed. The Chairman. Then you ask to have stricken from the bill the proviso from line 6 to line 9 ? Mr. Meritt. Yes, sir. The Chairman. Why is this increase of $10,000 asked? Mr. Meritt. Mr. Chairman, in answer to your question, I will say that these buildings are in very poor condition at this time, andthat it is necessary to have a larger amount than is usually appropriated for schools of this size for repair and improvement purposes. The Chairman. What is tlie character of the buildings ? Are the buildings old ? ' This Includes 640 acres wood reserve and 950 acres unused. INDIAN APPKOPEIATION BILL. 369 Mr. Meritt. They are very old buildings. The Chairman. Are they constructed of brick or stone or wood ? Mr. Meritt. I can get a description of the buildings from the office and make up a statement, sliowing the age of the buildings and the material of which they are constructed, and place it in the record. This information is as follows : By a joint resolution of the Senate and House of Representatives, approved Janu- ary 30, 1897, the Fort Bidwell abandoned military reservation, with all its lands, buildings, water system, and improvements, was turned over to the Department of the Interior for the use of an Indian school. At a cost of less than $2,500 the buildings were remodeled in order to make them suitable for school purposes. The school opened April 4, 1898. The records show that 24 years previous to that date some of the build- ings were erected at the fort. The school buildings have gone without repair Irom the date of the opening until the fiscal year 1913. Build- ings. Used for— BimcTisioiis. When Cost. Condi- erected. tion. 1880 $1,750.00 Poor.. 1S86 3,090.00 ...do... 1S88 3,000.00 Good.. 1870 226. 58 Fair... 1874 5.000.00 ...do... 1S74 .■i, 000. 00 ...do... 1878 7,000.00 ...do... 1879 800.00 Good.. 1868 1,000 00 Fair... 187.5 400. 00 ...do... 1875 2, son. 00 ...do... 1874 3,500.00 ...do... 1875 2. 500. 00 ...do... 1875 2.000.00 ...do- 1880 6,800.00 Poor.. 191.3 500.00 Fair... 1906 500.00 Good.. 1908 100.00 ...do... / 1888- \ 190S j. 750.00 Fair... 1913 4,875.00 Good.. 1.S80 1, 600. 00 Poor.. 1905 1,500.00 Fair... Present value. Scale house Dairy barn Stable and implement house Girls* bathhouse Dormitory, boys Dormitory, girls Commissary Carpenter shop Sewing room Meat house Quarters, physician Quarters, employees Office and quarters, super- intendent. Hospital and drug room. . . School building Laundry Bathhouse, boy Slaughterhouse Miscellaneous buildings . . . Likely day school Bam lor driving team Assembly hall 30 by 30 frame, 3 rooms. . 30 by 215 frame, 4 rooms. 30 by 100 frame, 5 rooms. 24 by 38 frame, 2 rooms.. 24 by 135 frame, 9 rooms. 24 by 125 frame, 10 rooms 25 by 175 frame, 6 rooms. 17 by 60 frame, 1 room... 25 by 60 frame, \ rooms.. 16 by 16 frame, 1 room... 38 by 64 frame, 8 rooms. . 48 by 75 frame, 15 rooms. 38 by 65 frame, 9 rooms.. 34 by 30 fr.'ime, 9 rooms. . 73 bv 80 frame, 7 rooms. . 26 by 30 frame, 1 room . . 25 by 30 frame, 2 rooms.. 24 by 24 frame, 2 rooms. . Frame 68-i by 51 frame, 6 rooms. 30 by 50 frame, 2 rooms.. 40 by 70 frame, 2 rooms. . $100 600 600 300 3,500 4,000 1,750 300 500 65 1,400 2,7.50 1,500 1,200 1,850 1,000 475 100 600 5,000 150 475 Mr. Burke. Mr. Meritt, in the case of all these nonreservation schools, we provide an appropriation for support and education, in- cluding the salary of the superintendents, and then a specific aniount for general repairs and improvements. I notice that in this item, as you have submitted it, you have a lump sum for support and education, including repairs and improvements. Why do you sub- mit this item in different language from that in which you have sub- mitted the other items for schools specifically appropriated for ? Mr. Meritt. This item was placed in the bill last year at the re- quest of a Representative from California, Mr. Raker, and, if you will note the item last year consoHdated the two appropriations, and we are following the form of the appropriation last year. Mr. Burke. What amount do you anticipate is necessary for gen- eral repairs and improvements at this school ? Mr. Meritt. Between $7,000 and $8,000. Mr. Burke. From what fund is the superintendent's salary paid ? Mr. Meritt. It is to be paid out of the general support fund for the school. Mr. Burke. Then, if the superintendent is paid out of that fund, why do we have to put in other items, as we did in the case of the 24455—14- -24 370 INDIAN" APPROPRIATION BILL. Kiverside School, an item for support and education including the pay of the superintendent ? You do not include that language in this item ? Mr. Meeitt. The superintendent's salary will be paid out of this appropriation, and we have no objection to having that language incorporated in this item. Mr. BuKKE. Perhaps the language does not need to be in these other items. Now, if it is not necessary Mr. Meeitt (interposing). I do not think it is absolutely neces- sary, but it has been the form of the bill in years past. Mr. BuEKE. The items ought to be uniform. Mr. Meeitt. Yes, sir. Eight in that connection, we beheve that it would be preferable, if the biU is to be continued in its present form for any length of time, that the support fund and the repah- fund for these nonreservation schools might well be consoUdated the same as they are here, because at the close of the fiscal year, or near the close of the fiscal year, we frequently find a fund that we probably could use to advantage for another purpose than that specified. It sometimes happens that we could use to advantage certain money from the support fund for the repair of buildings at the same school, and at some other school we could use a part of the repair fund to advantage for support. Mr. BuEKE. We discussed tii.at some time ago. Mr. Meeitt. We would be glad to have these items read that way if the committee would permit us. I believe if it is handled properly it would be good administration. The Chairman. What is the next item ? Jklr. Meeitt. The next item reads: For support and education of 100 Indian pupils at the Greenville Indian School, California, and for repairs and improvements, $25,000. We offer for the record the following justification: Indian School, Oreenville, Cal, Fiscal year ending June 30, 1914, amount appropriated $20, 000 Fiscal year ended June 30, 1913, no appropriation. Fiscal year ending Jime 30, 1914, amount appropriated $20, 000 No appropriation for the Greenville School for the fiscal year 1913. Analysis of expenditures, Indian School support, 1913. Salaries, wages, etc $8,981.88 Traveling expenses jt. 366. 40 Transportation of supplies Telegraph and telephone service 31. 78 Heat, light and power (service) 280. 32 Miscellaneous material : '. 79. 01 Stationery 3. 66 Fuel 594.96 Mechanics' supplies 4. 81 Cleaning and toilet supplies 97. 12 Wearing apparel 1, 557. 62 Forage 482. 01 Provisions 3,857.22 Equipment 1, 23D. 57 Construction and repairs 709. 65 Medical supplies 122. 29 Miscellaneous 35.60 18,434,90 INDIAN APPBOPEIATION BILL. 371 Statistical statement for year ended June SO, 191S. Value of school plant $32, 884 Number of buildings 14 Number of employees 15 Total salaries ■. $9, 620 Average attendance of pupils 89 Enrollment 104 Capacity 90 Cost per capita f 199 Area of school land, acres 200 Value of products of school |436 Superintendent's estimate of absolute needs for 1915: Support f20, 265 Repairs and improvements 500 Buildings None. Total $20, 765 Indian School, Greenville, Gal., 1915, amount requested in proposed bill for sup- port of 100 pupils and repairs and improvements, $25,000. This amount will be used to meet all the support expenses, salaries of employees and superintendent, and repairs and improvements. The capacity of the school is 100. On the usual per capita basis, $167, $16,700 will be required for support of pupils. The superintendent's salary is $1,700, making the total for support $18,400, thus leav- ing $6,600 for repairs and improvements. The balance remaining, which will be applicable for repairs and improvements, will be required in putting the frame buildings in good condition, including painting, repairs of floors, plaster, plumbing, equipping a steam laundry, which is badly needed at this school, making general repairs on the water lines from the reservoir to the school plant, a distance of more than a mile, and other necessary repairs that are required on the sewer system which extends to a small creek in the valley below the school. A nonreservation day school, there being no "reservation" in its true sense. A number of Indians holding allotments on the public domain have been placed under the jurisdiction of this school in order to maintain field supervision over their fiscal affairs. The Indian population under this school approximates 2,500. Salary list in effect Dec. 20, 191S. [Payable from "Indian School, Greenville, Cal., 1914."] Capacity 90 Enrollment 104 Average 87 Matron $600 Assistant matron 520 Nurse 720 Seamstress 520 Laundress 500 Cook 500 Laborer 500 9,170 Superintendent f 1, 700 Clerk 1,000 Physician 720 Teacher 660 Kindergartner 630 Industrial teacher 600 Congress appropriated for this school last year $30,000, including 110,000 for new buildings, and we are asking this year for an appro- priation of $25,000. Mr. Carter. This includes the equipping of a laundry building ? Mr. Meritt. Yes, sir; equipping a laundry. The Chairman. The same question appKes here as to why you have changed the wording of the bill. You provide here for support and education of 100 Mcfian pupils at the Gfreenyille Indian School, California, and for repairs and improvements, without stating any- thing about the pay of the superintendent, as you do in the case of ordinary nonreservation schools. Mr. Meritt. Under the law we have followed the form of the bill of last year. 372 INDIAN APPROPBIATION BILL. The Chairman. You have no objection to changing it so as to make it correspond with other items of a similar character ? Mr. Meeitt. No, sir. The Chairman. What is the next item ? Mr. Meeitt. The next item reads: Sec. 4. That the unexpended balance of the appropriation of $J0,000 "for relief of distress among the Seminole Indians in Plorida, and for purposes of their civilization," made in the Indian appropriation act approved March 3, 1911, is hereby reappropriated and ma le available until expended. We are simply asldng that the unexpended balance of the previous apprcprixtion be made available until expended. We offer for the record the folio mng justification of this item: ♦ Support of Seminoles in Florida. Continxiing appropriation. Indian population, 600. After the capture of Osceola and his attendants under a flag of truce in the Seminole War of 1835, the other members of his band retired into the swamps of Florida and have remained there ever since, declining to acknowledge in any wise the sovereignty of the Govemmeat. Owing to the reclamation of the Everglades their position m this matter is gi-owing untenable, and their condition precarious on account of the destruc- tion of their hunting grounds. The Government has heretofore purchased land for the benefit of these Indians for their use when it shall become necessary for them to forego hunting and make their living by agricultural pursuits, which will come to pass in the not far distant future; and since March 1, 1913, the office lias had a special com- missioner among them for the purpose of protecting their interests, inculcating in them a spirit of faith in the Government's good intentions, and preparing them for more civilized habits of life. It will be necessary to continue this work and to otherwise provide for these Indians to a certain extent for some time to come. Under various acts appropriating money for that purpose, between 1894 and 1900, eome 23,000 acres of land in Florida were purchased for the Seminole Indiana. By Executive order of June 28, 1911, 3,680 acres were reserved for these Indians, Ttialriaig a total area available for their benefit of 26,700 acres. There is no authority under existing law to allot any part of these lands other than those withdrawn by Executive order which may be allotted under the general allotment act. Neither is there any authority for the disposal of any surplus. The Indian population aggregates 500. Mr. Caeter. How much of it was used last year ? Mr. Meritt. This information will appear in the statement follow- ing: Fiscal year ending June 30, 1914, unexpended balance from amount ap- propriated in act of Mar. 3, 1911, made available ? |8, 320. 00 Fiscal year ended June 30, 1913: Unexpended balance from amount appropriated in act of Mar. 3, 1911, made available 9, 846. 00 Amount expended i\ 378. OB Unexpended balance 8, 467. 91 ANALYSIS OF EXPENDITURES. Salaries 666. 67 Traveling expenses 711. 42 1, 378. 09 Mr. Burke. What have you been able to do for these people? Mr. Meritt. We have set aside by executive order certain lands in the southern part of Florida. We have had a special agent down in Florida trying to aid these Indians in every way possible. They are inclined to be a little bit wild and do not care to have much to do with white people. INDIAN APPBOPEIATION BILL. 373 Mr. BuKKE. I notice they do not have any trachoma or tubercu- losis. The Chairman. I see you have added in line 2 the words, "until expended." That is on page 35. What is the object of that? Mr. Meeitt. So that we would not have to come back next year. The Chairman. What is the next item ? Mr. Meritt. The next item reads: Sec. 5. For support and civilization of Indians on the Fort Hall Reservation in Idaho, including pay of employees, $30,000. We offer the following justification for the record: Support of Indians of Fort Hall Reservation, Idaho. Fiscal year ending June 30, 1914, amount appropriated $30, 000. 00 Fiscal yeaT ended June 30, 1913: Amount appropriated 30, 000. 00 Amount expended 29, 128. 49 Unexpended balance 871. 51 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 12, 402. 93 Traveling expenses 79. 15 Telegraph and telephone service 5. 84 Heat, light, and power (service) 36. 00 Miscellaneous material 1, 897. 72 Fuel 1,509.28 Mechanics' supplies 151. 41 Forage 143.95 Provisions 10, 069. 40 Equipment 2, 728. 91 Medical supplies 78. 90 Miscellaneous 25. 00 29, 128. 49 There are about 1,800 Indians under this superintendency. These Indians have recently been allotted and the particular task before the Government is to establish them on their allotted lands, aid them in developing the lands, building homes, etc. There has recently been completed an irrigation system, constructed from reim- bursable appropriations at the cost of $886,113.61, which system includes about 40,000 acres of reservation lands allotted to the Indians. Under existing conditions it is necessary to develop these lands, make beneficial use of the water if possible by the year 1916, else the water rights attaching to the lands may be endangered. In a separate item, a reimbursable appropriation of $50,000 is asked for with which to provide teams, implements, seed, etc., with which to develop these lands, and this appropriation will be needed in full amount to carry on the administrative work, educate the Indians industrially, and supervise their undertakings, home building, etc. This reservation contains about 500,000 acres. Seventy-nine Indians were allotted within that part of the reservation ceded by the act of June 6, 1900, under which 416,000 acres, formerly within this reservation, were restored to the public domain. Allotments have been made in the field to 1,859 Indians within the dimiiiished reservation, covering 38,000 acres of irrigable land and 305,000 acres of nonirrigable land. These allotments have not yet been approved. There is no authority under existing law for the disposal of the remaining tribal land. The Chairman. That is the same amount and the same language that you had before ? Mr. Meritt. Yes, sir. The list of agency positions, paid partly from this appropriation, is as follows: 374 INDIAN APPEOPRIATION BILL. Fort Hall, Idaho. Number and position. Eateofpay. Total. Payable from— Wliite: 1 clerk SI, 400 900 840 720 900 900 11,400 720 720 720 600 480 600 900 720 84 220 $1,400 900 840 720 900 900 Support of Indians of Fort Hall Beservation. 1914. Do. 1 issue clerk Do. Do. 1 superintendent of live stock. 1 farmer Do. Do. 5,660 1,400 720 Support of Bannocks, employees, Idaho, 1914. 1 carpenter Do. 2,120 720 General expenses Indian Service, 1914. Indian: 720 600 480 Support of Baimoeks, employees, Idaho, 1914. 1 blacksmith Do. 1,800 1 interpreter and laborer. . 600 Support cf "Indians of Fort Hall Reservation, 1914. Miscellaneous: 1 farmer 900 720 Industrial work and care of timber, 1914. Do Do. 1,620 1 2 judges 1C8 1,920 Pay of judges, Indian courts, 1914. Pay of Indian police, 1914. *S200 payable from "Indian schools, support, 1914." 2 per month. The Chairman. What is your next item ? Mr. Meeitt. The next item reads: For maintenance and operation of the Fort Hall irrigation syetem, |40,000: Provided, That the use of bo much water as may be necessary to supply for domestic, stock- watering, and irrigation purposes, land allotted or to be allotted to Indians on the Port Hall Reservation or set aside for administrative purposes within said reservation, is hereby reserved, and the failure of any individual Indian or Indians to make bene- cial use of such water shall not operate in any manner to defeat his or her right thereto. All laws or parts of laws in conflict herewith are hereby repealed. The Chaieman. What justificaition have you for that ? Mr. Meritt. We offer for the record the following justification: Maintenance and operation, Fort Hall Irrigatign system, Idaho. Fiscal year ending June 30, 1914, amount appropriated $20, 000. 00 Fiscal year ended June 30, 1913: Unexpended balance from previous years 9, 254. 52 Amount appropriated 20,000.00 29, 254. 52 Amount expended 18, 332. 65 Unexpended balance 10, 921. 87 INDIAN APPEOPEIATION BILL. 375 ANALYSIS OF EXPENDITURES. Salaries, wages, etc $13 001 15 Traveling expenses ' g]^3 49 Transportation otsupplies 49.47 Telegraph and telephone service 40 64 Material \'.\.\Z.\...V. 2, 58L 10 Stationery 18 85 Fuel. 522I 57 Mechanics' supplies le! 45 Printing and advertising '\ 29 55 Forage .'.'.'.'.".".;.'." 314.50 Equipment 54O. 22 Construction and repairs 513_ 51 Miscellaneous 9l! 10 18, 332. 65 Statistics, Fort Hall Reservation. Census, 1913 1 867 Present irrigable area (acres) 35' OOO Irrigated area (acres) 9' 389 Area under completed project (acres) 50,000 Acres cultivated by Indians 3' 300 Acres cultivated by whites 6, 089 Value of irrigated land per acre |50. 00 Estimate for fiscal year 1915 $40, 000. 00 Cost of completed project, estimated .16800, 000. 00 Expended to June 30, 1913 1 1770, 211. 77 The appropriation of $20,000 for 1914 is found to be inadequate, and it will require a degree of economy which in reality will be dangerous. It will require the post- ponement of work badly needed to keep the system in proper condition, the absence of which has already caused damage greater than the cost of the structures needed would have been. The Blackfoot Marsh Dam is in a precarious condition, the exact extent of which is not known. It may go through the next high-water period without giving trouble, but if it should not there will be no money available for its repair. In view of these facts, it is believed that the appropriation of $40,000 will be needed at Fort Hall for 1915. The agreements for water rights with the water users on the ceded tract call for the delivery of 3 acre-feet of water per annum per acre. To determine the deliveries it will be necessary to install measuring devices, such as weire, rating flumes, submerged orifices, etc. Much of the water used during the low-water period is drawn from the reservoir. It is therefore very desirable that no unnecessary amount of water be used and that every economy be practiced. This ran only be done by the installation of measuring devices. When all the land is under cultivation, this will have to be done. The same thing applies to at least a part of the lands on the reservation. A great deal of this land will be leased, and it will be- necessary to measure the water to these lessees in order to fulfill the leases. At the points along the reservation line where laterals return to the reservation it will be necessary to install weirs to insure that the Indians on the lower end of these laterals get their quota of water. Estimated area of project acres. . 50, 000 Estimated cost $800,000 Area which may now be irrigated acres. . 35, 000 Irrigated by Indians do. . . 3, 300 Irrigated by whites, owned do. . . 5, 900 Irrigated by whites, leased do. . . 185 The system covers ceded lands as well as the reservation. Total area reservation, 447,490. Tribes, Bannocks and Shoshones, . Total census, 1913, , 1867 (allotments). 1 Does not include $73,103.34 expended before inception of present project. 376 INDIAN APPEOPEIATION BILL. Fort Hall project. LOCATION AND CLIMATIC CONDITIONS. Counties, Bingham and Bannock. Townehipsand ranges, Tps. 1 to 7 S., Rs. 33 to 43 E. Railroads on or adjacent, O. S. L. Railroad stations, Pocatello, Fort Hall, Blackfoot. Market for products, local. Average elevation irrigable area, 4,500. Average elevation watershed, 6,000. Average rainfall on irrigable area, 14 inches. Average rainfall on watershed, 24 inches. Range of temperature on irrigable area, 115 degrees. WATER SUPPLY. Source of water supply, Sna,ke River and Blackfoot River flood water. Area of drainage basins in square miles, Blackfoot, 666. Annual run-off in acre-feet, Blackfoot, 200,000 flood. SUMMARY OP RESULTS. Present available reservoir capacity, acre-feet, 200,000. Canal-miles, with capacities in second-feet. More than 500, 14; from 250 to 500, 26.45; from 50 to 250, 14.34; less than 50, 86. Tunnels, number, 1; total length, 200; size, 9 by 10. WASTE DITCHES AND DRAINS. Miles, 3; capacity, 80 second-feet. Storage dams, volume, cubic yards, earth, 17,500; rock fill, 16,700. Diversion dams, volume, cubic yards, rock fill, 1,100; crib, 800. Number of canal structures (exclusive of dams and tunnels, but including bridges, culverts, pipes, flumes): Costing o^'er |2,000 each, concrete, 7; from $500 to $2,000 each, concrete, 12; wood, 4; from $100 to $500 each, concrete, 60; less than $100 each, cor Crete, 20; wood, 1. Bridges, number, lergth 50 feet or more, wood, 4; length less than 50 feet, 30, wood; total lergth, feet, 800. Culverts, concrete, number, 6; length, 300; wood, number, 1; length, 100. Kpe, concrete feet laid, 4,500; cost, $42,309.86. Flumes, steel, number, 1; size, double barrel, 10 feet 2 inches. Buildings, number of offices 1, cost $2,100; number of residences 4, cost $5,000; number of bams 1, cost $800; number of warehouses 1, cost $300; number of granaries 1, cost $550. Wells, number, 1; aggregate depth, 98 feet; aggregate cost, $375. Telephoi.e lines, number stations, 1,716; aggregate cost, $6,350; miles, 66. Irrigable lands: Estimated cost of completed project, $800,000. Estimated area for comj)leted project, in acres, 50,000. Area which can be supplied from constructed works without additional construction, 35,000. Irrigated at present time, by Indians, 3,800 acres. Irrigated by whites, owned, 5,900 acres. Irrigated by whites, leased, 185 acres. Total cost of project to date, $770,211.77. Total amount paid for labor: Indian, $58,033.61; white, $832,732.94. Average value of irrigated lands, $50. CONSTRUCTION. Very little new construction work has been done on this reservation. A few small headgates and checks have been installed and some lateral work has been done. Tkis work really is in the nature of betterments, as it is for the purpose of bettering a system that is practically finished. INDIAN APPEOPRIATION BILL. 377 OPERATION AND MAINTENANCE. Maintenance on this syatem is quite difficult and expensive. Portions of the canal system are constructed through light sandy soil, and the high winds that prevail at certain seasons cause a filling up of the canal to a considerable extent, and the erosion of the banks until th«y are unsafe. The wjive action also aids in damaging the canal banks. Weeds, especially the Russian thistle, also blow into the canals and often lodge at the structures and cause considerable trouble. Pocket gophers, badgers, and kangaroo rats do considerable damage to the banks of the canal and cause much worry and expense. It is necessary to have a repair gang organized and on the work a large part of the year. These conditions will continue until the system is thoroughly seasoned, and even then, unless the lands are settled and cultivated, trouble will continue from Russian thistles and from the animals above mentioned. In addition to the above, high water has caused considerable trouble and expense. A steel flume was injured in December from this cause and several smaller structures ■ have suffered to some extent. Some of the structures in the sandy sections have suffered apparently from unequal settlement, and have required some attention from the maintenance force. - The dam at Blackfoot marsh also .gave some trouble. An unexplainable settlement took place in the hydraulic fill section in August, 1912. This was repaired without much difficulty, but since then several other disturbances have taken place, the most serious one occurring on February 16, 1913. At this time the settlement was greater than previously, and as the earth was frozen it required very careful yet rapid work to prevent serious trouble. The concrete inverted syphon has also required repairs, due to leakage through cracks in the concrete in the section of highest pressure. As a result of these numerous troubles, the maintenance force has been very busy during all the time the weather would permit work of this nature. The plan of operation includes the delivery to the white men by ditch riders em- ployed Dy the irrigation division and delivery to the Indians by the agency farmer. Among the white men the rotation method has been used. The water agreements call for the delivery of 3 acre-feet per annum per acre. This will necessitate the installation of measuring devices at some later period when the demand for water reaches near the available supply. The Indians have been served with constant streams, and while their lands and crops often indicate a lack of water, the records show that an amount has been supplied far in excess of what the lands could use without serious damage to the lands. As more Indians farm and irrigate, this method will have to be changed. FARMING OPERATIONS. There is now in cultivation on the ceded portion 5,850 acres, the principal crops being alfalfa and grain. The lands to a considerable extent have been heretofore in the hands of real-estate men and speculators. There is a tendency at present, however, to sell the land to real farmers. This condition will undoubtedly aid the project. The Indians are now falming 3,320 acres, mostly in alfalfa and grain. They are not extending their farming operations as rapidly as they should. There is a slight increase, but so slow that progress is almost imperceptible. They neglect raising the vegetables which they could themselves consume. It would seem that they should be encouraged in producing foodstuffs for themselves, and thereby avoid the possibility of hunger. MAINTENANCE AND OPERATION. This is one of the few Indian projects upon which a maintenance and operation charge has been made. During the fiscal years 1910, 1911, and 1912, a maintenance charge of $1 per acre was made. In 1913 the farmers on the ceded land petitioned for a lower charge, pleading poverty on theif part and overcharging on the part of the Government. The matter was taken under consideration and a charge of 50 cents per acre for the year 1913 was made. This was allowed, not because the $1 charge was too high to properly maintain and operate the system, but more for the reason that prices of farm products had been low and the farmers were in straightened financial circuni- Btances, and the project could by practicing great economy get through the year with this amount of maintenance. 378 INDIAN APPKOPBIATION BILL. GENERAL REMARKS. The climatic and physical conditions are such that this project has given consider- able trouble and anxiety since its construction, Moving sands, weeds, and animalsin the summer and ice in the winter have given more than the usual amount of trouble «,nd expense, but it is hoped that with the proper seasoning of the structures and an increase in farming some of these difficulties will disappear or at least become less. Referring to the proviso clause regarding water rights, I wish to say: The purpose of this and other similar legislation m this bill is to protect the rights of Indians to water on Indian reservations and on allotted Indian lands held under trust or by-other patents containirg restrictiors on alienation. To establish more certainly and securely water rights of Indians is a matter of the greatest importance in administerirg satisfactorily their affairs. On a number of reservations where Indiar s have been allotted, the lai d is practically of no value for agricultural purposes without irrigation. Water on these reservations is a vital factoji in developiig the Indiais livirg thereon so that they may become self-supporting and be raised to a higher stardard of civilization. The Supreme Court, in the case of Winters ■;;. United States (207 U. S., 564), said that "The power of the Goverr mei t to reserve waters ai d exempt them from appropria- tion under the State laws is not denied, ai d could r ot be." The Supreme Court further said in this case that there was an implied reservation for the benefit of the Indiar s of a sufficier.t amoui t of water from the Milk River for irrigation purposes which was not affected by the subsequent act of February 22, 1889 (25 Stat. L., 676), admitting Moj tana to the Urior, and that the water of the Milk River can not be diverted so as to prejudice the rights of the Indians by settlers on the public lands ar d those claimii g ripariar rights on that river. It is believed that the general prr ciples laid down in the Winters case are apph- cable to all Indian reservatioi s where there are ro specific acts of Cor grass to the contrary. However, I fir d that the -s-ery favorable decision of the Supreme Court in the Winters case regardirg the water rights of Irdiar s has been practically nulhfied by various acts of Corgress, and as a repult of such legislation the water rights of In- dians are now dependent on beneficial ufo ir a i umber of reservations where the Government has been, ard is now, spendr g large amour^ts of reimbursable funds, and by acts of Congress these water rights are subject to the laws of the several States wherein these irrigatio-^ projects are located. In substar tiation of this statement your attention is invited to acts of Cor gross regardir g the water rights in connection -with the Blackfeet, Fort Peck, Wind River, ai d Uii tah Reservatiors. The act of March 1, 1907 (34 Stat. L., 1015, 1035), regardirg water rights on the Blackfeet Reservation provides: "That the India- s a- d the settlers on the surplus lard, in the order named, shall have a prefererce right for ore year from the date of the President's proclamation opening the reservation to settlemert to appropriate the waters of the reservation, which shall be filed ov ai- d appropriated u' der the laws of the State of Montar a by the CommissioT er of Ir dian Affairs on behalf of the Indiar s takir g irrigable allot- ■mente and by the settlers urder the same laws. The art of May 30, 1908 (35 Stat. L., 558, 560), referring to the same subject on the Fort Peck Reservation, rea s: "All appropriations of the waters of the reservation shall be made under the provi- sions of the laws of the State of Montana. The law applicable to the A\'ind River Reservation, act of March 3, 1905 (33 Stat. •L., 1016, 1020), is as follows: ' ' That I pon the c ompletion of the said fifty c' oUars per capita payment any balance remaining in the saif' fi nd of eighty-five thoi sand ('ollars shall at once become avail- able and shall be c'evoted to s- rveying, platting, making of maps, payment of the fees, and the performance of s'-ch acts as are reqi ired by the statites of the State of Wyo- ming in seci ring water rights from said State for the irrigation of sr.ch lams as shall remain the property of said Indians, whether located within the territory intended to be cec'ed by this agreement or wilhin the ciminished reserve. Tha law of Congress regar^ 'ing the water rights on the Uintah Reservation is found in the act of Jrne 21, 1906 (34 Stat. L., 335, 375), and read's: "For constructing irrigation systems to irrigate the allotted lands of the Uncom- pahgre, Uintah, and White River Utes in Utah, the limit of cost of which is hereby fixed at six hbnc red thoi sand dollars, one hun( red and twenty-five thousand dollars which shall be immediately available, the cost of said entire work to be reimbirsed irom the proceeds of the sale of the lands within the former Uintah Reservation; Provided, That such irrigation systems shall be constructed and completed and held and operated, and water therefor appropriated under the laws, of the State of Utah. ; INDIAN APPKOPEIATION BILL. 379 The amount of money expended up to June 30, 1913, for irrigation for the benefit of thelndians on the reservations referred to is as follows: Fort Hall |913, 601. 32 Blackfeet 710, 745. 80 Fort Peck 219, 471. 29 Wind River 647, 215. 98 "Uintah 830, 489. 41 Total 3, 321, 523. 80 I have quoted the laws referred to and shown the money expended on the reserva- tions named in order to indicate the gi-eat importance of the matter under considera- tion and the necessity of conserving the water rights of Indians on the large number of Indian reservations throughout the United States. The Indian water-right situation is one of the most acute and important questions relating to Indian matters now before the Indian Bureau. There are dependent upon the solution of this question not only property rights involving millions of dol- lars, but the success or failure, prosperity or poverty, of thousands of Indians who are the wards of the Government and whose interests it is the duty of the Indian Bureau to protect. The Chairman. Why do you add this provision which materially modifies the law which has existed heretofore ? Mr. Meeitt. We are asking that this proviso clause be incorporated in the bill in connection with a number of irrigation projects for the reason that we find it necessary if the water rights of the Indians are to be protected. Congress has appropriated in a number of cases a large amount of money for irrigation projects on various reservations and has required that those appropriations be made reimbursable out of the funds of Indians. States have passed certain laws which make it desirable, in certain cases, that the water be made beneficial use of by the Indians; otherwise the Indians stand a chance of losing their water rights or else taking their water rights status to the courts for determination. This item, we believe, will protect the water rights of Indians on a number of reservations where large appropriations have been made, and where, if they lose their water rights, they will receive no benefit from the irrigation projects hereto- fore constructed. The Chairman. Why have you found it necessary to double the amount ? Mr. Reed. The amount heretofore asked has not been sufficient to maintain and keep up that system in the shape it should have been kept up. In fact, it was a new system, but did not go through the process of seasoning that any new irrigating system should before it IS in running order, and as a result there has been quite a bit of depreciation. Canals have filled up that were not in use, and, perhaps, it was not a good thing to dig them out until they were needed, but as we need them we have got to rehabilitate them and put them in shape to operate, and it will require practically this amount to operate and catch up what has been lost on account of insufficient sums during the past two years. The Chairman. What length of ditches have you ? What is the mUeage ? Mr. Reed. I think I can give you all of that information. Mr. Meritt. That is in the justification, Mr. Chairman. Mr. Carter. I notice that in your justification you state that there are 35,000 acres which may be irrigated, and that there are now irrigated by Indians 3,300 acres, by whites 5,900 acres, and leased 185 acres. I want to ask you how you manage to calculate the cost 380 INBIAK APPROPRIATION BItL. of the water furnished to the whites? What kind of a division do you make, in other words ? Mr. Reed. You mean as to the first charge, the charge for con- struction ? Mr. Carter. I mean as to all charges. I want to understand how you have an irrigation project which the bureau seems to be putting into operation and which goes to Indians and white people. I want some mformation about how you adjust those matters. Mr. Reed. The maintenance and operating charges are adjusted according to the acreage; the construction charges in this particular case were fixed by Congress for the white men. Mr. Carter. You do not charge the Indians for maintenance and construction unless they have tribal funds ? Mr. Reed. We have charged against the Indians a portion of the charges, but we do not collect from them at the present time; it comes out of the appropriation made by Congress. Mr. Carter. But the white men you do charge ? Mr. Reed. Yes, sir. Mr. Carter. And they pay their money for their part of the con- struction of the project? Mr. Reed. Well, they do and they do not. The act of Congress of March 1, 1 907, 1 think, fixed the amount that the white men should pay on that ceded strip, which is a little less than one-third of what it actually cost. Mr. Carter. The white men only pay one-third of the actual cost? Mr. Reed. Yes, sir. Mr. Carter. Then by this project we are giving to the white men two-thirds of the value of the irrigation project? Mr. Reed. Yes, sir. Mr. Carter. So we are practicing paternalism for' them pretty nearly as directly as we are for the Indians ? Mr. Reed. You are in that particular case. Mr. Carter. Then the white men pay just one-third of the actual cost? Mr. Reed. Yes, sir. But this, as you know, is a reimbursable fund; it goes to the credit of the United States. Mr. Carter. And it can be used right on without any other appro- priation ? Mr. Reed. No. Mr. Carter. It goes back into the Treasury? Mr. Reed. Yes, sir. Mr. Carter. You were speaking about construction, were you not? Mr. Reed. Yes, sir. Mr. Carter. Now, how about the actual maintenance ? Mr. Reed. Well, from the white men we collect, and that goes into the Treasury. Mr. Carter. And you do not collect from the Indians ? Mr. Reed. We do not collect; no, sir. Mr. Carter. What laws do you intend to repeal by this last sen- tence, "All laws or parts of laws in conflict herewith are hereby repealed"? Mr. Meritt. That is a general item that we are incorporating in connection with a number of these items. Congress has passed in INDIAN APPEOPKIATION BILL. 381 these ca?es laws extending the State laws for beneficial use to iniga- tion projects, and it is for the purpose of repealing all those laws so that the Indians will not be required to make beneficial use in accord- ance with the State laws or else lose their watsr rights under these projects. Mr. Carter. You propose, then, to repeal State laws ? Mr. Meritt. No, sir; we propose to repeal the laws enacted by Congress extending the provisions of State laws to Indian irrigation projects. Mr. Carter. What is the next item ? Ml-. Meritt. The next item reads: For fulfilling treaty stipulations with the Bannocks in Idaho: For pay of physician, teacher, carpenter, miller, engineer, farmer, and blacksmith (article ten, treaty of July third, eighteen hundred and sixty-eight), |5,000. We offer the following justification for this item: Support of Bannocks, employees, Idaho. Fiscal year ending June 30, 1914, amount appropriated $5, 000. 00 Fiscal year ended June 30, 1913 : Amount appropriated 5^ 000. 00 Amount expended 4' 895. 33 Unexpended balance 104. 67 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 4, 895. 33 This is a treaty provision (art. 10. treaty of July 3, 1868-). Three thousand two hundred and forty dollars is used for the payment of the salaries of a phvsician, a carpenter, a farmer, and a blacksmith, as indicated in the bill, and the balance is diverted, with the consent of the Indians, for the employment of an apprentice and such irregular labor as may be necessary from time to time for the benefit of the Indians, who are boated on the Fort Hall Reser\ ation. Article 10 of the treaty of July 3, 1868 05 Stat. L., 673), reads: "The T"'nit.ed States hereby agrees to furnish annually to the Indians the physician, teachers, carpenter, miller, enu;i'>eer, farmer, and blacksmith, as heroin contemplated, and that such appropriations shall be made from time to time, on the estimates of the Secretary of the Interior, as will be sufficient to employ such persons." It will be seen that there is no limitation on this treaty pro^■ision, and that the appropriation is continued for such time as the Oon>rress may deem proper. Mr. Burke. Some years ago, and when I became chairman of the committee, we verified the treaty provisions of the Indian appro- priation act by comparing it with the treaty in every instance, and we found that some appropriations were being made annually where the treaty had lapsed. Now, are the items that are now in the bill — have they been verified so you know we are still required to continue those appropriations ? Mr. Meritt. A number of these treaty items are continued within the discretion of Congress, and I would like to suggest that a number of these items could be omitted from the biU if gratuity appropria- tions were provided. They have been continued from year to year for a long period of years without the treaty specifying the number of years in which they shall be continued. Mr. Burke. The money appropriated that we are now considering is not used in fact to pay a physician, teacher, carpenter, miller, engineer, farmer, and blacksmith, is it ? Mr. Meritt. We have authority of law to use these treaty funds where it is necessary for a different purpose from that for which they 382 INDIAN APPEOPEIATION BILI,. are appropriated, but we are required to make reports to Congress when changes are made. Mr. Burke. Then the answer to my question would be that they are not used in that instance for the specific purpose that the treaty- prescribes ? Mr. Meritt. I would have to look up the record to give you any definite information on that. Mr. Burke. As I understand it, most of such items as this are commuted, and the money used in the administration of the Indians in a way that will most contribute to their welfare ? Mr. Meritt. Yes, sir. Mr. Carter. What is the next item ? • Mr. Meritt. The next item reads: For the Coeur d'Alenea, in Idaho; For pay of blacksmith, carpenter, and phyeiciaa, and purchase of medicines (article eleven, agreement ratified March third, eighteen hundred and ninety-one), 13,000. We offer for the record the following justification for this item: Support of Coeur d'Alenes, Idaho. Fiscal year ended June 30, 1914: Amount appropriated |3, 000. 00 Fiscal year ended June 30, 1913 r Amount appropriated 3, 000. 00 Amount expended 2, 532. 20 Unexpended balance 467. 80 ANALYSIS OF EXPENDITURES. Salaries, wages, etc |2, 321. 34 Medical supplies 210. 86 2, 532. 20 This appropriation is necessary in order to enable the office to comply with treaty provisions (art. 11, agreement ratified Mar. 31, 1891). Two thousand one hundred dollars is used for the pay of a physician and blacksmith, as indicated in the bill; $700 is diverted, with the consent of the Indians, for the pay of a lease cfterk and the balance used for medical supplies. The Coeur d'Alene Indian Reservation was created by treaty and contained origi- nally about 330,000 acres of which 104,000 acres have been allotted in severalty and 224,000 acres opened to settlement and entry by the act of June 21, 1906 (34 Stat. L., 335). About 2,000 acres have been reserved for administrative purposes. The Indian population comprises 640 members. The agreement with the Coeur d'Alenes was ratified by the act of Congress of March 3, 1891 (26 Stat. L., 989-1029), and Article XI is as follows: "It is further agreed that in addition to the amount heretofore provided for the benefit of said Coeur d'Alene Indians the United States, at its own expense, will furnish and employ for the benefit of said Indians on said reservation a competent physician, medicines, a blacksmith, and carpenter." 'This article of the treaty is without limitation as to time, and the appropriation is continued in the discretion of the Congress. The next item reads : For pay of employees at the Nez Perce Agency, 15,500. The following justification is offered in support of this item: Pay of employees, Fort Lapwai Agency, Idaho. Fiscal year ending June 30, 1914, amount appropriated $2, 200 Fiscal year ended June 30, 1913: Amount appropriated 2, 200 Amount expended 2, 200 INDIAN APPROPEIATION BILL. 383^ ANALYSIS OF EXPENDITURES. Salaries, wages, etc $2, 200' INDIAN POPULATION, 1,413. This is $3,300 more than was allowed last year and is requested in order that the appropriation for general expenses of the bureau may be relieved. The amount allowed pro-vides only for two clerks, while it has been found absolutely necessary to employ an additional clerk and a laborer during the past year, and likewise the serv- ices of a temporary stenographer for nearly the entire time. The work at Fort Lap- wai Agency is important and voluminous, and the appropriation heretofore made for the pay of employees is quite inadequate. PAY OF EMPLOYEES, PORT LAPWAI AGENCY, IDAHO. The Indian population at this time aggregates 1,413, having decreased considerably since allotments were made to the members of this tribe (Nez Perce). In 1895 allot- ments covering 178,800 acres were made to 1,876 members of this tribe and the sur- plus unallottea lanas within the reservation were restored to the i public domain, except about 2,170 acres which were reserved for school, agency, and other adminis- trative purposes. There remain at this time 32,000 acres of timber and grazing land which were reserved for use of the Inaians in common. The Chairman. I see you have stricken out the words, " One clerk, at $1,200, and one lease clerk, at $1,000 per annum" and have inserted the word " employees" there. You have stricken out all of these spe- cial employees. I notice that all through the biU that } ou have made this change. Can you give the reason for changing ttiis language ? Mr. Meritt. Two years ago, after we got our estimates at the- department, Secretary Fisher directed that all employees who were paid out of contingencies — out of the appropriation known at that time as contingency, and now know as "general support" — be spe- cifically provided for in the bill, and we made estimates for these employees who were paid out of that appropriation. We find that at this agency there are emploj^ees paid out of difl^erent funds and we thought that it would be advisable to have an appropriation to care- for all of the employees of this agency. The Chairman. Do you not think it would be better legislation in. order that the country might loiow how much the employees of the agency are getting, instead of lumping it all together, to make it specific ? Mr. Meritt. The bill in other places does not contain that specific information, and this was for the purpose of making the items uni- form. For instance, the item for the support of Indians in Arizona and New Mexico does not enumerate the positions or salaries paid. Mr. Burke. At the time we changed the bill in the particular that you mentioned we reduced the general appropriation an amount equal to these different items that have been specifically appropriated for. It^^did not add anything to the bill. In this instance you are asking for an increase of $3,300. How do you explain that? Mr. Meritt. Instead of paying the employees at that agency out of a lump-sum appropriation, we are asking that all those employees be paid out of this item. Mr. Burke. I understand that clearly, but you are asking $3,300 more than you had last year. That is what I want to hear about. The Chairman. For instance, last year you appropriated $2,200, and now you are asking for $5,500. What other employees are you going to employ, or are you going to raise the wages of those, now employed"? 384 INDIAN APPKOPBIATION BILL. Mr. Meritt. Wc are not going to employ any more or increase any salaries. It is intended that we shall pay for all employees at this agency out of this lump-sum appropriation rather than pay it out of these appropriations available through the bill. Mr. Carter. Did you cut the other appropriations down in accord- ance with that 1 Mr. Meritt. No, sir. Mr. Burke. It would look as though you wanted more employees there « Mr. Meritt. Those employees are now employed. They are not new employees. Mr. Burke. But the bill last year only carried one clerk, and now you are adding a stenographer and another additional clerk. Mr. Meritt. But those employees were paid out of other lump- sum appropriations in the bill. Mr. Burke. But what makes this $3,300 increase? That is what we want. Mr. Meritt. The employees who are already at that agency and now receiving compensation are receiving their salary out of other appropriations found in the bill. For instance, the item "School support" is probably providing for some of these employees, but I will get a statement for the record to show the employees, their salaries and the appropriations out of which they are now being paid. The information is as follows : Fort Lapwai, Idaho. Number and position. Rate ol pay. Total. Payable from— White; Iclerk }1,200 1,000 600 1,400 1,000 720 25 mo. 30 mo. 20 mo. 1,100 960 $1,200 1,000 Pay of employees, Fort Lapwai Agency, Idaho, 1914. Do. 1 lease clerk 2,200 1 "laborer 600 1,400 General expenses, Indian Service, 1914. Do. 2,000 Miscellaneous: 1,000 720 1 field matron. , , Do 1,720 2eliief3 of police. .. 600 360 720 Pay of Indian police, 1914. Do 3 privates Do 1,680 1 ranger 1,100 1,920 2 forest guards Do 3,020 900 Indian schools, support, 1914. Mr. Burke. Now, is this deducted from the lump-sum appro- priation ? Mr. Meritt. No, sir; it is a small amount and we did not take it from the lump-sum appropriation. INDIAN APPEOPKIATION BILL. 385 Mr. Burke. If you add it in one place, you should reduce it in anfithsr, Mr. Meritt. We will not object if the committee sees fit to make the item read the same as last year. Mr. Burke. What is the next item ? iilr. Meritt. The next item reads: For new buildings and their proper equipment at the sanatorium at Fort Lapwai, Idaho, including the purchase of improvements on land to be deeded to the Govern- ment by the school board of district numbered 57, State of Idaho, $55,000. In support of this item I wish to submit the following justification: In this treatment of tuberculosis it is very essential to have all bed patients separated from ambulant cases, and experience at this institution has shown the impossibility of keeping out advanced cases. There is urgent need for an isolation building. There are cases, who, in spite of all treatment, will develop advanced tuberculosis. These are the exception, but the exceptions must be cared for. Then, there are others, who, when they are admitted, are far beyond the iacipient stage of the disease, much worse than could be ascertained from any previously submitted medical report, many physicians waiting for a rise of temperature, and positive chest signs, before recognizing mcipient tuberciilosis, whereas a subnormal temperature, and languor should be the guide in sighting incipient tuberculosis, and getting the patient into surroundings of proper treatment when the latter will benefit him most. At present, in order to give our patients proper out-of-door care, and, in order to accommodate all, bed cases, and those in the various degrees of recovery must be, more or less, together, on the same porches, and have communication with each other. This is very detrimental to both. Many tuberculous cases, especially when advanced, have disease complica- tions, and must be kept absolutely at rest in bed. These cases, seeing others about them allowed to be up at times, themselves grow unwilling to remain in bed. This results, particularly in the Indian, in an attitude of mental defiance, which is com- municated to those up and about, and much of the benefit of treatment .3 lost, or greatly delayed, because of the strenuous effort necessary to bring patients to a cooperative frame of mind. Then the patient, who has passed the incipient stage, usually coughs a great deal, whereas the incipient cases cough little, many of them not at all; and again, others, are recovered and being tested for dismissal, are practi- cally well. These should not have tuberculous bed cases near them. It is depressinjg to the accomplishment of making real recovery, to say the least, even though every means possible be taken to reduce the danger of infection from such cases. The habits of bed cases seriously interfere with the progress to be made by incipient cases, if the two come into communication. For example, take the instance of sleep. Incipient cases rest well and naturally when not interfered with, whereas, hearmg a patient cough, or otherwise wakeful, they themselves grow wakeful and become depressed, and good recovery is very seriously retarded; and there are many other bad features where tuberculous patients having passed the incipient stage, are not isolated from those who are trying to recover. This institution is primarily for cases of incipient tuberculosis. Yet, when patients arrive here, far worse than the previous medical report showed, or others develop some unforeseen heart complication, and others become ill with some acute disease (the tuberculous person, by reason of a lowered vitality, is especially susceptible to contagion, the various fevers, etc.), they must be cared for, and should be, properly. It may be that such cases, unlike the incipient ones, can not recover and become useful afterwards — yet it is surprising how well even advanced cases will do with the right treatment and care — but every tuberculous individual, segregated and cared for according to prescribed sanitary methods, means protection to every well person in the community, white as well as Indian. We have here a patient, having arrived, as we thought, an incipient case of tuberculosis. Observation of his habits after arrival and further questioning revealed the fact that he was tuberculous for probably five years, perhaps more. Examination of the sputum showed it loaded with tubercle bapilli, Almost until the time of coming here this youn^ man had been employed whelre there were many children, and under the ordinary living conditions must have (unconsciously, of course) breeded his disease right and left. This is but one example o{ others similar. And undoubtedly all such patients, for their own proper care and for the protection of all around them, should be isolated in a building especially built and adapted to the patients' comfort while he is being given treatment and atten- 24465—14 ^25 386 INDIAN APPEOPKIATION BILL. tion in an environment where correct sanitation and disinfection can be observed. Cases of lupus and those of discharging glands should also be segregated. All conveniences regarding fumigating apparata, vacuum cleaning, electricity, and heating should be installed. It is quite understood that a building of this kind, complete in every necessary detail for the proper care of the class of tuberculous designated, will require more outlay than the buildings for incipient cases, but not an unnecessary thing has been requested if the sanatorium is to successfully handle the question of tuberculttuS' Indians, as these cases which should be isolated are sure to appear in the institution and should be cared for. It is equally certain for the protection of everyone concerned, especially those who are recovering and have a chance for usefulness afterwards, that all such cases should be absolutely segregated from those around them. All employees associated with the care of tuberculous patients, involving daily riek, should have every possible facility ard assistance rendered them, should receive special compenstation, and the salaries should be made in recognition of this fact. • It is estimated that the cost of this building, properly equipped, will amount to 123,000, and should be constructed of brick and cement. One diiiiflg room and kitchen, SI2,000. for the entire sanatorium plant. The present dining room and kitchen occupy the entire first floor of the building Avhich is used for the girls' dormitory and are not satisfactory for tlieir paqiose. The room is urgently needed to increase the capacity for girls. Our present rapacity for girls is 40 and is filled early in the year, rendering it neces- sary to place many applicants on the waiting list, and quite a number can not, for lack of room, be received at all. The dining room should be entirely separated from living quarters and placed in a building especially adapted to its requirements. It this is done, it will be possible to increase the capacity from 40 to 60 girls, and'will relieve the nnforttmate condition prevailing at present. I earnestly ask that the building for dining room and kitchen be allowed and that ■ the girls' building be so altered as to pennit the use of the dormitory solely for housing purposes. It is estimated that the building for dining room and kitchen, suitably equipped, will cost f-12,000. It should be constructed of brick and cement, so as to be sanitary and fireproof in every re.spect, and should be equipped with every modern cuHiiaiy apparatus. One superintendent's residence, !ji7,000. The present building occupied as a residence by the superintendent was built in 1868 and the quarters are now needed by the employees' mess and for unofficial guest rooms; besides the building is not in keeping with the other buildings, nor suitable for the occupancy of the superintendent of a sanatorium. Such a residence should be weU built, with special attention to heating, ventilation, and other equipment of a modem home. As the oflicial residence of the superintendent, his house is visited by many physicians and health experts in this section of the country, and it will excite extremely adverse criticism if present conditions are not remedied. The estimated cost of building and furnishing a suitable residence will amount to $7,000. One general office for administrative work, $3,000. The present building occupied as the general office was formerly used as a dis- pensary, is of frame construction,- and it is of such a character that it is almost impos- sible to keep it warm during the winter. It is estimated that the cost cf building and furnishing a suitable office will amount to $3,000. One boiler house and laundry, $6,500. At present our new central heating plant is separate from the laundry and shops and it requires the services of two employees to maintain the steam for both departments. It is urgently necessary that a building be constructed over the boilers, which are now housed in a temporary shed. This new building should have capacity for containing, the boilers for the central heating system, the laundry — a most important department-, in an institution of this character, the present one being old, wornout, and inadequate for the constant service required. Provision should be made for a machine shop and coal bins. With the construction of this building one man can attend to the heating system, water pumping, and laundry requirements, at one time, thus resulting ni eoonomica,! operation and efficiency. ' ' This building should be of brick and cement construction, to bo as nearly fireproof as possible, The estimated cost is $6,500. Purchase of buildings from school district No. 57, $3,500. INDIAN APPROPRIATION BILL. 387 Some 10 years ago a patent in fee for 7J acres of land was granted txj district No. 57, Nez Perce County, Idaho. At that time the Indian school was small and the close proximity of the two institutions was not considered a menace. Since that time the Fort Lapwai Indian Sanatorium has been established and we now find that the tract of land is very near the center of our institution. The school buildings on this land, consisting of wooden school building costing $2,500, one cottage costing $800 and one cottEige costing $300, a good coal and wood shed costing $150, are in a state of good repair, in addition to several outbuildings costing about"$100. As school district No. 57 has erected a fine, new brick school building in the town of Lapwai it no longer requires the plant heretofore described. The school house can easily be remodeled into a cottage and is admirably suited for a farmer's, engineer's, or other employee's cottage. ^ If tliis property should pass into undesirable hands it would be a great menace to the welfare of the institution. Several parties, one of whom wishes to establish a a winter feeding camp for sheep, have negotiated for the propery. The original patent and a wan-anty deed for the property, from district No. 57 to the United States, for which school district No. 57 is to receive $3,500, making a donation of the land back to the Government, is already on file at the Indian Office. It is earnestly requested that funds for this purpose may be provided, as the posses- sion of tliis property by outside parties may be a constant source of embarrassment to the institution. Mr. Burke. In addition to what is contained in the statement you have just read, have you anything that you wish to say in justifica- tion of this item ? Mr. Meritt. No, sir; the statement is rather full, and I believe it covers the item and shows the need of the appropriation. Mr. Burke. This refers to the enlargement of the sanatorium that, is operated at Fort Lapwai and about which I interrogated Dr. Mur- phy awhile ago ? Mr. Meritt. Yes, sir. The Chairman. What is the next item ? Mr. Meritt. The next reads as follows : There is hereby appropriated the sum of $50,000, to be immediately available and- to remain available until expended, and the Secretary of the Interior is authorized ..to use this money, or so much thereof as may be necessary, under such regulations as he may prescribe, for the promotion of civilization and self-support among the Indians residing and having tribal rights on the Fort Hall Reservation, Idaho, the said sum to be expended in the purchase of seed, live stock, vehicles, harness, ma- chinery, tools, implements, and other agricultural equipment; for the construction of houses for said Indians, and for such other purposes as the Secretary of the Inte- rior may deem proper in promoting their civilization and self-support: Provided, That said sum shall be expended under conditions to be prescribed by the Secretary of the Interior for its repayment to the United States on or before June thirtieth, nineteen hundred and twenty-five, and all repayments to this fund made on or before June thirtieth, nineteen hundred and twenty-four, are hereby reappropriated for the same purpose as the original fund, and the entire fund, including such repayments, shall remain available until June thirtieth, nineteen hundred and twenty-four; and all repayments to the fund hereby created which shall be made subsequent to June thirtieth, nineteen hundred and twenty-four, shall be covered into the Treasury and shall not be withdrawn or applied except in consequence of a subsequent appro- priation made by law. This is one of +hose revolving, reimbursable appropriations, •150,000 for the Indians on the Fort Hall Reservation, in Idaho. I have a short justification here, which reads as follows: Indian population 1) 819 Acreage of reservation area 454, 239 , Acreage of agricultural land 38, 280 Acreage of grazing land 408, 160 Acreage of allotted lands 6, 299' Acreage under ditch 38, 280 388 INDIAN APPKOPRIAllON BILL. Acreage cultivated by Indians: Irrigated 3, 298 Not irrigated 3, 2S2 Live stock: Horses -. 1 Mares 2, OOt Stallions - CowB and heifers 2, 940 Bulls 160 Steers 680 Sheep The Government has put ih irrigation projects for this reservation costing, up to June 30, 1912, $886,il3.'61, part of which is to water Indian lands. It is essential that the lands thus to be watered shall be brought under cultivation as guicklj^ possible that the water hypothecated in connection with these projects maybe bene- ficially used and the water rights perfected. While fufids for constructing these projects have been apipropriated (reifarbursaMe), no funds have been provided to enable the Indians to utilize the lands and watets, hence most of the lands are yet idle. This appropriation is requested with a view of providing the IndiaMs, individually aa their needs may indicate, with teams, implements, tools, seeds, etc., to enable thebi to clear, fence, and cUltIv4tb the lands and with material to construct hMhi. A few thoilaand dollars to be distributed to a few families, such ah ainount aS cto properly be apportioned from a general appropriation is wholly inadequafe as com- pared \fitl^ the industrial needs, hence the request for a special appropriation. It is believed that after it is made possible for the able-bodiea Indians to make homes on their redaihied allotted lands, and to cultivate theni, that they cMi achievfe sfelf-siipp'Ort, and from their live stock and .tribal beneiits they can reimbur^ the Government for the amounts thus advanced to meet their needs. BXCEHPTS PROM INSPECTlbN REPORT, PORT HALL RESERVATION, OCTOBER 28, loll The Indian population of the Fort Hall Reservation b approximately 1,8()0— Ban- nocks and Shoshones. They are mostly full-bloods and are regarded as ultra conser- vative as regards customs, habits, dress, etc. They are, as a rule, very industrious, and they are poor as regards 'personal property. These two thing's are, however, the cMet factors that will make them an independent and self-supporting people. Only ahout one-third of the Indians of the FoH Hall Reservation live in p^iinaiito't horiles, the other tw'o-thirds living in temporary stTti'ctures, tepees, and tents. A vfery few have gdod houses, while a numb'el- have srAall log huts and cabins. Port Hall Reservation, STATEMBli^T OF TRIBAL ASSETS AnA LIABILITiES. Unallotted lahds: Acres. Value. Grazing : 57,526 $287,631.00 Timber 4'5, 594 455,940.00 Mineral 160 8,000.00 lOS, 280 751, 571. Ob Timber, board feet 319, 158. (JO 1, 070, 729. 00 Tribal funds in Treasury June 30, 1913 (Doc. 328, 63d Cong., 2^ Bess.) :53, 163. 28 ,, ,, ^ $1, 123, 892. 2fe Reimbursable appropriation made to June 30, 1912 73S, (JOO. 00 Expended to June 30, 1912 725,118.54 ,,, Reimbursable to United States 726,118.54 SuUplus 398, 77'3.74 Allofeients, now all completed, were made under the acts of.Malfch 3, 1911 (SSStkt. L., 1064), and April 4, 1910 (36 Stat. L., 275). INDIAIS" APPEOPEIATION BILL. 389 The Chairman. What statement do you care to make in regard to that? Mr. Meritt. I will ask Mr. Davis to give you some detailed in- formation on that item. Mr. Davis. These Indians are very largely agriculturists in their former customs. They have very good lands and they are better \Yorkers than ordinary Indians the country over. They were unable to cultivate their lands before irrigation projects were put in,- They have never supplied themselves nor been supplied by the Govern- iiQ,ent with implements and seed. They have a number of horses, but they are not work horses. They will have to be provided with th^se things just as white men would have to be, before they can utilize the land. We think they will then be on a very good footing. V^ry few of them have to be aided in the way of rations, but they wm have to be aided otherwise to permit them to utilize their land. The Chairman. About how many of them are following the pursuit of farming, trying to do emything along that line ? Mr. Davis. About aU of them, so far as they have been able to get water. Tlie Chairman. Is there water sufficient to irrigate their land ? Jfr. Davis. There is now; yea. The Chairman. During the la^t two or three years they have had plenty of water, have they not ? Mr. Davis. Yes, sir; since the irrigation projects have been put in there has been water for all oi them, except a few in a certain portion of the reservation, a few of the Bannocks have not been supplied with water as well as we would lik;e.. Tlpie Chairman. This ^50,000 which is a new item in the biU, is for th^ purpose of supplying tliem with means to irrigate this land, for the purchase of seeds, live stock, vehicles, machinerj-, tools, and so forth? Mr. Meritt. Yes, sir. The Chairman. JIaven't there heretofore been appropriations for this same purpose, and haven't these things been heretofore supplied ? Mr. Meritt. No, sir; not for thi^ purpose. • The Chairman. This is the first appropriation made available for that purpose, siipplying seeds, machinery, tools, and so forth ? Mr. Meritt. There has been only a small appropriation for the ordinairy support and civiHzation, which means the administrative part of the service and providing for the rehef of the needy. That is about aU that appropriation covers. The Chairman. That is a lump-sum appropriation 't j\Ir. MERITT. Yes, sir: a small amount of machinery could be pur- chased from the regular support appropriation, but not very much. Then under the terras of that appropriation if the money is once used, even if the Indians reimburse the GoYernment, it could not be used again. Under the terms of this appropriation when one Indian pays ill any or all of the money for the implements that have been fur- nished him, that money can be used a,gain for another India,n and rotate iu that way. So that a $50,000 appropriation would probably mean two or three times that amount of money available for the?e Indians in the time allowed in this item. 390 INDIAN APPROPRIATION BILL. The Chairman. Only about one-half of this irrigable land has been allotted to Indians. Has the rest been sold and is it m the hands of white persons. Mr. Mebitt. The remainder as I understand it, is irrigated public lands, but it was deemed advisable to combine the two together in one irrigation project. The Chairman. Are the Indians receiving their lands free of water charge ? Mr. Mbritt. No, sir. The Chairman, But this amount here, this $50,000 is not reimbur- sable from the sale of the lands, is it ? Mr. Meritt. It is reimbursable from any funds belonging to tbe Indians. Mr. Carter. I notice in paragraph 18, you have $11,764 for equip- ment, $1,264 for seed, and again in paragraph 9, you "have $14,787 for equipment, and $585 for seed, making about $30,000 all told. That, of course, is in the general appropriation. Paragraph 18 is one and the other is paragraph 9. Mr. Meritt. Paragraph 9 provides an appropriation for "indus- trial work and care of timber. " Mr. Carter. Now, then, you have in item 55,. with the heading "purchase of implements, and so forth, for Indians of Fort Hal Reservation," a $50,000 appropriation, which seems to be for about the same purpose. Mr. Davis. It is for the same purpose as item No. 18, except that it is specifically for this particular tribe and reservation. Mr. Carter. Do you not think it would be better to have these matters all together under a general head so that we can explain to the House and the general committee at once how much we are going to be called upon to appropriate for these various purposes? Mr. Davis. I believe that is something Mr. Meritt should answer. Mr. Meritt. I would say not, Mr. Carter, for this reason: The general appropriation to which you refer is a gratuity appropriation, and this item under consideration is a rehnbursable appropriation to care for a particular condition existing on this reservation. The Government has heretofore expended about $800,000 for an irriga- tion project on this reservation, and this appropriation we are re- Siesting is an appropriation of $50,000, reimbursable, so as to get e benefit of the money heretofore expended,' and so that the Indians can make beneficial use of their land, and not lose their water rights. This is a very important item, and if approved will help solve a very important and difhcult administrative problem. Mr. Carter. I was not discussing the importance of the appropria- tion, I was discussing the manner in which it would be best to carry it in the bill. " Now, you have also several appropriations for this Eurpose which are reimbursable. Do you not think it would be etter to bring those all under one head so that we may be able to explain to the committee and to the House the aggregate amount that they may expect to have to appropriate for that purpose ? Mr. Meritt. We can supply you with a table showing the appro- priations along industrial lines and the total amount the biU carries. Mr. Carter. That is going to be very important, I think. Mr. Meritt. We will be glad to furnish you that information, but I think it would be better, both from a legislative and administrative INDIAN APPKOPEIAIION BILL. 391 standpoint— I know it will be better from the administrative stand- point — to carry the reimbursable items under different specific heads. Mr. Carter. I can see the advantage of the thing that Mr. Burke mentioned awhile ago, that the lump sum appropriation is in the interest of public administration, but I can see also, on the other side to that question, that it might be possible under some kinds of admin- istration for too much, to be expended in one place because it could not be expended in another. We wiU have to be pretty well fortified to explain everything, so we ought to have this information in con- crete shape. Mr. Meritt. The information requested is as follows: Revolving industrial appropriations. 18. Industry among Indiana .$100, 000 41. Purchase of implements, etc., Colorado River and Yuma Reservations. 50i 000 55. Purchase of implements, etc., Fort Hall Reservation, Idaho 50, 000 80. Purchase of cattle for northern Cheyenne Indians 50, 000 81 . Purchase of implements, etc.. Fort Peck Indians 100, 000 82. Piurchase of implements, etc., Blackfeet Indians 100, 000 83. Purchase of implements, etc . , Flathead Indians 100, 000 93. Purchase of implements, etc., Mescalero Reservation, N. Mex 200, 000 167. Purchase of implements, etc., Shoshone Reservation, Wyo 50, 000 133. Purchase of implements, etc., Warm Springs Reservation, Oreg 100, 000 Total 900, 000 Mr. Davis. I would like to make one statement in connection with this particular matter, which will apply to the other items of this same character. These items mean the undertaking of an indus- trial program that wUl need to be carefully worked out and extended over a term of years. In order that the Indian Office and the super- intendent in charge of the jurisdiction may be able to do this properly we need to know just what we can have during this entire time, so that we can prepare ourselves and make purchases at such times and in such amounts as may be needed. We can not do this if we have to do it by peicemeal — a little now and a little next year. It has to be worked out on a large industrial scale. It is very di'ficult to get Indians to begin an undertaking until we can assure them defmitely what aid we can extend to them. Mr. Carter. You never have done any of this work at all for the Five Civilized Tribes, have you ? Mr. Meritt. We have not used any of the reimbursable appro- priation for the Five Civilized Tribes. Mr Carter. You have done very little in the way of furnishing them with seed and building homes for them, have you ? Mr Meritt. That is true, Mr. Carter. Of course we have super- vised the expenditure of individual Indian moneys. Mr. Burke. I wish you would look at the item numbered 18, page 13, of the bin, Mr. Meritt, and then look at the item now under dis- cussion, being item 55, page 36, of the bUl, and explain wherein there is any difference in the two items, and how one is reimbursable and different from the other, if there is a difference. Mr. Meritt. They are worded along the same line, Mr. Burke, but this $100,000 appropriation is intended to care for the small Indian reservations of^the country, in places where they have not large property interests. It cares for the small reservations the same as 392 INDIAN APPBOPRIATION BILL. we have recently appoitioned $100,000 appropriated in the last ac.j; for that purpose. Mr. BuEKE. But there is no reason here, if the office qesffed, why they could not take .|50,00,0 of the amount appropriated in, tlpje l^st appropriation and devote it to the purpose that is now cont^mp^^e,d by this paragraph marked 55, is there? Mr. Meritt. There is this reason Mr. Burke (mterposing) . I want to know if "there is any reas.on vfiij it could not be done \ Mr. Meritt. No, sir. Mr. Burke. Then it is an exact duplication. In other wor^s, as Mr. Carter says, you are appropriating for general purposes a sum g| money and then you are appropriating specifically for these items in another part of the bill. Mr. Meritt. Yes, su-; because we have certain coUjditiofls on |h^|e big reservations that do not apply on the smaller res.ervatioiis, Mr. Burke. Now, we will suppose that the only items that were in the bill now for this purpose aie this one on page 13 a,nd thip one on page 55. Can you not see tliat it WQuld be, pei/ter to y^cQrp9ra|e ttem in one item with specific directions if desired, that $5Q,0,0J0 out is to be used for the Fort Hall Indians ? It is very difficult to justify large general appropriations and then specific appropriations for practically the same thing. Now, having made that comment, I want to ask you about the Fort Hall Indians, which include the Bannocks and the Shoshones, if I am not mistaken. Mr. Meritt. Yes, sir. Mr. Burke. Have they any surplus land at the present time? Mr. Meritt. Yes, sir. Mr. Burke. Isn't there a law in effect that provides for the sale of surplus land in some way. What are the facts ? Mr. Meritt. I think we can sell any existing surplus land of these Indians. Mr. BxiRKE. And they have some money in the Treasury to their credit, have they? Mr. Meritt. A very small amount. Mr. BunKE. It is something hke $40,000, ig it? Mr. Meritt. It is a very small amount; I do not know exactly the amount. Mr. Burke. The appropriation, if it is made, should provide that it be reimbursable first, out of any moneys that the Indians laay have to their credit in the Treasury. Mr. Meritt. We would be very glad to put that restriction on the appropriation; but we do need very much these approprations. Congress has hertofore been appropriating about $10,000,000 every year in gratuity appropriations for Indians. We have now mapped out in our estimates this year a constructive industrial program bj which, if Congress will permit, we can make the Indians of thiS country self-supporting, and in a few years it would not be necessary for Congress to make these gratuity appropriations amounting to $10,000,000 every year. Mr. Burke. I was just going to ask you — we may' make an appro- priation for the support of these Indians every year, which is a gratuity appropriation, but what you are striving to do, I assume, INDIAN APPROPKIATION BILL. 393 is to make these Indians more self-supporting so that that amount can be gradually reduced, and ultimately not required at all; is that it ? Mr. Meritt. Not only that, but there is another big principle involved in the appropriation. Congress has appropriated 1800,000 for an irrigation project on this reservation. These Indians are per- fectly helpless in their present condition to use this land. If Con,gress will uaake this appropriation so as to give these Indians farming implements, they can go on their allotments and make beneficial use of those allotments and use the water, so that they will not lose their water rights. Mr. Bi^iKE. How much is there in the aggregate! in this bill that comes under the subject covered by the paragraph on page 13, which is the one under discussion ? Mr. Meritt. We a,re asking fo:^ over a million dQll9,rs for indus- trial items in this bill, and a large majority of those items are reim- bursable. The Government will be reimbursed for every dollar. Mr. Sells. And protected also. Mr. BuKKE. When you say reiflibursable, do you mean reimbursable on the theory that at the expiration of the time stated, which is 1925, you are going to get the money back from these Indians ? If it is a loan to them it would not be called reimbursable, because you are not going to get it back, only a very small portion of it, in my judgment. Mr. Meritt. I think that every dollar of this appropriation will be reimbursed to the Government, because the Indians have valuable property, worth much more than we are asking for here. They have the security, and if they were individuals they could go to a bank and procure a much larger sum on their property than we are now requesting. It is a straight, gilt-edged business proposition. Mr. Burke. For our it^ formation as to this particular case, I wish you would furnish the committee with a statement showing the money in the Treasury belonging to these Indians, and just what the facts are as to their surplus lands, and how they are to be disposed of, so that we can frame some estimate of what moneys these Indians are liable to receive from all sources p,s a tribe. Mr. Meritt. We will be glad tn get tha,t, not only for this item, but for every reimbursible industrial item in the bUl. Mr. Burke. If we approve the items, the one on page 13 and the one on page 36, exactly as they are in the bUl at the present time, you could use the $50,000 at Fort Hall, and then you could take $5,000 or Sld^OOO, or any other portion of the $100,000 and use that at Fort Hall also, if you wished to do so. Mr. Meritt. Under the law where a special anpropriation for a specific purpose is made, a general appropriation, otherwise applicable, can not be iised. Mr. Burke. Now, if you are going to make a general appropriation for this purpose, there should be a provision in it that no part of the money should be used where a specific appropriation is made for the same purpose. Mr. Carter. Do you not thirk it would be better to just say "not to exceed so much to be used at such places ? " Mr. Sells. No; we have to be governed by conditions as they arise. Mr. Carter. But you are only asking $50;000 for Fort Hall. Now, then, would it not be better to include that $50,000 in with the general amount and then say, "not to exceed $50,000 of which is to be used 394 INDIAN APPEOPEIATION BILL. at Fort Hall?" That would give you this advantage, if you did not use the $50,000 at Fort Hall you could use the balance of it at some other place. The Chairman. What is the next item ? Mr. Meritt. The next item reads : To reimburse M. D. Oolgrove, superintendent of the Coeur d'AIene Agency, for expenses inciu-red in connection with the retention of an Indian charged with murder, te. The following justification is offered for the record: REIMBURSEMENT OF M. D. COLGROVB — AMOUNT ASKED FOB, $6. « An Indian accused of murder was removed from the Ceuer d'AIene reservation to the jail in the town of Tekoa, Wash. , and while there committed damage to the extent of $6, which the superintendent promptly paid, inasmuch as it was an accommodation to the Government to be allowed the use of the jail. The Office has no regular appro- priation that is available for expense of this character, and is, therefora, unable to reimburse the superintendent. The Chairman. What is the next item ? Mr. Meritt. The next item reads: Sec. 6. For expenses of the Sac and Fox Agency, Iowa, including pay of employees not otherwise provided for, $1,000. We offer the following justification in support of this item: There are about 375 Indians of this band under the superintendent of the sana- torium, which is now being operated at that place. These Indians own their land in fee and pay taxes thereon. There are, however, many matters connected with their affairs which require supervision and administration, and for this purpose it is neces- sary to employ one clerk to assist the physician in charge. The balance of the fund is to be used for traveling expenses of the agency employees, purchase of stationery, office equipment, fuel and light, and other incidentals. Paj' of employees and expenses, Sac and Fox Agency, Iowa: The Indian population under the jurisdiction of this school approximates 375, There has been no "reservation" created at this point, but with funds belonging to the Indians some 4,000 acres of good agriciiltural land has been acquired by purchase. No allotments in severalty have been made and the title of the lands purchased really vests in the Indians subject to a supervisory trust by the Secretary of the Interior, Pay of employees, Sac and Fox Agency. Iowa. Fiscal year ejiding June 30, 1914, amount appropriated $) , 080 Fiscal year ended June 30, 1913: Amount appropriated 1, 080 Amount expended 1,080 Analysis of expenditures: Salaries, wages, etc, $1,080, The Chairman. The same rule would apply to that, would it not ? Mr. Meritt. That is a reduction of $80 in that appropriation, Mr. Chairman. Wo are willing to have a reduction of $80 m this item, and let it read as we have it here. The Chairman. Which one would you put it on, the financial clerk, or the phvsician, if there is to be a reduction ? Mr. Meritt. That would he a detail that would be worked but by the office, after the appropriation is provided. The Chairman. Then you would want it to read, "For the pay of one financial clerk and one phvsician, $1,080?" Mr. Meritt. No sir; make it a lump-sum appropriation, as we have it here, "For expense of Sac and Fox agencv, " and so forth, "$1,000." INDIAN APPKOPBIATION BILL. 395 you ,\'0U ? as ncy We have made a sanitarium out of this old plant, and we need a clerk t9 assist the superintendent of the sanitarium to look after the agricultural interests of these 375 Indians. Mr. Carter. Is that all jou expend for this agency ? Mr. Meritt. No, sir; we support the sanitarium' out of another appropriation for the relief of distress among Indians. Mr. Carter. Have you any other appropriation out of which support this agency ? Mr. Meritt. The appropriation for "reUef of distress." Mr. Carter. You pay something out of that fund, too, do Mr. Meritt. Yes, sir. Not for the sanitarium, but for purposes. Mr. Carter. Is it all you expend for agency purposes there ? Mr. Meritt. Yes, sir. Mr. Burke. It looks to me as though now that you have the sani- tarium there you would not employ a physician at $480 a year. Mr. Meritt. No, sir. Mr. Burke. Thsn you want to get that $480 to pay the financial clerk that now gets $600, is that the idea ? Mr. Meritt. We want to pay the salary for one clerk to help the superintendent of the sanitarium to look after the administrative duties of the reservation. Mr. Burke. You have a clerk there now, I assume, at $600 a year ? Mr. Meritt. I do not know the exact salary that is paid. Mr. Burke. You could not pay any more than $600. Now, do I understand that you are going to give that same clerk an additional mcrease of pay, or are you jioing to pay a higher class man there ? Mr. Meritt. We probably -wdll have, instead of a financial clerk, a regular lease clerk to look after the land interests of these Indians. Mr. Carter. But the Indians have a patent in fee there ? Mr. Meritt. No, sir. Those Indians hold their land in severalty- the Indians own the lands in fee, but it is held in trust by the Federal Government. Mr. Carter. Then they do not own it in fee. patent. Mr. Meritt. Yes,_ the Sac and Fox Indians in Iowa are under a different patent froth any other Indians in the Unit?d States. Mr. Carter. Can one of those Indians sell his land ? Mr. Meritt. No, sir; the land has not been allotted. Mr. Burke. Oh, yes; they own it and pay taxes on it. Mr. Carter. It is tribal land in fee ? _ Mr. Meritt. Yes, tribal land in fee, but the Secretary of the Inte-^ nor has accepted guardianship over that land by an act of Congress. We offer here the list of agency employees called for elsewhere. Sac and Fox, Iowa. They have a trust Number and position. Kate of pay. Total. Payable from— Wliite, 1 physician S480 1,200 84 125 $480 1,200 84 900 Pay of employees, Sac and Fox Agency, Iowa, 1914. Industrial work and care of timber, 1914 MisceUaneous: 1 farmer Ijudge 3 privates Pay of judges, Indian courts, 1914. Pay of Indian police, 1914. 1 Per month. 396 INDIAN APPBOPEIATION BILL. The Chairman. What is the next item ? Mr. Meeitt. The next item is as follows: For support and education of 750 Indian pupils at the Indian school, Haskell Insti- tute, Lawrence, Kans., and for pay of superintendent, $127,750; for genera,l repairs and improvement, $13,500; for gymnasium building and equipment, $30,000; iii all. $171,250. We offer the following justification for the lecord: Indian School, Lawrence, Kans. Fiscal year ending June 30, 1914, amount appropriated $138, 750. 00 Fiscal year ended June 30, 1913 : , Aniount appropriated 138, 759. OS Amount expended 134, 70B. 94 Unexpended balance 4, 043. 06 This is not a final balance as there are probably outstanding obligations yet tq be charged against the appropriation. ANALYSIS OP EXPENDITURES. Salaries, wages, etc $49, 339. 67 Traveling expenses 8^ 15 Telegraph and telephone service 234. 23 Heat, light, and power (service) 3, 015. *'" Miscellaneous material 3, 024. 18 Stationery 102. 02 Fuel 16,09a. 64 Mechanics' supjjlies ^> 7$ Cleaning and toilet supplies 1, 714 60 Weariug apparel 8, h\% 69 Forage 1, 926, 52 Provisions 21,??5,73 Equipment 14, 851. 93 Construction and repairs 11, 59^ 55 Medical supplies. ^4. 89 Water 1,301.46 Ice 607,33 Seed 2??l- 59 Miscellaneous 7^ 00 134,706.94 Statistical statement for year ending JuneSO', WIS,. Value of school plant |299, 573 Number of buildings 66 Number of employees 67 Total salaries. $5^ 695 Average attendance of pupils 635 Enrollment 797 Capacity W Cost per capita $1W Area of school land acres. . 987 Value of products of school : $19, 773 Superintendent's estimate of absolute needs far 1915. Support $127, 750 Repairs and improvements 13, 500 Buildmgs 3CI)PA0 Total 171, 250 INDIAN APPKOPEIATION BILL. 397 Haskell Institute, Lawrence, Kans., 1915 — Amount requested in propnsed bill. For, support of 700 pupils and repairs and improvements $141, 250 Buildings 30,000 Total 171,250 The total of the several items coming under the head of current expenses, $127,750, is the same as has been approjjriated for several years for support of Haskell Institute. There is no material change ih the amount of the several items from former years. This is a; reasonable sum for the items required. The estimate for repairs and improvements for the fiscal year 191 5 is increased from $11,000 to $13,500. This increase Is deemed to be really necessary, as fully borne out by experience during the past two years, it the buildings and school plant are to be kept in proper repair and in a state of real efficiency. This school plant is probably thfe largest in the service and the sum estimated is not deemed large for the purpose, especially in view of the increased cost of both material and labor. By using school labor, botii pUpils and instructors altogether, the present appropriation might perhaps be inade to answer, but if due regard is to be had for the work of instruction and tra&iing, which is the primary object of the school, some of the work in connection with repairs and improvements should be done by hired labor. The increase requested is^mestly needed. The item of'$30,000 is for a new gymnasium building and for the equipment of same. A new gyftiuasium for Haskell Institute is certainly aii urgent need if not almost absolutely necessary. The appropriation for such a building was recommended last year by supervisor of construction Mr. John Charles and supervisor of In4_ian schools Mr. H. B. Peairs, in their letter dated September 6, 1912, arid the superintendent's letter of Uie same date. The office has heretofore recomnlended that an appropria- tio;[i for a new gymnasium building be made. This school is without a gymnasium and there is no room available and properly adwted for use for indoor recreation, and for affording proper physical training for P^Hls. The winter climate here is such that it is necessary to have a suitable place ht IndooT recreatioa during that seasoti. Besides there is no suitable place where the school children can be properly accommodated for social gatherings, and the chapel is too small for public meetings and exercises. The gymnasium would be a valuable Edition to the school for such use on many occasions in the coiu-se of a year. It will be hoted that but $5,000 is estimated for labor for this building. It is proposed to have the school supply a large part of the labor in connection with the erection of siicli a building, thereby effecting not only a large saving but affording excellent pijactical training for the boys in the building trades. It is most earnestly recom- mended that provision be made in the Indian appropriation act for such a gymnasium, as the physical well-being of the Indian boys and girls at Haskell Institute positively red hires it. fiidial school, Lawrence, Kans. There is no Indian reservation at this point, it being a nonreservation boarding school located on land purchased for that purpose. The Indian population consists solely of pupils gathered from various tribes for school purposes. Salary list in effect December 20, 1913. INDIAN SCHOOL, HASKELL INSTITUTE, LAWKENCE, KANS. — PAYABLE PROM "INDIAN SCHOOL, LAWRENCE, KANS., 1914." pDapasity, 6^0. Enrollment, 783. Average, 648.] Superintendent $2, 100 Principal 1. 500 Chief clerk 1> 500 Property clerk 1. 000 Stenographer ^' 000 Assistant clerk '20 Typewriter 600 mpKm 1.200 ETKciplinkrian i onn Physical director and outing agent !> ^00 Assistant disciplinarian °oo Senior teacher ^'00" Teacher MO E::::::::::::::::::::::::::::;:::::;;::::::;;:::::::::;;:::::;::;;;; .^^ 398 INDIAN APPEOPRIATION BILL. Teacher and outing matron $900 Teacher 630 Do - 630 Do - 600 Do : ; - ..-.;-- ......: 600 Do. 600 Do - - ^ ; - 600 Do :■-, 540 Teacher, woodworking and mechanical drawing .' 840 Teacher, metal working 720 Principal, business department - 1, 000 Superintendent of industries 1, 300 Mason 780 Printer 1, 000 Band leader 720* Music teacher ^ 720 Matron 900 Assistant matron -. 660 Do 600 Do ; 600 Do 600 Nurse 720 Seamstress , 720 Assistant seamstress 540 .Do 300 Laundress 540 Assistant laundress 300 Baker r 600 Cook. ■. 660' Hospital cook 480 Farmer 960, Assistant farmer 720 Carpenter ,...,..•. 800. Assistant carpenter 660 Shoe and harness maker 660 Blacksmith 780 Wagon maker 720 Gardener 720 Engineer 1, 100 Assistant engineer 720 ' Do .....: 720 Stewardess 780 Sewing teacher I •. 780 Cooking teacher 660 Painter 800 Dairyman , , 860 Assistant 180 Laborer 720 Do 660 Do 540 50, 860' The Chairman. Does the department follow the wishes of the superintendents in making these estimates, or to they have their own estimates % Mr. Meeitt. We get estimates from the superintendents and we go over those estimates very carefully. The estimates submitted by the superintendents would total probably between $15,000,000 and $20,000,000 for this service each year. The Chairman. In this estimate you have followed exactly the figures given you by the superintendent ? Mr. Mbritt. The superintendent of this school is conservative in his estimates, and the only thing additional that he is asking is simply* INDIAN APPBOPBIATION BILL. 399 an increase in repairs and improvements and for a gymnasium build- ing and equipment. The Chairman. Have they had a gymnasium building heretofore? Mr. Meritt. They have a building there that is totally inadequate for the children to meet in for gymnasium purposes. The Chairman. How long has this school been in existence ? Mr. Meritt. It has been in existence for probably 20 years'. The Chairman. Have they a full enrollment of children ? Mr. Meritt. They have an enrollment of 797 and a capacity of 750, and the average attendance is 635. The Chairman. What is the per capita cost at this institution ? Mr. Meritt. The per capita cost is $194. The Chairman. Is not that rather high for the number of pupils that you have there ? Mr. Meritt. We try to keep the per capita cost down to $175 wherever we can, but the cost of living has greatly increased during the last 10 years. The Chairman. This is one of the best agricultural States in the Union. Mr. Meritt. Yes, sir ; and they have a school farm there that helps some. The Chairman. What is the size of the farm there ? Mr. Meritt. They have a farm of 987 acres. The Chairman. And the products are valued at $19,772 ? Mr. Meritt. Yes, sir. The Chairman. Is not the most of that used in the school ? Mr. Meritt. A large part of it is, Mr. Chairman. The Chairman. And should not that reduce the amount of the per capita cost at this institution instead of enlarging it ? Mr. Meritt. When Congress fixed the per capita cost at $167 that was taken into consideration. At that time, as is now the case, the superintendents were permitted to use the proceeds from the farm for the support of the schools. That is known as Indian money, proceeds of labor, and it is available for expenditure for the school. The Chairman. What is the system now? Mr. Meritt. That same system applies now. The superintendent is permitted to use the proceeds from the farm for the school. The Chairman. Are they raising any stock there ? Mr. Meritt. They have a dairy herd for the school. The Chairman. And they get milk and butter from their own herd ? Mr. Meritt. Yes, sir. The Chairman. And they have gardens ? Mr. Meritt. Yes, sir. The Chairman. And farm produce ? Mr. Meritt. And some farm produce. The Chairman. Do they raise chickens and poultry ? Mr. Meritt. Yes, sir; they raise some poultry. The Chairman. As I understand it, this superintendent is an ex- cellent man and is appreciated by the department to such an extent that you are willing to take his estimate ? Mr. Meritt. I said that he was conservative in his estimates. He usually does not estimate for more than the needs of the school. 400 INDIAN APPEOPEIATiON BILL. The Chairman. And that is all the justification you can give for the amount being so much larger than the amount that used to prevail, $167 ? Mr. Meritt. There has been a gfeneral increase in the cost of living everywhere. We found it very diffichlt 10 years ago to suppor In- dian pupils at a per capita cost of 1167, and the increase iti the cost of living has probably been 40 per cent since then. The Chairman. You have an increase hete of about $32,000? Mr. Meeitt. Yes, sir. Mr. Carter. What kind of budding are they using for a gymna- sium now at the Haskell school ? Mr. Meeitt. They are using an old building. I havie been in the gymnasium and was there at a tune when they had a basket ball fame, and it was so crowded that all the pupils could not all get in the uilding, and it was absolutely unsuited for that purpose. Mr. Carter. What kind of building do they require for this pur- pose? What kind of a building would be constructed with this $30,000 ? Mr. Meritt. They would construct a modern gymnasium building. Mr. Carter. What would they build it of — brick ? Mr. Meritt. Either of brick or stone. The present buiidinf i^ brick, if I remember correctly. Mr. Carter. It would be cheaper to build a frame building there than a stone building, would it not ? Mr. Meritt. The initial cost might be less, but it would not last as long and it would cost more for repairs. Mr. Caetee. What is the size of the building they have now? Mr. Meeitt. It is only a small building; it is a one-story building with a gallery. Mr. CAetee. It was large enough for the basket-ball game, was it not? Mr. Meeitt. It was large enough for the game, but it was not larige enough lor all of the pupils to see the game. Mr. BuEKE. The per capita cost of this school is $234 and the per capita cost at Phoenix is $175. The average attendance at the Has- kell school is 635, and the average attendance at the Phoenix school is 647, and the enrollment is about the same. At Sherman Bchot)l, Riverside, the average attendance is 555. Now, it Would seem that the per capita cost at Haskell ought not to be so much more than the Eer capita cost at Sherman and Ph'oenix in view of the fact that ^tiu ave 987 acres of land at the Haskell school and produce crops on the farm to the value, in round numbers, of $20,000. Mr. Meeitt. Climatic conditions would account for a part of the increased cost, at least, at Haskell over the cost of the s'chool at Phoenix. It requires more for clothes, tnore for heat, and Jnore for some other purposes. Mr. Burke. I notice from your analysis that $16,000 i^as expended for fuel at this school last year; is not that a rathfer large amount for fuel? Mr. Meritt. They have a large number of buddings at this school to be heated. INDIAN APPKOPEIATION BILL. 401 Mr. Burke. The attendance at the Sherman Institute at Eiverside, Cal.,is 555 and the enrollment is 700; at Phoenix the average attend- ance is 647 and the enrollment is 785. At Haskell the average attend- ance is 635 and the enrollment is 797. At Sherman there are 52 employees receiving $36,904.96; at Phoenix there are 69 employees receiving $48,817.91, and at Haskell there are 67 employees receiving $49,339.67. Should the increased cost for employees at Phoenix and Haskell over the cost at Sherman be as much as the difference between $36,000 and $48,000 ? Should the difference be that much because of the average attendance being nearly 100 more ? Mr. Meeitt. That will account for a part of it. Mr. Burke. Taking these thr«e schools for compa'rison, I would say that the Sherman school is the most economically administered, and that the Haskell school is administered on a rather extravagant plan. 1 think there might be a chance for some reduction in the expense there without material injury to the institution. (Thereupon, at 12.30 o'clock p. m., the committee adjourned until Friday, December 26, at 10 o'clock a. m.) The Chairman. Mr. Meritt, what is the next item that you wish to take up ? Mr. Meritt. The next item reads: "For support and education of 80 Indian pupils at the Indian School, Kickapoo Reservation, Kans., and for pay of superintendent, $14,860; for general repairs and improvements, $3,000; in all, $17,860. The following justification is offered for the record : Indian school, Kickapoo Reservation, Kans. Fiscal year ending June 30, 1914, amount appropriated $17, 860. 00 Fiscal year ended June 30, 1913: Amount appropriated 17, 860. 00 Amount expended 15, 127. 78 Unexpended balance 2, 732. 22 This is not a final balance, as there are probably outstanding obligations yet to be charged against the appropriation. ANALYSIS OF EXPENDITURES. Salaries, wages, etc $7, 555. 22 Telegraph and telephone service 64. 45 Miscellaneous material 184. 14 Stationery 6. 40 Fuel 861. 45 Mechanics' supplies 1. 72 Cleaning and toilet supplies 98. 13 Wearing apparel 1, 354. 42 Provisions 1, 608. 76 Equipment 846. 78 Construction and repairs 2, 451. 80 Medical supplies 92. 11 Miscellaneous 2. 40 Total -. - 15, 127. 78 24455—14 26 402 INDIAN APPEOPEIATION BILL. Statistical statement for year ended June SO, 1913. Value of school plant $26, 476 Number of buildings. 19 Number of employees X2 Total salaries 17, 560 Average attendance of pupils 70 Enrollment 90 Capacity 71 Cost per capita , $181 Area of school plant acres.. 240 Value of products of school $3,698 Superintendent's estimate of absolute needs for 1915: Support $14, 935 Repairs and improvements , 3, 600 Buildings 500 Total 18, 435 Kickapoo Indian School, Horton, Kans., 1915, amount requested in proposed bill: For support of 80 pupils and pay of superintendent $14, 860 Repairs and improvements 3, 000 Total 17, 860 The amount asked for support, $14,860, is to meet the expense of the regular support items, including subsistence, clothing, fuel, medical supplies, etc., for 80 pupils, and the salaries of the superintendent and the employees of the school. This is the same amount appropriated for the fiscal year 1914. The amount requested for repairs and improvements is barely sufficient to keep the buildings in a habitable condition. The buildings are old and require constant care and repairs, including painting, repairing of floors, plaster, and keeping the roofs in good condition. This reservation comprised originally about 29,000 acres, of which 27,531 have been allotted in severalty to 350 Indians. Two hundred and forty-five acres have been reserved for church, agency, and school purposes. The Indian population at this time approximates 500. Salary list in effect Dec. 20, 191.3. [Payable from "Indian School, Kickapoo Reservation, Kansas, 1914.''] Capacity 71, enrollment 87, average 70. Superintendent $1, 600 Principal 840 Financial clerk 900 Physician 300 Teacher 600 Matron , 600 Assistant matron 300 Seamstress 420 Laundress 420 Cook 420 General mechanic 720 Laborer 540 7,560 The Chairman. That is the same amount and for the same pur- poses as last year; there is no f-hange at all ? Mr. Mbritt. There is no change. Mr. Burke. Is this school located on a reservation? Mr. Mebitt. It is loca.ted among the allotted lands of Indians around that school , and it is known as the Kickapoos Reservation School. Mr. Burke. But, in fact, it is a nonreservation school ? Mr. Meritt. It is considered a nonreservation school. INDIAN APPEOPEIATION BILL. 403 The Chairman. You classify it as a iioiireservation scliool in the service ? Mr. Meritt. Yes, sir. The Chairman. What is the next, Mr. Meritt? Mr. Meritt. The next item reads — For fulfilling treaties with the Sacs and Foxes of the Missouri: For support of a school (art. 5, treaty of Mar. 6, 1861), $200. We offer for the record the following justification for this item: Support of Sacs and Foxes of the Missoiiri, Kansaa $200.00 Fiscal year endiiis; June 30, 1914 ; amount appropriated $200. 00 Fiscal yettr ended .lune 30, 1914: amount appropriated 200.00 Unexpended balance 200. 00 Indian population, 365. The Sac and Fox Indian School has beeu discontinued and the plant turned o\'er to the public-school authorities, the Indian children to attend on the same terms as the white children. This plan was found successful last year, and should it be equally as successful this year there will be no further need for "this appropriation and it will not be asked for another year. The provision of the treaty dated March 6, 1861 (12 Stats. L., 1172) providing for this expenditure reads as follows: " Articlk V. In lU'der to encourage education among the aforesaid tribes of 1 ndians, it is hereby agreed that the United States shall expend the sum of $1,000 for the erec- tion of a suitable school-house and dwelling-house, for the school teacher, for the benefit of the Sacs and Foxes, and also the additional sum of $200 per annum for school purposes, so long as the President of the United States may deem advisable." Approximately 19,000 acres have been allotted in severalty to 265 members of this tribe. There is no surplus unallotted land within the former reservation except some 24 acres which are reserved for administrative purposes. The Chairman. What is the next item, Mr. Meritt ? Mr. Meritt. The next item reads — For support and education of 350 Indian pupils at the Indian School , Mount Pleasant, Mich., and for pay of superintendent, $60,450; for general repairs and improvements, $6,000; for gymansium and manual training buildings and equipment, $25,000; in all, $91,450. We offer for the record the following justification: Indian School, Mount Pleasant, Mich. Fiscal year ending June 30, 1914, amount appropriated $71, 275. 00 Fiscal year ended June 30, 1913: Amount appropriated 61, 275. 00 Amount expended 57, 752. 38 Unexpended balance 3, 522. 62 Note. — This is not a final balance as there are probable outstanding obligations yet to be charged against the appropriation. ANALYSIS OP EXPEN'DITUHES. Salaries, wages, etc $22, 727. 05 Traveling expenses 220. 80 Telegraph and telephone service - •- - 68. 92 Jleat, light, and power (service) ^^^- ^0 Miscellaneous material -^1- Oo Stationery 20. 60 Fuel 7,132.19 Mechanics' supplies _^^- ^^ Cleaning and toilet supplies ^^^- ^ Wearing apparel 'oit'ln Forage '^°' • *^ Provisions I'*' ^^O- 38 Equipment 4, 636. 2b 404 INDIAN" APPEOPBIATION BILL. Construction and repairs $4, 817. 56 Medical supplies ; 133. 93 Miscellaneous 420. 54 57. 752. 38 Also $11,527.99 expended from appropriation "Indian School, Mount Pleasant Mich., Buildings." Statistical statanentfor year ending June 30, 191S. Value of school plant $174, 459 Number of buildings 37 Number of employees 36 Total salaries , $22, m Average attendance of pupils 311. 2 Enrollment 363 Capacity 350 Cost per capita $173. 31 Area of school lands acres. . 320 Value of products of school $7, 347 Superintendent's estimates of needs for 1915: Support $60, 460 Repairs and improvements 6, 000 New buildings 55, 000 Total 121,450 Indian school, Mount Pleasant, Mich., 1915 — Amount requested in pro- posed bill: Support of 350 pupils and superintendent's salary $60, 450 Repairs and improvements 6, 000 New buildings and equipment 25,000 Total 91,450 This is the only Indian boarding school in the State of Michigan, and there are about 1,400 available children of school age. Without going outside of the State, it is filled to its full capacity, and is unable to accommodate the number of needy Indian children that seek admission. There are 37 buildings at this plant to be kept in repair. The repairs needed this year are repainting, replacing floors, adding steel ceilings, and making general neces- sary repairs to all buildings; also repairing and extending water, sewer, heating, and lighting system. There is no gymnasium at the school and one is needed badly for the proper physical training of pupils during the long winter season. Suitable gymnastic equipment should be included also in this building. The present shop building is entirely too small to meet the needs of the school and part of the gymnasium building should be equipped to give pupils practical instructions in manual training. This school has an efficient corps of instructors, and is filled to its capacity. It will be necessary to maintain it for a number of years. A nonreserv'ation boarding school, which is designed to provide educational facil- ities for Indians in the State of Michigan. There is no "reservation" in its true sense under the jurisdiction of this school, but the superintendent is frequently called on for information and reports with reference to Indians located on the public domain when such are desired. Salary list in effect Dec. 20, 191S. [Payable from "Indian school, Mount Pleasant, Mich., 1914."] Capacity, 325; enrollment, 360; average, 312. Superintendent. $2, 009 Principal and clerk 1, 200 Assistant clerk 600 Physician 700 Disciplinarian 720 Teacher 870 Do .... 750 Do .. 690 Do ■ ... 630 Do .. 600 Do ■ 600 INDIAN APPBOPEIATION BILL. 405 Matron $640 Assistant matron 660 Do 600 Do 600 Do 300 Housekeeper 500 Nurse , 720 Assistant nurse 300 Seamstress 600 Assistant seamstress 300 Laundress 600 Baker 500 Cook 600 Assistant coak 300 Farmer 840 Assistant farmer 420 Carpenter 720 AsBista'Bt caipenter 300 Tailor 720 Gardener 600 Engineer 940 Assistant 240 Uo 240 Bandleader 800 Laborer 500 Total 22, 700 Tile Chaibman. You say that you have no gymnasium there at all ? Mr. Meritt. No suitable gymnasium. The Chairman. What do you mean by "suitable"? You have one, have you not ? Mr. Meritt. They get along the best they can with the present plant, but they have no regular gymnasium. On account of the cold climate the office feels that it would be advisable to have a place for the children to take exercise and to take manual training. ' The Chairman. Why was not this school put on a reservation ? Mr. Meritt. That school was established a number of years ago, Mr. Chairman, but I do not know the exact reason why it was not put on one of the reservations. The Chairman. Have you some boarding schools on the reserva- tions of this State ? Mr. Meritt. No, sir. This is the only nonreservation school in the State. The Chairman. Have you not some boarding schools on reserva- tions in this State ? Mr. Meritt. We have some mission schools. The Chairman. How many pupils are cared for in the mission schools ? Mr. Meritt. We have a mission school among the Chippewas, Lake Superior, at Baraga, the capacity is 152, the enrollment 90, and the average attendance 50. This is a mission boarding and day school. It is conducted without cost to the Government. The Chairman. There is no charge against the Government 1 Mr. Meritt. I understand the Government does not pay for the expenses of those children. The Chairman. You have increased the number from 325 to 350, and I find that is the case in a great many instances. Why is it the policy of the office to increase the number in so many nonreservation schools ? 406 INDIAN APPEOPBIATION BILL. Mr. Mekitt. Because with the present equipment we feel that we can provide for an additional number of pupils in the school. There is a large number of children in the State of Michigan, who are now without school facilities, and we thought it would be good administra- tion, with the present plant already constructed, to provide for addi- tional pupils. It would reduce the general cost per capita for each pupil. The Chairman. Are you enlarging the boarding schools on the reservations 1 Mr. Meritt. We are filling them to the full capacity. The Chairman. But you are hot expending any money on schools of that class ? • Mr. Meritt. Yes, sir. The Chairman. Can you give us an estimate of the ainount of money you are spending in building up the various boarding schools on the reservations ? Mr. Meritt. Yes, sir. The Chairman. And also state how many additional children you have put in the boarding schools on the reservations under the last appropriation ? Mr. Meritt. Yes, sir. _ We increase the facilities of the boarding schools on the reservations out of the lump-sum appropriation known as Indian school and agency buildings. The following infor- mation is offered for the record: Construction work at reservation boarding schools, 1913. School. Fund. Amount. /Interest on Blackleet Reservation 4 per cent tvmd. S8, 127. 23 \Indian school and agency buildings 8 127.32 16,254.55 2,005.37 4,631.41 8 586.66 Caiitomnent .... do Clieyemie and Arapahoe Indian school and agency buildings . do Crow Indian moneys, proceeds of labor 5,960.00 12 633.97 Crow Creek Education, Sioux Nation Euchee Interest on Creek general fund l|43904 711.75 do Fort Belknap 2,765.35 1,631.70 3,842.00 641.96 Fort Bidwell Fort Peck ....do Fort Yuma do /Interest on Menominee log fund S2, 594. 33 I- ...do 226.15 2,820.48 7 008.80 Kiowa (Riverside) Indian school and agency buildings Leecli Lake 7,587.00 Navajo 2 918.68 Pawner 9,323.04 Pine Ridge 5,401.94 Red Lake Interest on Chippewa in Minnesota fund 3,841.81 2,496.35 Seger Southern Ute do... 7,541.53 Standing Bock (agency school) /Standing Rock Reservation 3 per cent fund S18, 025. 00 \Education, Sioux Nation 735.41 18,760.41 1,443.64 Standmg Sock (agricultural standing Rock Reservation 3 per cent fund school). Wheelock 4,294.93 Yankton Indian school and asencv buildinEr"? 8 682.00 Zuni do 1,385.83 Total 156,224.56 INDIAN APPKOPKIATION BILL. 407 Mr. Burke. There are no Indian reservations in the State ol Michigan ? Mr. Meeitt. There are no regular leservations. There are some Indians who have been allotted lands in that vState. Mr. Burke. Is there any money expended for the support of Indians in Michigan other than the" maintenance of this school 1 Mr. Meritt. We have one day school in Michigan at Bay Mills which has a capacity of 32, an enrollment of 36, and an average attendance of 23, with 2 employees. Ml". Burke. The only money we spend for the Indians in Michigan is for education ? Mr. Meritt. Yes, sir; except at the Baraga Agency and that is only a small amount. Mr. Burke. And that is entirely a gratuity? Mr. Meritt. Yes, sir. Mr. Burke. There is no treaty obligation, and we are simply educating the Indian children in Michigan on the theory that unless the Government does they will go without education to a large extent ? Mr. Meritt. These Indians are wards of the Government. They have been allotted lands which are held under restrictions, and the office has felt that it was a duty the Government owes those Indians to educate their children if they can not get school facilities within the State. Mr. Burke. This school is filled entirely with children who reside in Michigan ? Mr. Meritt. Yes, sir. Mr. Burke. Do you know whether the other Indian children who are not in this school are generally attending other schools ? Mr. Meritt. We have a few Indian children attending State schools; and if they can not get school facihties within the State, there is no objection to them attending nonreservation schools elsewhere. Mr. Burke. Does this school have an industrial feature ? Mr. Meritt. Yes, sir. Mr. BuBKE. Are the children all over 14 years of age, or do you take them there at any age after they are old enough to go to school ? Mr. Meritt. We apply the same rules there that we apply to other nonreservation schools. The Chairman. Let us take up the next item. Mr. Meritt. The next item reads: For pay of expenses of the Mackinac Agency, including pay of employees not other- wise provided for, ,$2,400; for purchase of site and construction of agency building, 11,200; in all, $3,600. We offer for the record the following justification of this item. Pay of Employees, Mackinac Agency, Mich. Fiscal year ending June 30, 1914, amount appropriated $2, 000 Fiscal year ended June 30, 1913 : Amount appropriated - 2, 000 Amount expended ■ 2, 000 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 2, 000 Amount asked for, $3,600. Indian population, 1,097. 408 INDIAN APPEOPEIATION BILL. The increase in the amount asked for in this appropriation consists of two items; The first permanent in nature, calls for |400 in the amount paid for employees; and the second, which will not have to be reauthorized in future years, is $1,200 for the erection of an agency office. It is necessary to have a doctor in charge at the Mackinac Agency so tliat the same ofBcial may look after the administration of the affairs and the health of the Indians living under that jurisdiction. The salary in past years, $1,100, was limited because the special agent was allowed to engage in outside medical practice and in that way supplemented his income. The private practice, however, consisted in acting as con- tract physician for several large lumber compaiies which purchased the timber on Indian allotments. It was believed that his duties as special agent and as contract physician for the lumber companies might conflict, or at any rate, subject him and the Indian Service to criticism. He was directed, therefore, to discontinue contract work. As a con- sequence, the special agent's income is limited to $1,100 per annum, and this is too small a compensation to retain the services of a competent official having the requisite professional qualifications. As this is a specific appropriation, hence the request for an increase in the amount allowed for employees. The Mackinac Agency is maintained to supervise the fiscal affairs of the Indians in Michigan, principally members of the L'Anse, Vieux Desert, Isabella, Chippewa, Swan Creek, Black River, and other tribes, particularly with reference to their timber and laud matters. Ninety-eight thousand three hundred and ninety-five acres have been allotted to 1.943 Indians on the former Isabella Reservation; 52,041 acres allotted to 666 Indians of the L'Anse Tribe; 2,561 acres have been allotted to 35 Indians of the Ontonagon Band, and 120,470 acres allotted to 1.800 members of the Ottawa and Chippewa Bands. These allotments were all made many years ago and there is no tribal land other than a few acres reserved for school and administrative purposes. The Chairman. What is the increase here; $2,100, I believe. Mr. Meeitt. No, sir; $1,600 increase, Mr. Chairman. The Chaikman. Have you no agency buildings there at all at the present time ? Mr. Meeitt. No, sir; The Chaieman. The $400 increase in the pay of employees? Mr. Meritt. To increase the salary of the physician. We can not retain that physician and superintendent at that salary. He has been making money heretofore out of private practice. Mr. BxjRKE. The amount appropriated last yearr was $2,000. Now, do you enxploy a lease clerk at $900 a year ? Mr. Mbritt. Yes, sir; we employ a financial clerk at $900. Mr. Btjeke. And now you purpose to give the superintendent a salary of $1,600? Mr. Meeitt. We propose to probably give the physician $1,500 and the financial clerk $1,000. Mr. Btjrke. That would only leave you $1,100 for a building site ? Mr. Mbeitt. The superintendent will probably get an increase of $400 and the clerk will receive $900. We here offer the list of agency employees called for elsewhere. Chippewa Indians, Mackinac Agency, Lake Superior, Mich. Niimtier. Position. Rate of pay. Total. Payable f rom— 1 1 White. Special agent Fmancialclerk 31,100 900 $1,100 900 2,000 Pay of employees, Mackinac Agency, Mich., WM- INDIAN APPKOPEIATION BILL. 409 The Chaiejman. What is the next item, Mr. Meritt ? Mr. Meritt. The next item reads as follows : For support and education of 225 Indian pupils at the Indian School, Pipestone, Mnnesota, and for pay of superintendent, $39,175; for general repairs and improve- ments, $6,500; for lavatory, $3,500; in all, $49,175. The following justification is offered for the record; Indian school, Pipestone, Minn. Fiscal year ending June 30, 1914: Amount appropriated $45, 875. 00 Fiscal year ended June 30, 1913 : Amount appropriated $46, 175. 00 Amount expended 44, 034. 18 ""Unexpended balance 2, 140. 82 ANALYSIS OF EXPBNDITTJRBS. Salaries, wages, etc $15, 700. 41 Telegraph and telephone service 50. 25 Miscellaneous material 253. 58 Stationery 9. 80 Fuel 4,737.97 Mechanics' supplies 31. 95 Cleaning and toilet supplies 443. 10 Wearing apparel 5, 291. 98 Forage. 27. 75 Provisiona 6, 034. 28 Equipment 4, 113. 96 Construction and r^airs 6, 937. 56 Medical supplies 185. 50 Miscellaneous 21€. 81 Total 44, 034. 18 Statistical statement for year ending June SO, 191S. Value of school plant §87, 650 Number of buildings 19 Number of em-ployees 24 Total salaries $15, 950 Average attendance 198 Effirolhnent 228 Capacity 225 Cost per capita, $187 Area of school farm acres. . 685 Value of products of school $3, 644 Superintendent's estimate of needs for 1915. Support $39, 175 Repairs and improvements 6, 700 Buildings 49,000 Total ; 94, 875 Indian school, Pipestone, Minn., 1915, amount requested in proposed bill: Education and support of 125 pupils, including salary of superintendent. . $39, 175 Repairs and improvements 6, 500 New buildings 3, 500 Total 49,175 The amounts above estimated for maintenance expenses, general repairs, and improvements at this school are the same as those appropriated for the fiscal year 1914 for like purposes; conditions at the school do not seem to justify a reduction in either of these items of expenditure. 410 INDIAN APPROPRIATION BILL. The general condition of the plant ia unaatisfactory. The need of a lavatory build- ing at this school ia imperative, and proper proviaion therefor is made in the above eatimate. The authorization of the item of |3,500 aubmitted for this purpose is urgently recommended. Indecision in prior years as to the future of the achool has resulted in a retardation of improvementa on its plant. Extensive repaira have h,een made diiring the last fiscal year, such aa the laying of floors, sheds for coal storage, and other purposes, and in the early half of the ciirrent year other improvements have been effected. How- ever, the plan of repairs and improvements at this school, to which the office has given its decided attention, has been but partially carried into effect thus far. This school is located at a convenient distance from large centers of Indian popula- tion, and for that reason its usefulness in the present plan of Indian education is readily apparent. It will be needed for a number of years to come. It is the only nonreservation industrial training achool in the State of Minnesota. A nonreservation boarding school to provide for some 225 pupils. There is n,o s?s R-p-R- 3.a3 u*tj yi .3 CO p, S"S.... "a^n 000 OQQQOOPQoS^"nQOO III - H £ =« ss es S) o ^ ft M ft B'B ^1 Mis ■9 " Hi >rn ^•1 c o s p. o l-Sl-2 5S . K£^- 12; ft : A .0030000'. . ■ ::25ft !z;ft : oo o^o ooooooo oo oo^ ooooooo O iQ IQ O-tH cm W O cm O O^OO OoT "cP^Tir i-TiQTfco'O"* O "g Sic p p 9 Q o o o 6 O O O O I OOQO ®>r ^ft ooooo o oooo (O OCOIOIO CM c^ oooo Ooooo cqPQ .' .' : o.a on CO t^COiO s o, 5 (0030001 lOOOOO «0 OJ M OCOCO 00>O'*'*O i-lt^O CMOOOOeOO MI^iO C-l -CM useo CO OrP oeo 5r-tCO t-(N , »000000 OOO c>] o >ra lo if3 o lo 00 CM c^ so eo 'o (^> — * ai^s fl s ^ ^ _ s .s 414 INDIAN APPEOPRIATION BILL. The next item reads as follows: For support of a school or schools for the Chippewas of the Mississippi in Minnesota (article 3, treaty of March 19, 1867), ?4,000. We offer for the record the following justification for this item: Support of Chippewas of Mississippi in Minnesota, Fiscal year ending June 30, 1914 : Amount appropriated |4, 000. 00 Fiscal year ended June 30, 1913: Amount appropriated 4,000.00 Amount expended 3, 948. 89 Unexpended balance 61. Jl ANALYSIS OP EXPENDITURES. Salaries, wages, etc $3,948.89 This appropriation has been and is to be used at the White Earth Boarding School. , Statistical statement White Earth Boarding School for year ending June 30, 191S. Value of school plant $38, 436 Number of buildings 14 Average attendance 130 Enrollment 166 Capacity 130 Number of employees 19 Total salaries $10, 580 During the fiscal year 1913 the $4,000 was expended as follows: Administration, superintendent's salary $2, 100 Salaries of other employees (carpenter, shoe and harness maker, and en- gineer 1, 900 Total $4,000 The additional sums necessary for the support of the White Earth School are pro- vided for from other funds. SUPPORT OF CHIPPEWA INDIANS OP MISSISSIPPI IN MINNESOTA. The status of their land is shown by the following table: Rescr\'ation. Indians allotted. Area allotted. Area unallotted. Bois Forte 0S4 4 408 304 019 135 3 5,162 Acres. 54,524 295 27,637 24,191.31 47,513 13, 682 320 672,986 Acta. Deer Creek Fond du Lac Leech Lake Medawakanton Red Lake 543,828 White Earth 29,736 7,319 840,048.31 573,2M The allotments were made on many of these reservations years ago and the surplus lands after allotment were placed on the market. At each reservation a comparar tively small area is reserved for school, agency, and administrative purposes. Practi- cally all the Indians entitled to allotment on the reservations listed have been allotted except at White Earth and Red Lake. The allotment work on the White Earth Reservation is still in progress and it is expected that the number of Indians yet to be allotted will exhaust every acre remaining within this reservation. On the Kea Lake Reservation, where some 500,000 acres of tribal land exist, the Indian popula- tion at this time approximates 1,500 members. INDIAN APPEOPBIATION BILL. 415 Article three of the treaty of March 19, 1867, with the Chippewae of the MisBiesippi, ratified March 8, 1867 (16 Stat. L., 719-720), is in part as follows: "In further consideration for the lands herein ceded, estimated to contain about two millions of acres, the United States agree to pay the following sums, to wit: Five thousand dollars for the erection of school buildings upon the reservation provided for in the second article; $4,000 each year for 10 years, and as long as the President may deem necessary after the ratification of this treaty, for the support of a school or schools upon said reservation * * *." It would appear from the language used in the treaty that this appropriation should be continued ''as long as the President may deem necessary" after the ratification of the treaty. Mr. Burke. In the justification, Mr. Meritt, it is stated: "The additional sums necessary for the support of the White Earth school are provided for from other funds." I wish you would let us know how much is expended there ? Mr. Meritt. The information called for is found in the following list of positions : Table showing positions and salaries at the White Earth superintendency and the funds from which they are payable. Position. Salary. Payable from — Superintendent $2, 100 1,600 1,000 660 630 600 600 720 600 540 520 520 480 540 600 Support of Chippewaa of Mississippi, Minnesota, 1914. Interest on Chippewa in Minnesota fund. Interest on Chippewa in Minnesota fund. Do. Assistant superintendent WHITE EARTH BOARD! Principal NG SCHOOL. Teacfier Do. Do Kindergartner Teacher ol housekeeping, $72 per month. Matron Assistant matron. 10 months, at Do. Do. Do. Do. Do. Seamstress Laundress Baker Cook Farmer Do. Do. Do. Do. Do. 8,010 Carpenter 600 500 800 Support of Chippewas of Mississippi, Minnesota, 19H. Engineer Do. 1,900 Night watchman . . 500 500 Interest on Chippewa in Minnesota fund. Laborer SCHOOL. Do. WILD RICE RIVER Principal Disciplinarian Teacfier Matron 1,000 1,000 600 630 560 500 480 420 480 600 Interest on Chippewa in Minnesota fund. Do. Do. Do. Do. Seamstrftss Do. Do. Cook.... Do. Do. OOL. 5,170 PINE POINT sen Principal.. . 900 500 540 300 420 400 Interest on Chippewa in Minnesota 'und. Disciplinarian Do. Matron. . Do. Assistantmatron Do. Seamstress Do. Laundress Do. 416 Table INDIAN APPEOPBIATION BILL. positions and salaries at the White Earth Superintendency and the funds from which they are payable — Continued. Position. Salary. Payable Irom- piNE POINT SCHOOL — Continued Assistant laundress Cook Assistant cook Teacher Laborer. POKTERTIHE DAT SCHOOL. Toacber Housekeeper KOUND LAKE DAY SCHOOL. Teacber Housekeeper ELBOW LAKE DAY SCHOOL. Teacber Housekeeper WHITE EAHTH DAT SCHOOL. Teacber Do TWIN LAKE DAT SCHOOL. Teacber Housekeeper FIELD SERVICE. Pbysician Do Female Industrial teacber $300 400 300 500 360 4,920 720 300 720 300 720 300 750 720 720 300 1,400 1,000 720 8,670 Interest on Cbippewa in Minnecota fund. Do. Do. Do. Do. Interest on Cbippewa in Minnesota fund. Do. Interest on Cbippewa in Minnesota fund. Do. Interest on Chippewa in Minnesota fund. Do. Interest on Cbippewa in Minnesota fund. Do. Interest on Cbippewa in Minnesota fund. Do. Interest on Cbippewa in Minnesota fund. Do. Do. Total amount payable from "Support of Cbippewas of the Mississippi, Minnesota, 1914" . . 14,000 Total amount payable from "Interest on Chippewa in Minnesota fund" 29,870 The Chairman. What is the next item ? Mr. Meritt. The next item reads as follows : The Secretary of the Interior is hereby authorized to withc'raw from the Treasury of the Uiuted States, at his discretion, the sum of S185.000, or so much thereof as may be necessary, of the principal sum on deposit to the aedit of the Chippewa Indians m the State of Minnesota, arising under section 7 of the act of Jam; ary 14, 1889, entitled "An act for the relief and civilization of the Chippewa Indians in the State of Minne- sota, " and to ise the same for the purpose of promoting civilization and self-support among the said Indians in manner and for purposes provided for in said act: Provided, That not to exceed $20,000 of this amount may be used in the purchase of lands for homeless nonremoval Mille Lacs Indians, to be immediately available and to remain available until expended, said lands to be held in trust and may be allotted to said Indians, in the discretion of the Secretary of the Interior, subject to the provisions of the act of February 8, 1887 (24 Stat. L., p. 388), as amended. The following justification is offered in support of this item: The Chipi)ewas in Minnesota fund was created by virtue of the act of January i, 1889, and it is derived from the proceeds of timber on ceded lands sold by agreement for the benefit of the Indiana. A provision in this act provides that aiter the United States has been reimbursed for moneys advanced to the Indians, a certain amount, not to exceed 5 per cent of the principal fund, may be withdrawn for the support and civilization of the Indians. The United States has been reimbursed for all advance- ments made, and during the past three years Congress has set aside each year a part of the fund for administrative purposes. The principal fund is being added to conetanfly and although Congress appropriated $165,000 therefrom for the fiscal year 1914, there INDIAN APPKOPEIATION BILL. 417 was on November 10, 1913, over $500,000 more in the principal fund than when the appropriation for the previous fiscal year was justified. As me agreement permits of setting aside 5 per cent of the principal fund each year, there could be appropriated by Congress for the fiscal year of 1915 at the above rate from a balance of 14,835,712.13, the sum of 1241,785.60. The estimates, however, are for but $186,000, of which $166,000 represents identical expenditures with those hereto- fore allowed, and $20,000 represents an additional allotment to be used in the purchase of lands for nonremoval Mille Lac Chippewa Indians. One thousand dollars repre- sents an amount which Congress has allowed for years past for the purpose of financing an annual celebration at the White Earth Reservation by the Chippewa Indians of Minnesota. Of the sum asked for, therefore, $165,000 will be used in administering the affairs of 11,000 Indians located on the six reservations in Minnesota. This number of superin- tendencies is necessary, as each of the reservations is either so large or so widely sepa- rated from the others that the work can not be handled as successfully by combining any of them. A year ago a careful survey was made of the agricultural needs of the Chippewa Indians and it was decided that the lumber industry would last but a few years longer, ' andthatitwasnecessarytobringthelndianstoaproperappreciationof the possibilities of the soils of their lands. A comprehensive plan of road building, of demonstration farms, and placing of practical farmers at points where they could loan farming equip- ment to the Indians was evolved. Heretofore large balances from the amount with- drawn have been returned at the end of each fiscal year to the principal fund, but the plan above outlined, together with the increased demands on the fund for furnishing mel to employees as provided by the Indian appropriation act for the fiscal year 1914, and for educational purposes, make $165,000 barely sufficient for next fiscal year's program. The Chippewa Indians have in the Treasury to their credit about $5,000,000, and it has heretofore been the poucy of Congress, where Indians have large amounts to their credit, to provide for the adminis- trative expenses out of those funds. The Chaieman. It is the wiU of the Indians that it be appropriated in this way ? Mr. Meritt. I would not say that, Mr. Chairman. The Chairman. Is there not a treaty agreement to that effect ? Mr. Meritt. There is a treaty agreement to that effect. The Chairman. Then this is in pursuance of that treaty agreement. Mr. Burke. Mr. Meritt, this is simply authorizing the Secretary to expend of money now in the Treasury to uhe credit of this tribe this amount for their benefit. Mr. Meritt. Yes, sir. Mr. Burke. And it is proposed to increase the amount from $165,000 to $185,000? Mr. Meritt. Yes, sir. Mr. Burke. And is that considered necessary? Mr. Meritt.. The increased appropriation, amounting to $20,000, is intended to be used to purchase lands for certain homeless MUle Lac Indians. Mr. Burke. Do you think the fund is available for the purpose of purchasing land for removal and the purchase of land for certain homeless Mille Lac Indians ? Mr. Meritt. I think under the law Congress can make this fund available for that purpose in view of the decision of the Supreme Court in the Lone Wolf case. Mr. Burke. Under the existing law these Indians had the right and stiU have it to remove to White Earth and be allotted; is that true? Mr. Meritt. Yes, sir. 24455—14 ^27 418 INDIAN APPROPRIATION BILL. Mr. Burke. And they have refused to move ? Mr. Meritt. a number of them have been removed to the White Earth Reservation. Mr. Btjrke. But they have drifted back ? Mr. Meritt. They came back to the Mille Lac Lake. Mr. Burke. They are Indians accustomed to being in a timbered country where there is water, and they object to living on the prairie;, is that the case ? Mr. Meritt. These Mille Lac Indians are very fond of their old home and they refuse to leave Mille Lac Lake. Mr. Burke. If they were not allotted at White Earth the tribal fund would be benefited by the sale of the lands that otherwise might have been allotted to them, would it not? * Mr. Meritt. Yes, sir. Mr. Burke. Therefore it would be equitable to use the tribal fund to provide them with homes where they are Uving ? Mr. Meritt. I think it entirely proper and fair and equitable, and I would add that these nonremoval MiUe Lac Indians are really in a deplorable condition, without homes, and they have been shifted from pillar to post, and they are eking out a precarious existence at this time and need assistance. Mr. Burke. I notice on page 46 of the bill, lines 7 to 14, inclusive, it is proposed to also use S25,000 of this fund for constructing, equip- ping and maintaining hospital buildings at certain points within the reservation. Mr. Meritt. We would like to have that amount increased from $25,000 to either $75,000 or $100,000. The hospital facilities are seriously needed on that reservation. Mr. Burke. Did you not construct and equip a hospital this past year out of this appropriation found on pages 39 and 40 ? If not, now was it provided ? Mr. Meritt. No, sir; that hospital was not constructed out of that appropriation. The whole amount, $16,748, was paid from "Indian School and agency buildings, 1912." The first payment charged originally to "Interest on Chippewa in Minnesota fund," but after- wards transferred to fund mentioned above. Mr. Burke. This money is used to reheve starvation if it threatens among the Indians ? Mr. Meritt. It is available for that purpose. Mr. Burke. And you also maintain an agency which is paid out of the amount appropriated here ? Mr. Meritt. We maintain several agencies out of this appropria- tion. Mr. Burke. I wish you would put in your justification a statement of how this fund is expended so that we will know how much of it is used for administration and how much for subsistence, and direct aid to the Indians. Mr Meritt. We will incorporate that in the record, Mr. Burke; also a list of employees paid from "Chippewa in Minnesota fund." INDIAN APPBOPBIATION BILL. 419 Statement of expenditures for the fiscal year 191S,from the appropriation of p 65, 000, from the Chippewa in Minnesota fund. Salaries, wages, etc Travelmg expenses Provisions Medical supplies Equipment Bnildings, etc Forage Wearing apparel Fuel Cleaning and toilet supplies. . Telegraphing, etc Transportation of supplies. . . Rent of buildings Seed Annual celebration Printing, advertising, etc Miscellaneous White Earth. 500.91 186. 00 762. 13 845.23 253.38 798. 92 198. IS 502. 34 710. 87 62.98 277.85 629. 42 262. 50 359.40 000.00 45.31 Leech Lake. 689.23 431.49 638.95 294.96 843.61 428. 04 464. 77 21.60 720. 98 7.91 8.01 280. 65 88.15 82.63 Nett Lake. $9,472.30 629. 96 865. 08 61.15 3,406.90 2,302.00 254.88 40.13 158.00 24.90 2.58 91.30 30.70 Total 57,455.40 24,000.88 17,340.04 15,895.27 20,071.15 5,127.40 137,890.14 Fond du Lac. $5,955.43 417.78 787. 28 5,555.11 355.98 424.28 311, 48.14 2.00 106. 00 Red Lake. 614.23 780.51 688.20 338.31 664. 06 124. 17 693.29 250.47 "ib'.ii) 22.26 35.26 Grand Portage. $2,086.13 169. 36 359. 74 16. 62 664. 63 1,265.48 80.00 68.10 81.37 7.60 218. 10 120.28 Total. $72,318.23 6,615.09 11,101.38 2,556.27 28,287.59 7,274.59 3,015.38 682. 17 2,921.69 87.94 404. 57 639. 43 262.60 1,193.72 1,000.00 110.41 419. 18 Note.— Since the above statement was prepared there have been additional charges amounting to $6,730.14.- FOND DU LAC, MINN. Position. Rate of pay. Total. Payable from— WHITE. $600 600 900 1760 900 125 125 2 1,700 150 S600 600 900 " 1 financial clerk 2,100 300 900 Chippewa in Minnesota fund. Determining heirs of deceased Indian allottees, 1914. MISCELLANEOUS. Industrial work and care of timber, 1914. 300 600 2privates 1 deputy supervisor of forests. 2 forest guards, 6 months 900 1,700 600 Pay of Indian police, 1914. Individual Indian moneys (expense account). Industrial work and care of timber, 1914. GRAND PORTAGE, MINN. WHITE. $600 600 720 130 150 $600 600 1 physician. MISCELLANEOUS. 1,200 720 360 600 Chippewa in Miimesota fund. Industrial work and care of timber, 1914. 1 private ... .... Pay of Indian police, 1914. 2 forest guards, 6 months Industrial work and care of timber, 1914. « And actual necessary traveling expenses, including sleeping-car tare, incidentals, and subsistence When; actually employed on duty off the reservation, not exceeding $200 to be expended for this purpose. 420 INDIAN APPROPRIATION BILL. Statement of expenditures for the fiscal year 1913, from the appropriation of p 65, 000, from the Chippewa in Minnesota fund — Continued. LEECH LAKE, MINN. Position. Rate of pay. Total. Payable from— WHITE. 1 clerk . SI, 400 900 1,200 1,200 900 900 900 900 600 320 360 500 84 125 120 900 160 190 900 1,200 1,200 81,400 900 1,200 1,200 900 900 2,700 Do 1 blaclcsmith. . ... 1 sawyer and marine engineer. 3 farmers 9,200 Chippewa in Minnesota fund. INDIAN. 1,800 600 .320 720 500 1 Waolcsmitli . 2 laborers. 3,940 Chippewa in Minnesota fund. 168 300 2,640 Pay of judges, Indian courts, 1914. 11 privates 2,940 Pay of Indian police, 1914. 900 900 3 forest guards, 6 montlis 1,800 2,700 900 Industrial work and care of timber, 1914. Individual Indian moneys (expense account). 1 timber cleric 2 1,200 2,400 2 scale inspectors 2 , 3,600 Chippewa in Minnesota fund. NETT Lake, minn. 1 financial clerk 1 assistant clerk 1 physician 1 general mechanic. 1 laborer MISCELLANEOUS. 1 farmer 2 privates 2 forest guards, 6 months. S600 $600 900 900 1,000 1,000 780 720 3,220 480 480 720 720 120 480 140 480 Chippewa in Minnesota fund. Chippewa in Minnesota fund. Industrial work and care of timber, 1914. Pay of Indian police, 1914. Industrial work and care of timber, 1913. 1 Per month. 2 Employed under the act of June 27, 1902 (32 Stat. L., 400). INDIAN APPROPBIATION BILL. 421 Statement of expenditures for the fiscal year 191S,from the appropriaiion of p 65, 000, from the Chippewa in Minnesota fund — Continued. RED LAKE. MINN. Position. Rate of pay. Total. Payable from— "WHITE. 1 clerk $1,200 720 600 1,200 1,200 900 840 360 720 600 720 84 125 120 160 1,200 175 $1,200 720 600 2,400 1,200 900 840 360' 1 assistant clerk 1 financial clerk 1 encineer . .... 1 farmer 1 laborer 8,220 Chippewa in Miimesota fund. INDIAN. Iblacksmith 720 600 Do 1,320 Chippewa in Minnesota fund. MISCELLANEOUS. 720 168 2 judges Pay of judges, Indian courts, 1914. 1 chief of police . ... 300 2,640 2,940 Pay of Indian police, 1914. 3 forest guards, 6 months 1 rftngpr . . 1,080 1,200 450 Indian moneys, proceeds of labor. Red Lake Indiana. Do. Do. 2,730 WHITE EARTH, MINN. "WHITE. 1 chief clerk 1 financial clerk 1 stenographer and typewriter 1 clerk 1 issue clerk 1 assistant clerk 1 physician 2 physicians 1 blacksmith T. . . 1 carpenter. -•- INDIAN. 1 assistant clerk 1 overseer 1 matron .• 1 cook 1 laborer MISCELLANEOUS. 1 farmer 1 interpreter 3 farmers 1 farmer $1,300 $1,300 1,200 1,200 900 900 1,100 1,100 1,200 1,200 840 840 1,400 1,400 1,000 2,000 720 720 720 1,000 720 11,380 1,000 800 800 600 600 480 480 600 600 3,480 1,000 480 1,000 480 900 2,700 840 840 3,540 Chippewa in Minnesota fund. Chippewa in Minnesota fund. Industrial work and care of timber, 1914. Chippewa in Minnesota fund. Do. 1 Per month. 422 INDIAN APPROPRIATION BILL. Statement of expenditures for the fiscal year 191S,from the appropriation offlBSflOOJrm the Chippewa in Minnesota fund — Continued. WHITE EARTH MINN— Continued. Position. Hate of pay. Total. Payable from— MISCELLANEOUS— continued. 1 cliief of police i$40 130 120 1126 UOO 900 160 $480 720 2,880 4,080 Pay of Indian police, 1914. 2 1,600 21,300 900 COO 1 forest guard 6 forest guards, 2 months 4,3C0 Industrial work and care of timber, 1914. WHITE EARTH HOSPITAL. 1 nurse 1 matron. . Icook 1 laundress, 1 assistant. 1 laborer. . . 1 assistant. S800 S800 540 540 640 540 422 430 300 300 480 480 540 540 3,620 Chippewa in Minnesota fund. 1 Per month. 2 With actual necessary traveling expenses, including incidentals and subsistence when actually employed on duty in the field. The Chairman. Do you hold, Mr. Meritt, that the language in lines 2 and 3 on page 40 would authorize you to build hospitals, the lan- guage being, "And to use the same for the purpose of promoting civi- lization and self-support among the said Indians in manner and for purposes proAdded for in said act ?" Can you build hospitals and take care of the Indians who are afflicted with tuberculosis or trachoma under this language ? Mr. Meritt. We have not used any of this fund for constructing hospitals. The Chairman. It is a gratuity fund you are using for that purpose ? Mr. Meritt. Yes, sir. Mr. Burke. This amount does not exceed 5 per cent of the principal fund? Mr. Meritt. No, sir. Mr. Burke. The law expressly provides that not to exceed 5 per cent may be used for the purpose of support and civilization. Mr. Meritt. Yes, sir. We figured on that very carefully in maldng up the estimates. The Chairman. What is the next item ? Mr. Meritt. The next item reads — The Secretary of the Interior is hereby authorized to advance to the executive com- mittee of the "White Earth Band of Chippewa Indians in Minnesota the sum of $1,000, or so much thereof as maybe necessary, to be expended in the annual celebrationof jsaid band to be held June 14, 1914, out of the funds belonging to said band. INDIAN APPBOPKIATION BILL. The following justification is offered in support of this item: 423 It appears that Congress has appropriated for several years (by amendment until for the fiscal year 1913) the sum of $1,000 to defray the expenses of an annual celebra- tion for the White Earth Indians. Apparently it has been the intention of Congress to leave the manner in which this money shall be expended for the executive commit- tee of the White Earth Indians, that committee making the expenditures and assuming the responsibility therefor. The executive committee is elected by the tribal council, composed of the chiefs and the head men of the different bands of Chippewa Indians, who usually assemble in a large tent on the celebration grounds for the purpose of con- sidering the matter of expending the money. The Chairman. For how many years have they been holding this annual celebration ? Mr. Meritt. This item has been continued in the Indian appropria- tion biU for a long period of years. We have not estimated for it up to a few years ago, but the Indians insist on the item being incorporated in the bill. The Chairman. The Indians as a band, then, desire this appropria- tion made out of their funds ? Mr. Meritt. The Indians of the White Earth Reservation want this item in the bill. Mr. Carter. This was not in the biU last year, was it ? Mr. Meritt. Yes, sir. The Chairman. What is the next item ? Mr. Meritt. The next item is as follows: There is hereby appropriated, out of any funds in the Treasury of the United States belonging to the Chippewa Indians of Minnesota, not otherwise appropriated, the sum of $25,000, to be used by the Secretary of the Interior in constiucting, equipping, and maintaining hospital building at such point on the Red Lake or Leech Lake Reservation, or such other Chippewa Reservation as he may deem advisable, for the use and benefit of the Chippewa Indians in Minnesota. I offer for the record the following justification in support of this item: The following are the vital statistics and statistics showing the prevalence of diseases on the various reservations in Minnesota: Place. Fond du Lac. Grand Portage. Leech Lake. Nett Lake. Red Lake. White Earth. Total. Population 978 44 45 28 29 5 4 4 195 309 10 32 17 55 3 5 16 1,735 79 47 35 20 15 11 6 343 15 343 764 134 611 117 475 2 110 675 32 47 17 25 6 2 3 2C6 1,456 68 46 48 33 14 14 10 337 3,094 196 33 79 13 28 30 5 915 15 560 2,525 201 1,000 492 1,600 200 292 11,338 459 Births: ' During year 40 Deaths: During year 234 21 74 Due to tuberculosis: During year 66 6 Housing: Permanent houses 2,296 34 195 201 14 14 10 10 8 2 28 450 43 72 337 963 38 222 356 515 45 35 1,763 PEEVALANCE OF DISEASE. Examined for disease 286 11 6 5,631 "Number cases tuberculosis found Estimated all forms tuberculosis "Trachoma found 461 1,943 1,038 2,736 282 Treated for trachoma (not oper- ated) . . 475 424 INDIAN APPEOPRIATION BILL. Hospital facilities. Pipe- stone Scliool. Vermil- lion Lake School. White Earth Agency. Total. Agency or school hospital, numher. . Character of construction Capacity Remaining in hospital June 30, 1912 , During fiscal year 1913, admitted Total treated : Discharged Died Total discharged and died Remaining June 30, 1913 1 Stone. 12 1 200 201 200 Frame. 6 1 72 73 73 200 1 1 Frame. 25 14 375 389 370 7 377 12 43 16 647 7 650 13 The table above quoted shows that there are known to exist on the various reserva- tions in Minnesota 1,038 cases of trachoma and the that physicians estimate that there are at least 1,700 more cases, making a total of 2,738 cases. There are known to exist 461 cases of tuberculosis and it is estimated by the physicians on the Chippewa reser- vations that there are at least 1,038 present. There were during the fiscal year 1913, 66 deaths from tuberculosis, and the death rate from tuberculosis among the Chippewas in Minnesota was 6 per 1,000. Comparing this with the death rate among other races, it is found that the death rate among whites is 1.73 per 1,000 and among negroes 4.85 per 1,000. The death rate then from tuberculosis on the Chippewa Reservation in Minnesota is 3^ times as great as that among white in the registration area of the United States. The only hospital facilities that there are in Minnesota available for agency Indians on the reservation is the hospital which has recently been completed at White Earth, having a capacity of 25 patients. This is totally insufficient to accommodate the numerous cases of Indians suffering from dangerous communicable diseases, such as tuberculosis and trachoma, which exist on the various Chippewa reservations and many of whom are in destitute circumstances, all being a menace, not oxdy to the other unin- fected Indians of their tribe, but also to the whites with whom they come into contact. Additional hospital facilities for the Chippewa Indians are urgently needed. The Chairman. How many Indians are there on these reserva- tions ? Mr. Meritt. There are about 11,338 Chippewa Indians. The Chairman. Have you any hospital facilities there at prssent? _ Mr. Meritt. We have one hospital on the White Earth Reserva- tion. The Chairman. How many patients does it care for ? Mr. Meritt. That hospital cares for only 25 patients. The Chairman. How many patients would you be able to care for if we gave you the amount of money asked for here ? Mr. Meritt. This proposed appropriation would provide for one additional hospital which would care for probably 25 patients. The Chairman. Twenty-five additional patients 'i Mr. Meritt. Yes, sir. The Chairman. About what number of tuberculosis patients do you think there are among these Indians ? Would this provide lor them all ? Mr. Meritt. Even with this appropriation, the facilities would be entirely inadequate. We thought we might ask for a hospital each year until we got a small hospital on each one of the Chippewa reservations. The Chairman. As a matter of administration, do you propose to have a general hospital for the treatment of aU diseases and then special hospitals for the treatment of trachoma and tuberculosis ? Mr. Meritt. No, sir; we expect to have a small hospital that will provide for both trachoma anci tuberculosis patients. It will be more economical to administer the hospital on that line. INDIAN APPEOPKIATION BILL. 425 The Chairman. Will you put that new hospital on the same grounds or at the same place where the other hospital is located ? Mr. Meritt. No, sir; we have one hospital for the White Earth, and we would locate this hospital on one oi the other Chippewa reser- vations, probably on Leech Lake or Red Lake Reservation. The Chairman. Have you any hospital now on either the Red Lake or Leech Lake Reservation ? Mr. Meritt. No, sir. These Indians have in the Treasury about $5,000,000, and it would really The Chairman (interposing). Is this fund reimbursable, in the way you have drawn the item in the bill ? Mr. Meritt. Yes, sir. It would really be proper now to appro- priate sufficient money in this bill to provide a hospital on each one of those reservations rather than string it out over a number of years. The Chairman. I have not asked about the kind of buildings proposed. Mr. Meritt. Dr. Murphy can explain that. The Chairman. Is it proposed to have only one large building ? Dr. Murphy. The drawings here show the general idea we have in taking care of these patients, and contemplate one hospital accom- modating both tuberculosis and trachoma patients. One part of it is to be used for the accommodation of tuberculosis cases and there are separate sleeping rooms, separate dining rooms, and separate conva- lescent rooms for the patients suffering from other general disesaes. That is the reason why it costs $25,0,00 to build a comparatively small hospital — that is, because we have to completely segregate at least two communicable diseases in our hospital treatment. The Chairman. Would it be practicable to enlarge this hospital by adding other buildings to it 1 Dr. Murphy. It would be comparatively easy to enlarge the hos- Eital and provide greater capacity at a smaller per capita cost, ecause the dining room and kitchin facilities, operating rooms, and rooms for employees are already provided. The addition would simply be made to increase the ward capacity. The Chairman. You have worked out the question of cost and have ascertained what you can do with this amount of money, if appro- priated, and the kind of buildings to be constructed and the number of patients to be accommodated, have you not ? Dr. Murphy. We have carefully worked all of that out. Mr. Carter. By an expenditure of $25,000, could you not provide for the care of more than 25 patients ? Dr. Murphy. Not very well, considering the fact that we have to segregate a number of communicable diseases. If it were possible to place the sufferers from aU diseases in one ward, it would be com- paratively easy to build a hospital at the minimum cost, or for con- siderably less money than we are asking for under the conditions that confront us in our work. Mr. Carter. Will the hospitals you are now asking appropriations for be constructed of wood ? Dr. Murphy. That will depend upon the locaHty in which they are erected. In some places Mr. Carter (interposing). I mean that it will not Jbe necessary to construct them of stone if they can be constructed more cheaply of wood. 426 INDIAN APPKOPEIATION BILL. Dr. MuKPHY. I asked that question of Mr. Middleton, who is the chief of construction, and he says that it will depend upon the loca- tion, and that in some places it would be just as economical to con- struct the hospitals of stone or brick as of lumber. Mr. Carter. In any event, it seems to me that you ought to be able to accommodate more than 25 patients with $25,000. I have not built any hospitals, but that seems to be a pretty high price. Dr. Murphy. If I could have the opportunity of showing you the things which are contemplated in the hospital and of showing you what we are doing, I think you would agree that that is a reasonable price. Mr. Carter. The buildings you construct for tuberculosis patients ought necessarily to be very cheaply constructed. You can build them very cheaply. You want to so construct such buildiags as to provide an abundance of fresh air, and practically three sides of the wards for tuberculosis patients I suppose ought to be open to a certain extent? Dr. Murphy. We contemplate that, Mr. Carter, but in addition to that while the tuberculosis patient is placed in the open air under treatment he must have a heated dressing and toilet room where the water will not freeze and heated dining rooms, and he has to be waited on by nurses who can get there conveniently. For instance, in a colder climate, such as in Minnesota, to require the nurses and attend- ants to go from one shack to another, to maintain separate heating establishments, and to have the attendants carry back and forth all the food and to wait on the ill patients would require an excessive expenditure for employees and also for fuel. That sort of an expenditure is not contemplated in maintaining hospitals such as we desire to construct. Mr. BxjRKE. You erected a hospital on the White Earth reserva- tion during last year, did you not ? Dr. Murphy. Yes, sir. Mr. Burke. How was that hospital constructed? Dr. Murphy. That is a frame hospital. Mr. Burke. What did it cost ? Dr. Murphy. Approximately $20,000, I think, equipped. Mr. Burke. That amount equipped the hospital as well as paid for its construction? Dr. Murphy. Approximately, yes, sir. Mr. Burke. What are the hospital needs of the Chippewa Indians in Minnesota? Dr. Murphy. Do you mean what diseases need hospital treatment? Mr. Burke. What amount of hospital room ought we to provide for them ? Dr. Murphy. I think we ought to have a hospital of a capacity of at least 25 patients on each one of the large Minnesota reservations. Mr. Burke. How many reservations are there ? Dr. Murphy. The Red Lake Reservation should have a hospital; the Leech Lake Reservation should have a hospital; the Nett Lake Reservation should have a small hospital; and as for the Grand Portage and Fond du Lac Reservations, there seems to be some question about the advisability of constructing hospitals there. INDIAN APPKOPEIATION BILL. 427 Mr. BxiRKE. Would such a hospital as you have constructed on the White Earth Keservation be sufficient for the needs of those reserva- tions ? Is it sufficient for the needs of that particular reservation ? Dr. MuEPHY. The hospital on the White Earth Eeservation at the present time should be increased to a certain extent on account of the fact that there are not sufficient accommodations provided to segregate tuberculosis and trachoma cases from other general cases. Mr. Btjrke. What would you say that need is ? Dr. Murphy. We reaUy need an additional pavihon for the segre- gation of tuberculosis cases on the White Earth Keservation. Mr. BuEKE. Would that increase the capacity of the hospital? Dr. MuEPHY. It would increase the capacity, about 15 patients. Mr. BuEKE. Would a hospital with accommodations sufficient to take care of 40 patients be sufficient to meet the needs of that reser- vation ? Dr. Murphy. I beheve that a hospital of that size would be desira- ble on the White Earth Reservation. Mr. Burke. Would it be feasible to care for the Indians from the Leech Lake Keservation and for the Indians of the White Earth Reservation in that hospital if you were to increase the capacity of the hospital sufficiently to accommodate them? Dr. Murphy. It would be feasible to accommodate a certain num- ber of Indians from the Leech Lake Reservation there, but it would be difficult to have the majority of the tribe to obtain the benefit of that hospital on account of the fact that it is some distance from their reservation. Mr. Burke. What is the distance between those reservations ? Dr. Murphy. I can not give you that accurately, but it involves about, I would say, three-fourths of a day train travel and some wagon travel. Mr. Burke. It would be a part of a day's travel ? Dr. Murphy. Yes, sir. Mr. Burke. But the larger a hospital is, so long as it is not too large, the more economical it is from the standpoint of both build- ings and administration, is it not ? Dr. Murphy. It is, were it not for the fact that we have to take care of patients who do not care to travel such a distance in order to receive treatment, and it is more convenient for the Indians them- selves to have hospitals on their own reservations. Mr. Burke. It appears that these Indians had in the Treasury on June 30, 1913, the sum of 15,634,889.12, and this money is suscepti- ble of being used for their care and support. Why would it not be desirable, if we make any appropriation of their own money, to take a sufficient amount of it to provide the hospitals that are necessary rather than to appropriate a small amount this year and another amount next year, and so on ? • Dr. Murphy. I would say that we did put in an item of $50,000 m the Indian Office estimates, but it was cut down to $25,000. Mr. Burke. This is not appropriating money in the sense of takiog it out of the Treasury, but this is money beloEging to those Indians upon which the Government is paying them 4 or 5 per cent interest, I think. Now, it occurs to me that if there is a need for hospitals there, the sooner we provide them the better, because the longer 428 INDIAN APPKOPBIATION BILL. tuberculosis goes without attention the greater become the ravages of the disease, I presume. , Dr. Mtxrphy. It would be most desirable, I think, to have hospitals located at Nett Lake, at Red Lake, and also at Leech Lake duriag the next fiscal year. Mr. Burke. Was there an appropriation made for the hospital that was erected last year for the Choctaws, or do you know ? Dr. Murphy. The land was authorized to be set aside only. Mr. Burke. I have been laboriag under the impression that the Indian Office had authority to expend money for the purpose of con- structing hopsitals, and that they did construct hospitals without authority from Congress, but I may have been mistaken. That prd- vision is not in this bill approved August 24, 1912. Mr. Meritt, the moneys now in the Treasury belonging to the Chippewa Indians of Minnesota are expended for their care and support and paid to the Indians under existing law, are they not ? Mr. Meritt. Under the Chippewa act of 1889 we were authorized to expend certain of the Chippewa funds for such purposes. Mr. Burke. In the Indian appropriation act there is an authoriza- tion for the expenditure of $165,000 for the purpose of promoting civilization and self-support among the Indians in the manner and for the purposes provided for in the act of January 14, 1889, and I think it was out of that fund that you erected this hospital. Mr. Meritt. No, sir. We did not have to use this appropriation. We probably used the agency building and repair appropriation. Mr. Burke. I do not think you could do that, because that would be using general money in the Treasury instead of expending money for the Chippewa Indians out of their own funds. Mr. Meritt. That is true to a large extent, but we did use some general gratuity appropriation money for them. I would like to add that the Chippewa Indians are in serious need of additional hospital facilities. It seems to me that it is not a good policy to permit Indians to die with tuberculosis and go blind as a lesult of trachoma when the Indians have in the Treasury of the United States over $5,000,000, which should be made available for their benefit. Under existing law we are not permitted to pay out pro rata the funds in the Treasury belonging to these Indians. We have old and decrepit Indians on that reservation who are absolutely dying in want and poverty while they have in the Treasury to their credit their share of this $.5,000,000, and I think it would be perfectly proper to appro- priate at least $100,000 of this $5,000,000 belonging to those Indians to provide proper hospital facilities to meet the urgent need that now exists among the Chippewa Indians. The Graham committee visited the Chippewa country, and their report will show the serious conditions which pievailed there. I personally am in favor of an appropriation in this bill of at least $100,000 of their funds to provide adequate hospital facilities to meet the conditions now prevailing on those reservations. Mr. Burke. Is there any reason why it could not be so appro- priated and expended under the act of January 14, 1889 ? Mr. Meritt. We do not feel that we have authority under existing law to build these hospitals. Mr. Burke. Is there anything in that act that would preclude Congress from appropriating their money to be used for this purpose ? INDIAN APPEOPBIATION BILL. 429 Mr. Meritt. No, sir. Mr. Burke. Having made the statement that you have as to the necessities for larger appropriations than are suggested by this bill, how do you explam the estimate of $25,000 when you think it ought to be $100,000. Mr. Meritt. We estimated for last year's appropriation $100,000 for hospita,ls among the Chippewas, but Congress failed to provide those hospitals. This year in making up the estimates, we thought we would ask for $50,000, thinking perhaps we might get at least one-haK of the amount required to meet the needs of these Indians. When the estimates were made up, it was found necessary to reduce the total amount of the estimates, and we were required to go through them and prune our estimates in certain cases to meet the reductions directed. Mr. Burke. I can understand why that might be done as to appropriations to be paid out of the Treasury, but the same reason would not apply to the appropriation of money in the Treasury that belongs to the Indians upon which we are paying 4 or 5 per cent interest. Mr. Meritt. Of course this appropriation would increase the total amount of the estimates. The Chairman. I see from the map here that the White Earth Eeservation would be accessible to Leech Lake and Red Lake Reser- vations. In other words', the three reservations are in the shape of a triangle, and they do not seem to be more than 30 or 40 miles apart. Mr. Meritt. They are not so very far apart, but it is my personal opinion that it would be more advisable to have a hospital on each reservation. In erecting these hospitals I think we should take into consideration the characteristics of the Indians. They do not want to leave their own reservation to go to a hospital on another reserva- tion. In fact, we have some difticulty in getting an Indian who is absolutely in need of treatment to go to a hospital on his own reser- vation, and for that reason I think it would be advisable to have small hospitals at Red Lake Reservation, Leech Lake Reservation, and on the Fond du Lac Reservation, and, probably, a small hospital on the Nett Lake Reservation. The Chairman. Could you attach either one of these to the other so as to have only three hospitals — say, one on the White Earth Reser- vation, one on the Leech Lake Reservation, and one on the Red Lake Reservation — and by that means supply hospital accommodations for aU of the Chippewa reservations in Minnesota ? Mr. Meritt. We would also like to have a hospital on the Fond du Lac Reservation. If we had those three additional hospitals, the Indians on the Grand Portage Reservation and the Nett Lake Reser- vation could probably be cared for without providing separate hos- pitals for them. The Chairman. There would be, then, according to your estimates, three $25,000 hospitals on these three reservations ? Mr. Meritt. Yes, sir. The Chairman. That would be $75,000, or $25,000 less than the amount you say is necessary for all of them ? Mr. Meritt., We need $100,000 for the purpose, but could get along with 175,000. 430 IKDlAN APPROPRIATION BILL. The Chairman. So as to build one on each one of these reserva- tions ? Mr. Meritt. Yes, sir. Mr. Carter. Don't yon think that, in view of the fact that all of these reservations are for Chippewa Indians, it would be better to build one good large hospital than to put up these small hospitals and have them scattered over the country? Don't you think it would be better from the standpoint of efficiency and economy to have one large hospital ? Mr. Meritt. I was just explaining to the Chairman that the Indi- ans have certain peculiar characteristics that -we must take into consideration. For instance, we have difficulty in getting ih» Indians on the White Earth reservation to go to the hospital on their own reservation, and it would be almost impossible in certain cases, I think, to get them to go to a hospital not on their own reservation. Mr. Carter. I thought you were figuring on trying to get author- ity from Congress that would' enable you to put the Indians in hos- pitals whenever necessary. Have you not something of that sort m the bill? Mr. Meritt. That is in connection with the relief of distress item. We have asked for that authority in connection with that item, but in these cases the Indians are contributing out of their own funds for the construction of hospitals, and the Indians on the Leech Lake Reservation, for instance, feel that they should have a hospital on their reservation as well as the Indians on the White Earth Reserva- tion. In view of all the conditions, T think it would be preferable to have small hospitals on the various Chippewa reservations rather than have one big hospital. Mr. Carter. But it would be much more expensive ? Dr. Murphy. I want to say that the need of the treatment of trachoma should be taken into consideration when considering, the construction of these hospitals. There are Indian^ suffering from trachoma on all of those reservations. There is quite a large per- centage of trachoma, and fi'om the very nature of the treatment they require more or less constant attention. Mr Carter. They require what kind of treatment ? Dr. Murphy. They require the frequent application of remedies and treatment at the dispensaries which womd be maintained at these hospitals, and that treatment should be given without re- quiring of them so much traveling back and forth between reserva- tions. That should be -a point in favor of having the hospitals located on the individual reservations. Besides, it would be decidedly undesirable, in my opinion, to have Indians who are suffering from trachoma, but who are otherwise physically able to work and support themselves, placed off on another reservation for an indefinite period of time in order to receive treatment for trachoma, because they could very readily receive it at their own hospital if it was located somewhere near. Mr_. Burke. You do not mean to say that you need a $25,000 building to take care of 25 trachoma patients ? Dr. Murphy. I do not mean that, but there should be some place where Indians who are suffering from trachoma or complications of trachoma could remain a certain length of time for treatment and be able to come back at intervals for that treatment. INDIAN APPEOPEIATION BILL. 431 Iklr. BuEKE. If you had a hospital upon any one of these reserva- tions, it would not necessarily mean that it would be close to all of the Indians on that reservation. Some of them would have to travel some distance in any event. Dr. Murphy. Yes, sir. Mr. Btirke. Would not the Indians on the Leech Lake reservation have to go about as far to get to a hospital on their reservation as they would to reach the hospital on the White Earth reservation '^ Dr. Murphy. Yes, sir; some of them would. Mr. Burke. Would the same argument that you have just made as to trachoma patients apply to tuberculosis patients ? Dr. Murphy. It would not apply as strongly to tuberculosis patients. Mr. Burke. It would be entirely feasible to have a general hospital there for tuberculosis patients, would it not ? Dr. Murphy. It would be for pulmonary cases of tuberculosis, ex- cept for the fact, as Mr. Meritt has stated, that the Indians are preju- diced against going to other reservations. Mr. Buuke. If that apphes to Minnesota Indians, why would it not apply to Indians generally ? You stated the other day that the hospital contemplated on the Mescalero reservation could be filled without any trouble. Dr. Murphy. I do not beheve there would be the same rivalry there as you would find among the Chippewa Indians where every- thing would be constructed from Chippewa funds. Mr. Burke. Do you propose to increase the capacity of the hospital; at Fort Lapwai ? Dr. Murphy. Yes, sir. Mr. Burke. On the theory that you can get plenty of Indians, to go there? Dr. Murphy. Yes, sir; that is true. Mr. Burke. I do not see why there should be trouble in only one locality in getting Indians to go to a central hospital, why there should be such difficulty among Indians that really belong to the same tribe — that is, among different bands that belong to one tribe — as is the case with the Chippewa Indians in Minnesota. Mr. Carter. Where is the hospital now located in Minnesota? Dr. Murphy. At White Earth. Mr. Carter: On what part of the reservation is it ? Dr. Murphy. It is located at the agency. Mr. Carter. And the agency is in the southwest corner of th& reservation ? Dr. Murphy. Yes, sir. Mr. Carter. Those Indians in the southeast corner of the reserva- tion would have to travel just as far to go to that sanitarium as they would have to travel to go to the one on the Red Lake reserva- tion I would judge from lookmg at the map. Dr. Murphy. 1 would say that while the White Earth hospital has been available for other Indians than those on the White Earth reservation, we have had only a comparatively few patients from other reservations whom we have succeeded in sending down there. Prac- tically all of the patients in the Wliite Earth hospital come from that reservation. 432 INDIAN APPBOPBIATION BILL. Mr. Carter. If you had a hospital centrally located for all of these reservations, I do not see why you could not accommodate all of the Chippewa Indians requiring hospital treatment. I" notice you have here in this item an appropriation of $25,000 for constructing, equipping, and maintaiaing a hospital building. Does this iaclude any expense of nmning the hospital ? Dr. MxjRPHT. I expect it will take pretty nearly the entire fiscal year for the construction of the hospital, and nothing is estimated; this year for the maintenance of the hospital. Mr. Carter. How much do you estimate will be required to con- struct the building? Dr. MuEPHY. The building will cost within about $2,000 of the entire appropriation. _ * Mr. Carter. Do you think it will require $25,000 to construct a building for the accommodation of 25 patients ? Dr. Murphy. Under the conditions that we have to deal with, I believe it will. Mr. Carter. You are right in a lumber coxmtry there, are you not ? Dr. Murphy. Yes, sir. Mr. Carter. Where lumber should be purchased at a reasonable price ? Dr. Murphy. At the White Earth Eeservatiou we have a frame hospital for 25 patients that cost $20,000. ^ Mr. Carter. Let me ask Mr. Meritt how much was appropiiated for the Fort Sill Hospital. Mr. Meritt. $40,000. Ml'. Carter. How many people do you estimate that you can take care of there ? Dr. Murphy. I think we can accommodate about 40 patients there. The average cost per patient for the construction of hospital buildings has been figured out at about $1,000. Mr. Carter. That seems pretty high to me. Dr. Murphy. That includes the entire equipment of the hospitalj the construction of rooms suitable for the employees of the hospital, operating rooms, heating plant, toilets, and eveiything complete, as well as the sewer facilities and water facilities. The Chairman. What would be the cost of maintenance per annum per patient, after the building has been provided ? Dr. Murphy. I would estimate that it would cost about 1450 per patient. The Chairman. For the fii'st year after the building is completed? Dr. Murphy. Approximately that much; yes, sir. The Chairman. It would be cheaper to put them in State institu- tions, would it not ? Dr. Murphy. I hardly beheve so. If, for instance, we put an Indian suffering from tuberculosis in any tuberculosis samtarium we would have to pay at least $12 a week board for the patient. The Chairman. As I understand it, the cost is $1,000 per patient for the first year and $450 per patient after that ? Dr. Murphy. Yes, sir. Mr. Burke. Would that apply to such hospitals as the one at Phoenix, Ariz. ? INDIAN APPBOPEIATION BILL. 433 Dr. MuKPHY. I expect that a hospital in the southwest would be somewhat more reasonable on account of the lower cost of fuel, but the higher cost of subsistence there might balance it. The per capita cost for pupils at the Phoenix school is $175, and as the sanatorium is conducted as a part_ of the school, it would be difficult to estimate the per capita cost there in case it were segregated. Mr. Burke. What about the Chemawa, Oreg., hospital? What is the cost per patient there ? Dr. MxiRPHY. The hospital at Chemawa is a school hospital and is maintained in connection with the school. Mr. BuEKE. You have a statement showing how much it cost, have you not ? Dr. MuKPHY. Not separate from the school. It is charged up against the school. Mr. BuKKE. That is true of the Phoenix hospital, also, is it not ? Dr. MuEPHY. Yes, sir. Mr. Carter. What is the cost at the Phoenix hospital ? Dr. Murphy. We would have to consult the office records to find out the exact cost of the various buildings at Phoenix. Mr. Carter. Do you know, Mr. Meritt ? Mr. Meritt. The original cost of the Phoenix Sanatorium is as follows : Main building $7, 000 Kitchen and dining hall 1, 850 18 portable houses 2, 600 Cottage 600 Do 325 Bathhouse 350 Sewer system 1,200 Total 13, 925 Mr. Carter. How many patients are accommodated there ? Dr. Murphy. At present it accommodates 70 patients. Mr. Carter. I am pretty sure that that hospital did not cost any- thing like $70,000. It cost about $10,000, I think. Dr. Murphy. I call the attention of the committee to the fact that it is considerably easier to maintaua a hospital in a southern climate. Mr. Carter. Certainly; but it ought not to make that much dif- ference. Mr. Burke. In this item you use the words "constructing, equip- ping, and maintaining hospital building." What do you mean by "constructing, equipping, and maintaming hospital building?" Mr. Meritt. This being the first year under this item, we thought that it would take practically the entire year to construct and equip this building, but if there was any additional expense in maintaining the building during the fiscal year we expected to pay for it out of this $25,000. For this year we will not ask for a special appropriation for maintaining the hospital. Mr. Burke. I notice that you estimate an increase of the appropria- tion for promoting civilization and self-support among the Chippewa Indians in the State of Minnesota from $165,000 to $185,000. If your hospital were constructed and equipped, you could take care of the maintenance of it from that fund, could you not ? 2445&— 14 ^28 434 INDIAN APPROPRIATION BILL. Mr. Meritt. Yes, sir. If it is agreeable to the committee for this estimate to be changed, I would suggest that it be made to read as follows : There is hereby appropriated out of any funds in the Treasury of the UnitedStates belonging to the Chippewa Indians in the State of Minnesota, riot otherwise appro- priated, the sum of $75,000 (or $100,000) to be used by the Secretary of the Interior in constructing, equipping, and maintaining hospital buildings for the use and benefit of the Chippewa Indians in Minnesota. Mr. Carter. I think this language "hereby appropriated" is superfluous, because that comes in at the first part of the bill. I think it should read "for constructing, equipping, and maintaining hospital buUding on the Chippewa reservations, $25,000." • Mr. Burke. In this instance you could use the same language as you do in paragraph 29; that is, "that the Secretary of the Interior is authorized to withdraw from the Treasury," etc. Mr. Meritt. That change would be satisfactory. The Chairman : What is the next item ? Mr. Meritt: The next item reads as follows: To enable the Secretary of the Interior to make an investigation of conditions on the Leech Lake Reservation in Minnesota with respect to the necessity of constructing for the use of the Indians a bridge across the Mississippi River near the Cass Lake Indian School, $1,000, or so much thereof as may be necessary; and the Secretary of the Interior is hereby authorized and directed to cause plans, surveys, and reports to be made, together with an estimated limit of cost of said bridge, and to submit Ms report thereon to Congress on the first Monday in December, 1914. The following justification is offered for the record : The Cass Lake School is reached by a road which crosses the Mississippi River via a ford located near the vicinity of the school site. This ford is very dangerous, and the small Indian horses have to be unhitched and led across the river behind a boat while the wagon is drawn across by hand with a long rope fastened to the end of the pole. All supplies must be taken across in a boat. The stream is 150 to 200 feet wide and in the shallowest place is about 5 feet deep. As there is a marsh on one side of the river, it is necessary for the teams to keep in the water for about 30 rods, and along this part of the ford the stream is from 2 to 4 feet deep. The ford must be used in both the spring and fall when the water freezes to the horses and harness. The superintendent advises that he has seen horses come into Cass Lake from the ford with a coat of ice on them and their manes rattling with ice like beadwork. The amount asked for in the proposed legislation is to make a preliminary survey so that proper estimates may be submitted to Congress and plans submitted to the Secretary of War in conformance to section 9 of the river and harbor act of March 3, 1899 (30 Stat. L., 1121-1151). Mr. Burke. Is the Cass Lake school on a reservation ? Mr. Meritt. Yes, sir; it is on a reservation. Mr. Burke. Is not that country mostly open settlement and the roads and bridges maintained by the people in the locality? Mr. Meritt. Part of those Chippewa reservations have been opened, Mr. Burke, but this proposed bridge will be used largely by the Indians and the agency force. The justification shows that a number of horses have been lost at this place and it is a dangerous ford. The next item reads as follows : Sec. 10. For support and civilization of the Indians at Fort Belknap Agency, Mont., including pay of employees, $25,000. We offer for the record the following justification of this item: INDIAN APPROPRIATION BILL. 435 Support of Indiam of Fort Belknap Agency, Mont. Fiscal year ending June 30, 1914; amount appropriated f20, 000. 00 Fiscal year ended June 30, 1913: Amount appropriated 20, 000. 00 Amount expended I9' 136. 32 Unexpended balance 863. 68 ANALYSIS OP EXPENDITURES. Salaries, wages, etc $9, 253. 74 Traveling expenses 253. 15 Telegraph and telephone service 8. 15 Miscellaneous material 792. 46 Fuel 601.40 Wearing apparel 13. 50 Forase.' 20.58 Provisions 5,791.16 Equipment 1, 691. 63 Medical supplies 341. 05 Care of insane 365. 00 Miscellaneous 4. 50 19, 136. 32 There are 1,183 Indians belonging to this superintendency, of which about 250 are old and indigent and unable to support themselves. The climate is very cold and the Indians live now. very largely in tepees or little log houses, neither of which fur- nish adequate protection from the rigors of the winter. For want of proper housing, the sanitary conditions are very bad, and this, combined with the exposures, have created a large amount of sickness and large numbers of Indians are so broken and depleted physically as to be unable to support themselves. This reservation has not been allotted, but there are now about 9,600 acres under ditches, and it is estimated that 20,000 in all can be irrigated. Many of the families have made tentative selections but are unable to build houses, consturct pastures, break up the land and cultivate the soil in such way as to become self-supporting. Of the amount now appropriated, $8,660 are used in the payment of employees. The remainder is used almost entirely in the purchase of subsistence for issue to the needy, in supplying fuel for the agency, feed for live stock, traveling expenses, etc., leaving about nothing to aid in establishing the Indians on their tentative allotments, building homes, and preparing themselves for self-support. The $5,000 additional asked for is intended for use in developing the industries of the Indians. The reservation was created by treaty and comprises some 500,000 acres, all of which is unallotted tribal land. Surveys have been in progress within the last few years preliminary to allotment work. The Chairman. You have increased the amount |5,000. Can you give us a justification for that ? Mr. Meeitt. That appears in the justification. The Chairman. On that point, if you propose to use $5,000 addi- tional in developments, is not there a specific appropriation of $100,000 for that purpose ? Mr. Meritt. Not for these Indians. The Chairman. But for the general Indian Service. Mr. Meritt. Then there is a request for a reimbursable item, too, but we expected to use that item largely in the Southwest, The Chairman. Still it could be used in any agency ? Mr. Meritt. Yes. A part of that $100,000 could be used at this agency. The Chairman. Then there would be no necessity for this bUl pro- viding $25,000 for that, if that lump sum could be used in that way. Mr. Meritt. If we can get that $100,000 we would be willing to reduce this to $20,000. 436 INDIAN APPBOPEIAHON BILL. Mr. BxjEKE. Out of the appropriation for relief among Indians you can use the money for the purchase of medical supplies ? Mr. Meeitt. Not for these Indians. Mr. BunKE. Out of the different appropriations for support and civilization, you can purchase medical supplies ? Mr. Meeitt. Yes, sir. Mr. BuEKE. Among other things that can be purchased under the lump-sum appropriation ? Mr. Meeitt. We find that the relief-of-distress item is not suffi- ciently large to supply all the needs of the Indians, and it can not be used in lieu of or to supplement the specific appropriations for support and civilization of Indians. The agency employee list is as follows: FOET BELKNAP, MONT. Position. Rate of pay. Total. Payable from— "WHITE. $1,200 1,000 1,200 1,200 840 900 900 1,000 480 400 480 400 300 1,200 840 720 780 720 84 135 120 51,200 1,000 1,200 1,200 840 900 Do 1 sawyer, engineer, and gen- eral meohanic. 1 blacksmitli 6,340 Support of Indians of Fort Belknap Agency, Mont. 1914. 900 1,000 1 issue clerk 1,900 Indian moneys, proceeds of labor. Fort' Beliaap Indians. INDIAN. 1 herder 480 400 1,440 Do. . 3 laborers 2,320 Support of Indians of Fort Belknap Agency, Mont, 400 300 Do MI3CEL1ANEO0S. 700 Beef hides. 1,200 840 720 780 720 Do Do 1 stockman. 1 field matron 2 judges 4,260 168 Industrial work and care of timber, 1914. Pay of judges, Indian courts, 1914. Ichief of police... 420 1,200 1,620 Pay of Indian police, 1914. 1 Per month. The Chaieman. What is the next item ? Mr. Meeitt. The next item reads as follows: For support and civilization of Indians at Flathead Agency, Mont., including pay of employees, $15,000. We offer for the record the following justification of this item: INDIAN APPBOPEIATION BILL. 437 Support of Indians of Flathead Agency, Mont. Fiscal year ending June 30, 1914; amount appropriated $12, 000. 00 Fiscal year ended June 30, 1913: Amount appropriated 9, OOO. 00 Amount expended 7, 268. 32 Unexpended balance 1, 731. 68 ANALYSIS OV BXPENDITUKES. Salaries, wages, etc $4, 314. 55 Traveling expenses 507. 52 Telegraph and telephone service 13.51 Miscellaneous material 119. 68 Fuel 168. 88 Mechanics' supplies 13. 96 Cleaning and toilet supplies 18. 47 Forage 74L08 Proviaions 909. 07 Equipment 255.27 Medical supplies 175. 83 Miscellaneous 30. 50 7, 268. 32 There are 2,311 persons under the jurisdiction of this superintendency, all of whom have been allotted. Of the amount now appropriated, 14,940 are used in the pay of employees and about $4,000 of other funds are used for pay of other employees, which should hereafter be charged to this fund by reason of the exhaustion of the fund from which they are now paid. The Government has expended about $600,000 reimbursable appropriation, in the construction of irrigation systems on this reservation. These appropriations have so tied up the tribal fund that it will be some years before any surplus will be available. By reason of this it is necessary to ask for appropriations with which to maintain the agency administrative force, provide fuel, feed for stock, traveling expenses, etc. To cover all of these needs the $15,000 will be fully required. In a separate item $100,000, reimbursable, is asked for for the purpose of aiding and encouraging the Indians in establishing homes on their allotments, putting them under cultivation, and otherwise developing them in such way as to convert them into modem homes. The original reservation was created by treaty, and comprises something over 1,700,000 acres, of which 226,000 acres were allotted in severalty to 2,400 Indians. About 1,500,000 acres of surplus lands have heretofore been placed on the market. There are no tribal lands in this reservation other than a limited area that have not been disposed of, and a small reserve of timber lands for use of the Indians in common. The Chairman. This $3,000 additional asked for here will be under the head of civilization and support ? Mr. .Meeitt. Yes, sir; including the pay of employees. The activities on this reservation have been very largely increased in recent years. The Indians have received allotments. Water is avail- able on some of the allotments for irrigation purposes, and we are also disposing of some of the timber on this reservation, and that necessitates an increase in the agency force. The Chairman. I see from your statements here, page 7 of the justification, that for the fiscal year ending June 30, 1913, there was appropriated $40,000, the amount expended was $3,000, leaving an unexpended balance of $37,000. Was that used for an agency site? Mr. Meeitt. That was for buildings, Mr. Chairman, not for the support fund. That is an analysis for the previous appropriation for the building. 438 INDIAN APPEOPEIATION BILL. Mr. BuEKE. In the Indian appropriation a,ct approved August 24, 1912, there was $40,000 appropriated and $3,000 expended. The Chaieman. I should say that previous to that I find an unex- pended balance of $1,731.68. The expenses would be no greater this coming year than they were last year, would they ? Mr. BuEKE. We do not know that there is an unexpended balance there, in view of what you say in regard to the system of keeping accounts ? Mr. Meeitt. I will look that up and put it in the record. Mr.. Meeitt. Since the unexpended balance of $1,731.68 was re- ported, a claim for $1,390 has been settled, leaving a balance of $341.68. • The list of agency employees called for elsewhere is offered here. Flathead, Mont. Number and position. Rate of pay. Total. Payable from— White: , $1,400 840 900 900 1,200 900 17S 1,200 840 780 84 145 140 120 900 1,080 176 900 1,600 1120 $1,400 840 900 900 Support of Indians of Flathead Agency, 1914. 1 blacksmitli Do. 1 stenographer and type- writer. Do. 4,040 1 lease clerk 1,200 900 450 Indian moneys, proceeds of labor, Flathead Indians. Do. Determining heirs of deceased Indian allottees. 1 caretaker (Camas Hot Springs). 1 stenographer and type- writer (6 months). Miscellaneous: 1,200 £40 2,340 Do Do 3 farmers Do. 4,380 2 judges 168 Pay of judges, Indian courts, 1914. 1 chief of police... > 2 chiefs of police . 540 9C0 1,440 Pay of Indian police, 1914. 6 privates Do 2,940 1 forest guard 900 2,160 1,500 1,800 Sawmills etc Flathead Rft-servation Mont.. 2 forest guards reimbursable. Do 4 forest guards (5 months) . 2 forest guards. . . Do. Do 6,360 1 deputy supervisor of fOTfiStS. 1 nurse (6 months) 1,600 720 Industrial work and care of timber, 1914. Relief and distress and prevention of disease among Indians. I Per month. The Chaieman. "What is the next item? Mr. Meeitt. The next item is No. 71, page 76, and reads as follows: For support and civilization of Indians at Fort Peck Agency, Mont., Including pay of employees, $35,000. INDIAN APPKOPEIATION BILL. 439 We offer the following justification in support of this item : Support of Indians of Fort Peck Agency, Mont. Fiscal year ending June 30, 1914, amount appropriated $35, 000. 00 Fiscal year ended June 30, 1913 : Amount appropriated 35, 000. 00 Amount expended 81, 117. 29 Unexpended balance 3, 882. 71 ANALYSIS OF EXPENDITURES. Salaries, wages, etc $13,822.39 Traveling expenses 40. 35 Miscellaneous material 304. 85 Stationery 12.50 Fuel 1, 110. 70 Mechanics' supplies 66. 40 Wearing apparel 264. 44 Forage 1, 105. 17 Provisions 10, 114. 73 Equipment 2, 660. 22 Medical supplies 585. 29 Tuition of pupils 30. 00 Miscellaneous . 25 Total 31, 117. 29 Indian population, 1,857. The amount asked for is the same as that granted in previous years. There are under this superintendency, 1,873 Indians. These have recently been allot- ted, the surplus lands have been opened to homestead settlement. The In- dians will have to be diverted from their old manner of life on the open ranges to more fixed habits of life, wherein they will be restricted to their individual holdings and will have to depend quite largely upon agriculture for their sup- port. Of the amount appropriated for the current fiscal year, $13,760 are used to pay employees, about $15,000 are used in the purchase of subsistence for issue to sick, helpless and dependents, and from the remainder the miscellane- ous expenses of the agency must be maintained, Including fuel for oflices and employees, feed for live stock, traveling expenses, etc. There have been allotted to these Indians 71,000 acres of Irrigible land, 212,000 of nonirrigable agricul- tural land, 424,800 acres of grazing land and 15,893 acres of timber lands. Of the 212,000 acres of nonirrigable agricultural land, about 10.000 acres are under cultivation, and of the 71,000 acres of irrigable lands about 600 are under cultivation. As these Indians have heretofore depended almost wholly on live stock, and as no agricultural efforts have ever been put forth by them, until within the last four years, it is necessary to provide them with the heavier teams, with a full outfit of farm implements, seed, etc., and to provide a much increased force of men to work with them for purposes of instruction In agriculture, and to supervise their home building, etc. For the purpose of aiding and encouraging their industries by providing teams, implements, seed, building material, etc., a reimbursable appropriation of $100,000 is being asked for. The $35,000 now appropriated is all required to maintain the purposes set forth above and in case the special appropriation of $100,000 is granted, it will be more urgently needed to maintain and supervise the industrial activities that will arise from this other appropriation. Support of Indians of Fort Peck Agency, Mont. : This reservation embraced originally something over 1,800,000 acres. Two thousand Indians have been allotted 722,000 acres and the surplus lands, some- thing over 1,300,000 acres, were placed on the market as authorized by the act of May 30, 1908 (35 Stats. L., 558). Practically all the Indians belonging to the Fort Peck tribe have allotments except a few Indians born since the clos- ing of the work in the field. 440 INDIAN APPKOPRIATION BILL. Mr. Carter. Last year you had an unexpended balance there, if these books can be relied on, of $3,882.71 ? Mr. Meritt. Yes, sir. Mr. Chairman, in view of the fact that we show an unexpended balance on that, the Flathead agency, we will not ask for an increase. The Chairman. Then what about Fort Peck? You have an un- expended balance there. You are asking for the same amount in that item ? Mr. Meritt. Those Indians have recently been allotted and we will need all of that appropriation, including the $5,000. The Chairman. For support and civilization ? Mr. Meritt. Yes, sir. • The Chairman. Why is it that you need more than you did the year before? Mr. Meritt. Because the activities of the reservation are very largely increased. For instance, in leasing land we will have a lease for each allotment, instead of a tribal lease, and the white farmers will begin to come in there and lease the allotted land of the Indians, and it will greatUy increase the work of the agency. Mr. Burke, you have found that to be the experience in the Sioux country, haven't you ? Mr. Burke. Yes. Mr. Meritt. We here offer a list of the agency employees called for elsewhere. Fort Peck, Mont. Number and position. Rate of pay. Total. Payable from— White: 1 clerk. . $1,200 1,000 1,200 1,100 840 720 900 1,200 720 1,200 900 720 400 240 120 480 480 400 360 180 1,200 900 84 125 120 $1,200 1,000 ■ 1,200 1,100 840 720 900 1,200 720 Support of Indians of Fort Peck Agency, 1914, 1 pliysieian Do 1 Do Do. Do 1 Do Do 1 general mechanic 1 farmer. . , 1 laborer . . . Do. Do. Do 8,880 1 lease clerk 1,200 Indian moneys, proceeds of labor, Fort Peck Indians. Support of Indians of Fort Peck Agency, 1914. Indian: 900 720 400 480 120 480 480 400 720 180 1 engineer 1 assistant engineer 2 assistant mechanics Do. Do. Do 1 herder Do 1 stableman Do 2 laborers Do. 4,880 Miscellaneous: 2 farmers 2,400 900 Industrial work and care of timber, 1914. 1 farmer 3,300 2 judges 168, Pay of judges, Indian courts, 1914. 1 chief of police " 300 1,920 Pay of Indian police, 1914. 8 privates.. .. 2,220 1 Per month. INDIAN APPKOPBIATION BILL. 441 Mr. Meritt. Since the report was submitted showing an unex- pended balance of $3,882.71, claims to the amount of $3,761.40 have come in, leaving a net balance of $121.31. The Chairman. What is the next item? Mr. Meritt. The next item is No. 72, on page 47, and reads as follows : For support and civilization of Indians at Blacljfeet Agency, Mont., includ- ing pay of employees, $20,000. We offer for the record the following justification for this item : Support of Indians of Blaclifeet Agency, Mont. . Fiscal year ending June 30, 1914, amount appropriated, $15,000. Fiscal year ended June 30, 1918, no appropriation. There are 2,842 Indians under the jurisdiction of this superintendency, all of whom are allotted. At present the agency employee force is being paid from " Indian moneys, proceeds of labor ", in the aggregate sum of $18,870. These funds are now so nearly exhausted that it will be necessary in the future to rely largely on appropriations to maintain the agency administrative force, provide fuel, feed, traveling expenses, etc. There have been expended up to the present time, $600,000 in the construction of Irrigation systems and still further funds will be required to complete them. These appropriations are reimbursable from future sales of tribal lands, con- sequently all tribal funds of that class are thus hypothecated. BfCort is being made to get the Indians to establish themselves on their allot- ments, build houses and other permanent improvements, put them under culti- vation and so develop them as to convert them into modern homes. For this purpose, in a separate item, a reimbursable appropriation of $100,000 is being asked for. The $20,000 asked for in this item will all be needed to maintain the agency expenses at set forth above, which will not only need to be maintained in full force, but as the activities of the Indians increase it is probable additional force will be required. Support of Indians of Blackfeet Agency, Mont. The Blackfeet Reservation was created by treaty, and comprises 1,500,000 acres, of which 881,288 acres have been allotted in the field to 2,600 Indians. The allotments have not yet been approved, however, due to certain additional curative legislation amendatory of the act of March 1, 1907 (34 Stats. L., 1035), which It is deemed necessary to procure. The surplus lands, approximating 700,000 acres, have been classified and appraised with a view of placing them on the market, as authorized by the act of March 1, 1907. At the time of closing the work in the field! all Indians then members of the tribe were allotted In severalty. Mr. Carter. There is an increase of $5,000 there, but you do not seem to have any analysis of your expenditures. Mr. Meritt. The reason for that is tbiSj Mr. Carter: Up to the present fiscal year we have been using the tribal funds of the Indians for the support of this agency. These Indians have been allotted and we are not now leasing so much land for grazing purposes, and this reduces the funds of the Indians until now it requires a gratuity appropriation for the support of that agency. Last year we used a part of the funds of the Indians for agency support. Mr. Carter. How is it you have no analysis of expenditures ? That is what I was asking about. Mr. Meritt. For the reason that this analysis we give here is tor the year ending last June 30, and up to that time we had no appro- priation. Mr. Cari-er. There is no analysis at all in my book. Mr. Meritt. That is true. This is the first fiscal year we have had m appropriation for the support of this agency. We did not have my in June 30, 1913. The liability books show that the $15,000 442 INDIAN APPROPRIATION BILL. appropriated for this fiscal year is entirely hypothecated, $9,420 for salaries and $5,580 for supplies for Indians. We here offer a list of agency employees, called for elsewhere. Blaclcfeet, Mwit. Number and position. Rate of pay. Total. Payable from— White: 1 clerk $1,200 900 900 900 1,200 900 720 900 600 1,400 600 480 360 480 480 600 480 900 720 480 84 145 120 1,200 780 175 $1,200 900 900 900 2,400 900 720 900 600 Support of Indians, Blackfeet Agency, Mont., Do. 1 assistant clerk Do. Do Do. • 2 physicians . . Do. Do. 1 blacksmith Do. Do. 1 laborer . . Do. $9,420 1,400 Blackfeet Eeserration, 4 per cent fund. Indian: 1 H-SSist^Tit fflrmfir 600 960 360 480 960 600 480 900 720 2,400 Indian moneys, proceeds of labor, Blackfeet 2 assistant mechanics 1 hospital cook . Indians. Do. Do. Do. 2 laborers. . . . Do. Do. 1 watchman Do. 1 superintendent of live stock. ' 1 line rider Do. Do. Do. 8,460 MisccUaneous: 168 540 1,680 Pay of judges, Indian courts, 1914. 1 chief of police . Pay of Indian poUce, 1914. 2,220 1 farmer . . . . 1,200 780 Industrial work and care of timber. 1914. Do Do. 2 forest guards (7 months). 1,980 1,050 Indian moneys, proceeds of labor, Blackfeet Indians. 1 Per month. The Chairman. What is the next item ? Mr. Meritt. The next item reads as follows : For extending the construction and maintaining the Milk River irrigation system on the Fort Belknap Reservation, in Montana, $25,000, reimbursable in accordance v?ith the provisions Of the act of April 4, 1910, and to remain avail- able until expended. We offer for the record the following justification : Irrigation system, Milk River, Fort Belknap Reservation, Mont, (reimbursable). Fiscal year ending June 30, 1914, amount appropriated $1 5, 000. 00 Fiscal year ended June 30, 1913 : Unexpended balance from previous year 131.77 Amount appropriated 15, 000. 00 15, 131. 77 Amount expended 15,191.23 Overdravi^n . 59.46 INDIAN APPEOPEIATION BILL. 443 ANALYSIS OF EXPENDITUBES. Salaries, wages, etc $10, 297. 56 Traveling expenses 222. 00 Transportation of supplies 378. 70 Telegraph and telephone service [ 68 Material 3, 993^ 66 Forage 5. 55 Equipment 293.08 15, 191. 23 Statistics, Fort Belknap. Census, 1913 1, 183 Present irrigable area acres__ 22, 000 Irrigated area do 7, 830 Irrigable area under completed project do 22, 000 Acres cultivated by Indians 7, 670 Acres cultivated by whites 160 Value of irrigated land per acre $30-100 Expended to June 30, 1913 $200,500.72 Estimate for fiscal year 1915 25,000 Cost of completed project, not estimated. The headgates, checks, and turnouts throughout the system at present consist of timber, many of which require replacement now, and nearly half of which will require replacement during the fiscal year 1915. The plans are to inaugu- rate a conversion of all structures from the present timber flashboard type to permanent ones of a reinforced concrete type, equipped with steel gates and screw-lifting devices, and in order to do this a sufficient appropriation must be provided. In addition to the new construction, the present systems must be maintained and operated. An extraordinary quick growth of willows in this locality makes maintenance a serious proposition. All canals and laterals here should be cleaned every fall after irrigation in order to keep them in operating condition at a minimum cost, as first-year willows can be easily disposed of, while if let run for two or more years they become tough and rooted to such an extent as to make them exceedingly difficult of extraction. The Peoples Creek unit at Hays is in serious condition as well as the Milk River Valley unit, and considerable maintenance is necessary there now. Only a part of this work can be touched during the year 1914, due to inadequate appropriation. An investigation of structures over the Peoples Creek unit shows approximately 75 per cent of them in need of replacement. A replace- ment with timber structures would mean only a postponement of another four or five years, when the same conditions as are now prevalent would again exist. Many reasons for thorough work over the above-mentioned unit could be given, two of the most important being — First. The territory is very fertile as well as alkaline In places, and readiness and rapidity of water distribution are factors of utmost importance in operation. Second. The district which this unit supplies is being cultivated and planted with excellent results by Indians, to an extent far in advance of any other district. In view of these conditions, permanent concrete work should be done as a benefit and inducement to the above-mentioned Indians. Total area reservation, 839 square miles. Population, 1,183. Estimated area of completed project, 22,000 acres. Irrigated at present time by Indians, 7,670 acres ; by whites, 160 acres. Average value of irrigated land, $30 to $100 per acre. Cost to June 30, 1913, $218,072. Total area reservation, 839 square miles. Tribes, Gros Ventre and Assinnaboine. Total census in 1912, 1,183. 444 INDIAN APPEOPEIATION BILL. LOCATION AND CLIMATIC CONDITIONS. County, Blaine. Townships and ranges, townsliips 25 to 32 north, ranges 22 to 26 east. Eailroads on and adjacent. Great Northern. Railroad stations, Harlem, Savoy, Coburg, Dodson. Market for products, principally local. Average elevation irrigable area, 2,320 feet; average elevation watershed, 2,400 to 10,000 feet : average rainfall on irrigable area, 13 inches ; average rain- fall on watershed, 20 inches. Range of temperature on irrigable area, 104 to — 50 below. WATER SUPPLY. Source of water supply. Milk River and tributaries. Area of drainage basins in square miles, 10,000. ' Annual run-ofC in acre-feet, 214,340. SUMMARY OF RESULTS. Present available reservoir capacity, 2,910 — three reservoirs. Canal miles with capacities from 50 to 250 second-feet, 19.50. Canal miles with capacities less than 50 second-feet, 66. Waste ditches and drains, 0.3 capacity, 213 second-feet. Waste ditches and drains, 0.7 miles; capacity, 30 second-feet. Number diversion dams, 3 earth, 2 rockfill, 1 crib. Dikes or levees, 11.5 miles. Number of canal structures costing over $2,000, 1 concrete, 1 wood. Number of canal structures costing from $500 to $2,000, 1 wood. Number of canal structures costing from $100 to $500, 1 concrete, 34 wood. Number of canal structures costing less than $100, 138 wood. Number of bridges length 50 feet or more, 1 wood. Number of bridges length less than 50 feet, 26 wood. Total length, 676 feet. Culverts, 10 wood, length 532 feet. Pipe : Metal, feet laid, 168. Flumes : Number, 18 wood ; size, 3 feet by 6 feet or smaller. Buildings, 1 warehouse. Concrete : Cubic yards, 160 ; cost, $1,367.14. Cement : Barrels used, 175 ; cost, $506.72. lEKIGABLE LANDS. Total cost of project to date, $218,072.96. Irrigated at present time, 7,830 acres. Irrigated at present time by Indians, 7,670 acres ; by whites, 160 acres. Total amount paid for labor since July 1, 1908, Indian, $65,348.79; white, $24,119.35. Average value of irrigated land, $30 to $100 per acre. Estimated area of completed project, 22,000 acres. Note. — The summary of lands irrigated does not Include quite a large number of acres irrigated from private ditches over which the Government has not exercised jurisdiction. CONSTRUCTION. There has been but little work done on this project during the last yeaf which could properly be called new construction. New canal and structures have been built, but they are more in the nature of betterments than new con- structions. It was found advisable to construct about 1,200 feet of new canal to use in place of the old one, which was located near the river and gave trouble from water seeping back into the river and causing sloughing of the banks. Two timber checks were constructed on Threemile Coulee Canal, a timber check on Milk River Valley system, a turnout on lateral No. 4, and a check on dike No. 3. Four bridges were built and a 48-foot section of flume to replace a section of washed-out canal was constructed. INDIAN APPBOPEIATION BILL. 445 MAINTENANCE AND RATION. In addition to the work mentioned under construction, there were replace- ments of small headgates, repairs of canal banks, repair of a bridge over White Bear Canal, and considerable work done on the wings and apron of the Milk River Dam. This last work was mnde necessary by decay of the timberwork. A portion of Peoples Creek Canal was puddled for purpose of preventing leakage and many minor structures wore repaired. The irrigation on this reservation has been done mostly by the irrigation force. The Indians do not seem to take hold of this part of farming. They seem to think that gathering the crops is labor enough. This is not a proper way of doing, but In order to encourage by example the irrigation force has actually Irrigated the lands. The climate Is such that only the hardy crops can be raised, and there is not much profit at the best. It will require skill and energy to make a success of farming on this reser- vation. The Chairman. There you have added new language, in line 8, " and to remain available until expended " ? Mr. Meeitt. Yes, sir. We would like to have that in connection with all irrigation items, Mr. Chairman. The Chairman. That is a general request, is it? Mr. Meeitt. Yes, sir. The Chairman. Why did you find it necessary to raise the amount from $15,000 to $25,000? Mr. Meritt. For the reasons set out in the justification. Mr. Reed. A great deal of that is what you would call betterment or reconstruction. The wooden structures have decayed and will be replaced by something that is more permanent and will not require such expenditures again. Mr. Meeitt. In addition I might add that heretofore we have been using some Indian moneys for keeping the ditches in repair, but the Indian moneys are about exhausted, and it will be necessary to have additional moneys appropriated by Congress. The Chairman. According to the language here this amoimt is reimbursable. Mr. Meritt. Yes, sir ; this is a reimbursable item. The Chairman. What amount of property have these Indians? Mr. Meeitt. They have a very large amount o^f valuable surface lands which will be available to reimburse the Government. ' The Chaieman. They have timberlands, have they not ? Mr. Reed. Not to amount to anything. The Chaieman. What is your next item? Mr. Meeitt. The next item reads as follows : For continuing the construction of irrigation systems to irrigate the allotted lands of the Indians of the Flathead Reservation, in Montana, and the unal- lotted irrigable lands to be or which have been heretofore disposed of under authority of law, including the necessary surveys, plans, and estimiites, $100,0(X), reimbursable in accordance with the provisions of the act of April 4, 1910, and to remain available until expended : Provided, That the use of so much water as may be necessary to supply for domestic, stock-watering, and irrigation purposes, land allotted or to be allotted to Indians on the Flathead Reserva- tion or set aside for administrative purposes within said reservation, is hereby reserved,' and the failure of any individual Indian or Indians to make bene- ficial use of such water shall not operate in any manner to defeat his or her right thereto while said land is held in trust by the United States. All laws and parts of laws in conflict herewith are hereby repealed. Mr. Carter. That is the same as the other provision ? 446 INDIAN APPEOPEIATION BILL. Mr. Meritt. Yes; that is the same. We offer for the record the following justification : Irrigation system, Flathead Reservation, Mont, (reimhursahle) . Fiscal year ending June 30, 1914, amount appropriated $325, 000. 00 Fiscal year ended June 30, 1913 : Unexpended balance from previous year 85,429.63 Amount appropriated 200, 000. 00 285, 429. 63 Amount expended 167, 578.52 S_ Unexpended balance 117,856.11 ANALYSIS 01' EXPENDITURES. Salaries, wages, etc 78,736.95 Material 19, 895. 69 Earnings on Nelson Rich contract • 69,440.88 167, 578. 52 This work is being done by the United States Reclamation Service. Statistics, Flathead Reservation, United States Reclamation Service. Census, 1918 2, 281 Present irrigable area acres 88,000 Irrigated area __* do 3,366 Area under completed project do 152,000 Cultivated by Indians do 1, 088 Cultivated by whites do 2, 278 Value of irrigated land per acre $100 Expended to June 30, 1913 '$1,214,561.78 Estimate for fiscal year 1915 $100, 000 Cost of completed project, estimated. United States Reclamation Service $6, 000, 000 DEPAETMENT OF THE INTERIOR, UNITED STATES RECLAMATION SERVICE — ^FLATHEAD PROJECT, MONTANA. Justification for estimate of needs for irrigation work on the Flathead project, Montana, during the fiscal year ending June 30, 1915. *, minimum appropriation of $500,000 is required. The work proposed to be done with the appropriation asked for consists of the following items : 1. Current expenses. — The item for current expenses is presented to cover operation and maintenance costs and stream gaging. Operation and mainte- nance will return to the Government all, or a large part, of the expenditure on that account. The total for all expenditures takes this into account in that it exceeds the minimum appropriation of $500,000 asked for by $22,000. 2. Repairs to huildings and property. — Repairs to buildings and property will cover repairs on existing camp buildings and maintenance work on the canal systems. 3. Neic construction. — The following appear to be the most needed additions to the existing works for the reasons given below. Additional storage should be provided. There are considerable areas in Poison, Post, and Pablo divisions not commanded by the present reservoir con- struction and none of the Mission division is so covered. With the cultivation of additional areas and the coming of a dry year similar to the year 1910 storage will be absolutely necessary to insure irrigation in the areas named 1 Reported by United States Reclamation Service. Expended, Indian Office, $1,036,- 650.61. INDIAN APPKOPBIATION BILL. 447 when irrigation is most needed, and the most available site for this purpose is St. Mary Lake, commanding all the area* named and being apparently the cheap- est site to develop. Water will be taken from branches of the Jocko River to storage in St. Mary Lake. About five miles of canal will serve for the first season, bringing water in from Fall Creek, and later three miles more of canal will be required for full supply. At the lake an outlet tunnel will be driven to lower Its level, giving a storage capacity of 12,000 acre-feet below the present level. The Pablo feeder canal will be extended south to tap Dry Creek, a distance of about 14 miles. Dry Creek Is the natural outlet of St. Mary Lake and this will complete the channel by which Jocko River water may be used where needed in Mission Valley between St. Ignatius and Poison, Mont. The ex- tension of Pablo feeder canal will also form a distributing canal for over 9,000 acres of allotted land in Mission division, to reach all of which will require small laterals only. The estimate includes the extension of small canals in Pablo division to reach 5,000 acres of new land about equally divided between allotments and home- steads. In Post division it is proposed to build a canal from Post Creek to reach about 5,000 acres of new land lying from 5 to 10 miles north and west from St. Ignatius. This land is about one-third Indian allotments, the remaining two- thirds being held by homesteaders who are very anxious for water. West of the Flathead River in Camas division there are about 15,000 acres of sagebrush land which has been divided into farm units practically all of which, where not Indian allotments, have been entered. The settlers have for three years tried dry farming and at the present time the United States commis- sioner, resident at Camas, Mont., states that about one-fourth of all the settlers have left their places as they will not yield a living under dry farming. This land is most in need of water of any on the project and it is proposed to begin work here by constructing the first twelve miles of conduit from the Little Bit- ter Root River, beginning near the north boundary of the reservation. The construction of a small dam at the Little Bitter Root Lake, in section 21, town- ship 27 north, range 24 west, M. P. M., to store the entire run-off above that point is also included in the estimate. Tour attention is called to the fact that with annual appropriations of $500,000 each year it would require about 10 years to complete the Flathead project. E. F. Tabob, Project Engmeer. Approved, August 13, 1913. Chas. p. Williams, Acting Supervising Engineer United States Reclamation Service. Department or the Interior, United States Reclamation Service, Great Falls, Mont., August 13, 191S. Acting Supervising Engineer to the Director. Subject : Flathead project, estimate of expenditures, year ending June 30, 1915. 1. The following is a statement of the work in progress on the Flathead project and that proposed for the fiscal year ending June 30, 1915, for which an additional allotment of $500,000 is requested. 2. On July 1, 1913, there were on hand equipment, materials, and supplies valued at $91,894.75; there was an unexpended balance of allotment for the Flathead project of $24,835.19, and by act of Congress approved June 30, 1913, $325,000 became available, making a total of $349,835.19 for use after July 1, 1913. This amount will be required for the completion of contract No. 407, now under way, the operation of the works, and for the construction of addi- tional structures under constructed canals in Pablo, Post, and Jocko divisions, and of three canals and sublaterals with structures to irrigate tracts known as Valley View, Buffalo Butte, and Moiese Valley. Specifications, plans, and estimates for the three canals with sublaterals, last mentioned, have been pre- pared and have been forwarded to you with engineer's board report, whicn report you have approved, covering earthwork only, and plans for the struc- tures needed are now being prepared. A preliminary estimate shows that the whole of the money now available will be required for the completion of the work described. 448 INDIAN APPEOPKIATION BILL. 3; The statement that follows for construction work for the fiscal year ending June 30, 1915, is based upon the apparently most pressing needs of the project as stated below : Additional storage should be provided. There are considerable areas in Poison, Post, and Pablo divisions not commanded by the present reservoir con- struction and none of the Mission division is so covered. With the cultivation of additional lands and the coming of a dry year, similar to 1930, storage will be absolutely necessary to insure irrigation in the areas named when irrigation is most needed, and the most available site for this purpose is St. Mary Lake, commanding as it does all the area named and being apparently the cheapest site to develop. Water will be taken from branches of the Jocko River and stored in St Mary Lake. About 5 miles of canal will serve for the first season, bringing water in from Falls Creek and later 3 miles more will be required for full supply. At the lake an outlet tunnel will be driven to lower its level, giving a storage capacity of 12,000 acre-feet below the present level. The Pablo feeder canal will be extended south about 14 miles to Dry Creek, which is the natural outlet of the St. Mary Lake, and this will complete the channel whereby Jocko River water may be used where needed in Mission Valley between St. Ignatius and Poison. The extension of Pablo feeder canal will also form a distributing canal for over 9,000 acres of allotted land in Mission division, to reach all of which will require small laterals only. The estimate includes the extension of small canals in Pablo division to reach 5,000 acres of new land about equally divided between allotments and homesteads. In Post division it is proposed to build a canal from Post Creek to reach about 5,000 acres of new land lying from 5 to 10 miles north and west from St. Ignatius, this is about one-third allotted and two-thirds homesteaded by settlers anxious for the water. West of Flathead River in Camas division there are about 15,000 acres of sagebrush land which has been divided into farm units and practically all of which, where not allotted, has been entered. The settlers have for three years tried dry farming, and at the present time the United States commissioner, resident at Camas, Mont., states that about one-fourth of all the settlers have left their places as impossible of yielding a living under dry farming. This land is most in need of water of any on the project, and it is proposed to begin work here by constructing the first 12 miles of conduit from the Little Bitter Root River, beginning near the north boundary of the reservation. The con- struction of a small dam at the Little Bitter Root Lake in sec. 21, T. 27 N., R. 24 W., to store the entire run-ofi' above that point is also included in the estimate. Tour attention is called to the fact that with annual appropriations of $500,000 each year it would require about 10 years to complete the project. 4. The following is an estimate of the proposed principal expenditures for the Flathead project for the fiscal year ending June 30, 1915, based upon an appropriation of $500,000. 5. Pablo division : The pioposed development here will consist of small canal extensions from constructed main lines and the necessary farm turnouts, etc., and will consist approximately of the following work : Excavation, class 1, 50,000 cubic yards, at 18 cents $9,000 Structures for 5,000 acres, at about $3 per acre 15,000 Engineering, administration, and contingencies 6,000 Total 30,000 Continuation of paving of Pablo Dams : 4,100 cubic yards (18 inches thick), at $3.90 15,990 Engineering, administration, and contingencies 4,010 Total 20,000 Post division: The proposed vcork here will consist of the construction of a canal from Post Creek to reach about 5,000 acres of land mainly entered under the homestead act, the balance allotted Indian land. Excavation, class 1, 77,000 cubic yards, at 18 cents $13,860 Excavation, class 2, 800 cubic yards, at 50 cents 400 Excavation, class 3, 200 cubic yards, at $1.50 300 Overhaul, 10,000 sta. yards, at 2 cents 200 INDIAN APPEOPEIATION BILL. 449 Heaclworks » . qqq Structures for 5,000 acres, at $3 ~~^_ 15' ooo Pipe line across canyon, 900 feet _ 3' 000 Kngineering, administration, contingencies "_~ 9^240 Total _ 46, 000 Mission division: It is proposed to extend the Pablo feeder canal through thi? division where it will form lateral "A" of the distributing system and command locally about 9,000 acres of land, of which about 8,000 acres may receive water directly. This will require approximately the following work : Excavation (steam shovel), all classes, 200,000 cubic yards, at 20 cents. $40, 000 Structures, 3 crossings, at $5,000 15 OOO Road along feeder canal, 40 miles, at $200 8^000 Engineering, administration, contingencies le' 000 Total 79_ 000 St. Mary storage: The worli proposed here for present development consists of tapping the St. Mary Lake by cut and tunnel and placing of controlling works in tunnel to make use of about 12,000 acre-feet of storage between tunnel level and the natural overflow level of the lake; also the construction of a feeder canal to bring water from Jocko River— the first work to take water from only one branch thereof. Palls Creek— to insure filling the lake each season, as the natural nui-ofl is not dependable for the amount needed. St. Mary Reservoir tunnel and controllmg works — Comparative estimate, line S. Open cut inlet, 3,100 cubic yards, at 50 cents $], 550 Open cut inlet (branch trench), 3,000 cubic yards, at $1.50 4,500 100,000 feet b. m., bracing, at $32 3, 200 Temporary shaft, steel cylinder, 10 feet diameter, 30 feet high, 19,000 pounds, at 6 cents 1, 140 120 cubic yeards excavation, at $2 240 4,500 feet b. m. cribbing below cylinder, at $40 180 Tunnel section driven 1,470 linear feet, at $25, complete 36, 750 Cut and cover section, 150 linear feet, concrete lining, at $11.16 1,674 Open cut, 700 feet, 7,000 cubic yards, at 43 cents 3, 010 Creek channel change 300 Gate shaft, 135 feet, excavation 930 cubic yards, at $1.50 1, 395 Timbering shaft, 25,000 feet b. m., at $30 750 Concrete lining, 315 cubic yards, at $20 6,300 Gates and screens 6,000 Contingencies 13, Oil Engineering and overhead charges 8, 000 Total 88, 000 8t. Mary feeder canal. Excavation, all classes, 120,000 cubic yards, at 20 cents $24, 000 Structures 5.000 Engineering, administration, and contingencies 8, 000 Total .37, 000 Camas division: The work proposed here is a storage dam about 10 feet high at Little Bitter Root Lake and the beginning of construction of the main canal taking water from Little Bitter Root River. The conduit will consist of a canal and fiume line beginning near the north boundary of the reservation and leading out to the bench land on the right bank of the river. The pre- liminary location of the canal line from T,ittle Bitter Root River idicates about 2 miles of flume will be required in Rocky Canyon and side hill work. Preliminary surveys only have been made here, and the following is a rough 24455—14 29 450 INDIAN APPEOPMATION BILL. estimate of the work desirable during the year, the canal will be built for about 12 miles: Metallic flume, 10,000 linear ifeet, at $5 (or lined canal or pipe) $60,000 Excavation, all classes, 175,000 cubic yards, at 20 cents 35,000 Structures, miscellaneous 25, 000 Administration, engineering, and contingencies 30,000 Total 150,000 For Camas storage, a rock filled crib dam at Little Bitter Root Lake will cost about $5,000. This work will store the run-ofl: of the lake and deliver water to the edge of the main body of irrigable land from which it may be conducted to many farms at slight expense, but the work should be continued the following year to distribute water to 10,000 to 15,000 acres of land. Telephone lines will necessarily be extended to reach new areas opened«to irrigation. It is estimated that about the following will be spent for ex- tensions and new lines : St. Mary feeder canal, 8 miles, at $100 $800 Camas Canal lines, 50 miles, wires only on Indian Service poles, at $50— 2, 500 Administration, engineering, and contingencies 700 Total 4, 000 Buildings and grounds will be needed in the new areas brought under water and to complete accommodations for employees on older portions to the extent of about $8,000. Survey and design, to be apportioned later to divisions, for the year, about $30,000. 6. Statement of results under proposed operation at end of fiscal years 1913, 1914, and 1915 is as follows : 1913 1914 1915 Lands whicli may be irrigated. Storage. Lands wMcb may be irrigated. Storage. Lands whicii may- be irrigated. Storage. Acres. 4,000 Acre-feet. Acres. 8,000 Acre-feet. Acres. 18,000 Acre-feet. Pablo reservoirs 1,000 3,000 5,000 Post division. . 19,656 22,000 27,000 Ninepipe .eservoir 5,000 5,000 5,000 12,000 6,000 8,000 1,000 6,000 14,000 1,000 9,000 14,000 1,000 Jocko division Total 38,000 6,000 51,000 8,000 69,000 22,000 7. The irrigable land of the Flathead project is about 152,000 acres. The appropriations made to date for this work amount to $1,539,161.18, of whicli there has been expended to July 1, 1913, $1,214,561.78. A rough estimate of the amount needed to complete the work is as follows, including for storage amount- ing to 180,740-acre feet, and mechanical and electrical equipment to utilize for pumping all the available power which can be developed at Newell Tunnell with- out a storage dam in connection therewith : ' Estimate to complete Flathead project. Big Arm Canal, including pumping equipment, 3,000 acres $77, 800.00 Camas storage. Big Draw, Hubbart and Little Bitter Root Lake Reservoirs 268, 000. 00 Camas Canals, 20,000 acres 409,000.00 Crow Canals, 14,000 acres 133,000.00 .Tocko Canals, 16,000 acres 63,000.00 Mission stornge. Mission and McConnell Reservoirs 291,000.00 Mission Canals, 23,000 acres 170,000.00 Pablo storage 723,000.00 INDIAN APPEOPEIATION BILL. 451 Pablo Cauals, 40,000 acres ,$422,000.00 Poison storage: Poison and Twin Reservoirs 138,000.00 Poison Canals, including pumping equipment, 6,000 acres 159,000.00 Post storage : Crow, Kickinghorse, McDonald, and Ninepipe Reser- voirs 557, 000. 00 Post Canals, 30,000 acres 128,000.00 St. Mary storage 3.57,000.00 Steam gaging 10, 000. 00 Telephone lines 18, 750. OO Buildings and grounds 55.000.00 Power and pumping— ^ .'545,000.00 Drainage 300, 000. 00' Survey and design 350, 000. 00 5. 174, 550. 00 Expended to July 1, 1913 1, 214, 561. 78' 152,000 acres, at $42.03 6,389,111.7,9 8. Drawing S-3337 tinted to sliow the developments proposed is enclosed here- with. Ohas. p. Williams. Amount of appropriation requested by the United States Reclamation Service for irrigation work on the Flathead Reservation during the fiscal vear 1915. $500,000. Amount of appropriation requested by the United States Indian Service for field work on the Flathead Reservation during said period, $100,000. Referring to the above reduction in the requested appropriation for irrigation work on the Flathead Reservation in Montana, it should be stated that as it was expressly understood that the estimates for Irrigation appropriations for the United States Indian Service during the fiscal year 1915 must be materially re- duced, it was considered best, as far as the Interests of the Indians are con- cerned, to make this reduction apply principally to the estimates for work upon the reservations where the Indians are less benefited than the white settlers by the system or project now under construction, where the largest reimbursable amounts have already been expended by the Indians for irrigation purposes, and where there is no immediate necessity of expediting the work for the purpose of protecting the Indian water rights thereunder. CONSTBUCTION WOBK, NOVEMBER, 1913. Montana, Flathead project : Jocko division, 84 per cent completed ; Mission division, 11.6 per cent completed ; Pablo division, 49.7 per cent completed ; PoIsod division, 13.3 per cent completed; Post division, 43.1 per cent completed. Weather conditions in general were favorable for construction work. The temperature ranged from a maximum of 60° to a minimum of 12°, and the precipitation amounted to 1.36 inches. The supply of labor was ample for all needs. Construction work was in progress on the Molese Valley Canal with a Government force consisting of 175 men, 100 animals, and a steam shovel. Twelve thousand cubic yards of excavation were moved by the steam shovel, and the same amount by team work on the sublateral system. The manufacture of 30-inch reinforced concrete pipe was completed for five culverts, and the placing of same was nearly finished. At the headworks all concrete work was completed and the forms removed. Two wasteways were completed on the malni canal and a considerable number of farm turnouts, pipe sluiceways, checks, bridges, and drops were constructed in the distribution system. All main canaJ structures were completed except flumes. Contract work was begun on the Valley View canals on the 24th. Adjudicatloa of private water rights on the? reservation was continued by the special commission appointed for the purpose. Mr. Meeitt. It will be noted that we are asking for only $100,000 for this project this year as compared with an appropriation of $325,000 last year. The Chairman. You will find that it will not be necessary to ask for more than $100,000 for the purpose of carrying on this work next year. 452 INDIAN APPEOPEIATIOiSr BILL. Mr. Mbeitt. I will state, Mr. Chairman, that I am not prepared, personally, to justify the manner in which this project has been financed heretofore. This project, as now estimated by the Reclama- tion Service, will cost about $6,000,000. It will irrigate about 150,000 acres of land, and only about 75,000 acres of that land belongs to the Indians. The funds of the Indians are being used to construct a great irrigation project, and in my judgment the method of finan- cing this project is wrong. It should be conducted as a reclamatioa project and the Indians should pay their proportionate cost for this project rather than pay all the cost and have the white people grad- ually reimburse them. The Chairman. There is no question about their having water rights to this stream, is there ? Mr. Meeitt. The Indians have the water right at the present time to this stream. I have set this matter out with some detail in two memoranda that have been prepared. The Chairman. Have you any objection to putting them in the record? -Mr. Meritt. I have no objection, Mr. Chairman, if the committee wishes to have them go into the record. In my judgment the method of financing certain irrigation projects is a subject that should be investigated by the congressional commission. The Chairman. Then if you have no objection, the memoranda will be inserted in the record at this point. Department of the Intbbioe, Office of Indian Affaies, Washington. September 5, 191S. Memorandum for the commissioner : In compliance with your request for a memorandum on the Flathead irriga- tion project, your attention is invited to the memorandum herewith prepared by me on January 12, 1912, regarding this subject. A recent report of the superintendent of the Flathead Reservation contsiins the following information, regarding allotments on that reservation : Minors. Adulte. Total. (1) Able- bod- ied. (2) Men- tally or physi- cally dis- abled. (3) Total. (4) Able- bod- ied. (5) Men- tally or physi- cally , dis- abled. (6) Total. (7) Able- bod- ied. (8) Men- tally or dis- abled. (9) Total. Allotted: Males 214 208 190 143 404 351 540 542 81 117 621 659 754 751 271 259 I,OJS Females . 1,010 Total. 422 333 755 1,082 198 i.asn 1,505 530 2,035 There are 246 Indians on this reservation unallotted, mailing a total Indian population of 2,281, consisting of 1,136 males and 1,145 females. There have been 231,000 acres allotted. The records also show that there are 3,820 acres cultivated by Indians on this reservation; that the irrigable area consists of 152,000 acres, about half of which is owned by Indian allottees »d the remainder is owned by white homesteaders; that the irrigation project has cost up to date (July 1) $1,201,517.30, and when completed it is estimated that it will cost $6,389,000, approximating an acreage cost of $42 for irrigation. The Reclamation Record for August, 1913, shows the following status of the work on the Flathead project : INDIAK APPROPRIATION BILL. 453 " Jocko division, 84 per cent completed ; Mission division, 11.6 per cent com- pleted; Pablo division, 47.4 per cent completed; Poison division, 14.3 per cent completed; Post division, 37.8 per cent completed." The act of April 28, 1904 (33 Stat. L., 302), authorizes the survey and allot- ment of lands embraced within the limits of the Flathead Reservation, and the sale and disposal of all surplus lands after allotment. The Flathead Irrigation project was authorized by the act of March 3, 1909 (33 Stat. L., 795). Tour attention is particularly invited to the following signlHcant language used in the Indian appropriation act of June 21, 1906 (34 Stat. L., 325-355) ; " Sec. 19. That nothing in this act shall be construed to deprive any of said Indians or said persons or corporations, to whom the use of land is granted by the act, of the use of water appropriated and used by them for the necessary Irrigation of their lands or for domestic use or any ditches, dams, flumes, reser- voirs constructed and used by them in the appropriation and use of said water." This provision of law, as will be observed, was very shrewdly drawn, and it would appear from the first reading that it was drafted for the benefit of the Indians rather than requiring them to make beneficial use of the waters of the reservation. The following provisions relatii^ to the water-right laws of Montana are found in Mills Irrigation Manual, page 504 : " The right to use unappropriated water may be acquired by appropriation. "Appropriation must be for some beneficial purpose. When appropriator abandons or ceases to use water for such purpose, right ceases. Abandonment question of fact. " Government of United States may appropriate water in same manner and subject to same conditions as individuals. Appropriation held valid for three years after filing of notice. Work of construction must commence within three years. Notice of abandonment may be filed before three years." On a number of our reservations where irrigation projects are being con- structed all the Indians are r^uired to pay for the construction of the project out of their tribal funds, and only a part of the Indians receive any benefit from the irrigation project. This necessarily works an injustice, and it should be possible to work out a plan so that the Indians who receive the benefit will be required to pay for the cost of construction. In order to protect the water rights of the Flathead Indians, I suggest that the following proviso be added to the item in the estimates for the year 1915, reOiVilrlng an appropriation for continuation of construction work on the Flat- head irrigation project : "Provided, That the use of so much water as may be necessary to supply for domestic, stock watering, and irrigation purposes, the land allotted to Indians on the Flathead Reservation or set aside for administrative purposes within said reservation is hereby reserved, and the failure of any individual Indian or Indians to make beneficial use of such water shall not operate in any manner to defeat his or her right thereto. All laws anR parts of laws in conflict herewith are hereby repealed." I believe that Mr. Reed, chief engineer of the Indian Reclamation Service, or one of his assistants, should make a thorough investigation of all the details of this Flathead project, so that you can be furnished with exact information in regard thereto. It may be that the project has progressed too far to change the present gen- eral plan, but I feel that there are certain phases of this work that should have \eiy careful attention and certain existing conditions remedied at the earliest possible date. Very respectfully, B. B. Meritt, Law Clerk. Law Dkpabtment or the Intekioe, E B M Office of Indian Affairs. Washington, Jann-ary 12. 1913. Memorandum for the Commissioner. In compliance with your request for a memorandum on the Flathead irriga- tion project you are advised that the records show that in 1907 an agreement was perfected whereby the Reclamation Service was authorized to make investigations, surveys, development of plans, and construction of irrigation works on certain Indian reservations, and under this agreement the Reclama- tion Service made a report on the feasibility of an irrigation project on the Flat- head Indian Reservation. 454 lifDIAN APPROPRIATION BILL. Congress, in the Indian appropriation act of March 3, 1909 (35 Stat. L., 795), authorized the construction of an irrigation system on the Flathead reservation and appropriated $250,000 therefor and directed that the cost of the entire work should be reimbursed from the proceeds of the sale of the lands and timber within said Flathead reservation. Under the act of April 23, 1904 (33 Stat. L., 302), there has been allotted to 2,425 Indians 228,146 acres. There has been appropriated for the Flathead irrigation project $950,000 as follows : Amount. Limit. Act. ApproTed. $250,000 260,000 60,000 400,000 1910 35 Stat., 795 Mar.3, ip Apr. 4, mo Apr. 30,1908 Mar. 3,1911 Pub., 114, 9 do 35 Stat., 83 do Pub., 454 Of this amount $506,926.01 had been expended up to June 30, 1911. The irrigable area of the Flathead irrigation project is estimated at 150,000 acres. It is estimated by the Reclamation Service that it would rcQulre $3,781,260.72 to complete the project as now planned. It is estimated that it will cost about $30 per acre to irrigate the land in question. When the project is completed as planned it will irrigate about 75,000 acres of Indian land and 75,000 acres of land under the control of white settlers. The Reclamation Record for November, 1911, shows the following status of the work on the Flathead project : Jocko division, 78.7 per cent completed; Mission division, 8.9 per cent com- pleted; Pablo division 22.9 per cent completed; Poison division, 9.4 per cent completed; Post division, 29.6 per cent completed. It will be seen from the figures herein given that the Flathead project can hardly be called an exclusively Indian project, but is more in the nature of a quasi-public project, as about one-half of the lands that will be irrigated under this project belong to white settlers. According to estimates of the Reclamation Service it will require nearly $3,000,000 to be further appropriated by Congress to complete this project, the money appropriated to be reimbursable out of the proceeds of the sale of land and timber of the Flathead Indians. I wish to call your attention to the fact that under the proposed arrangement the property of the Indians is required to be held as security for the reimburse- ment of appropriations made by Congress to construct the Flathead irrigation project, which will benefit the white settlers as much as it will benefit the Indians, and the project when completed will irrigate as much land in the own- ership of white settlers as allotted lo the Indians. In view of this fact, I want to suggest the advisability of Congress making direct appropriations for the construction of this project as a regular irrigtaion project under the supervision of the Reclamation Service rather than an Indian irrigation project, the Indians to pay their proportionate share of the cost per acre for irrigation, and the money heretofore appropriated by Congress and made reimbursable by the Indians could be consldeed as part payment of the cost of the irrigation of the Indians' lands. This is offered merely as a suggestion without full knowledge of all the facts and without claiming any knowledge regarding the engineering problems. I would also suggest that in view of the conditions that have arisen in con- nection with irrigation matters on the Pima and Yakima Indian Reservations, a very careful investigation by a representative of the Indian Bureau should be made of the entire work so far done on the Flathead irrigation project by the Reclamation Service. In connection with this matter I might add that there is an item in the esti- mates for the Indian appropriation bill for the fiscal year ending June 80, 1913, for an appropriation of $250,000 for continuing the construction of the irriga- tion system on the Flathead Indian Reservation. Very respectfully. B. B. Meeitt, Lam Ol&i-k. I concur with the above. W. H. KOSECKANS. Approved. R. G. Valentine, Commissioner. INDIAN APPEOPBIATION BILL. 455 Mr. Carter. I understand you to say there will be how much land irrigated by this project? ^ Mr. Mebitt. 150,000 acres. Mr. Cabtek. And the maximum amount that could be used by these Indians will be how much? Mr. Meeitt. 75,000 acres. Mr. Cakteb. Are the other 75,000 acres that will be used by the white men already taken up? Mr. Mebitt. Yes, sir. Mr. Caetee. And the white men are already on the land and are using the water, I assume, in some cases? Mr. Mebitt. Yes, sir; where they can get it. Mr. Caetek. How long has this project been in operation, Mr. Meritt? Mr. Meeitt. Congress has been making appropriations for about five years. Mr. Caetee. Will you put in the record a statement showing how much it has cost already? Mr. Mebitt. Up to the 30th day of June, $1,201,517.30. Mr. Cabteb. All of which has been paid from Indian appropriation bills? Mr. Mebitt. Yes ; except $64,161.18, which was paid from tribal funds under the provisions of the act of May 29, 1908 (35 Stat., 450). Mr. Caeter. From tribal funds? Mr. Meeitt. Secured by tribal funds. Mr. Caetee. It is a reimbursable appropriation? Mr. Meeitt. Yes, sir. Mr. Caetbb. All of the money has been paid out of the Federal Treasury as Federal funds? Mr. Mebitt. Yes, sir ; except the $64,161.18 tribal funds. Congress has made an appropriation out of the Treasury and has made those appropriations reimbursable and payable out of the tribal funds of the Indians, and as a result of this method of financing this project the funds of the Indians are used for paying back into the Treasury money heretofore advanced by Con- gress for this purpose. Mr. Caetee. How much of the funds of the Indians have been used for that purpose? Mr. Meeitt. Congress has appropriated $1,475,000 and the amount that has been reimbursed to the Government on account of the irrigation appropriations is $340,217.78. So that $404,378.96 of tribal funds has actually been paid out on account of this project. Mr. Carter. When did you say this tJroject was begun? Mr. Meeitt. About five years ago. Mr. Carter. Was it started in the Indian appropriation bill or some special act? Mr. Meeitt. In special act of April 23, 1904 (33 Stats., 302), open- ing the reservation, authority was given to expend tribal funds for benefit of the Indians in constructing irrigation ditches, purchase of cattle, etc. Mr. Carter. When was the first appropriation made for it? Mr. Meeitt. The act of April 30, 1908, provided for preliminary surveys, plans, and estimates of irrigating systems for the allotted lands, and the surplus unallotted lands to be disposed of as provided by the special act of April 23, 1904, and appropriated $50,000 there- for, which was reimbursable by the tribal funds. ♦ Mr. Carter. It was in an Indian appropriation bill? Mr. Meeitt. Yes, sir ; making appropriations for the Indian Serv- ice for the fiscal year 1909. Mr. Caeter. Please give us the date of that act. Mr. Meritt. The Flathead Eeservation was opened by act of April 23, 1904 (33 Stat. L., 302) , and further references may be found in Thirty-third Statutes at Large, page 1008; Thirty-fourth Statutes at Large, page 355; and act of March 3, 1909 (35 Stat. L., 791), and act of June 25, 1910 (sec. 29. 36 Stat. L., 863). 456 INDIAN APPROPBIATION BILL. Mr. Caeteh. Did this original act provide for any irrigation project? Mr. Meeitt. Yes, sir ; to benefit the Indians and to be paid for from the money to be received for the surplus land. Mr. Carter. It did not make an appropriation, but simply author- ized the project, did it? Mr. Meeitt. That is correct. Mr. Carter. Have you any other projects similar to this one? Mr. Meeitt. Two others — the Fort Peck and Blackfeet projects. There is a reference to this irrigation project in the following acts, and I give the appropriations carried by each one : Act of April ^, 1904, found in section 14, volume 33, page 305 ; act of May 29, 1908 (35 Stats., 450). These two acts relate to use of tribal funds for building ditches to irrigate allotted lands: Apr. 30, 1908 (35 Stats., 83) $50,000 Mar. 3, 1909 (35 Stats., 795) 250,000 Aiir. 4, 1910 (36 Stats., 277) 250,000 Mar. 3, 1911 (36 Stats., 1066) 400,000 Aug. 24, 1912 (37 Stats., 526) 200,000 June 30, 1913 (Public, No. 4, 63(J Cong.) 325,000 Before leaving this item, Mr. Chairman, it is my opinion if this matter can be worked out properly by Congress it will result in bene- fits not only to the Indians but to the white people under that project. We are not prepared at this time, imder this method of financing the irrigation project, to recommend appropriations sufficient to con- struct that project within the early time it should be constructed. If it were made a regular reclamation project and appropriated for by Congress and the Indian Service authorized to pay for the benefits the Indians will receive, the entire project could be started at a much earlier time and the white people would get water at a much earlier time; but the present method of financing this project is absolutely unfair to the Indians, and I personally can not justify it. Mr. Caetee. Mr. Meritt, what Mr. Eeed has said with reference to another project a few moments ago ought to convince us that we are not the proper people to handle a project for white people, because he referred to one case where Congress had authorized — and, of course, through this committee---the white men to have the benefits of irriga- tion at one-third its actual cost. Mr. Meeitt. That legislation can not be justified. It was purely political legislation. Mr. CARn?E. In what State was that? Mr. Reed. Idaho. Mr. Meritt. The Fort Hall project. It was not initiated by the Indian Office. The Chairman. What is the next item ? Mr. Meritt. The next item reads as follows : For continuing the construction of Irrigation systems to irrigate the allotted lands of the Indians of the Blackfeet Indian Reservation, in Montana, and the unallotted irrigable lands to be disposed of under authority of law. Including the necessary surveys, plans, and estimates, $50,000, reimbursable In accordance with the provisions of the act of March 1, 1907, and to remain available until expended : Provided, That the use of so much water as may be necessary, etc. Then follows the usual proviso. INDIAN APPKOPEIATION BILL. 457 I offer for the record the following justification : Irrigation system, Blaclcfeet Reservation, Mont, (reimhursatile) . Fiscal year ending June 30, 1914, amount appropriated $150,000.00 Fiscal year ended June 30, 1913 : Unexpended balance from previous year 71 327 50 Amount appropriated 1 10o| ooo! 00 171, 327. 50 Amount expended 157^ 56i. 73 Unexpended balance 13^ 765. 72 ANALYSIS OF EXPENDITTJBES. Salaries, wages, etc '_ $139, 133. 23 Material 17_ 962. 97 Miscellaneous 465. 53 157, 561. 78 This work is being done by the United States Reclamation Service. Statistics, Blaclcfeet Reservation. Census 1913 j 2, 500 Present irrigable area acres__ 10,800 Area under completed project do 122, 500 Value of irrigated land per acre $30 Expended to June 30, 1915 '$830,321.99 Estimate for fiscal year 1915 $50,000 Cost of completed project (estimated), United States Reclamation Service $3,000,000 BLACKFEET PROJECT. Expenditures proposed for period ending June 30, 1915 : 1. The Badger Fisher unit of 30,000 is now under construction. The Four Horns supply canal is completed except for the crossing of Whitetail Creek by siphon. No construction has as yet been done on the Four Horns Reservoir, which will require a controlling works of expensive construction, of which no design has been made, but for which a lump estimate of $25,000 has been made. Estimate for embankment has been placed at 65 cents per cubic yard, excava- tion 50 cents, and paving at $2 per square yard. As a large percentage of the excavation will be placed directly into the embankment, this estimate seems liberal, and the storage obtained of 20,000 acre-feet will be sufficient for a long period of years for this unit. The bead gates of the Fisher Canal and a flume at Mile 45 remain to be constructed. Two additional wasteways are required. Excavation also as noted. No work has as yet been done on the dis- tribution system, which will be built to cover approximately 16,000 acres of irrigable allotments on this unit. The following is the estimated cost to com- plete this unit : Fisher Canal, excavation : Class 1, 200,000 cubic yards, at 22 cents $44,000 Class 3, 10,000 cubic yards, at '90 cents 9,000 Lateral K, excavation, class 1, 60,000 cubic yards, at 22 cents. 13, 200 Distributaries, Fisher Flats, excavation, class 1, 75,000 cubic yards, at 20 cents 15,000 $81, 200 Structures, Fisher Canal : Blacktail diversion 8,000 Flume at station 230 2,500 Cross drainage culverts and wasteways ^ 5, 000 Turnouts for laterals 13,000 28, 500 > Reported by United States Reclamation Service ; Indian Office figures, $710,745.80. 458 INDIAN APPROPEIATION BILL. Fisher Flats, distributary system structures : Bridges $5, 000 Turnouts 9, 000 Drops 14, 000 Subturnouts 6, 000 Farm turnouts 12,000 $46, 000 Four Horns Reservoir, controlling works : To capacity of 20,000 acre-feet 65,000 Four Horns supply canal crossing of Whitetall Creek 7, 000 72,000 Total 227,700 Additional 25 per cent for engineering, clerical, general expense, and contingencies 56, fes 284, 62B Appropriation available 150, 000 Required from future appropriations 134,625 PKOPOSED NeV CONSTBtrCTIOir. It is desired to begin construction of the Lateral K unit of the Two Medicine unit during the latter part of the season of 1914. This unit contains 4,500 acres of first -quality irrigable land, obtains its water from the Two Medicine Canal (now completed) at the west end of Spring Lake Reservoir. Proposed construc- tion necessitates the building of the embankment at the west end of Spring Lake Reservoir, the construction of 16 miles, approximately, of 45 second-feet and less main canal and the distribution system for 4,500 acres. A number of cross-drainage culverts will be necessary. Estimate for the completion of this work is as follows : Embankment at west end of Spring Lake Reservoir : Canals and laterals, 38,860 cubic yards, at 65 cents $25,259.00 Paving on the same, 3,000 square yards, at $2 6,000.00 Canal excavation, 84,420 cubic yards, at 25 cents 21,100.00 Lateral system for 4,500 acres, at $5 per acre 22,500.00 Structures on main canal : 16 cross-drainage qulverts 2,400.00 2 wasteways 2,000.00 70, 259. 00 Additional 25 per cent for general expense, engineering, clerical, and contingencies 19, 814.75 99, 073. 75 Survey work is proposed for the Carlow unit of 18,000 acres and possible construction of main canals of same during June, 1915. This system lies adja- cent to the main line of the Great Northern Railway and is especially attractive on account of the even topography of the land in proximity to the railroad. Water supply is from Cut Bank Creek direct and Middle Two Medicine Lake by way of Willow Creek. No estimate has as yet been made for this work. It is probable that an expenditure of about $16,000 would be sufficient up to July 1, 1915. Summary of proposed expenditures beyond the present available appropri- ation : Badger Fisher unit $134,625.00 Two Medicine unit, lateral K 99,073.75 Carlow unit 16, 301. 25 Total 250,000.00 INDIAN APPEOPKIATION BILL. 459 ITEM NO. 75. Irrigation system, Blackfeet Reservation, Mont, (reimbursable). Amount of appropriation requested by the United States Recla- mation Service for irrigation work on the Blackfeet Reservation, Mont., during the fiscal year 1915, $250,000. ~ Amount of appropriation requested by the United States Indian Service for said work on the Blackfeet Reservation during said period, $50,000. Referring to the above reduction in the requested appropriation for irrigation work on the Blackfeet Reservation in Montana, it should be stated that as it was expressly understood that the estimates for irrigation appropriations for the United States Indian Service dur- ing the fiscal year 1915 must be materially reduced, it was considered best, as far as the interests of the Indians are concerned, to make this reduction apply principally to the estimates for work upon the res- ervations where the Indians are less benefited than the white settlers by the system or project now under construction, where the largest reimbursable amounts have already been expended by the Indians for irrigation purposes and where there is no immediate necessity of expediting the work for the purpose of protecting the Indian water rights thereunder. Construction work, November, 1913 : Montana, Blackfeet project. Two Medicine unit, 73 per cent completed; Badger-Fisher unit, 52 per cent completed. Weather conditions were in gen- eral good. Frequent light storms accumulated about 6 inches of snow near the mountains, but none on the irrigable portions of the project. High winds and exceptionally mild weather prevailed for this season of the year. Labor condi- tions improved for white laboj, but nearly all Indian labor left the work. Ex- cavation of Fisher main canal, miles 20-24 and lateral K miles 1-3 was in progress with a force of about 32 Indian teams and 8 Government teams. Structural work consisted in finishing the Blaektail diversion dam and the head- gates of Fisher Canal, the building of three wooden 2-span stringer bridges across the Fisher Canal at miles 1, 10, and 15. Construction of Sherburne Lakes Reservoir highway, mile 6 to Park boundary and Glacier National Park high- way, mile 1, was in progress with 50 head of Government animals and a few Indian and hired teams, but progress was delayed by frequent storms and high winds. Fifteen log culvei-ts were placed and excavation completed to the end of mile 1. Final location and cross section of the highway from the park boundary to McDermott Lake was in progress. Mr. Chairman, we are only asking for $50,000 while last year $160,000 was appropriated. This is another project which is being constructed by the Reclamation Service and the appropriations made by Congress are reimbursable out of Indian funds. The Chairman. What is the condition of their funds ? Mr. Meeitt. The Blackfeet Indians have valuable lands, but they do not look with favor on constructing a large irrigation project pay- able out of their funds. The Indian Office was in receipt of a peti- tion not long since from the Blackfeet Indians, and they would prefer, in view of the conditions on this reservation, that a large irri- gation project reimbursable out of their funds be not authorized. Mr. Carter. Is it contemplated that any part of this irrigation project will be used by them effectively ? Mr. Meeitt. Yes, sir. Mr. Carter. What percentage ? Mr. Meeitt About 50 per cent. 460 INDIAN APPEOPBIATION BILL. Mr. Caei'br. The same as the other project? Mr. Meei'jt. Yes, sir. Mr. Carter. What is the acreage to be irrigated ? Mr. Meriit. 133,000 acres. The Chairman. What is the next item? Mr. Meeitt. The next item reads as follows : For continuing construction of irrigation systems to irrigate allotted lands of the Indians of the Fort Peck Indian Reservation, in Montana, including necessary surveys, plans, and estimates, $50,000, tlie same to be reimbursable and to remain available until expended: Provided, Tbat the use of so UMich water as maj^ be necessary, etc. The same proviso follows. • The following justification is offered for the record : Irrigdiion system, Fort Peck Reservation, Mont, (reinibursable) . Fiscal year ending June 30, 1914, amount appropriated $150,000.00 Fiscal year ended June 30, 1913 : Unexpended balance from previous year 106.10 Amount appropriated 100,000.00 100, 106. 10 Amount expended 72, 294. 35 Unexpended balance -— 27,S21.75 .\NALYSIS or EXPENDITURES. Salaries, wages, etc 61,983.65 Traveling expenses 138. 96 Transportation of supplies 161.70 Material 8,583.56 70, 867. 86 Expended on account of fiscal year 1912 1,426,49 72, 294. 35 This work is being done by the United States Reclamation Service. Statistics, Fort Peck Reservation. Census, 1913 1, 833 Present irrigable area acres— 7,500 Irrigated area Area under completed project acres— 152,000 Cultivated by Indians do Value of irrigated land per acre $30.00 Expended to June 30, 1918 •$281,64&79 Estimate for fiscal year 1914 $50,000.00 Cost of completed project, estimated, U. S. R. S $5,169,300.00 Poplar, Mont., Auffust 13, 191S. Project Engineer to Supervising Engineer, Great Falls, Mont. Subject : Fort Peck project, Mont., statement of work completed and estimate of cost of work proposed for fiscal year 1914-15. 1. The following is a statement of the constructed work on Fort Peck project and the estimated cost of the work proposed for the fiscal year 1914-15 for which is asked an additional allotment of $375,000. 1 Reported by United States Reclamation Service, Indian Office figures, $217,166.41. INDIAN APPROPRIATION BILL. 461 WORK UNDER CONSTRUCTION. 2. Works constructed include portions of the Little Porcupine and Poplar EJver units. 3. Little Porcupine unit. — Works diverting water from the Little Porcupine Creek were begun in 1909 and extended in 1910 and 1911. Upon final com- pletion of the Fort Peck project this unit will include 2,000 acres. Of the 2,000 acres to be finally included in this unit laterals have been constructed to cover 1,000 acres in the vicinity of Frazer, Mont. An additional area of 1,000 acres, lying in the vicinity of Oswego, Mont., will be Irrigated eventually. The eoBStructed distribution system h:is been extended to cover about 1,500 acres, which eventually may be irrigated from the Missouri River gravity canal, so that the amount of land now susceptible of irrigation from the constructed works amounts to 2,500 acres. The works include a low diversion dam across Little Porcupine Creek, a feeder canal, about 1 mile in length, leading from tie diversion dam to the Little Porcupine Reservoir, which has a capacity of 3,900 acre-feet, and the distribution system for the 2,500 acres. Practically all of the land under this unit has been allotted. 4. Poplar River umit. — The Poplar River unit, as planned- includes a storage reservoir situated In township 32 north, range 49 east, and having a capacity of about 30,000 acre-feet and 4 canals designated "A," " B," " C," and " D." "A," " B," and " D " Canals will irrigate lands on the west side of the Poplar River, about 12,000 ; 5,000 and 3,000 acres, respectively, and " C " Canal will irrigate about 8,000 acres on the east side of the river. " B " Canal, Including a low concrete diversion dam, concrete headworks, and the distribution system, has been completed. The headworks of " C " Canal and about 15 miles of the main canal have been completed. The entire unit will be completed at about the end of the present year 1913. No work has been done on "A" or " D " Canals. 5. The water supply for the irrigation of this unit Is derived from the Poplar River, the estimated annual run-off of which, as reported by the United States Geological Survey, ranges from 25,000 to 100,000 acre-feet. Tie "A," " B," " C," and " D " Canals, as designed, will have a combined capacity of about 450 second-feet. The major part of the discharge can be made available for irrigation by means of the proposed works, and about 1 acre-foot per acre can 'be delivered to tbe lands between March 1 and August 1. Without storage there will not be sufficient water for all of the lands, and Poplar River Reservoir should be constructed as soon as funds are available. 6. Big Porcupine unit. — With the funds available, construction of the Big Porcupine unit to cover 4,000 acres In the vicinity of Wlota will be begun In the fall of 1913, and it Is expected that this unit will be completed during the fiscal year 1914. Discharge measurements of Big Porcupine Creek show a run- off throughout the irrigating season to have been about 4.300 acre-feet In 1909, about 1,000 acre-feet in 1910, about 10,000 acre-feet in 1911, and about 30.000 acre-feet In 1912. It is proposed to construct a low diversion dam and main canal about 10 miles in length and having a capacity of from 70 to 100 second- feet and a lateral system for 4,000 acres. A small storage reservoir has been found on the middle fork of Big Porcupine Creek and should be constructed as soon as funds are available. PROJECTED WORK. 7. The complete construction proposed for the Fort Peck project will cover 152,000 acres of Irrigable land, of which approximately 92,000 acres have been allotted to Indians in 40-acre tracts. Future work will include the completion of the Little Porcupine unit and the Poplar River unit, both of which have been constructed in part, and in addition thereto the Big Porcupine unit, the Big Muddy unit, and the Missouri River gravity canal, including the subunits at Galpin bottom and Milk River bottom, where it is proposed to pump water from the gravity canal for the irrigation of the lands included in the two units. 8. It is proposed to construct at first the smaller irrigation units denving their water supply from side streams. The water supply from these side streams is not steady nor abundant. There is, however, usually a snfiSeient supply for the production of crops of hay, grain, and vegetables. The construc- tion cost of these small units is comparatively low. The water supply of the Missouri River gravity canal is more than ample at all times during the irriga- tion period, but owing to the large outlay necessarily Involved m the construe- 462 INDIAN APPBOPEIATION BILL. tion of this canal It has been the policy to construct first the smaller units where land can be more quickly brought under irrigation and at a comparatively small unit cost and a small total cost. 9. Big Muddy unit. — This unit includes about 16,000 acres in townships 29, 30, and 31 north, ranges 54 and 55 east, and lying on the west side of the Big Muddy Creek, which forms the eastern boundary of the Fort Peck Indian Res- ervation. The lands are very flat and the soil is heavy. Good crops of hay and grain can be produced under proper cultivation and irrigation. On the east side of the Big Muddy Creek a branch line of the Great Northern Rail- way, extending from Bainville, on the main line, to Plentywood, parallels the tract at a distance of about 6 miles and affords good transportation facilities. The water supply is limited ordinarily to the spring floods and to limited storage on Wolf Creek and Smoke Creek, ■ tributary to the Big Muddy Creek from the west. Records of the stream flow of these streams are meager and fragmentary. In 1909 the records show a discharge of about 6,000 acre-KQt, occurring between April 20 and August 31, exclusive of May 26 to July 18. The flow after August 31 was very small. In 1910 there was a discharge of about 24,000 acre-feet from March to September, Inclusive, of which about 23,000 acre-feet occurred in March and April, with very little flow in July, August, and September. In 1911 there was a discharge of about 16,000 acre-feet from April to October, inclusive, of which about 6,500 acre-feet occurred in April and about 3,000 acre-feet total in May, June, and July. No independent measure- ments have been ma^e of the run-off from Wolf Creek and Smoke Creek, their discharges being included in the measurements of the run-off from Big Muddy Creek, but sufficient investigations of the drainage basins and observations of the run-oif have been made to warrant the construction of small works. 10. The proposed work for the fiscal year 1915 includes three small diversion dams on the Big Muddy Creek, with main canals and lateral system, drainage system, and structures to irrigate about 16,000 acres under this unit. The con- struction of the Wolf Creek Reservoir and Smoke Creek Reservoir to store 4,550 acre-feet and 5,350 acre-feet is not contemplated during the fiscal year 1915. The estimated cost of the construction of this unit is as follows: 3 diversion dams $30,000 3 diversion dams in Wolf Creek and Smoke Creek 22,500 Canal structures for 16,000 acres, at 75 cents per acre 12,000 4 headgate structures, at $3,000 12,000 Distributary structures for 16,000 acres, at $1 per acre 16,000 Drains, 150,000 cubic yards, at 30 cents per cubic yard 45,000 Drainage structures 5, 000 Canals, 725,000 cubic yards, at 24 cents per cubic yard 174,000 Engineering and contingencies, about 15 per cent 48,500 Total 865,000 Practically all of the land under this unit has been allotted to Indians. OPERATION ANn MAINTENANCE. 11. It will be necessary during the fiscal year 1915 to provide for operation and maintenance for Little Porcupine unit. Poplar River unit, and Big Porcu- pine unit. The following amounts are desired for this work : Operation and maintenance : Little Porcupine unit $1,500 Poplar River unit 3,000 Big Porcupine unit 2,000 The area that will be irrigated during this period depends altogether upon the activity of the Indians along irrigation lines. With the small crops result- ing from dry farming in the season of 1913, it is expected that there will be an added interest in irrigation in the following seasons, with the result that a considerable area should be under irrigation by 1915. INDIAN APPEOPEIATION -BILL. 463 ITEM NO. 76. Irrigation system, Fort Peck Reservation, Mont, (reimbursable). Amount of appropriation requested by United States Reclamation Service for irrigation work on the Fort Peck Reservation during the fiscal year 1915, $375000. Amount of appropriation requested by the United States Indian Service for said work on the Fort Peck Reservation during said period, $50,000. Referring to the above reduction in the requested appropriation for Irrigation work on the Fort Peck Reservation, in Montana, it should be stated that as it was expressly understood that the estimates for irrigation appropriations for the United States Indian Service during the fiscal year 1915 must be materially reduced, it was considered best, as far as the interests of the Indians are con- oeraed. to make this reduction apply principally to the estimates for work upon the reservations where the Indians are less benefited than the white settlers by the system or project now under construction, where the largest reimbursable amounts have already been expended by the Indians for irrigation purposes and where there is no immediate necessity of expediting the work for the pur- pose of protecting the Indian water rights thereunder. CONSTEUCTION WORK, NOVEMBER, 1013. Montana, Fort Peck project, 4.7 per cent completed. Weather conditions were favorable for construction work, but progress was delayed by frozen ground in the early mornings. Work was discontinued on the 26th and the equipment stored for the winter. White labor was hard to obtain, while more than the usual number of Indian teams were available for work. Seventy-two Indian fresno teams, two Government fresno teams, and six Government plow teams were employed. Excavation of the laterals on the Poplar River " C " Canal was continued with Indian teams and laborers, 30,000 yards of material being exca- vated. Good progress was made on Big Porcupine unit mnin canal with 4 plow teams and 22 Indian fresno teams. Bridges were constructed over the main canal and laterals to accommodate tralflc through the tract. Drops were completed for the " D " Canal, completing this canal for use in 1914. Surveys were carried on in connection with the lateral system for Big Porcupine unit and detail topog- raphy for structure sites. OPERATION AND MAINTENANCE, NOVEMBER, 1913. Montana, Fort Peck project. No water was delivered for irrigation purposes during the month and no maintenance work was done. Only 40 acres were plowed on the Irrigable area. We are asking for $50,000 for this project. Last year there was appropriated $150,000. Mr. Carter. Mr. Meritt, I wish you would make some statement as to why you reduce this appropriation. Mr. Meritt. Mr. Chairman, this is another irrigation project that is being constructed by the Reclamation Service and is being paid for out of Indian funds. The Indian Office is not disposed, in view of the method of financing this project, to ask for a large appropriation. We believe that the Flathead, Blackfeet, and Fort Peck irrigation projects should be investigated very carefully by this committee of Congress, and probably by the commission appointed to investigate Indian affairs, with a view to reaching a conclusion as to how these projects should be financed and completed. The Chairman. Do the irrigation engineers under the Eeclamation Service or your irrigation engineers prepare the figures and provide for the building of any one of these projects? Mr. Reed. Those of the Reclamation Service. The Chairman. The figures and plans and specifications were made by the Reclamation Service? 464 INDIAN APPEOPEIATION BILL. Mr. Carter. Yes, sir; the figures, plans, specifications, and esti- mates. Mr. Meeitt. Mr. Chairman^ I would like to have Mr. Eeed make a statement for the record as to his views regarding these three projects. The Chairman. Mr. Reed, we will be glad to have your statement at this point. Mr. Reed. In view of the fact that only about 50 per cent of the entire land is Indian land, it does not seem right and just that Indian resources should be hypothecated for the repayment of the charges. Had these three projects been entirely Indian projects, they would not have been undertaken on the scale that they have and the cost undoubtedly would have been less. The Indians would not have had so much of their resources hypothecated in order to build them, and it seems nothing more than fair that the Indian, as long as he has given up his land by the opening process of the reservation, should stand in the same light on these large projects as the white man. His funds should not be drawn upon for the purpose of finan- cing, but should be drawn upon for the purpose of making repay- ments, the same as the white man would make repayments. We can not understand why — at least I can not — he should be called upon to make all the payments in advance, while the white man is given 15 years after the completion of the job to make his payments, and we believe that since these projects have been advanced so far, since they have been laid out on such a large scheme, it would be impossible to curtail them without a great loss. We believe that they should be- come irrigation projects, built in conformity with the laws under which they act and under which they are built, and that the Indians' interests should be represented as that of any other member of the water-users association. The Chairman. In other words you take the position that the In- dian is putting up all the security for all the money that goes into the whole project and only gets half of the benefit; is that correct? Mr. Reed. Yes, sir; and puts it up in advance, while in the case of the white men they do not put it up until 15 years after comple- tion. Mr. Carter. These projects are being carried out under your su- pervision, Mr. Reed? Mr. Reed. No, sir ; they are not. The present agreement or regula- tion under which the two departments are supposed to cooperate eliminates the engineering force of the Indian Office, and if I am right in my understanding, very nearly eliminates the Indian Office entirely, not only the irrigation officers but the commissioner and the executive officers as well. Mr. Carter. Then we are appropriating money here to be used by the Reclamation Service? Mr. Reed. Yes, sir. Mr. Carter. And that is the way this money is being used? Mr. Reed. Yes, sir. Mr. Carter. When were these three projects put in the bill. They were not all put in the same year, I assume? Mr. Reed. I do not know that we have the historipal part of this matter with us. Mr. Carter. I wish you would put in the record the history of these transactions, because I want to understand them. IKDIAN APPEOPRIATION BILL. 465 Mr. Reed. In order to get the historical part of the transactions, we should have to go to the Reclamation Service, because we have been nothing more than onlookers or part of the audience so to speak. Mr. Carter. I do not see why we should appropriate anything for it. They could go ahead with their reclamation project and then when they complete it let the Indians pay for their part of it. It seems to me that would be the sensible thing to do. Mr. Meritt. Mr. Carter, I made that recommendation two years ago in connection with the Flathead project. As an administrative officer of the Indian Bureau, I thought I would be unfair to this com- mittee and to the Indians of those three reservations not to call this condition to your attention, and I think the matter should be investi- gated and the whole situation straightened out. In order to be per- fectly fair to the Reclamation Service, I would suggest the advisa- bility of that service being given an opportunity to make any remarks they may wish to make on these three items. The Chairman. What is the next? Mr. Meritt. The next item reads as follows : For fulfilling treaties with Crows, Montana : For pay of physician, $1,200 ; and for pay of carpenter, miller, engineer, farmer, and blacksmith (article ten, treaty of May seventh, eighteen hundred and sixty-eight), $3,600; for pay of second blacksmith (article eight, same treaty), $1,200; in all, $6,000. The following justification is submitted for the record: Fulfilling treaties with Grows, Montana. Fiscal year ending June 30, 1914. amount appropriated $6, 000. 00 Fiscal year ended June 30, 1913 : Unexpended balance from previous years 10, 176. 07 Amount appropriated 6, 000. 00 16, 176. 07 Amount expended 5, 640. 00 Unexpended balance 30, 536. 07 Analysis of expenditures, salaries, wages, etc 5,640.00 Indian population, 1,693. This is the same amount as has been heretofore granted. The United States, by the treaty of May 7, 1868, obligated itself to provide certain employees for the Crow Indians. In order to carry out this agreement the amount estimated should be provided for the payment of the salaries of the employees called for in the treaty provision. The Crow Reservation was created by treaty and comprised originally some 4,000,000 acres of land. Of this 479,182 acres have heretofore been allotted. Tinder the act of April 27, 1904, some 1,500,000 acres of Crow lands were placed on the market, leaving within the diminished reservation upward of 1,834,500 acres of surplus tribal land, which is still available for Indian use. All mem- bers of this tribe in being were allotted, and the only unallotted Indians there now comprise children born since the closing of the prior work. The treaty of May 7, 1868, with the Crow Indians was ratified July 25, 1868 (15 Stat. L., 649). Article 10 of said treaty reads: "The United States hereby agrees to furnish annually to the Indians the physician, teachers, carpenter, miller, engineer, farmer, and blacksmiths as herein contemplated, and that such appropriations shall be made from time to time on the estimates of the Secretary of the Interior as will be sufficient to employ such persons." 24455—14 30 466 INDIAN APPBOPKIATION BILL. Article 8 of the treaty mentioned provides, inter alia, that — " such persons as commence farming shall receive instructions from the farmer herein provided for, and vehenever more than one hundred persons shall enter upon the cultivation of the soil a second blacksmith shall be provided, with such iron, steel, and other material as may be required." There does not appear to be any limitation as to time. The provisions of articles 8 and 10 of the treaty of May 7, 1868, are to continue in force. The Chairman. That is the same as it was last year ? Mr. Mbeitt. Yes; the same amount. The next item reads as follows : For subsistence and civilization of the Northern Cheyennes and Arapahoes (agreement with the Sioux Indians, approved February twenty-eighth, eighteen hundred and seventy-seven), including subsistence and civilization of Northern Chejennes removed from Pine Ridge Agency to Tongue River, Montana, and for pay of physician, two teachers, two carpenters, one miller, two farmers, a blacksmith, and engineer (article seven, treaty of May tenth, eighteen hundred and sixty-eight), $85,000. We offer for the record the following justification in support of this item: Support of Northern Cheyennes and Ara.pQ,hoes, Montana. Fiscal year ending June 30, 1914 : Amount appropriated _., $85,000.00 Fiscal year ended June 30, 1913 : Amount appropriated 85, 000. 00 Amount expended 84, 651. 59 Unexpended balance 348. 41 ANALYSIS OF EXPENDITTJEES. Salaries, wages, etc $18,450.48 Traveling expenses 1,106.62 Telegraph and telephone service 249.51 Miscellaneous material 1, 587. 01 Fuel 678. 22 Mechanics' supplies 78. 75 Cleaning and toilet supplies 240.96 Wearing apparel 54. 95 Forage __ 5, 417. 29 Provisions 34, 586. 50 Equipment 5,494.14 Medical supplies 722. 77 Care and maintenance of pupils in mission schools 15,394.76 Care of insane 428.10 Miscellaneous 161.53 84,651.59 Indian populafion. Northern Cheyennes, Montana 1,433 Arapahoes, Shoshone Agency, Wyoming 876 Total 2,309 This is the same amount as has been granted in previous years, and is for the purpose of fulfilling the requirements of a treaty with the Indians. Of the amount asked for about $25,000 is to be used for the payment of salaries of employees, about $50,000 for the purchase of supplies and other articles to be issued to the Indians, over $5,(X)0 for the education of Indian children, and a large portion Is used for the purchase of stock and forage for same, leaving the remainder to be used for such various purposes as may arise. INDIAN APPEOPEIATION BILL. 467 The needs of these Indians are so great that appropriations heretofore made have hardly been adequate for them, and the amount aslced for herein is as low au estimate as could possibly be made. The population of these two tribes aggregates 2,309 members, of whom 1,433 are under the jurisdiction of the Tongue River Indian School on the Northern Cheyenne Indian Reservation, JMont. ; the remainder — 873 Arapahoes — are on the Wind River Reservation, Wyo. The Northern Cheyenne Reservation, Mont., was created by Executive order, and contains some 489,000 acres. No allot- ments have been made here and a large part of the reservation Is still unsur- veyed. The Wind River Reservation, Wyo., was created by treaty, and com- prised originally some 1,700,000 acres, of which 223,236 acres have heretofore been allotted to 2,154 members of the Shoshoni and Arapaho Tribes. About 700,000 acres within this reservation north and east of the Wind River were opened to homestead entry in 1906. The diminished reservation contains some 600,000 acres of unallotted tribal land, with approximately 800 Indians yet to be allotted. There is no authority under existing law for the disposal of any of these lands in the diminished reservation other than by allotment to Indians. The agreement with the different bands of the Sioux Nation of Indians, and also with the Northern Cheyenne and Arapaho Indians, dated September 26, 1876, was ratified by the act of February 28, 1877 (19 Stat. L., 254). The treaty of May 10, 1868, with the Northern Cheyenne and Northern Arapaho Indians was ratified July 25, 1868 (15 Stat. L., 655). Article 7, treaty of May 10, 1868 (15 Stat. L., 655), reads as follows: " The United States hereby agrees to furnish annually to the Indians who settle upon the reservation a physician, teachers, carpenter, miller, engineer, farmer, and blaclismiths. as herein contemplated, and that such appropriations shall be made from time to time on the estimates of the Secretary of the Interior as will be sufficient to employ such persons." In the fifth article of the agreement of February 28, 1877, the United States agrees to provide all necessary aid to assist the Indians in the work of civiliza- tion and to furnish subsistence and certain specified rations. As will be seen, no amount is mentioned or specific period fixed. Article 5, agreement of February 28, 1877 (19 Stat. L.. 254), reads as follows: " In consideration of the foregoing cession of territory and rights, and upon full compliance with each and every obligation assumed by the said Indians, the United States does agree to provide all necessary aid to assist the said Indians in the work of civilization, to furnish to them schools and instruction in mechanical and agricultural arts as provided for by the treaty of 1868. Also to provide the said Indians with subsistence consisting of a ration for each individual of a pound and a half of beef (or in lieu thereof, one-half pound of bacon), one-half pound of fiour, and one-half pound of corn; and for every one hundred rations four pounds of coffee, eight pounds of sugar, and three pounds of beans, or in lieu of said articles the equivalent thereof m the dis- cretion of the Commissioner of Indian Affairs. Such rations, or so mulch thereof as may be necessary, shall be continued until the Indians are able to support themselves. Rations shall in all cases be issued to the head of each separate family ; and whenever schools shall have been provided by the Govern- ment for said Indians no rations shall be issued for children between the ages of six and fourteen years (the sick and infirm excepted) unless such children shall regularly attend school. Whenever the said Indians shall be located upon lands which are suitable for cultivation, rations shall be issued only to the persons and families of those persons who labor (the aged, sick, and infirm excepted), and as an incentive to industrious habits the Commissioner of Indian Affairs may provide that such persons be furnished in payment for then labor such other necessary articles as are requisite for civilized lire J-ne Government will aid said Indians as far as possible m finding a maiket tor their surplus productions and in finding employment, and will pui chase sucn surplus, as far as may be required, for supplying food to those Indians, parties to this agreement, who are unable to sustain themselves; and ^i" ''^f^ ,^"^^1°^ Indians, so far ak practicable, in the performance of Government work upon their reservation. Mr. Carter. I notice you have in there some of your industrial pro- ^S. Burke. I note in this analysis of expenditures that a good dea] is being expended for provisions, which, I assume, means tor tlie issue of rations ? 468 INDIAN APPEOPRIATION BILL. Mr. Meritt. Yes, sir ; for old and indigent Indians. Mr. BxJEKE. These Indians are a part of the Sioux Tribe and are supported under the treaty of 1877, under which treaty the Govern- ment in required to support them until such time as they are self- supporting ? Mr. Meritt. Yes, sir. Mr. Burke. We permitted last year an appropriation made allow- ing them to withdraw their portion of trust funds for the purchase of stock, and you also have an item of $50,000 estimated for, which is to enable them to buy additional stock, and your theory is that you can make them self-supporting, and this appropriation may be greatly reduced from year to year ? • Mr. Meritt. That is our our idea. Mr. Burke. I notice an item in this analysis of $15,394.76, the words " care and maintenance of pupils in mission schools." I wish you would explain that item. Mr. Meritt. We have a number of mission schools in the Sioux country. In the decision of the Supreme Court in the case of Quick Bear v. Leupp (210 U. S., p. 50), there is authority to use treaty funds to aid mission schools in the education of Indian children. I will offer for the record a statement showing ' exactly where this $15,394.76 is used, and in what schools, and the numljer of Indian children in those schools, and the cost per capita. The following statement is submitted : The $15,394.76, •' Support of Northern Cheyennes and Arapahos, Montana," was used during 1913 at St. Stephen's Mission Boarding School on the Shoslione Keservation, Wyo., and St. Labre's Mission Boarding School, Tongue River, Mont, the following table showing in detail the amount used at each school, number of pupils, contract price, etc. : ' Number pupils. Per capita. Amount. St. Stephen's , . 95 60 $108 108 $10,260.00 St. Labre's 6,134.76 Total 1 15,394.76 1 At St. Stephen's the contract provided for Arapaho children only, while at St. Labre's there were Northern Cheyfennes only. The Chairman. What is the next item? Mr. Meritt. The next item reads as follows: For the employment of " line riders " along the southern and eastern boundary of the Northern Cheyenne Indian Reservation, in the State of Montana, $1,500. The following justification is offered for the record : Line riders, 'Northern Cheyenne Reservation, Mont. Fiscal year ending June 30, 1914, amount appropriated $1.500 Fiscal year ended June 30, 1913: Amount appropriated 1.500 Amount expended l.'*^ Unexpended balance ^ Analysis of expenditures, salaries, wages, etc., $1,440. The men employed under this appropriation are used along the southeastern line of the Northern Cheyenne Reservation, where there is no fence, and are INDIAX APPKOPEIATION BILL. 469 necessary in order to properly protect the interests of tHe Indians of that feservation. The amount aslved for is the same as that granted in previous years. This is the same amount and the same language as in previous bills. Mr. Carter. What do these line riders do, Mr. Meritt '. Mr. Meeitt. Instead of building a fence, Mr. Carter, we employ them to ride around the lines to keep the cattle back. The Chairman. Now, what is the next one ? Mr. Meeitt. The next reimbursable item is for the purchase of cattle for the Northern Cheyenne Indians. There is hereby appropriated the sum of $50,000 out of anv moneys in the Treasui-y not otherwise appropriated, or so much thereof as may be necessary, to be immediately available, for the purpose of purchasing cattle for the benefit of the Northern Cheyenne Indians : Provided, That said sum shall be expended under conditions to be prescribed by the Secretary of the Interior for its re- payment to the United States on or before June thirtieth, nineteen hundred and twenty-five; and all payments to this fund made on or before June thirtieth, nineteen hundred and twenty-four, are hereby reappropriated for the same purpose as the original fund, and the entire fund, including such repay- ments, shall remain available until June thirtieth, nineteen hundred and twenty- four; and all repayments to the fund hereby created which shall be made subse- quent to June thirtieth, nineteen hundred and twenty-four, shall be covered into the Treasury and shall not be withdrawn or applied except in consequence of a subsequent appropriation made by law. Mr. Chairman, I submit the following justification for this appro- priation : Tongue River statistics. Population of tribe ^ 1,433 Area of reservation, unallotted acres 489,500 Agricultural lands do 33, OOO Grazing lands do 330, OOO Live stock owned by Indians: Horses, 4,000 average value— $35. 00 Mares, 3,000 , do $35. 00 Stallions, large, 100__ do $300. 00 Cattle, 6,500 do $50. CO Bulls, 100 do $80. 00 Grazing permits now rimning. cattle, 5,000, at per head $3. 35 The Tongue River Indians are not yet allotted. The reservation includes a few thousand acres of very good agricultural lands, providing water therefor can be secured. It has been found difficult and expensive, however, to provide water for these lands. As a grazing proposition this reservation is one of the very best within or without the Indian country. The grazing lands carry heavy and nutritious feed ; there is ample stock water of fine quality ; there is good winter protac- titOD and the topography of the country is such that feeding grounds for live stock can be found at about any time in the winter regardless of the storms. The statistics show that the Indians now own about 6,500 head of cattle. These are the increase of a thousand heifers put on the reservation about eight years ago and another thousand put on about four years ago. Since then market cattle to the value of about $150,000 have been sold. This success has been achieved largely by reason of the fact that these cattle, while issued to individual Indians, have been held very largely as a tribal herd, thereby protecting them from surreptitious slaughter and injudicious selling. The female stock Is all preserved for breeding purposes and only the mature(S steers and cuUings put on the market. That very great returns have been achieved and can hereafter be achieved is therefore an established fact. The statistics show that there are now about 5,000 cattle being grazed on this reservation under a lease. This means that outside interests are reaping the profits that might just as well come to the Indians had they capital with whicli to stock their reservation. 470 INDIAN APPBOPEIATION BILL. These statistics show that the Indians own about 7,000 head of horses and mares. Within the last three or four years these Indians, through various lilnds of aids, have purchased about 100 stallions, which are now running on the range with their mares. This number Is not sufficient, hence there is left an unknown number of pony stallions, which should be eliminated as soon as funds can be provided for the purchase of better horses. The purpose of this app'ropriation is to purchase cattle, so fa,r as it will go to place upon the range, consume the grass, and thereby bring to the tribe the profits now going to lessees. The success achieved in the past is such as to assure large profits after the Government has been fully reimbursed for any moneys thus appropriated. It is believed that were it possible to replace all cattle running under lease by those owned by the tribe and by continuing the upbreeding of the horses, that within a comparatively short period the tribe can be made self-supporting and thereby eliminate the appropriation of public funds for their support, ts has been the custom for several years past. Statement of tribal assets and liabilities. Unallotted lands: Acres. Value. Agriculture 33,000 $330,000.00 Grazing 330, 000 1, 735, 714. 00 Timber 70,000 950,000.00 Mineral 40,000 400,000.00 $4, 078, 590. 67 473, 000 3, 415, 714. 00 Timber, board feet, 300,000,000 600,000.00 4, 015, 714. 00 Tribal funds in Treasury June 30, 1913 (Doc. 328, 63d Cong., 2d ses.) 62,876.67 Reimbursable appropriations made to June 30, 1013 $15,000.00 ■Repayments by Indians 13, 074. 83 28, 074. 83 Jilxpended to June 30, 1913 23,061.76 Reimbursable to United States 5,013.07 Surplus 4, 073, 577. 60 Entire reservation unallotted. No legislation pending to allot. The Chairman. How much per annum do you get per head for grazing ? Mr. Meeitt. About $3, I believe. Mr. Davis. We are getting $3.35 per head for grazing privileges. Mr. Sells. That is a condition that V7e are hoping to develop uni- versally. We have recently sold a carload of white-faced cattle which topped the Chicago market. The Chairman. I believe this is a new appropriation, is it not? Mr. Meritt. Yes, sir. The Chairman. Has it been asked for before ? Mr. Meritt. No, sir ; it is a new reimbursable appropriation. The Chairman. The reason that you have just read is a justifica- tion for this item ? Mr. Meritt. Yes, sir. The Chairman. Have these Indians any funds- in the Treasury now to their credit? Mr. Meritt. They have some funds to their credit. The Chairman. Can you approximate the amount \ Mr. Meritt. They have $149,000 to their credit. The Chairman. Now, can't that be used for this purpose 1 INDIAN APPROPRIATION BILL. 471 Mr. Meritt. No, sir; it can not under existing law. The Chairman. What other property have they out of which ihe money could be raised; for instance, the sale of surplus lands and timber ? Mr. Meritt. They have some very valuable lands on this reserva- tion, but it would be only a question of a few years until the increase from the stock purchased would more than reimburse the Govern- ment for this loan. The Chairman. There is no question but that the loan would be repaid to the Government? Mr. Meritt. Not the slightest question. The Chairman. Within what time would it be repaid ? Mr. Meritt. Under the terms of the item the Indians would have the use of the money until June 30, 1924. Mr. Carter. I see you say you have 489,500 acres of land unal- lotted? Mr. Meritt. Yes ; this reservation is not allotted. Mr. Carter. And you have 33,000 acres of agricultural lands and 1,430 Indians. That would make about, counting 5 persons to the family, about 110 acres of agricultural land and about 1,500 acres of grazing land to the family. Mr. Meritt. Yes, sir. Mr. Carter. What is the purpose of the bill, with relation to that? To have them keep all of that land or dispose of a part of it? Mr. Meritt. I do not know that the commissioner has made up his mind as to exactly the policy he will pursue on this reservation, but it is a grazing proposition, and I think it would be inadvisable to allot this grazing land at this time. Mr. Carter. Well, why would it be inadvisable? Mr. Meritt. Because we could run tribal herds on this reservation to great advantage. Mr. Carter. Do you not think it would be a good plan to allot the agricultural land? Mr. Meritt. I think it would. The Indians should have agri- cultural lands for their homes, but the grazing lands should be treated as a tribal proposition for the raising of cattle. Mr. Carter. Do you not think it would be better for each Indian to own his own part of the stock, rather than to have it a tribal matter ? Mr. Meritt. I think it would ultimately ; yes, sir. Mr. Carter. You think it would ultimately, but you do not think it would be better now? Mr. Meritt. That is a question of policy that I prefer the com- missioner to answer. Mr. Carter. Now, with reference to the grazing lands, Mr. Meritt, you do not think that should be either allotted or any part of it sold now? Mr. Meritt. It is better at this time to treat the grazing land as a tribal proposition, so that each Indian will get his pro rata share of the benefits of that valuable grazing land. Mr. Carter. But you think that ultimately that land must be sold ? 472 INDIAN APPEOPEIATION BILL. f Mr. Meeitt. I think that ultimately it must be divided up, and if there is any surplus land it should be sold. Mr. Caetee. And if they are not sold there is not much chance for the appropriation being reimbursed ? Mr. Meeitt. There is no question about the appropriation being reimbursed. I would venture to say that this will be a 25 per cent profit investment as a business proposition. Mr. Caetee. You mean reimbursable out of the profits of the busi- ness? Mr. Meeitt. Yes ; there is not the slightest question about it being reimbursed. The land in this reservation is probably the best grazing land in the United States. • Mr. Caetee. If you stock those 456,000 acres of land pretty fully, and all that property eventually goes to the Indians, you will have some pretty wealthy Indians when you get through ? Mr. Meeitt. Yes ; and they will be self-supporting Indians. Mr. BuKKE. The Northern Cheyennes were formerly a part of the Sioux Tribe of Indians in the Dakotas, were they not? Mr. Mekitt. Yes, sir. Mr. BuEKE. An appropriation has been made for their civilization and support under the treaty of 1877, which was the Black Hills treaty. Mr. Meeitt. Yes, sir. Mr. BuEKE. We are now making an annual appropriation of $85,000 for their support. Mr. Meeitt. Yes, sir. Mr. Burke. In the last Indian appropriation bill we provided that the portion of the trust fund in the Treasury belonging to the Sioux, that belonged to these Indians, should be expended under the direc- tion and discretion of the Secretary of the Interior for the purchase of stock cattle on this reservation, did we not ? Mr. Meeitt. There was an item in the bill providing for that. Mr. Btteke. Has anything been done looking to the expenditure of that amount ? Mr. Meeitt. We are getting ready to purchase cattle to be de- livered in the spring. It would be inadvisable to make delivery at this time of the year. Mr. BuEKB. About how many cattle do you suppose you could pur- chase for $50,000 ? _ Mr. Meeitt. Mr. Davis can probably give you more exact informa- tion on that than I could. Mr. Davis. What we need to purchase would probably be 2-year- old heifers and the proper complement of bulls. The price would range between $40 and $45 per head for heifers and $90 for bulls. Mr. BtTRKE. What do you estimate would be a reasonable amount to expect annually from such a herd as you would purchase? I do not mean the first year, but after they were matured; how much would you expect to get annually from the investment? Can you give us any idea? Mr. Davis. On that reservation we would get, under ordinary conditions, about 80 per cent calf crop. These calves would be worth when 1 year old about $30 per head, at 2 years old they jvould INDIAN APPEOPEIATION BILL. 473 be worth about $45 to $50 per head, and when they are 3 or 4 years old the steers, on the Chicago market, would bring about $90 to $120 per head. Cows 3 years old in proper condition would be worth $60 per head. That will give you the range of prices to be derived from this cattle business. Mr. Burke. There has been much said about the industry of these Indians and what they are accomplishing, and while it will be dis- cussed in another part of the bill, I am impressed somewhat with an expenditure here that ought to be corrected to keep the administra- tion up with the progress that you say the Indians are making. There was expended for these Indians last year for their support and civilization $149,246.44, and $54,326.63 was expended for salaries. Is not that rather extravagant administration? This is House Docu- ment 328, Sixty-third Congress, second session, page 6. Mr. Meritt. I think I can say that includes a great many things outside of ordinary administration. We are doing quite a logging business there. Mr. Btjeke. This is itemized under the heading " Salaries of em- ployees." Does that include any school employees? Mr. Davis. It does include school employees. Mr. Meeitt. We will be glad to give you a detailed statement. The information requested is as follows : Statement of salaries paid at Tongue River superintendency during the fiscal year 1913. Support of northern Cheyenne and Arapahoes, Montana, 1913 $8, 892. 82 Pay of Indian police, 1913 2, 991. 99 Pay of interpreters, 1913 40. 00 Pay of judges, Indian courts, 1913 245. 00 Line riders, northern Cheyenne Reservation, Montana, 1913 1, 440. 00 Indian moneys, proceeds of labor 15, 398. 40 Miscellaneous receipts, class 4 290. 75 Industrial work and care of timber, 1913 : , Farmers, stockmen, etc 2, 693. 34 Timber employees 2,169. 54 Matrons 720. 00 Individual Indian money ^ 2, 313. 01 Miscellaneous receipts, class 2 1, 286. 67 Relieving distress and prevention of disease among Indians, 1913 723. 66 Total 39, 205. 18 BOARDING SCHOOL. Indian school support, 1913 $8,356.31 Indian moneys, proceeds of labor 540. 27 Miscellaneous receipts, class 4 309.00 Total 9, 205. 58 DAY SCHOOL. Indian school support, 1913 $1,868.87 Miscellaneous receipts, class 4 6.00 Total 1, 874. 87 474 INDIAN APPROPBIATION BILL. IRRIGATION. Indian money, proceeds of labor $4,041.00 RECAPITULATION. Agency $39,205.18 Boarding schoo] 9,205.58 Day school 1,874.87 Irrigation 4, 041. 00 Total 54, 326. 63 Mr. Burke. That will come in under your justification for the a_p- propriation or estimate for $85,000 I presume that you are asking for the support and civilization of these Indians. I presume your justification will cover it. It occurs to me that that is a pretty large proportion to be expended for salaries of employees among a lot of Indians that are as thrifty as you say these are. Mr. Meeitt. That impresses me as being large, too, but it may cover other particulars, such as timber operations and irrigation work. Mr. Burke. You have an appropriation of $15,000 for these Indians, for the purpose of encouraging industry^ haven't you ? Mr. Mekitt. That is a small revolving appropiation. Mr. Burke. The report as to how it has been expended and how much has been repaid will appear in House Document No. 294, of the Sixty -third Congress, second session, will it not ? Mr. Meiutt. Yes, sir. The Chairman. What is the next item you desire to take up? Mr. Meritt. An item for an appropriation of $100,000, reim- bursable, for the Fort Peck Indians. There is hereby appropriated the sum of $100,000, to be immediately avail- able and to remain available until expended, and the Secretary of the Interior is authorized to use this money, or so much thereof as may be necessary, under such regulations as he may prescribe, for the promotion of civilization and self-support among the Indians residing and having tribal rights on the Fort Peck Reservation, Jlontana, the said sum to be expended in the purchase of live stock, seed, vehicles, harness, machinery, tools, implements, and othev agricultural equipment; for the construction of houses for said Indians, and for such other purposes as the Secretary of the Interior may deem proper In promoting their civilization and self-support : Provided, That said sum shall be expended under conditions to be prescribed by the Secretary of the Interioi' for its repayment to the United States on or before June thirtieth, nineteen hundred and twenty-five, and ail ■ repayments to this fund made on or before .Tune thirtieth, nineteen hundred and twenty-four, are hereby reappropriated for the same purpose as the original fund, and the entire fund, including sncb repayments, shall remain available until June thirtieth, nineteen hundred and twenty-four; and all repayments to the fund hereby created which shall be made subsequent to June thirtieth, nineteen hundred and twenty-four, shall be covered into the Treasury and shall not be withdrawn or applied except in consequence of a subsequent appropriation made by law. The following justification is submitted for this item : Statistical information. Indian population 1- 857 Acreage of reservation area 1,774.967 Acreage of agricultural land : Irrigable 142,000 Nonirrigable 627,668 Acreage of grazing land 1,171,582 INDIAN APPEOPEIATION BILL. 475 Acreage allotted land : Irrigable 71, OOO Nonlrrigable 212, 000 Grazing 424, 800 Timber 15, S93 723, 693 Acreage under ditch, about 12,000 Acreage cultivated by Indians 10,000 Irrigated, about 600 Not irrigated, about 94,000 live stock : Horses 1, 620 Mares , 1, 750 Stallions ^^ 28 Cows and heifers 1, 920 Bulls , 27 Steers 463 Sheep None. The Indians of this reservation in thfeir primitive state were hunters and of more recent years have been stockmen. They have recently been allotted, and the surplus lands of the reservation are now being opened to homestead settle- ment. In preparation for the change that must necessarily come to them through this opening they have for the last three or four years begun farming. During the year 1911 they cultivated 2,733 acres; in 1912, 8,346 acres; and in 1913, about 10,000 acres. It will be noted that during the last year they cultivated only about 600 acres of their lands under irrigation. This was the first year they had used water for irrigation purposes, and for the want of farm experience and for the more important needs of tools and appliances the amount was necessarily small. The purpose of this appropriation is to provide a fund whereby the Indians can be supplied with the necessary teams, implements, building material, fences, etc., to enable them to establish homes on their allotted lands, erect houses, build fences, put in wells, and begin the cultivation of the soil. It will be noted that they have 3,370 horses and mares of all ages. These would be hardly sufficient to furnish one work animal to the individual of population even should all these be of suitable size and character to make work horses. As a matter of fact, only a minor portion of them are of such grade as can be used for farm purposes, consequently one of the first essentials Is to provide one or more work teams for each able-bodied head of family. Inasmuch as they have heretofore done but very little farming, they now possess but a very limited supply of farming implements, building tools, etc., and only a limited number now have houses and barns adequate for home pur- poses. A few farm implements have been furnished them the last year or two, but as yet the supply is very inadequate. Some of the families will establish their permanent homes on irrigated lands, but a considerable portion will inake their homes on lands suited for dry farm- ing Those living on irri.sated lands will have to be supplied with implements and tools of a proper character to operate these lands, and likewise those at- tempting dry farming will need implements suited to that character of work. In some instances the Indians will want to fence their grazing lands and put stock thereon to operate in connection with their agricultural pursuits. At present the supply of live stock is entirely inadequate to utilize all of their lands, and the greater number of families now have nothing more than a few ponies. The purpose of this appropriation is to supply these several needs as far as possible, with a view of rendering the several families self-supporting in their individual capacities, in so far as it is possible to accomplish such. There has already been expended about $200,000 of money, reimbursable from tribal funds, in the construction of irrigation systems, and it is proposed that still further sums will be thus used in the future. Unless these Indians are provided with teams, implements, etc., to utilize these lands, it will be a manifest injustice to the tribe to thus use such large sums of their money, which they would be unable to profitably use. 476 INDIAN APPEOPBIATION BILL. Statement of tribal assets and liaMUties. Unallotted lands : Acres. value. Agricultural 486,668 $3,063,189.00 Grazing 737,182 2,074,820.00 Mineral 119, 559 1, 793, 388. 00 1, 343, 409 6, 931, ^7. 00 Tribal funds in Treasury June 30, 1913, "-'■'■ (Doc. 328, 63d Cong., 2d sess.) ' 11,792.43 $6, 943, 189.43 Reimbursable appropriations made to June 30, 1912 , $350,000 Expended to June 30, 1912 343, 551. 03 Reimbursed to United States 133,099.00 • Reimbursable to United States 210,452.03 Surplus _ 6,732,737.40 Allotted under act of May 30, 1908 (35 Stat, 558). All Indians allotted. Timber on this reservation Is suited only for firewood and rough work. The difference between this item and the Northern Cheyenne item is this: Instead of this reservation being a grazing proposition, wholly, it is a farming proposition to a large extent. These Indians have recently been allotted land, and the Government is expending large sums of money on an irrigation project, and we need this reim- bursable appropriation so as to get these Indians started industrially on their allotments. The Chairman. Is there any question but that this money will be reimbursed ? Mr. Meeitt. They have surplus lands to reimburse this appropria- tion if it is given. They will ultimately receive more than $1,000,0()0 for their surplus lands. Mr. BmRKE. I want to ask a few questions on that Tongue Kiver proposition. These Indians are not allotted, are they? Mr. Meeitt. No, sir. Mr. BuEKB. And the plan contemplated is to allow them to retain this reservation and have the benefit of it without allotting the indi- vidual Indians and having the surplus lands disposed of? Mr. Meeitt. That is the present intention. The appropriation for the Tongue Eiver Indians is to enable the Indians on that reservation to get the benefit of their valuable grazing lands, rather than to have white lessees bring cattle on the reservation and make 25 per cent profit off the Indians' property. Mr. Burke. If we make this $50,000 appropriation, how long would it be, if ever, before the Government would be relieved of the annual $85,000 appropriation that we are making each year for sup- port and civilization? Mr. Meeitt. I think that within five years the reservation could be made absolutely self-supporting. Mr. Burke. So that we would not have to make any further appro- priations for their support and civilization ? Mr. Meritt. I think so. If it is handled as a business proposition, that reservation can be made approximately self-supporting. That same -condition applies to a number of other reservations. The Chairman. What is the next item? INDIAN" APPEOPBIATION BILL. 477 Mr. Meeitt. The next item is for the purchase of implements, live stock, etc., for the Blackfeet Indians, $100,000. There is hereby appropriated the sum of $100,000, to be immediately avail- able and to remain available until expended, and the Secretary of the Interior is authorized to use this money, or so much thereof as may be necessary, under such regulations as he may prescribe, for the promotion of civilization and self-support among the Indians residing and having tribal rights on the Blact- feet Keservatlon, Montana ; the said sum to be expended in the purchase of live stock, seed, vehicles, harness, machinery, tools, implements, and other agricultural equipment; for the construction of houses for said Indians; and for such other purposes as the Secretary of the Interior may deem proper in promoting their civilization and self-support: Provided, That said sum shall be expended under conditions to be prescribed by the Secretary of the Interior for its repayment to the United States on or before June thirtieth, nineteen hundred and twenty-five, and all repayments to this fund made on or before June thirtieth, nineteen hundred and twenty-four, are hereby reappropriated for the same purpose as the original fund, and the entire fund, including such repayments, shall remain available until June thirtieth, nineteen hundred and twenty-four; and all repayments to the fund hereby created which shall be made subsequent to June thirtieth, nineteen hundred and twenty-four, shall be covered into the Treasury and shall not be withdrawn or applied except in consequence of a subsequent appropriation made by law. This is the same kind of an industrial appropriation, only we have a little different justification, which I will read. The following justification is submitted in support of this item. Blackfeet Reservation, Mont. Indian population 2, 842 Acreage of reservation area 1,503,450 Acreage of agricultural land 644,406 Acreage of grazing land 814,454 Acreage allotted lands 881, 288 Acreage under irrigation projects 133,000 Indian allotments $40, OOO For homestead lands $93,000 Acreage cultivated by Indians 5,000 Live stock : Horses 2, 000 Mares 4,000 Stallions 100 Cows and heifers 7,200 Bulls 106 Steers 4,800 Sheep 3, 600 About $600,000 has been expended on irrigation projects on this reservation, and still further funds will be required to complete them. These funds are re- imbursable from the future sale of tribal lands. It will be noted from the statistics that these projects cover about 133,000 acres, 40,000 of which are allotted to Indians, and the remainder, 93,000, is to be opened to homestead settlement. Under present legislation all future resources of the tribe are hypothecated for the reclaiming of the allotted lands and future homestead lands until there is nothing on hand or in sight to develop the Indians industrially and enable them to occupy and utilize the lands allotted to them. Not being agriculturists by former customs and habits, they are not provided with proper work teams, implements, seed, material for building houses, etc., and are consequently wholly unable to go upon their allotted lands, either irrigated or otherwise, make homes thereon, and cultivate them for their support. This reservation offers one of the finest live-stock opportunities still left, and even after the surplus lands are opened to homestead settlement the Indians will, many of them, depend upon the' live-stock industry for their support. In 478 INDIAN APPBOPEIATION BILL. about 6,000 head of horses, 12,000 head of cattle, and 3,600 head of sheep. Th: is a fairly good supply under ordinary conditions for a tribe of this size, but is by no means as much as the Indians could and should own with a view t consuming the grass on their reservation and what their allotments will pri duce in the future. This appropriation is asked for for the purpose of enabling such Indians a can and should build homes on their allotments and cultivate them for suppoi to do so, and to aid such as have taken grazing lands for their allotments t provide themselves with the necessary live stock to operate them profitably fo their support. The irrigated lands are all fine soil, well adapted to the growth of alfalf and timothy for forage purposes, to. small grains, and all hardy vegetables fo subsistence of the Indians. These Indians are said to be good workers, am there is every reason to believe that with funds sufficient to provide them wit building material, implements, etc.. to occupy and cultivate their allotmeSti and with live stock to consume their surplus grass, that they should become prof perous and fully self-supporting. Statement of trihal assets and UaMUties. Unallotted lands : Acres. Value. Agricultural 575,406 $2,877,029.00 Timber 44,214 497,408.00 Mineral 300 6,000.00 619, 920 3, 480, 437. 00 Timber, board feet 221,070.65 3, 701, 507. 65 Tribal funds in Treasurv June 30, 1933 (see Docu- ment 328, 63d Cong., 2d sess.) 295,442.87 $3,996,950.5; Reimbursable appropriations made up to June 30, 1912 $828,000 Expended to June 30, 1912 621,539.30 Reimbursed to United States 65.000.00 Reimbursable to United States 556, 539. 3( Surplus 3,440,411.2! All allotments completed. Allotted under act of Mar. 1, 1907 (34 Stat, 1035) Mr. Sells. I would be glad, if it is your pleasure, if Mr. Davis would tell you a little something here as to the success of the reim- bursable appropriation for Tongue River that was referred to here. Mr. Burke. I called attention to it as being in this document, and if he has anything further to offer we will be glad to hear it. The Chairman. I suppose we would get it in the justification foi Tongue Eiver, but we will be glad to hear his statement. Mr. Davis. The success of the plan here simply shows the opera- tion of these things after we get them systematized and running This was the first appropriation of this kind that Congress made, ii 1910, amounting to $15,000, and there has . been repaid on thai $13,074.83. That is being used again. Mr. Burke. That appears in the House document that I called attention to. The Chairman. What is the next item? Mr. Meritt. The next item is for an appropriation of $100,000 foi the Flathead Indians, a reimbursable item, reading exactly as th( other industrial reimbursable items : INDIAN APPEOPRIATION BILL. 479 is authorized to use this money, or so much thereof as may be necessary, under such regulations as he may prescribe, for the promotion of civilization-and self- support among the Indians residing and having tribal rights on the Flathead Reservation, Montana, the said sum to be expended in the purchase of live stock, seed, vehicles, harness, machinery, tools, implements, and other agricul- tural equipment, for the construction of houses for said Indians, and for such other purposes as the Secretary of the Interior may deem proper in promoting their civilization and self-support : Provided, That said sum shall be expended under conditions to be prescribed by the Secretary of the Interior for its re- payment to the United States on or before June thirtieth, nineteen hundred and twenty-five; and all repayments to this fund made on or before June thirtieth, nineteen hundred and twenty-four, are hereby reappropriated for the same pur- pose as the original fund, and the entire fund, including such repayments, shall remain available until June thirtieth, nineteen hundred and twenty-four ; and all payments to the fund hereby CTeated which shall be made subsequent to June thirtieth, nineteen hundred and twenty-four, shall be covered into the Treasury and shall not be withdrawn or applied except in consequence of a subsequent appropriation made by law. We offer the following justification for this item: Indian population 2,311 Acreage of reservation area 228, 227 Acreage of agricultural land 170, 227 .Acreage of grazing land 58,000 Acreage allotted lands 228,146 Acreage under ditch 38, 000 Acreage cultivated by Indians 31, 479 Irrigated 4, 882 Not Irrigated 26, 597 Live stoclj : Horses, all kinds 6, 000 Cattle, of all kinds 26,000 Sheep None. The Flathead Indian Reservation has been allotted and the surplus lands opened to homestead settlement. The proceeds from the sale of these lands have been hypothecated through previous legislation for the purpose of con- structing irrigation systems to such an extent that it will take probably a number of years for sufHcient moneys to be paid in to reimburse the amount already expended on irrigation projects, which is now about $600,000. This leaves no tribal funds available whereby to aid the Indians Industrially and nothing In prospect until after the Government is reimbursed for the amount expended on irrigation. For want of funds to provide the Indians with proper work teams, imple- ments, seed, material for building houses, fences, etc., it is virtually impossible to establish the Indians on their allotments and enable them to make perma- nent homes thereon and cultivate them for their self-support. It will be noted that of the 280,146 acres allotted, about 38,000 acres are now under ditch. As the allotments were made prior to the construction of these irrigation projects, it follows that many of the Indians have only grazing and dry farming lands. To enable such as have grazing lands only to properly utilize them for their self-support, it is necessary to furnish them with sufficient live stock to con- sume Oie grass on their allotments. This appropriation is asked for for the purpose of furnishing the Indian allottees with funds to enable them to establish themselves on their allotments, cultivate such as are suited for agricultural purposes, and to stock those which are suited only for grazing purposes. It is in this way only that the allot- ments given the Indian can be made to contribute to tbeir self-support. • On this reservation are found a number of quite well-to-do mixed bloods who own considerable live stock and some of whom have large farms opened up. This accounts in the main for the acreage now under cultivation and tor the amount of live stock owned by the Indians as shown by the statistics herewith. 480 INDIAN" APPEOPRIATION BILL. Flathead Reservation. STATEMENT OF TEIBAL ASSFT8 AND LIABILITIES. Unallotted lands : A<,i-os. Valne. Agricultural 909,660 $4,488,710.00 Graziug (unknown). Timber . 2<]|5, 004 4,887,507.00 Mineral (Camas Hot Springs)— 155 19,493.00 1, 114, 819 9, 395, 710. 00 Timber, board feet, 1,491,771,450 4,475,314.00 13, 871, 024. 00 Tribal funds in Treasury, June 30, 1913 (Doc. 328, 63d Cong., 2d sess.) 58,953.15 $13, 929, 977. 15 Eelmbursable appropriations made to June 30, 1912 $1,161,557 Expended to June 30, 1912 996, 120. 55 Reimbursed to United States 417,013.25 Reimbursable to United States 579,107.80 Surplus 13, 350, 869. 85 All allotments completed. Allotted under the act of April 23, 1904 (33 Stat h., 302). The Chairman. Is.it true that the full bloods are not making advance along the lines indicated that the mixed bloods are? Mr. Meeitt. Yes, sir. The Government has expended a large amount of money for an irrigation project, and the Indians are not in a financial position where they can get the benefits of this project. If they get this reimbursable appropriation, they can go on these lands and farm their allotments and become self-supporting. The Chairman. I see that a good deal of this money is being expended for the purchase of implements and supplies for the Indians to enable them to improve their allotments. There are two or three other lump appropriations in the bill along that same line. Do you use any of them for this purpose? Mr. Meritt. There is no other appropriation available that we could use for this purpose. The Chairman. What is the next item? Mr. Meritt. The next item is as follows: For the support and civilization of Rocky Boy's Band of Chippewas, and other indigent and homeless Indians in the State of Montana, including pay of employees, $10,000. We offer for the record the following justification of that item: There are approximately 500 homeless, wandering Indians in Montana, about 250 of whom claim membership with Rocky Boy's band. Investigations con- ducted during the past year indicate that a suitable site in Montana may be obtained to provide a reservation for these Indians. The sum of $10,000 will be required to provide the necessary employees and for expenses in connection with the administration of a reservation for these Indians when established. Although many of the Indians belonging to this band are understood to belong to the Oree Tribe, the people in the State of Montana bring the condition of these Indians to the attention of the department in such manner that it is INDIAN APPKOPKIATION BILL. 481 absolutely necessary for it to take steps to provicle for their needs during the winter months. No allotments in severalty have been made .to members of this band. Arrange- ments were made a few years ago to locate them on the Blackfeet Reservation but the land designated for them there is imsuitable for agricultural purposes' and owing to the high altitude and severe winters it is impossible for these Indians to make a living from those lands. Bills have been pending with a view of providing a reservation for these Indians elsewhere. We have trouble ^Yith these Indians each winter, and the office is bombarded with telegrams requesting aid for them. We have plans now under way and hope to locate them on permanent lands. The Chairman. It seems to me that these nomadic Indians are part of the time in Canada, and there has been some question before this committee for several years in reference to these same Indians, as to whether or not the United States Government should take them and take care of them. The proof is against the fact that they are citizens of the United States. Mr. Mekitt. Part of the land in the Blackfeet Eeservation was set aside for these Indians about two years ago, but the Indians would not remain on the land. They prefer to loaf around the towns in Montana, and the people of those communities are insist- ing that some permanent provision be made for them. The Chairman. Do you not thinlt it is bad policy when we set apart a reservation for them and they refuse to occupy it to let them have their way and expend the Government's money for an indefi- nite period to take care of them, when they will not obey the agent? Mr. Meritt. It is a rather complicated administrative problem, Mr. Chairman, and the commissioner is now trying to solve it. Those Indians have caused a great deal of trouble in the past few years, and the citizens of Montana insist that the Government do something for them. They hang around the towns and become a nuisance to the citizens. The Chairman. The same thing might be true about Japanese and Chinese and some Americans, and why should not the State of Mon- tana care for those people themselves ? How many of this band are there? Mr. Meritt. About 500 altogether. The Chahjman. And how many refused to remain on the reser- vation ? Mr. Meritt. They are led around by Eocky Boy. He seems to be able to control them. The Chairman. It is now 12.30, gentlemen, and we will adjourn until 10 o'clock to-morrow morning. Mr. Burke. What is the next item ? Mr. Meritt. The next item reads as follows : For constructing, equipping, and maintaining a hospital on the Blackfeet Reservation, Mont., for the use and benefit of the Blackfeet and such other Indians as the Commissioner of Indian Affairs may designate, $25,000. In support of this item the following justification is submitted : The following are the vital statistics and statistics showing the prevalence of diseases for the Blackfeet Reservation and for the entire number of Indians in the State of Montana, respectively : 24455—14 31 482 INDIAN APPEOPEIATION BILL. Entire Indian popula- tion, Population Births during year , Birth rate per 1,000 Deaths during year Death rate per 1,000 Deaths under 3 years Deaths due to ti'iberculosis during year. Deaths due to tuberculosis per 1,000 Sousing. Black- feet State. tion. 513 2.752 100 394 500 2,740 1,102 4,727 498 1,366 503 1,822 450 2,011 Families living in perm anent houses Families living in tents or tepees Families living in houses having floors Indians examined for disease Cases of tuberculosis found Estimated number all forms of tuberculosis Cases of trachoma found Dr. White, of the I'ublic Health Service, In his report In Senate Document 1038, states that among 2,042 ludiRiis inspected for tuberculosis in Montana there were 247 cases found, or 12.14 per cent. The individual percentages on the reservation were reported to be — Per cent. Flathead 19.00 Crow 15.38 Fort Peck 13. 57 Blackfeet 10. 34 Dr. White also reports that of the 435 Indians examined on the Blackfeet Keservation there were found 88 cases of trachoma, or a percentage of 20.23. Dr. Harrison, of the Indian Service, examined 967 Indians on the Blackfeet Reservation and found 235 cases, or a percentage of 24 per cent. The only hospital facilities for the treatment of Indians in Montana consists of two school hospitals, one on the Crow Reservation, with a capacity of 6 patients, and the other on the Fort Peck Reservation, with a capacity of 5 patients, making a total of 11 capacity for the entire State. These hospitals are en- tirely inadequate for the treatment of the large number of diseased Indians on the Blackfeet Reservation as well as on the remainder of the reservation? in the State of Montana. The above statistics show that there are actually known to be present 49& cases of tuberculosis on the Blackfeet Reservation and that there were during the fiscal year 1913, 17 deaths caused by this disease and no adequate place where the Indians could receive proper treatment. The death rate per 1,000 from tuberculosis on the Blackfeet Reservation is 6. Comparing this witb the death rate among other races we find that the death rale among whites is 1.73 per 1,000, among negroes 4.85 per 1,000 ; or, in other words, the death rate from tuberculosis on the Blackfeet Reservation is three and one-half times as great as it is among whites in the registration area of the United States. These statistics show the urgent need for some provisions for the treatment of the numerous cases of tuberculosis and trachoma in this State. Mr. Btjeke. Have you anything further to state in justification of this item other than what you have just read? Mr. Meeitt. Nothing, except to state that we are without liospitfti facilities on this reservation. There are almost 3,000 Indians resid- ing on this reservation. This reservation is in a very cold climate, INDIAN APPEOPKIATION BILL. 483 having a number of Indians who are old and diseased and who are in serious need of the attention of the Government, and this will enable the office to provide for the needs of those Indians. Mr. BuKKE. Have these Indians any funds to their credit from ■which the expense of establishing this institution might be paid ? Mr. Meritt. They have certain funds to their credit, but the funds are not available for this purpose. Mr. BuEKE. Have they any land or other resources from which they may later receive funds ? Mr. Meritt. Yes, sir ; they have surplus land and valuable allot- ments and some timber, but we hope to use those resources in get- ting these Indians started industrially. We thought that we would be justified in asking for a gratuity appropriation for this hospital. Mr. BuEKE. Don't you think that this money could be very prop- erly expended out of tribal funds for the purpose of maintaining hospitals for the treatment of disease and that you could justify it for that purpose as well as any other purpose for which money could be expended on that line ? Mr. Meeitt. Yes, sir;_ I think that where Indians have funds or resources that we could justify using those resources in constructing hospitals on their reservations, and if the committee sees proper to make this a reimbursable item, the office will gladly acquiesce. Mr. Burke. The Interior Department, being charged with the re- sponsibility of bringing about the civilization of the Indians and being responsible for their general welfare, don't you believe, as a general proposition, that wherever it can be done without violating any treaty obligations, it is better to use their money for their benefit than to pay it out to them in cash? Mr. Meritt. I do. It is helpful to the Indians, because it teaches them that they must eventually pay as they go, the same as white men. The Chairman. What is the next item, Mr. Meritt ? Mr. Meritt. The next item reads : " For support and education of 375 Indian pupils at the Indian school at Genoa, Nebr., and for pay ,of superintendent, $62,300; for general repairs and improvements, $7,500; for new laundry building and equipment, $7,500; for repairs and addition to hospital, $6,000 ; dairy barn, $5,000 ; in all, $88,300." We offer for the record the following justification : Indian snliool, Genoa, Nehr. Fiscal year ending June 30, 1914, amount appropriated $~2. :J00. 00 Fiscal year ended June 30, 1913 : Amount appropriated 5S, 300. 00 Amount expended — ^ 55, 033. 87 Unexpended balance 3. 066. 13 ANALYSIS OF EXPENDITURES. Salaries, wages, etc $2.3, 9"0. 64 Traveling expenses 151- 21 Telegraph and telephone service 135. 84 Heat, light, and power (service) 40.60 Miscellaneous material 928. 56 Stationery 26.71 S'uel 3,008.73 484 INDIAiC APPEOPEIATION BILL. Cleaning and toilet supplies $579.71 Wearing apparel 6, 667.23 Forage 108. 11 Provisions 8,930.05 Equipment 5, 353. 97 ©onstruction and repairs 4,398.03 Medical supplies 353. 32 Miscellaneous 293.54 55, 038.87 Also $40,000 in 1912 act and $10,000 in 1913 ;ict for building. $17,884.43 of ^hieh was used during the year. Statistical xfatement for year cncliiiff June 30, 1913. Value of school plant $196,790 Number of buildings 32 Number of employees 33 Total salaries $24, 640 Average attendance of pupils 313.2 Enrollment 415 Capacity 375 Oost per capita $162 Area of school lands acres__ 320 Value of products of school .$14,740 superintendent's estimate of needs for 1915. Support and salary of superintendent $68,985 Kepairs and improvements 11,000 New buildings 15, 000 Repair and addition to hospital 6,300 Total 101,285 rNDIAN SCHOOL, GENOA, NEER., 101.5 — AMOUNT REQUESTED IN PRQPOlSlCn BILL. Support of 375 pupils and superintendent's salary ,$62,300 Kepairs and improvements 7,500 New buildings and equipment 12,500 Repairs and addition to hospital 6,000 Total 88,300 The Genoa school plant was formerly the Pawnee Agency and many of the l!>.tiildings consequently are not well adapted for school purposes. A large mim- 6er of the buildings need extensive repairs. The girls' dormitory must soon receive considerable repairs or else; in a short while estimates for a new building will have to be submitted. This building needs new floors and new plastering almost throughout. It also needs sleeping pbrches. Its walls and chimneys need repairing, for they show large cracks which require new bricks for pointing up where the old ones are broken. The building containing the dining hall, kitchen, and gymnasium needs new flastering, repairs to roof, down .spouts, some new flooring, and painting. The diflrerent buildings occupied by employees need repairs, as new roofs, flooring, repairs to walks, construction of closets, and the installing of a steam beating system. The office' building needs slight repairs and enlargement. This school, being located in a farming and dairy country, should have facilities to teach dairying. The care of milk and its products is very essential to good health and the best of facilities should be inaintaiued at a school where dairying is one of the principal courses of Instruction. A dairy barn is very badly needed to carry on this work in a sanitary manner. The laundry and bakery are now, and have been for many years, located in the old agency powerhouse. The laundry is located on the second floor, reached INDIAN APPROPEIATIOX BILL. 485 by II narrow stairway, and everything about it is very inconvenient and un- satisfactory. Ttie washers overflow witli water, steam pipes and cold-water pipes will leak occasionally, all of which flood the floor and the department underneath. Owing to the inconvenience none of the clothes are ever put on a sun line. A laundry building, one story high, is badly needed in order to cor- rect the bad condition existing; besides the space now occupied by the laundry is needed for a commissary, as the present one is entirely too small to accom- modate the supplies that are to be housed. The hospital is an old building that needs extensive repairs and additional room so that the work of caring for the sick can be done in satisfactory and commendable manner. Sleeping porches should be added in order to care for special classes of patients. This is a nonreservation boarding school located on 320 acres of land formerly within the old Pawnee Reservation. There is no existing reservation under the supervision of this school and no Indian population other than the pupils at the school. Salary list in effect Dec. 20. 1913. [Payable fiom " Indian School, Genoa, Nebr., 1914."] Capacity Enrollment - Average 346 415 313 Salaries : Superintendent $2,000 Clerk _ Assistant clerk . Do Physician Disciplinarian- ,000 720 780 660 840 Principal teacher 1, 000 720 690 660 630 600 600 720 600 540 Teacher. Do Do Do Do Do ilatron Assistant matron . Do Salaries — Continued. Teacher of housekeepings- $720 Nurse 720 Seamstress 600 Laundress 500 Baker 540 Cook 600 Assistant cook 500 Farmer 1,000 Cai-penter 780 Tailor 900 Shoe and harness maker 780 Blacksmith 780 Gardener 780 Dairyman 780 Engineer 1, 000 Assistant engineer 800 Laborer 720 Assistant 300 25, 560 The Chairman. I notice, Mr. Meritt, you show under your justi- fication for item 86 an unexpended balance of $17,844.43 for build- ings last year. How do you account for that ? Mr. Meritt. The justification shows, Mr. Chairman, there was an unexpended balance of $3,066.13, and there has been expended since that report was made $496.85. The Chairman. I see at the bottom of that page a note, also $40,000 in the 1912 act, and $10,000 in the 1913 act for buildings, and I presume you intend that amount, $17,884.43, for the total. How do you explain that note? Mr. Meritt. Those buildings are in course of construction and we have expended $17,000 out of the appropriations. The entire appro- priation will be expended. The Chairman. Do you not think it would be advisable to expend that appropriation and complete the appropriations you have instead af asking for this amount ? Mr. Meritt\ Those buildings are being constructed and that money has been hypothecated and will be expended for other buildings pro- vided for in those acts. 486 INDIAN APPROPRIATION BILL. The Chairman. I notice you have for general repairs and im- provements raised the amount to $75,000 from $45,000. Could not that addition be put in for repairs to hospital or something of that kind ? You use the words " For repairs and addition to hospital," and therefore you would have two sums which you could use for repairs. Mr. Mehitt. The item for general repairs and improvements would apply to other buildings besides the hospital building. We have at that school 33 buildings and that repair fund would be used for the repair of those buildings other than the hospital. Mr. BxjEKE. Mr. Meritt, we have been making some rather liberal appropriations for buildings at this school in recent years, and yofi are now constructing, I beneve, two dormitories? Mr. Meritt. Yes, sir. Mr. Burke. We increased the appropriation made in the 1912 act by $10,000 in the act of 1913; that is, the act of August 24, 1912. Do I understand that $17,884.43 will be used when those buildings are completed? Mr. Meritt. That amount has already been expended, Mr. Burke, and the additional apropriation will be expended for buildings now in course of construction. Mr. Burke. Well, what are those buildings? Mr. Meritt. Dormitories. Mr. Burke. My question is, will it require the balance that this shows has been unexpended to pay for those buildings when they are completed ? Mr. Meritt. Yes, sir. Mr. Burke. What is the status of the buildings at the present time? They were authorized in the act of 1911. It seems to me they ought to be constructed by this time. Mr. Meritt. They are in course of construction and will be com- pleted Avithin the next few months. Mr. Burke, since this report was made up there has been an additional expenditure for these buildings of $25,683.02. The buildings are practically completed. Mr. Burke. Is this the school where Mr. Davis is superintendent, Avho was formerly a supervisor ? Mr. Meritt. Yes, sir. Mr. Burke. I notice you have estimated $5,000 for dairy barns. Mr. Meritt. Yes, sir; this superintendent is making a specialty of a fine dairy herd, and he needs this bam to care for the herd he is building up there. His herd has won a number of prizes at the dif- ferent State fairs, and it is considered one of the finest dairy herds in the State of Nebraska. Mr. Burke. Do you know how many cattle they have there? Mr. Meritt. There were on hand at this school at the end of the first quarter of the fiscal year 1914, 21 cows, 18 calves, and 5 heifers. Mr. Burke. Do you not think $5,000 is a pretty liberal appropria- tion to build a bam ? Mr. Meritt. They have a large herd there to provide for the needs of the school, and the superintendent thought that he would need $5,000 for this purpose. Superintendent Davis is doing some splendid work along industrial lines at this school. You notice that INDIAK APPROPEIATION BILL. 487 the value of the products of the school farm amounts to $14,Y40 off or 320 acres of school lands. Mr. Burke And that amount of production ought to very mate- rially reduce the per capita cost of maintaining the school. I notice his IS lower than the average, and possibly it may be attributed to L -»r ^ ^^^°°^ *^™ ^^^ produce the amount as shown here Mr. J^EEinv In view of the fact they have an unexpended balance ot about $2,500, the office thinks that the general support fund of this school could be reduced to $60,000. Mr. Burke. Mr. Merritt, please get for us the information re- garding health conditions at each school. Mr. Meritt. Yes, sir ; I will be glad to do so. (This information will be found under item No. 63, "Indian School, Pipestone, Minn.") Subcommittee or the CoaufiTTEE on Indiax Affairs, House of Representatives, Wednesday, December 17, 1913. The subcommittee met at 10 o'clock a. m., Hon. John H. Stephens (chairman) presiding. STATEMENT OF ME,. E. B. MERITT, ASSISTANT COMMISSIONER OF INDIAN AFFAIRS— Continued. The Chairman. Mr. Meritt, what is the next item ? Mr. Meritt. The next item reads as follows : For expenses of the Omaha and Winnebago Agencies, including the pay of • superintendent and employees not otherwise provided for, $6,040. The Chairman. Have you the justification for that? Mr. Meritt. We offer for the record the following justification : Pay of employees, Winnebago Agency, Nebr. Fiscal year ending June 30, 1914, amount appropriated, $4,040. Fiscal year ended June 30, 1913, no appropriation. There are approximately 1,300 Omahas and 1,100 Winnebagoes under the jurisdiction of the superintendent in charge. These Indians are without suffi- cient funds to provide for the necessary clerical help to administer their affairs and- therefore, in order to maintain these agencies and look after the welfare of the Indians, this appropriation is necessary. The superintendent at the present time is carried as a school employee and the item under consideration should be amended by striking out the words " super- intendent and " so that the former arrangement may be continued. A school is being operated under this jurisdiction and it is therefore proper to carry the superintendent as a school employee as is done at the present. The Omaha Reservation was created by treaty and comprised originally about 258,000 acres, of which 123,000 acres were deeded to the United States for the Winnebago Indians under authority found in the act of June 22, 1874 (18 Stat. L., 170). Of the remaining area 130,522 acres were allotted in sever- alty to 1,458 Indians, leaving about 4,500 acres of surplus land, the sale of which was authorized by the act of May 11, 1912 (37 Stat. L., 111). Of the lands bought for the Winnebago Indians 122,254 acres were allotted to 1,558 Indians, the small remainder being reserved for school and administrative purposes. The Chairman. I see that the language in lines 16, 17, and 18, on page 55, has been stricken out. The language stricken out reads as .488 INDIAN APPKOPBIATION BILL. follows : " For repairing the Government bridge across the Niobrara River in Knox County, Nebraska, for the use of the Santee and Ponca Indians, $1,200." That was in addition to the $4,040 appropriated in the bill last year. I notice that that language is stricken out and you use the words " For expenses of the. Omaha and Winnebago Agencies, including the pay of superintendent and employees not otherwise pro- vided for." Why did you make that change of language? Mr. Meritt. The Omaha and Winnebago agencies are now con- solidated under one superintendent. The appropriation for 1914 provided for the expenses of the Winnebago (Omaha) Agency. Here- tofore the Omaha Indians have had their expenses paid out of the appropriation for general, expenses and a part of the Winnebago expenses, I think, were paid out of Indian moneys, but these moneys are about exhausted, and it is necessary to provide for the expenses of both agencies. The Chaikman. I see from the statement of last year, by adding the two together, the amount would be $5,240, and you are asking for $6,040. for what purpose do you propose to expend the additional amount? Mr. Meeitt. That appropriation last year did not provide for the Winnebago part of the consolidated agency at all, but provided for the Omaha part only. The bridge item, of course, would not be in- cluded in the expenses of the agency. The Chaikman. The bridge item would be stricken out? Mr. Meeitt. Yes, sir. The Chairman. That should reduce the amount $1,200, but, instead of that, you have an estimate of $6,040 for the two agencies. Mr. Meeitt. The bridge item of last year is a separate item from the Winnebago (Omaha) Agency item of $4,040 for employees, which amount has been increased $2,000 to provide for the salary of the superintendent of the consolidated agency, or $6,040 in all. Mr. Burke. You are asking $800 more than you did last year ? Mr. Meeitt. Yes, sir ; for the two agencies. Mr. Caetee. You have an additional number of Indians to take care of now, I believe you stated ? Mr. Meritt. We are providing for the Omaha and Winnebago agencies under one superintendent. Mr. Carter. And last year you did not provide for the Omahas? Mr. Meritt. Last year we used the regular appropriation of $4,040 for the Omahas. Mr. Carter. And you ask for the appropriation of $2,000 addi- tional ? Last year you had $4,040 and this year you ask for $6,040. Mr. Meritt. You see, the bridge item is a separate item. Mr. Carter. It is an increase of $2,000 over last year's appropria- tion for administrative purposes? Mr. Meritt. Yes, sir. Mr. Carter. For what purpose is this $2,000 additional to be used? I mean what additional service will be employed there? Mr. Meritt. There will be no additional services. We simply pay for the salary' of the superintendent heretofore paid out of another fund. Mr. Carter. What is the item for employees ? ■INDIAN APPROPEIATION BILL. 489 Mr. Mekitt. I will be glad to get a list of the employees and put it in the record. ■Mr. Carter. We ought to have this information as we go along, because we might want to make some inquiries about it. The Chairman. Will you have any more employees ? Mr. Mekitt. This does not provide for any additional employees. The Chairman. Do you propose to raise the Avages of any of the employees ? Mr. Meritt. No, sir. Heretofore the Omaha employees have been paid out of the appropriation " general expenses," and for the cur- rent fiscal year out of the specific appropriation of $i,040. Mr. Burke. Do I understand that $6,040 will pay all of the ex- penses of administration at the two agencies of the Omaha and Win- nebago Indians? Mr. Meritt. Except for the expenses of the school and of the Winnebago part of the consolidated agency, where Indian funds are used, it will pay the agency expenses. Mr. Btjrke. From what fund are the school expenses paid ? Mr. Meritt. They are paid from the Indian school-support fund. Mr. Burke. From what fund is the expense of administration at the Omaha agency paid? Mr. Meritt. The employees are now paid out of the specific appro- priation of $4,040 provided by Congress. Mr. Burke. Then, there have been some employees at the Winne- bago consolidated agency other than those that have been appropri- ated for here heretofore, as appears in lines 13, 14 and 15 of the bill. Mr. Meritt. Yes, sir; the employees of the Winnebago part of consolidated agency. The item for the Omaha employees was in the bill last year. ' Mr. Burke. The amount, however, was deducted from the amount that was previously appropriated for miscellaneous expenses ? Mr. Meritt. No, sir. Mr. Burke. Please refer to House Document No. 328, Sixty-third Congress, second session, and turn to page 7, under the head of " Nebraska, Omaha," you will find the item for salaries of employees amounting to $6,994.54. Now, does that represent the amount ex- pended for all the employees, including the school employees, or is that the amount spent for agency employees, or what does that item include ? Mr. Meritt. That is the amount expended for all employees. Mr. Burke. Paid out of the funds of the Indians ? Mr. Meritt. Yes sir; partly. Mr. Burke. Then you expect to still pay some of the employees out of Indian moneys if this appropriation is allowed ? Mr. Meriot. Yes, sir. Mr. Burke. I think you ought to furnish the committee a state- ment showing exactly how many employees there are at both of these agencies, and how they are paid, because, otherwise, we do not have very much information about it. 490 INDIAN APPROPRIATION BILL. Mr. Meeitt. The information is as follows: Winnebago, Neir. WINNEBAGO AGENCY. Number and position. Rate of pay. Total. Payable from— White: 1 clerk $900 1,100 900 720 1,200 720 900 720 720 360 360 1,200 ' 780 p. m. 35 p. m. 30 p. m. 20 1900 1,100 900 720 1,200 720 900 720 Interest on Winnebago fund , Nebraska 1 financial clerk Do. Do. 1 assistant clerk Do. Do. Do. Do. Do. 7,160 Indian: 1 assistant clerk and interpreter 720 360 720 Interest on Winnebago fund, Nebraska. Do. 2 laborers Do. 1,800 Miscellaneous: 1 farmer 1,200 780 Industrial work and care of timber,19U. Do. 1,980 1 chief of police 420 360 240 t-ay of Indian police, 1914. Do. 1 private Do. 1,020 OMAHA. AGENCY. White; 1 clerk. 1 financial clerk.. 1 assistant clerk, llaborer Hiscellaneous: 1 farmer . . . 1 interpreter. 1 chief of police. 3 privates 1 special examiner (not exceeding 3 months). 1 stenographer (not exceeding 3 months). $1,400 $1,400 1,200 720 720 1,200 720 720 4,040 1,200 1,200 360 p. m. 45 p. ra, 20 12,000 360 640 480 1,020 p.m. 175 Pay of employees, Winnebago Agency, Nebr., 1914. Do. Do. Do. Industrial work and care of timber, 1914. Indian moneys, proceeds of labor, Omaha Indians. Pay of Indian police, 1914. Do. General expenses, Indian service, 1914. 1 Actual necessary traveling expenses. The Chairman. What is the next item? Mr. Meritt. The next item is as follows : For support and civilization of Indians in Nevada, including pay of employees, $25,000. We offer for the record the following justification in support' of that item: INDIAN APPKOPKIATION BILL. 491 Support of Indians in Nevada. Fiscal year ending June 30, 1914 : Amount appropriated $18, 500. 00 Fiscal year ended June 30, 1913 : Amount appropriated 18, 500. 00 Amount expended 15, 640. 94 Unexpended balance 2, 859. 06 ANALYSIS or EXPENDITURES. Salaries, wages, etc 5,464.51 Traveling expenses 148. 25 Transportation of supplies 40. 75 Telegraph and telephone service 30.89 Heat, light, and power (service) 14.60 Miscellaneous material 412.98 Fuel 912. 42 Mechanics' supplies 51. 03 Cleaning and toilet supplies . 36.82 Wearing apparel 1. 02 Forage 1, 326. 41 Provisions 2, 601. 22 Equipment 3, 047. 47 Medical supplies 553. 93 Seed, trees, etc 956. 24 Miscellaneous 42.40 15, 640. 94 There are now within this State about 5,262 Indians, of which 2,573 are on reservations and 2,689 are scatterel and live for the most part on public lands, many of whom have been allotted under the fourth section of the act of 1887. Those on reservations are as follows: Fallon 333 Fort McDermitt : 428 Moapa River 119 Nevada 602 Walker River 522 Western Shoshone 569 Of the $18,500 now appropriated, $5,240 are used to pay salaries of employees at three jurisdictions, as follows : Nevada -n, 360 Walker River 840 Western Shoshone 3,040 All other supervisory and administrative work, care of .sick, etc., at these six agencies is carried on by employees paid from " Indian moneys, jirof^eecis of labor," " Industrial work and care of timber," or " Support of schools." The last few years have brought into this State large numbers of white set- tlers, who have taken up and are now utilizing much of the territory formerly occupied by these Indians, consequently it has become necessary for the Indians to look elsewhere for their maintenance. To aid them, the Government has put in some irrigation systems on some of the reservations, and while the Indians are usually very eager to cultivate the lands thus reclaimed, as a rule they have nothing with which to do so except a few little ponies and very meager imple- ments. The appropriations heretofore made have been just about sufficient to maintain the administrative work, employ a few physicians, furnish rations for the more needy, fuel and feed for the different agencies, and necessary traveling expenses for superintendents and employees. There has not been sufficient left after these needs have been supplied to furnish the Indians with too^s, implements, seed, etc., and none for the purpose of providing heavier farm stock. The additional $7,500 asked for is wanted to meet these needs, to provide further physicians and medicines, to care for the sick, etc. 492 INDIAN APPEOPEIATION BILL. Of the 5,262 luciians in the State, 854 have been allotted 13,403 acres within existing reservations. Quite a number of Indians in this State have received allotments on the public domain. The tribal lands vrithin existing reservations still aggregate 686,794 acres, distributed among the foUovring reserves : Acres. Duck Valley 321, 920 Moapa River 1^X28 Payute l|ooo Pyramid Lake 322, 000 Walker River 40, 746 No allotments have been made on any of these reservations except Wnlker River, where 490 allotments have been made, and on the Payute ReservatioB, where 364 Indians have been allotted 10 acres of irrigable land each. The Chairman. Now, you say, here in the last paragraph of the justification, that " There has not been sufficient left after these needs have been supplied to furnish the Indians with tools, implements, seed, etc., and none for the purpose of providing heavier farm stock." Is there any lump sum out of which provision can be made for seed? Mr. Meritt. If we get that $100,000 reimbursable item we are asking for, we can use a part of thalt appropriation for this pui<- pose. The Chairman. Then, in that event, it would not be necessary to inci-ease the amount here? Mr. Meritt. If we get that $100,000 reimbursable appropriation we will be content to have the appropriation of last year. Mr. BuEitE. From this $7,500, among other things, you provide field physicians and medicine, acording to the justification you have just read? Mr. Meritt. And agricultural implements. Mr. Burke. You also provide for their physicians and medicine? Mr. Meritt. Yes, sir. Mr. Burke. And the item for relief of distress, etc., is available for that purpose? Mr. Meritt. Yes, sir. The lists of agency employees for agen- cies in Nevada is submitted here. It will be noted some of the agencies have no employees paid from this appropriation. > FALLON, NEV. Number and position. Rate of pay- Tola). Payable Irom- Miscellaneous 1 private . Do... 1 farmer . p. m. $25 p. m. 20 .5.300 240 540 840 Pay of Indian police, 1914. Do. Industrial work and care of timber, 1914. FORT MCDERMITT, NEV. Misfellaneons: Sjudges 1 chief of police. Pay ofjudees, Indian courts, 1914. Pay of Indian police, 1914, INDIAN APPKOPKIATION BILL. MOAPA KIVER, NEV. 493 Number and position. IfisceHaneous: 1 judge , 2 privates.. Rate of pay. $72 p. m. 20 Total. $72 480 Payable from. NEVADA, NKV. Pay of judges, Indian courts, 1914. Pay of Indian police, 1914. ■White: 1 clerk. 1 physician 1 financial clerk 1 general mechanic . Indian: 1 assistant mechanic. Miscellaneous: 1 farmer... Do 1 field matron . 1 judge . 1 chief of police. 4 privates $1,000 1,000 600 900 360 900 720 720 84 p. m. 30 p. m. 20 $1,000 1,000 COO 900 2,500 360 900 720 720 2,340 84 360 960 1,320 Support of Indians in Nevada, 1914. Indian moneys, proceeils of labor, Ne- vada Indians. Do. Do. Support of Indians in Nevada, 1914. Industrial work and rar^ of timber, 191 J. Do. Do. Pay of judges, Indian courts, 1911. Pay of Indian police, 1914. Do. WALKER RIVER, NEV. White: 1 general mechanic . Miscellaneous: 1 farmer. .. Do 1 field matron . 1 judge . . . 3 privates $840 900 720 720 84 p. ra. 23 $840 900 720 720 2.340 84 900 Support of Indians in Ni^vada, 1914. Industrial work and care of timber, 1914. Do. Do. Pay of judges, Indian courts, 1914. Pay of Indian police, 1914. WESTERN SHOSHONE, NEV. White: 1 clerk 1 physician... 1 blacksmith. 1 herder. . . Indian: 1 laborer. . Miscellaneous; 1 fanner. . . 1 judge 4 privates. $720 1,000 900 900 $720 1,000 900 2,620 900 420 420 900 900 84 p.m. 20 84 960 Support of Indiaus in Nevada, 1914. Do! Indian moneys, proceeds of labor, Western Shoshone Indians, Nevada. Support of Indians in Nevada, 1914. Industrial work and care of timber, 1914. Pay of judges, Indian courts, 1914. Pay of Indian police, 1914. The Chairman. What is the next item? Mr. Meritt. The next item follows: For support and educatiou of three .hundred Indian pupils at the Indian school at Carson City, Nevada, and for pay of superintendent, $50,10(); for general repairs and improvements, $10,000; in all, $60,100. 494 INDIAN APPEOPE.IATION BILL. The following justification is offered for the record: Indian school, Carson City, Nev. Fiscal year ending June 30, 1914: Amount appropriated $56,100.00 Fiscal year ended June 30, 1913: Amount appropriated 56, 100. 00 Amount expended 53,357.07 Unexpended balance 2, 742. 93 This is not a final balance, as tbere are probably outstanding obligations yet to be charged against the appropriation. ANALYSIS OF BXPENDITTJBBS. Salaries, wages, etc 20,267.21 Traveling expenses 148. 70 Telegraph and telephone service 55.86 Miscellaneous material 649. 22 Stationery 39.40 Fuel - 4, 186. 35 Mechanics' supplies 12. 80 Cleaning and toilet supplies 480.76 Wearing apparel 7, 085. 01 Forage 1, 655. 96 Provisions 10, 208. 70 Equipment 2, 698. 68 Construction and repairs 5,200.43 Medical supplies 393. 15 Miscellaneous ^ 279. 84 Statistical statement for year ended June 30, 1913. 53, 357. 07 Value of school plant $52,000 Number of buildings 49 Number of employees 31 Total salaries $22, 100 Average attendance of pupils 236 Enrollment 294 Capacity 286 Cost per capita $204 Area of school land acres 687 Value of products of school $2, 558 Superintendent's estimate of absolute needs for 1915 : Support $46, 935 Repairs and improvements 16,650 Buildings (none) . Total 63,585 Indian school, Carson, Nev., 1915, amount requested in proposed bill: For support of 300 pupils and pay of superintendent ^— 50,100 For general repairs and improvements 10,000 Total 60, 100 The item $50,100 Is for support of 300 pupils on the basis of $167 per pupil per year. 'I'his covers the cost of subsistence, clothing, fuel, light, medical sup^ plies, and all other classes of supplies needed for the support of the pupils; also salaries for employees, and is the same amount as appropriated for the fiscal year 1933. This $10,000 Is requested for repairs and improvements to Include an addi- tion to the school building, improvement of the water works, sewer, and the general upkeep of the buildings. The buildings are of frame construction and INDIAN APPROPRIATION BILL. 495 have been neglected in the past. It will be necessary to make liberal provi- sion for at least three years in order to get the school plant in good condition, after which time a smaller appropriation for repairs and improvements will be required. A nonreservation boarding school located on 687 acres of land purchased for that purpose. While there is no " reservation " in its true sense under the juris- diction of this school, yet supervision through the superintendent of the Carson Pchool is maintained over a number of Indians located in that section of the State, many of whom have heretofore received allotments on the public domain. Salary list in effect Dec. 20, 1913, Indian school, Carson City, Nev. (Payable from "Indian school, Carson City, Nev., 1914.") Capacity 286 Enrollment 278 Average 234 Salaries : Superintendent $2, 000 Principal , 1,000 Clerk 1.100 Assistant clerk Physician Disciplinarian Teacher do do do Kindergartner Matron Assistant matron . do 720 720 840 630 630 630 630 630 720 540 480 Salaries : Housekeeper Nurse Seamstress Laundress Baker I Cook Farmer Manual training teacher. Carpenter Shoe and harness maker_ Blacksmith Engineer Night watchman Band instructor 720 540 520 520 600 900 900 800 600 800 800 720 300 20, 980 The Chairman. I notice you have increased this item from $56,000 to $60,000, an increase of $4,000. Last year you had $6,000 for gen- eral repairs and improvements and this year you ask for $10,000. Why the additional $4,000? Mr. Meritt. The buildings at this school number 49. They are constructed of wood and they are somewhat dilapidated, and we would like to have a sufficient amount to put the buildings in good repair. The Chairman. You have had these amounts of $6,000 and $10,000 for a series of years for repairs and improvements, and it seems to me you could stop this repair work some time. Mr. Meritt. At these nonreservation schools we have a large number of buildings at each school. The wear and tear is hard on the buildings, and it requires a considerable amount each year to keep in repair 49 buildings such as we have at this school. The Chairman. How old is this school? Mr. Meritt. This school has been constructed for a number of years. These buildings are probably 15 years old. Mr. Burke. I notice your per capita cost at this school is $204. Why should the per capita cost be so much there? Mr. Meritt. That cost it too high, Mr. Burke. It ought to be brought to a less amount than that. Mr. Burke. How are we going to get it to a less amount unless we reduce the appropriation? Mr. Meritt. We should take into consideration, however, that this school is out in a desert country and the superintendent is unable to produce a very large amount of the products used at the school. 496 INDIAN APPROPRIATION BILL. You will notice they have a school farm there of 68Y acres and they only raise products to the value of $2,558. That accounts, to a certain extent, for the per capita cost for those pupils. The Chairman. AVTiat is the next item? Mr. Meeitt. The next item reads as follows : For support and education of four hundred Indian pupils at the Indian Scliool at Albuquerque, New Mexico, and for pay of superintendent, $68,600 ; for general repairs and improvements, $8,000; for assembly hall and gymnasium huilding and equipment, $30,000; in all, $106,600. The following justification is offered for the record : Indian School, Alhuquerque, N. Men. Fiscal year ending June 30, 1914: Amount appropriated, also $15,000 in 1914 act for buildings $73,600.00 Fiscal year ended June 30, 1913 : Amount appropriated 56, 900. 00 Amount expended 55, 978. 14 Unexpended balance 921. 86 Note. — Unexpended balance applicable for settlement indebtedness incurred during fiscal year 1913. ANALYSIS OF EXPENDITTJBES. Salaries, wages, etc 23,110.34 Traveling expenses 16. 98 Telegraph and telephone service 79.38 Heat, light, and power (service) ; 1,398.55 Miscellaneous material 835. 67 Stationery 34. 20 Fuel 2, 507. 50 Mechanics' supplies 51. 71 Cleaning and toilet supplies 541.57 Wearing apparel 5, 928. 28 Forage 835. 11 Provisions -9^792.60 Equipment 4, 953. 68 Construction and repairs 5,451.27 Medical supplies 234. 85 Miscellaneous 206. 45 55,978.14 Also $25,000 in 1912 act and $10,000 in 1913 net for buildings; $25,132.54 was expended during the year. StaHstical statement for year ending June 30, 1913. Value o^ school plant $191,730 Number of buildings 36 Number of employees 34 Total salaries $23, 570 Average attendance of pupils 336.2 Enrollment 365 Capacity 400 Cost per capita flB" Area school lands ^ acres— ^ Value of products of school $5,324 INDIAN APPEOPEIATION BILL. 497 Superiutendeut's estiuinte of absolute iieerls for 1915: Support $68, 600 Repnli's and improvements 7.000 Buildings . ao, 000 Additlomil land for school farm 10,000 Total 115,600 Indian school, Albuquerque. X. Mex., 1915, amount requested in pro- posed bill : Supiiort and education 400 pupils and pa.v of superintendent 68,600 Repairs and improvement." 8,000 Assembly hall and gymnasium building and equipment 30,000 Total 106,600 The $68 600 will provide for the support of 400 pupils and is the same amount as was appropriated for the current fiscal year. The cost of the transportation of pupils and of supplies and of construction and repairs has not been included in determining the cost of maintaining the school plant in computing the per capita. Transportation of pupils and supplies are provided for out of special appropriations and constitute a nominal amount in the total sum required for maintaining the school. Owing to the provision in the Indian act for 1914 it will be necessary to pay the wagon transportation charges on supplies from the railroad station to the school from the support fund of the school instead of the regular transportation fund. Nfw construc- tion and repairs and improvements are ordinarily specifically provided for in the bill appropriating money, and the amount thus used becomes a part of the plant, and of course should not be figured in computing and annual cost of maintenance. The $8,000 asked for repairs and improvements is less than 3 per cent of the value of the buildings. One thousand dollars is needed to repair the water system, $2,000 for rerooflng six cottages, and $4,000 for replacing worn-out floors, plastering, and general repairs and improvements about the plant. An assembly hall and gymnasium combined in one buildinj; are greatly needed. The assembly hall now in use is entirely too small and is required for classroom work. It should be divided into two classrooms in order to take care of the increased attendance. A gymnasium would furnish means of exercise, recrea- tion, and athletic development of pupils during the winter months when the weather is not suitable for outdoor games. On account of not having a gym- nasium the pupils are debarred from necessary physical exercise and training during the winter season. It is estimated that such a building would cost $30,000. A nonreservation board'ng school located on 64 acres of land with a carry- ing capacity of 400 pupils. While there is no " reservation" at this point for the benefit of the Indians, yet through the aid of the employees there super- vision is maintained over a considerable number of Indians residiuf; in that section of New Jlexico on the public domain. Through the superintendent of this school supervision is also maintained over a number of the Pueblos m New Mexico who hold their lands in fee under Spanish grants confirmed by the United States patents issued in accordance with the provisions of the act of December 22, 1858 (11 Stat. L., 374), and June 21, 1860 (12 Stat. L.. 71). The total Indian populaticm under the jurisdiction of this school approximates 5,000. • The Chairman. I notice in last year's appropriation you had an appropriation of $15,000 for new buildings. What did you build with that appropriation last year? Mr. Meritt. We are building a dormitory. The Chairman. A girls' dormitory? Mr. Meritt. Yes, sir; a girls' dormitory at this school. The Chairman. Last year your appropriation amounted to $88,600, and this year you ask for $106,600. Does the item of $30,000 for as- 24455—14 32 498 INDIAN APPROPRIATION BILL. sembly hall and gymnasium building and equipment added to what you had last year make the $106,000 ? Mr. Meeitt. We are asking for the same amount as last year for the general-support fund for the school. We are asking an increase of $3,000 for general repairs and improvements, and we are asking for a new building for a gymnasium and assembly hall which will require an appropriation of $30,000, if granted. The Chairman. I notice there has not been great uniformity in the sums you have asked for. Sometimes it has amounted to three or four thousands dollars, and this year it amounts to $5,000 for im- provements. There seems to be a geometrical progression along that line. • Mr. Meeitt. The school buildings have not been kept in first-class repair, Mr. Chairman, and the buildings are getting old, and we are trying to keep them in habitable condition. The Chairman. Have you an assembly hall and gymnasium build- ing there ? Mr. Meritt. We have a small building there, but it is not suited for an assembly hall and gymnasium. The capacity of this school has been increased and it is advisable to have this building. However, if the bill is to be cut in any place, as I said off the record two days ago, we would prefer that our industrial and health items be not cut ; and if a cut is absolutely necessary, the new building items could be cut at nonreservation schools. The Chairman. Then you would consider this assembly hall and gymnasium as a new building item ? Mr. Meritt. Yes, sir. Mr. Burke. *Mr. Meritt, is the per capita cost of maintaining these different Indian schools figured.in every instance on the same basis, or do you ha^'e one rule at one school and a different rule at another? Mr. Meritt. No, sir ; we have a uniform rule. Mr. Burke. I notice in your justification for this school item you say the cost of transporting pupils, etc., has not been included in de- termining the cost of maintaining the school plant and computing the per capita cost. I want to laiow if that is true at all the other schools. Mr. Meritt. Yes, sir. Mr. Burke. Then I want to call your attention to this statement, which shows an average attendance of pupils of 336.2, and then at the Carson school the average attendance of pupils is 236, a differ- ence of just 100. The per capita cost at Albuquerque is $150, while it is $204 at Carson. The number of employees at Carson is 31, while the number of employees at Albuquerque is only ?^; and I would like to ask you if your number of employees and the amount paid for total salaries is not excessive at Carson as compared with similar items at Albuquerque, and why there is this difference. Mr. Meritt. I would say, Mr. Burke, that that does appear to be the case. At Carson, witla .31 employees, there was expendecl for salaries $20,267.21. Based upon an enrollment of 294, this was a per capita cost of $68 for em- ployees. At Albuquerque, with 34 employees, there was expended $23,110.34. at a per capita cost of $63, based upon an enrollment of 365 pupils. The increased per capita cost for employees at Carson may be partially explained by the fact that after a school has reached a capacity of 250 to 300 INDIAN APPEOPKIATION BILL. 499 the eurollment can be very considerably increased without a proportionate, mcrease m eitlier cost for employees or for equipment. Mu4 also depends upon the abUiy of the superintendent to procure efficient service from and hearty cooperation among employees. Where per capita cost appears exces^ve we are going to try to correct that faulty administration of superintendents The Ch.\irmax. Pass to the next item. Mr. Meritt. The next item reads as follows : For support and education of three hundred and fifty Indian pupils at the ««no^n 'f °*'^ *** ^f"*"" ^®' ^^^ ^^^''''">' ""'l for pay of superintendent, $60,250; for general repairs and improvements, .$7,000: for water suddIv $l,600;fornewdairy barn, $4,000; in all, $72,850. ''"PP^y. The following justification is offered for the record: Indian school, Santa Fe, N. Mex. Fiscal year ending June 30, 1914: Amount appropriated (also $18,000 for buildings) $59,500.00 Fiscal year ended June 30, 1913 : Amount appropriated 58, 500. 00 Amount expended 57' 315] 35 Unexpended balance 1 184. 64 Note.— Unexpended balance applicable for settlement of indebted- ness incurred during fiscal year 1913. ANATSIS OF EXPENDITURES. Salaries, wages, etc 2&, 329. 50 Traveling expenses 16. 99 Telegraph and telephone service 76. 78 Heat, light, and power (service) . 953.58 Miscellaneous material 1, 547. 13 Stationery 50.75 Fuel__J 5, 100. 48 Mechanics' supplies 31. 59 Cleaning and toilet supplies 449.47 Wearing apparel 6, 008.05 Forage 1,503.03 Provisions 0, 310. 02 Equipment 1, 961. 71 Construction and repairs 4,966.07 Medical supplies 236. 77 AVater 1, 600. 00 Miscellaneous >, . ^"^^^ ^^ 57, 315. 36 Statistical statement for pear fiuling June SO, 1913. Value of school plant $148,437 Number of buildings 27 Number of employees 37 Total salaries $26, 660 Average attendance of pupils 3.33.9 Enrollment 364 Capacity 300 Cost per capita $153 Area of school lands acres__ 106 Value of products of school $2, 727 Superintendent's estimate of needs for 1915 : Support $70, 200 Repairs and improvements '^' 000 Buildings 29,000 Total 106,200. 500 INDIAN APPROPRIATION BILL. Indian t-eliool, f-'anta Fe, X. Mex., 1915 — Amount requested in pro- posed bill : For support of 350 pupils and for pay of superintendent $60, 250 Repairs and improvements 7,000 Water supply 1, 600 New dairy barn 4,000 Total 72,850 Dormitory additions have been made to this school during the past year, and. its present capacity is now 350 pupils. The $60,250 here requested will provide for the support of 350 pupils. The $7,000 estimated for repairs and improvements is less than 4 per cent of the value of the buildings. This is a very conservative estimate. One thousand dollars will be required to repair the water and sewer systems, $2,000 for nw roofs to buildings, and $4,000 for repairs in order to keep the buildings from deteriorating. In addition to the regular appropriation for the support of the Santa Fe school, a special appropriation of $1,600 per year for water supply for domestic use, fire protection, and for the irrigation of 15 acres of school farm is necessary. This appropriation has been allowed annually by Congress. A new dairy barn is an absolute necessity, the old frame building now used for this purpose being unsuitable in every respect, as it is old, insanitary, and inadequate, and is required for storing forage for the school stock. A modern dairy barn to accommodate 20 cows is required, and it is estimated that $4,000 will be needed to construct such a building, school labor to be used so far as practicable. The Indian school, Santa Fe, N. j\Iex,, is a uonreservation boarding school located on 106 acres of Government land. While there is no true " reservation " for the benetit of Indians at tliis point, yet this school has jurisdiction, in con- .function with the Albuquerque school, over a part of the Pueblo Indians, who hold title to their lands in fee by virtue of Spanish grants confirmed by acts of Congress. The total area of the Pueblo holdings in New Mexico approximate 1,000,000 acres embraced iu 20 difCerent pueblos. No allotments have been made and no division of the lands by the Indians has taken place, they being still held in common for use of the different pueblos. The Chairman. I notice 3^011 have reduced this item bj' a small amount. Will .you please explain that? Mr. Meeitt. Last year, Mr. Chairman, we had an item for a girls' dormitory of $18,000, and this year we have an item for a new barn at $4,000, which shows a reduction. The Chairman. You have reduced your appropriation $4,650. Mr. Meritt. We have also increased the attendance at this school from 300 to 350, which has increased the support fund from $51,900 to $60,250. The Chairman. Why is it necessary to increase the attendance from 300 to 350, being a noHreservation school? Mr. Meritt. This schopl is filled from the pueblos immediately surrounding Santa Fe and Albuquerque, and we can easily increase the attendance to 350, especially in view of the fact that Congress has provided additional dormitory space for girls. The Chairjman. What is your average attendance? Mr. Meritt. The average attendance at this school is 333 pupils. The Chairman. What is your per capita cost? Mr. Meeitt'. $153. That is an unusually low per capita cost. The Chairman. What do the products of your school lands amount to? Mr. Meritt. On a school farm of 106 acres the records show there was produced $2,727 worth of products. The Chairman. Do the crops produced there go to the support of the scholars? INDIAN APPHOPKIATION BILL. 501 Mr. Meritt. Yes, sir ; that is the case at all nonreservation schools. The Chairman. Is this an industrial school? Mr. Meritt. They teach industrial pursuits there. The Chairman. You say these Indians are Pueblo Indians. They are agricultural Indians, are they not? Mr. Meritt. Yes, sir. The Chairman. Living on the streams of New Mexico ? Mr. Meritt. Yes, sir. The Chairman. Are their lands allotted to them ? Mr. Meritt. No, sir; their lands are held under an old Spanish grant, and they have not been allotted. The Chairman. They are known as community grants, then ? Mr. Meritt. Yes, sir. Mr. Burke. At this school, Mr. Meritt, the average attendance of pupils is substantially the same as at Albuquerque ? Mr. Meriit. Yes, sir. Mr. Burke. You have three more employees at Santa Fe than at Albuquerque and you expended a little more than $3,000 more for salaries than you did at Albuquerque. Have you any explanation to offer as to why it costs more to run this school, so far as salaries and number of employees are concerned, than it does the school at Albu- querque ? Mr. Meritt. You will notice we have a better school farm at i^lbuquerque than at Santa Fe, and the superintendent of the Santa Fe school gets $5,324 worth of products from a farm of 64 acres which is irrigated. Mr. Burke. But in producing that amount of products it would seem as if he would require more employees than they would at this school, which only produces $2,727 worth of products. I mention ttis because t|iese schools are so nearly the same. The average at- tendance is practically the same, and in one instance it is a farm of 106 acres and in the other 64 acres. Your per capita cost at Santa Fe is only $3 more than at Albuquerque. Now, I am trying to find out why there should be more employees required at the latter school than at the former, and why there should be more than $3,000 paid in salaries at Santa Fe than at Albuquerque. Mr. Meritt. There is a condition existing at Santa Fe in regard to salaries that does not exist at Albuquerque. The -superintendent at Santa Fe gets a larger salary than the superintendent at Albuquerque, and so does the principal. Mr. Burke. What is the difference in the salary of the two superin- tendents? Mr. Meritt. I think the superintendent at Albuquerque now gets a salary of $2,250, and the superintendent at Santa Fe gets a salary_ of $3,000. The superintendent at Santa Fe, however, has jurisdiction over the pueblos in that immediate vicinity, whereas they have a separate superintendent who has jurisdiction over the Pueblo reser- vations around Albuquerque. Mr. Burke. Then the superintendent at the Santa Fe school has jurisdiction over some Indian country different from the other super- intendents; is that the case? M^r M^FRiTT Yes sir. Mr. BuEKE. And therefore some of these employees may be em- ployed on the reservation? 502 INDIAN APPEOPEIATION BILL. Mr. Meritt. The superintendent has jurisdiction over the reserva- tion, but the employees of this school are not working on the reser- vation. The Chaiemax. Can you give us a list of the pueblos that belong to the Santa Fe superintendency ? Mr. Mekitt. Yes, sir; we have the list here, Mr. Chairman. The Chairmax. Furnish us such a list for the record, and also a list of the pueblos that the Albuquerque superintendent has jurisdiction over, if any. Mr. Meritt. There are no Pueblos under the superintendent of -Albuquerque, there being a. separate superintendent for the Al- buquerque day schools, which are as follows: Acoma, Acomita, Encinal, Isleta, Laguna, Mesita, Paguate, Paraje, San Felipe, Seama,' and McCarty's. The following is the list of Pueblos under the superintendent of Santa Fe : Cochiti, Jemez, Nambe, Picuris, San Tldef onso, San Juan. Santa Clara, Taos, and Sia. Mr. Carter. Mr. Meritt, I would like to have a list of the em- ployees and the salaries, if you can give them to me, at these two places. Mr. Meritt. The information requested is as follows: EmpJoijees at Albuquerque School, N. Mcx. Superiutendent $2, 100 Seamstress . $660 Clerk 1,200 Assistant seamstress 480 Assistant clerk 900 700 Laundress 600 Physician (6 months, $1,400). Baker 540 Disciplinarian 1,000 . 1, 000 Cooli 600 Teacher Assistant cook - 480 Do 720 Carpenter 800 Do 720 Assistant carpenter _ 300 Do 720 Shoe and harness maker 600 Do 720 Blacksmith and wheelwright- 840 Do 720 Gardener 780 Kindergartener 720 Engineer 600 Domestic science teacher 600 Assistant 180 Matron 720 Do 180 Assistant matron 600 540 Laborer 600 Do Do _ 480 Do Nurse 300 600 at Santa Total 23, 300 Employees Fc Sehool. K. Mc.r. Superintendent ' $3, 000 Kindergartner _ $720 Assistant superintendent - 2, 200 Domestic science teacher 600 Principal 1,000 Industrial teacher 900 Clerk - 1,200 Matron 720 Physician 720 Assistant matron _ 600 Disciplinarian 780 Do 300 Assistant disciplinarian 600 Do 18(1 Teacher 720 Do 600 Do 720 660 Nurse 72ti Do Seamstress 660 Do 600 Laundress 600 Do 600 Assistant laundress 180 1 Actual and necessary ti-avellng expenses. Including sleeping-car fare, and a per diem of $3 in lieu of subsistence when actually employed on duty in the field away from mm- quarters. - INDIAN APPEOPEIATION BILL. 503 Baker _ $540 Ooolc . Assistant cook Carpeutei- Tailor Shoe and harness maker _ Blacksmith . Gardener 600 300 780 720 660 720 600 Engineer $900 Assistant engineer 240 Assistant 300 Do 240 Laliorer 480 Total 26, 360 It will be noted that the superintendent at Santa Fe received a salary of $3,000, which was $900 in excess of the salary received by the superintendent of Albuquerque, and that the assistant superin- tendent at Santa Fe received $2,200. There is no corresponding position under the superintendent at Albuquerque. This accounts for an increase in the salary list at Santa Fe of $3,100. The Albu- querque superintendent has no jurisdiction over the day schools about Albuquerque. The Santa Fe superintendent has jurisdiction over the nine Pueblo day schools at Santa Fe. Mr. Cartee. You said something about the products of the schools at Albuquerque and Santa Fe. The items under the head of value of products of the school onlv represent the products of farms, do they not? Mr. Meeitt. They represent the amount that was produced on the school farm as well as other industrial products at each one of the schools. Mr. Caetee. You say it is an industrial school; what becomes of the other products ? Mr. Meeitt. At these schools, Mr. Carter, I do not think there are any products produced to amount to anything for sale except on the school farm. Mr. Caetee. What else do they produce at these schools? I mean at these two schools. Mr. Petton Caetee. They build some wagons there and possibly make some harness. Harness is made at a number of schools, and they are sold when they are not needed at the school plant. Mr. Carter. What I am trying to get at is whether they are included in this list of value of school products. Mr. Peyton Caetee. I could not tell you. Mr. Caetee. I presume they must be, because I see there is no ether accounting made of them. Mr. Peyton Caetee. They are ordinarily included in those state- ments of value of products. Mr. Carter. Value of school products? Mr. Peyton Carter. Yes. Any product of the shops is included. Mr. Meeitt. At some of the larger nonreservation schools, Mr. Carter, they produce harness and wagons and products of that kind, and those products are included in this statement of the value of products of the schools. Mr. BuEKE. What is the relative cost of construction of buildings in New Mexico as compared with Nebraska, if you know ? Mr. Meeitt. That would depend on the location, very largely, in New Mexico, and also in Nebraska. Mr. Bxjeke. Well, locating them definitely at Genoa, Nebr., and Santa Fe, N. Mex. Mr. Meeitt. I would not think there would be a very great dif- ference. 504 INDIAN APPKOPBIATION BILL. Mr. BuRivE. I notice the estimate for a dairy .barn at Santa Fe is $4,000, and at Genoa $5,000. Mr. Meeitt. They have a hii-ger herd at Genoa than they have at the other school. Mr. Burke. They have a barn at both of those schools at the pres- ent time, have they not? Mr. Meritt. They have an old barn at each school which is not sufficient to meet the needs of the school. The Chairman. What is the next item? ■ Mr. Meritt. The next item reads as follows : For the pay of one special attorney for the Pueblo Indians of New Jlexicg, to be designated by the Secretary of the Interior, and for necessary traveling expenses of said attorney, ^2,000, or so much thereof as the Secretary of tlie Interior may deem necessary. The following justification is offered for the record: Counsel for Pueblo Indians in Xcw Mexico. Fiscal year ending June .30, 1914, amount appropriated $2,000 Fiscal year ended June 30, 191?, : Amount appropriated 2,000 Amount expended 2, 000 ANALYSIS OF EXPENMTUKES. Salaries, wages, etc 1,500 Traveling expenses, court costs, etc 500 2,000 Amount asked for, $2,000. This IS the same amount as has been granted in irevious years. There are 19 pueblos in the State of New Jlexico with a total population of 8.126 Indians. These Indians possess lands amounting in the aggregate to 770,260 acres, most of which are held under old Spanish gi-ants. The Mexicans and others who reside ad.iacent to these pueblos frequently trespass on the pueblo lands with their cattle. A number of suits are now pending, to which the Pueblo Indians are parties, and their counsel in addition to handling these cases furnishes legal advice to both the superintendents in charge of these Indians and to any of the Indians individually who request it. This litigation, involving as'it does large tracts of land, makes necessary a knowledge of Spanish and Mexican law, which is possessed by the present incumbent. Attending to the litigation in connection with the Pueblo Indians requires con- siderable travel on the part of Lhe counsel through lut ihe State of Xew Mexico, and one-fourth of the amount appropriated Is used tor that purpose. The following letter from Special Attorney Wilson is self-ex- planatory : Departjient of the Interior, United States Indian Service, Santa Fe, N. Mex., NoremT)er 11, 191S. Commissioner op Indian Affairs, Washington, D. C. Sir: I am in receipt of your favor of the 10th instant, signed by the assist- ant commissioner, and desire to submit the following .iustification for the esti- mate for my office for the fiscal year 1915, which estimate is the following : " For the pay of one special attorney for the Pueblo Indians of New Mexico, to be designated by the Secretary of the Interior, and for necessary traveling expenses of said attorney, $2,000, or so much thereof as the Secretary of the Interior may deem necessary." With reference to the above, desire to state that I have at the present time eight cases pending in the State courts involving land conflicts in which the INDIAN APPEOPEIATION BILL. 505 I'ueblo ludians are Interested and Uxo cases in the Federal, one in\olving the citizenship of the Pueblo Indians and the other an injunction suit brought against Supt. 'Coggeshall and myself for prohibiting the introduction of liquor in the town of Espanola, which is situate within the grant of the Santa Clara, Pueblo. With reference to the land cases, desire to state that their status is as follows : TAOS PUEBLO. This pueblo is now Involved in a case in which there is a contest over about 20,000 acres claimed by the Indians of the Pueblo of Taos in conflict with the Antonio Martinez grant. The case was argued and submitted to the district judge the last week in October, on exceptions to the referee's report, filed by me, in behalf of the Pueblo of Taos. I have the briefs under preparation and have filed one section of the brief. There are many angles to this case and it may last some time, since it is possible that appeals will be taken by either side as a result of any decision which the court might render. LACUNA PUEBLO. For this pueblo there is a case pending involving a conflict with the Cebolleta grant, one with the Cuvera grant, and another with the Baltazar Baca grant. The case was argued and submitted in September of this year, but the briefs have not been completed; the land involved in all three conflicts is in the neighborhood of 15,000 acres and probably more. ISLETA PUEBLO. A case is now pending involving the title of tlie Pueblo of Isleta to about one- half of the Lode de Padilla grant, which is a purchase grant belonging to tliis pueblo granted in addition to tlieir pueblo grant. The case involves about 10,000 acres and was argued and submitted in the month of September of this year. It is of great importance to the Indians, but, unfortunately, complicated for them by the fact that about the year 1795, the pueblo appears to have deeded to the settlers at Peralta, on this grant — one-half of the grant. Just how this can be overcome is the question involved. My theory is that tliey have gained title to the whole tract by possession and the failure of the Mexicans to assert title to the same for many, many years prior to tlie bringing of the suit by the Mexican claimants. There is about 10.000 acres of very valuable land involved in this case. SAN ILDEFONSO. A suit to quiet title upon the pueblo grant is now pending in the State court aud has not progressed very far, due to the fact that we have had no funds available to make the proper survey. SANTA CLAEA. There is a suit to quiet title upon this pueblo grant in the State court, which suit is in about the same condition as is stated in the preceding paragraph. SANTA ANj^. There is a suit to quiet title in the State court of lands claimed by the Santa Ana Pueblo outside of their pueblo grant, some thousand or more acres are involved. The case is at issue and will be tried in tHe near future. SANTA DOMINGO. Suit to quiet title has been brought for the special purpose of removing from the grant lands certain settlers in the town of Sile, which lies within the pueblo grant, who have been extending their fences upon the Indians' land, and final hearing has been called by the referee for the 20th of this month on this matter and the case should be determined within the near future. 506 INDIAN APPEOPEIATION BILL. SAN JUAN. A fuse is now pending on this put'blo involving tlie rigbt of an individual Pueblo Indian to sell his holdings inside of the grant. This is an important question, testing as it does thi' right of an individual pueblo Indian to alienate his lands which have been assigned to him by the pueblo government. Under the decision of the Sandoval case it would ajipear that I have won this case, ss it has always been my contention that a community of pueblo Indians on their lands as community aad that no individual has any titJe to any distinct separate tract. The case is before the State court upon a demurrer to my evidence. IN GENERAL. The above does not begin to set out the time and labor which the special attorney must devote to tiis vvorlc under present conditions. Constant consul- tation and oftentimes visits to the Pueblos themselves are required, and the time occupied in preparation of and diseharjie of the duties of the office is con- siderable. This condition will imdoubtedly be increased and more work required Ijeeause of the decision of the Supreme Court in the Sandoval case, The decision in the Sando\al case has a most important bearing upon the future of the Pueblo Indians, and much legal work will have to be done in getting their land titles in condition so that in the future their lands can be allotted. We are looking forward to the time when allotment can come as the final solution of all their difficulties. There is not a Pueblo grant in the State which is without squatters, and the question of their title to such lands must be determined before we can be certain as to what lands are reahy owned by the Indians. This question is also important in its bearing upon the introduction of liquor and sale of liquor within the boundaries of their grants. Without definitely ascertaining the boundaries of their lands, it is impossible to say whether their titles h;ivc been extingnished to cert;iin tracts now claimed adversely to Ihem and upon which liquor is sold or habitually introduced. In order that nuch questions may be satisfactorily determined each Pueblo grant must be surveyed and the " small-holding claimants to which adverse title has been acquired should be surveyed out as a basis for a suit to quiet title, so that by an adjudication by a court of competent .iurisdiction the exact limits .and boundaries of Indian land may he determined and the law as to Indian country then properly applied. I shall have a more extensiAe report to furnish the office as to this phase •of the pueblo question as soon as I have had an opportunity for a meeting Avith Supts. Lonegran and Coggeshall upon the entire situation. However, as I view the matter, I believe that the allowance of $2,000, pro- vided for in the aojiropriatiori bill for my position, i.s very much too small to constitute a proper remuneration for the position. This matter has been i-epeatedly before the Secretary of the Interior and recommendations made tor an increase in the amount, lu fact such increase has been before Congress, though unsuccessfully. The amount of legal work which is imposed upon the special attorney has increased double and treble what it was before tlie present incumbent canie into the office, and it har-dly seems lust that he should be I'eqiiired to work in cases of great importance for the amount .stipulated in the -ippropriation bill, which, as a matter of fact, nets him only $1,500. \evy respectfully, yours, Fbancis C. Wilson, Special Attorney, etc' The Chair-\ian. That is the same language and the same amount you had last year? Mr. Meriti'. Yes, sir. The Chairman. What is the next item? Mr. Meritt. The next item reads as follows : There is hereby appropriated the sum of $200,000, to be immediately available and to remain available until expended, and the Secretary of the Interior is authorized to use this monfey, or so much thereof as may be necessary, under such regulations as be may prescribe, for the promotion of civilization and seli- fiupport among the Indians residing and having tribal rights on the Mescalero Indian Reservation in New Mexico, the said sum to be expended in the purchase INDIAN APPKOPEIATION BILL. 507 of live stock, seed, vehicles, harness, niiichiuery, tools, impleiueuts, fiiui other agricultural equipment, for the construction of houses for said Indians, and for such other purposes as the Secretary of the Interior may deem proper in pro- moting their civilization and self-support: Proiiilvd. Tliat said sum shall be expended under conditions to be prescribed by the Secretary of the Interior lor its repayment to the United States on or before June thirtieth, nineteen hundred and twenty-tive; and all repayments to this fund made on or before June thirtieth, nineteen hundred and twenty-four, are hereby reappropriiited for the same purpose as the original fund ; and the entire fund, including such repayments, shall remain available until June thirtieth, nineteen hundred and twenty-four; and all repayments to the fund hereby created which shall be made subsequent to June thirtieth, nineteen hundred and twenty-four, shall be covered into the Treasury and shall not be withdrawn or applied exceirt in conseipieuce of a subsequent appropriation made by la«'. We offer the following justification for this item : Indian population (;2!) Acreage of reservation area 474,240 Acreage of agricultural land 9,210 Acreage of grazing land ^ l r,51. 2S0 Acreage allotted lands None, Acreage under ditch .' 210 Acreage cultivated by Indians 1.120 Irrigated 125 Not irrigated 995 Ijive stock : Horses 300 Mares 800 Stallions, pony : 20 Cows and heifers 200 Bulls 4 Steers 15 Sheep 12, ]50 The Mescalero Indian Reservation carries timber estimated at one and a half billion board feet and valued at four and a half million dollars. Under present conditions timber is of little present worth to them. and. while they have great potential resources, they are really suffering much of tl;e time for want of proper and sufficient subsistence and clothing. It will be noted that the agricultural land is very limited and that only 210 acres of it are now imder ditch. While the amount of agricultural land is given as 9.210 acres, as a matter of fact this land is of rather low grade ; hence there is very little future prospect for these Indians agriculturally. There is a large acreage of reservation land well suited for grazing, but the Indians own such a small amount of live stock that it contributes but little to the upkeep and is entirely insutlicient to become a basis for the purpose of stock- ing their grazing, lands. " By reason of this a large portion of the grazing lands of the reservation is now leased to white stockmen that the grass may be con- sumed and the rental therefrom made to contribute to the uiikeep of the Indians. It is estimateu that it would require about .$600,000 or ifTfm.OtiO to .supply stock sufficient to rejilace the number now being grazed under the permit system. The reservation force of employees is about sutfic-ient to manage and supervise all live stock that the reservation would carry except such range riders as could be sufiplied through the employment of members of the tribe. While these Indans are not allotted, many of them have been given tentative selections on which they should be building homes, hut are unable to provide themselves with the necessary material for construction. Neither are they able to fence the lands necessary for the control of their domestic live stoi.'K. This appropriation is asked for for the purpose of suiipl.vmg the needs ot the Indians as set forth above, and particularly with a view of piirchasing live ■stock with which to stock the reservation instead of leasing it to whites. While on other reservations the Government has provided reimbursable appropria- tions for the development of the agricultural lands through the construction ot irrigation projects, little has been attempted along the lines indicated above ■where agriculture is impossible but where the live-stock industry otters excel- lent prospects. . „ ,. ,„ „, „„ (.,.,;„ Estimates made on the profits coming from the grazing of live stock on this reservation clearlv show that if it were reasonably stocked the profits would be 508 INDIAN APPROPRIATION BILL. quite sufficient to maintain the tribe, and througli this industry to permanently establish them along the lines of self-support. Statement of tribal assets and Ka.'bUities, Mescalero Reservation. Unallotted lands. Acres. Value. 9,210 40,000 350,000 75,000 8407,300 160,000 4,552,700 Timber Unfit for any purpose board feet.. Timlisr 474,210 1,600,000,000 5,119,800 4,50^000 Total value 9,619,800 This reservation is all unallotted. On June 30, 1913, there were no tribal funds ivi tlie Treasury, and no reim- bursable funds have been appropriated by Congress. No allotments have been made and no legislation is pending to allot. This reservation was created by Executive order and embraces approximately 500,000 acres. No allotments have been made here, and the Indian population aggregates 412. This number, however, has been increased by the transfer of 187 Fort Sill Apaches, formerly on the Fort Sill Reservation, Olila., who have been admitted to full tribal rights of land, money, and other benefits with the Mescalero Indians. A large part of the reservation has not been surveyed, and there is no authority under existing law for the disposal of any of the surplus other than by restoration to the public domain. The Ci-iAiEMAN. Have you any estimate of the amount of timber on that reservation ? Mr. Meritt. Yes, sir ; they have timber valued at four and a half million dollars. Here is a case where Indians are almost absolutely in need of the necessaries of life, in need of clothing. They possess great wealth, and we are not making the proper use of that wealth to get them started industrially. If Congress will loan these Indians this money they will soon be self-supporting, and Congress will not take the slightest chance of losing a dollar of this reimbursable ap- propriation. The Ci-iAiRMAN. What steps are you taking now to develop the lumber industry on that reservation ? Mr. Sells. We do not have transportation facilities there now. The Chairman. Have you any mills on the reservation at all? Mr. Meritt. We have one mill. The Chairman. For what purj)ose is the lumber being used that is now being sawed ? Mr. Meritt. It is being used to build homes for these Indians. The Chairman. What steps are you now taking toward opening up farms for them? Mr. Meritt. Very little has been done heretofore, but I think you will find that the commissioner will begin active work along that line on all reservations. The Chairman. I saw on the east side of the mountains, on a recent tfip there, quite a number of farms that were being opened up for the Indians, and I also observed a sawmill there with which they seemed to be doing good work. Mr. Meritt. They have been cutting timber there for these Indians recently. IJNLIIAJN AJr'l'KOJi'KIATION BILL. buy Mr. Sells. These Indians have been showing a splendid dispo- sition for industry. The Chairman. About how many cattle have been heretofore grazed on this reservation, and about how much per head do you get for them ? Mr. Davis. There have not been a great many outside cattle there. It has not been a very enticing proposition for cattlemen. The Chairman. Can you furnish the committee with the number of cattle and the names of the men who have owned those cattle, the men who have pastured cattle on the reservation in the last two or three years ? Mr. Meeitt. AVe will be glad to get it for you. The Chairman. Insert it at this point. Can you give us an esti- mate of the approximate amount received by the Indians for this? You can put that in also. Mr. Meritt. The information requested is as follows : Honeys received for grazing on Mescalcro Rc.srrriition. Permittee. Term. Number. Kind. Rate. Amount. CakTidwr year WIS. J. B. Wingfleld 1 year .. .do 200 3,000 2,600- 8,000 500 60 200 50 2,500 7,000 500 800 1,200 50 768 238 Cattle do do Sheep Cattfe do Cattle do do Sheep Hogs Cattle .,...do do do Hogs $1.00 1.00 1.00 .25 1.00 1.00 1.00 1.00 1.00 .25 .25 1.00 1.00 1.00 1.00 .10 S. S. Ward . 3 ono no do C M Dp "prRmnTid .do .. . 2,000.00 S. S. Ward do J. H. Phaiips,. do .. .. 50 00 1 year do Calendar year WIS. J. B. Wingfleld 8, 250. 00 200. 00 R. W. Turner. . 60.00 T,. R. Tarniehill do 2, 600. 00 do 1, 750. 00 Ira 0. Wetmore .do 125. 00 S.S.Ward 4 months — 1 year do 266.67 7?.. R Cnnnpll 1,200.00 J.H. Phillips 50.00 trnited States Puhlic Health Service A . .T. fJilmnrp do 2 months 768.00 23.80 6,933.47 The Chairman. Are the Indians making any advance — the orig- inal Indians — making any attempt at irrigation and farming ? ' Mr. Meeitt. They have been trying to develop a little irrigable land there by drilling wells and getting water that Avay. Some work has been done along that line. The Chairman. I notice you have a small farm at the reservation that seems to be doing very well ? Mr. Meritt. Yes, sir. Mr. Carter. Does this appropriation here provide for the pur- chase of stock also ? Mr. Meritt. Yes, sir. Mr. Carter. Do you contemplate purchasing cattle or sheep ? Mr. Meritt. We contemplate purchasing cattle. Mr. Carter. Isn't that more of a sheep country than a cattle country ? 510 indiajSt appeopeiation bill. jNlr. Sells. In that particular place the cattle would probably be more advantageous. Mr. Carter. I was talking to a stockman out there and he told us that it was Iiis impression that it was a better sheep country than cattle country, because it takes about 30 acres to pasture one cow. Mr. Sells.' We will further investigate that feature of it. Mr. Carter. The Mescalero war prisoners are on this reservation, are they not? Mr. Meriti'. Yes, sir. Mr. Carter. Are they satisfied ? Mr. Meritt. They have only been there a few months, but we have heard of no dissatisfaction. • Mr. Carter. They seem to be satisfied so far as you Imow? Mr. Meritt. Yes, sir. Mr. Btjrke. The appropriation proposed here, and others, with the exception of the northern Cheyennes, is expected to be used for the purpose of purchasing stock, implements, etc., for individual Indians, is it not? Mr. Meritt. Largely, except that stock will be purchased for the tribe on the Mescalero Reservation. Mr, Carter. Then, on the Mescalero it is contemplated that you- will purchase the stock for all the tribe rather than for individuals? Mr. Meritt. Yes, sir. Mr. Carter. But on such reservations as the Flathead, Fort Peck, and others it would contemplate furnishing implements and stock to individual allottees, and you would hold them individually responsi- ble to the fund to repay any amount that they borrowed, would you not? Mr. Meritt. Where we used it for individual purposes, we would hold the Indian individually responsible. Where it is used for tribal purposes, we would hold the tribe responsible. Mr. Carter. We would want to hold the tribe for all of the indi- vidual obligations, in mj' opinion, and then the individuals as far as it was possible, make him pay back what he got, if he got the direct benefit of it. There is no appropriation being made for the support and civilization of the Mescalero Indians, is there? Mr. Meritt. Nothing except from the general appropriation for the support and civilization of Indians in Arizona and New Mexico. Mr. Burke. It is in the item for Arizona and NeM^ Mexico to- gether ; there is no appropriation for New Mexico in the bill ? Mr. Meritt. No, sir. Mr. Btjrke. Then, the expense of that agency is paid from the general appropriation for the support and civilization of Indians in Arizona and New Mexico ? Mr. Meritt. Yes, sir. The Chairman. We will adjourn at this point until to-morrow morning at 10 o'clock. The Chairman. What is the next item? Mr. Meritt. The next item reads as follows : Sec. 14. For fulfilling treaties with Senecas of New York : For permanent an- nuity in lieu of interest on stock (act of February nineteentli, eighteen hundred and thirty-one), $6,000. II^TDIAK APPROPRIATION BILL. 511 Mr. Meeitt. We offer the following justification for this item : Fulfilling treaties with Senccas of Neic York. Fiscal year ending June 30, 1914: Amount appropriated $6,000.00 Fiscal year ended June 30, 1913 : Unexpended balance from previous years 2, 671. 89 Amount appropriated 6, 000. 00 8, 671. 89 Amount expended 5, 995. 87 Unexpended balance 2, 676. 02 ANALYSIS OF EXPENDITTJBE. Per capita payments 5, 995. 8T Indian population, 2,214. _ Article 8 of the treaty of February 28, 1831 (7 Stats., 348), provides that— " The United States will expose to public sale, to tlie highest bidder, at such times and in such manner as the President may direct, the tracts of land ceded, by the Seneca Indians ; and after deducting from the proceeds of such sale, the minimum price of the public lands ; the cost of building the saw and grist mills and blacksmith shop for the Senecas ; the cost of surveying the lamds ; and the sum of $6,000 to be advanced in lieu of their present improvements; It is agreed that any balance which may remain of the avails of the land after sale as- aforesaid shall constitute a fund for the future exigencies of the tribe, on, which the Government of the United States consent and agree to pay to the chiefs of the nation, for the use and general benefits of the nation, annually five per cent of said balance as an annuity * * *." In the fulfillment of this moral and legal obligation on the part of the Fedetal Government the sum of $6,000 is necessary. Section 1 of the act of February 19, 1831 (4 Stat. L., 442), entitled "An act to provide hereafter for the payment of $6,000 annually to the Seneca Indians, and for other purposes," reads as follows : "That the proceeds of the sum of $100,000, being the amount placed in the hands of the President of the United States, in trust for the Seneca Tribe of Indians, situated in the State of New York, be hereafter passed to the credit of the Indian appropriation fund ; and that the Secretary of War be authorized to receive and pay over to the Seneca Tribe of Indians the sum of $6,000 an- nually in the way and manner as heretofore practiced, to be paid out of any money in the Treasury not otherwise appropriated." The Chairman. There is no change in the amount there ? Mr. Meeiit. No ; there is no change in the amount or language. The next item reads as follows : For fulfilling treaties with the Six Nations of New York: For permanent annuity, in clothing and other useful articles (article six, treaty of November eleventh, seventeen hundred and ninety-four), $4,500. We offer the following justification in the support of this item : Fulfilling treaties irith Six Illations of New York. Fiscal year ending .June 30, 1914, amount appropriated $4, 500. 00 Fiscal year ended June 30, 1913 : Unexpended balance from previous years 117.07 Amount appropriated 4, 500.00 4, 617. 07 Amount expended ^ 3, 712. 02 Unexpended balance 905- 0^ 512 INDIAN APPKOPBIATION BILL. ANALYSIS OF EXPENDITUEE. Wearing apparel, etc $2,715.3] Per capita payments 996.71 3, 712. 02 Article 6 of the treaty of November 11, 1794 (7 Stat. L., 44), with the Six Nations of New Toik provides : " In consideration of the peace and friendship hereby established and of the engagements entered into by the Six Nations, and because the United States desire, with humanity and kindness, to contribute to their comfortable support, and to render the peace and friends-hip hereby established strong and perpetual, the United States now dejlver to the Six Nations and the Indians of the other nations residing among and united with them a quantity of goods of the value of ten thousand dollars ; and for the same considerations and with a view to promote the welfare of the Six Nations, and of their Indian friends aforesaid, the United States will add the sum of three thousand dollars to the one thou- sand &\e hundred dollars heretofore allowed them by an article ratified by the President on the twenty-third day of April, 1792, making, in the whole, four thousand five hundred dollars, which shall be expended yearly forever in pur- chasing clothing, domestic animals, implements of husbandry, and other uten- sils suited to their circumstances, and In compensating useful artificers who shall reside with or near them and be employed for their benefit." It will be seen from the foregoing that the treaty items in question are per- manent, but these annuities may be commuted under the provisions contained in the act of April 30, 1908 (35 Stat. L.. 70-73), reading as follows: " That the Commissioner of Indian Affairs is hereby authorized to send a special Indian agent, or other representative of his ofilce, to visit any Indian tribe for the purpose of negotiating and entering into a written agreement with such tribe for the commutation of the perpetual annuities due under treaty stipulations, to be sub,1ect to the approval of Congress; and the Commissioner of Indian Affairs shall transmit to Congress said agreements, with such recom- mendations as he may deem proper." The total Indian population in the State of New York approximates 6,000. The total acreage of Indian land in that State comprises 87,677 acres. There is no title in the United States in and to this land, however, New York being one of tlie 13 original Colonies, and has uniformly maintained jurisdiction over land matters connected with the Indians in that State. This i.- a treaty item, and the same amount is asked for here that has been appropriated for a number of years. There is no change in the language of the item. Mr. Caetee. Is there any end to those things, Mr.-Meritt? Mr. Meeitt. If the committee sees proper to put an item in this bill directing the Indian Office in submitting their estimates here- after to omit therefrom all treaty items except perpetual annuities and benefits and in cases where treaty appropriations are necessary for the support and civilization of the Indians to ask for gratuity appropriations, we can eliminate from this bill a large number of treaty items that are now found in the bill. Mr. Carter. Is this perpetual? Mr. Meritt. These two items are perpetual. They may be com- muted, however, under existing law, but it would require a large appropriation to do it. Mr. Carter. • Ave those nations now about fully civilized ? Mr. Meritt. No, sir ; the New York Indians are not fully civilized, but a large number of them are self-supporting. Mr. Caritdr. Can you give us any idea as to how many are self- supporting ? INDIAN APPEOPEIATION BILL. 513 Mr. Meeitt. In answer to this question I would submit the fol- lowing : The records of the Indian Office show that all the Indians cdiuiected with the New York Agency are self-supporting. No rations are issued and none rely upon the Government for help,- except, of course, in so much as the per capita payments from tieaty funds. and the gifts of clothing from the appropriation " Fulfilling treaties with Six N-atious " help them meet their expenses. Mr. BuEKE. There is a general law that provides for commuting and a great many have been commuted, but so far you have not been successful in commuting these, or else they were not accepted after they were commuted ? Mr. Meeitt. We attempted to commute one of these treaty appro- priations, and the Wisconsin branch of the New York Indians ob- jected to the terms of the agreement. Mr. BuEKE. Senator La Follette defeated it in the Senate. We passed it here in this committee, but it was defeated in the Senate because of the Wisconsin branch objecting to it. The Chaieman. Then Avould you be willing to draft and present to us the provision that you mention, which will eliminate from the bill these treaty items ? Mr. Meeitt. I will be glad to draft an item along that line. My suggestion is not to eliminate the treaty provisions for this year, but next year, in drafting the bill, to eliminate all but the perpetual treaty items, and provide gratuity appropriations where we now provide for blacksmiths and farmers, and so forth. The Chaihmax. You will follow that in the next bill? Mr. Meeitt. We are required under existing law to follow the bill of the previous year. Mr. BuBKE. But we have the right to leave out anything, and if you bring to our attention any treaty item that you think we are not obligated to provide for, we can leave it out, and we have been trying to do that and have left a great many of them out. As I say, a few years ago we found a number of them that had expired. We were no longer required to continue the appropriation. The Chaieman. We arranged to shorten and simplify the bill if possible. Mr. Btjeke. As I understand it, your statement is that you would eliminate treaty items and then make gratuity appropriations for the same amounts, so we would not save anything in the amount appro- priated ? Mr. Meeitt. Where gratuities are necessary, and that would apply not to the perpetual treaty items, but simply to those that continue in the discretion of Congress. Mr. Caetee. What is this money used for ? Mr. Meeitt. This item that we have now is used in the purchase of clothing and other useful articles for these Indians. These things are purchased and used by the Indians each year. Mr. Bueke. There is a per capita payment too ? Mr. Caetee. How many of them are there, do you know ? Mr. Meeitt. There are about 6,000 of the New York Indians altogether. Mr. Caetee. Does this apply to all the 6,000, these two items? Mr. Meeitt. Yes. 24455—14 33 514 INDIAN APPROPEIATION BILL. Mr. Carter. You appropriate $10,500 for the 6,000 Indians? Mr. Meritt. Yes, sir. Mr. Carter. Are there any other funds used for them besides this $10,000? Mr. Meeitt. Except the appropriation for the expense of the New York Agency, which has been $2,260 heretofore. Mr. Carter. Where do you find that? The Chairman. That is on page 58. Mr. Carter. Oh, I see ; that is the next item. Mr. Meritt. Yes, sir. Mr. Carter. How many of these Indians are there that are self- supporting, and how many partially self-supporting, and how nfany rely wholly upon the Government? Mr. Meritt. That will be included in the statement to be sub- mitted as previously noted. Mr. Burke. This treaty item. No. 95, is an obligation that the Government has got to recognize. It says, that $4,500 shall be ex- pended yearly forever. To commute that would probably ""take $100,000. Mr. Meritt. Yes, sir ; it would take between $80,000 and $100,000. The Chairman. What is the next item? Mr. Meritt. The next item reads as follows : For expenses of New York Agency, including pay of employees, $2,500. We offer for the record the following justification in support of that item: Pay of employees, New York Agency, N. Y. Fiscal year ending June 30, 1914, amount appropriated $2,250 Fiscal yefir ended June 30, 1913: Amount appropriated 2,250 Amount expended 2, 250 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 2,250 Indian population, 1,348. It hfs heretofore been necessary to employ a special agent, a physician, and clerk in order to look after the welfare of these Indians and to supervise their affairs and the furnishing of the articles as provided for in the treaties witli these Indians. No allowance has been made for office contingencies, fuel, and light, and the increase of $250 over the amount heretofore allowed will be used for those purposes. Under the wording of the act as it now reads the fund is available only for salaries, and although a position may be vacant the savings can not be used for other purposes. Typewriter, stationery, office furniture, and the like are essential and necessary to properly .maintain the office, and the funds will be used for that and other necessary purposes. _ The Chairman. Suppose you add, after the word " agency," in line 18, the word " expenses," and leave the language just as it is? Mr. Meeitt. That will be satisfactory. The Chairman. Then we will insert the word "expenses" and leave the language as it is. Mr. Meeitt. All right. Mr. Burke. This is another one of the items for which appropria- tion was made two or three years ago that formerly had been carried in the item for general expenses? Mr. Meritt. Yes, sir. INDIAN APPROPBIATION BILL. 515 Mr. BuEKE. And your preference would be to have all tliose items left out and the estimate for general expenses increased sufficiently to cover those different items providing for employees at the different agencies ? Mr. Meritt. Yes, sir ; provided that is agreeable to the committee. (The list of agency employees called for elsewhere is submitted here:) New Yorlc, N. Y. Number and position. Rate of pay. Total. Payable from — White: 1 aoecial aeent $1,050 600 600 SI, 050 600 600 Pay of employees, New York Agency, Do' ' ^ Do! ^ 2,250 The Chairman. What is the next item? Mr. Meritt. The next item reads as follows : For support and education of one hundred and eighty Indian pupils at the Indian school at Cherokee, North Carolina, and for pay of superintendent, $30,000; for general repairs and improvements, $8,000; in all, $38,000. We offer for the record the following justification : Indian school, Gherolcee, N. G. Fiscal year ending June 30, 1914, amount appropriated $36, 000. 00 Fiscal year ended June .SO, 1913 : Amount appropriated 32, 000. 00 Amount expended 25, 830. 74 Unexpended balance 6, 169. 26 This is not a final balance, as there are probably outstanding obligations yet to be charged against the appropriation. ANALYSIS or EXPENDITUKES. Salaries, wages, etc $12, 609. 00 Transportation of supplies 13.98 Telegraph and telephone service 4. 07 Miscellaneous material 52. 29 Stationery 12. 78 Fuel 1, 245. 63 Mechanics' supplies 4. 19 Cleaning and toilet supplies 66. 89 Wearing apparel 2, 977. 91 Forage 733. 02 Provisions 3, 970. 32 Equipment 1. 967. 39 Construction and repairs 1,833.45 Medical supplies '. 275. 07 Miscellaneous 64.75 Total 25, 830. 74 Also $6,0OQ for buildings in 1913 act, $999.62 of which was expended. 516 INDIAN APPEOPKIATION BILL. statistical statement for year ending June 30, 1913. Value of school plant $47,550 Number of buildings 21 Number of employees 20 Total salaries $17, 450 Average attendance of pupils 160. Enrollment 199 Capacity 160 Cost per capita $150 Area of school land acres— 160 Value of products of school $2,010 Superintendent's estimate of absolute needs for 1915 : i> Support 31, 225 Repairs and improvements 8,000 rj», Total 39, 225 Indian school, Cherokee, N. C, 1915, amount requested in proposed bill : For support of ISO pupils and pay of superintendent 30,000 Repairs and improvements 8,000 Total 38,000 AU of the buildings at the Cherokee School, North Carolina, except the boys' dormitory, are badly in need of repairs. Owing to the large number of Indian children of school age on the reservation, the present capacity of 160 is far too small to meet the demands vrithout overcroveding. The electric lighting system, which was put out of commission a few years ago by a freshet, has never been repaired and should be reinstalled. The above-named improvements are an absolute necessity to put the school plant in condition to do the work it should, and the $8,000 requested will only do a small part of it, but it is thought that this amount will be a sufficient expenditure for one year. INDIAN SCHOOL, CHEROKEE, N. C. The Indian population of the Cherokee Tribe under the jurisdiction of the Cherokee School approximates 2,000 and the available acreage consists of 63200 acres of land, title to which stands in the name of " The Eastern Band of Cherokee Indians," incorporated under the laws of the State of North Caro- lina. No division of this land in severalty has yet been made other than indi- vidual deeds covering some 132 tracts, which were granted to specific Indians by the originator of the plan under which these lands were acquired prior to incorporation. Salary list in effect Dec. 20, 1913. [Payable from " Indian School, Cherokee, N. C, 1914."! Capacity, 160; enrollment, 198; average, 158. Salaries : Superintendent $1, 600 Clerk 1,000 Physician 1, 200 Teacher ' 840 Do 690 Kindergartner 630 Disciplinarian 660 Matron 720 Assistant matron 540 Seamstress 540 Laundress 540 Salaries — Continued. Baker Cook- Carpenter Shoe and harness maker — Gardener Engineer Assistant Do__^ Laborer $540 540 720 660 600 600 300 300 300 Total 13, 520 _ The Chairman. Is that the same amount and the same item car- ried last year? Mr. Meeitt. There is an increase of $2,000 in the repair and im- provements fund. INDIAN APPEOPEIATION BILL. 517 The Chairman. That is the ordinary increase carried through- out the bill? Mr. Meeitt. We are asking for an increase for repairs and im- proTements at a number of these schools on account of the condition of the plants. The Chairman. Is not that the case with all of them ? I have not been able to discover any yet that have not been increased. Mr. Meritt. Yes, sir; the superintendents are asking for general increases for repairs and improvements. The Chairman. On a percentage basis ? Mr. Meeitt. No, sir. Mr. Caeter. How many of these Cherokee Indians are there ? Mr. Meeitt. About 2,300. Mr. Carter. Do they have any lands at present? Mr. Meritt. Yes, sir. Mr. Carter. How much? Mr. Meeitt. They have quite a reservation. They have 63,211 acres. Mr. Caeter. Have their lands been allotted ? Mr. Meeitt. No, sir. Mr. Carter. They just live on the reservation like primitive In- dians ? Mr. Meritt. Those Indians are doing right well; they are farm- ing and making a living. Mr. Carter. Don't you think it would be a good idea to have their lands allotted? Mr. Meritt. Yes, sir. We have had considerable difficulty in con- nection with enrollment matters there, and a special agent has re- cently been appointed to straighten out the enrollment question. Mr. Carter. With a view to making allotments ? Mr. Meritt. With a view to giving each Indian an allotment and dividing up the property. That work is being carried on now. Mr. Carter. How much are they mixed with white blood ? Mr. Meritt. They are mixed considerably. Mr. Carter. One-half of them, I suppose, are mixed bloods ? Mr. Meeitt. Yes, sir. Mr. BuEKE. Mr. Meritt, I wish you would put in your justification for this and all other nonreservation school items the amount paid in each instance to the superintendent. Mr. Meritt. Yes, sir. Mr. Carter. There is another thing that I believe would be of value to the committee, and I suggest that you state in each case the number of Indians Mr. Burke (interposing). At nonreservation schools? What do you mean by the number of Indians ? Mr. Carter. The number of Indians on each reservation, and the number of acres of land of each reservation, and the condition as to allotments or condition as to title or ownership. Mr. Meritt. That is, you want that information in connection with all reservation support items ? Mr. Carter. On every reservation item I would like to have that information. Mr. Btjrkb. We have a document here which, I think, contains a statement showing the number of acres on each reservation. 518 INDIAN APPEOPEIATION BILL. The Chairman. And will you give in each instance the amount of the superintendent's salary? Also state whether or not he is the agent for the reservation. We would like to have that informa- tion in order to determine whether or not his salary is justified. The Chairman. What is the next item? Mr. Meeitt. The next item is as follows : For support and civilization of the Sioux of Devils Lake, North Dakota, Including pay of employees, $5,000. We offer for the record the following justification in support of that item : Support of Sioux of Devils Lake, N. Dak. Fiscal year ending June 30, 1914 : Amount appropriated $5, 000. 00 Fiscal year ended June 30, 1913 : Amount appropriated 5, 000. GO Amount expended 4, 916. 79 Unexpended balance 83.21 ANALYSIS OF EXPENDITTJEES. Salaries, wages, etc 3,858.99 Traveling expenses 39. 65 Telegraph and telephone service 16.39 Miscellaneous material ^ 124. 86 Fuel 41.25 Forage 320.56 Provisions 167.12 Equipment 268.27 Medical supplies 77. 95 Miscellaneous 1.75 Total 4,916.79 There are under the jurisdiction of the superintendent of the Fort Totten School very nearly 1,000 Indians of the Devils Lake Sioux tribe. No increase over the appropriation for 1914 is asked, and the sum carried by the estimates submitted herewith will, if allowed, be used in paying the salaries to agency employees in the sum of $3,800 and the balance, $1,200, will be used for general incidentals, such as rations for indigent Indians unable to support themselves, for traveling expenses, and for fuel, etc., for employees' quarters as provided in the appropriation bill for the fiscal year 1914. The work at this agency consists largely in administering the land affairs of the Indians and in encouraging them in the various pursuits of industry. Less than $100 of the appropriation allowed for the fiscal year ending June SO, 1913, was returned as unexpended to the Treasury, and it is believed that the amount herein called for will be barely sufficient for the urgent needs of the agency. This reservation was originally created by treaty, and in the early nineties allowments were made to 1,189 Indians, covering an aggregate area of 137,380 acres. The surplus lands within the reservation were opened to settlement and entry by proclamation of June 2, 1904. (33 Stat. L., 2368.) No tribal land remains in this reservation other than a few acres reserved for school and administrative purposes. Mr. Chairman, this is the same amount that has been appro- priated for this agency for the last year. The Chairman. There is no change in the language and no dif- ference in the amount? Mr. Meeitt. There is no change, except that we have added this language: "Including pay of employees." That was done in order to make clear the intent of the appropriation, because some of the employees are paid out of this fund. This language will not increase any salaries nor create any new positions. INDIAN APPEOPEIAilON BILL. 519 The Chairman. It has been the custom to pay the employees out of the fund for support and civilization? Mr. Meeitt. Yes, sir. The Chairman. Then, why include this language? Mr. Meritt. It is done in order to make the bill uniform. Some of these support items have that language, " Including the pay of employees," and others have not; and the question was raised before the Senate committee last year. That language is inserted in order that the question may not be raised again. The Chairman. It is done in order to make the bill uniform ? Mr. Meeitt. Yes, sir. You will notice that the next item has those words. It is done in order to make all these support items uniform. Mr. Carter. I notice in the justification the statement that you have 1.000 Indians at the Devils Lake Agency ? Mr. Meritt. Yes, sir. Mr. Carter. Is all of this $5,000 to be used for support and civili- zation and the pay of employees at that agency ? Mr. Meritt. We undoubtedly pay the school employees out of the school-support fund. Mr. Carter. Is this all that is used there except the fund for schools ? Mr. Meritt. This will cover the agency employees. There may be some farmers paid out of the appropriation for industrial work and care of timber. Mr. Carter. Can you tell how many employees you have there? Mr. Meritt. We can get up a statement showing the number of employees. Mr. Carter. I wish you would get up a statement showing the number of the employees and the amounts paid them at every agency and the funds out of which they are paid. Mr. Meritt. You want the statement to show the appropriations out of which the employees are paid ? The information with regard to this agency is as follows : Fort Totten, N. Dak. Number and position. Rate of pay- Total. Payable from— White: Iclerk SI, 400 1 1,200 840 360 840 600 660 180 p.m. 20 SI, 400 1,200 Support of Sioux of Devils Lake, N. Dak., 1914. Do. 1 physician 2,600 Indian: ' 1 assistant clerk 840 360 Do. Do. 1,200 Miscellaneous: 1 farmer 840 600 660 180 Do Do. 1 field matron Do. 1 assistant field matron Do. 2,280 3privat»s .... 720 Pay of Indian police, 1914. ■ Third and fourth quarters from Indian School, Fort Totten, N. Dak., 1914. 520 INDIAN APPKOPBIATION BILL. Mr. BuEKE. I would like to call your attention to House Docu- ment No. 328, Sixty-third Congress, second session, page 8. I call your attention to the item " Devils Lake, proceeds of Devils Lake Keservation, N. Dak." In the columu " For salaries and employees," the amount stated is $35,369.68. I would like to have you explain that item. Mr. Meeitt. I would have to look up the books at the office and ascertain the exact number of employees. Under the comptroller's decision the Secretary of the Interior is vested with authority to use " Indian moneys, proceeds of labor," in his discretion, for the benefit of the Indians, and I judge that these employees are paid out of Indian funds under that discretionary authority of the Secreteiry of the Interior. I might state here for the record that the Indian bill is a kind of hodgepodge piece of legislation, as probably every- one realizes. We are required by law to submit our estimates in the form of the previous year. There are probably more separate items of legislation in the Indian bill than in any other general supply measure -making provision for any other bureau of the Government. "We pay employees at the different agencies out of different funds. For example, our farmers are paid out of the appropriation known as "Industrial work and care of timber," our school employees are paid out of the appropriation known as the " Indian schools sup- port," and our forestry employees are paid out of the appropriation known as " Industrial work and care of timber." Then we pay cer- tain other employees out of Indian moneys. Under the law we are required to submit our estimates in the form of the previous year. The Chaieman. Does the law require that ? Mr. Meeitt. Yes, sir ; it is the law. Mr. Btjeke. Mr. Meritt, it could not be possible that with 1,000 Indians at the Devils Lake Agency, N. Dak., $35,000 could have been paid to employees for any one year, could it? It must include the entire expense of the schools. It would seem to me that the docu- ment from which I quoted is inaccurate, and I would like to have an explanation of it. Mr. Meeitt. You will notice from that table that that amount includes all the funds used at that agency for administrative, educa- tional, or industrial purposes, and the heading is, " Disbursed from public or trust funds during fiscal year 1913. Now, that includes the two items. Mr. BuEKE. In the way the report is gotten up it is misleading, if what you say is true, because in the column for salaries of employees appears the item of $35,369.68, and no other interpretation could be given to it than that it was paid out for the salaries of employees. Mr. Caetee. Let us have an explanation of just what you mean by each one of those headings over the disbursement of those funds. Explain what is meant by the heading " For per capita payments in money," and put in the record a statement showing what you mean by all of those headings. For instance, explain what is meant by the heading, " For compensation of counsel and attorney's fee." Suppose you take them up separately and explain theru. Mr. Meeitt. The heading " For per capita payments in money " simply means that we have paid out that much money for the Indians. Mr. Cartee. Is that only the money you have paid directly to the Indians, or does it also include the expenses of the payments? INDIAN APPBOPKIATION BILL. 521 Mr. Meritt. That includes the cash payments. Mr. Carter. The net payments made to the Indians ? Mr. MEEI.TT. Yes, sir. The Chairman. You make a bad showing in these totals. The total there is $120,681.27, and there are only 1,000 Indians, making about $120 per capita. Mr. Meeitt. I would not like to justify before this committee all that has been done in the past in Indian administration. Mr. Carter. Let us go ahead ^with the other heading, " For sal- aries of employees." Mr. BuKKE. Mr. Meritt, right at that point, you say that you could not justify what has been done. Wherein is there anything in this bill that has been suggested by the estimates that is original ? Mr. Meritt. Our industrial items are original. Mr. Burke. Did you not urge that in the last Congress? Mr. Meritt. Not to the extent that we have done this year. Mr. Burke. But you were urging it ? Mr. Meritt. We did not ask for these specific items. Mr. Burke. I understand that, but it is a matter that you have been working on for the last three or four years, and it started with an item of $15,000? _ ■ Mr. Meritt. Yes, sir; several years ago, with an item of $15,000. Mr. Burke. And you simply have gotten to the point where you are enlarging upon it, but it is the same plan that you have had in mind for several years ? Mr. Meritt. I would not say that, because we have worked out a more complete industrial plan in these estimates than has ever been done before. Mr. Burke. But it is the plan that was originated several years ago; that is the idea. Mr. Meritt. The idea of reimbursable appropriations did origi- nate with the $15,000 item for the Tongue River Indians. _ Mr Burke. I remember last year that there was no subject in con- nection with the Indian appropriation bill that you were as much concerned about as to get an increase of the appropriation for what you called the revolving reimbursable fund for industrial purposes. Mr. Meritt. I do not think I was before this committee last year on the industrial item. Mr. Burke. But you advocated it. Mr. Meeitt. I was in favor of it. Mr. Bueke. Then it is not original? Mr. Meritt. The thought of reimbursable appropriations is not original this year, but we now have a broader knowledge of the situation and are working out a more definite policy. Mr. Burke. You have just made a remark about the fact that you could not justify things that had been done before, and I am trying to find out where there is anything that is original in this bill or anything that we have not had before. Mr. Meritt. I meant by that statement that I could not justify before this committee all those expenditures that had been made heretofore at these agencies. Mr. Burke. I hope you will be able to give us more information about this item. As the chairman says, the gross amount expended 522 INDIAN APPKOPEIATION BILL. at this agency is $120,681.27, of which $30,645.97 was for per capita payments in money, $35,369.68 for salaries of employees, and $54,- ^65.62 for support and civilization. Mr. Meritt. That item includes the school employees, the agency employees, and employees of all classes. Mr. Burke. And you will give us the details ? Mr. Meritt. Yes, sir. Mr. Carter. You just stated what the item " for salaries of em- ployees " covers. Now, explain whg^t is meant by the item " for com- pensation of counsel and attorney's fee." Mr. Meritt. We expended no funds for that purpose. Mr. Carter. But what I am trying to get at is the meaning of these things. I want the meaning of these headings explained in the record so that we can turn to it conveniently. Mr. Meritt. If any attorney was employed by a tribe, the amount paid that attorney would appear in this column. Mr. Carter. That means only attorneys' fees ? Mr. Meritt. Yes, sir. Mr. Carter. Would that include anything for the expenses of pro- bate attorneys that might be used by the tribes ? Mr. Meritt. I think so. Mr. Carter. Would that include the employment of such men as I expect you very often have to employ ; that is, men to get up evidence in any kind of cases? I would judge that when you have a case you would have to have a man to get up the evidence. The attorney per- haps very often would not have the time to hunt down the witnesses. Mr. Meritt. If it relates to the work of attorneys it would be included. Mr. Carter. Give us as specifically as you can your definition of the term " for support and civilization." tVHiat does that item mean? Mr. Meritt. That covers a very large field, Mr. Carter. It refers to and includes any funds that are used which would tend to promote support and civilization among these Indians. For example, if we issued to these Indians farming implements, or if we bought stock for them for industrial purposes, or made any expenditure for the Indians along those lines, they would fall under that head. Mr. Carter. Would schools be included in that ? Mr. Meritt. The salaries of employees in schools would come under another item — " for pay of employees." Mr. Carter. Would any part of the maintenance of a school be in- cluded under that item — " for support and civilization " ? Mr. Meritt. Yes, sir. Mr. Carter. Is that included in this case for the Devils Lake Agency ? Mr. Meritt. I think it is. Now, in order to make that absolutely €lear to the committee, we will take this Devils Lake Agency case as an example, and we will analyze each expenditure and show where every dollar of that money was expended, so the committee will have that information before it. Mr. Carter. What I want is some concrete definition of these items that appear in the early part of the bill. We would like to have your definition of them. Now, Mr. Meritt, what do you mean by this lan- guage on page 2 of the bill : " For the survey, resurvey, classification, appraisement, and allotment of lands in severalty," etc. ? INDIAN APPKOPKIATION BILL. 5Si3 Mr. Meeitt. If we had any allotting agents on that reservation, their salaries would come under the heading " For salaries of em- ployees." Mr. Carter. The salaries of the allotting agents ? Mr. Meritt. Yes, sir ; and the salaries of other employees engaged in allotting work. Mr. Carter. Do you mean that the, allotting agents' salaries would not come under this item ? Mr. Meeitt. They would be paid out of this item; they would be paid out of this appropriation here; but in making up this table their salaries would appear in the column headed " For salaries of employees." Mr. Carter. Now, how about the surveyors and appraisers ? Would they come under that item, " For salaries of employees " ? Mr. Meritt. Their salaries would be paid out of the allotment ap- propriation and would appear under the heading " For salaries of employees." Mr. Carter. And the other payments would be made from this it»m here? Mr. Meritt. You mean from the survey item ? Mr. Carter. Yes, sir. Mr. Meritt. That appropriation would carry the salaries of the allotting agents, the salaries of the surveyors, of the chainmen, and of such additional employees as might be necessary in connection with the allotting work, such, probably, as a clerk to keep track of the allotment schedules and one or two laborers who would accompany the allotting crew. Mr. Caetee. That appropriation could only be used in connection with surveys, resurveys, classifying, appraising, and allotting lands ? Mr. Meeitt. Yes, sir ; that is true. Mr. Caetee. And no part of it could be used for schools or for so- called support and civilization or for other salaries? Mr. Meritt. No, sir. Mr. Carter. Now, at the bottom of page 2 this language occurs: For the construction, repair, and maintenance of ditches, reservoirs and dams, purchase and use of irrigation tools and appliances, water rights, ditches, lands necessary for canals, pipe lines, and reservoirs for Indian reservations and allot- ments, and for drainage and protection of irrigable lands, etc. Can the appropriation made under that item be used only for the purposes here specifically mentioned ? Mr. Meeitt. That is all. Mr. Caetee. And nothing else ? Mr. Meritt. That is all. Mr. Carter. It can only be used for the payment of salaries of men to construct, repair, and maintain ditches, reservoirs, and dams, and for the purchase and use of irrigation tools and appliances, water rights, ditches,. land necessary for canals, pipe lines, and reservoirs for Indian reservations and allotments ; that is, it can only be used for the purposes here specified ? Mr. Meeitt. Yes, sir ; that is true. Mr. Carter. Then, explain what is meant by the language " for the suppression of the traffic in intoxicating liquors and deleterious drugs, herbs, and plants among Indians." 524 INDIAN APPEOPEIATION BILL. Mr. Meeitt. That" appropriation of $100,000 for tlie suppression of the traiEc in intoxicatiag liquors among Indians is used under the direction of the Commissioner of Indian Affairs in the suppression of the liquor traffic among the Indians, and we pay for our special officers engaged in this work out of that appropriation. Mr. Carter. That is all used for special officers and their expenses in suppressing the liquor traffic? Mr. Meritt. Yes, sir. Mr. Carter. Is any part of it paid to any other officials, State officials or county officials, for assistance in this work? Mr. Meeitt. Under the ruling of the Comptroller of the Treasury we can use a part of this appropriation to cooperate with the*local State authorities in suppressing the liquor traffic. Mr. Caetee. Do you mean by that that a part of the appropria- tion can be paid for expenses to State and local authorities, or do you mean that it can be used simply for work in conjunction with them? Mr. Meritt. Simply for work in conjunction with them in getting up evidence. I might give you some additional information in re- gard to that. We use other employees for this purpose besides the employees under this item relating to the suppression of the liquor traffic. For instance, it is the duty of the superintendents to co- operate with our liquor-suppressing officials in seeing that no liquor is sold to the Indians on their reservations, and the Indian police, who are provided for out of another appropriation, are used very largely in helping to suppress the liquor traffic on the reservations. Mr. Caetee. Do you use any part of this appropriation to pay for their expenses? Mr. Meeitt. The Indian police have their salaries paid out of another appropriation provided for in the bill. Mr. Caetee. And this is used for their expenses simply ? Mr. Meritt. No, sir ; we do not use this appropriation for the ex- penses of Indian police. This appropriation is used to pay the ex- penses of our special officers. Mr. Carter. In what way are the Indian police connected with this appropriation? Mr. Meritt. They are not connected with this appropriation. Mr. Caetee. They are used in addition to these other officers? Mr. Meeitt. They are simply other employees who help with this work and who are provided for out of another appropriation in the Indian bill. Mr. Caetee. The next heading is " To relieve distress among In- dians and to provide for their care, and for the prevention and treatment of tuberculosis, trachoma, smallpox, and other contagious and infectious diseases, including the purchase of vaccine," etc. That item almost explains itself. That mone}'^ is not used for any other purposes than those specified in the item? Mr. Meeitt. It is used for the purposes indicated. " Then again we use other appropriations for the employment of physicians. Mr. Caetee. Whenever it becomes necessary? Mr. Meeitt. Yes, sir. For example, we have physicians who are paid out of appropriations throughout the bill in addition to the physicians who are paid out of this appropriation. INDIAN APPROPEIATION BILL. 525 Mr. Carter. But you do not use any part of this appropriation to pay the salaries or expenses of persons not engaged in that work ? Mr. Meritt. No, sir. Mr. Carter. The next item is, " For support of Indian day and industrial schools not otherwise provided for and for other educa- tional and industrial' purposes in connection therewith." .Mr. Meritt. That is our lump-sum appropriation for the sup- port of day schools on the reservations and also boarding schools on the reservations throughout the Indian country. We have approx- imately 275 day schools and about 75 reservation boarding schools that are supported out of .this item. Mr. Carter. And no part of this fund is used for any other pur- pose ? Mr. Meritt. No, sir. Mr. Carter. But you have other schools provided for specifically ? Mr. Meritt. Our nonreservation schools are provided for specifi- cally throughout the bill. There are about 33 nonreservation schools. Mr. Carter. I notice you have a proviso here : That no part of this appropriation, or any otlier appropriation provided for herein or hereafter, except appropriations made pursuant to treaties, shall be used to educate children of less than one-fourth Indian blood whose parents are citizens of the United States and the State wherein they live and where there are adequate free school facilities provided and the facilities of the Indian schools are needed for pupils of more than one-fourth Indian blood. How closely are you following that rule? Mr. Meritt. We are following that very closely. Of course, in certain cases where these Indian children are not provided with other school facilities we use this appropriation. Mr. Carter. The next item is, " For construction, lease, purchase, repairs, and improvements of schools and agency buildings and sites, and for sewerage, water supply, and lighting plants." That fund is used only for the purposes specified in the item, is it not ? Mr. Meritt. Yes, sir ; we use that appropriation for those specific purposes. Mr. Carter. Have you any other appropriation you can use for those same purposes? Mr. Meritt. Yes, sir; we have items throughout the bill for specific purposes. This is mostly needed at reservation schools. Mr. Carter. Then you have another item : For collection and transportation of pupils to and' from Indian and public schools, and for placing school pupils, with the consent of their parents, under the care and control of white families qualified to give them moral, industrial, and educational training. All of that fund is used for that specific purpose, is it not? Mr ]\^ERiTT Yes sir. Mr! Carter. Placing them with white families is a part of the outing system, is it not ? Mr. Meritt. Yes, sir; that is what is called the outing system. Mr. Carter. And no part of this fund is used for any other pur- pose? Mr. Meritt. No, sir. Mr. Carter. The next item reads: To conduct experiments on Indian school or agency farms designed to test the possibilities of soil and climate in the cultivation of trees, gram, vegetables, 526 INDIAK APPBOPRIATION BILL. and fruits, for tlie purpose of preserving living and growing timbei^ on Indian reservations and allotments, and to advise Indians as to the proper care of forests, etc. All of that fund is used for that specific purpose, is it not? Mr. Meritt. Yes, sir; but we have other appropriations available for that purpose. For instance, funds for the support of our various agencies are used in some cases in paying salaries of farmers and other employees, and, in addition to that, we use " Indian moneys, proceeds of labor," for certain of these employees. Mr. Caetoe. The next item reads: For tlie purchase of goods and supplies for tlie Indian Service, including in- spection, pay of necessary employees, and all other expenses connected fhere- with, including advertising, storage, and transportation of Indian goods and supplies. All of that fund is used for that purpose, is it not? Mr. Meritt. That is used for that purpose. It provides the ma- chinery by which we purchase our goods. That total does not repre- sent the amount of goods we buy ; we buy about $4,000,000 worth of goods each year in the Indian Service, and this provides the ma- chinery by which these goods are purchased. Mr. Caetee. No part of it is used for any other purpose than is expressed here? Mr. Meritt. No, sir. Mr. Caetee. And, as you have already stated, you have other funds that you use for the same purposes ? Mr. Meritt. Yes, sir. Mr. Carter. The next item reads: For telegraph and telephone toll messages on business pertaining to the In- dian Service sent and received by the Bureau of Indian Affairs at Washington. That fund is used for that specific purpose, is it not ? Mr. Meritt. We use that appropriation for messages sent by and received at the Indian Office. Mr. Carter. And only telegraph and telephone messages ? Mr. Meritt. Yes, sir. There are other appropriations in that bill which are available for the expense of telegraph messages sent by the superintendents to offices other than the Indian Office. Mr. Carter. Then there are other funds available? Mr. Meritt. Yes, sir. Mr. Carter. And used in connection with this? Mr. Meritt. Not for the specific purpose stated in this item. This provides only for messages sent to and received by the Indian Office. If a superintendent on a reservation sends a telegram to another superintendent, that telegram is paid for out of another fund avail- able other than the item now in question. Mr. Carter. Out of a fund available for that specific agency ? Mr. Meritt. Yes, sir. Mr. Carter. The next item is: For witness fees and other legal expenses incurred in suits instituted in be- half of or against Indians involving the question of title to lands allotted to them, or the right of possession of personal property held by them, and in hear- ings set by United States local land oflBcers to determine the rights of Indians to public lands. All of that is used for the purposes set forth in the item, is it not? Mr. Meritt. Yes, sir. INDIAN APPEOPEIATION BILL. 527 Mr. Carter. Have you any other fund that can be used for that purpose ? Mr. Meritt. Yes, sir; we can use the contingent fund, or what is now known as the general-support fund. Mr. Carter. What item is that ? Mr. Meritt. That is on page 11, from lines 1 to 10. Mr. Carter. It is item No. 16 ? Mr. Meritt. Yes, sir. The Chairman. Then, why not strike out this if it can be paid from the other fund ? Mr. Meritt. That other fund is a general fund to be used where these special funds are not sufficient to meet the exigencies of the service. Mr. Carter. The next item reads : For expenses of tbe Board of Indian Commissioners, $5,000, including not to exceed $300 for office rent. That, of course, has to be used by the Board of Indian Commis- sioners and you have no supervision over that ? Mr. Meritt. No, sir. Mr. Carter. The next item is : For payment of Indian police, including chiefs of police at not to exceed $50 per month each and privates at not to exceed $30 per month each, to be em- ployed in maintaining order, and for the purchase of equipment and supplies and for rations for policemen at nonration agencies. That is the only fund from which the Indian police can be paid, is it not ? Mr. Meritt. No, sir ; we can pay the Indian police from " Indian money, proceeds of labor," if the Commissioner of Indian Affairs and the Secretary of the Interior think these additional police neces- sary in order to preserve order on the reservations and if Indian moneys are available. Mr. Carter. But all of this appropriation is used for the payment of the Indian police? Mr. Meritt. Yes, sir. Mr. Carter. The next item reads : For compensation of judges of Indian courts where tribal relations now exist. All of that is for the salaries of Indian judges, is it not? Mr. Meritt. Yes, sir. Mr. Carter. Have you any other fund from which Indian judges can be paid? Mr. Meritt. None, except " Indian moneys, proceeds of labor." Mr. Carter. The next item is : For pay of special agents, at $2,000 per annum ; for traveling and incidental expenses of such special agents, Including sleeping-car fare, and a per diem of $3 In lieu of subsistence when actually employed on duty in the field or ordered to the seat of government. All of that fund is used for special agents, is it not ? Mr. Meritt. No, sir. Mr. Carter. It is not all used for special agents ? Mr. Meritt. No, sir. Mr. Carter. For what other purpose is it used ? 528 INDIAN APPKOPKIATION BILL. Mr. Meritt. It is used for a number of purposes. If you will read the entire item Mr. Carter (interposing). The remainder of the item reads: For transportation and incidental expenses of officers and clerks of the Office of Indian Affairs wtien traveling on official duty ; for pay of employees not oth- -erwise provided for, and for other necessary expenses of the Indian Service for which no other appropriation is available. Now, you have no other appropriation out of which you can pay special agents, have you? Mr. Meeitt. No, sir ; we have an appropriation out of which we can pay supervisors. Mr. Carter. What appropriation? Mr. Meritt. The appropriation known as " Indian school" support," and Ave pay a large number of our inspecting officials out of that appropriation. Mr. Carter. That is, your inspectors. Mr. Meritt. It is a part of our inspecting force. Mr. Carter. Now, then, you ask $100,000— For the purpose of determining the heirs of deceased Indian allottees and •other persons having any right, title, or interest in any trust or restricted allot- ment, or in any other estate or property held in trust by the United States, under regulations prescribed by the Secretary of the Interior. A 11 of that fund is used for the purposes specified in that item, is it not? Mr. Meritt. Yes, sir ; we are using other employees for that pur- pose, also. For instance, it is the duty of the superintendent, who is paid out of the Indian school support fund, to look after this work on his reservation. Mr. Carter. That is the only exception Mr. Meritt (interposing). We might use some other employees who are paid out of agency support funds for that work. Mr. Carter. But all of this fund is used for the purposes here specified ? Mr. Meritt. Yes, sir. Mr. Carter. Then you have an item, " For the purpose of en- couraging industry among the Indians and to aid them in the cul- ture of fruits, grains, and other crops," etc. All of that is used for the purposes specified in the item, is it not ? Mr. Meritt. Yes, sir. Mr. Carter. Have you any other fund that you can use for those purposes ? Mr. Meeitt. Yes, sir. Mr. Carter. Where did it come from? Mr. Meritt. We have Indian moneys, proceeds of labor, for that purpose, and we have the agency support items that can be used for that purpose, if the funds are available, but we have very little money available out of those appropriations for general and extensive in- dustrial work. Mr. Carter. Do you mean at each separate agency ? Mr. Meritt. Yes, sir. Mr. Carter. But you have no other general appropriation that can be used for this purpose ? Mr. Meeitt. No, sir ; except the funds that have beefP appropriated in past Congresses. INDIAN APPEOPKIATION BILL. 529 Mr. Caetek. I mean, you have nothing else in this bill ? Mr. Meritt._ No, sir; not for that general purpose. We have others for specific purposes, of course. Mr. BuEKE. I want to go back to the item relating to the Devils Lake (N. Dak.) Agency. I think perhaps we can clear that up. Now, referrmg to House Document No. 328, Sixty-third Congress, second session, wherein it appears that the total amount disbursed was $120,- C81.27, 1 want to call your attention to the lines on page 52, beginning with line 22, that being the item of appropriation for the Fort Totten School, for which there was appropriated in the fiscal year covered by House Document No. 328, $74,500, and there was also provided $5,000, as is proposed under item 98 on this page, making a total of $79,500. Now, there was paid out, as shown by this statement, per capita to Indians $30,645.97, so that there was available but $10,145.97. In addition thereto there was received during the year $9,432.50, which could also be disbursed, could it not ? Mr. Meeitt. Yes, sir. Mr. Btjeke. Under section 6 of the act of April 27j 1904. So that this item headed " Devils Lake, proceeds of Devils Lake Eeservation, N. Dak.," includes the amount disbursed and appropriated for the Fort Totten School and for support and civilization of the Sioux of Devils Lake, N. Dak., and all moneys received? Mr. Meeitt. Yes, sir. Mr. BuEKE. But we want that statement just the same. Mr. Meeitt. The following shows the information requested : Per capita payment ($30 payment) ?30, 645. 9T Salaries of employees : Police ^ $720.00 Farmers 1,586.66 Field matrons 459. 51 Clerks, physicians, etc ' 3, 877. 99 School (Fort Totten) 28,725.52 35,369.68 Support and civilization : Freight 8,092.08 Agency — Forage $320. 56 Provisions 167.12 Equipment 268.27 Repairs and Improvements 300.00 ' Dry goods, etc 57. 90 Miscellanebus 383. 85 1,497.70 School — Fuel 5,418.67 Dry goods, etc 8. 582. 60 Provisions 9,099.25 Equipment ^ 6, 316. 07 Repairs and improvements 11, 568. 61 Miscellaneous 4,090.64 45, 075. 84 54, 665. 62 120, 681. 27 The foregoing analysis includes disbursements for the Port Totten School, whict sctool enrolls about 250 pupils from the Turtle Mountain iilrisdiction. Mr. Meeitt. Mr. Chairman, referring to my previous statement regarding the submission of estimates by the department, I wish to 24455—14 34 530 INDIAN APPEOPEIATION BILL. invite your attention to section 4 of the act of June 22, 1906 ( Stat. L., vol. 34, p. 448), which reads as follows: Hereafter the estimates for expenses of the Government, except those- for sundry civil expenses, shall be prepared and submitted each year according to the order and arrangement of the appropriation acts for the year preceding. And any changes in such order and arrangement and transfers of salaries from one office or bureau to another office or bureau, or the consolidation of offices or bureaus desired by the head of any executive department, may be submitted by note In the estimates. The committees of Congress in reporting general appropriation bills shall, as far as may be practicable, follow the general order and arrangement of the respective appropriatiton acts for the year preceding. The Chairman. That would not prevent this committee from pre- paring this hill in different form, if it desired. . Mr. Meeitt. Not at all. The Chairman. It is in our discretion. Mr. Meeitt. Yes, sir; but the department is required to submit estimates in the form of those for the preceding year. Mr. BuEKE. There is one thing that the law does not preclude the department from doing, and in view of the statement you have made, I think it would be desirable, when we come to consider the next bill, if you would come before this committee prepared to point out wherein and how these estimates could be improved upon. Mr. Meeitt. I think the estimates of the department can be very materially improved, and I am trying to point that out now so that the committee might insert in the bill this year an item directing the department to submit next year their estimates in the usual form and also in such improved form as the Commisisoner of Indian Affairs and the Secretary of the Interior may deem proper; so that the committee would then have two estimates before them and could consider the matter along that line. The Chaieman. That would repeal the provision you have just ■ read? Mr. Meeitt. It would give us authority to submit estimates in the form in which we think they should be. Mr. BuEKB. In the next fiscal year, but not so far as this bill is concerned. . Mr. Meeitt. Yes, sir ; that is true. The Chaieman. What is the next item ? Mr. Meeitt. The next item reads as follows : For support and civilization of Indians at Fort Berthold Agency,- in North Dakota, Including pay of employees, $15,000. That is the same amount and the same language as contained in the last appropriation act. We submit for the record the following justification in support of this item : Support of Indians of Fort Berthold Agency, N. Dak. Fiscal year ending June 30, 1914, amount appropriated $ 15, 000. 00 Fiscal year ended June 30, 1913: Amount appropriated 15,000.00 Amount expended 13, 724. 81 Unexpended balance 1, 275. 19 INDIAN APPEOPEIATION BILL. 531 ANALYSIS OF EXPENDITURES. Salaries, wages, etc $7, 771. 33 Traveling expenses 77. 65 Telegraph and telephone service 2.14 Miscellaneous material 607. 59 Fuel 346. 22 Mechanics' supplies 43. 13 Wearing apparel 15. 39 Forage 443. 49 Provisions 1, 903. 35 Equipment 2, 169. 87 Medical supplies 343, 40 Miscellaneous 1. 25 13, 724. 81 There are 1,148 Indians under this superintendencj', consisting of the Arilcara, Gros Ventres, and Mandan Tribes. The allotment v^ork on this reservation has just been finished, but as yet there has been but very little done in the way of home building, development of tbe lands, etc. Of the amount now appropriated, $8,160 are used to pay employees and about $1,600 for purchase of subsistence for the old, sick, and dependent. This leaves but a very small sum to aid the Indians industrially in the purchase of machinery, tools, seed, etc. The Missouri River divides this reservation into two parts, and the only means of crossing it is by ferryboat. During the last fiscal year savings were made with a view of purchasing a new boat for this purpose, but it was found impossible to close the deal before the expiration of the fiscal year, hence these savings lapsed, making an unusually large unused balance. It is certain that all this appropriation will be needed in the future for the purposes named above. The reservation was created by Executive order based on an unratified agreement with the Indians. Two hundred and twenty -nine thousand six hundred and thirty-four acres have been allotted to 1,379 Indians. Under the act of June 1, 1910 (86 Stat. L., 455), 227,500 acres lying within that part of the reservation north and east of the Missouri River have been opened to settle- ment and entry. There is no authority under existing law for the disposal of the remaining tribal lands, aggregating some 400,000 acres lying within this reservation south and west of the Missouri River. We submit here a list of agency employees for this agency. Fort BerthoTd, N. Dak. Number and position. Rate of pay. Total. Payable from— White: 1 clerk.. $1,200 1,200 780 780 720 300 900 480 p.m. 35 51,200 1,200 780 780 720 Support of Indians of Fort Berthold 1 physician Agency, N. Dak., 1914. Do. Do. 1 carpenter Do. Do. 4.680 300 Indian moneys, proceeds of labor, Fort Berthold Indians. 1 farmer., 900 480 280 Fort Berthold Eeservation 3 per cent 1 f tableman ... fund (demonstration farm). Do. Do. 1,660 532 INDIAN APPEOMlATION BILL. Fort Berthoid, N. Dak. — Continued. Number and position. Rate of pay. Total. Payable from— Indian: $720 480 360 480 360 1.200 780 660 720 84 p.m. 30 p.m. 20 $720 480 m 480 1,440 Support of Indians of T?M '^eiikMi 1 laborer Agency, N. Dak., 1914: Do. Do. Do. Do. 3,480 Miscellaneous: 1 farmer and stockman 1.200 780 660 720 *- Industrial work and care of timber, Do 1914. Do. Do Do. 1 field matron Do. 3,360 168 Par of jiidgfe, Indian courts, 1^14. 360 1.680 Pay of Indian police, 1914. m. 2,040 The Chairman. What is the next item ? Mr. Meeitt. The next item reads as follows : For support and civilization of Turtle Mountain Band of Chippewas, NOTth Dakota, including pay of employees, $15,000. The Chairman. I see you have raised the amount there $4,00(5 ?_ Mr. Meritt. We submit for the record the following justificaiioii in support of the item : Support of OMppewas, Turtle Mountain Band, North' Dakota. Fiscal year ending June 30, 1914: Amount appropriated $li, ddd.OO Fiscal year ended June 30, 1913 : Amount appropriated 11,001.00 Amount expended 11, 002. 23 Overdrawn 2.23 ANALYSIS OF EXPENDITURES. Salaries, wages, etc ^__ 5,2^5.71 Traveling expenses 333.55 Telegraph and telephone service 131.03 Miscellaneous material 160. 00 Fuel .570. 67 Mechanics' supplies 25.60 Cleaning and toilet supplies 3.12 Forage 433. 00 Provisions 1, 421. 17 Equipment 1, 5M. 07 Medical supplies ! 2«. 31 Seed ^ 764.00 Miscellaneous 157.00 ' I 11,002.23 INDIAN APPROPEIATION BILL. 533 There are over 2,800 Indians under tlie jurisdiction of this superintendency. The former reservation consisted of 2 townships of land only. Under the act of April 21, 1904 (33 Stats., 1-194), all members of the tribe who were unable to talce land on th,e reservation were authorized to take homesteads on the public domain. In pursuance of this privilege, about 2,000 "homesteads" (more in the nature of allotments and hereinafter referred to as allotments) have been taken iu the western portions of North Dakota and South Dakota and various parts of Montana. Entries for these allotments are made through the various local land offices and many of the provisions attaching to the fourth- section allotments, under the act of February 8, 1887, attach to these. The reservation lands were allotted very largely to the heads of families, especially to the older members of the tribe. The younger families, and in many cases the wives and minor children of the older families, have their lands off the reservation, as described above. One of the first tasks in connection with these allotments is to encourage the families allotted off the reservation to leave the reservation and establish themselves on their own holdings. Under the most favorable conditions there will be large numbers of allot- ments, particularly those of married women and minors, left unoccupied and unsupervised except such supervision as the superintendent and the employees can give. Many of these Indian families have but a very small degree of Indian blood ; they have very largely supported themselves in the past and are quite com- peteut to do so in the future, and, further, quite competent to take charge of their allotments and manage their own affairs as soon as they can be induced to move to them and establish their homes thereon. It is believed that there are a large number of these who are fully entitled to patents in fee as soon as they have established permanent residences on their allotments and as soon as the superintendent can investigate their conditions and make proper report. Of the $11,000 appropriated for the current fiscal year, $5,500 is used in the employment of four clerks, one physician, interpreters, etc. This force of em- ployees is inadequate to do more than maintain the ofiice work and care for the health of the Indians living on the reservation. The immense eorresijondence with the allottees, their white neighbors, and the various land offices where the entries are made, produces such a burden that it is now found impossible to keep the work up as it should be. Under the present conditions, about the only supervision that can be given the npnreservation allotments is such as the superintendent can give himself, and it ig possible for him to view and report on only a small portion each year. Tljore are a number of old people left on the reservation, and there is also a full-blood settlement just near the reservation of about 150 persons, all form- iflg a group that now require more or less aid in the way of subsistence; con- sequently it is necessary to expend about $2,000 of the appropriation for that purpose. Under present conditions it Is found wholly impossible to extend to the al- lottees of the reservation that supervision and protection they are entitled to, and unlpss a larger force can be provided it would require years to wind up their affairs. With a view of relieving this condition, an additional $4,000 is asked for, which will be used for the most part in employing competent men during the sumpaer season to aid the superintendent in viewing the allotments, protecting the allotments of married women and minors from trespass, making leagps of such as can not otherwise be utilized, and reporting all cases where the allottees are entitled to patents in fee. It will be noted that this leaves virtually nothing for the development of the Indians industrially or help the allottees move to their western holdings, build homes, purchase machinery, etc. The population of this band approximates 2,800, of whom some 326 were al- lotted 43,820 acres within the original Turtle Mountain Reservation, which was created by Executive order based on an agreement with the band. Under the act of April 21, 1904 (33 Stat. L., 194), allotments or homesteads on the public domain have been approved to some 1,880 members, covering 280,619 •acres. Applications are still being filed in behalf of these Indians for lands on the public domain. Practically every acre within the reservation was ex- hausted in allotment except a limited area retained for administrative pur- poses—some 186 acres. 534 INDIAN APPROPEIATION BILL. Agency employees, Turtle Mountain, N. Dak. Number and position. Eate of pay. Total. Payable from — White: 1 clerk SI, 200 1,000 900 900 1,200 p. m. 75 900 720 300 84 300 p. m. 40 p. m. 20 1160 Jl,200 1,000 900 900 1,200 - Support of Chippewas, Turtle Mountain Band, Do. Do Do Do. Do. 1 physician . Do. 5,200 226 5,426 Miscellaneous: 1 farmer ... 900 720 600 Industrial work and care of timber, 1914 Do Do. 2 farmers . . . Do. X X 2,220 2 judges.. ., 168 300 Pay of judges, Indian courts, 1914. Support of Chippewas, Turtle Mountain Band, 1 interpreter 5 privates 480 1,200 Pay of Indian police, 1914. Do. 1,680 1 special examiner, 3 months. . 450 Surveying and allotting Indian reservations, re- imbursable. 1 Actual necessary traveling expenses, including sleeping-car fare and subsistence while actually employed on duty in the field. "" These Indians have taken up under the fourth section of the allot- ment act allotments in Montana and North Dakota, and they are scat- tered over a large area of country. By reason of this fact the work of this agency has been greatly increased, and in order to protect the minors and married women wtio have selected allotments on the public domain, it is necessary to aid these Indians in getting their papers in shape to submit to the Land Office. It is also necessary to have employees to aid these Indians to get started industrially on the allotments. The Chairman. In two or three of the items just read by Mr. Car- ter, this language is used : " Services not otherwise provided for." Would not the language of those lump-sum appropriations apply to this purpose for which you have asked $4,000 additional ? Mr. Meritt. The only other item would be the general expense item, to which Mr. Carter referred, and that item carries an appro- priation of a little over $100,000 and provides for a large amount of work now being done. We need this appropriation for these Indians. The Chairman. Don't you think it would be better to enlarge the appropriation in that general fund rather than undertake to carry all these special items for the various agencies and reservations ? Mr. Meritt. My idea would be to have more lump-sum appropria- tions rather than these detailed specific appropriations, and require the department to make a report to Congress showing what has been done under the appropriations. The Chairman. And in that way we would have the explanation before us. Mr. Meritt. Yes, sir. INDIAN APPEOPKIATION BILL. 535 The Chairman. "Would it not be better legislation to have a lump- sum appropriation rather than to have these items scattered all through the bill in this way ? Mr. Meritt. I would not care to suggest the exact form of the bill which should be submitted next year, but I think it would be advisable to prepare a bill along tlie lines of the activities of the In- dian Service under eight or ten headings, and require the office to sub- mit detailed reports to Congress as to the expenditure of those funds. The Chairman. Would not that materially shorten the bill also? Mr. Meritt. Yes, sir; and it would aid the office very materially in administering the affairs of the Indians. Mr. Carter. I believe we were discussing this item, No. 100 ? Mr. Meritt. Yes, sir. Mr. Carter. I notice that the next item, No. 101, reads as follows : "To assist members of Turtle Mountain Tribe of Indians in making settlement upon their nonreservation allotments, $25,000." Are these of the same tribe of Indians? Mr. Meritt. The same band ; but we do not intend to use any of that money for employees, and we need additional employees at this agency. Mr. Carter. Why do you call them the Turtle IMountain Band of Chippewas in the first item and the Turtle Mountain Tribe of In- dians in the other ? Mr. Meritt. They are known by those two names. The appropria- tions are for the same Indians. Mr. Burke. You remember the difficulty we had and the criticism that was expressed in the House when we endea^'ored to save some money by making a lump-sum appropriation for matrons, farmers, and other things in the bill a few years ago ? Mr. Meritt. Yes, sir. Mr. Burke. That is the difficulty about getting these amounts in lump sums, and therefore we have to be a little careful about making any radical changes in the bill. Mr. Meritt. I realize that. Mr. Burke. And in the manner of making appropriations. Mr. Meritt. Under the legislation that was adopted at that time you will remember, Mr. Burke, we were required to submit the details of the expenditures of that appropriation, and that report is now before the committee. Committee on Indian Affairs, House of Representatives, Washington, December 1£, 1913. The committee met at 10.30 o'clock a. m., Hon. John H. Stephens (chairman) presiding. The Chairman. What is the next item you wish to take up, Mr. Meritt? Mr. Meritt. The settlement of the Turtle Mountain Indians m North Dakota. It reads as follows : To fissist members of Turtle Monnt;iin Tribe of Indians in maldng settlement upon their uonreservation allotments, $25,000. The following justification is offered in support of this item : By act of April 21, 1904 (33 Stats., 194), all members of this band of Indians who were unable to secure allotments of the little reservation of two townsnips 636 INDIAN APPEOPEIATION BILL. in Rolette County, N. Dak., were permitted to take " homesteads " on the pubh'c domain. In pursuance of this privilege there have been about 2,000 homesteads (more properly termed allotments) taken by members of this band in western North Dakota and South Dakota and in various parts of Montana. It is found that very few of the families allotted on the public domain are able to move to their allotments and establish homes thereon for want of means to cover the expense of moving, and for further want of means with which to purchase material to build houses, make fences, etc. The agreement made by this band upon which the act above named is based was concluded in the year 1892. At that time there were public lands in plenty in the near region of the reservation and naturally the purpose of the Indians was to take lands in that part of the State of North Dakota, which would now be inany times more valuable than what they have been able to secure. It would have been a matter of very sl'ght expense, comparatively, for the Indians to move from the reservation to the near-by allotments, 'could they have taken them as was intended at the time the agreement was entered into. . This agreement, however, was pending 12 years between the time of its execu- tion and the time of its approval by Congress. During this period all the valu- able public lands in the near vicinity of the reservation were taken by settlers, hence the necessity of these Ind'ans going so far west to take their allotments. It is therefore not only necessary to aid them in the manner described above, but it would seem to be equitable toward them that such aid should be extended to them. These Indians ceded practically all of their valuable lands to the Government and received very small compensation for those lands. It was expected that they would take allotments on the public doniE^in, and the Government was 12 years ratifying the agreement with these Indians, and the result of the delay of the Government was that these Indians not only lost the lands of their own reservation, but were deprived of entering public lands near their reservation, and it seems only a matter of justice that the Government should now aid them in procuring a location on the fourth-section allotments which they have taken up. The Chairman. How many of these Indians are there ? Mr. Meritt. There are approximately 2,800 Indians. The Chairman. Have they any money in the Treasury to their credit ? Mr. Meritt. They have a very small amount, if any. The Chairman. Have they received any gratuity from the Govern- ment in recent years? Mr. Meritt. No, sir; the only gratuity they have received is the appropriation for the support of the school. The Chairman. Is it designed to use this money for the purpose of enabling them to improve their homesteads, or is this for the purpose of building houses and schools? Mr. Meritt. It is to enable them to locate on their fourth -section allotments. The Chairman. What do you mean by " locating " ? Mr. Meritt. They have taken up raw public lands and are with- out any means whatever, and it would be difficult for a white man without means to locate on public lands under those conditions. The Chairman. Do you propose to give each one a payment of so much per capita and allow him to spend it? Mr. Meritt. No, sir. The Chairman. Then what do you propose to spend it for? Mr. Meritt. For farming implements and such material as will enable them to do work on their allotments. INDIAN APPEOPBIATION BILL. 537 The Chairman. Doesn't this bill carry several lump-sum appro- priations for that purpose? Mr. Meeitt. There is no other appropriation that would be available for this particular purpose. ]Mr. Davis has been up in that country and can probably give you some detailed information. The Chairman. There are three or four hundred thousand dol- lars in the appropriations here for agricultural implements along^ that line, if I am not mistaken. Mr. Meeitt. Those appropriations are for specific purposes. The Chairman. This is for a specific purpose, also, is it not'^ Mr. Meritt. Yes; we are asking here for a specific appropriation for a specific purpose. Mr. Davis. There are about 2,000 allotments taken in the western Dakotas and in Montana, and a number of families have already gone there and made settlement. This money is wanted principally to help them pay the expenses of the removal, which would be over- land mostly, about 300 miles. Then, many of them would have to have somethin'g to buy a little subsistence and probably a little lumber to make temporary shacks so that they could settle there until they could get to earning something. The Chairman. Now, you say the greater portion of this band are in their original homes and it is necessary for them to remove from there to these allotments ? Mr. Davis. The original families still live in the two townships on the original reservation. The old people have their allotments there^ and the young people also live with their families on those allotments. The Chairman. There are two townships allotted among the old people, and the proposition is now to remove the rest to homesteads on the public lands. Is that correct ? Mr. Meeitt. There are about 200 allotments within the reserva- tion ; yes. The allotments have already been taken. The Chairman. Will these allottees get any portion of this $25,000? Mr. Davis. Those remaining on the reservation? The Chabesman. Yes. Mr. Davis. No, sir ; this is a removal fund only. The Chairman. Then, why not state it, "To assist the Turtle Mountain Indians to remove and settle," and so forth? Would not that better express it ? Mr. Meeitt. That would be entirely satisfactory. Mr. Carter. What is the character of the land that is allotted ta these people now ? Mr. Davis. One hundred and sixty acres per individual. Mr. Caeter. What is the character of it? Is it irrigable land? Mr. Davis. It is what you might term the plateau or table-land of this region. It can be operated partly by dry farming, but it is largely for grazing only. Mr. Carter. Where are their allotments located now ? Mr. Davis. In northwest North Dakota and Montana, north of the Missouri Eiver, mostly, about 300 miles. Then, there are some south, in various parts of the State, but the great portion is on either side of the line between North Dakota and Montana, near the Canadian line. They do not all live on their allotments; a number of them do, such as have been able to move out there, but a great many have not the means with which to go. 53,8 INDIAN APPBOPBIATION BILL. Mr. Carter. I notice on the map here that the Turtle Mountain Agency is in north central North Dakota. Mr. Davis. Yes, sir. Mr. Carter. And this land, you say, is west of that ? Mr. Davis. The agency is on the little reservation of two town- ships, but these homesteads were taken away west there. Mr. Carter. Is the reservation allotted, too ? Mr. Davis. Yes, sir. Mr. Carter. Allotted to certain members of the tribe ? Mr. Davis. About 200 have allotments on the reservation, and there are 2,000 more west. Mr. Carter. Where was the original home of these Indians? * Mr. Davis. In the region of the reservation where the agency is located. Mr. Carter. You say that their land was ceded for a nominal price ? Mr. Meritt. Yes, sir. Mr. Carter. How did that come about? Why was that done? Mr. IMeritt. That was done 15 years ago. I do not know the exact history of it, but it was claimed that those Indians could get located right there in that immediate vicinity on the public domain when they got ready to take up allotments and ready to utilize the land, and the Government entered into an agreement with these Indians to pay them something like 10 cents an acre, which was a ridiculously low price. This land is worth now probably $40 an acre, and the history of the Government's dealings with these Indians is not Mr. Carter (interposing). How much of that land was there? Mr. Meritt. They ceded somthing like 9,000,000 acres. Mr. Davis. The claim was 9,000,000 acres. Their original reserva- tion was either four by five townships, or five by six, I have for- gotten which. That was reduced by Executive order about 25 years ago to those two townships, and then they had a general claim on about 9,000,000 acres around there. Mr. Carter. Did they pay them for the entire 9,000,000 acres, or just for five million acres? Mr. Davis. They paid them for their claim on 9,000,000 acres. Mr. Carter. Ten cents an acre, was it? Mr. Davis. $1,000,000. Mr. Carter. For 9,000,000 acres? Mr. Davis. Yes, sir; in settlement of their claim. Mr. Carter. Now, let me understand one thing. It was understood you say, Mr. Meritt, that they were to have allotments on the public domain? Mr. Meriti'. That was the understanding. Mr. Davis. That was part of the agreement. Mr. Carter. It was so long between the ratification of that treaty and the time that the treaty was put in force that all the good land was taken? Mr. Davis. All the good land was taken up by white settlers ; yes. Mr. Carter. What was the cause of that delay? Mr. Davis. The failure of Congress to ratify the agreement. Mr. Carter. Then it was not between the ratification of the agree- ment and the execution of the agreement ; it was between the making ■of the agreement and the ratification of the agreement ? INDIAN APPBOPEIATION BILL. 539 Mr. Davis. Yes, sir. ■Mr. BuEKE. This reservation was originally an Executive-order reservation, was it not ? Mr. Meei-pt. Those Indians claimed a very large territory there, and I think that was an Executive-order reservation. Then it was reduced by treaty. Mr. Burke. No; it was reduced, if I am not mistaken, by Execu- tive order. It was created by Executive order and it was reduced by Executive order. Mr. Meritt. It was then further reduced by the agreement. Mr. Burke. Then there was an agreement made by which they did cede something, I don't remember what, but anyway an agreement was entered into by which they were to be allotted on the public domain, and it involved the payment of a million dollars, and that is why the matter was delayed. There were grave doubts in the minds of the committees of Congress as to whether or not the Indians were en- titled to any compensation, and as a matter of compromise and due to the efforts of a number of claim agents, who were pressing the mat- ter, a million dollars was finally appropriated. Mr. Meritt. As compensation for the land? Mr. Burke. "Well, it was as a settlement of the matter, the differ- ence between the Indians and the United States. Now, that money was paid out per capita to the Indians ? Mr. Meeitt. Yes, sir. Mr. BuEKE. Do you know whether or not any portion of that sum was used for the supervision of the office or the department for their best interests, or whether it was paid to them in cash ? Mr. Meeitt. I think it was very largely paid in cash, a per capita payment. Mr. BuEKE. That is my understanding. Now, if I understand the particular appropriation, this is to be a gratuity? Mr. Meritt. It is a gratuity appropriation. Mr. BuEKE. Why did you not make it reimbursable, like your other industrial items? Mr. Meritt. Because it is believed that these Indians have not been treated exactly fairly in the past, and this is simply a slight recogni- tion of the duty which the Government owes to these Indians to place them on their allotments. Mr. Burke. You do not arbitrarily contemplate removing any of those Indians to their allotments, do you? Mr. Meeitt. No, sir. Mr. Burke. But where they manifest a willingness or desire to go upon their allotments for the purpose of living there you want to use this money to aid them in doing so ? Mr. Meeitt. That is the purpose of the appropriation. Mr. Bueke. I know one of these allottees, who lives in my home city. She was a girl in the high school there and is married now and lives in Pierre. She was allotted 160 acres in eastern Montana. She receives $80 a year rental, and I obtained information as to the value of the land through persons I wrote to in that locality, estimat- ing it to be worth about $30 an acre. So there is one allottee that shared pretty well. I do not suppose most of them get allotments as valuable as that, but she does not need any assistance from the Gov- ernment. 540 INDIAN APPEOPRIATION BILL. Mr. Meritt. a large number of these Indians are now crowdeid on this small, reduced reservation, and they are actually in need of assistance. Mr. Burke. They will continue to remain there unless you Ji^ve some means of encouraging them to get away. Mr. Meritt. That is the very purpose of this appropriation. Mr. Burke. I am very much afraid that most of them will cotne back if they do go aAvay. Mr. Meritt. If we can only get them on their allotments, we hope to keep them there. ]Mr. Burke. I hope you may. Mr. Carter. I wish you would put into the record a copy of that treaty, Mr. Meritt. Mr. Meritt. We will get it, and also a short, condensed statement of the history of this tribe, and insert it in the record. The statement and the treaty read as follows: TURTLE MOUNTAIN BAND OF CHiri'EWA INDIANS — TRIBAL AGREEMENTS, ETC. The present Tiutle Mountain Band of CMppewa Indians comes from what was formerly known iis the Little Shell Baud of Chippewas. This ban,d was associated with the Red Lake Band, and it is historically said that Little Shell was i)resent at the treaty approved October 2, 1S63 (13 Stat., 66T), but withdrew, snyinp; that he would reserve the Turtle Mountain country for himself and his band. It will be noted that this treaty extends westward of the Red River of the North only 20 or .30 miles and clearly leaves out the Turtle Moun- tain country. The Turtle Mountain Band always set up claim to the region immediately west of the land ceded as set forth just above, extending from Devils Lake to the Dominion boundary line and westward to about where Minot, N. Dak., now is, comprising roughly .ibout 9,900,000 acres. Their former reservation was about 24 by 30 miles in what is now Rolette County, N. Dak., and within the general region just described. This was reduced by Executive order to 6 by 12 miles and the remainder of the Turtle Mountain claim was opened to homestead settlement prior to the conclusion of any agreement with this band for the relinquishment of its claim. The agreement concluded in 1892 and approved April 21, 1904 (33 Stats., 194). extinguished the tribal claim to the area described above, the considera- tion being $1,000,000 (minus .f50,000 to attorneys) and a homestead right on the public domain for all tribal members who could not secure land on the little reservation of two townships. The reserv.itJon w.'is allotted in 1907, and the band has been taking allot- ments on the public domain, mostly in western North Dakota and South Dakota and in Montana, from then up to the present time. The tribe has no tribal funds nor any other tribal assets left. [Ex(ract from Indian appropriation act approved Apr. 21, 1004.] CHIPPEW4S OF NORTH DAKOTA. Whereas the Turtle Jiountain Band of Chippewa Indians did on the 2d day of October, 1S92, enter into an agreement with the United States through the commissioners of the United States duly appointed for that purpose; and Whereas it is deemed for the best interests of the said Indians that the said agreement be in some respects modified and amended. It is hereby enacted that said agreement be amended so as to read as follows: "Article I. The friendly relations heretofore existing between the Turtle Mountain Band of Chippewa Indians and the United States shall be forevei maintained. "Art. II. The Turtle Mountain Band of Chippewa Indians, in consideration of the covenants and stipulations hereinafter contained, do hereby cede, alienate, and convey to the United States all the claims, estate, right, title, and interest of the Turtle Mountain Band of Chippewa Indians, or any of them as members INDIAN APPROPKIATION BILL. 541 of ^id bfthd of Indians, in and to all lands, tenements, and hereditaments situate, lying, and being in tlie State of North Daljota, excepting and reserving from this conveyance, for the purposes mentioned in Article III hereof, that ttect of land particularly mentioned and set apart by an Executive order of the President of the United State? bearing date the 3d day of June, A. D. 1884, to which reference is hereby had for more particular description, the said re- serve being 12 miles in length and 6 tnlles in breadth and now occupi^ as a reservation by the Turtle Mountain Band of Chippewa Indians. "It being expressly stipulated that the land now occupied and rised for school, church, and government purposes shall be so held at the pi6asiire of the United States, and may, with the approval of the Secretary of the Interior of the United States, be patented, when the interest of the United States, the Indians thereon, or the efficient school conduct requires. The Secretary of the Interior may, as occasion requires. Set apart other land in said reserve for school and other public uses. "Art. III. The land, woods, and waters above reserved for the Turtle Mountain Band of Chippewa Indians, subject to the stipulations contained In Article ll of this treaty and agreement, shall be held as the common property of the Turtle Mountain Band of Chippewa Indians ; and it is agreed that the United States shall, as soon as it can conveniently be done, causfe the land hereby reserved and held for the use of the Turtle Mountain Band of Ctiip- pewa Indians to be surveyed, as public latids are surveyed, for the purpose of enabling such Indians as desire to take homesteads, and the selections shall be so inade as to include in each case, as far as possible, thfe residence and im- Itfbvements of the Indians making selection, giviiig to each an equitable propor- tion of natural advantages, and when it is not practicble to so apportion the entire homestead of land in one body it may be set apart in separate tracts, not less than 40 acres in any one tract, unless the same shall abut upon a lake; but all assignments of land in severalty shall conform to the Government Survey. Atid lands in said reservation which shall not be taken by said Indians within stich time as may be fixed by the Secretary of the Interior after the ratification of this agreement inay be opened for settlement as other public lands. The survey of this land shall be made as Government surveys and at no expense to the Indians. "Abt. IV. In consideration of the premises and the foregoing cession the United States agrees to pay to the said Turtle Moimtaiu Band of Chippewa Indians the sum of .?1,000.000, such amount to be paid in cash or yearly install- fiifents, in such sums as the Secretary of the Interior may consider for the best interests (ft the said tribe of Indians: Provided. That in case the Secretary of the Interior does not see fit to pay the sum hereinbefore mentioned in cash. But fionSiders it for the best Interests of the Indians of said tribe to pay the same in yearly installments, he is hereby authorized and directed to expend such portion of the pro rata share of each Indian on the reserve, as liis needs tria^ require, in building, improving, and repairing the houses of such Indians, except as hereinafter agreed. "Abt. V. The schools now located upon the aboAe-named reserve are to be maintained in efficiency as at present so long as, in the opinion of the Secretary of the Interior, conditions demand the maintenance of such schools, not to exceed, however, the term of 20 years. "Art. TI. All members of the Turtle Mountain Band of Chippewa Indians who may be unable to secure land upon the reservation above ceded may take homesteads upon any vacant land belonging to the United States without charge, and shall continue to hold and be entitled to such share in all tribal funds, annuities, or other property, the same as if located on the reservation: Pro- vided, That such right of alternate selection of homesteads shall not be alienated Of represented by power of attorney. "Aet. VII. So long as the United States retains and holds the title to any laud in the use or occupation of any member of the Turtle Mountain Band of Chip- pewa Indians or the title to other property in the possession of any Indian of said band, which it may do for 20 years, there shall be no tax or other duty levied or assessed upon the property the title to which is held or retained by the United States. "Art. VIII. It is further covenanted and agreed that under no circumstances the Turtle Mountain Band of Chippewa Indians nor any members of said band of Indians shall take up arms against or resist the established authorities of the United States. Every person so violating this stipulation shall, in the discretion of the United States, be forever barred from the benefits of this ^42 INDIAN APPEOPEIATION BILL. agreement, and all rights of sucli person or persons hereunder shall be forfeited to the United States. "Abt. IX. This agreement to be of no binding force or effect until ratified by the Congress of the United States." Which said agreement so amended as aforesaid is hereby accepted, ratified, and confirmed: Provided, That the said agreement as amended as aforesaid be ratified and accepted by a majority of the adult members of said Turtle Mountain Band of Chippewa Indians in general council lawfully convened for that purpose; and be it further enacted that the sum of $1,000,000 be appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of carrying into effect the provisions of said amended agreement when ratified and accepted as aforesaid by said Indians: Provided, liowerer, That no part of said sum shall be paid until said Indians in general council lawfully convened for that purpose shall execute and deliver to the United States a general release of all claims and demands of every name and nature against the United States, excepting and reserving from such release the right of said Indians to the tract of land particularly men- tioned, described, and set apart by the Executive order of the President, dated June 3, 1884, and their right to individual allotment as provided in said amended agreement : Provided further, That the Secretary of the Treasury be, and he is hereby, authorized and directed to withhold from the amount herein appro- priated and pay to the attorneys who have represented said Indians the fol- lowing amounts, namely : James M. B. O'Grady and Charles J. Maddux, .iointly, the sum of $42,000, and to William W. Anderson the sum of $8,000, which sums shall be accepted by them, respectively, in full payment for all services rendered the said Indians by them or by those claiming under them; that for the pur- pose of mailing the surveys and allotments contemplated in said agreement, $3,000. Mr. Meritt. The next item is as follows : For support and education of one hundred Indian pupils at the Indian school, Bismarck, North Dakota, and for pay of superintendent, $18,200; for general repairs and improvements, $4,000; in all, $22,200. We offer for the record the following justification : Indian school, Bismarck, N. Dale. Fiscal year ending June 30, 1914, amount appropriated $23,200.00 Fiscal year ended June 30, 1913 : Amount appropriated 22, 700. 00 Amount expended 15, 385. 22 Unexpended balance 7, 314, 00 ANALYSIS or EXPENDITURES. Salaries, wages, etc 6,629.84 Telegraph and telephone service 43.70 Heat, light, and power (service) 344,20 Miscellaneous material 84,20 Stationery 4,74 Fuel 828, 41 Mechanics' supplies 7, 53 Cleaning and toilet supplies 90,86 Wearing apparel 1, 698, 21 Forage 738, 06 Provisions 1, 599, 92 Equipment , 573,24 Construction and repairs 2,057.17 Medical supplies 61, 00 Water 548,98 Miscellaneous 75.16 Total 15, 385. 22 INDIAN APPBOPKIATION BILL, 545 Statistical statement for year ending June 30, 1913. Value of school plant $70, 648 Number of buildings 9 Number of employees 12 Total salaries $6, 585 Average attendance 72 Enrollment 98 Capacity 60 Cost per capita $185 Area of school farm acres 160 Value of products of school $1, 538 Superintendent's estimate of needs for 1915. Support $17, 225 Repairs and improvements 1,100 Buildings 1 15,200 Total 33, 525 Indian school, Bismarck, N. Dak., 1915 — amount requested in proposed bill : Education and support of 100 pupils, including salary of superin- tendent 18,200 Repairs and improvements 4,000 Total 22, 200 The amount requested for support, including maintenance expenses of a gen- eral character, has been fixed at $18,200— the same as for 1914. The amount requested for general repairs and improvements, $4,000, constitutes a very con- servative estimate, it falling below the ordinary estimate for current expenses in connection with the upkeep of Indian-school plants. A nonreservatlon boarding school located on 160 acres of Government land. There is no " reservation " in its true sense at this point for the benefit of Indians. Salary list in effect Dec. 20, 1913. (Payable from Indian school, Bismarck, N. Dak., 1914.) Capacity, 60 ; enrollment, 90 ; average, 69. Salaries — Continued. Seamstress $500 Laundress 480 Cook 50a Assistant 300 Laborer 540 Salaries : Superintendent $1, 300 Physician 400 Teacher 600 Teacher 540 Engineerl 720 Matron 600 Assistant matron 300 Total 6, 780 The Chairman. I see you have reduced the amount here $1,000. Mr. Mekitt. Yes, sir. The support fund is the same and the repair and improvement fund is increased to $4,000. We have omitted the other items carried in the bill last year. The Chairman. I believe that is the usual increase in the repairs and improvements item ? Mr. Meritt. This is a trifle more than the usual increase, Mr. Chairman. In support of that item for repairs and improvements. I will say that we have at this school nine buildings, and the superin- tendent reports that the buildings are in need of considerable repairs. The Chairman. What is the next item ? 544 INDIAN APPROPRIATION BILL. Mr. Meritt. The next item is number 103, on page 59 of the bill, as follows : For support and education of four hundred Indian pupils at Fort Totten Indian Scliool, Fort Totten, North Dakota, and for pay of superintenndent, -$68,500 ; for general repairs and improvements, $8,000 ; in all, $76,500. We offer for the record the following justification : Indian School, Fort Totten, W. Dale. Fiscal year ending June 30, 1914, amount appropriated $74, 500. 00 Also, $15,000 for buildings in 1914 act. Fiscal year ended June 30, 1913 : Amount appropriated 73, 300.00 Amount expended 67, 513. 93 Unexpended balance 5, 986. 07 ANALYSIS OF EXPENDITURES. Salaries, wages ,etc 28,695.52 Traveling expenses 128. p5 Printing 21.50 Telegraph and telephone service 160.92 Miscellaneous material 1,503.84 Stationery 31. 32 Fuel 5, 418.-67 Mechanics' supplies ^ 117. 01 <31eaning and toilet supplies 622.65 Wearing apparel 8, 582. 60 Forage 179. 21 Provisions 9, 099. 25 Equipment 5, 847. 55 Construction and repairs 6, 430. 75 Medical supplies 364. 06 Miscellaneous 311.03 Total 67, 513. 93 Also, $5,017.10 expended from appropriation, " Indian school. Fort Totten, K. Pnk., buildings." Statistical statement for year ended June 30, 1913. Value of school plant $iiS, 200 Number of buildings 35 Number of employees 45 Total salaries $28,660 Average attendance 332 Enrollment 407 Capacity , , 323 Cost per capita $184 Area of school farm acres 1,560 Value of products of school $4,635 SUrperintendent's estimate of needs for 1915. Support $68; 470 Repairs and improvements 9, OOQ Buildings 10,000 Total 87{470 Indian school, Fott Totten, N. Dak., 1915, amount requested in pro- posed bill: Education and support 6f 400 pupils, including salary of stipei*- Intendeht 6|,500 Repairs and improvements - 8,000 Total 76,500 INDIAN APPEOPKIATION BILL. 545 The amount requested for maintenance expenses for 1915 for this school Is the same as that appropriated for the same purpose during the current fiscal year. The amount estimated for genera] repairs and improvements is a little over 4 per cent of the total Value of the school plant. This is a low estimate, and it Is anticipated that the entire amount will be needed. On December 3 the superintendent at Fort Totten reported that the horse barn at the school was totally destroyed by fire, together with 300 tons of hay, 200 bushels of grain, and other property, including wagons and machinery. In his estimate submitted December 17 the superintendent says that it will take $5,500 to reconstruct the barn— $4,000 for material and $1,500 for labor. Supervisor of Indian Schools Heber M. Creel, reporting upon the flre, says ttiat the foundation on which the old bam stood has been very materially in- jured by the fire and should b'e partially, at least, replaced before a new struc- ture is put on it. Owing to the probable necessity of extensive repairs on the old foundation, it is probable that $6,000 will be needed to replace the barn. There is now considerable stock and machinery and forage without proper protection at this school. The winters are long and very severe, and the barn is absolutely necessary. The previous estimate for this school of $76,500 should be increased by this amount, making the total $82,500. This is one of the largest boarding schools to which the Indian children of North Dakota have access. It draws its pupils mainly from the Turtle Moun- tain and Devils Lake Reservation, and there Is tributary thereto a school population of over 800. This school will be needed for many years to come for the uplift and education of the Indian communities in the Middle West. A boarding school of a capacity of between 300 and 400 pupils, designed mainly to provide for children of the Devils Lake and Turtle Mountain Bands, statistical information as to which see items 100, Support of Chippewas, Turtle Mountain Band, and 98, Support of Sioux, Devils Lake, N. Dak. Salary list in effect Dec. 20, 1913. [Payable from " Indian School, Fort Totten, N. Dak., 1914."] Capacity, 231 ; enrollment, 279 ; average, 228. Salaries : Superintendent $2, 000 Principal 1, 200 Clerk 1,000 Assistant clerk 720 Disciplinarian 900 Teacher 660 Teacher 660 Teacher 600 Teacher 600 Teacher 600 Teacher of housekeeping, 10 months, $72 per month_ 720 IMatron 660 Assistant matron 540 Assistant matron 500 Nurse 720 Seamstress 600 Assistant seamstress 300 Laundress 500 Assistant laundress 300 Salaries — Continued. Baker Cook Assistant cook Farmer Carpenter Assistant carpenter Assistant carpenter Tailor Shoe and harness maker. Painter Gardener Engineer Assistant engineer Assistant engineer Assistant engineer Laborer Laborer $500 600 300 720 900 720 300 660 720 680 660 900 300 300 300 600 480 Total 23, 420 OBEY NUN'S DEPAKTMENT. Capacity, 92; enrollment, 123; average, 100. Salaries : Principal teacher- Teacher Assistant teacher. Matron Assistant matron- Seamstress $660 50O 480 500 400 400 Salaries — Continued. Laundress Assistant laundress- Cook Laborer 240 400 520 Total - 4, 580 24455—14- -35 546 INDIAN APPBOPBIATION BILL, The Chairman. I see you have increased the item for general re- pairs and improvements from $6,000 to $8,000. Mr. Meritt. Yes, sir. The Chairman. I believe that is about the usual increase. Last year you had an item, " For construction of power house recently destroyed by fire and for installation, repair, and improvement of heating and lighting plant, $15,000," which you omit this year. Mr. Meritt. That was a special appropriation to meet an imme- diate and urgent condition there which resulted from a fire. The Chairman. Has that building been completed ? Mr. Meritt. It is in process of construction. Mr. BuEKE. Mr. Meritt, this school is located farther north Mian any nonreservation Indian school, is it not ? Mr. Meritt. Yes, sir. Mr. Burke. Now, the average attendance at this school is 332, and I notice that the per capita cost is only $184, as against $204 at the Carson City, Nev., school. I mention this fact in order that I may again emphasize the point that it would seem as if the per capita cost of the Carson City, Nev., school is too high, and unless it can be justified the committee will certainly feel that they ought to reduce the appropriation at that school. Mr. Meritt. It impresses me as being high, but, of course, they have very poor land at that school, which accounts, to some extent, for the high per capita cost. Mr. Burke. The number of employees at the Fort Totten school is pretty large and also the salaries paid, as compared with the Albu- querque school, for instance, the attendance being about the same. Have you an explanation to make as to why there should be 34 em- ployees at Albuquerque and 45 at Fort Totten and $5,000 more paid in salaries at Fort Totten than at Albuquerque ? Mr. Meritt. The living conditions at Fort Totten require larger salaries. Mr. Burke. Do the living conditions require 11 more employees at Fort Totten than at Albuquerque? Mr. Meeitt. No, sir ; I do not think so. The following is a compari- son of per capita cost at the Albuquerque Indian School, New Mexico, and the Fort Totten Indian School, North Dakota, during the fiscal year 1913: Albuquerque : Enrollment 365 Average attendance 336 Fort Totten: Enrollment 407 Average attendance 332 Cost for support minus construction and repairs : Albuquerque $50,527 Fort Totten 61, 083 Excess cost at Fort Totten 10, 556 Per capita cost, based on average attendance : Albuquerque 150 Fort Totten 184 Based on enrollment: Albuquerque 138 INDIAN APPROPEIATION BILL. 547 i'"roin the above figures It appears that, based on enrollment, the per capita cost at Fort Totten was less than at Albuquerque, although Fort Totten has 11 more employees, and its cost for salaries is in excess of Albuquerque $5,585. (Additional employees. ) Two schools are conducted at Fort Totten, the boarding school proper and the " Gray nuns' department." The latter has 10 employees. Other than the duplication of certain positions occasioned by this division of the school there are only minor differences between the personnel and salaries of the force of employees at both Alburquerque and Fort Totten. It may be said, also, that the enrollment is not an unfair criterion as to per capita cost, as the superintendent must estimate for his annual supplies on the basis of anticipated enrollment, not knowing definitely how good an at- tendance he will be able to maintain. Having deducted the amount $5,585, representing increased cost for salaries at Fort Totten, from the total excess of $10,556 (given before), leaves $4,971, representing the excess cost at Fort Totten for other purposes. This difference is more than made up as follows : Cost for fuel : Fort Totten $5,418 Albuquerque 2, 507 Difference $2, 911 Cost for clothing : Fort Totten 8, 582 Albuquerque 5, 928 Difference 2,654 Total 5, 565 This additional expense at the Fort Totten school is, of course, necessitated by the severe climate and inclement winters of its location near the Canadian border, in North Dakota. Mr. BuRiLE. It occurs to me, and I know it does to the other members of the committee, that there ought not to be so much differ- ence in the amount paid for salaries and in the number of em- ployees at these schools, where the attendance is identical. Where the difference is so large there ought to be some explanation of it. Mr. Meritt. I am glad you called my attention to this. We in- tend to analyze the statement from each school and find out about the lack of uniformity at the schools. The Chairman. What is the next item? Mr. Meritt. The next item is No. 104, on page 60 of the bill, as follows : For support and education of 200 Indian pupils at the Indian school, Wahpe- ton, N. Dak., and pay of superintendent, $35,200; for general repairs and im- provements, $5,000; in all, $40,200. We offer the following justification for the record : Indian School, Wahpeton, N. Dak. Fiscal year ending June 13, 1914 : Amount appropriated $43, 700. 00 Fiscal year ended June 30, 1913 : Amount appropriated 33, 500. 00 Amount expended 33, 309. 33 Unexpended balance 190.67 548 INDIAN APPEOPEIATION BILL. ANALYSIS OF EXPENDITURES. Salaries, wages, etc $11,084.41 Traveling expenses 78. 95 Telegrapji and telephone service 59.13 Heat, light, and power (service) 575.51 Miscellaneous material 103.43 Stationery 6.17 Fuel 3, 597. 65 Mechanics' supplies 18.68 Cleaning and toilet supplies 142.28 Wearing apparel 4, 033. 38 Forage 123. 61 Provisions 4, 272. 70 Equipment 5,198^82 Construction and repairs 3, 522. 79 Medical supplies 166. 13 Miscellaneous 325. 69 Total 33, 309. 33 Also, $3,985.28 expended from appropriation for buildings. Statistical statement for year ending June 30, 1913. Value of school plant $152,715 Number of buildings 22 Number of employees 19 Total salaries $11, 740 Average attendance 129 Enrollment 156 Capacity 180 Cost per capita $230 Area of school farm acres— 180 Value of products of school- $1,810 Superintendent's estimate of needs for 1915. Support $35,500 Repairs and improvements 5,000 Buildings 30, 000 Total 70,500 Indian school, Wahpeton, N. Dak., 1915, amount requested in proposed bill: Education and support of 200 pupils, including salary of super- intendent $35, 200 Repairs and improvements 5,000 Total ^ 40,200 The amounts requested in the proposed bill for maintenance expenses and for general repairs and improvements, respectively, at this school are the same as those appropriated for a like purpose for the current fiscal year. A departure from these amounts in the estimate of needs for this school for the ensuing fiscal year would not seem to be justified. The school plant is in a satisfactory condition. Within the last two years a considerable sum of money has been appropriated and used for the general . upkeep and improvement of this plant, additional dormitory space has been provided, and the various departments of the school have been given more accommodations. As a result this school is now able to accommodate 200 pupils, whereas in 1912 its capacity was limited to 80. This school is located on 180 acres of land formerly within the Lake Traverse Indian Reservation, which was created for the benefit of the members of the Sisseton and Wahpeton Tribes. Allotments to 2,006 Indians, covering an aggre- gate area of 308,838 acres, have been made. Five hundred and seventy-four INDIAN APPROPKIATION BILL. 549 thousand six hundrecl and seveuty-eight acres were opened to settlement by proclamatiou of April 11, 1892, and tliere is no remaining tribal land witbln this reservation other than the comparatively small area reserved for administrative purposes. Salary list in effect Dec. 20, 191S. [Payable from " Indian School, Wahpeton, N. Dak., 1914,"] Capacity, 180; enrollment, 155; average, 131. Salaries : Superintendent $1,600 Principal teacher- 800 Financial clerk ; 1, 000 Physician Disciplinarian Teacher Teacher Matron Assistant matron- Assistant matron- Seamstress Housekeeper Nurse 600 720 660 630 660 420 540 500 660 720 Salaries — Continued. Laundress Cook Farmer ', Carpenter Engineer Laborer Laborer Shoe, and harness maker- Band leader Assistant cook 480 540 840 84i0 900 300 660 300 300 480 Total 15,150 The Chairman. What is the amount of the per capita cost at this school ? Mr. Meritt. $230. The Chairman. Can you give any explanation of why it should be more here than at Fort Totten ? Mr. Meritt. In this case the per capita cost is entirely too high, Mr. Chairman, and I am not going to try to justify that per capita cost. We will call that matter to the attention of the superintendent and see if that condition can not be remedied. Mr. Carter. Mr. Meritt, there is a good deal in what Mr. Burke has just stated, and unless some reason can be given for these radical differences in cost at these schools as one member of the committee I would feel that we ought to try to bring them to some sort of average, or as nearly so as pos.sible. That is an enormous cost. Mr. Meeitt. The cost is too much, Mr. Carter, and the office will not object to a reduction in the support fund at that school in order to bring the cost down to conform to the cost at other schools in the service. The Chairman. A few years ago the per capita cost was $167. Mr. Meritt. Yes, sir ; but the office found that they could not con- tinue the schools at that per capita cost of $167 on account of the difference in the cost of living and the high cost of everything as compared with what it was a few years ago. Mr. Burke. Have you any information as to the attendance at that school at the present time ? I do not mean last year. Mr. Meritt. It is about the same as it was last year. Mr. Burke. There was an increase of attendance, I think, from 150 to 200. That was the increase, if I remember coi-rectly. There is no school in the service at which there has been as much expended for buildings, additions to farm, for purchase of stock, etc., as at this school. Yet there is no school that costs as much per capita to main- tain, and it grows each year. Now, I think you ought to furnish the committee with some justification for the enormous cost of maintain- ing this school. 550 INDIAN APPROPRIATION BILL. Mr. Meritt. For the year 1912 an appropriation was made for only 100 Indian children at "Wahpeton, N. Dak., and also for additions to dormitories, the latter amounting to $30,000, thus increasing the ca- pacity of the school to over 150 pupils. During 1913 it was necessary to equip these dormitories and make purchase of supplies necessary for this increased enrollment. It was also necessary to purchase a large amount of additional equipment. For the latter purpose $5,198 was spent. I am not going to attempt to justify that cost, because I think it is entirely too high. We will see if these conditions can not be remedied. The Chairman. What is the next item ? Mr. Meritt. The next item reads as follows : • For support and civilization of the Wichltas and affiliated bauds who have been collected on the reservations set apart for their use and occupation in Oklahoma, including pay of employees, $5,000. This is the same amount that was appropriated last year. The Chairman. And it is the same language, excep t tha t you have added the words " including pay of employees." Mr. Meritt. Yes, sir; that was done in order to make it uniform. We submit the following justification for the record in support of that item : Support of Wiohitas and affiliated 'bands, Oldahoma. Fiscal year ending June 30, 1914, amount appropriated $5,000.00 Fiscal year ended June 30, 1913 : Amount appropriated 5, 000. 00 Amount expended 3, 644. 91 Unexpended balance 1, 355. 09 ANALYSIS OF EXPENDITT7KBS. Salaries, wages, etc 2,854.67 Traveling expenses 305. 23 Fuel 108. 75 Forage 104.50 Medical supplies 181. 74 Total 3, 644. 91 This appropriation is used at Kiowa Agency for the benefit of the Indians indicated, of whom there are 1,064, and it is quite necessary for the pay of em- ployees, traveling expenses, and the purchase of fuel, forage, and general sup- plips. The Wichita Reservation was created by treaty and contains some 740,000 acres, of which 152 acres have been allotted to 967 Indians. Upward of 590,000 acres were opened to settlement and entry by proclamation of July 4, 1901. There is no tribal land remaining for use of these Indians 'or disposal other than the limited number of acres reserved for administrative purposes. These Indians are now under the jurisdiction of the Kiowa Indian School. Mr. Meritt. The employees paid from this appropriation will be found in the list for the Kiowa Agency, Okla. The Chairman. What is the next item? Mr. Meritt. The next item reads : The Secretary of the Interior is hereby authorized to withdraw from the Treasury of the United States, at his discretion, the sum of $25,000, or so much thereof as may be necessary, of the funds on deposit to the credit of the Kiowa, INDIAN APPROPRIATION BILL. 651 Comanclie, and Apache Tribes of Indians in Olvlahonia, for the support of the agency and pay of employees maintained for their benefit. The following justification is offered in support of this item : Apache, Kiowa, and Comanche 4 per cent fund. Fiscal year ending June 30, 1914, amount authorized by the act of June 30, 1913 $25, 000. 00 Fiscal year ended June 30, 1913 : Amount appropriated 25, 000. 00 Amount expended 22, 224. 61 Unexpended balance 2, 775. 39 ANALYSIS OF EXPENDITtTEES. Salaries, wages, etc 17, 352. 19 Traveling expenses 1, 378. 56 Printing 88. 00 Telegraph and telephone service 431. 04 Heat, light, and povrer (service) 316.82 Fuel 329. 60 Forage 506.71 Equipment 1, 426, 05 Miscellaneous 395. 64 Total 22, 224. 61 This fund is used at Kiowa Agency, Okla., for the benefit of 3,110 Indians of the tribes named. This number does not include 1,064 Wichitas, etc., who are otherwise provided for. The amount Is absolutely necessary for the pay of employees, traveling expense, fuel, forage, etc. This reservation was created by treaty and embraced originally some 2,500,000 acres, of which 445,000 acres have been allotted to 3,444 members of the Kiowa, Comanche, and Apache Tribes. The residue, some 2,100,000 acres were opened to settlement and entry. There are no tribal lands remaining at this point other than the limited number of acres reserved for administrative purposes. Employees. Position. Rate of Total. pay. $1,800 $1,800 1,400 1,400 1,000 2,000 900 900 900 1,800 176 450 1,400 1,400 780 3,120 840 840 12,810 1,300 1,200 1,300 1,200 1,000 1,000 1,000 1,000 360 360 600 600 480 960 5,120 Payable from — White: 1 clerk 1 financial clerk 2 assistant clerks 1 assistant clerk 1 stenographer and typewriter 2 clerks, 3 months 1 physician 4 lanners 1 carpenter 1 clerk Indian: 1 clerk 1 assistant clerk 1 lease clerk 1 assistant carpenter 1 laborer 2 laborers Apache, Kiowa, and Comanche 4 per cent fund. Do. Do. Do. Do. Do. Do. Do. Do. Do. Support of Wichitas and Affiliated Bands, 1914. Apache, Kiowa, and Comanche 4 per cent fund. Do. Do. Do. Do. Do. Do. 552 INDIAN APPEOPRIATION BILL. Employees — Continued. Position. Rate of pay. Total. Payable from— Indian— Continued. $300 720 720 900 720 300 MO 120 2 1,600 $600 720 720 Support of Wichitas and AlHliated Bands, 1914. Do. 1 assistant clerk Do. 2,040 Do. 2 farmers .... 1,800 2,160 900. Industrial work and care of timber 1914. Do. • Do. 2 chiefs of police 4,860 960 3,840 Do. Pay of Indian police, 1914. Do. 1 examiner of accounts, 6 months 4,800 750 Do. General expenses, Indian Servic*, 1914. 1 Per montli. ' And actual necessary traveling expenses, including sleeping-car fare and expenses, and a per diem of 13 in lieu of subsistence. This is the same amount and the same langxiage as occurred in the present appropriation act. The CiiAiEMAx. I notice that $1,378.56 of this amount is for trav- eling expenses. Can you give us some idea why it is necessary to spend so much money for that purpose, and who spends it? Mr. Meritt. This is quite a large reservation and there are a number of farmers located on the reservation. The superintendent has been called to Washington practically every year for a number of years, and considerable traveling is necessary. The Chairman. And this is to be paid out of the funds on deposit belonging to the Indians ? Mr. Meritt. Yes, sir. The Chairman. When a committee of Indians is authorized to come to the capital and remain a while, are such trips made at the expense of the tribe? _ Mr. Meritt. We have had Indians come here from that reserva=- tion within the last year. The Chairman. Do you authorize the payment of that expense out of this fund ? Mr. Meritt. It can be paid out of this appropriation. The Chairman. That, then, would account for this item of travel- ing expenses? Mr. Meritt. Yes, sir. The Chairman. I notice there is an unexpended balance of $2,775.39. Why do you carry such an unexpended balance? Mr. Meritt. That item of unexpended balance has been decreased since this item was made up, and we need the full amount of $25,000 authorized at this agency. The Chairman. You do not think it could be cut to correspond with the balance you have here, say to $22,-500? Mr. Meritt. No, sir ; I think it would be inadvisable to do that. The Chairman. What is the next item? INDIAN APPEOPKIATION BILL. 55S Mr. Meeiti'. The next item reads: That the Secretary be, and he is hereby, anthorizea to \\itbclriiw from the Treasury of the United States, at his discretion, tlie sriii .if .'i;2riU,000, or so much thereof as may be necessary, of the funds on deposit to tlie inxNlit of the Kiowa, Comanclie, and Apache Tribes of Indians in (.)lvlahouia. and p'ay out Vhe same for the benefit of the members of said tribes for tlieir juainteuance and support and improvement of their homesteads for the ensuing year, in such manner and under such regulations as he may prescribe. The following justification is offered for the record : The item authorizing the withdrawal of $250,000 of the funds on deposit to the credit of the Kiowa, Comanche, and Apache Tribes of Indians in Oklahoma is the same as the Item which was enacted in the Indian appropriation bill for the current year, approved June 30, 1913. The Kiowa, Comanche, and Apache Indians had in the Treasury to their credit on July 1, 1913, $3,916,918.11. The 1 per cent fund deposited in the Treasury under the act of June 5, 1906 (34 Stat. L., 213), amounted to $2,951,403, and the 5 per cent fund in the Treasury deposited therein under the act of June 6, 1900 (31 Stat. L., 678), amounted to $965,514.93. Prior to the last year there were three successi\e droughts in that part of Oklahoma occupied by the Kiowa, Comanche, and Apache Indians, which has left those Indians in a very unsatisfactory financial condition. The department has abolished the " red card," or credit system, at the Kiowa Agency, and it Is necessary that the Indians receive at least a part of their moneys in the Treas- ury in order to aid them at this time to keep on a cash basis. It is apparent that Indians should not be permitti^d to want for the necessities of life, resulting from unprecedented droughts, while having to their credit in the United States Treasury more than $3,000,000. The money in question be- longs to the Indians, resulting fi-om the sale of their lands, and these Indians should not be required to pay a large per cent on loans and credits, amounting in some cases to from 10 to 25 per cent, when they have a large amount of money in the Treasury to their credit, which is only drawing 4 and 5 per cent. In this connection attention is invited to House Report No. 94, Sixty-second Congress, first session, which seis out in detail the condition of the Indians and their urgent need for funds. It is believed that the proposed legislation should be enacted. The same amount and same language was used last year. Mr. Btjeke. Mr. Meritt, this amount of $250,000 is expended on a per capita basis, is it ? Mr. Mekitt. Yes, sir. Mr. Burke. Are there other moneys, such as interest on their fund, being distributed also ? Mr. Meeitt. I think not, Mr. Burke. Mr. BtJKKE. Do the same conditions obtain there now that were used as the reasons for making this appropriation originally, or rather allowing them to have this amount of money ? Mr. Meritt. I think that Congress might well make this appro- priation, because the Indians have in the Treasury to their credit a large amount of money, the total amount being something like four or five million dollars. Mr. Burke. House Docum.ent, 328, Sixty-third Congress, second session, shows that these Indians have to their credit $4,260,471.56. Now, is it your opinion that the expenditure of this amount of money is benefiting the Indians, or is it tending to pauperize them? Mr. Meritt. Those Indians have been up against a real hard propo- sition during the last three years. They have had a drought m that country, and they have been in serious need of this money. There has been a crop failure there. 654 INDIAN APPKOPEIATION BILL. Mr. Btjeke. Page 9 of this document I just referred to shows that the Indians got $96,552.20 for per capita payments in money, and that they got for support $69,328.78, and tbey got $66,344.34: in the payment of salaries of employees. I suppose the amount expended for salaries of employees probably includes the $25,000 that is au- thorized in paragraph 106, but if it is going to require $66,000 in salaries to expend $250,000, it seems to me that is rather extravagant administration, an'd I do not understand it. Mr. Meriti'. No, Mr. Burke, that amount is not required to ex- pend this $250,000. Mr. Elliott, of the finance division, is here and he helped to make up this statement and can explain in detail those figures. ,' Mr. Elliott. The per capita payments of $96,000 which you men- tioned were made from the Apache, Kiowa, and Comanche fund and the interest on it, and the Apache, Kiowa, and Comanche 4 per cent fund and the interest on it. The $66,000 in salaries was paid from hU funds and was applied not only to the agency but to the four boarding schools under the Kiowa superintendency. Mr. Meeitt. You notice the heading says " Disbursed from public or trust funds during the fiscal year 1913." That would include dis- bursements from all appropriations made by Congress as well as the tribal funds of the Indians. Mr. BuHKE. But the statement says for salaries of employees. Mr. Elliott. That is for salaries of school employees and agency employees ; all salaries in that superintendency. Mr. BuEKE. In other words, the salaries paid at this agency for all purposes is over $66,000? Mr. Elliott. Yes, sir. You must remember there are four big boarding schools there. Mr. Burke. The disbursements from public or trust funds during the fiscal year 1913 I assume would be all the moneys that were dis- bursed, and the total is $244,484.74. Mr. Elliott. Yes, sir. Mr. Bueke. Now, what I want to get at is whether that is the $250,000 that we authorize Mr. Elliott (interposing). No; not nearly all of that $250,000 was used. That was only used for per capita payments, and there were only $96,000 in per capita payments altogether. Mr. Burke. Then, there was $250,000 paid out to these Indians in addition to the amount that appears on page 9 of House Document No. 328, Sixty-third Congress, second session? Mr. Elliott. No, sir. Mr. Burke. I want to find out Mr. Elliott (interposing). There was only $96,000 paid out in per capital payments altogether. So you can see that not neorly all of the $250,000 was used. Mr. Bueke. I understand, but the total over in the right-hand col- umn is $244,484.74. Mr. Elliott. That represents the total disbursements on account •of the Apaches, Kiowas, and Comanches, including per capita pay- ments to Indians. Mr. Bueke. Was that paid from this appropriation? INDIAN APPKOPRIATION BILL. 555 Mr. Elliott. A part of it was, but only a small part of it. All of that went to per capita payments Mr. Meeitt (interposing). We will get up a statement of that for you. Mr. Burke. I do not understand it. What I am trying to get at is this : Here is an authorization for the taking out of $250,000 and for the paying out of the same " For the benefit of the members of said tribes, for their maintenance and support, and improvement of their homesteads." Now, that is pretty broad. This statement shows that $244,484.74 was expended, and what I am trying to find out is whether that is in addition to this $250,000. Mr. Meeitt. As I understand it, this statement includes all of the funds disbursed from public or trust funds during the fiscal year 1913. We are using additional funds for the support of boarding schools at these reservations out of the school support funds. We still have an unexpended balance so far of this appropriation of S250,000, and that will be utilized. Mr. BuEKE. Either I do not make myself clear or I do not under- stand you; now, do I understand that these four boarding schools that Mr. Elliott has just referred to are supported out of the item of $1,420,000 for the support of schools? Mr. Meritt. Yes, sir. Mr. BuEKE. And does this amount here of $66,344.34 show all of the salaries paid, from whatever funds they are paid ? Mr. Meeitt. Yes, sir. That is right. Mr. BuEKE. Then, it shows that we expended for these Indians $232,225.32. Now, in addition to that, did we expend the $250,000 that was authorized specifically in the bill ? Mr. Meeitt. This statement is not clear, and we will get up a state- ment and put it in the record, showing exactly how this money was expended and from what appropriations it was expended. (The statement is as follows :) Apache, Kiowa, and Comanche trust funds. [See page 9, House Document No. 328.] PER CAPITA PAYMENTS IN MONEY. Apache, Kiowa, and Comanche fund $45,035.77 Interest on Apache, Kiowa, and Comanche fund 5, 035. 27 Apache, Kiowa, and Comanche 4 per cent fund 938.16 Interest on Apache, Kiowa, and Comanche 4 per cent fund 45, 543. 00 Total 96, 552. 20 The $250,000 authorized by the act of August 24, 1912, to be withdrawn from the tribal funds of the Apaches, Kiowas, and Comanches, to be expended for their benefit, is being used only in making per capita payments to Indians. Only $45,537.25 of the amount authorized was used during the fiscal year 1913, owing to complications arising in the settlement of individual Indian accounts with traders, etc., which occasioned delay. The amount paid was from the last above-mentioned fund, " Interest on Apache, Kiowa, and Comanche 4 per cent fund." 556 INDIAN APPROPEIATION BILL. SALAEIES OF EMPLOYEES. Appropri- ation. Trital. Total. Agency Anadarko Boarding School Tort Sm Boarding School Eainy Mountain Boarding School Eiverside Boarding School Total $8,792.50 8,036.12 11,646.46 10, 210. 11 9,827.23 $17, 432. 14 46.30 286.43 133.58 33.47 48, 412. 42 17,931.92 $26,224.64 8,082.42 11,832.89 10,343.69 9,860.70 66,344.34 SUPPOET AND CIVILIZATION. Agency Anadarko Boarding School Fort Sill Boarding School Rainy Mountain Boardnie School Eiverside Boarding School Total $5,660.43 11,155.71 12,992.39 11,061.98 16,044.33 56,914.84 $6,463.23 434. 29 2,670.83 2, 204. 77 640. 82 12,413.94 $12,123.66 11,590.00 15,663.22 13,266.75 16,685.16 69,328.78 The Chairman. What is the next item ? Mr. Meritt. The next item reads: For support and civilization of the Cheyennes and Arnpahoes who have been collected on tlie reservation set apart for their use and occupation in Okla- homa, including pay of employees, $35,000. That is the same amount that was appropriated last year. We offer for the record the following justification in support of the item : Support of Cheyennes and Arapahoes, Oklahoma. Fiscal year ending June 30, 1914: Amount appropriated $35,000.00 Fiscal year ended June 30, 1913 : Amount appropriated 35, 000. 00 Amount expended 32, 819. 62 Unexpended balance ^ 2, 180. 38 ANALYSIS OF EXPENDITXJBES. Salaries, w^ages, etc 28,485.94 Traveling expenses 755. 84 Transportation of supplies 150.00 Telegraph and telephone service 102.12 Printing 12. 00 Miscellaneous material 237. 91 Fuel 345. 37 Mechanics' supplies 3. 35 Cleaning and toilet supplies 3.06 Forage ; 910. 12 Provisions 19. 28 Equipment 1, 149. 40 Medical supplies 634. 73 Miscellaneous 10. 50 Total 32, 819. 62 This appropriation is used for the support of four agencies having a juris- diction over a total population of 2,739 Indians, and is required for the pay of employees, traveling expense, fuel, forage, and miscellaneous supplies. ■ Since the analysis of expenditures was made claims have been presented covering this entire balance. INDIAN APPROPRIATION BILL. 557 The reservation originally contained over 4,000,000 acres, of which 528,789 acres were allotted in severalty to some 3,400 members of the tribe. The residue, upward of 3,500,000 acres, were opened by proclamation of August 12, a903. There is no surplus tribal land at this point other than a limited num- ber of acres reserved for administrative purposes. V The employee list for. the four agencies supported from this ap- ropriation are submitted here: CANTONMENT, OKLA. Number and position. Rate of pay. Total. Payable from — White: 1 clerk. . 1 lease clerk 1 stenographer and type-writer. 1 physician Ifarmer 1 blacksmith 1 carpenter Indian: 1 financial clerk.. 1 assistant clerk. 1 laborer Miscellaneous: 2 farmers... 1 field matron. 2 privates $1,100 1,080 900 600 900 720 720 720 240 720 300 p.m. 25 $1,100 j,o80 900 600 900 720 720 6,020 720 240 1,440 300 1,740 600 Support of Cheyeimes and Arapahoes, 1914. Do. Do. Do. Do. Do. Do. Do Do. Do. Industrial work and care of timber, 1914. Do. Fay of Indian police, 1914. CHEYENNE AND AEAPAHOE, OKLA. White: 1 financial clerk - $960 1,000 960 660 1,100 600 1,200 720 1,200 960 300 360 300 300 1,200 900 660 540 840 720 p.m. 25 $960 1,000 960 660 1,100 600 1,200 720 Support of Cheyennes and Arapahoes, 1 clerk. 1914. Do. Do. Do. Do. 1 a.WKt.aTif: plflrlr Do. Do. Do Do. 7,200 Indian: 1 chief clerk . 1,200 960 1,200 360 600 300 Do. Iclwk ...; Do. 4 assistant farmers Do. Do. 2 laborers Do. 1 janitor... Do. ! 4,620 Miscellaneous; 1 farmer 1,200 900 660 640 840 720 Industrial work and care of timber, Do 1914. Do. Do Do. Do.... Do. Do. Do... Do. 4,860 300 Pay of Indian police, 1914. h. 558 INDIAN APPEOPEIATION BILI>. CHEYENNE RIVEE, S. DAK. Number and position. Rate of p«y. Total. Payable from— White: 1 ohiet clerk. Jl,660 tl,560 1 clerk Do 1 assistant clerk. 1 physician 1 farmer 1 blacksmith 1 engineer 1 carpenter 1,200 1,200 1,080 1,080 840 840 1,200 1,200 900 900 900 900 900 900 840 840 9,420 1 physician. 1 laborer. , Do... Indian: 1 assistant clerk. 3 laborers 1 laborer 1 janitor 1 hospital assistant nurse 1 laborer Do .■;;.■;■;■' 1 hospital laborer 1 assistant blacksmith 2 line riders '_] 1 assistant farmer 1 superintendent of works and acting interpreter. 2 mechanics 1 laborer and acting interpreter. . ... . 720 480 480 180 360 240 480 360 420 720 300 600 300 720 720 1,920 1,440 180 360 240 360 480 360 420 ,440 300 600 720 300 Support of Sioux of different tribes employees, 1914. '' Do. Do. Do. Do. Do. Do. Do. Do. Proceeds of Chey eime River and Stand- ing Rock Reservation, S. Dak. and N. Dak. Do. Do. Support of Sioux of different tribes, employees, 1914. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. RED MOON, OKLA. White: 1 financial clerk S720 400 300 720 300 p. m. 20 S720 400 300 Support of Cheyennes and Arapahoss, Oklahoma, 1914. Do. Do. Iphysician 1 assistant 1,420 Miscellaneous: 1 farmer 720 300 Industrial work and care of timber, 1914. Do. 1 field matron 1 private 1,020 240 Pay of Indian police, 1914. • SEGER, OKLA. White: 1 clerk. , 1 financial clerk 1 stenographer and typewriter '. 1 physician 1 general mechanic .... ! Indian: 1 blacksmith . 2 laborers. $1,000 $1,000 720 840 720 720 480 720 840 720 720 4,000 480 360 720 1,200 Support of Cheyennes and Arapahoes, 1914. Do. Do. Do. Do. Support of Cheyennes and 1914. Do. INDIAN APPBOPEIATION BILL. SEGER, OKLA.— Continued. 559 Number and position. Rate of pay. Total. Payable from— Itacmer llarmer 1 field matron 2 privates 1 stenographer and typewriter. $840 780 600 p. m. 20 p. m. 60 $840 780 600 2,220 480 450 Industrial work and care of timber, 1914. Do. Do.- Pay of Indian police, 1914. Returning home of deceased Indian allottees, 1914. Th.e Chairman. What is the next item ? Mr. Meritt. The next item reads : For support and civilization of tlie Kansas Indians, Oklahoma, including pay of employees, $1,500. That is the same amount and the same language as in last year's act. We offer in support of that item the following justification : Support of Kansas Indians, OMahoma. Fiscal year ending June 30, 1914 : Amount appropriated $1, 500 Fiscal year ended June 30, 1913 : Amount appropriated _ 1, 500 Amount expended 1, 175 Unexpended balance 325 ANALYSIS OF EXPENDITUBES. Salaries, wages, etc 1> 175 Amount asked for, $1,500. This appropriation is used for the benefit of 158 Kansas (or Kansa) Indians, under the jurisdiction of Ponca Agency, and is expended for general agency purposes, including the pay of one physician at $600 per annum. The resei-vation comprised originally about 100,000 acres, of which 99,644 acres were allotted or deeded in severalty to 247 Indians in accordance with the provisions of the act of July 1, 1902 (32 Stats. L., 636), 260 acres being reserved for cemetery, school, and administrative purposes. No surplus land remains at this point. Mr. Meritt. The employees paid from this appropriation will be found on the list for the Ponca Agency, Okla. The Chairman. What is the next item ? Mr. Meritt. The next item reads : For support and civilization of the Kickapoo Indians in Oklahoma, including pay of employees, $3,000. The Chairman. That is an increase of $1,000 ? Mr. Meritt. There is an increase of $1,000, and we submit for the record the following justification in support of the item : Support of Kiokapoos, Olelahoma. Fiscal year ending June 30, 1914, amount appropriated $2,000.00 Fiscal year ended June 30, 1913 : Amount appropriated 2, 000. 00 Amount expended !> ^^- ^9 Unexpended balance ^^- '^^ 560 INDIAN APPBOPRIATION BILL. ANALYSIS or EXPENDITTJBES. Salaries, wages, etc $917.00 Telegraph and telephone service 118.38 Fuel 25. 00 Forage 75.00 Equipment 795. 91 Miscellaneous -r 23. 00 1,954.29 Amount asked for $3,000. This is $1,000 more than the amount allowed for the fiscal year 1914. The fund is used for the support and civilization of the Mexican Kickapoo Indians, and the amount heretofore allowed is insufficient to provide for necessary cler- ical help, together with the necessary supplies, traveling expense, etc. The in- terests of more than 300 Indians must be cared for under this appropriation. Reservation created originally by Executive order. Twenty-two thousand six • hundred and fifty acres were allotted to 280 Indians. About 500 acres reserved for school and administrative purposes. The remainder, or surplus lands, were opened to settlement by proclamation of May 18, 1895. No tribal lands remain undisposed of within the former reservation other than a limited area reserved for administrative purposes. Mr. Meeitt. The employee paid from this appropriation, one clerk at $900 per annum, will be found in the list for the Shawnee Agency, Okia. Mr. Caetee. Where are these Indians? Are they in Oklahoma now? Mr. Meeitt. Yes, sir. Mr. Caetee. They are the remnants of the tribe that did not go to Mexico, are they not? Mr. Meeitt. Yes, sir ; the superintendent still has under his juris- diction certain moneys that he has not been able to deliver to the Mexican Kickapoos. Mr. Caetee. Do they still own their lands in Oklahoma ? Mr. Meeitt. A part of the Mexican Kickapoos do. Mr. Caetee. These 300 do? Mr. Meeitt. Yes, sir. Mr. Caetee. And all the balance have sold their lands? Mr. Meeitt. No, sir; a part of the Mexican Kickapoos who are in. Mexico still own lands there. Mr. Burke. A part of the expense of administration consists in looking after the lands belonging to the Indians who have gone to Mexico, does it not ? Mr. Meeitt. Yes, sir; that is a very small part of the work, though. The Chaibman. What is the next item? Mr. Meeitt. The next item is as follows : For support and civilization of the Ponca Indians in Oklahoma and Nebraska, including pay of employees, $8,000. In support of that item we submit the following justification: . Support of Poncas, Oklahoma and Nehraska. Fiscal year ending June 30, 1914, amount appropriated $8,000.00 Fiscal year ended June 30, 1913 : Amount appropriated 8, 000. 00 Amount expended 7, 369. 24 Unexpended balance 830. 78 INDIAN APPROPRIATION BILL. 561 ANALYSIS OF EXPENDITURES. Salaries, wages, etc $5,770.85 Traveling expenses 43 qo Telegraph and telephone service 117.29 Miscellaneous material 35. 64 Fuel 229. 00 Mechanics' supplies 22. 22 Provisions 2. 96 Equipment _ 1, 131. 57 Medical supplies 16. 11 7, 369. 24 Amount asked for $8,000. There are 639 Indians under the jurisdiction of Ponca Agncy, Okla., not In- cluding the Kansas Indians, otherwise provided for, and 300 Pocas under the jurisdiction of the Santee Agency, Nebr., vrho are provided for from this fund. It is used for the pay of employees, traveling expense, fuel, supplies, etc. Created by deed from Cherokee Indians (tribe). One hundred thousand seven hundred and thirty-four acres have been allotted to 782 Indians and 523 acres have been reserved for administrative purposes. There is no tribal land within this reservation undisposed of available for use of the Indians at this time other than a limited area reserved for purposes of administration. The employee list for this agency and the Kaw Agency, Okla., is submitted here : PONCA, OKLA. Number and position. Rate of pay. Total. SI, 200 1,100 $1,200 1,100 720 720 720 720 1,000 1,000 600 600 900 600 5,340 600 1,800 1,000 600 1,000 600 3,400 p. m. 25 300 Payable from- Wliite: 1 clerk 1 lease clerk 1 assistant clerk 1 pbysician 1 general mecbanic. 1 laborer 1 physician Miscellaneous; 2 farmers Ifarmer 1 field matron 1 private Support of Poncas, 1914. Do. Do. Do. Do. Do. Support of Kansas Indians, Oklahoma, 1914. Industrial work and care of tim.ber, 1914. Do. Do. Pay of Indian police, 1914. The Chairman. What is the next item? Mr. Meeitt. The next item is as follows : For support and education of five hundred Indian pupils at the Indian school at Chiloceo, Okla., for pay of superintendent, $86,250 ; for general repairs and improvements, $7,000; new buildings, $18,000; in all $111250. We offer for the record the following justification : Indian school, Chiloooo, Okla. Fiscal year ending June 30, 1914, amount appropriated $90, 500. 00 Fiscal year ended June 30, 1913 : Amount appropriated 90, 500. 00 Amount expended S9, 674. 30 Unexpended balance 825. 70 24455—14- -36 562 INDIAN APPEOPEIATION BILL. ANALYSIS OF EXPENDITUHES. Salaries, wages, etc $38,745.76 Traveling expenses 16. 98 Telegraph and telephone service .26 Miscellaneous material 952. 51 Stationery 90. 13 Fuel 9, 648. 65 Mechanics' supplies 263. 85 Cleaning and toilet supplies 1,064.10 Wearing apparel 11,641.63 Forage 450. 29 Provisions 16, 107. 98 Equipment 4, 253. 73 Construction and repairs 6, 1<)5. 99 Medical supplies 272. 44 89. 674. 30 Statistical statement for year ending Jime 30, 1913. Value of school plant $588,075.30 Number of buildings 53 Number of employees 55 Total salaries $40, 290. 00 Average attendance 534.9 Enrollment 657 Capacity 500 Cost per capita $156. 00 Area of school lands acres 8, 580 Value of products of school $25,309.00 Superintendent's estimate of needs for 1915 : Support $83, 500. 00 Repairs and improvements 7, 000. 00 Buildings L 18, 000. 00 Total 108, 500. 00 Indian school, Chilocco, Okla., 1915, amount requested in proposed bill: Education and support of 500 pupils, including salary of super- intendent 86, 250. 00 Repairs and improvements 7,000.00 New buildings 18, 000. 00 Total 111, 250. 00 The proposed appropriation provides for 500 pupils at a cost for support of $83,500, plus the superintendent's salary of $2,750 ; In all, $86,250. It has been uniformly customary at other schools to provide for the superinendent's salary in addition to the amount estimated for support. It will be noted that the enrollment and average attendance for 1914 were considerably above 500 pupils, and the present attendance (September, 1913) is about 559. Only by the observance of considerable economy, and also with the use of additional sums of "Indian moneys" and "miscellaneous re- ceipts " has the service been able to support the number of pupils enrolled in the school with the amount heretofore appropriated. During the fiscal year 1913 there was expended from both " Indian moneys " and " miscellaneous receipts," representing the earnings of the school, $9,745 for support and $2,996 for repairs and improvements. For repairs and improvements $7,000 is estimated. This has been the allow- ance for two years past, and is a conservative estimate for uplkeep of the plant, water, heating, lighting, and sewer systems. This amount is 1.2 per cent of the valuation of the plant. Last year $10,000 was requested for an addition to the academic building, which Is too small to accommodate all students now In attendance. One class must meet in the gymnasium, and no adequate quarters ase available for the agricultural department or for a library. As the school is especially and primarily an agricultural Institution, it can not accomplish IKDIAN APPEOPEIATION BILL. 563 the best results unless it has full and adequate facilities and equipment Reporting under date of January ]0. 1913, Superintendent in ("liarfie of Indian Schools H. B, Pealrs, advises that additions to tlie academic building and the employees' building are very greatly needed; that the academic building was very crowded and there were not suitable places for classes in agriculture The superintendent has already accomplished much In the way of reorganiza- tion, but it is not possible to accomplish such work as should be done in an agricultural school without additional buildings and a much more complete equipment. Eight thousand dollars is needed for quarters for employees. These are scattered throughout the dormitory buildings, in rooms needed for pupils or for other purposes, and there is no suitable kitchen and dining room for their use. A nonreservation boarding school is located on about 8,000 acres of Govern- ment land with a capacity for accommodating .500 Indian pupils. There is no " reservation '■ in its true sense under the jurisdiction of this schocil. and there is no Indian population there other than the school pupils. Indian school, Ohilocco, Okla. [Payable from " Indian school, Chilocco, Okla., 1914."] Capacity Enrollment . Average 500 653 536 Salaries : Superintendent $2, 750 Principal and teacher of agriculture Clerk Assistant clerk Do Property clerk Physician Disciplinarian Assistant disciplinarian Senior teacher 1 Teacher Do Do. Do. Do. Do. Do. Do. Do. Domestic-science teacher . Matron Assistant matron Do___: Dining-room matron' Nurse Seamstress Assistant seamstress 500 300 780 720 780 200 840 300 840 750 750 690 690 660 660 600 540 540 720 720 660 540 600 720 660 540 Salaries — Continued. Assistant seamstress $300 Laundress 600 Baker 300 Cook 660 Assistant cook 480 Farmer 900 Assistant farmer 780 Carpenter and superintend- ent of industries 1, 060 Assistant carpenter 720 Shoe and harness maker 660 Blacksmith 780 Night watchman 540 Gardener 900 Engineer 1,200 .\ssistant engineer 720 Do 480 Do 300 Nurseryman 1,000 Dairyman 840 Painter ,_ 680 Printer 1, 200 Mason 800 Hostler 660 Assistant 600 Do. Do. Do. Do. 480 300 180 180 40,350 Does The Chairman. You ask for an increase of about $20,000. the justification give your reasons fully for this increase ? Mr. Meeitt. The items have not been changed materially, except that we are a.sking for a new building. We are asking for a new building. The Chairman. You are not asking for any new employees? Mr. Meritt. No, sir. The Chairman. Nor any increases of salaries? Mr. Meritt. No, sir. 564 INDIAN APPEOPEIATION BILL. The Chairman. Do you say that you are asking for no increase except the $18,000 for a new building? Will you state what you want that building for ? Mr. Meritt. Mr. Chairman, that is fully covered in the justifi- cation. The Chairman. How long since these buildings were erected ? Mr. Meeitt. Probably 15 years. The Chairman. And they were up to date at the time they were erected ? Were they built of brick ? Mr. Meeitt. They were built of stone. That is a very fine plant. The Chairman. And one of the best we have in the service ? Mr. Meritt. Yes, sir. • The Chairman. It seems to me that we ought to have a better justification for this. Mr. Meeitt. This is simply an addition to one of the academic buildings, so as to give a larger room for the purpose of teaching the children agricultural pursuits. We have quite a large and fine farm at the school consisting of about 9,000 acres, and this improvement will be of great benefit to the school. The- Chairman. I see that your per capita cost here is $156 and the value of the products of the school is $25,309. That makes the per capita cost low, because, while some of them have a per capita cost of from $150 to $152, the value of the products is not so great. Mr. Meritt. That per capita cost, $156, is unusually low and the value of the products is high, being $25,309. The high value of the products enables the superintendent to keep the per capita cost down to that figure. The Chairman. How long since the number of pupils at this school was raised from 450 to 500? That was one of the reasons for the lower per capita cost, was it not? Mr. Meritt. Yes, sir ; the enrollment was very greatly increased at that school during the last two years. We are now taking pupils from the Five Civilized Tribes into that school as well as into the school at Haskell, Kans. The Chairman. How far are the schools apart — this school and the Haskell school? Mr. Meritt. About 75 miles, I judge. They are both well-equipped plants. I have been at both schools, and they are doing a good work. They are being filled very largely from Oklahoma. Mr. Caetee. I notice that you got $25,000 and over from the school products. Now, if that were added to the per capita cost, it would run it up to something over $200, would it not ? Mr. Meeitt. Yes, sir. Mr. Cartter. So that you really have not such a low per capita cost. When you take into consideration the amount you receive from the farm it is not a very low per capita cost, is it ? Mr. Meei'it. They have a very fine farm there, and they produce a large amount of produce on the farm, and also raise cattle. Mr. Caetee. If you take the value of that product, $25,000, and add it to the amount of cost it would add about $47 to your per capita cost, would it not? Mr. Meeitt. Yes, sir. Mr. Caetee. Now, I want to ask you if you have kept any account of the actual cost of producing these products? INDIAN APPBOPEIATION BILL. 565 Mr. Meritt. No, sir ; no accurate account is kept. We use these farms practically as experiment stations to teach the Indians agri- cultural pursuits, and the products do not show a net profit. We require employees to help the Indians. Mr. Carter. Is it necessary to have that much land for that school? Mr. Meritt. No, sir. I think that some of that land could be sold and the proceeds used for the benefit of the school. . Mr. Carter. How much do you think would be necessary to keep for the purpose of teaching agricultural pursuits at the school ? Mr. Meritt. I think we could sell at least 3,000 acres of that school farm, provided the proceeds were used for the benefit of the school, rather than have the money to go back into the Treasury and the school get no credit for it. Mr. Carter. It is very fine land, is it not ? Mr. Meritt. Yes, sir. I have been all over that school farm, and it is fine land. Mr. BuKKE. What reason is there, if the land should be sold, that the proceeds should be used for the school especially ? What connec- tion- is there between the land and the school ? Mr.-MERiTT. The land was set aside for the school. Mr. Burke. It would be as broad as it is long, whether we used the money for that school or put it in the Treasury and appropriated it for the school. It would be the same thing. Mr. Meritt. But the Indian Service would be charged up with the appropriation and would not get credit for the amount received for the land. Mr. Burke. My understanding is that this land at some time or other was ceded to the Indians and paid for by the United States. It belongs to the Government of the United States the same as the school does. This school does not belong to any particular tribe of Indians ? Mr. Meritt. No, sir. Mr. Burke. Is it not a school that was erected out of tribal funds, but it is a Government institution, and if it were to be abandoned it would be sold for the benefit of the Treasury of the United States and not for the benefit of any tribe of Indians. Mr. Meritt. Yes, sir ; that is true. Mr. Burke. Therefore the land belongs to the United States, and the Indians have no claim to it. Mr. Meritt. No, sir. Mr. Burke. Now, the larger the attendance the less the per capita cost ought to be, ought it not ? Mr. Meritt. Yes, sir. Mr. Burke. I notice that the per capita cost here is about $6 higher than at the two schools in New Mexico, which is not a very great difference, but still, with a large number of pupils, it is some- thing of an item. I want to call your attention to the Haskell School, the item for which is on page 3Y of the bill, and which we discussed the other day : The average attendance there is 635, or 100 more than the average attendance at Chilocco. The two schools, I believe, are within 100 miles of each other ? Mr. Meritt. Yes, sir. Mr. Burke. And the cost per capita at the Haskell School is $194, or $38 more than the per capita cost at the Chilocco School. This 566 INDIAN APPBOPRIATION BILL. furnishes another instance where it would seem as if there ought to some explanation of the great difference. Mr. Meeitt. That can be accounted for. This difference in cost due to the fact that at the Haskell School they have a commerei course. It is an exjpensive course, and the Indians do not produce ai products in taking this course which could go toward the support i the school, whereas Chilocco is an agricultural and industrial scho( and the products resulting from the work of the pupils go toward tl support of the school. Mr. Burke. In one instance the products were valued at $19,0( and in the other at $25,000, in round numbers. What do 3'ou mes by a commercial education? ' Mr. Meeitt. The Haskell School has made a specialty in one ( its departments along the lines of commercial work — ^that is, th( teach the Indians stenography, typewriting, bookkeeping, and wo: of that character. Mr. Burke. Have you any information or statistics as to the resul obtained from that branch of education among the Indians? d you furnish me information along that line, so that we can determii as to the advisability of continuing it? Mr. Meeitt. I think it is desirable to have this branch continued this school. I would not recommend that the branch be enlarged < that it be pursued at all the schools, but this school has turned out number of Indians who have made good in commercial pursuits. Mr. Burke. Don't you think that $38 per capita is a pretty laij additional expense for this kind of education? If this kind of educ tion is going to increase the per capita cost of maintaining the scho to the extent that it would appear to be in the case of the Hasb School over the Chilocco School Mr. Meeitt (interposing). The cost per capita at the Hask( School is rather high, and, with the farm and facilities there, it wou seem that the per capita cost might be decreased to at least $180. Mr. Burke. At the Haskell School? Mr. Meeitt. Yes, sir. The next item reads : For fulfilling treaties with Pawnees, Oklahoma: For perpetual annuity, be paid in cash to the Pawnees (article three, agreement of November twen third, eighteen hundred and ninety-two), $30,000; for support of two manu labor schools (article three, treaty of September twenty-fourth, eighti hundred and fifty-seven), $10,000; for pay of one farmer, two blacksmit one miller, one engineer and apprentices, and two teachers (article fo same treaty), $5,400; for purchase of iron and steel and other neeessai for the shops (article four, same treaty), $500; for pay of physician a purchase of medicines, $1,200 ; in all, $47,100. In support of this item we offer the following justification: FulftUmg treaties with Pavmees, Oklahoma. Fiscal year ending June 30, 1914: Amount appropriated $30,000 Fiscal year ended June 30, 1913 : Unexpended balance from previous year 7, 005 Amount appropriated 30, 000 37,005 Amount expended 29, 291 INDIAN APPEOPEIATION BILL. 567 ANALYSIS OF EXPENDITURES. Per capita payments $29, 291. 00 Support of Pawnees, schools, Oklahoma. Fiscal year ending June 30, 1914 : Amount appropriated $10, 000. 00 B'lscal ended June 30, 1913 : Amount appropriated 10, OOO. 00 Amount expended 8,' 798. 33 Unexpended balance 1, 201. 67 ANALYSIS OF EXPENDITUBES. Telegrapli and telephone service 9. 13 Heat, light, and power (service) 545. 33 Miscellaneous material 38. 04 Stationary .69 Fuel 814.04 Mechanics' supplies- 15. 60 Cleaning and toilet supplies ^ 174. 86 Wearing apparel 1, 774. 40 Forage , 591.82 Provisions 3, 901. 55 Equipment ... 1, 077. 93 Construction and repairs 710. 29 Medical supplies 7. 00 Miscellaneous 137.60 8, 798. 33 Support of Pavmees, employees, etc., Oklahoma. Fiscal year ending June 30, 1914 : Amount appropriated $6, 600. 00 Fiscal year ended June 30, 1913 : Amount appropriated 6, 600. 00 Amount expended 6' 421. IS Unexpended balance I'^'S- S2 ANALYSIS OF EXPENDITUBES. Salaries, wages, etc 6' ^36. 67 Equipment ^- ^^ Medical supplies ''^- ^^ 6, 421. 18 Support of Podvnees: Iron, steel, etc., Oklahoma. Fiscal year ending June 30, 1914 : Amount appropriated — •- $500. 00 Fiscal year ended June 30, 1913 : Amount appropriated °™ ^ Amount expended Unexpended balance ^^^- ^^ ANALYSIS OF EXPENDITURES. Equipment ^- ^'^ Indian population, 660. , „ ,, . ,, ^ This amount is necessary to provide for treaty obligations, as set torth m me bill. (Art. 3, agreement of Nov. 23, 1892 ; art. 3, treaty of Sept. 24, 1857 ; art. 4, same treaty.) 568 IISTDIAN APPBOPBIATION BILL. About 230,000 acres acquired by deed from Cherokee and Creek Tribes. Of this, 112,701 acres have been allotted to 820 Indians and 169,320 acres opened to public settlement. There is no tribal land within the reservation other than' about 840 acres reserved for school, agency, and administrative purposes. The agreement of November 23, 1892, with the Pawnees was ratified by sec- tion 12 of the act of March 3, 1893 (27 Stat. L., 644). The treaty of September 24, 1857, was proclaimed by the President on May 26, 1858 (11 Stat. L., 729). The third article of the agreement of November 23, 1892, amends article 2 of the treaty of 1857 so as to read : " The United States agrees to pay to the Pawnees the sum of thirty thousand dollars per annum, as a perpetual annuity, to be distributed annually among them per capita, in coin, unless the President of the United States shall from time to time otherwise direct. But it is further agreed that the President may, at any time. In his discretion, discontinue said perpetuty by causng the value of a fair commutation thereof to be paid to or expended for the benefit of s^d In- dians in such manner as to him shall seem proper." (See S. Ex. Doc. No. 16, 82d Cong., 2d sess.) Article 3 of the treaty of 1857 provides for two manual-labor schools, and pro- vides further that " the United States agree to furnish suitable houses and farms for said schools, and whatever else may be necessary to put them in successful operation ; and a sum not less than five thousand dollars per annum shall be applied to the support of each school so long as the Pawnees shall in good faith comply with the provisions of this article; but if at any time the Presi- dent is satisfied they are not doing so, he may at his discretion discontinue the schools in whole or in part." In article 4 of the same treaty (11 Stat. L., 730) the United States agrees to furnish the Pawnees: First, certain tools, erect shops, also furnish $500 an- nually, during the pleasure of the President, for the purchase of iron, steel, and other necessaries, and also to furnish two blacksmiths ; second, to furnish farming utensils and stock worth $1,200 annually for 10 years, or during the pleasure of the President, and also to employ a farmer to teach the Indians the arts of agriculture ; third, to have erected a steam mill not to exceed in cost $6,000, and to keep the same in repair for 10 years, and also to employ a miller and engineer for the same length of time, or longer, at the discretion of the President. There is no provision in article 4 for teachers, but article 3 provides that the manual-labor schools authorized therein shall be governed by such rules and regulations as may be prescribed by the President of the United States. It appears from the foregoing that the $30,000 appropriation in the treaty item for the Pawnee is a perpetual annuity, but may be commuted under the act of April 30, 1908 (35 Stat. L., 70-73). The other treaty appropriations in favor of the Pawnees are not perpetual and may be discontinued in the discretion of the President and the Congress. The Chairman. That is the same language you used last year? jNIr. Meeitt. Yes, sir. Mr. BuEKE. Your analysis of the expenditures is an item for "heat, light, and power service, $545.38." and, further down, an item of $813.04 for " fuel." Do you have a system of bookkeeping by which you have one account under the head of light and power and another under fuel? Mr. Meritt. This analysis is gotten up from the books of the finance division, and it is because of the methods of keeping the accounts. Mr. BuRicE. I was wondering how you happened to have two ac- counts under the heading of " Heat " and the other of " Fuel." Mr. Meritt. We will get the finance division to make a statement for the record and explain that. The statement submitted reads as follows: The $545.38, " Support of Pawnees, schools, Oklahoma," was expended for electricity furnished by the city of Pawnee for lighting buildings and power for running pump, etc., that is, service. The $814.04 was expended in the purchase of coal, wood, etc. — fuel. INDIAN APPBOPEIATION BILL. 569 A distinction between " lieat, light, and power " and " fuel " is deemed nec(>w- sary in the preparation of the detailed classification of expenditures shown by the cost ledgers of the office. The next reads — For support of Quapaws, Oklahoma: For education (article 3, treaty of May 13, 1833). $1,000; for blacksmith and assistants, and tools, iron, and steel for blacksmith shop (same article and treaty), $500; in all, $1,500: Providetl, That the President of the United States shall certify the same to be for the best interests of the Indians. The Chairman. That is the same amount and the same language that occurred last year ? Mr. Meritt. We offer the following justification in support of this item: Support of Quapaws: Education, Oklahoma. Fiscal year ending June 30. 1914, amount appropriated $1,000 Fiscal year ended June 30. 1913 : Amount appropriated 1. OOO Amount expended ^ 970 Unexpended balance 28. 00 ANALYSIS OF EXPENDITURES. Care and maintenance of pupils at mission school 972 Support of Quapaws — Employees, etc., Oklahoma. Fiscal year ending June 30, 1914, amount appropriated $500.00 Fiscal year ended June 30, 1913 : Amount appropriated 500. 00 Amount expended 276. 09 Unexpended balance 223. 91 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 108.00 Miscellaneous material 34. 32 Equipment 133.77 Total 276.09 Indian population, 318. This amount is necessary to provide for treaty obligations (art. 3, treaty of May 13, 1833), and is used as indicated. On this reservation 248 Indians have been allotted 56,248 acres, 400 acres being reserved for school and administrative purposes. There is no tribal land within the former reservation other than that reserved for administrative purposes. Article 3 of the treaty of May 13, 1833 (7 Stat. L., 424), with the Quapaws, reads in part as follows : " The tinited States agree to provide a farmer to reside with them and to aid and instruct them in their agricultural pursuits, and a blacksmith to do their necessary work, with a shop and tools and iron and steel, not exceeding 1 ton per year. The United States also agree to appropriate $1,000 per year for education purposes to be expended under the direction of the President of the United States; the farmer and blacksmith and the above appropriation for education purposes to be continued only as long as the President of the United States deems necessary for the best interests of the Indians." The treaty appropriation in favor of the Quapaws is not a perpetual annuity, but it is believed that the appropriation should " be continued as long as the President of the United States deems it necessary for the best interests of the Indians." 570 INDIAN APPBOPRIATION BILL. The Chairman. What is the next item ? Mv. Meeitt. The next item reads : For pay of employees at the Sac and Fox Agency, Okla., not otherwise pro- vided for, $3,000. We will be satisfied with the amount contained in the last year's bill. Mr. Bttrke. This is another one of the items that you think it would be better to have provided for in the item for general expenses? Mr. Meeitt. Yes, sir. We offer for the record the following justi- fication : Pay of employees, Sao and Fox Agency, OMa. • Fiscal year ending June 30, 1914, amount appropriated $2,060.00 Fiscal year ended June 30, 1913 : Amount appropriated 2,060.00 Amount expended 2, 058. 00 Unexpended balance 2.00 ANAITSIS OF EXPENDITURES. Salaries, wages, etc 2,058.00 Amount asked for, $3,000. Indian population, 657. This is $&40 more than the amount allowed last year. The present appropria- tion' is made to cover the salaries of three employees, but it has been found nec- essary to employ temporary help from time to time to keep the work up to date. The increase will be used to provide such additional help as is required and for increases in the remuneration of faithful and efficient employees. Such salaries as the appropriations heretofore allowed admit of are not sufficient to enable us to retain efficient employees. This reservation was created by treaty, and of the area within the former reservation 87,683 acres were allotted to 548 Indians. The residue was opened to settlement by proclamation of September 18, 1891, except about 800 acres, which were reserved for school and agency purposes. There are no remaining tribal lands on this reservation. The Chairman. What is the next item ? Mr. Meeitt. The next item is No. 116, on page 65 of the bill, which, reads : For pay of employees at the Seneca Agency not otherwise provided for, $2,500. The Chairman. There is an increase of $1,000 in that item. Please explain it. Mr. Meeitt. We offer for the record the following justification in support of the item: Pay of envployees, Seneca Agency, Okla. Fiscal year ending June 30, 1914, amount appropriated $1, 500 Fiscal year ended June 30, 1913 : Amount appropriated 1, 500 Amount expended 1, 500 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 1,500 Amount asked for, $2,500. This is $1,000 more than the amount allowed for the fiscal year 1914. The appropriation is being used to pay salaries of two clerks, while an additional INDIAN APPROPEIATION BILL. 571 general expenses of the bureau, this positiou being essential to the proper han- dling of the affairs of the Indians. The additional amount requested is for the purpose of relieving the general appropriation and for making small, well-deserved promotions in the salaries of other employees. Indian population : Seneca, 407 ; Eastern Shawnee, 129 ; Ottawa, 274 ; Peoria- Miami, 355 ; Wyandot, 449 ; total, 1,614. The following tribes are under the jurisdiction of the Seneca Indiati School and the statement appended below shows the statistics as to the Indians and the lands there': Tribe. Number of Indians. Area allotted. Area unallotted. Modoc ; , 68 160 218 248 435 117 244 Acres. 3,966 12,996 43,334 56,248 41,813 12,745 20,942 Do. Do. Do. Seneca - Do. Do. yfyf\r\r\n%f.p Do. 1,490 192,043 A limited number of acres have been reserved for administrative purposes in connection with Government business at various points on these reservations, but there is no surplus tribal land undisposed of available for use of the Indians at this point. Mr. Meeitt. a list of employees for this agency is submitted here. Position. Rate of pay. Total. Payable from— Wliite: S720 840 780 480 p. m. 20 $720 840 780 480 240 Pay of employees, Seneca Agency, OMa., 1914. General expenses, Indian Service, 1914. Indian: 1 assistant cleric . Pay of employees, Seneca Agency, 1 blaclrsmith Olcla., 1914. Support of Quapaws, Oldahoma, 1914. Pay ol Indian police, 1914. The Chairman. You are satisfied to have it remain as it is ? Mr. Meeitt. If you leave the item as it is Mr. Burke (interposing). Your justification does not show, as it ought, the number of Indians here. Mr. Carter. That always ought to appear. Mr. Meritt. That information will appear in each justification. The Chairman. What is the next item? Mr. Meritt. The next item reads : That the fourteenth paragraph of section 18 of the Indian appropriation act approved August 24, 1912 (37 Stat. L,., pp. 533, 534), be, and the same is hereby, amended to read as follows: "That the Secretary of the Interior be, and he is hereby, authorized, m his discretion, to cause to be delivertd to the persons entitled thereto, under such rules and regulations as he may prescribe, checks payable to the order of indi- vidual Indians who are members of the Band of Mexican Kickapoo Indians residing in the Republic of Mexico, covering individual Indian moneys now on deposit to the credit of such Indians, or in any manner under the control of tht superintendent of the Shawnee Indian School and other officers of the Interior 572 INDIAN APPEOPEIATION BILL. Department or which may hereafter be deposited with or come under the con- ; trol of the Department of the Interior or its representatives, except such moneys as may belong to members of said band who are under 18 years ot age and the feeble-minded Indian known as Paw-kaw-kah, in which cases such moneys shall be paid to the proper custodians of the members of said band who are under 18 years of age, and the said Paw-kaw-kah." The following justification is offered for the record : Legislation is needed in order to enable the department to pay to certain Mexican Kickapoo Indians residing in the Republic of Mexico certain funds belonging to them and now held by the superintendent of the Shawnee Indian School, Oklahoma. . ^. The fourteenth paragraph of section 18 of the Indian appropriation act ap- proved August 24, 1912 (37 Stat. L., 533), directs the department to caus^to be sent to the First National Bank at Douglas, Ariz., checks payable to the order of the Mexico Kickapoo Indians covering funds known as lease money or indi- vidual Indian monevs now on deposit and which fnay come under the control of the deparmtent prior to Januai-y 1, 1914. The department was given no dis- cretion in the matter, but was directed to so dispose of the checks. Corre- spondence with the superintendent of the Shawnee Indian School and the First National Bank of Douglas, Ariz., shows clearly the difficulties which have been encountered, and by reason of these difficulties and the fact that it receives no compensation for its work the First National Bank of Douglas, Ariz., has re- fused to handle the checks. These Indians will likely suffer privations by reason of failure to receive their money when needed, due to the fact that the bank has refused to handle the checks further and the department has no authority to deliver the checks to any other person or concern than the bank named. It is believed that the law should be amended so as to permit the department to deliver the checks under such regulations as it may prescribe. Mr. Meritt. The next item reads: The money heretofore appropriated for the relief and settlement of the Apache Indians conianed as prisoners of war at Fort Sill Military Reservation in Oklahoma, on lands in Oklahoma to be selected for them by the Secretary of the Interior and the Secretary of War, is hereby made available for the pur- poses for T^'hich appropriated, and shall remain ava'lable until expended. We offer the following justification for this item : Belief and settlement of Apache Indians held as prisoners of loar at Fort Sill, Olda. Fiscal year ending June 30, 3914, amount appropriated $100,000.00 Fiscal year ended June 30, 1913 : Amount appropriated 200, 000. 00 Amount expended 33, 563. 06 Unexpended balance 166, 436. 94 ANALYSIS or EXPENDITURES. Salaries, wages, etc 4,849.59 Traveling expenses 3, 489. 22 Transportation of supplies 2,088.56 Telegraph and telephone service 11.48 Miscellaneous material 1, 485.41 Cleaning and toilet supplies 55.80 Provisions ]3, 811. 61 Equipment 7, .371. 08 Construction and repairs 150.36 Medical supplies 9.65 Seed 240. 30 Total 33,563.06 INDIAN APPROPEIATION BILL. 573 The work of purcliasing lands for the Indians in question is being actively prosecuted, but it is quite probable that all the Indians may not be located and the expenditure incident thereto fully paid by the close of the current year ; therefore It is requested that the funds heretofore appropriated be made available until expended, in order that the work, which is important, may not be delayed pending further action by the Congress. Of the 275 members (approximately) comprising this band 187 elected to remove to the Mescalero Apache Reservation, N. Mex., where there is a reserva- tion of 475,000' acres. The Apache Indians at the former Mescalero Reservation agreed to admit the Fort Sill Apache Indians with whom they are affiliated by blood to full tribal membership and accord them equal rights to land, annuities, timber, and other benefits. Eighty-eight members of the band elected to remain in Oklahoma, for whose benefit it is intended to purchase lands with the appro- priations made by the act of June 30, 1913 (38 Stats. L., 94), and the act of August 24, 1912 (37 Stats. L., 534). Congress made an appropriation of $200,000 for these Indians in the last Indian appropriation act, and if we purchase the land we will not be able to complete the title by the end of the fiscal year, and we thought it might be well to have this appropriation made con- tinuing, so that the interests of these Indians could be properly looked after. Mr. Carter. How much balance is there now ? Mr. Meritt. There was appropriated in the last Indian appropria- tion act $200,000, and we are now purchasing land for these Indians on the Kiowa reservation. Mr. Carter. How much has been consumed? Mr. BuKio;. $33,563.06, according to the statement. Mr. Carter. That is to the end of the last fiscal year. Mr. Meritt. Mr. Chairman, I wish to offer a letter for the record, a letter written to Mr. Vaux, dated December 9, 1913, showing the exact situation and the method that has been adopted in purchasing land for those Indians : Department of the Interiok, Office of Indian Affairs. Washinffion. Deccm'ber 9, 1913. My Dear Mb. Yavx : I am in receipt, by reference of the Secretary, of your letter of November 24, with reference to the purchase of land for the Fort Sill Apache Indians In Oklahoma. It is noted that you urge the purchase of 160 acres for each member of this band electing to remain in Oklahoma. Prior to the receipt of your letter this matter had been carefully considered with the view of purchasing, if possible with the funds at hand, not less than 160 acres for each one of these Indians. As the acts appropriating funds to make these purchases require that they shall be expended under the discretion of the Secretary of War and the Secretary of the Interior, the matter was taken up with the War Department and recently they have concurred in regulations prepared here, which may be briefly outlined as follows : "For each head of a family and adult single person, 160 acres of Improved agricultural land, provided the price to be paid therefore does not exceed $8,000. " For each married woman whose husband is living and for each minor child, 160 acres of improved or unimproved land, not to exceed $2,000 In cost. "Any member of the band desiring to acquire a better character of land than provided for in the foregoing may indicate the quantity, character, and location of the land wanted, provided the aggregate price to be paid therefor does not exceed the sums above specified. , "•Should members of the same family desire to combine or pool their assets and purchase a better grade of improved agricultural land, such may be done and the land so purchased will be prorated among the several members of the family according to their respective interests. . " Each member will be permitted to select tlie lands desired ; heads ot families selecting for their minor children. The superintendent in charge of the Kiowa Indian School, cooperating with the commanding officer in charge of _ the lort Sill Military Reservation, will sclncl lands for orphan children, if any. 574 INDIAN APPEOPKIATION BILL. From the foregoing it wil) be seen that the question of whether each member of this band receives 160 acres will depend largely on the character of the land selected and the price to be paid therefor. It is earnestly hoped that we may be able to provide each member of the band with 160 acres of land desirable for farming purposes, and in the case of heads of families, improved, at least, with a dwelling, barn, and well. We have heretofore received from field officers handling this matter petitions from some 60 allottees of the Kiowa Tribe, or their heirs in case of death, to sell their allotments which, in many cases have been under lease to white per- sons and are improved to some extent. The price of these tracts varies from $1,800 to as high as $4,000, according to the value of the land and the extent of the improvements thereon. While we may not purchase for individual mem- bers a tract costing as much as $4,000, yet if members of the same family, as husband and wife, are willing to combine, then the property desired can t^e pur- chased and still leave something for the purchase of additional improvements if any are needed, and to supply farming implements, etc. It has also been considered of the utmost importance that the larger number of this band who removed to the Jlescalero Reservation should be properly established, since to have simply removed them to their new home audi left them unprovided with houses, machinery, tools, water facilities, _ roads, etc., would have left them in a far worse condition than they were at Fort Sill, even though nominally prisoners of war, and would indeed have been a great wrong, therefore they have been the objects of especial attention since the date of their arrival. I am in receipt of a report from Maj. Goode, the oflScer in charge of these Indians before they left Fort Sill, who recently visited Mescalero, wherein he says that the Indians are contented and well satisfied with the prospects ahead of them. To do what has been done toward permanent establishment, as well as to provide subsistence and clothing until they shall have had an opportunity to realize from the first year's crops, will require a greater sum than was originally anticipated, but the expense is, I believe, fully justified. I assure you that the oflice has the interests of these Indians at heart and is proceeding just as rapidly as the circumstances will permit of placing them In possession of suitable home sites. Very truly, yours, Mr. Gkorge Vaux, Jr., Oato Sells, Commissioner. 1606 Morris Building, Philaclelphiu . Pa. Mr. Carter. How many of them have been moved? Mr. Meeitt. About 187, and there are about 88 remaining in Oklahoma. Mr. Carter. How many have you purchased allotments for in Oklahoma ? Mr. Mbritt. We are now in the process of purchasing these allot- ments, Mr. Carter. Mr. Carter. You do not know how many you have purchased? Mr. Meritt. This appropriation was not available until the 1st of July. We have gotten options on a number of allotments, and they are in the process of purchase now. Mr. Carter. Do you Icnow how many deals you have closed? Mr. Meritt. We have not closed any deals. We have gotten the regulations approved by the Secretary of the Interior and the Sec- retary of War, and we have agents looking after this matter and are now in process of closing up these land contracts. It will probably run longer than this fiscal year, and that is the reason why we are asking that this appropriation be made continuing. Mr. Carter. What kind of land are you purchasing? Mr. Meritt. For the heads of families we are purchasing im- proved allotments of deceased Indians on the Kiowo Eeservation. Mr. Cari'ee. I mean with respect to the character of the title, are you purchasing from white men or anyone else? INDIAN APPEOPKIATION BILL. 575 Mr. Mekitt. Xo, sir; we are purchasing the land of deceased In- dians on the Kiowa Reservation. Mr. Carter. On the Kiowa alone — not on the Commanche? Mr. Meritt. Probably most of them are on the Kiowa Reserva- tion. Mr. Carter. Do you not think it would have been better, Mr. Meritt, to have purchased perhaps 40 acres for each child than to try to acquire 160 acres for each one ? Mr. Meritt. No, sir. In that country, Mr. Carter, as you know, the farming conditions have been such that it has been difficult even for a white man to make a living on 160 acres of land, be- cause of drought in the last three years, and we thought we would get 160 acres of unimproved land for the children and 160 of im- proved land for the heads of families. Mr. Carter. It is all farming lands, isn't it ? Mr. Meritt. Well, it may be made farming land. Mr. Burke. Under the law the department determines who. the heirs are and administers the estates of deceased Indians in this reservation where these lands are being selected ? Mr. Meritt. Yes, sir. Mr. Burke. After the death of an Indian, how do you bring about the sale of these lands belonging to the deceased Indians, to be given to these Apache Indians ? How do you do it ? Mr. Meritt. We determine the heirs of the deceased allottee, and procure the consent of the heirs to the sale. The land is appraised at a fair, reasonable value, and these heirs agree to sell the land at that price. Mr. Burke. Well, you do not sell land that way of deceased In- dians to individuals, as a general proposition, do you ? Mr. Meritt. Not as a general proposition. Mr. Burke. In other words, the heirs of the allottee who had the land are not given the opportunity of getting a higher price than you pay for the land, as might be the case if it was offered for sale to the highest bidder ? Mr. Meritt. We are very careful in appraising the land to see -that the Indians get a fair and equitable price. Mr. Burke. Aren't you very careful in appraising all lands that are sold, belonging to deceased Indians with regard to their actual value ? Mr. Meritt. Yes, sir. Mr. Burke. But it oftentimes happens that in a competitive sale the lands bring a great deal more than the appraised value, do they not? Mr. Meritt. Yes, sir. Mr. Burke. Now, it strikes me that in many instances there might be heirs who would consent to a sale along the lines that you say you make these sales that would be entirely incompetent to give an assent that would be respected or legal. Mr. Meritt. But the Secretary of the Interior is required to do certain things under the law, and the Secretary is acting for the best interests of both the heirs of the deceased allottee, as well as the Fort Sill Indians, and he is acting absolutely just in setting a proper price on this land, and the Indians agree to that price. 576 INDIAN APPKOPBIATION BILL. Mr. Burke. At the same time, in every other instance you require that the lands be offered for sale and invite bids, do you not ? Mr. Mbeitt. Yes, sir. Mr. Burke. Now, if the Secretary of the Interior is capable of act- ing for the best interest of the Indians in one case, why not in others? Mr. Meeitt. Because conditions there are entirely different. Mr. BuEKB. It seems to me that while I appreciate the motives that prompt the department in adopting the procedure it has, that strictly speaking, they should buy the land in the open market, the same as anybody else, and that the heirs of the deceased allottees in the Kiowa Reservation and Comanche Reservation ought to get the benefit of the same competition in the sale of lands in which they are interested, as would be the case in any other reservation. Mr. Meeitt. That matter was investigated very carefully on the ground by a special representative of the department, and also by a representative of the War Department, and this matter was ^one into with great care and was considered by the local representatives as well as by the sup^intendent, and after taking into consideration all the various difficulties involved and the duties required of the two departments by law,-the Secretary of the Interior and the Sec- retary of War and the Commissioner of Indian Affairs agreed that this was an equitable way to handle this matter, and the most expe- ditious way. Mr. Bueke. What I am looking to, Mr. Meritt, outside of the question of equity and justice that may be involved in it, is to avoid future claims being made by persons who will claim that estates in which they had an interest had been disposed of by the Interior Department at a price much less than could have been obtained had they been sold as other lands are sold, and yet I can appreciate how, if you wanted to buy a particular tract of inherited land, that if the Government submitted a bid, somebody else would probably raise that bid on the theory that the Government would pay more. But I believe that it would be better administration to offer these lands for sale without the public having any knowledge that the Govern- ment contemplates purchasing it to allot to these Apache Indians, submit a bid, and then if anybody else desired to make a bid on that land, they may do so, and if it was several dollars an acre more than the department had agreed to pay for it, they could not justify tak- ing the land and paying the appraised -price for it. Now, I make that as a suggestion. Mr. Meeitt. That was fully considered and those points raised in connection with the reaching of the final aolution of this purchasing of lands. Mr. Bueke. Why wouldn't that be advisable? Now, for instance, you do not necessarily have to select particularly choice tracts to find lands for these Indians. You have much laud being offered for sale which is inherited land in that reservation, and you go into the market and bid for this 160 or this 320 acres a certain price, and nobody bids more than you do — I believe it is a sealed bid, isn't it? Mr. Meeitt. Yes, sir. Mr. Bueke. Then if you do get that 320 acres you can allot it to such Indian as may desire it. It seems to rne that would be a safer method, and I want to suggest it. INDIAN APPROPRIATION BILL. 577 Now, with reference to the form of amendment when we come to consider the bill, that form perhaps ought to be changed and the unexpended portion which has heretofore been appropriated should be reappropriated and remain available until expended. That is what you desire to do? Mr. Meritt. Yes; but we are not now able to state the exact amount. Mr. BuEKE. The unexpended portion. This says, " all money heretofore appropriated is hereby made available for the purposes for which apropriated." I am inclined to think that what you are trying to do is to reappropriate the unexpended portions of appro- jjriations heretofore made. Mr. Meritt. Of course, this bill will not become effective until July 1 of next year, and this legislation was wanted so that the funds not expended at that time could be made u'.ailable for the purpose of the original appropriation. Mr. Burke. As I understand it, you are purchasing land for these Apache Indians in Oklahoma, 160 acres for tiie head of the family? Mr. Meritt. Yes, sir. Mr. BtTRKE. Then do you purchase in addition to that 40 acres for each child, or is that all that that family receives? Mr. Meritt. No, sir; we purchase 160 acres of the improved land for the head of the family, at a price not to exceed $3,000 for each 160 acres. Then we purchase 160 acres of land, not to exceed $2,000, and that will probably be unimproved land, for each child and the mother. Mr. Burke. Now, is that land allotted subject to the general allot- ment act — that is, held in trust for 25 years ? Mr. Meritt. Yes, sir ; under the operation of the last Indian appro- priation act. Mr. Burke. Now, I want to put this question to you, Mr. C!ommis- sioner. Looking now to avoiding claims in the future, as I understand it the land of the deceased Indian is appraised under your regula- tions. You do not pay more than $3,000 for 160 acres of improved land — ^we assume that you appraise the price at $3,000. As I under- stand it, under the regulations that prevail you pay the heirs that appraised price and give the land to these allotted Apache Indians. It seems to me that the land ought to be offered on the market and let the Government put in its bid at $3,000, if that is all they think ought to be paid for it, so that anyone else" would have the right to offer a higher price, which they might do. Now, if you require that that be done generally, why isn't it just as necessary to apply it when the Government is a purchaser ? Mr. Sells. In arriving at the conclusion, as indicated in the letter, that matter was discussed and considered, and our solution of it was that the plan proposed there was entirely tenable and equitable. Mr. Burke. You see the objection I have to it, Mr. Merrit. There are the heirs to be considered. Mr. Meritt. Yes, sir. Mr. Burke. Well, in 75 per cent of the cases the heirs are not com- petent to assent. Mr. Meritt. They assent through their natural guardians. 24455—14 3T 578 INDIAN APPEOPBIATION BILL. Mr. BuEKE. Well, if that is a safe way to do business, if it is giv- ing full justice to the Indians, why not apply that rule geMrally and give them the procedure— that I think is a good one— of offering these lands in the open market to anybody that wants to bid on them? Mr. Meeitt. That rule does prevail ordinarily. Mr. BuKKE. I understand it does — very properly. Mr. Meeitt. In these particular instances the Secretary is made the guardian of the minors. In a sense he acts in a fiduciary capacity. Mr. BxJEKE. It is a trust relationship, and the law is always against the trustee dealing with himself. Mr. Meeitt. That possible complication, Mr. Burke, was suggested when we were working on this problem, and I am not at all surprised that it occurred to your mind ; but we think in this procedure it is just and defensible.' If that question should arise further, so that it looks as though it might involve a possible complication, we will endeavor to work it out so as .to take care of that question. Mr. Sells. We are making a special effort to locate the heads of families on the allotments, so that they may be there to raise a crop next year. Mr. BuEKE. I wish you would make a memorandum to furnish this committee with the amount of inherited land that has been pur- chased up to this time. Mr. Sells. There has not been any purchased up to this time. The whole procedure has just been determined upon, and we have only commenced operations looking toward it. The Chaieman. What is the next item-'? Mr. Meeitt. The next item reads : For expenses of administration of tlie affairs of tlie Five Civilized Tribes, Oldalioma, and tlie compensation of employees, $225,000 : Provided, That dur- ing the fiscal year ending June 30, 1915, no moneys shall be expended from tribal funds belonging to the Five Civilized Tribes without specific appropria- tion by Congress, except as follows : Equalization of allotments per capita and other payments authorized by law to individual members of the respective tribes, tribal, and other Indian schools for the current fiscal year under exist- ing law, salaries and contingent expenses of governors, chiefs, assistant chiefs, secretaries, interpreters, and mining trustees of the tribes for the current fiscal year at salaries not exceeding those for the last fiscal year; and attorneys for said tribes employed under contract approved by the President, under existing law, for the current -fiscal year. The following justification is offered for the record : Administration of affairs of Five Civilized Tribes, Oklahoma. Fiscal year ending June 30, 1914, amount appropriated $250,000.00 Fiscal year ended June 30, 1913 : Amount appropriated 200,000.00 , Amount expended 199, 734. 83 Unexpended balance 265. 17 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 173,120.54 'traveling expenses 18, 899.47 Transportation of supplies 73.44 Telegraph and telephone service 1,725.60 Heat, light, and power (service) 405.33 INDIAN APPROPEIATION BILL. 579 Mnting ifl, 033. 52 Stationery 1, 026. 16 ruel 7. 00 Advertising 36.23 Cleaning and toilet supplies 30. 19 Forage 423. 79 Squipment 843.29 aent 1, 337. 16 Miscellaneous 773. 11 199, 734. 83 Also, $13,911.44 expended during the year from the appropriation, " Protecting property interests of minor allottees, Five Civilized Tribes, 1913." November 17, 1913. Commissioner of Indian Affairs. Sir: As requested in your letter of November 10, 1913, I have the honor to submit the following Justification of estimate for appropriation, for the fiscal year 1915 : " For expenses of administration of the .^fl;airs of the Five Civilized Tribes, Oklahoma, and the compensation of employees, $225,000 : Provided, That during the fiscal year ending June 30, 1915, no moneys shall be expended from tribal funds belonging to the Five Civilized Tribes without specific appropriation by Congress, except as follows: Equalization of allotments per capita and other payments authorized by law to individual members of the respective tribes, tribal and other Indian schools for the current fiscal year under existing law, salaries, and contingent expenses of governors, chiefs, assistant chiefs, secre- taries, interpreters, and mining trustees of the tribes for the current fiscal year at salaries not exceeding those for the last fiscal year ; and attorneys for. said tribes employed under contract approved by the President, under existing law, for the current fiscal year." My estimate for this appropriation for the fiscal year 1915 was $235,000, to which an additional $15,000 was added, as being required by the commissioner to the Five Civilized Tribes for his work in connection with tribal affairs. It has since been determined that a separate appropriation will be requested for the probate attorneys, and as approximately $20,000 will be used to partially carry on the probate work for the current fiscal year, if such special probate appropriation is made next year, the general administrative appropriation can accordingly be reduced by the amount which we expect to use for the probate work in the current year, namely, $20,000, leaving $215,000 to be covered by this justification instead of the original $235,000. This justification covers the Union Agency only and is for the combined field and office force and expenses in connection with the conduct of the affairs of the individual Indians of the Five Civilized Tribes, for the following Items : Salaries office employees, including superintendent $108, 630 Land appraisers 10, 500 Oil-field inspection 3, 750 Traveling expenses 9, 000 Telephone rentals, office and field 850 Telephone and telegraph toll messages, office and field 1, 000 Office incidentals 1, 270 District service, covering 40 counties (from 33,000 to 35,000 Indians in the restricted class) : District men, 18 at'$l,800 to $2,000 per annum 34, 400 18 assistants, $1,020 to ,$1,200 per annum 19, 980 Supervision, office rents, traveling and incidental expenses 25, 620 Total for the Union Agency and field force for work among the individual Indians in the Five Tribes — 215, 000 Add additional amount required for tribal work, as per estimate of com- missioner to the Five Civilized Tribes. Including the district agency service the total expenditure for the work of the department In connection with the individual affairs of the allottee of the Five Civilized Tribes in the restricted class was $248,308.98. This also included the work required by law for the unrestricted class, and the 580 INDIAN APPHOPEIATION BILL. completion of various per capita paviiieuts. This expenditure, calculated upou the basis of from 32,939, to be exact, to 35,000 Indians in the restricted clas^ would make an average cost of from $7.10 to $8 per capita, and it is^ believes that this per capita cost is very much less than the expense for other Inaians in Oklahoma, where I understand the average Is from $16 to $18 per capita. The Union Agency expended no money from tribal funds for the district agency service or general individual work in the Five Tribes during the last fiscal year. It should be clearly understood that the work for which this estimate is made is entirely among the Individual Indians and has no bearing, one, way or the other, upon the closing or prolonging of tribal affairs, this being handled by separate ofllce, the expense of which is covered by separate estimate. The territory of the Five Civilized Tribes embraces the eastern half of tlie State of Oklahoma, originally Indian Territory, and includes 40 counties. The greater portion (approximately ]9,.525,966.36 acres, total area of Five Tribes, 15,804,593.26 acres allotted, to be exact) of the land in this area was allotted to the 101,216 enrolled members of the Five Tribes. The allottees reside in every section of this area, so that each county has its share of Indian population. In order to economically and satisfactorily conduct the business coming before the department, a field force has been scattered throughout the different counties at convenient points, thus enabling the Indians and the public having dealings with them to transact their business before a local officer or employee, and the department to secure first-hand information from men familiar with local conditions. These investlgatitons and the information secured thereby are much less expensive and made more quickly through the field force than in any other manner. With the large territory to be covered and the scattered Indian population, if all of the information with respect to the thousands of complicated lease and laud matters acted upon each year v^ere secured by sending men from the Union Agency office at Muskogee, the work would not only stagnate but the expense would he almost prohibitive. There is but little difference between the real full blood of the Five Tribes and the full blood of many of the western reservations. He lives, as a general rule, in the rough, mountainous country, many miles from the railroad, and it requires a trip to these remote localities to see the exact condition of the thousands of this class of Indians. Most of them have no knowledge whatever of business transactions, and not only need every reasonable protection In their property rights but advancement along industrial and general educational lines and a more healthful mode of living. In addition to the general removal of restrictions, land sale, lease, and other miscellaneous cases investigated and reported upon by the field force in the Five Tribes during the fiscal year, this force actually saved Indian allottees the sum of $667,352.25. They assisted in the supervision of 5,701 individual Indian accounts and the disbursement to individual Indians of $1,184,016.35. During the present calendar year there has been great activity in the Mid- Continent oil field, of which the Five Civilized Tribes comprise the largest part. Up to the close of the fiscal year ended June 30, 1913, the agency had handled a total of 28,526 leases, mostly oil and gas, made by individual Indians. The work in this respect has trebled in the last two years, as shown by the following comparative statement: 1912 1913 Leases filed during fiscal year ended June 30 1,515 1,341 9 737 785 4,805 I eases forwarded for departmental consideration and action as to approval or disapproval during fiscal year ended June 30 4,168 L eases returned to lessee, no jurisdiction, during fiscal year ended June 30 46 Assignments filed during fiscal year ended June 30, 1,190 Assignments disposed of during fiscal year ended June 30 1,026 Arising from oil and gas and other mineral leases, restricted Cherokee equalization payments, land sale, and other miscellaneous accounts, at the close of the fiscal year 1913 there were 12 338 active ledger accounts upon the books of the agency as compared with 10,315 at the close of the previous fiscal year, an increase of 2,023 accounts. Two thousand, seven hundred and ninety-four accounts were closed during the year, making a total of 15,132 open accounts handled during that period. Thirty-three thousand and eighty-three remittance entries, a total of $2,644,288.24, represent the collections for the year, practlcallj' all of which went to the credit of individual Indians. A total of $3,004,3^8.41 was disbursed for all purposes, requiring 41,858 vouchers. INDIAUr APPROPKIATION BILL. 581 The total of actual collections and disburseuieiits was .$5,648,026.65 wliicli, with moneys received from the Treasury for transfer or disbursements and balances brought forward from tlie previous year, made a grand total of 18,215,989.71 handled during the year. The accounting worlc is entirelv handled in the agency office at Jluskogee, the field force being relieved, as far as pos- sible, of all clerical, detail, so that they may give their entire time to investiga- tions and the expeditious handling of applications and cases filed. There were 364,218 pieces of mail handled by the Jluskogee office during the year. So long as there are so many thousands of Indians with restricted lands, whose business must be passed upon to a gi-eater or less extent by the depart- ment, it should be furnished with ample means to handle the work promptly and expeditiously. With the wide area to be covered, the scattered population, and complicated conditions, it is a much more difficult and expensive problem to handle than the compact or smaller reservations that only have a few hun- dred or at the most a few thousand Indians entirely under the control of the Government. Unless the present laws are entirely changed, both the public and the Indians expect action upon matters presented to the department, and ample funds, not only for an office, but a field force, to make the uecessiiry investiga- tions, must be provided, or there will be annoying dela^■s and unsatisfactory administration. I have made this ju?tiflcation on the basis of the amount included in your estimate, which amount will give the same attention to the work of the indi- vidufil restricted Indian in the Five Tribes as is now and has been given, but, as shown in my annual report and as I have alwiiys contended, even this force, when it is considered that each field district contains from two to four counties, with an average of approximately 2.000 Indians of the restricted class to the district, not considering the probate work that these men have done and will continue to do. in cooperation with the probate attorneys and State officials, it is a physical impossibility for tl'e needs of these Indians to receive the attention they require. With only one district man in charge, one stenographer assistant, an interpreter, and an appraiser about half of the time, the force is wholly inadequate, and, considering the work done and force provided for the smaller Indian reser\'ations, every effort should be made to secure a larger appropriation. I invite attention to the language of the section of the Indian appropriation act approved March 3. 1911, with reference to depositing the sales of tribal property in Oklahoma banks, particularly that provision which reads : " The interest accruing on such funds may be used to defray the expense of the per capita payments of such funds." In view of the above provision, I suggest that the following be added to the item for the next Indian bill as first quoted herein : "Provided further. That the interest accruing from tribal funds deposited in banks in the State of Oklahoma may be used, as authorized by the act of March 3, 1911, under the direction of the Secretary of the Interior, to defray the expense of per capita payments authorized by Congress." Very respectfully, Dana H. Kelsey, United States Indian. Superintendent. Respectfully forwarded, inviting attention to statement attached hereto .lusti- fying estimate of $15^000 to continue the work of this office during the fiscal year commencing July 1, 1914, and also statement and justification of estimate of tribal funds in connection with sale of unallotted lands and collection of rentals therefrom. J. G. Weight, Comniis.iioner to the Fire Civilized Tribes. Muskogee, Okla., Xovemier 19, 1913. Justification of estimate of funds for fiscal >'ear 1915 for the office of the commissioner of the Five Civilized Tribes as contained in letter to department dated August 15, 1913: Amount estimated from fund "Administration of affairs Five Ci\llized Tribes" (included In total estimate of $225,000), $15,000. This amount is considered necessary for the payment of salaries of employees, together with traveling and other miscellaneous office expenses, to finally com- plete the work and records pertaining to allotments, the equalization of allot- ments, disposition of remaining town lots and issuance of patents thereto, sale of tribal property other than unallotted land, disposition of tracts reserved 582 INDIAN APPKOPBIATION BILL. from allotment for various purposes, handling of tribal leases, protection of timber and other property of the Five Civilized Tribes, office work in connection with the collection of tribal revenues, depositing tribal funds in banks, etc., ap- proval of warrants issued by authorities of the Five Civilized Tribes, and the work incident to supervision over triljal affairs generally for which no specific appropriation is made. The salary of the commissioner to the Five Civilized Tribes must be paid from this fund, and in addition thereto the salaries of three clerks, one janitor, and one-half the salary of two clerks are paid from this fund, in order to take care of aU of this work, and it would be practically impossible to reduce the force, at least until practically all tribal laud and property are disposed of, the allotment and other work pertaining thereto finally, completed, and the supervision of tribal affairs reduced to the minimum or the tribal governments abolished. Two thousand dollars of the amount estimated under this fund is for traveling and other office and miscellaneous expenses. It will undoubtedly take*this much to properly carry on the wprk. Amount estimated necessary from the fund " Sales of unallotted lands. Five Civilized Tribes, reimbursable," $40,000. For payment of salaries of employees and other expenses of advertisement and sale in connection with the disposition of the unallotted lands and other tribal property belonging to any of the Five Civilized S'ribes, to be paid from the proceeds of such sales when authorized by the Secretary of the Interior, as provided by the act of March 3, 1911. The principal work of this office is the sale and disposition of the remaining unallotted lands and the segregated coal and asphalt lands, comprising about 1,700,000 acres. The amount estimated under this head, $40,000, is considered necessary for the cost of advertising, printing, etc., and payment of salaries and expenses of employees engaged in the work of advertising and sale of these lands and the receiving of remittances on deferred payments on such lands and other lands heretofore sold until final payment ; issuance of certificates of purchase and of patents when final payment is made ; keeping the voluminous records required in connection with the sale of approximately 30,000 tracts of land heretofore sold, which probably will be materially increased by subsequent sales, and also the expenses in connection therewith. The remaining unallotted lands in the Creek and Cherokee Nations are now advertised to be sold in December of this year, and the timber lands in the Choctaw Nation are advertised to be sold in January, 1914. There will undoubtedly be a large portion of these lands that will not be disposed of at the first sale, and it will again have to be offered during the fiscal year 1915 ; and it is also probable that a large portion of the segregated coal and asphalt lands will have to be offered during the fiscal year 1915. It is certain that none of the segregated coal lands classified as town-site property can be offered during the present fiscal year, and It has not yet been definitely determined whether any of such lands will be advertised dur- ing the present fiscal year. It therefore appears probable that there will be a number of sales of land during the fiscal year 1915, which, together with the necessary oflSce work in connection with such sales, receiving remittances, com- puting interest, etc., which is quite complicated owing to the many extensions granted for the making of payments, will undoubtedly require the full amount estimated. Amount estimated from fund " Indian moneys, proceeds of labor, Choctaw- Chickasaw royalties, grazing, etc.. 10 per cent of collections." For expenses incident to and in connection with collection of rents of un- allotted lands and tribal buildings, provided that such expenditures shall not exceed in the aggregate 10 per cent of the amount collected, which amount shall be paid out of such tribal funds. This amount is necessary if any grazing fees or rental for the occupancy of tribal lands is to be collected, in order to provide for the field work necessary in connection therewith. There will undoubtedly be a large portion of the timber lands which will not be disposed of at the first sale, and also a large portion, if not all, of the segregated coal and asphalt lands froni which grazing fees or rental should be collected for the year commencing January 1. 1914. During the last fiscal year ended June 30, 1913, about $116,000 was collected from this source, and while it is not probable that that much will be collected hereafter, it is necessary to provide for the salaries and expenses of the field clerks on such work if any amount is collected at all. J. G. Wright, Commissioner to the Five Civilized Trihes. INDIAN APPEOPKIATION BILL. 583 The Chaikman. I notice there has been quite a change made in the language. What is the cause of that, Mr. Meritt. Mr. Chairman, we have omitted the language in the item referring to attorneys and we are asking for a special appro- priation for probate attorneys in eastern Oklahoma. "We are de- creasing the general appropriation from $250,000 to $225,000. The Chairman. What are you asking in addition to the attorneys you propose to employ? Mr. Meritt. We are asldng in the next item, Xo. 120, $50,000 for the employment of such attorneys as the Secretary of the Interior may, in his discretion, deem necessary in connection with probate matters affecting individual allottees of the Five Civilized Tribes. The Chairman. Is not that a gross increase in the two items of $25,000? Mr. Meritt. It is a gross increase of $25,000, but the commissioner expects to increase the force in connection with the probate work of Oklahoma. The Chairman. For the pay of new attorneys ? Mr. Meritt. New attorneys. The Chairman. What is the object of that increase ? Mr. Meritt. The commissioner feels very strongly in regard to the probate situation in Oklahoma. We are anxious to have this special appropriation so that the estates of the minor Indians may be fully protected. Mr. Burke. I notice in thelanguage that you leave out the proviso in lines 13 to 15. Mr. Meritt. Yes, sir. Mr. Burke. What is the purpose of leaving it out and what was the purpose of including it originally? __^ Mr. Meritt. That item was never included in the estimates of the department, and I do not know the reason why it was included origi- nally. The office does not deem it necessary. Mr. Burke. As a matter of fact, you continue theui without any authorization other than what you had already ? Mr. Meritt. Yes, sir. We have no objection to the item going in the bill. Mr. Burke. It is merely reiterating specifically what you think the law now provides. Mr. Meritt. It is reiterating specifically what is specifically given in that paragraph. If there is any question about it, however, we have no objection to the item going back in the bill. Mr. Burke. I think somebody thought when that was put in the legislation that it might interfere with the tribal schools, but I never have thought so. Mr. Meritt. No, sir. Mr. Carter. How many probate attorneys have you now, Mr. Meritt? ... Mr. Meritt. The probate attorneys are just now being appointed by the commissioner. Mr. Carter. Can you give the committee the number that will be appointed or what will be the full complement when you get them? 584 INDIAN APPEOPBIATION BILL. Mr. Meritt. I can not tell the exact number, but it will probably be about 20— part to be paid from tribal funds— one-half in Chero: kee Nation. Mr. Carter. What is their salary? ' Mr. Meritt. $2,000 to $2,500. Mr. Carter. That is for probate attorneys ? Mr. Meritt. Yes, sir. Mr. Carter. I thought some of then got $2,500 ? Mr. Meritt. Some of them do get $2,500. Mr. Carter. Is it necessary for them to have stenographers? Mr. Meritt. I think it would be advisable for them to have some clerical assistance. Mr. Carter. Do you require them to devote all of their time to the duties of this office, or do you permit them to practice law? Mr. Meritt. The commissioner Avill require them to devote their entire time to this work. Mr. Carter. Have you looked into the situation closely enough to see how many of these attorneys will be needed in the Choctaw and Chickasaw Nations? Mr. Meeitt. I think four or five attorneys will be needed there. Mr. Carter. In the two nations? Mr. Meritt. Yes, sir. Mr. Carter. And about that many in the Creek and Cherokee Na- tions, and perhaps more? Mr. Meritt. Perhaps more. Mr. Carter. Noav, then, what is the necessity for this increase of $25,000? Mr. Meritt. The commissioner felt that he Avanted ample funds to go very thoroughly into the probate situation in the Five Civilized Tribes' part of Oklahoma. Mr. Carter. You have $50,000 for probate attorneys and you have $225,000 for the administration of the affairs of the Five Civilized Tribes. It is really an increase of $25,000 for administrative pur- poses ? Mr. Meritt. AVe have been paying heretofore a part of the expense for attorneys' fees and for the salaries of attorneys in the probate work out of tribal funds, but the commissioner believes that after the 1st of July these expenses should be paid out of appropriations by Congress. That will account for the increase of $25,000. Mr. Cari-er. I think that is correct, because you use the funds of all the individuals to apply for the benefit of only a portion of them. Mr. Meritt. Yes, sir ; I think so. Mr. Carter. Now, could you not make a saving down there if you would consolidate these offices? Mr. Meritt. I think we could. Mr. Carter. Can you give any idea of how much you could save ? Mr. Meritt. That is an administrative policy, of course, that I would not like to commit the commissioner on during his absence; but if the two offices were consolidated, I believe there could be a saving. Mr. Carter. I think so. I think there could be a saving made if the two offices were consolidated. INDIAN APPEOPEIATION BILL. 585 Mr. BuEKE. Under the language of the appropriation vou have the absolute power to consolidate them if you desire to do so, have you not ? Mr. Meritt. There are certain provisions of law enacted in various appropriation acts which place certain duties upon the Commissioner to the Five Civilized Tribes and certain duties upon the superintend- ent of the Union Agency, and if these offices are to be consolidated I think there should be a proviso clause to this effect : Provided, That hereafter all duties heretofore conferred upon the Commis- sioner to the Five Civilized Tribes and the superintendent of the Union Agency shall be performed under the direction of the Commissioner of Indian Aflfairs and. the Secretary of the Interior, under such rules and regulations as they may prescribe. Mr. BuEKE. I remember when the bill used to provide an appropri- ation for, first, the Dawes Commission, and later the Commissioner to the Five Civilized Tribes, and then a separate appropriation for the Union Agency. Mr. Meeitt. Yes, sir. Mr. BuEKE. And we consolidated and put in better legislative foi-m this item. The intention was to leave it to the department to expend the money, and the langriage carrying this appropriation for the ex- pense of the administration of the atfairs of the Five Civilized Tribes in Oklahoma and the compensation of the employees was very broad. This does not require the continuance of two offices or three offices or four offices, but it can be done through one office, or it could be done by discontinuing the office and providing clerks. Mr. Meeitt. There is a specific law which requires that patents to allotments to members of the Five Civilized Tribes shall be recorded in the office of the Commissioner to the Five Civilized Tribes, and there is one other provision of law which places upon the superintend- ent of the Union Agency the duty of removing intruders. Mr. Caetee. I wish you would put those laws in the record. Mr. Meeitt. The information is as follows: Act of March 3, 1893 (27 Stat. L., 645), authorized three commissioners, to be appointed by the President, to enter upon negotiations with the Five Civilized • Tribes (by name) for the purpose of extinguishment of the national or tribal title to any lands in Indian Territory by the allotment and division of the same in severalty among the Indians of such tribes, to enable the ultimate creation of a State of the Union to embrace their lands. Act of June 10 1896 (29 Stat., 321), authorized the commission to proceed at once to hear and determine the right of all persons who apply to them for citi- zenship in any of said tribes, and applications therefor shall be made within three months after the passage of the act; and they shall decide all such appli- cations within 90 days after the same shall be made. A complete roll of citizen- ship of the Five Civilized Tribes after the expiration of six months was to be made up from the record, which was never done under that act. Act of June 7, 1897 (30 Stat., 83), directed the commission " to examine and report to Congress whether the Mississippi Choctaws under their treaties are not entitled to all the rights of Choctaw citizenship and Interest in the Choctaw annuities," and the commission reported on January 28, 1898, that they were entitled to all except annuities, provided they removed to the Choctaw Nation west and became members of the tribe. Act of June 28, 1898 (Curtis Act— 30 Stat., 495) : Section 21 authorized the commission to make a correct roll of citizens of the Five Tribes, except the Chrokee roll of 1880, which was confirmed, and section 11 of saiue act directed the commission to "proceed to allot the exclusive use and occupancy of the surface of all the lands of said nation or tribe susceptible of allotment among 586 INDIAN APPROPRIATION BILL. the citizens thereof, as shown by said roll," but " all oil, coal, asphalt, and mineral deposits in the lands of any tribe are reserved to such tribe and no allotment of such lands shall carry the title to such oil, coal, asphalt, or mineral deposits," shall reserve from allotment 5 acres of land now occupied by each school, 1 acre for each church or parsonage, sufficient land for burial grounds, where necessary, a sufflcient amount of lands now occupied by charitable insti- tutions and other public buildings for their present actual and necessary use and no more. Section 20 (June 28, 189S) : "That the commission heretofore named shall have authority to employ, with the approval of the Secretary of the Interior, all assistance necessary for the prompt and efficient performance of all duties herein imposed, including competent surveyors to make allotments and to do any other needed work, and the Secretary of the Interior may detail competent clerks to aid them in the performance of their duties." Paragraph 12, section 21: "The members of said commission shall, in fter- forming all duties required of them by law, have authority to administer oaths, examine witnesses, and send for persons and papers." Paragraph 13, section 29 : " That all controversies arising between the mem- bers of said tribes as to their right to have certain lands allotted to them shall be settled by the commission." (See also section 69 of Choctaw-Chickasaw act of July 1, 1902.) Act of May 31, 1900 (31 Stat. L., 221), increased the number of commis- sioners from three to four, at $5,000 each. APPRAISED LANDS. Section 10 of Choctaw-Chickasaw agreement, July 1, 1902 (32 Stat., 641), authorized the Commission to the Five Civilized Tribes to appraise the Choctaw- Chickasaw tribal lands at their true value, no consideration being given to loca- tion, mineral deposits, timber, or improvements. Section 21 (idem, supra) authorized the commission to investigate all viola- tions of sections 19 and 20 of Choctaw-Chickasaw agreement as to unlawful holder of more land than allottee entitled to allot. Section 24 : " Exclusive .iurisdiction is hereby conferred upon the Commission to the Five Civilized Tribes to determine, under the direction of the Secretary of the Interior, all matters relating to the allotment of land." Paragraph 3 of Indian appropriation act of April 21, 1904 (33 Stat., 189). Commission shall conclude its work and terminate and shall cease to exist July 1, 1905. Act of March 3, 1905 (30 Stat, 1070) : "That the work of completing the unfinished business, if any, of the Commission to the Five Civilized Tribes shall devolve upon the Secretary of the Interior, and thnt all the powers heretofore granted to the said Commission to the Five Civilized Tribes are hereby con- ferred upon the said Secretary on and after the 1st day of July, 1905." Commissioner Tarns Bixby was continued as a single commissioner after July 1, 1905, and was later succeeded by George AVright, then Indian inspector for Indian Territory, under section 27 of the Curtis Act, who assumed charge July 1, 1907, on the resignation of Tarns Bixby on June 30, 1907. The several agreements with the Five Civilized Tribes provides for the ter- mination of their tribal governments on March 4, 1906, but section 28 of the act of April 26, 1906 (34 Stat. L., 137), provided for the continuation of the tribal governments for all purposes authorized by law. until otherwise provided by law. But under section 10 of above net the Secretary of the Interior was authorized to assume control and direction of the schools of the Five Civilized Tribes, under section 11 to collect all tribal revenues, under section 13 to sell the town lots, and under section 16 to sell the unallotted lands, and the Commissioner to the Five Civilized Tribes is not named in the subsequent acts, but is designated by the Secretary to act for him and in his stead. UNITED STATES INDIAN AGENT. Section 8 of Creek agreement of March 8, 1900 (31 Stat., 861) says- "The Secretary of the Interior shall, through the United States Indian agent in said Territory, immediately after the ratification of this agreement (May 25, 1901) INDIAN APPROPRIATION BILL. 587 put each citizen who has made selection of his allotment in unrestricted posses- sion of his land and remove therefrom all persons objectionable to him." Paragraph 4, section 40 (idem, supra) : "All accounts for expenditures in run- ning the schools shall be examined and approved by said superintendent and supervisor and also by the general superintendent of Indian schools before pay- ment thereof is made." Section 18 of supplemental Creek agreement of June 30, 1902 (32 Stat., 500) authorized the United States Indian agent. Union Agency, to issue a permit to introduce cattle into the Creek Nation. Mr. Meeitt. I ^vill do so. For that reason it is necessary, if the two offices are to be consolidated, that a proviso clause along the line I have suggested should be incorporated in the bill. Mr. BuEKE. This item on page 68 provides $50,000 : For the employment of such attorneys as the Secretary of the Interior may, in his discretion, deem necessary in connection with piobate matters affecting individual allottees of the Five Civilized Tribes. That does not affect or have anything to do with tribal attorneys? Mr. Meritt. No, sir. Mr. Burke. The tribal attorneys are paid from tribal funds, are they not? Mr. MpEiTT. Yes, sir. Mr. BuEKE. Do they do anything in relation to probate matters where the rights of individual Indians are involved, or do they at- tend only to such matters as the tribe as a whole is concerned with ? Mr. Meritt. The commissioner is now requiring the tribal at- torneys to earn their money. They are required to be busy on both tribal affairs and individual affairs and probate affairs. The tribal attorneys are supervising more or less the work in connection with probate matters as well as attending to tribal matters. Mr. BuEKE. Will these probate attorneys be in any sense subject to the discretion or supervision of the tribal attorneys ? Mr. Meeitt. They will be under the direction of the Commissioner of Indian Affairs, but the tribal attorneys will cooperate with the commissioner in supervising their work. Mr. BuEKE. Is there anything in the justification which you sub- mitted for the two items. No. 19 on page 07 and No. 20 on page 68, showing the progress of the work and the prospect of its rapidly becoming less so that this appropriation for administration may in the near future be substantially reduced ? Mr. Meritt. I think that an appropriation for administration will be necessary for a number of years, but the probate work probably can be reduced after the matter is thoroughly cleaned up. Mr. Burke. You think that so far as the expense of administration is concerned it will not be reduced very much immediately ? Mr. Meritt. It may be reduced a small amount. Mr. Burke. But not to any considerable extent? Mr. Meeitt. There will be no material reduction. I would like to offer for the record the following justification for item No. 20 : The following statement shows the approximate number of pro- bate cases in the 40 counties in eastern Oklahoma which include the Five Civilized Tribes: 588 INDIAN APPEOPEIATION BILL. County. Number of probate cases. County. Number o( probate cases. 1,500 1,000 2, 5''0 3S0 709 1,320 1,531 1,200 1,100 775 608 1,500 6,700 1,800 1,760 1,424 1,479 1,000 810 410 1,500 Seminole 1,686 Craig 1,803 700 Coal Atoka 1,400 1,200 365 Pontotoc MeClain Creek Garvin 550 Tulsa Murray 400 Grady 500 429 Jefferson 373 Carter . 458 959 183 1,605 564 Cli^ctaw 1,067 HasVell Pushmataha 1,200 McCurtain ... 1,551 Xuiiiber of cases involving minors and otber members of tlie Five Civi- lized Tribes and their children 43,959 Number of cases involving vv'hite persons 4,000 Total number probate cases 47,959 Number of minors and other members of the Five Civilized Tribes and theii children involved 65, 83T Number of white persons involved 6,000 Total number persons involved 71,837 These figures include the minor Indians born subsequent to March 4, 1906, the date the rolls closed. In many probate cases there are from five to eight persons involved, and it is believed that a ratio of 3 to 2 is a very conservative estimate of the persons involved in each case, both as to Indians and whites. There is but one judge in each county to handle the probate business, and these judges, in addition to probate, have civil, criminal, and juvenile court jurisdiction to certain degrees, making an unprecedented volume of probate wort, and a condition that does not exist, and probably never has existed, in any other State in the Union, arising from the large realty holding by minor Indians ; the greater portion of the land in these 40 counties being allotted to the members of the Five Tribes. Because of the large area of nontaxable land, the State has apparently been unable to furnish necessary assistance to the different county judges to adequately protect the property of these minors. Commissioner Sells, after making a very c;ireful and thorough inquiry into the probate conditions, has determined that the employment of attorneys to assist the probate courts is the only feasible plan of action, and a force to temporarily handle these cases and cooperate with the State authorities in the liest possible manner during the remainder of the fiscal year 1914 is soon to be organized, with the assistance of the small amount of the general appropriation available and the tribal attorneys. This plan will take care of the situation until June 30, 1914, by which time the work should be well started, and should by all means be continued by an appropriation of this character. The different county judges are constantly asking for help and cooperation, and the reports clearly show that they are unable to cope with the situation by themselves. The different tribal attorneys have been requested to present further in- formation as to the probate conditions in each nation. There are thousands of guardianship cases where reports are delinquent, excessive amounts have been charged, funds dissipated, and the estates generally mismanaged, largely because of the inability of the courts to give them the attention required. There are many worthless bonds and cases where guardians should be removed. All this requires a vast amount of detail work and careful attention by a prac- INDIAN APPKOPKIAftON BILL. 589 ticing attorney, who cau proceed in the proper way to cooperate with and assist the probate courts. The protection of the estates of helpless Indian children in the Five Civilized Tribes Is, without question, one of the most important pres- ent Indian problems, and at least the appropriation asked for should be made ; in fact, it ought to be $75,000. These attorneys should receive from $2,000 to 12,500 per annum, which is the least amount for which the right kind of men can be secured to give their whole time to the work. It is also necessary to pay their traveling and miscellaneous expenses. Inasmuch as there is such a wide territory to be covered, and each attorney must look after two or more counties, provision must be made for the payment of their traveling expenses. It will also be necessary in some instances for them to employ a stenographer or clerk to temporarily assist them in the pro- bate work, and even if no clerical assistance is needed they will have traveling expenses if they are to accomplish any desired results. The item, instead of as at present submitted, should be modified to read as follows : " For salaries and expenses of such attorneys as the Secretary of the Interior may, in his discretion, deem necessary in connection with probate matters affecting individual allottees in the Five Civilized Tribes, and other employees connected wth the work of such attorneys, $50,000." Mr. Carter. Mr. Meritt, can you give us a statement of the prog- ress that has been made with the sales of tribal property ? That will be very important information for us to have, and we will have to answer some questions about that, I expect. Mr. Meritt. This information is as follows : Seminole Nation: 3,119 persons have been enrolled, of whom 1,731 are re- stricted Indians, and the total area allotted is 3f;ri,,s.^)1.67 acres, and all the remaining unallotted land has been sold. Creek Nation : 18,716 persons have been enrolled, of whom , 7.S92 are re- stricted Indians, and the total area allotted is 3,079,094.1)] acres, and all the remaining unallotted land, except 109.04 acres, was sold. Cherokee Nation : 41,696 persons have been enrolled, of whom 11,770 are re- stricted Indians, and there have been allotted 4,420,067.7.3 acres, and all the remaining unallotted lands have been sold. Chickasaw Nation : 10,955 persons have been enrolled, of whom 2,112 are re- stricted Indians, and there have been allotted 4,707,904.28 acres, and all the remaining unallotted land, excepting 104.05 acres, has been sold. Choctaw Nation: 26,730 persons have been enrolled, of whom 0,434 are re- stricted Indians, and there have been allotted 6,953,048.07 acres, and there are remaining unsold after completion of allotments 17,504.SS acres. \^hich added to the timber reserve of 1,278.753 acres in the Choctaw Nation, advertised to be sold, commencing January 5 and concluding January 14, 1914, and also adding 482,584 acres of the surface of the segregated coal land area yet to be sold when regulations are approved, will make a total of 1,728,841.88 acres remain- ing unsold. Mr. Carter. Also, a statement concerning the collections. Prepare a statement showing what amount is outstanding from property sold and what amount has been paid into the Treasury. Give us a statement of the funds. Mr. Burke. Yes; and the amount that is in bank and the amount of interest that is being earned and credited to the Indians as a result of the investment of their money by the Government. Mr. Meriti'. Yes, sir. The information requested is as follows : 590 INDIAN APPROPRIATION BILL. Fire CivUized Tiihes funds, derived from the saJe of unallotted lands, town lots, and other trihal property. [Total unallottod lands receipts credited to include Dec. 30, 1913. Total deposited in Oldahoma bants to include Dec. 30, 1913, and accrued interest to include June 30, 1913. Average interest rate 4i percent.] Choctaw. Chickasaw. Cherokee. Creek. Seminole. Totals. UNALLOTTED LANDS. Receipts credited Deo. 30, 1913. 53,960,277.35 SI, 333, 669. 8S $255, 430. 34 $392, 880. 31 834,199.74 16,976,457.62 Deposited in Oklahoma banks: 2,349,949.00 119,236.99 976, 853. 45 39,313.79 166,628.70 10,465.25 334,900.00 16,311.18 27, 271. 30 1,372.93 3,855,602.45 186,690.14 Total . . . 2,469,185.99 1,016,167.24 177,083.95 351, 211. 18 28,644.23 4, 042, m 59 TOWN LOTS. Deposited in Oklahoma banks: 25, 000. 00 402.22 10, 000. 00 168. 89 100,000.00 6,130.02 712, 450. 00 26,640.22 847,450.00 32,241.35 Interest . Total 25,402.22 10, 168. 89 106,130.02 737,990.22 879,691.35 KEMAINING IN UNITED STATES TREASUBY DEC. 30, 1913: Unallotted lands. . . . 1, 697, 179. 64 27,0b6.90 301, 477. 21 8, 994. 67 16,253.08 48,656.63 11,635.65 710,668 1,970,673.24 47,697.12 Town lots Total 1, 624, 246. 54 310, 471. 78 16,253.08 60,292.28 7,106.68 2,018,370.36 RECAPITULATION OF DEPOSITS IN OKLAHOMA BANKS. Unallotted, lands', principal and interest 2, 469, 185. 99 25,402.22 1,016,167.24 10,168.89 177,083.95 106,130.02 351,211.18 737,990.22 28,644.23 4,042,292.59 879,691.35 Town lots, principal and inte- rest Total 2, 494, 588. 21 1,026,336.13 283, 213. 97 1, 089, 201. 40 28, 644. 23 4,921,983.94 Mr. BuEKE. I want to ask one more question. I wish you would state the number of employees that there are in connection with the administration of the aifairs of the Five Civilized Tribes, for which we have appropriated $250,000. Mr. Meritt. We have submitted that information to the Senate, and I will refer to the Senate document, so you can have it before you. I will refer you to Senate Document No. 218, Sixty-third Con- gress, first session, which ' relates to the employees of the Union Agency and the Five Civilized Tribes. This document shows the positions, the salaries paid, and the names of the employees. Mr. Burke. Does this document show all the employees there are in connection with the office of the Commissioner of the Five Civilized Tribes and the Union Agency? Mr. Meritt. Yes. sir. Mr. Carter. Under the law as now carried in the Indian appro- priation act, tribal funds can only be used for specific purposes with- out appropriation by Congress? Mr. Meritt. Yes, sir. Mr. Carter. I would -like for you to give us a statement showing the amount of tribal funds that were used during the last fiscal year for each of these items, as follows: For the equalization of allot- ments, per capita payments and other payments, tribal and other Indian schools,- salaries and contingent expenses of governors, chiefs; INDIAN APPEOPEIATION BILL. 591 assistant chiefs, secretaries, interpreters, and mining trustees of the tribes, and attorneys employed under contract. I wish you would give us a statement covering each one of the items I have mentioned Mr. Meeitt. This information is as follows : Statement of expenditures for the fiscal year 1913 from tribal funds of the Five CMlized Tribes on account of equalisation of allotments and per capita payments, schools, tribal officers, and attorneys. Cherokee : Equalization of allotments and per capita payments ifSSS, 404. 81 Schools . 20 955 36 Tribal officers and expenses 4' 029 04 Attorneys — W. W. Hastings $6,985.85 C. F. Bliss 2, 778. 65 9, 764. 50 Total 618, 153. 71 Creek: Schools 71, 449. 10 Tribal officers and expenses 6, 953. 58 Attorneys— M. L. Mott $10,487.64 D. H. Bynum 3,210.00 A. H. Ward 1,563.71 Grant Foreman 1, 354. 09 Victor Koerner 345. 26 ■W. L. Sturdevant 181.00 17, 141. 70 Total 95, 544. 38 Choctaw : Equalization of allotments and per capita payments 57, 901. 72 Schools 116, 491. 05 Tribal officers and expenses 14, 577. 43 Attorneys — P. J. Hurley $7, 550. 23 McCurtain & Hill 2,503.88 McCurtain & Latham 1, 388. 93 Latham & Semple 3, 535. 36 14, 978. 40 Total 203, 948. 60 Chickasaw : Equalization of allotments and per capita payments 54, 547. 97 Schools 44, 173. 92 Tribal officers and expenses 19, 893. 80 Attorneys — George D. Rogers $7,493.82 . W.A.Baker 3,124.06 . 10, 618. 48 Total 29, 234. 17 Seminole : Equalization of allotments and per capita payments 5, 882. 79 Schools - 18,076.79 Tribal officers and expenses 3, 039. 48 Total 26, 999. 06 592 INDIAN APPBOPEIATION BILL. RECAPITULATION. Equaliza- tion and per capita payments. Schools. Tribal offi- cers and expenses. Attorneys. Total. Cherokee ... $583,404.81 $20,955.36 71,449.10 116, 491. 05 44, 173. 92 18,076.79 $4,029.04 6,953.68 14,577.43 19,89.3.80 3,039.48 $9,764.50 17, 141. 70 14,978.40 10,618.48 $618, 153. 71 Creek 96, 544. 38 Choctaw 57, 901. 72 54,547.97 5,882.79 203, 948. 60 129, 234. 17 Seminole 28,999.06 Total 701,737.29 271,146.22 48, 493. 33 52,503.08 1,073,879.92 Note.— Schools expenditures include amounts paid to contract schools. , Mr. Meeitt. Before leaving this item I wish to emphasize the im- jDortance of procuring this appropriation of $50,000 for probate attor- neys for the Five Civilized Tribes. The commissioner is very much interested in this work, and I received a telegram from him this morning urging that a strong justification be made for this item. I believe that this appropriation will result probably in as much good as any single appropriation in this bill. It will enable the commis- sioner more fully to protect the estates and property of the minor Indians of the Five Civilized Tribes. I think the language of this item could be broadened a little bit by adding after the word " neces- sary " the words " and other necessary expenses." I think those words should be added after the word " necessary " in line IT. In this connection, I wish to invite your attention to the following statement by Commissioner Sells regarding this item of proposed leg- islation : The Imlian cBlldren of Oklahomii arc the richest average childreii in the United States; however, it is a lameutabJe fact that they have less statutory protection there than in any other State. In the 40 counties in eastern Oklahoma there are now pending from 800 to 1,500 probate estates, about 85 per cent of which are Indian children's estates. I have recently di.seovered that it costs about 3 per cent to settle a white child's estate, and that it costs more than 20 per cent to settle the estate of an Indian' boy or girl. This is the result of guardians having been appointed without regard to their equipment and the acceptance of bondsmen many times wholly insolvent. Enormous fees have been charged by attorneys and unconscionable fees by guardians, together with indefensible expenditures of their funds which has frequently resulted in the dissipation of their entire property. It is not an uncommon thing when an Indian child reaches his majority to find that his guardian has absconded and that his bondsmen are wholly finan- cially iripsponsible. It is my determined intention to reform this indefensible condition, and to this end I have recently appointed a number of probate attor- neys who will give their whole time under my direction to this work. I am now submitting a number of cases to the grand juries in Oklahoma looking towards the indictment and criminal prosecution of those who have embezzled their funds. Last week we secured a ruling from one of the courts of Oklahoma ho'lding a guardian and his bondsmen responsible where the Indian children's lands have been sold for a grossly inadequate consideration. It is my great desire to cooperate with the State authorities, and particularly with the county judges, m effecting these results, and I have every reason to believe that this coopera- tion will be perfectly arranged and carried out. Mr. Burke. I think the language in line 18 is rather ambiguous, " ^?,°™'^*^ction with probate matters affecting individual allottees." Mr. Caetek. I suggest that you have it provide for the employ- ment of the. nt.foTTIP^rc; €inrl ClinTi a-vr>^-nc^i^ci i-n ..^/..v^-Ki^^^i^n .r.T,+U J-l.« ««« INDIAN APPEOPEIATION BILL. 593 Mr. BuEKE. This could only be used for salaries and not for ex- penses. Mr. Carter. Yes; they will have to have that authority. The Chairman. What is the next item ? Mr. Meeitt. The next item reads : For the support, continuance, and maintenance of the Cheroliee Orphan Training School, near Tahlequah, Olda., for the orphan Indian children of the Five Civilized Tribes belonging to the restricted class, to be conducted as an industrial school under the direction of the Secretary of the Interior, $35,000; for repairs and improvements, $15,000; in all, $50,000. We offer the following justification in support of this item : Cherolcee Orphan Training School, Five Civilhcd TriTyca, OUahoma. Fiscal year ending June 30, 1M4, amount appropriated $30,000 Fiscal year ended June 30, 1913 No appropriation Note. — Of this the sum of $5,000 was for purchase of tho school property from the Cherokee Nation, leaving $25,000 for support. Statistical statement for year ended Jane SO, 1913. Value of school plant $26,499 Number of buildings 10 Number of employees 12 Total salaries $8,005 Average attendance 65. 8 Enrollment 91 Capacity 65 Cost per capita Area oC school farm acres 40 Value of school products $914 Superintendent's estimate of needs for 1915 : For support $37, 705 Repairs and improvements 1,890 Buildings 16, 525 Total 56,120 Cherokee Orphan Training School, Five Civilized Tribes. 1915, amount requested in proposed bill : For support, continuance, and maintenance :55 000 Repairs and improvements 15,000 Total 50,000 The need for the amount requested for support, namely, $55,000, is occa- sioned by the following facts to which attention has been called by Supervisor John B. Brown, in charge of the schools of the Five Civilized Tribes. The school is now conducted for the orphan children of the Five Civilized Tribes belonging to the restricted class, yet its present capacity of 65 pupils uakes it impossible to accommodate more than half of the Cherokee oi-phan dilldren, leaving all the other tribes unprovided for. Applications for admit- :ance are now twice the school's capacity, and no applications have been con- sidered except for the Cherokee Nation, for and by whom the school has hereto- tore been conducted. No other school in the Five Tribes retains pupils during the months of June, ruly, and August, but many orphans must be retained. There is definite leed of school facilities and accommodations for many orphans of these tribes vho otherwise will drift about, becoming the prey of land grafters, while at he same time they suffer moral and social demoralization. Owing to the rordlng of the appropriation for this school for the fiscal year 1914. it is' im- lossible to use any money for new construction, even though the appropriation le not all required for support. It is proposed, however, to enlarge the school 24455—14 38 594 INDIAN APPEOPEIATION BILL. facilities by the addition of the necessary dormitory space, school biulding, and probably several necessary cottages, If money for such purposes be provided, The amount, namely, $15,000, for repairs and improvements, would be sufficient to provide a boys' dormitory, permitting necessary segregation of the sexes now quartered in one liuildin;^, and would double the capacity of the school. The superintendent Las mentioned as necessary a boys' dormitory, shop build- ing, heating plant and lighting system, silo, and purchase of additional pasture lands. A domestic-science cottage is required, and at least two cottages for em- ployees in addition to the above items. The pasturage of the present school farm is insufficient; for the needs of the school, and for a long time it has been reported to the office that additional pasturage is required at the earliest moment that such laud can be procured. Salary list in effect Dec. 20, 1913. » [Payable from Cherokee Orphan Training School, Five Civilized Tribes, Okla., 1914.] Capacity, 60; enrollment, SS; average, 65. Position. Number of months. Monthly, salary. Aimual cost. Superintendent $1,255 720 Clerk 12 12 9 9 12 9 12 12 12 12 12 $60 40 80 65 76 65 50 40 40 50 60 Physician 480 720 Primnry t^achpr 585 900 Domestic-science teacher 495 600 Seamstress 480 480 Cook 600 720 8,005 9 70 630 8,635 The Chairman. You have an increase here of $25,000. Mr. Meeitt. Yes, sir. We are asking for repairs and improve- ments, $15,000, and an increase of $10,000 over the appropriation for the school of last year. The Chairman. Do you not think it would be better legislation to have the bill carry a statement showing what the repairs and im- provements consist of? Would it not be better legislation to show that this item is for repairs and improvements as well as a dormitory, so that we could definitely explain the matter ? If it is for a dormi- tory, why do you not say so ? Mr. Meritt. We would have no objection if additional words were added, making it read " dormitory, and repairs and improvements." The Chairman. What amount would you suggest for the dormi- tory and what amount for repairs and improvements ? Mr. Meeitt. It would take a large part of that for the dormitory, Mr. Chairman. The Chairman. I think it would be better legislation to specify what is wanted. Mr. Meritt. We would have no objection to that change being made. Mr. Carter. I notice you have no per capita cost. Mr. Meeitt. This is a new school. INDIAN APPBOPBIATION BILL. 595 Mr. Caetek. It was operated last year, Avas it not? Mr. Meeitt. It is being operated noAV. This current year is the first year there was a specific appropriation. The Chairman. What would you suggest for the dormitory ? You carry $25,000 additional here ? Mr. Meeitt. I would sugg'est that the wording be changed and that it read, " For dormitory, $15,000," and that the $35,000 include the words " including repairs and improTements," so we can use part of that $35,000 if necessary. The Chairman. Please furnish us a draft so that we can insert at this point the changes you propose there. Mr. Meritt. The draft is as follows : For the support nnd maiutenauce of the Cliorokee Orphan Training School, near Tahlequah, Olilahoma, for the orphan Indian children of the Fi\e Civilized Tribes belonging to the restricted class, to be conducted as an industrial school under the direction of the Secretary of the Interior, including repairs and im- provements, $35,000 ; for a dormitory, $15,000 ; in all, $50,000. Mr. Carter. Is this the only school that the Government supports out of Federal funds for the Five Civilized Tribes ? I mean, it is the only school specifically provided for? Mr. Meeitt. Yes, sir. Mr. Carter. And that is the only money you get from the Treasury for the Five Civilized Tribes aside from the $300,000, is it not? Mr. Meritt. Yes, sir. Mr. Carter. How many children from the Five Civilized Tribes go to Haskell and Chilocco ? Mr. Meeitt. Two hundred and thirty at Haskell and over 200 at Chilocco. Mr. Carter. From the Five Civilized Tribes? Mr. Meritt. Yes, sir. Mr. Burke. This institution was maintained before we provided for it, was it not ? Mr. Meeitt. Yes, sir. Mr. Burke. How was it supported originally ? Mr. Meritt. Supported out of tribal funds. Mr. BuEKE. The last appropriation bill provided for its support and maintenance, and also authorized the purchase from the Chero- kee Nation of the land upon which the school is located. Mr. Meeitt. Yes, sir. Mr. Burke, I might add there that the Government is trying to close up the tribal affairs of the Cherokee Nation, and this is one of the pieces of property that it was thought the Government might well purchase. Mr. BuRiiE. What is the purpose of the word " continuance " in line 6? Mr. Meritt. That is simply to continue the school. We see no necessity for the wording. Mr. Carter. That was put in last year because the school had been theretofore maintained from tribal funds and it was to be continued by the Government? Mr. Meritt. I suppose so, but it is not necessary. Mr. Burke. I again call your attention to the fact that the para- {jraph differs from the language used in other items for the support of schools, those items having generally included the words " includ- ing the salary of superintendent." 596 INDIAN APPKOPEIATION BILL. Mr. Meeitt. We will pay the superintendent's salary out of this item. Mr. Btjeke. "WTiat I was trying to get at is uniformity. Why do we have different language in one place, than in another? It seems to me it should all be the same. Mr. Mekitt. This was incorporated in the bill last year and we simply followed the language of last year. The Chairman. What is the next item ? Mr. Meeitt. The next item reads : The sum of $250,000, to be expended in the discretion of the Secretary of the Interior, under rules and regulations to be prescribed by him, in aid of the com- mon schools in the Cherokee, Creek, Choctaw, Chickasaw, and Seminole Na- tions in Oklahoma, during the fiscal year ending June 30, 1915 : Provided, That this appropriation shall not be subject to the limitation of section 1 of this act, limiting the expenditure of money to educate children of less than one-fourth Indian blood. The following justification is offered for the record : Indian schools, Five Civilized Triies. .Fiscal year ending June 30, 1914, amount appropriated $300,000.00 Fiscal year ended June 30. 1913 : Amount, appropriated 300, 000. 00 Amount expended 296, 643. 08 Unexpended balance 3, 356. 92 ANALYSIS or EXrE?>DITURES. Salaries, wages, etc $3,879.67 Traveling expenses .- 173. 27 Printing 101.95 Equipment 311.33 Aid of schools 292, 176. 86 296, 648. 08 Indian schools, Five Civilized Tribes, 1915, alnount requested in proposed bill, $250,000. . This appropriation, which is the same as for the fiscal year 1914, with the exception of the amount appropriated, formerly $300,000, is expended by the Secretary of the Interior under ryles and regu- lations prescribed by him in aid of the common schools in the Five Civilized Tribes. The first appropriation in this form occurred in the Indian Appro- priation Act for the fiscal year ending June 30, 1913 (act of Aug. 24, 1912), and its purpose was to render assistance to the district public schools in eastern Oklahoma which had been deprived of their school revenue by reason of the decisions of the Supreme Court of the United States relative to taxation of Indian allotments. The decisions of the court relieved from taxation many thousands of acres of the Indian lands. Nearly all school districts were affected by this situation; most of them contained large areas of the lands thus ex- empted and were not financially able to maintain schools for a suffi- cient term and provide facilities for both white and Indian children without assistance. These facts led to the passage by Congress of the act of August 24, 1912, mentioned above, and the circumstances at the present time are INDIAN APPROPRIATION BILL. 597 the same. Therefore it is understood that the necessity for this ap- propriation, in order to afford the districts assistance and provide facilities for Indian children, continues, and will continue during the fiscal year 1915. The Chairman. What reasons have you to offer for reducing the appropriation from $300,000 to $250,000 ? Are there not as many Indians as there were before ? Mr. Meeitt. We need the entire $300,000, but after the estimates were made up we were required to reduce our estimates, and it was necessary to cut certain items. We cut this item $50,000. The Chairman. Was that the only reason that was urged? Mr. Meritt. Yes, sir. We would' be glad to see the appropriation $300,000 in the bill this next year. Mr. Carter. I notice that you had an unexpended balance of only $3,356.92 when this report was made up. Mr. Meritt. Yes, sir. Mr. Carter. That is one of the smallest percentages of unexpended balances shown, is it not ? Mr. Meritt. That is a small unexpended balance when compared with the amount of the appropriation. Mr. Burke. Just how is the money expended ? Your justification does not state. Mr. Meritt. Mr. Higgins is here from the office, and as he handled that work in the office, I would be glad to have him explain how the money is used. Mr. Higgins. Last year, in the first instance, we made three pay- ments covering three months — I think October, November, and De- cember — of $1 per Indian pupil, as a temporary measure. Then, following that, payments were made to the different schools on the basis of the teachers' salaries, in order to enable the poorer schools to maintain a seven months' term of school. The payments were somewhat arbitrary, but they were made with regard to the needs of the school districts which had a good many Indian pupils and in which districts there was a large proportion of nontaxable Indian land. In some districts that would run 50 per cent. That was in 1913. During 1914 we are following substantially the same pro- cedure, except we are making two payments. We pay 10 cents per pupil for each day's attendance — I think it is 10 cents — and then, following that, we make additional payments, based upon the salaries of the teachers. • Mr. Burke. To whom do you disburse the money — to the school boards or directly to the school employees ? Mr. Higgins. In 1913 the money was paid to the school district treasurers. This year it is proposed to pay it to the county superin- tendents and let them redistribute it to the different districts. Mr. Burke. Will the county superintendents redistribute it by pay- ing it to the school treasurers of the different school districts? Mr. Higgins. I so understand. Mr. Burke. And then the money is disbursed on vouchers ordered by the school boards of the different schools ? Mr. Higgins. Yes. Mr. Burke. As I understand it, these schools are public schools ? Mr. Higgins. Yes, sir. 598 INDIAN APPKOPKIATION BILL. Mr. Bdeke. And you use this money to supplement the moneys thll are collected by taxation? Mr. HiGGiNs. Yes, sir. Mr. Burke. To pay for the education of Indian children that aa tend these schools? Mr. HiGGiNS. Yes, sir. The Chairman. It is to the interest of the Indian children to be| placed in white day schools. Mr. HiGGiNS. Undoubtedly. The Chairman. It benefits the Indians very greatly. Mr. HiGGiNS. Yes, sir. Mr. Burke. I want to ask you one other question, whether ^r not there are any schools maintained . from this fund where the entire school force is employed and paid by the United States out of its funds ? Mr. HiGGiNS. No, sir. Mr. Meritt. I might add that this appropriation was placed in the Indian appropriation bill because of the decision of the Supreme Court, in the case of Choate v. Trapp and one or two other cases, which resulted in depriving the State of Oklahoma of a very large revenue which they had been receiving before that decision from tax- ing certain Indian lands from which restrictions had been removed, and we think it is only a matter of justice to the State of Oklahoma to make this appropriation. The Chairman. What is the next item ? Mr. Meritt. The next item reads : For expenses incident to and in connection with collection of rents of unal- lotted lands and tribal buildings, sucli amount as may be necessary: Provided, Ttiat such expenditures shall not exceed in the aggregate ten per centum of the amount collected, which amount shall be paid out of such tribal funds. That is the item I suggested could be omitted. Mr. Carter. But you want that language included in the item car- rying the appropriation of $40,000. I think you said that it was im- portant that the language be included in this $40,000 item. Mr. Meritt. That might come in the regular expenses of the ad- ministration of the affairs of the Five Civilized Tribes. Mr. Carter. You might insert a provision in that. Mr. Meritt. We can pay it out of the general fund. We offer for the record the following justification in support of item No. 123 : This item provides for the expenses incident to and in connection with col- lection of rents of unallotted lands and tribal buildings, such amount as may be necessary, and provides, however, that such expenditures shall not exceed 10 per cent of the amount collected, which amount should be paid out of such tribal funds. It can not at this time be foretold how much of this kind of work there will be during the fiscal year 1915, as it is believed that much of the remaining unallotted lands of the Five Civilized Tribes will be disposed of before July 1, 1914. It is possible, also, that the surface of the segregated coal and asphalt lands of the Choctaw and Chickasaw Nations will be disposed of before that time. There will, however, undoubtedly be some tribal land remain- ing, and provision should therefore be made for the expense of collecting any revenues that may be due the tribes arising therefrom. Mr. Meritt. I see no reason why this item can not be omitted and the expense in connection with this matter paid out of the general expense fund for administering the affairs of the Five Civilized Tribes. INDIAN APPEOPEIATION BILL. 599 Mr. Burke. Under the item, as it now reads in the bill, the money mes out of tribal funds, and if it is paid out of a general appropria- ei, |i)n, it will be paid by the United States. Mr. Carter. It was originally'paid by the United States. Mr. Burke. And we must explain why we are going to charge to ,l,]ijie Government an expense heretofore paid by the tribes. The policy f the committee has been to put upon the Indians any expense that 8 can without violating existing treaty obligations. Mr. Carter. I think it might be included in this item here Mr. Burke (interposing). If it is included in item No. 124, that (tl^rould be a better way. jl^'' Mr. Meeitt. That would be entirely acceptable to us. J,, The Chairman. What is the next item? Mr. Meritt. The next item reads: That the Secretary of the Interior be, and he is hereby, authorized to use not Lexceeding $40,000 of the proceeds of sales of unallotted lands and other tribal ■^property belondging to any of the Five Civilized Tribes for payment of salaries ''of employees and other expenses of advertising and sale in connection with the t' further sales of such tribal lands and property. }■ We offer the following justification for the record : i By Sale of unallotted lands, Five Civilized Tribes (reimbursahle) . \' Fiscal year ending June 30, 1914, amount appropriated $40,000.00 Fiscal year ended June 30, 1913 : Amount appropriated 25, 000. 00 Amount expended 23, 505. 06 Unexpended balance 1, 494. 94 ANAI-TSIS OF EXPENDITURES. Salaries, wages, etc 17,986.37 Traveling expenses 1, 457. 08 Telegraph and telephone service 12.10 Stationery 40. 00 Printing 1, 411. 28 Advertising 2, 577. 23 Miscellaneous 21. 00 23, 505. 06 This item provides authority for the Secretary of the Interior to use not exceeding $40,000 of the proceeds of the sales of unallotted lands and other tribal property belonging to any of the Five Civilized Tribes for payment of salaries of employees and other expenses of advertisement for sale in connection with the further sales of such tribal lands and property. The amount estimated for the fiscal year 1915 is the same as the amount appropriated for the present fiscal year. The force of employees engaged in the work connected with the sale of the unallotted land can not be much reduced so long as the sale of said unallotted land continue and remittances are being made and funds handled in as large amounts as at present. The Commissioner to the Five Civilized Tribes anticipates that the worli will not be much decreased during the fiscal year 1915. He reports that $3,535,878.15 was reecived from said sales during the fiscal year ending June 30, 1913, and that the same amount was again dis- bursed or accounted for in detail. The principal work of the office of the Com- missioner to the Five Civilized Tribes for the year commencing July 1, 1914, will be the sale of unallotted or of the segregated coal and asphalt lands not disposed of prior to that time, together with the remaining town lots and other tribal property, and the reoffering of timber lands not sold at first sale held in January, 1914. 600 INDIAN APPBOPEIATION BILL. The Chaieman. This is new language not heretofore used in the bill, is it not ? This is a new item, is it not ? Mr. Meritt. It is practically the same item as was carried in last year's bill. The Chairman. It is a substitute for the item stricken out above? Mr. Meritt. Yes, sir. The Chairman. It is a substitute for the item stricken out between lines 10 and 18. Why is the language changed ? Mr. Meritt. The chief of the Finance Division thought that this language should be changed to obviate any difficulties with either the auditor or the comptroller. The appropriation will be used for the same purpose as the appropriation carried in the present appro- priation act. The Chairman. Will there be any increase of salary to any em- ployee ? Mr. Meritt. No, sir ; that is not the intent of the appropriation. The Chairman. Will there be any increase in the number of em- ployees ? Mr. Meritt. I do not think it is intended to increase the number of employees, because we are asking for the same amount as last year. Mr. Carter. That appropriation, as .1 remember it, was originally not to exceed $25,000? Mr. Meritt. Yes, sir. Mr. Carter. And at the time when that amount was all that could be used the sales of all the unallotted lands were taking place. It ■was the only amount allowed to be used at that time. Now, since the sales of the unallotted lands have practically been completed and appropriation is made for the sale of the segregated mineral lands directly, don't you think that $40,000 would be a pretty exorbitant sum to appropriate? * Mr. Meritt. This is the amount requested by the Commissioner of the Five Civilized Tribes, and if it is possible to reduce the amount I am sure the Commissioner of Indian Affairs will be glad to see it done. Mr. Carter. You have nothing to sell now except the timberlands and the segregated mineral lands, and the segregated mineral lands are provided for specifically. Mr. Meritt. Of course the office of the Commissioner of the Five Civilized Tribes is required to keep track of the sales heretofore made to see that payments are made and that interest is figured on the sales of the tracts. Mr. Carter. But since you keep on ex!tending these payments you do not have much work to perform in collecting them. Mr. Meritt. But there is considerable work to be done in figuring the increased interest. Mr. Burke. I notice in your justification it is stated that " $3,535,- 878.15 was received from said sales during the fiscal year ended June 30, 1913." Am I to understand that it is likely that there will be any such receipts in the next fiscal year? Mr. Meritt. The receipts may not be quite as large as that, but there will be a large amount received from the sale of unallotted lands. INDIAN APPEOPEIATION BILL. 601 Mr. BuEKE. Of course all of us agree that whatever the amount is it ought to be provided, because otherwise you might delay the sales of the lands. Mr. Meeitt. Yes, sir. Mr. Btteke. But it ought not to be more than is necessary. Mr. -Meeitt. No, sir. Mr. Caeter. Item number 123 is an item for the collection of rents on unallotted lands. None of that, I presume, could be used for the collection of payments on unallotted land? Mr. Meeitt. No, sir ; that appropriation will not be available for that purpose. Mr. Cabtee. Why could we not stop that appropriation — getting off the subject a little — in item No. 123 ? Mr. Meeitt. I think that appropriation can be discontinued after ■this year. Mr. Caetee. I think it ought to be now. The unallotted lands have practically been sold. Mr. Meeitt. We will have no objection to that item going out of the bill. Mr. Burke. I have no objection to its going out. Mr. Meritt. The only collection of rent next year will be from the segregrated coal lands. The next item reads : For fulfilling treaties witli Choctaws, Oklahoma : For permanent annuity (article two, treaty of November sixteenth, eighteen hundred and five, and article thirteen, treaty of June twenty-second, eighteen hundred and fifty-five), ^3,000; for permanent annuity for support of light-horsemen (article thirteen, treaty of October eighteenth, eighteen hundred and twenty, and article thirteen, treaty of June twenty-second, eighteen hundred and fifty-five), $600; for per- manent annuity for support of blacksmith (article six, treaty of October eight- eenth, eighteen hundred and twenty, and article nine, treaty of January twen- tieth, eighteen hundred and twenty-five, and article thirteen, treaty of June twenty-second, eighteen hundred and fifty-five), $600; for permanent annuity for education (article two, treaty of January twentieth, eighteen hundred and twenty-five, and article thirteen, treaty of June twenty-second, eighteen hundred and fifty-five), $6,000; for permanent annuity for iron and steel (article nine, treaty of January twentieth, eighteen hundred and twenty-five, and article thirteen, treaty of June twenty-second, eighteen hundred and fifty-five). $320; in all, $10,520. The following justification is offered in support of this item : Fvlflllvng treaties with Ghoctcms, Oklahoma. Fiscal year ending June 30, 1914, amount appropriated $10, 520. 00 Fiscal year ended June 30, 1913 : Unexpended balance from previous years 17,769.69 Amount appropriated ^^- ^20. 00 28, 289. 69 Amount expended 25, 164. 14 Unexpended balance §■ 125. 55 Analysis of expenditures, per capita payments 2o, 164. 14 Amount, $10,520. 602 INDIAN APPEOPKIATION BILL. This item is for the purpose of carrying out tlie various treaty provisions entered into with the Choctaw Indians. Article 13 of the treaty of June 22, 1855 (11 Stat. L., 611, 614), reads as follows : "Akt. 13. The amounts secured by existing treaty stipulations, viz. permanent annuity of three thousand dollars, under the second article of the treaty of eighteen hundred and five; six hundred dollars per annum for the support of light-horsemen under the thirteenth article of the treaty of eighteen hundred and twenty ; permanent annuity of six thousand dollars for education, under the second article of the treaty of eighteen hundred and twenty-five; six hun- dred dollars per annum, permanent provision for the support of a blacksmith, under the sixth article of the treaty of eighteen hundred and twenty; and three hundred and twenty dollars, permanent provision for iron and steel, under the ninth article of the treaty of eighteen hundred and twenty-five, shall continue to be paid to or expended for the benefit of the Choctaws as heretofore ; or the same may be applied to such objects of general utility as may from time to time be designated by the general council of the tribe, with the approbation of the Government of the United States. And the funds now held in trust by the United States for the benefit of the Choctaws under former treaties, or other- wise, shall continue to be so held, together with the sum of five hundred thou- sand dollars out of the amount payable to them under articles eighth and tenth of this agreement, and also whatever balance shall remain, if any, of the amount that shall be allowed the Choctaws, by the Senate, under the twelfth article hereof, after satisfying the just liabilities of the tribe. The sums so to be held in trust shall constitute a general Choctaw fund, yielding an annual interest of not less than five per centum ; no part of which shall be paid out as annuity, but shall be regularly and judiciously applied, un be charged against the appropriation. ANALySIS OF JKPENDtTrRES. alaries, wages, etc $27,826.70 raveling expenses 51. 51 ;legraph and telephone service 68. 43 eat, light, and power (service) 212.24 iscellaneous material 517. 67 :ationery 45. 63 Ml 5, 192. 71 3Chanics' supplies 70. 31 eaning and toilet supplies 706. 28 earing apparel 6, 233. 44 •ovisions 10, 892. 74 [uipment - 4, 489. 94 nstruction and repairs 5,206.05 idical supplies .= 276. 48 scellaneous 123.00 61,913.13 ilso $8,000 in 1913 act for buildings, $6,588.21 of which was expended. i. nonreservatifin boarding school located on 481 acres of Government land. risdiction over no Indians is maintained at this point other than the Indian Dils. 624 INDIAN APPEOPEIATION BILL. Statistical statement for year ending June 30, 1913. Value of school plant $157, 35J Number of buildings 2i Number of employees 4] Total salaries $28,06( Average attendance of pupils 37C Enrollment 383 Capacity 360 Cost per capita $153 Area of school lands acres — 481 Value of products of school • $8,667 Superintendent's estimate of needs for 1915 : Support $61,500 Repairs and improvements 6. 000 New building 4, 000 Total 71,500 Indian school, Flandreau, S. Dak., 1915, amount requested in proposed bill: Support and education of 365 pupils and for pay of superintendent- 61, 500 Repairs and improvements 8,000 Total 69,500 Sixty-one thousand five hundred dollars is for the support of 365 pupils and for the pay of the superintendent. The balance of the amount requested, $8,000, will be required in making the necessary improvements and minor repairs. As part of the funds for repairs and improvements in 1911 and 1912 was not used, and the buildings are in need of many repairs, it is necessary to ask for an Increased appropriation for the fiscal year 1915. The school is well situated, and there is a large farm in connection there- with. The school is well equipped, is economically administered, is doing good work, and should be maintained for many years in order that adequate facilities may be furnished for advanced Indian pupils from adjoining States from which it largely draws its students. Salary list in effect Dec. 20, 1913. [Payable from " Indian School, Flandreau, S. Dak., 1914."] Capacity, 360 ; enrollment, 378 ; ries : Superintendent $2, Clerk 1, Assitant clerk Physician Disciplinarian Teacher Do Do Do Do Do Do Do Do average, 370. Salaries — Continued. Assitant seamstress $300 Laundress 520 Assistant laundress 300 Baker 520 Cook 560 Assistant cook 300 Farmer 840 Carpenter 760 Assistant 600 Shoe and harness maker__ 760 Gardener 720 Manual-training teacher Domestic-science teacher Matron Assistant matron Do Housekeeper Nurse Seamstress Assistant seamstress ,000 320 780 720 900 900 750 750 690 690 690 660 660 600 900 660 720 560 560 560 720 600 300 Engineer 1, 000 Assitant engineer- Assistant Do Do Do Do Laborer Laborer, 6 months, month 600 420 420 660 600 300 540 240 28, 650 INDIAN APPROPRIATION BILL. 625 .TivJ'"*l^r' m' ^^''- ^^*'"*,V ^ "''^•^■^ tl"^t t'le per capita cost here is er ooDitn of f"'"^ ?i°" 'V^^ ^^'"'^ ^^'''^ i* is n ery much less than the If \^ °^* "it the schools in North Dakota. Mr. Meeitt. \ es, sir. ^hJ^«nh?n'^f^!'■l"^'''^''''^i?§■ ^^■"^'^ *'^'^t the per capita cost of some of t Sr c n^t. "'^r- ^"'' '' "^ '"'^^'^^g*^ attendance of 370, and yet flie pel capita cost is very much less than at the Haskell School in Kansa-s and several other schools which we have discussed. Mr. Meeitt. The low per capita cost shows that the superintendent IS administering the affairs of the school along economical lines. Ihe Chaibman. \A hat is the next item, Mr. Meritt« Mr. :MEEin\ The next item reads For supiJort and education of 250 Indian impils at tlie Indian school at Pierre, »■ Dak.^nd for pay of superintendent, !f43.7.-(t; for dining hall and "^"H^oAn* !'^' ^"r-'^ym^fsumi. $12.0ftO; for laundry buildin? and equip- ment, $(.000; for general repairs and improvements, .ffi.OOO: in all. .f'^6,7.5(). We ask for a number of improvements at this school and I will be glad to read the justification in support of the item for the informa- tion of the committee : Indian School. Picric. S. Dal:. Fiscal year ending June 30, 1914, amount appropriated .$42 000 00 Also $15,000 for buildings. - Fisenl year ended June 30, 1913 : Amount appropriated 39. ooo. 00 Amount expended .38, S."i9. 42 Unexpended balance 140. 58 ANALYSIS OF EXPENDITTJRES. Salaries, wages, etc 13,729.67 Telegraph and telephone service 59.33 Heat, light, and power (service) S;'51.64 Miscellaneous material 117. 61 Stationery 31. 17 Fuel ____* 2,423.75 Mechanics' supplies 28. 32 Cleaning and toilet supplies .SOO. 81 Wearing apparel 4, 103. 10 Forage 417. 70 Provisions 5, 017. 74 Equipment 3. .351.65 Construction and repairs (;, OSS. 96 Medical supplies 07. 93 Miscellaneous 740. 04 Total ?jf^. 8.50. 42 Also $4,000 in 1913 act for Irrigation, $3.008 65 of wliich was used. Also $7,003.17 expended from appropriation for water supply. Also $2,834.11 expended from appropriation for buildings. Statisticnl statement for year ending June 30, WIS. Value of school plant .$114,235 Number of buildings 26 Number of employees , 21 Total salaries $34, 900 iverage attendance of pupils 171 Enrollment 212. 24455—14 40 626 INDIAN APPEOPBIATION BILL. Capacity 234 Cost per capita $186 Area of school lands acres 310 Value of products of school $1,928 Superintendent's estimate of needs for 193 5 : Support $47, 750 Repairs and improvements 8,000 New buildings and equipment 38,000 Total 93,750 Indian school, Pierre, S. Dak., 1915 — Amount requested in proposed bill: Support and education of 250 Indian pupils and for pay of super- intendent $43, 750 Repairs and improvements 6,000 NevF buildings and equipment 37,000 Total 86.750 Forty-three thousand seven hundred and fifty dollars is for the support of 250 pupils and for pay of the superintendent, and is a conservative estimate. The majority of the buildings at the school are old and require considerable repairs each yenr, and $6,000 requested is not excessive. A new dormitory building has been erected at this school, whereby the num- ber of pupils has been increased from 175 to 250, and in order to provide dining- room accommodations for these pupils the erection of a new dining hall is imperatively necessary. The estimated cost of this building is $18,000. An expenditure of $7,000 is necessary for the construction and equipment of a laundry building. The present building is an old, dilapidated structure, and is in an insanitary condition. It is located on the site needed for the new dining hall and should be removed, and a laundry building of brick with con- crete floors erected. The severe climate iu South Dakota during several months of the year, when the pupils can not have proper outdoor exercise, makes a gymnasium an urgent necessity. The present building is in very poor condition, and is not worth repairing. It is also located on the site needed for the new dining hall and should be removed. The estimated cost of this gymnasium building is $12,000. This school is very well located, being practically iu the center of the State and almost surrounded by Indian reservations. It has a good farm, is doing excellent work, and should be maintained for many years. A nonreservntion boarding school located on 310 acres of Government land. Xo Indians under the jurisdiction of this school other than pupils. Halarv list in effect Dec. .?'). 1913. [Payable from " Indirtn School, Pierre. S. Dak., 1914."] Capacity, 234; enrollment. 212; average. 171. Salaries : Superintendent $2, 000 Clerk 840 Financial clerk 720- Physician '_ 720 Disciplinarian 720 Principal teacher 720 Teacher 660 Do 570 Matron 720 Assistant matron 600 Do 500 Do .300 Sain ries — Continued. Seamstress $540 Laundress 500 Cook 500 Farmer 720 Carpenter 720 Shoe and harness maker 720 Engineer 1,000 Laborer 600 Do 600 Total 14,930 Mr. Burke can give you more detailed information about it than I can, as this school is located at his home city. INDIAN APPEOPEIATION BILL. 627 The Chairmax. Mr. Meritt. I see that the per capita cost at Flan- [reau is $153, while at Pierre it is $186. Can you explain the reason or this discrepancy ? Mr. Meeitt. The attendance at the Flandreau school is much larger han at the Pierre school. The «. Chairman. You propose to raise the number of pupils at the ;*ierre school to 250. Do you think that by raising it to that number 'ou will reduce the per capita cost? Mr. Meritt. That will result in decreasing the cost per capita. The Chairman. It will tend to equalize it, do you think? ]Mr. Meritt. Yes, sir. The Chairman. What necessity is there for increasing the num- Der from 175 to 250? That is an increase of 75 pupils in a non- reservation school, and a corresponding increase in the amount of money ? Mr. Meritt. Congress has already provided for certain buildings there, and with the plant that we are asking for in this bill we could ?asily increase the number of pupils from 175 to 250, which would result in decreasing the cost per capita for the school, and there would be no trouble in filling the school to its capacity, in view of the fact that it is located in a country surrounded by Indian reservations. The Chairman. How manj'^ Indians are there in this State, and how many reservations? Mr. Meritt. There are something like 20,000 Indians in the State. It is the third or fourth State in the country so far as Indian popula- tion is concerned. The Chairjian. I see you state the present capacity of the school is 234, and you propose to raise it to 250. Mr. Meritt. Yes, sir. The Chairman. An increase of about 16 students ? ilr. Meritt. We have an attendance now of The Chairman (interposing) . There is an enrollment of 212. Mr. Meritt. We have an attendance of 171 and propose to increase the number to 250. The Chairman. You propose to increase the amount of money ap- propriated by the Government from $57,000 to $86,750. Do you think that the additional pupils and accommodations would justify that additional expenditure of money ? Mr. Meritt. Yes, sir. Mr. Carter. I notice, Mr. Meritt. that you had to construct an employees' quarters at the expense of $15,000 last year. Mr. Meritt. Yes, sir. Mr. Carter. That was included in the per capita cost ? Mr. Meritt. No, sir; tha>t would not be included in the per capita cost. Mr. Burke. Pierre is located on the Missouri River, in the geo- graphical center of the State? Mr. Meritt. Yes, sir. Mr. Burke. What reservations are tributary to that point ? Mr. Meritt. Crow Creek, Lower Brule, and Cheyenne River. Pine Ridge Reservation is not very far, and Rosebud Reservation is a httle to the south. Mr. Burke. All of those reservations are within driving distance of this school? 628 INDIAN APPEOPBIATION BILL. Mr. Meritt. Yes, sir. Mr. Burke. I do not Iniow whether you are posted, but the orig- inal buildings at the Pierre school were very cheaply constructed. Mr. Meritt. Yes, sir. Mr. BtJRiiE. The original appropriation for the buildings, as I re- call, was about $20,000 ? Mr. Meritt. This building, which should be torn down now, is a frame building, and is really a menace to the new buildings that have been constructed, and it would be good administration to tear that building down even if we did not provide new buildings. Mr. Burke. I should like to ask you if we should make any allow- ance for new buildings at this school if we could not incorporate the" diil'erent amounts in one item for new buildings, rather than to specify, as you have here, three different items ? Mr. Meritt. We will be glad to have that change made, Mr. Burke. Mr. Burke. Have you any information as to what the present status of the irrigation plant is and whether or not any money is necessary to complete it ? Mr. Meritt. The office has had rather an unfortunate experience with the irrigation plant. The following information is submitted: Amount rer/iiircd to finixli irrigation project, Pierre School, Soutli Dakota, Repairs iind iiniu'dvemeiits $700 Extension of pipe lines and ditches _. 1,800 LnbricMtion oil. snpplies, and operation 800 Leveling, borderln;,', and preparing land 1,300 Irrigation farmer and ditch tender 1,200 Supervisor of construction 400 Engineering, surveying, anjl cost keeping 400 Traveling expense, incidentals, etc ^ 400 Total i J 7,000 The plant at the Pieri'e School is in an advanced stage of completion and has been useful in aiding the raisin.t.': of crops. To make it bring the greatest re- turns, however, considerable money must he sjient in leveling and properly pre- paring the laud for irrigation. The water for this irrigation is obtained from the Missouri River, and on account of the massc^s of Ice coming down the river in the fall it is necessary to remove the suction pipe from the ri\-er and replace it every spring. This item adds several hundred dollars to the cost, as the pipe has to be supported by a temporary piling which can luit always be expected to endure the winter stresses. Irrigation in this locality is something new, and therefore it requires more supervision and atteuti(m than in countries where it has been practiced for years. For this reason an experienced irrigation farmer and ditch tender should be employed, and one can not be obtained at less than $100 per month. After the local community becomes educated t(j irrigation it will doubtless be possible to secure a man at less salai'y than this, but at present it is necessary for the man to be able to devise ways and means of getting beneficial results, as conditions in that country, where the soil, climate, and other conditions affecting irrigation are new, he must be a man of such ability that he will be able to work out the result to the best adv:int;ige possible. Some additional pipe lines should be laid to cover all the land that will be needed for the different crops. During dry years a small amount of irrigation nie.ms the difference between an absolute cro]i failure and good crops, at the very times when these are in most demand and are most expensive to obtain. With the whole area which it is contemplated to irrigate in proper shape, and yielding such crops as can be raised by irrigation, the plant will pay big interest on investment, supplying the whole demand of the school for vegetables, pota- INDIAN APPEOPBIATION BILL. 629 es, and practically all of the hay and forage needed for the work animals and ilk cows. This farm is used for instructions to the Indian boys of the school as well as ,r the mere value of the crops raised. The instruction in proper methods of rigation is, therefore, of use to the school and should be considered in ron- scrion with this irrigation system. The Chairman. What is the next item, Mr. JMeritt ^ Mr. Meritt. The next item reads — For support and education of 250 Indian pupils at the Indian School, Kapid ity, S. Dak,, and for pay of superintendent, $48,500; for Kcncral repairs and nprovements, $5,000; in all, $53,500. The following justification is offered for the record : Indian School, Rairiti Citii. ,S. Dak. 'iscal year ending .Tune 30, 1914, amount appropriated .$53,500.00 'iscal year ended June 30, 1913 : Amount appropriated ,57, 500. 00 Amount exi^ended ; 55, 467. 13 Unexpended balance 2, 032. 87 This is not a final balance, as there are probably outstanding bligations yet to be charged against the appropriation. ANALYSIS OF EXPENDITURES. alaries, wages, etc 19, 074. 72 'elegraph and telephone service 114.34 [eat, light, and power (service) , 1,079.62 [iscellaneous material 684, 44 tationery 25. 49 'uel 6, 500. 19 lechauics' supplies 7. 82 lleaning and toilet supplies 339.27 fearing apparel 5, 886. 83 'orage 737. 10 'revisions 7, 4!)9, 99 Iquipment 4, 299. 28 instruction and repairs 8,173.67 [edical supplies 92. 37 [iscellaneous 52. 00 Total 55, 407. 13 Also $15,000 m 1912 and 1913 acts for heating plant, $9,600.36 of which was sed during the year. Also $522.39 expended from appropriation for buildings, $20,000 appropriated 1 act for 1912. Siatisiieal statement for year ending June 30, 1913. alue of school plant ^l*^^'- 000 umber of buildings 36 umber of employees 31 otal salaries 'P^^' ^^" verage attendance of pupils : ^53 nrollment ^°^ ipacUy ^i*^" )stper capita . 1 qao rea of school lands acres__ 1, 6yij alue of products of school _5_lf^ 630 INDIAN APPEOPRIATION BILL. Superintendent's estimate of needs for 1915 : Support $48, 500 Repairs and Improvements 19,000 New buildings 40, 000 Total 107, 500 Indian School, Rapid City, S. Dak, 1915, amount requested in proposed bill : Support and education of 250 pupils and for pay of superin- tendent 48, 500 Repairs and improvements 5,000 Total . 53, 500 The item $48,500 is for subsistence, clothing, schoolroom supplies, shop mate- rials, medical supplies, f«el, salaries, and all other maintenance and operating expenses. Based on the cost for the fiscal year 1913 this amount will be required. The amount requested for repairs and improvements — $5,000 — is required for keeping the material plant in good condition. The value of the school plant is $183,000. Five thousand dollars is slightly less than 3 per cent on this valua- tion, which is a very reasonable upkeep expense. A nonreservation boarding school located on 1,390 acres of Government land. No Indians under the supervision of this school other than the pupils.. Salary list in effect Dec. 20, J913. [Payable from " Indian school, Rapid City, S. Dak., 1914."] Capacity, 250 ; enrollment, 284 ; average, 252. Salaries : Superintendent $2, 000 Clerk 1, 000 Ass'Stnnt clerk 720 Principal 1, 000 Disciplinarian. Physician Teacher Do Do Do Domestic-science teacher. Industrial teacher Matron Assistant matron Do Nurse Seamstress 800 660 660 690 660 600 600 720 720 540 540 720 540 Salaries — Continued. Assistant seamstress Laundress Assistant laundress Baker Cook Assistant cook Farmer Assistant farmer Carpenter Shoe and harness maker Engineer Dairyman Assistant dairyman Do Laborer $300 540 300 540 600 300 900 300 900 720 900 720 300 ■%0 540 Total 21, 330 The Chairman. The same amount, the same number of students, etc., as last year ? Mr. Meeitt. Yes, sir. We are not asking for an increase for general repairs and improvements at this school. Mr. BuEKB. This is one of the very good schools located in the western part of South Dakota. You have 1,300 acres of land, some of it under irrigation, you maintain, I think, quite a herd of cattle, and the products are estimated to be vforth $10,829. I have been wondering if the per capita cost would not go down at that school as well as other schools that are equipped as this school is with a farm? Mr. Meritt. The per capita cost is rather high at this school, and I think it should be reduced somewhat in view of the large school farm. INDIAN APPEOPEIATION BILL. 631 The next item reads : M vt°h ??nw"* °* ^i°^'' of different tribes, including Santee Sioux of Nebraska, North Daliota, and South Dakota : For pay of five teachers, one physician one carpenter, one miller, one engineer, two farmers, and one blacksmith (art. 13, treaty of Apr. 29, 1886), $10,400; for pay of second blacksmith and furmshmg iron, steel, and other material (art. 8 of same treaty), $1600- for pay of additional employees at the several agencies for the Sioux in Nebraska North Dakota, and South Dakota, $95,000; for subsistence of the Sioux other than the Kosebud, Cheyenne River, and Standing Rock Tribes, and for pur- poses of their civilization (act of Feb. 2S, 1877), $200,000: Provided, That this sum shall include transportation of sujiplies from the termination of railroad or steamboat transportation, and in this service Indians shall be employed whenever practicable; in all, $307,000. We offer the following justification in support of this item : Support of Sioux of different trihes, employees, etc., South Dakota. Fiscal year ending June 30, 1914: Amount appropriated $107,000.00 Fiscal year ended June 30, 1913 : Amount appropriated 100, 000. 00 Amount expended 95, 421. 01 Unexpended balance 4, 578. 99 ANALYSIS OF EXPENDITUKES. Salaries, wages, etc 95,421.01 Support of Sioux of different tribes, subsistence and civiligation. South Dakota. Fiscal year ending June 30, 1914: Amount appropriated $200,000.00 Fiscal year ended June 30, 1913: Amount appropriated 350, 000. 00 Amount expended 290,418. 08 Unexpended balance 59, 581. 92 ANALYSIS OF EXPENDITUKES. Salaries, wages, etc 18,591.63 Traveling expenses 1, 810. 81 Transportation of supplies 31, 760. 59 Telegraph and telephone service 245. 41 Printing ._ 1.75 Miscellaneous material 3, 310. 40 Stationery 39.95 Fuel 4, 846. 18 Mechanics' supplies 123. 26 Cleaning and toilet supplies 76. 01 Wearing apparel 174. 72 Forage 15, 665. 71 Provisions 181, 863. 87 Equipment 27, 493. 57 Medical supplies 2, 196. 02 Seed 2,' 143. 27 Miscellaneous 74. 93 Total 290, 418. 08 632 INDIAN APPEOPEIATION BILL. Indiii]! population: Clieyemie River Sioux, 2,618; Lower Yankton Sioux, 978; Flandreau Sioux, 654; Lower Brule Sioux, -172; Ogalliila Sioux, 6,940; Kosebud Sioux, 5,391; Standing Rock Sioux, 3,435; Santee Sioux, 1,117; total, 22,125. This fund is divisible into two parts — that which applies to employees and that which applies to subsistence and civilization. The employee fund carries $107,(K.10, and of that amount $10,400 is for the purpose of paying employees provided for by article 13 of the treaty with the Sioux Nation, dated April 29, 1868, and $1,600 for the pay of the second blact- smith and furnishing iron, steel, and other material. The lump sum for em- ployees amounts, therefore, to $95,000. Of the $100,000 allowed for the fiscal year ending June 30, 1913, $95,000 was, spent, and as a matter of fact the au- thorized salary roll totaled more than the face of the aiDpropriation, but owing to vacancies in clerical positions of greater or less duration the amount of $5,000 was returned to the Treasury. It is anticipated that during the present fiscal year (1914), for which Congress appropriated $107,000 for employees, the en- tire sum will be used, for the administrative work in the Sioux country has Increased greatly with the opening of the reservations and the treating of the Indians as individuals (with the consequent vast increase in correspondence and business details) rather than as tribal communities, as was the case but a few years ago. The amount allowed for employees is used throughout the Sioux country, consisting of eight superintendencies located in North and South Dakota and Nebraska, and having jurisdiction over a population of more than 21,000 souls. Of the total appropriation. Congress has specified that $200,000 shall be used for subsistence and for the civilization of the Sioux Tribes other than those of the Cheyenne River, Rosebud, and Standing Rock Tribes. In other words, it is for supplying the general subsistence, welfare, and agency needs of the Pine Ridge, Lower Brule, Santee, Crow Creek, and Flandreau Tribes of the Sioux Nation. The Crow Creek, Pine Ridge, and Lower Brule Indians are perhaps the most backward tribes of the Sioux Nation; they live at places removed from white settlements and railroads, and, as a consequence, need a gieat deal of material assistance from the United States before they can be placed upon a self-support- ing plane. The reservations are of great extent, and a great deal of travel is necessary in the supervision of their affairs. It Is difficult to get a correct idea of the necessities of these Indians by com- parison with expenditures during the fiscal year ending June 30, 1913, as will be shown in the following : The amount appropriated for subsistence and civilization for the latter fiscal year, $350,000, was applicable to the whole Sioux country, having a population of 21,329 Indians, while the similar part of the appropriation now in use (fiscal year 1914) and the estimate for 1915, herewith submitted, are not applicable, as above stated, to the Cheyenne River, Rosebud, and Standing Rock Reservations, which have a combined population of 7,888 Indians. It will be seen, therefore, that while the number of Indians to benefit under the provision of the act \Aas reduced only 36 per cent the amount of money appropriated for the fiscal year 1914 and estimated for 1915 was cut 42 per cent. The difference is even greater in actual practice, for the' Indians retained have scarcely any tribal funds available to supplement the appropriation, while those eliminated from the provisions of the appropriation had conti'ibuted largely to their own support and civilization before their right to participate In the appropriation was taken away. It was necessary to issue to the Indians covered by this bill in the fiscal year ending June 30, 1913, rations and miscellaneous supplies amounting to more than half of the subsistence part of the appropriation now estimated for. Considering the backward condition of these Indians — as shown by the rations necessarily issued ; the road building and bridges necessary to opening their undeveloped country ; the equipment, which ranges all the way- from thrashing machines down to the smallest farming implements; the traveling expenses and numerous items of office equipment which the proper administration of the affairs of over 13,000 Indians makes essential — it will be seen that every cent of the amount asked for can be put to good use. INDIAN APPROPRIATION BILL. 633 The great Sioux N.ition wns divided into six separate diniiiiislied rcscrva- :ions by tlie act ol Mai-cti 2. IS.Sil. Tlie following tabulated statement will show lie different reservations, the area of allotted and unallotted lands, etc.: Icsei-valion. ^ow Creek Cheyenne Kiver Lower Brule — PineEidge Sosebnd Standing Koek. Total Ind'ans al- lotted. i,:;is 3,1.54 777 5,750 7,196 4,418 22,C42 Area allotted. H30, 987 lv7,35r. 2,(i:i2,9HI 1,W3,(WS 1,3.!S,9', 1 0, 387, 998 Area unal- lotted. ■29,266 340,640 62, 169 385,329 72, 342 166,023 1,045,669 A large quantity of surplus land within practically each of the reservations listed has been put on the market from time to time under various acts of Congress. The foregoing table shows simply the area allotted and the area unallotted and undisposed of within diminished reservations. Allotment work on all the reservations is completed except on the Pine Ridge Reservation, S. Dak., where about 1,200 Indians yet remain to receive land. Article 13 of the treaty of April 29, 1868, with the Sioux Indians (l.j Stat. L., 635-640), reads: "The United States hereby agrees to furnish annually to the Indians the physician, teachers, cerpenter. miller, engineer, farmer, and blacksmiths, as herein contemplated, and that such appropriations shall be made from time to time, on the estimates of the Secretary of the Interior, as will be sufficient to employ such persons." Article 8 of the same treaty provides in part as follows : "And it is further stipulated that such persons as commerce farming shall receive instruction from the farmer herein provided for, and whenever more than 100 persons shall enter upon the cultivation of the soil, a second black- smith shall be provided, with such iron, steel, and other material as may be needed." The appropriation in favor of the Sioux above quoted contains an item or $200,000 " for subsistence and civilization of the Sioux other than the Rosebud, Cheyenne River, and Standing Rock Tribes." (Act of Feb. 28, 1877, 19 Stat L., 254). Said act ratifiers the " Black Hills agreement," in the fifth article of which the United States agrees to provide all necessary aid to assist the Indians in the work of civilization and to furnish subsistence and certain specific rations. There appears to be no specific limitation or period of time for which these treaty provisions are to be continued, it being a matter within the discretion of the Congress. Mr. BuEKE. Mr. Meritt, the appropriation for the support of the Sioux has been very materially reduced during the last few years, it having been about $1,000,000 annually a few years ago, by reason of the fact we are supporting the Rosebuds, Cheyenne River, and Standing Rock Tribes out of moneys that have been received from the sale of surplus lands. Have you carefully gone into this matter so that you are convinced it can not be reduced below the amount estimated for, this $200,000? Mr. Meeitt. The Rosebuds, Cheyenne River, and Standing Rock Indians have ample funds in the Treasury available for administra- tion and other purposes and appropriation will not be required by Congress. This matter was taken up when the estimates were being ' prepared, but we came to the conclusion that it would be inadvisable to reduce the item for this next year. Probably it may be reduced a little bit later. . , j^, , . n^ ^r^r. n Mr. BuEKE. There are how many Sioux, altogthcr ; about 20,000 < Mr. Meeitt. Yes, sir. . ,. , Mr. Carter. You say this is a reimbursable appropriation i Mr. Meritt. No, sir ; that is a treaty appropriation. 634 INDIAN APPBOPEIATION BILL. Mr. Caktee. I though I heard you say something about them hav- ing ample funds. Mr. Meeitt. I said the Rosebud, Cheyenne River, and Standing Rock Indians had ample funds of their own. They are branches of the Sioux Tribe. Mr. Carter. Oh, I see it hasn't anything to do with this item. Mr. Burke. Under the treaty of 1877, the Government is obligated to support the members of the Sioux Tribe until they are self-sup- porting. Now, we have an item in the bill for the Northern Cheyen- nes, which we read here a few moments ago. Under the treaty agree- ment of 1889 that agreement provides that we can use the proceeds from the surplus lands for their support and civilization, and so we have been using, for the Rosebuds, Cheyenne River, and Standing Rocks their own money to support them, and have reduced the ap- propriation heretofore made of $1,000,000 down to whit this is. The Chairman. Then," you do not think it would be practicable to reduce that below $307,000 this year ? Mr. Meritt. No, sir. The Chairman. How are they- progressing now toward self-sup- port? Mr. Meeitt. The Sioux Indians are progressing probably as rapidly as any other Indians of the country. Of course, we have in the Sioux country, the same as on the other reservations of the United States, a large number of old Indians who are required to be looked after. The Indians, though, have been allotted very largely their lands, and they are beginning to make use of those lands, and it is only a question of a few years until a large majority of the Sioux Indians will be self-supporting. Mr. Burke. One of the difficulties with the Sioux is the climatic conditions. For three years there has been practically nothing raised in the Sioux country. Mr. Meritt. Yes, they have had severe droughts in that country and the Indians, of course, have felt the effects of it. The Chairman. They are endeavoring to raise stock and to farm, are they? Mr. Meritt. Yes, sir. The next item reads — For support audi maintenance of day and industrial schools among the Sioux Indians, including the erection and repairs of school buildings, $200,000, to be expended under the agreement with said Indians in section 17 of the act of March 2, 1889, which agreement is hereby extended to and including June 30, 1915. We offer for the record the following justification in support of this item: Education, Sioux 'Nation, South Dakota. Fiscal year ending June 30, 1914, amount appropriated $200, 000. 00 Fiscal year ended June 30, 1913 : Unexpended balance from previous years " 60, 960. 80 Amount appropriated 200, 000. 00 260, 960. 80 Amount expended 183, 387. 69 Unexpended balance . 77, 573. 11 This is not a flanal balance, as there are probably outstanding obligations yet to be charged against the appropriation. INDIAN APPROPRIATION BILL. 635 ANALYSIS OF EXPENDITURES. Salaries, wages, etc $05,405.75 Traveling expenses 316. 82 Transportation of supplies 2.25 Telegraph and telephone service 1.28 Printing and advertising 171.12 Miscellaneous material 760. 32 Stationery 205. 13 Fuel 13, 024. 46 Mechanics' supplies > 31. 89 Cleaning and toilet supplies 747.50 Wearing apparel 12, 969. 45 Forage - 3, 486. 58 Provisions 9, 1G7. 40 Equipment 13, 412. 44 Construction and repairs 32, 260. 88 Medical supplies 1, 041. 89 Seed 232. 53 Miscellaneous 90.00 Total 183, 387. 69 This appropriation is to be expended under the agreement with the Sioux Indians in section 17 of the act of March 2, 1889, and is applied to the support and maintenance of 59 day scliools and T boarding schools, the combined schools having an enrollment of more than 2,700 pupils. This fund is augmented by the appropriation made for subsistence and civilization. The valuation of the school plants exceeds $638,000. There are paid from this fund the salaries of 164 persons, amounting to $81,640. The superintendents of the schools using this fund have estimated as follows for 1915 : Boarding school. Day schools. Cheyenne R iver Crow Creek Lower Brule Pine R idge Rosebud (estimated by Indian Office) Standing Roclc (boarding schools, 2).. $18, 700 21,985 21,535 32,620 9,763 45,963 150,656 S8,280 (') m 56, 300 40,700 17,485 121,766 1 No estimate. Total for both boarding schools and day schools, 5272,321. 2 No school. The agreement with the Sioux Nation of Indians contained in the act of March 2, 1899 (25 Stat. L., 888), was accepted by the Sioux Nation and pro- claimed by the President February 10, 1890 (26 Stat. L., 1554). Section 17 of the act of March 2, 189, supra, reads, in part as follows : " That it is hereby enacted that the seventh article of the said treaty of April 29, 1868, securing to said Indians the benefits of education, subject to such modifications as Congress shall deem most effective to secure to said Indians equivalent benefits of such education, shall continue In force for 20 years from and after the time this act shall take effect. * * * " 636 INDIAN APPROPRIATION BILL. Article 7 of the treaty of April 29, 1868 (15 Stat. L., G35-G3T), reads? as follows : " In order to insure tbe civilization of the Indians entering into this treaty, the necessity of education is admitted, especially of such of them as are or may be settled on said agricultural reservations, and they therefore pledge them- selves to compel their children, male and female, between the ages of 6 and 16 years, to attend school ; and it is hereby made the duty of the agent for said Irdi' ns to see that this stipulation is strictly complied with; and the United f'tp.tfs agrees that for every 30 children between said ages who can be induced or compelled to attend school, a house shall be provided and a teacher competent to tench the elementary branches of an English education shall be furnished, who will reside among said Indians and faithfully discharge his or her duties as a teacher. The provisions of this article to continue for not less than 20 years." In the Indian appropriation act of April 4, 1910 (36 Stat. L., 284), the agree-* ment in section 17 of the act of March 2, 1889, supra, was extended to and in- cluding June 30, 1911, and has been similarly extended In each subsequent Indian" appropriation act. This treaty provision has expired by limitation, but the appropriation in question has been continued in the term of a treaty provi- sion. The further continuation of this appropriation is within the discretion of the Congress. The Chairman. We would like to have a justification also for ex- tending this for one year. Is that included in your statement ? Mr. Meeitt. No, sir ; the justification called for reads as follows : In 1889 a treaty was entered into with the Sioux Indians, in which the General Government was under obligation to provide educational facilities for a period of 20 years. The terms of this treaty expired in 1909, and since that time $200,000 has been appropriated annually for the education of these In- dians. While it has in reality become a gratuity, the amount is essential, and should it be eliminated here, it must be added to the general support fund of $1,500,000 which is being requested in these estimates. There are approximrtely 20,000 Indians on the Sioux reservations which have heretofore used this fund, and nearly 2,700 Indian pupils are being furnished school privileges at the 59 day schools and 7 boarding schools, and this amount is scarcely half enough to maintain these schools, this fund being supjilemented by others. There is some advantage in appropriating this fund in this manner, for it can be made quite apparent to the Indians that although the Govern- ment is not now under obligations to continue the appropriations provided for under the treaty of 18S9, it is still, however, continuing the appropriation gra- tuitously that was provided for therein as an obligation. Mr. Burke. The justification for that item is that the treaty of 1877 obligates the Government to provide education for these chil- dren. The treaty of 1889 specifically fixed the amount at $200,000 a year, and Ave have been following that amount on the theory that there are 20,000 Indians, and all this money has been spent in the maintenance and support of reservation schools. Is that not true, Mr. Meritt? Mr. Meri'it. I think that Avithin the last two years the appropri- ation has been used exclusively for reservation schools. Mr. Burke. The schools on the reservation? The Chairman. Do they get any part of the lump-sum appro- priation? Tlje're is quite a large lump-sum appropriation for edu- cation, etc., for these Indians in addition to this $200,000. Do they get any part of this lump-sum appropriation? If so, what part? Mr. Meritt. We will get up a statement of that and place it in the record, showing the exact amount expended at each of these schools. The Chairman. Please insert it at this point. INDIAN APPKOPKIATION BILL. 637 Mr. Meritt. The following tabulated statement is submitted : EXPENDED FROM TRIBAL FUNDS, 1913. Fund. Salaries, wages, etc. Supplies and mis- cellaneous. Mission .schools. Total. Cheyenne River: Cheyenne River Reservation 3 per cent Jund 81,209.28 Interest on Sioux Fund, Cheyenne River (educar tion) $7,831.32 10,865.37 7,831.32 48,396.73 Proceeds, Cheyeime River Reservation 37,531.36 Total 18, 696. 69 38,740.64 57,437.33 Crow Creels: Crow Creek 4 per cent fund . . . 2,273.10 $4,946.87 7 219 97 Interest on Sioux Fund, Crow Creek (education) . . . 2,861.66 2,861.66 Total 2,851.66 2,273.10 4,946.87 10,071.63 Lower Brule: Indian moneys, proceeds of labor 2,580.00 6,669.24 9, 249. 24 557 00 Interest on Sioux Fund, Lower Brule (education),. 557. 00 ■ Total 2,580.00 6,669 24 Pine Ridge: Interest on Sioux fund. Pine Ridge (education) 1 23,690.89 23, 690. 89 iTidiaTi mnnpys, prnnppds nf Iflhnr 1,683.15 1 653 15 Total.. . ... 1.653 15 1 2:^ 690 R9 25 ;?44 04 Rosebud: Proceeds of Rosebud Reservation, act of Mar. 2, 1907 . Interest on Sioux fund. Rosebud (education) Total Santee: Interest on Sioux fund, Santee (education) Standing Rock; Standing Rock Reservation 3 per cent fund Interest on Sioux fund, Standing Rock (education) . Total Grand total . 4, 446. 70 12,993.17 17,439.87 1, 700. 00 17,157.08 11, 295. 00 37, 739. 91 180.06 37,919.97 2S,452.as 43,Xo7.91 71,720.30 131,114.01 2,'<,112.l 7,307.45 70, 299. 30 13,173.23 83,472.53 1,700.00 61.014.99 11,295.00 EXPENDED FROM APPROPRIATIONS BY CONGRESS. Cheyenne River: Support of Sioux — Subsistence and civilization Employees Purchase and transportation Indian supplies • Relieving distress and prevention of diseases, etc . Pay of Indian police.. Pay of judges, Indian courts Industrial work and care of timber. . General expenses, Indian Service Indian school and agency buildings. Education, Sioux Nation Total., Crow Creek: Support of Sioux— Subsist«nce and civilization Employees Purchase and transportation of Indian supplies, . .Pay of Indian police, . Pay of judges, Indian courts Industrial work and care of timber . , General expenses, Indian Service — Education, Sioux Nation,- Indian school and agency buildings . Total, $1,2,51.45 17,374.33 5, 743. 99 336.00 2,681.67 1,059.42 28, 446. 86 1,300.00 10,553.99 166.83 2,320.00 7,155.33 $21,867.60 2, 629. 44 18.90 624.59 123.93 6.20 434. 44 25, 705. 10 15, 725. 84 3,977.51 110.40 23, 164. 81 108. 50 20, 904. 00 35.64 40,861. $23,119.05 17,374.33 2, 629. 44 18.90 6, 368. 58 336.00 2,681.67 123.93 6.20 1,493.86 54,151.96 17,025.84 10, 553. 99 3,977.51 1,779.06 106.83 2,320.00 108. 50 28, 059. 33 35.64 64,026.70 638 INDIAN APPEOPBIATION BILL. EXPENDED FROM APPROPRIATIONS BY CONGRESS— Continued. Fund. Salaries, wages, etc. Mission scliools. Lower Brule: Support ot Sioux- Subsistence and civilization Employees Indian school and agency buildings Pay of Indian police Pay of judges, Indian courts Purchase and transportation, Indian supplies Industrial work and care of timber General expenses, Indian Service , Purchase of stock for Lower Brule Sioux, South Dakota (reimbursable) Buildings and water supply at agencies in South Dakota , Education, Sioux Nation Total.. Pine Ridge: Support of Sioux — Subsistence and civilization Employees Indian school and agency buildings Pay ol Indian police Pay ot judges, Indian courts Pay of interpreters Purchase and transportation, Indian supplies. Industrial work and care of timber General expenses, Indian Service Education, Sioux Nation Total - Rosebud: Support of Sioux — Subsistence and civilization Employees Indian school and agency buildings Pay of Indian police Purchase and transportation, Indian supplies. Industrial work and care of timber General expenses, Indian Service Education, Sioux Nation Total. Santee: Support of Siou-x— Subsistence and civilization Employees Indian school and a^.,^cncy buildings Fay of Indian polico . . . ! Purchase and transportation, Indian supplies. . . General expenses, Indian Service Industrial work and care of timber Relieving distress and prevention of disease, etc. Total. Standing Rock: Support of Sioux- Subsistence and civilization Employees ■ Indian school and agency buildings Pay of Indian police Pay of judges, Indian courts Purchase and transportation, Indian supplies . . . Industrial work and care of timber Relieving distress and prevention of disease, etc. General expenses, Indian Service Education, Sioux Nation Total Grand total. $1,072.75 8, 040. 51 Stl4,264.14 1,077.50 84.00 70S. 58 68.58 8,141.62 1, 268. 64 'ioi'es ;, 242. 00 399. 10 1,044.25 31, 086. 94 8, 685. 84 22,022.90 10, 417. 31 480. 00 70.27 1, 403. 03 1,004.07 8, 419. 50 '48,'665."98 4,568.17 10.95 241. 05 35,333.80 1, 701. 80 160, 662. 69 15, 607. 83 73, 199. 59 8, 746. 66 ""6,' 367 .83' 'so,' .503.' so' 1,849.20 1,074.61 6, 644. 73 10.95 93.40 7, 139. 16 61,225.82 90,011.64 4,825.11 3, 086. 85 180. 00 '2,'62i."e7 08.87 19.29 14.84 161. 45 80.00 366. 76 7, 0':r,. 78 3,787.05 6,781.60 If., 996. 34 24, 406. 82 7,303.32 262. 00 1,144.72 681. 22 35.75 63. 83 15, 066. 29 34,7K.76 273, 473. 78 The Chairman. "What is the next item ? INDIAN APPEOPKIATION BILL. 639 Mr. Meritt. The next item reads— For subsistence and civilization of tlie Yauliton Sioux, South Dakdtii, induci- ng pay of employees, $14,000. We oifer the following justification for the record : SKpiiiirt of SioHx, Tdiilton Tribe. South Dakota. Fiscal year ending June 30, 1914, amount appropriated f;;i4, 000. 00 Fiscal year ended June 30, 1913 : Amount appropriated 14, 000. 00 Amount expended 13, 379. 66 Unexpended balance 620. 34 ANALYSIS OF EXPENDITURES. Salaries, wages, etc ' '■>. 285. 77 Traveling expenses 244. 48 Printing , 17. 27 Telegraph and telephone service 32.72 Miscellaneous material .360. 04 Fuel 232. 00 Mechanics' supplies 2. 36 Cleaning and toilet supplies 9.36 Wearing apparel 120. 51 Forage 451. 30 Provisions s38. 83 Equipment 1. 516. 87 Medical supplies ^ 2(lS. 15 13.379.66 No increase is asked in the estimates submitted for the fiscal yc.ir einling 1915 over the appropriation made by Congress for the fiscal year 1914. although one additional charge has been added to the fund, to wit, that of allowing employees fuel for heating purposes and lights. A great part of the work at the Yankton Agency consists in leasing the lands of Indians, appraising the same when offered for sale, probating deceased allottees' estates, encouraging the Indians in the various pursuits of industry, and the general incidentals connected with the administration of the affairs of 1.700 Indians. In addition to the regular agency force, two farmers are locati-d at ad- vantageous points among the Yankton Indians and, besides their other duties, act as subagents. This saves a great deal of traveling expense, for by fur- nishing them with horses and buggies the travel they make over the reserva- tion is placed upon a basis of cost. The equipment, of course, is mit charged to the traveling expenses. The item of rations issued to the Indians can not be a fixed charge, as issues are made, ordinarily, only in cases of real necessity, principally to the aged and sick, and a drought which destroys crops and pasture would increase the amount considerably. The cost of rations issued in the fiscal ye.ir ending June 30, 1913, was $951. The small balance returned to the Treasury at the end of the fiscal year 1913 would have been entirely exhausted if there had been authority of law, as there now is, to pay for the fuel and lights allowed employees. As the necessities of the service will be as much, at least, as those for the year ending June 30, 1913, the amount estimated for will be no more than sufficient. Eeservation created by treaty. Two hundred and sixty-eight thousand two hundred and sixty-three acres have been allotted. The surplus lands, other than a limited number of acres reserved for administrative purposes, were opened to settlement and entry by proclamation of May 16, 1895. There is no unallotted and undisposed of land available for Indian use at this time. Mr. MEPaTT. The list of employees for this agency is submitted here. 640 INDIAN APPEOPKIATION BILL. Position. Rate of pay. Total. , Payable from — White; 1 clerk . .«1,200 ■ 1,000 900 900 720 1,000 720 900 720 000 300 400 720 p.m. 20 .?1,200 1,000 900 900 720 1,000 720 900 720 Support of Sioux, Yankton Tribe, 1 financial clerk ... . South Dakota, 1914. nc. Do. 1 assistant clerk Do. Do Do. Do. 1 carpenter Do. Do. 1 general mechanic Do. 8,000 600 300 400 Do. 1 teamster Do. 1 stableman . Do. Miscellaneous: 1,300 720 720 3 privates Pay of Indian police, 1914. This is the same amount that was appropriated last year, and we have added the language " including pay of employees " in order to make these support items uniform. * Mr. Burke. What is the next item ? Mr. Meritt. The next item reads : For the equipmeut nnd mamtenance of the asylum for Insane Indians at Can- ton, Sout.ii Dakota, for incidental and all other expenses necessary for its proper conduct and management, Including pay of employees, repairs, improvements, and for necessary expenses of transporting insane Indians to and from said asylum, $40,000. In support of this item we submit the following justification: Asylum for insane Indians, Canton, S. Dale. Fiscal year ending June 30, 1914, amount appropriated $30,000.00 Fiscal year ending June 30, 1913 : Amount appropriated 30, 000. 00 Amount expended 28, 549. 03 Unexpended balance 7, 450. 97 ANALYSIS OF EXPENDITURES. Salaries, wages, etc L $11,213.74 Traveling expenses . 642. 82 Transportation of supplies 294.86 Telegraph and telephone service 36.32 Heat, light, and power service 1 474,64 Stationery 2.19 Fuel 1, 310. 10 Mechanics' supplies 8. 88 Cleaning and toilet supplies 203.92 Wearing apparel 1, 248. 67 Forage 5. 46 Provisions 3, 798. 67 Equipment i 1, 415. 38 Construction and repairs 1,011.24 Medical .supplies 262. 20 Miscellaneous 619.94 Total 22, 549. 03 Also, $1 ."5.000 in 1913 for buildings, $6,07 of which was used. INDIAN APPROPEIATION BILL. 641 An Increase in the appropriation for Canton Asylum, from $30,000 to $40,000, is asljecl on account of tlif Increased capacity of tl\e institnti'iii, whicli will be effected by tbe completion of tlie new hospital building now in the course of construction. The capacity of the new -hospital building will be 27, which, added to the present capacity, 53, gives the total capacity of SO patients. While the addi- tional number of patients which may be accommodated is equal to one-half of the present capacity only a third of the amount of the 1914 appropriation is asked in addition to the amount allowed for that year. Tbe expenditures for 1915 will follow the same line as those given in tlie analysis of the 1913 expenditures. The increase in capacity at the Canton Asylum is urgently needed. There are on the various reservations and in State institutions more than 100 insane Indians, who should be properly cared for at Canton. In several of the States it has been a difficult problem to decide as to the care of the reservation In- dians. Some of the States absolutely refuse to receive Indians into their State institutions. The cost per patient in' State institutions is about equal to that of Canton asylum, and an increase in the capacity sliould materially diminish the cost for patients at this institution. AVith a minimum addition to the present force of employees it will be possible to treat a larger proportion of patients. The present patients are all, without exception, chronic cases, without any hope of cure and will be confined until they die. While the outlook for these cases is hopeless yet, it is absolutely necessary that such an institution as Canton be maintained to care for the insane among the Indian wards of the Government. ASYLUM FOB INSANE INDIANS, CANTON, S. DAK. Ko Indian reservation at this point; the buildings being located on the Gov- ernment land to provide a place for caring for insane Indians of various tribes. Subcommittee or the Combiittee on Indian Affairs, House of Representatives, Monday, December 15, 1913. The subcommittee met at 10 o'clock a. m., Hon. John H. Stephens (chairman) presiding. STATEMENTS OF ME.. E. B. MERITT, ASSISTANT COMMISSIONER, AND DR. JOSEPH A. MURPHY, OF THE HEALTH DEPARTMENT, BUREAU OF INDIAN AFFAIRS— Continued. Mr. Burke. I suggest, Mr. Chairman, that you go back to the item relating to the asylum for insane Indians at Canton. S. Dak. The Chairman. How many insane Indians are now in that asylum at Canton, S. Dak.? Mr. Meritt. We have a capacity of 53 in that asylum, and it is full to its capacity. The Chairman'. There are 53 inmates there now ? Mr. Meritt. Yes, sir; and the new hospital building which was authorized in the last Indian appropriation act will provide for 27 additional. The Chairman. Has that addition been completed? Mr. Meritt. It is now in course of construction and soon will be completed. The Chairman. Are these new buildings separate frorn the build- ings in which you now have accommodations for 53 patients? Are the new buildings separate from the original buildings at this point ? 24455—14 41 642 INDIAN APPEOPEIATION BILL. Mr. Meeitt. They are separate buildings, as I understand it. The CiiAiEJiAN. And the one authorized, and whicli has a cap'acity for 27 patients, is the new building-? Mr. Meeitt. Yes, sir. The Chaiejiax. If this appropriation of $40,00 is made, how many more patients will you be able to take care of ^ Mr. ]\[eeitt. We do not expect to construct any new buildings out of this appropriation. The C'riAiE^M.^x. How manv more patients will you be able to care, for? Mr. jNlERT-rr. ^^\' will be able to care for the 27 additional patients. The Chaieman. Making a total of 180 patients ? • Mr. Meeitt. Xo, sir ; for 80 patients. There are 53 patients in the original asylum, and there will be 27 in addition in the new building. This appropriation this year simply provides for the care of 80 insane Indians. The Chaieman. How manj^ patients did you say you have now? Mr. MEEiri\ "We have 53 patients at this time. The Chaieman. What is the cost of their maintenance, outside of the cost of the building? Mr. Meeitt. Dr. Murphy, do, you know the approximate cost of maintenance, per patient? Dr. MuEPHY. It is $403 per patient. Mr. BuEKE. You have hoAv many now ? Mr. Meri'it. We have 53 now, and this will provide for 27 addi- tional. The Chairman. That will make a totai of 80. Now, if you can tell us what the 53 are costing, we can find out what the 80 will cost. Mr. Meeitt. The average is over $403 per patient per annum. The Chaieman. Have you any figures to show what the cost is in State asylums? Dr. MuEPHY. I think we have some records in the office containing that information, but I have not brought them with me this morning. The Chaieman. Will you furnish that for the record ? Dr. MuEPHY. Yes, sir. -Dr. White, superintendent of the Govern- ment Hospital for the Insane, District of Columbia, states that in the District of Columbia the nominal cost per patient is $220, but that the actual cost is about $235. The average cost at State institutions is about the same as this, depending somewhat on the climate and the number of patients treated. The Chaieman. Should there be that much difference in the co.st of maintaining an asylum here and there? The difference would be about $168 per patient, I believe. Do you think there should be that much difference? Mr. Meeitt. There will not be that much difference when this new hospital is in operation. You see, we have had a small plant there heretofore, and because of that fact and the limited number of patients the cost has been excessive. The Chaieman. Then, if it should work out in the way it usually does, the more patients you have the less the cost per patient will be? Mr. Meeitt. Yes, sir. The Chairman. Because you are obliged to provide the same num- ber of physicians, nurses, etc. Mr. Meeiti\ Yes, sir ; practically so. INDIAN APPROPEIATIOJSr BILL. 643 The Chairmax. And the more patients ymi linve in the institution the less the cost per patient will be ? j\Ir. Meei'it. Yes, sir. Mr. Carter. Hoav many Indians Avill be convenient to this hospital 'I Mr. ]\lEEnr. We have Indians there, practically, i'rom all over the United States. Mr. Carter. I notice you call this institution an asylum; is it simply an asylum for the insane and not a hospital at all? Mr. ^Ieeitt. It is in the nature of an asylum or hospital for in- sane Indians. Mr. Carter. How many insane asylums have you in the Indian Service ? jMr. MERiTr. This is the only one we have in the service. ^Ir. Blrke. In the appropriation bill approved August 24, 1912, an item. of $16,000 was provided for a new building for this insti- tution. j\Ir. Meruit. Yes, sir. Mr. BvRKE. That was estimated for and asked for? ilr. Meritt'. Yes, sir. Mr. BcRKE. And that building, as I understand it, is nearing'^ completion ? Mr. Meriit. Yes, sir. Mr. BtJRKE. And it is the intention to send a number of Indians there other than those now present — that is, to increase the number of inmates '( Mr. Meri'it. Yes, sir. Mr. Burke. And the additional appropriation of $10,000 is re- ([uested in order to take care of that additional nunil)er of inmates. Mr. Meriti'. That is the intention. ilr. Burke. I notice in the analysis which you submit that there was an unexpended balance of the $30,000 appropriated for the fiscal year ending June 30, 1913, of $7.4.50.97; how do you explain that? Mr. jMeritt. The unexpended balances in the justifications do not always give the exact amount for this reason: These figures were taken as of the close of the fiscal year, but there are certain bills that come in after the close of the fiscal year which are chargeable against this appropriation, and there will undoubtedly be a smaller unexpended balance. ilr. Burke. When you report the state of an appropriation for (he year, do you not charge up all amounts that have been hypothe- cated or that are chargeable against that fund? Mr. Meritt. We are unable to furnish those figures. Mr. Burke. How long is an appropriation available after the 1st of July to pay bills that may come in ? Mr. Meritt. Any indebtedness incurred during the fiscal year may be settled during the following year against that appropriation. Mr. Burke. Is it your opinion that it is desirable to have hospitals exclusively for Indians rather than to have them in other hoH]ntals? Is there any reason why they should be segregated? You state in your justification that some of the State hospitals refuse to take them, and I presume there must be some reason for that. 644 INDIAN APPKOPEIATION BILL. Mr. Meeitt. I think it is desirable to have a separate hospital for insane Indians for the reason that Indians placed in State hospitals do not always receive the same treatment that the white patients in these institutions receive. We have employees in this asylum or hospital who have devoted years of work among the Indians, and they are familiar with their wants and needs. > Mr. BuEKE. Are you quite sure that if this additional appropria- tion is provided, you will care for 27 additional patients ? Mr. Meeitt. There would be no question about that, because we are now called upon frequently to care for insane Indians, and we have not the capacity to provide for them in our asylum. Mr. Blteke. What are you doing for the insane Indians for whom you have no accommodations now? Mr. Meeitt. If the State institutions will not take them without cost, we provide for them in the State institutions and pay the expense out of the appropriation for the relief of distress among Indians. Mr. Btjeke. Are insane Indians in Oklahoma now sent to the asylum at Canton? Mr. Meeitt. We have some insane Indians from Oklahoma in the Oanton asylum. Mr. Carter. What States have refused 'to take insane Indians in rtheir institutions? Mr. Meritt. Certain States have refused to take Indians unless they received compensation. Mr. Caetee. I understand that, but which ones ? Mr. Meeitt. I would not like to name them without being abso- lutely accurate. Probably Dr. Murphy can tell. Dr. Murphy. The office lecords show that State insane institutions in Kansas, Minnesota, and North and South Dakota (files No. 54815-12, No. 260-11, No. 77725-12, and No. 78644-11) have not been able to accept Indian patients on account of crowded conditions or for other reasons. Certain other States have accepted insane Indian patients on the payment for their support by the Government. Mr. Meeitt. We will prepare for you a statement of the insane Indians in the asylum, the States from which they come, and will also furnish the additional information you desire. The statement is as follows : There are 53 insane patients at Canton. These came from the following places : Standing Rock, N. Dak. Western Navajo, Ariz. Kickapoo, Horton, Kans. Polawatomi, Kans. Cheyenne Agency, S. Dak. White Earth, Minn. Santee, Nebr. Rosebud, S. Dak. Pine Ridge, S. Dak. Union Agency, Okla. Green Bay. Wis. Winnebago, Nebr. Moqui School, Ariz. Leech Lake, Minn. Shawnee, Okla. White Earth, Minn. Pima, Ariz. Seneca School, Okla. Sac and Fox, Okla. White Earth, Minn. Moqui School, Ariz. Port Berthold, N. Dak. Santee, Nebr. Potawatomi. Kans. Shoshone, Wyo. La Pointe, Wis. White Earth, Minn. Southern Ute, Colo. Osage, Okla. Southern Ute, Colo. Sisseton, S. Dak. Southern Ute, Colo. Rosebud, S. Dak. Laguna, N. Mex. INDIAN APPROPRIATION BILL. 645 Union Agency, Okla. Alenomiuee. Wis Union Agency, Olda. AEoqiil Scliool, Ariz Blaclcfeet, Mont. Seneca School, Oldn. Shoshone. Wyo. Leech Lnke. Minn. Kiowa, Olila. Walker River. Nev Turtle Mt, N. Dak. Leech Lake, Mimi. Union Agency, Okla. Union Agency, Okla. Albuquerque, N. Mex. Fort Berthold, N. Dak. Potawatomi, Kans. Kiowa, Okla. San Carlos, Ariz. Red Lake, Minn. Rapid City, S. Dak. .Mr. BuEKE. What is the next item ? Mr. Meeitt. The next item reads — For constructing, equipping, and maintaining a hospital on the Pine Ridge Reservation for the use and benefit of the Pine Ridge and such other In- dians as the Commissioner of Indian .Affairs may designiite, .$25,000. In support of that item we offer the following justification : For constructing, equipping, and maintaining a hospital on the Pine Ridge Reservation for the use and benefit of the Pine Ridge and such other Indians as the Commissioner of Indian Affairs may designate, $25,000. The following are the vital statistics and statistics of the prevalence of dis- eases on the Pine Ridge Reservation for the fiscal year 1913: Population 6,940 Births : During year 292 Per thousand 42 Deaths : During year 210 Rate per thousand 31 Of Indians under 3 years 86 Due to tuberculosis during year 44 Rate per thousand due to tuberculosis 6 Housing : Number of permanent houses 2,498 Number of families living in tents or tepees 13 Number of families living in houses with floors 549 Hospital facilities '. None. These statistics shtjw the urgent need for a proper itlacp where Indians suffer- ing from communicable diseases may be e;ired for. As may be seen, there are known to be 793 cases of tuberculosis on the reservation, and it is estimated that the total number of Indians suffering from tuberculosis is ].2."i0. There were during the year 44 deaths known to have occurred from tuberculosis, and yet there was no place where these Indians could receive proper treatment. The death rate per 3.000 on the Pine Ridge Reservation is 6. Comparing this with the death r.-ite among other races, it is found that the death rate among whites is 1.73 and among negroes 4.85. In other words, the death rate from tuberculosis on the Pine Ridge Reservation is three and one-half times as great as that among whites in the registration area of the United States, and yet there is no place where these may receive proper treatment. While the climate at Pine Ridge is cold during the winters, the atmo.sphere is dry and well suited for the treatment of tuberculosis cases, and in case a hospital is established here it will not only help to prevent the spread of tuber- culosis from advanced, open cases of the disease, but will also lie available for the treatment of incipient cases, with a good prospect for the .-irrest or cure of the disease. This reservation was created liv treaty. Fi\e thousand seven hundred and fifty Indians have been allotted 2.032,980 acres. About 1.200 Indians unallotted, with about 385,000 acres of remaining tribal land available for allolment. About 169.592 acres were opened bv pi'oclimiatiou of .Tune 29, ]911. under authority found in the act of May 27. 1910 (30 Stat. L,, 440), Mr. BuEKE. In addition to that you have read, have ,you anything further to say in justification of this item? 646 IKDIAX APPHOPKIATION BILI.. Mr. jNIeritt. Nothing, except that the Pine Ridge Indians have certain resources, and if the committee deems it advisable this item could he made a reimbursable one instead of a gratuity. Mr. BritKE. The Pine Eidge Indians have not very much in re- sources as a tribe outside of the interest in the $3,000,000 trust fund. The lands of that reservation are practically all allotted, and while there are surplus lands in Bennett County the i^art of the reservation that is to be disposed of, they are of very little value, and I think possibly that that is one of the Sioux tribes that we Avill have to con- tinue to care for under the provisions of the treaty of 1877 until such time as they are self-supporting. Mr. Mkritt. We thought this item might well be a gratuity. Mr. Burke. You have in the statement of the finances of this tribe this item : '' Pine Eidge Reservation, 3 per cent fund. $97,365.28." Do you know the source from which that money was derived? Mr. Meritt. From surplus lands, I think. Mr. Burke. The State of South' Dakota paid $2.50 an acre for school sections. It may be that we will be justified, out of that fund, to provide this hospital, if it is necessary, but I would not be in favor of using any part of this $3,000,000 fund for any purpose except what is contemplated by the agreement. Mr. Burke. Di-. Jlurphy, I want to ask you one or two questions with relation to trachoma and tuberculosis. To what extent, if Sinj, has the existence of these diseases among the Indians operated as a menace to the white communities in the vicinity of ^Adlere these Indians are located? Dr. i\Ii rphy. I think that up to within a comparatively recent time the Indians have been segregated to such an extent on reserva- tions as to present any rapid spread of either tuberculosis or tra- choma from the Indians to white communities, but Avith the opening up of the reservations and the placing of Indian children in public schools, we are introducing into the public schools a class of pupils who cai'ry with them about 20 per cent of trachoma, so that there is verjr likely to follow the extension of very dangerous contagious dis- eases to white communities. I will say that it is my understanding that the State of South Dakota and the State of Minnesota have both passed health regulations prohibiting the attendance in the public schools of Indian children suffering from active trachoma, in order to prevent the spi'ead of the disease to the surrounding commimities. Mr. Burke. There is no legislation that would necessarily dis- criminate in that respect. An}^ person afflicted with that disease would be excluded, I presume. Dr. Murphy. Yes, sir. Mr. Bt rke. Do you confer with and come in contact somewhat with the boards of health' of all the different States ; and if so, to what extent ? Dr. Murphy. To some extent. I have conferred Avith the health officer of South Dakota, for instance, in this matter I haA'e referred to. I have consulted Avith him in regard to the opposition to Indian children attending the public schools. Mr. BxiRicE. Trachoma appears to be confined almost exclusively in the Indian country to Indians, does it not ? White children do not seem to be so susceptible to it. INDIAN APPEOPEIATION BILL. 647 Dr. Murphy. They would be susceptible to it, I believe, if they were given the opportunity for intimate contact with the Indians. Still, we have not had a great deal of spread of trachoma to white employees in the Indian schools, but that is largely on account of the fact that we have carried out certain sanitary measures of cleanli- ness and prevented its spread. As I said, trachoma is contagious, but it requires a certain amount of intimate contact in order to spread the disease. Mr. BxjKKE. You ha^•e a great many cases which are referred to as being affected with trachoma but which are, in reality, not tra- choma — is not that the fact ? Is it not true that many eye diseases among the Indians that are referred to as trachoma are not trachoma, but something of a much milder type ? Dr. Murphy. We have a large number of eye diseases besides tra- choma £o combat among the Indians, especially corneal ulcer and various forms of conjunctivitis. Corneal ulcer is a very serious con- dition, and a large nvimber of Indians suffer from it. It is not con- tagious, however, to the same extent that trachoma is. In stating that 20 per cent were afflicted with trachoma, I did not include in that 20 per cent other eye diseases. Mr. Burke. I believe that is all. (Thereupon, at 12 o'clock noon, the subcommittee adjourned until Monday, December 15, 1913, at 10 o'clock a. m.) Mr. Carter. What is the next item? Mr. Meritt. The next item reads : That the Secretary of the Treasiu-j' be. and he Is hereby, aiitliorized to pay. without further appropriation, upon the usual certification by the Commissioner of Indian Affairs and the Auditor for the Interior Department, any due and unpaid shares of Indians in per capita payments, which are now, or liereafter may become, unavailable bv reason of the funds havinp: been covered into the surplus fund under section 5 of the act of June 20. 1S74 (IS Stat. L. p. 110)-; and he shall issue appropriation warrants from time to time covering the items so paid. We offer the folloAving justification for the record: For a number of years the proceeds of the sale of beef hides from cattle purchased for subsistence of the Indians of the various Sioux agencies have been distributed per capita to the Indians of the respective agencies, usually in connection with the iier capita distribution of other funds. In most instances the appropriation involved has been that for " Support of Sioux of different tribes, subsistence and civilization." The unpaid shares in theso jier capita payments are returned to the Treasury .-uid carried back to the appropriations from which drawn. At the expiration of three years from the time these appro- priations become available, the unexpended balances are covered into the surplus fund under section 5 of the act of .Tune 20, 1S74, (18 Stat. L.. 110.) Thereafter, when claim is made for an unpaid per caiiita share of the class referred to that part of the share payable from the lapsed appropriation must be certified to r'ongi-ess for a deficiency appropriation; the Treasury Department must draw two warrants instead of one for each such claim; the Indian receives one warrant for part of his claim, and has to wait indefinitely for the insignificant amount certified to Congress. While the amount for Avhicli the Indians are thus required to wait is usually very small (loss than $1, «V-L°",f\n f,,l.T cents) and works no particular hardship upon them, it is difficult foi tliem to for payment, and the duplication of entries made necessary l.eicl)^..ppe,u to be unnecessary for the proper safeguard of the Treasury; m fact, the (ost of the proceedings, must be far in excess of the amounts l]^J"^'"'\.^^ ,,. ^ The enactment of the proposed item woul.l obviate all these difficulties. 648 INDIAN APPROPRIATION BILL. The Chairman. What is the next item ? Mr. Meeitt. The next item reads: Sec. 22. For support and civilization of Confederated Bands of Utes: For pay of 2 carpenters, 2 millers, 2 farmers, and 2 blacksmiths (art. 15, treaty of Mar. 2, 1868), ,$6,720; for pay of 2 teachers (same article and treaty), $1,800; for purchase of iron and steel and the necessary tools for blacksmith shop (art. 9, same treaty), $220; for annual amount for the purchase of beef, mutton, wheat, flour, beans, and potatoes, or other necessary articles of food and clothing (art. 12, same treaty), $30,000; for pnv of employees at the several TJte agencies, $15,000; in all, $53,740. We offer the following justification in support of this item: Support of Coiifcdrnitecl Bands of L'fcs, subsistence, Utah. ' Fiscal year ending June 30, 1914, amount appropriated $30, 000.00 Fiscal year ended June 30, 1913 : Amount appropriated , 30, 000. 00 Amount expended 23, 409. 88 Unexpended balance 6, 590. 12 ANALYSIS OF EXPENDITVEES. Provisions $23, 409. 88 Article 15 of the treaty of March 2, 1868 (15 Stats., 619), with the Ute Indians reads : " The United States liereby agree to furnish the Indians the teachers, car- penters, millers, farmers, and blacksmiths as herein contemplated, and that such appropriations shall be made from time to time on the estimate of the Secre- tary of the Interior as will be sufficient to employ such persons." Based thereon, the estimate of $8,520 is submitted. Article 9 reads ; " * * * And it is further stipulated that an additional blacksmith to the one provided for in the treaty of October 7. 1863, i-eferred to in article 1 of this treaty, shall be provided with such iron, steel, and other materials as may be needed for the T'intah, Yampa, and Grand Elver Agency." To cover this item an estimate of $220 is submitted. Article 12 reads: , "That an additional sum sufficient, in the discretion of Congress (but not to e-xceed $30,000 per annum), to supply the wants of the said Indians for food shall be annually expended under the direction of the Secretary of the Interior in supplying said Indians with beef, mutton, wheat, flour, beans, and potatoes until such time as said Indians shall be found capable of sustaining themselves." There are about 2,100 Ute Indians under the .lurisdiction of the superintend- ents of Southern Ute and X.-ivajo Springs Agencies in Colorado and the Uintah and Ouray Agency in T'tah. There are approximately 500 children eligible for attendance at the Government schools, of which number about 130 are in at- tendance at ,1 boarding scliuol, and therefore subsisted during at least nine months of the year, and the i:! in day schools who receive meals during a por- tion of the time. The subsistence of these pupils is taken entirely from the amount allowed under the provisions of this article. There are aboiit 400 able- bodied Indians under the .lurisdiction of these superintendents who receive rations and subsistence and about 7.50 adult and minor Indians mentally or physically disabled to whom rations have been allowed. The value of the rations allowed these Indians is placed at about .$21,000, leaving a balance to provide for the <-hildreu in the schools and anv other cases which mav arise. Pay of employees. $15,000. Over one-half of the Ute Indians have been allotted lands, trust patents hav- ing been issued therefor. The supervision of the affairs of these Indians, espe- cially In connection with the le;ising of their lands, requires a lar.ge amount of clerical work, and to do this and also to look after the welfare of the others, handle individual funds, and to generally maintain the office requires a large amount of clerical assistance, for which this amount is necessary. One thousand three hundred and sixty-seven Ute Indians in tftah have been allotted 111,947 acres, and there remain 249,.340 acres of land reserved for timber INDIAN APPROPRIATION BILL. 649 and grazing purposes for use of the Indinns in conimou. There is no authority under existing law for the disposal of any of these lands either by allotmou't or opening to homestead entry. Xo unnllotteci Indians except those born since the closing of the prior allotment work in the field. The Chairman. I see you have stricken out the words " in Utah." What is the reason for that ? Mr. Meritt. That was done because certain of these Utes are now Uving in Colora,do. The Chairman. Have they been allotted lands in Colorado? Mr. Meritt. Yes, sir. The Chairman. I see you have struck out— or rather added— in line 21, the words " and clothing." Was that necessary in order to furnish them clothing ? Would not the language be sufficient without them? Mr. Meritt. We thought we would make it absolutely clear on that point by adding those two words. The Chairman. What is the next item ? Mr. Meritt. The next item reads — For the support and civilization of the detached Indians in Utah, and for pay of employees, $15,000. That is an increase of $5,000 over the amount we asked for last year, and we offer for the record the following justification : Support of Indians in Utah. Fiscal year ending June 30. 1914, amount appropriated $10,000. 00 Fiscal year ended June 30, 1913 : ' Amount appropriated 10, 000. OO Amount expended 6, 433. 50 Unexpended balance ' 3, 566. 50 ANALYSIS OF EXPENDITURES. Salaries, wages, etc $4,504.30 Traveling expenses : 1, 544. 95 Equipment 84. 00 Construction and repairs 300. 00 Miscellaneous • 25 Total 6, 433. 50 It is estimated that there are about 1,200 Indinns scattered throughout the State not under the jurisdiction of an agent. In order to provide for them a special agent, together with other employees, is employed. This legislation had its origin in an appropriation for the relief of distress among the Indians of Skull Valley and Deep Creek. It is estimated that these bands comprise about 500 Indinns, and while $10,000 was appropriated for their relief during the fiscal years 1912, 1913, and 1914 there is yet much to be done in order to place them in a position where further support -is unnecessary. These Indians have lands with valuable water rights, which it is necessary to protect and use. The Indians are widely scattered and each baud presents different problems. They are able to raise some produce, which has been necessary in each instance, together with such funds as they could acquire from daily labor for the white settlers to maintain themselves during the year. They have been provided with agricultural implements, wire, and other articles necessary to successfully till the land, and the funds are used largely for the purpose of pro- viding these needs. Rations are not Issued. 'Appropriation for 1913, styled " EeliSf of Indians in Utah." ''Since the analysis of expenditures was made claims to the amount of $3,169.93 have been settled, leaving a balance of $396.57. 650 INDIAN APPROPRIATION BILL. The time for fictivity iiiuoug these IncTiauw is short aiut ihe distiiiice is so a;reat that it has not been possible to cover the field rapidly enough to keep apace with the needs which should have immediate attention and to bring sufficient land under cultivation to make beneficial use of all their water rights. There- fore, in order to hasten the time when these Indians will be self-supporting under all circumstances it is necessary that additional funds be provided to employ a larger force to assist the Indians in their labors, and to purchase implements and other articles to be used after their lauds have been prepared for working. These Indians are anxious to advance and responsive to sug- gestions for their improvement and betterment; are good workers and appre- ciative of what is being done to aid them, so that it is believed that Federal support is only temporary. Mr. Mekitt. The list ol employees for this jurisdiction is sub- mitted here. * Positians under Lorenzo D. Creel, special Indian agent. Position. Eate of pay. Total. Payable from. Miscellaneous: $840 300 300 $1,680 300 Support of Indians in Utah, 1914. 1 female industrial teacher 1,980 600 2,580 2.000 900 Do. cWk ;: ; " The Chairman. Does this contemplate increasing the salaries of present employees or the putting on of additional employees? Mr. Meeitt. No, sir; we are adding a few employees, but I will state that if we can get that $100,000 general revolving appropriation heretofore requested we will' be content with the same appropriation that we had last year. The next item reads : For pay of one physician tor Indians under the superintendent of the Shiv- Witz School, Utah, $500. We offer the following justification in support of this item : Pdil of ;)//;/.<.•/(•/((;!, SJiinoit- Hcliool, Utah. Fiscal ye;ir ending June 30. 1914. amount appropriated $500.00 Fiscal year ended June 30. 1913: Amount appropriated 500. 00 Amount expended 499. 99 Unexpended balance . 01 ANALYSIS OK EXrENDlTTTUES. Salaries, wages, etc 499.99 The Shivwits xVgency has a population of 126 Indians, maintains a day school with an average attendance of 17 pupils, and the $500 requested is for the employment of a physician who will render medical attention to the Indians and employees of this agency. The Chairman. The same amounl? INDIAN APPEOPEIATION BILL. 651 Mr. Meritt. Yes, sir. The CiiAiEiiAN. To be used for the same pni-]K)se^ Mr. Meriti-. Yes, sir ; to be used for the same purpose. Mr. Burke. A contract physician? Mr. Meritt. Yes, sir; a contract physician. The Chairman. H()^Y many Indians are there tliere? Mr. Meritt. There are 126 Indians. The CuAiRjrAN. What Indians^ What tribe? Mr. Meritt. They are known as the Shiv\vits Indians in Utah. AVe have a representative to look after those Indians as well as other Indians in Utah. The Chair :\r AN. Hoav long have they been under the care of this Government ? Mr. Meritt. They have been under the general care of the Gov- ernment for a number of yeais. The Chairman. Would it not be possible to have a physician there as agent at the same time, just as Ave have at some other agencies? Mr. MEErrr. That would increase the expense at this place. Mr. Chairman. This is a contract physician. The Chairman. Oh, this is a contract physician ? Mr. Meritt\ Yes, sir; a contract physician. The amount is $500, If we had a regular physician there we would probably have to pay in the neighborhood of $1,200. The Chairman. And this man is authorized to do outside practice? Mr. Meriti'. Yes, sir. The Chairman. Does he live on the reservation among the In- dians ? Mr. Meritt. He lives in the immediate vicinity ; yes, sir. The Chairman. That is the amount that was paid last year ^ Mr. Meeitt. Yes, sir. The Chairman. What kind of a man have j'ou there 'i Mr. Meeitt. Dr. Murphy, do you know him personally ? Dr. MuEPHY. His name is Dr. F. J. Woodbury, who has a private practice there. His efficiency record shows that he is an excellent physician. The Chairman. How far away from this school does he go ? Dr. Murphy. I couldn't tell you exactly the distance. The super- intendent reports that he answers all calls and visits all the ill In- dians on the reservation. The Chairman. I mean how far does he live from the school? Dr. Murphy. Fifteen miles. The Chairman. What is the name of tlie town in which he lives? Dr. Murphy. I will look it iqj. The Chaieman. You haven't his post office? Dr. Murphy. I have looked it up, and I find that he lives at St. George, Utah. Mr. Caeitie. What other employees have you at this Shivwits school, Mr. Meritt ? Mr. Meritt. We have one day school there — a small day school. Mr. Caetee. And a teacher? Mr. Meeitt. Yes, sir. Mr. Caeier. And no other employees except the teacher? 652 INDIAN APPEOPRIATION BILL. Mr. Mbritt. The following shows the school and agency employe* List of positions under the Shivwits superintendenoy. Position. Salary. Payable from— $1,000 690 .500 600 84 240 Indian schools, support, 1914. Do Agency positions: Physician Pay of employees, Bhivwits Agency, Utah, IS Judge Pay of judges, Indian courts, 1914. Pay of Indian police, 1914. Private, 320 per month . luefloct Doc. 15, 1913. ^Ir. C.VRTER. Where does the superintendent of the Shivwits Indii Agency live? Mr. Meritt. At Santa Clara, Utah. The Chairman. What is the next item? Mr. Meeitt. The next item reads — That the Secretary of the Interior Is hereby authorized to withdraw from t Treasury of the United States, at his discretion, the sum of $1,000,000, or much thereof as may be necessary, of the funds to the credit of the Confederat Bands of Ute Indians, together with the accrued interest thereon, approp ated under the act of JIarch 4. 1913 (37 Stat. I^., 934), and to use the sai for the purjiose of promoting civilization and self-support among the said ] dians, under such" regulations as the Secretary of the Interior may prescril said funds to be immediately available and to remain available until expended. We offer for the record the following justification: The act of JIarch 4, 1913 (37 Stats., 934), provides for the payment for t net amount of a judgment of the Court of Claims in favor of the Confederat Bands of Ute Indians, to remain in the Treasury to the credit of the Ute I dians. The amount of said judgment to pay interest at 4 per cent per annii from and .-ifter February 13, 1911, such interest to be available under annu appropriations by Congress tor cash per capita payments to the Ute India entitled or for expenditure for their benefit in the discretion of the Secreta of the Interior, $3,305,257.19. This fund runs to tlie Ute Indians of three superintendencies, as follows : Uintah and Ouray, Utah 1^1, Southern Ute .\geney, Colo 'a Xavajo Springs x\geucy, Colo l 5; Total persons 2, 01 Of the Indians of the Uintjih and Ouray Agency, Utah, about 300 we allotted about 15 years ago 160 acres to the person, and the remainder we allotted, in 1905, 80 acres to the heads of families and 40 acres to all oth members. These last allotments were made with the promise to the India- that they would be irrigated. In pursuance of this policy the Government, through the use of reimbursab sui]nopriations, has expended over .f700,000 in irrigation systems which no cover about 92,000 acres of allotted lands. Under present conditions It is nec« sary that all these Innds be brought under cultivation and beneficial use mai of the waters not later than July, 1919, else there is danger of the water righ attaching to the lands being forfeited. These lands are exceedingly fertile, well suited to growing grain, alfall vegetables, and most of them fruit. Within the last two years the India; have made very satisfactory efforts toward bringing their lands under cultiv Hon and achieving self-support through the use of them, but the best thi could possibly do, even were they furnished with teams, implements, etc., won be for the several families to properly develop and operate the aUotments the heads of the families only. But ina.smuch as most of the families are war ing in teams, implements, seeds, and means with which to buy materials INDIAN APPROPRIATION BILL. 658 build bouses, fences, etc., it Is yet auit(= iuipossiblo for tlie larger number of families to begin this development work until assistance is given them. In about all cases it is wholly impossible for the Indians of themselves to do anything in the way of development work and perfecting of the water rights of the allotments made to the wives and children and to the old and dependent. It has been found by actual experience that the cost of clearing the land, fencing it as required by law. plowing, leveling, and constructing the neces- sary local laterals and ditches is about $10 per acre. In case of \ory rough or stony land the cost is greater. The purpose in asking that $1,000,000 of this tribal fund be made available for industrial development work is with a view of segregating it into individual shares, then on this reservation usnig these shares : First, for the purpose of developing the lands of all allottees who can not develop such themselves and thereby perfect the water rights; second, to aid able-bodied Indians in the pur- chase of teams, implements, etc., that they may develop their own lands; and Oiird, in cases where the lands are developed and the water rights perfected, to aid the allottees in making better improvements, purchase of live stock, or such other needs as may seem best. This would make a per capita of about $480, and it will be seen that this amount will be needed to accomplish the purposes set forth above. Any lesser amount would be insuiiicieut to develop the lands in 40-acre lots, and any scheme that would require only partial development would be at an immense loss in the end to the allottees. The Indians of the Southern I'te Agency were allotted several years ago, mostly in tracts of SO and 160 acres per individual. These allotments are only partially developed, and in some cases no development work whatever has been done. The purpose would be to use the shares of this tribe, first, to develop their individual holdings ; second, in the purchase of live stock, implements, etc., to be used industrially ; and, third, if not otherwise needed, to purchase live stock for grazing purposes. The Indians of the Xavaho Springs Reservation, Colo., are not allotted, and they have now virtually no agricultural lauds which can be allotted to them. They have many thousands of aci-es of good grazing lands held in tribal form, hence it will be necessary for them to depend almost entirely in the future on the live-stock industry for self-support. If this fund is made available, the shares going to this tribe will be sufficient to buy enough Hac- stock to utilize the feed now growing on the reser\aticin and which is at present being utilized very largely by the live stock of the lessees. It is not only deemed highly advisable to have this money made available for industrial development work, but if such is not done, and if the former policy of paying out tribal moneys in per capita form is continued, we must expect that these Indians will be debauched thereby instead of being advanced along industrial lines. Mr. BuEKE. Mr. Meritt, it is proposed here to authorize the Secre- tary of the Interior to use $1,000,000;' is not that a pretty large amount to put in the hands of the department for expenditure, until we have had some detailed information as to just what the needs are and how it is proposed to expend it ? A million dollars is a lot of money. Mr. Meeitt. This industrial program for the IJte Indians has been worked out very carefully. We have reports from our super- visor of industries, Mr. Davis, 'and I had hoped to have him present at this time to explain this item in detail. The Ute Indians have had constructed for them an irrigation project out of their funds costing about $800,000. Those Indians have been allotted, and if they do not make beneficial use of the water from the irrigation project at an early day, they will lose their water rights and the use and benefit of the irrigation project that has cost $800,000; and that water will go to white appropriators and white settlers. This is a very important item, and these Indians have funds to their credit in the Treasury. We are going to use this in getting these Indians started on their allotments. It is a large amount in one 654 INDIAN APPBOPBIATION BILL. lump sum. It amounts to about Sj;48D for each allottee, and if O gress will provide this appropriation out of the funds of th Indians, we believe that it Avill enable the office to get these Indii started industrially. It will save their water rights, and they y become self-supporting Indians. The Chaiemax. We have a statute to the eifect that enterpri Avheie water is to be used for irrigation purposes can not be enter into until plans and s]Decifications have been made and approved the department. The i)lans and specifications niust be approved the department before the money can be used or appropriated f that purpose. Mv. Meeitt. That will not apply to this, for the reason that ,tl apijropriation is not for an irrigation ]3ro]'ect, but it is to enable t Indians to make beneficial use of the water and to save the India from losing their water rights and from the loss of this money heref fore expended upon the irrigation project, amounting, as I have sai to $800,000. The Chaiemax. Can you tell us how the water can be beneficial used without an irrigation project? Mr. iNlERrrr. The irrigation project is already constructed, and nc we are trying to get this money available from the funds of tl Indians so that they will have funds with which to buy teams ai with which to clear their land and get started on their allotments. The Chairman. Then, this will be for the purpose of building la eral ditches and to do other things necessary to put the lands und cultivation '( Mr. Meeiit. None of this money woidd be used for the constructi( of lateral ditches. It Avill be used for industrial purposes solely, sw as for the purchase of teams. ^Ir. BuEKE. HoAv much money will you probably expend for th purpose in the next fiscal year. Mr. ilEEiTT. "We could probably expend to advantage at least on half of this appropriation. Mr. BuEKE. I notice that you are asking for $1,000,000, and that remain available until expended, and I wanted to know about ho much you would want in the first fiscal year. Mr. JNfEErrr. We will not object to having a limitation put on tl appropriation as to the amomit that may be used the first year. It not expected the whole amount can be used at once. It should be kej in mind, however, that the sum asked for is based on a definite indu; trial prcgram, as is slunvn by the justification, which calls for func sufficient to furnish individual blocks of $400 to $600 for each allotte To provide individual shares of $200 to $300 each one year and similar share the next year would materially cripple the industrii program, as the amounts would furnish only 'a half a work team an outfit, or develop the 40-acre allotments by halves instead of all at or time. .Vs it will not be possible to develop all these allotments in or year the whole amount will iiot be needed the first year, but the pla laid out should not l>e interfered with by providing the individui shares by piecemeal. P^iye hundred thousand dollars immediatel available would be sufficient up to June 30, 1915. Mr. BiTRKE. jMr. Meritt, I wish you would furnish the committe with a memorandmn showing Avhat are the treaty rights of thes Indians, with suggestions looking toward legislation that would pre INDIAN APrEOPEIATION BILL. 655 vide for an agreement or for negotiations to he made with the In- dians with a view to satisfying their cUtims. Mr. ]Mekitt. While 1 was the law clerk in the Indian Bureau I pre- pared a memorandum for the Commissioner of Indian All'airs on that subject, and I will be glad to incorporate it in the record at this point, and also such item of legislation as ma^^ be necessary to meet the situ- ation. I think the Avay to handle the situation would be to authorize the Commissioner of Indian Affairs to negotiate with these Inclians and come to some final conclusion with them as to all their claims against the Government and submit a report to Congress. (The memorandum referred to is as follows:) The lauds iu Colciriulo involved iu tlie rereut suit of the Coufederated Bamla of Ute Iiidiiius were relinquislied to the Uuited States by an agreemeut in which the Goverumeut agreed td pay the Indians the sum of $1.25 per acre. The Uintah Reservation in Utah was established l)y Executive order of Octo- ber 3, 1861, and is described as "the enlire valley of the Uintah River within Utah Territory, extending on both sides of said ri\er to the crest of the first range of contiguous mountains on each side." In the act of May 5, 18114 (13 Stat. L.. 63), the Secrelnry of the Interior was authorized to cause the Indian reservations in I'tah, e.xcept the Uintah Valley, to be surveyed into lots and sold, and the Superintendent of Indian Affairs for Utah Territory was authorized to collect and settle all or so many of the Indians in that Territory as might be found practicable iu the Uintah Valley, "which is hereby set apart foi- the permauent settlement and exclusive occupa- tion of such of the different tribes of Indians of said Territory as may be induced to inhabit the same." The act of May 5. isiu, supra, was repealed in part by the act of Juue 18, 1878 (20 Stat. L., 165). but not as to that part referring to the Tintah \'alley Reservation. The act of June 15. ISSo f21 Stat. L.. T.)9), ratified the agreement with the Confederated Bands of Ute Indians in Colorado for the sale of their reservation in that State, in which agreement " the White River IHes agree to remove to and settle upon agricultural lands on the ITiutah Reservation in Utah." In subsequent legislation Congress .seems to have recognized that the Indians on the Uintah Reservation owned the land included therein, as hereinafter shown. The act of May 24, 1888 (25 Stat. L., 157), provided for the restoration to the public domain of a part of the Uintah Valley Reservation, authorized the s;ile of the laud so restored with the proviso " that all moneys arising from the sales of this land shall belong to said Indians and be paid into the Treasury of the United States and held or added to any trust fund of said Indians now there." It was further provided in the act that the restoration should take effect on the ratiflcatiou of three-fourths of the adult male Indians on the reservation. The provisions of the act do not appear to have been carried into effect. The act of August 15, 1804 (28 Stat. L., 287, 337). directed the Uresident to appoint !\ commission of three persons to allot lands to the Uncompahgro Indians " upon the Uncompahgre and Uintah Reservations or elsewhere in said State." The act of June 4, 1898 (30 Stat. L., 429), provided for tlie appointment of a commission to make allotments of lands in severalty to the Indians upon the Uintah Reservation in Utah and tci obtain the cession to the United States of all lands within said reservation not so allotted, and it was said therein " all sums received from the sales of said lands shall be placed in the Treasury of the United States for said Indians and shfill be exclusively devoted to the uso and benefits of the Indians having interests in the lands so ceded." The act of May 27, 1002 (32 Stat. L., 245, 263), jirovided "that the Secretary of the Interior, with the consent thereto of the majority of the adult male Indians of the Uintah and the White River Tribes of Ute Indians, to be ascer- tained as soon as practicable by an inspector, shall cause to be allotted to each head of a family 80 acres of agricultural land which can be irrigated and 40 acres of such land to each other member of said tribes, said iiUotments to be made prior to October 1, 1903, on which date all the unallotted lands within said reservation shall be restored to the public domain : Provided, That per- sons entering any of said land under the homestead law shall pay therefor 656 INDIAN APPEOPKIATION BILL. at tbe rate of $1.25 per acre." It was provided that tlie proceeds of tb sale of tlie land restored to the public domain should be applied, first, to tl reimbursement of the United States for any moneys advanced to the Indiar to carry out the foregoing provisions, and the remainder under the direction c the department to be used for the benefit of said Indians. The act also aj propriated the sum of $7,064.48 to be paid the Uintah and White River Indiar "on account of the allotment of land on the Uintah Reservation to Uncon pahgre Indians." The date of the opening of the lands to homestead entr was subsequently extended. In the act of March 3, 1903 (32 Stat. L., 982, 998), it was provided that i the consent of the Indians to allotment of their lands could not be obtained b June 1, 1903, then the allotments should be made as provided in the act of Ma 27, 1902, supra. The act of March 3, 1905 (33 Stat. L., 1048, 1070) provided "that befoi the opening of the Uintah Indian Reservation the President is hereby ai thorized to set apart and reserve as an addition to the Uintah Forest R( serve * * * such portion of the lands within the Uintah Indian Reservi tion as he consider necessary, and he may also set apart and reserve an reservoir site or other lands necessary to conserve and protect the water suppl for the Indians or for general agricultural development, and may couflri such rights to water thereon as have already accrued : Provided, That tl proceeds from any timber on such addition as may with safety be sold prior t June 30, 1920, shall be paid to said Indians in accordance with the provisior of the act opening the reservation." The act of June 21, 1906 (34 Stat. L., 325, 375), provided for the constru( tion of Irrigation systems to irrigate the lands of the Uncompahgre, Uintal and White River Utes in Utah, the cost of the entire work to be reimburse from the proceeds of the sale of the lands within the former Uintah Reservatioi In the act of April 4, 1910 (36 Stat. L., 269, 285), the department was ai thorized to pay from the reclamation fund for the benefit of the Uintah Indiar the sum of $1.25 per acre for the lands set apart for reservoir and other pu poses under the provisions of the act of March 3, 1905, and which were witl drawn by the department for irrigation purposes, the money to be subject 1 the same disposition as the proceeds of the sale of land on the reservation. By the President's proclamation of July 14, 1905 (34 Stat. L., part 3, p. 3119 there was set aside 1,010,000 acres from the Uintah Reservation as an additio to the Uintah National Forest. It is believed that Congress has in the foregoing legislation recognized thi the Uintah and White River Indians possessed more than a mere right < occupancy in the Uintah Reser\ation and has provided for the re-mbursemei to the Indians for the surplus lands, except such as were set aside for India purposes and those included within the Uintah National Forest, and has i a mepsure rlso provi(;ied for at least part payment for the forestry lands, i the proceeds of the sale of timber which may be removed before 1020 are 1 go to the Indians. At the same time Congress has also provided that the proceeds of the sa: of the lands shall, as far as necessary, be used to reimburse the Oovernmei for the cost of the irrigation system constructed on the reservation. Tl total amount appropriated for this system to date has been $9-50,000, ar Which amount includes an appropriation of $200,000 for the perfection ar protection of the water rights of the Uncompahgre, Uintah, and \A"bite Riv( Utes. This last amount, however, has never used, as a law was passed t the Utah Legislature extending the time within which the rights could 1 perfected. The net amount appropriated for the irrigation system was, ther fore, $750,000. The records of the Indian Office show that there had not bet reimbursed to the United States to June 13, 1911, the sum of $139,015.66 c account of the irrigation appropriations, which amount was received fro the sale of surplus lands. Even if it be considered that the Uintah and White River Indians a; entitled to compensation for the lands included within the Uintah Nation Forest, the office is of the opinion thrt no right to a final accounting wou accrue prior to June 30, 1920, as it w'll be impossible to ascertain hefore thi time the amount which may be derived from the sale of timber on the reserv tion lands included within the Uintali National Forest. There must also 1 taken into consirleration the fact that the irrigation fund has not yet be( reimbursed and the Government would be entitled to any ofi'set on account the amounts expended for iri-igation purposes on the Indian lands. INDIAN APPROPEIATION BILL. 657 Mr. Meeitt. It is suggested, Mv. Chairman, that the following item be incorporated in the proposed Indian appropriation bill : That the Coniniissioiun- of Indian Affairs is hereby authorized \o negotiate an agreement with the Confederated Rands of the Ute Indians for thS final adjudication and settlement of all claims and demands of said Indians against aie United States arising under the agreement between said Indians and the United States, ratified by the act of June 15, 1880 (22 Stat p 199) or under any law, treaty, or agreement, aud which has not heretofore been' ad- judicated; aud the said commissioner shall report the result of such negotia- tions to Congress at the earliest practicable date. (Thereupon, at 1.30 o'clock p. m.. the subcommittee adjourned until Tuesday, December 30. 1913. at 10 o'clock a. m.) The next item reads — To carry into effect the provision of article 9 of the treatv of :\larcli 2, 1868 (15 Stat. K. p. 619), with the Confederated Bands of Ute Indians for furnish- ing seeds and agricultural Iniiilements. the sum of .$15,000. or so nmcli thereof as may be necessary. "We offer the following justification in support of this item : About 1,100 Indians of the Uintah and Ouray Reservation, Utah, have been allotted and about 92,000 acres of the'r lands are now under irrli-'ation systems. About 210 of the Indians of the Southern Ute Reservation. Ignacio. Col., are allotted, and a portion of their lands are being put under irrigation systems. At each of these places large numbers of allottees are now putting forth very satisfactory efforts in the way of putting their lands under cultivation and utilizing them for their self-suppport. In about all cases they are needing more implements, seed, etc.. to enable them to achieve success. This appropriation is asked for in compliance with the following treaty stipulation to relieve these needs. Article 9, treaty with certain bands of Ute Indians, concluded March 2. 1868 (15 Stat. L., 619-621). provides as follows: "When the head of a family or lodge shall ha\e selected lands and received his certificate as above described, and the agent shall be satisfied that he in- tends in good faith to commence cultivating the soil for a living, lie shall be entitled to receive seeds and agricultural implements for the first year not ex- ceeding in value $100, and for each succeeding year he shall continue to farm, for a period of three years more, he shall be entitled to receive seeds and imple- ments as aforesaid, not exceeding in value $50 ; and it is further stipulated that such persons as commence farming shall receive Instructions from the farmer herein provided for ; and it is further stipulated that an additional blacksmith to the one provided for in the treaty of October 7, 1863. referred to in article 1 of this treaty, shall be provided with such iron, steel, and other material as may be needed for the Uintah, Tampa, and Grand River Agency." The Chaikmais-. It is not claimed that this is a treaty item, is it? How long is it since they have been allotted? Mr. MEEiTr. In July, lf)05. 1,3T0 allotments were made to Uintah and Ouray Indians, Utah, were approved; and in June, 1896, 375 made to Southern Ute Indians in Colorado were approved. Mr. BuEKE. They would not be entitled to this appropriation, until such time as they have been allotted Efnd began to farm their lands, would they? Mr. Meeitt. No, sir. Mr. BuEKE. I was wondering if that had anything t(i do with the appropriation not having been made heretofore. Mr. Meeitt. That is probably the reason why the office has not heretofore made that request. This item and the next item are im- portant ones for the reason that the Government has constructed a large irrigation project on the Uintah Reservation, expending three- quarters of a million dollars of the Indians' funds in constructing 24455—14 42 658 INDIAN APPEOPBIATION BILL. this project, and the Indians are in danger of losing their water right unless they can make beneficial use of that water and begin the culti vation of their lands. Mr. Caetee. They have not been in a position, heretofore, to cul tivate the lands, have they? They have not had any water hereto fore, have they? Mr. Meeitt. The water has been available for the last two years I think. The Chairman. What is the next item ? Mr. Meeitt. The next item reads — For continuing the construction of lateral distributing systems to irrigat tlie allotted lands of the Uncompahgre, Uintah, and White River TJtes, in Ufal and to maintain existing irrigation systems, authorized under the act of Jun 21, 1906, to be expended under the terms thereof and reimbursable as thereii provided, $40,000, to remain available until expended: Provided, Thut the us of so much water as may be necessary to supply for domestic, stock watering and irrigation purposes, land allotted or to be allotted to Indians on the Uintal Reservation or set aside for administrative purposes within said reservation 1 hereby reserved, and the failure of any individual Indian or Indians to mak beneficial use of such water shall not operate in any manner to defeat his o her right thereto while said land is held in trust by the United States. Al laws and parts of laws in conflict herewith are hereby repealed. The following justification is offered for the record : Irrigation system, Uintah Reservation, Utah {reimJ)ursaMe) . Fiscal year ended June 30, 1913 : Unexpended balance from previous years $75,008.0 Amount appropriated ' 75,000.0 150, 008. O: Amount expended 32, 449. t . Unexpended balance 117,558 9 AlSr.\LYSIS OF EXPENDITUKES. Salaries, wages, etc 28, 086. 7i Traveling expenses 348. 8 Transportation of supplies 47.1 Telegraph and telephone service 14. 5 Material 481.8 Stationery 17. 4 Fuel 22.8 Mechanics' supplies 5. 9 Forage 2, 821. 1 Equipment 597. 6 Miscellaneous 5. 32, 449. 1 STATISTICS, tUXTA RESERVATION. Census, 191.3 ' 1, 18 Present irrigable area acres-. 87, 8S Irrigated area do 12, 99 Area under completed project do 98, 4C Acres cultivated by Indians 6, OC Acres cultivated by whites 6, 9S Value of irrigated land per acre $30. C Expended to June 30, 1913 ' $744, 603. 8 Estimate for fiscal year, 1915 ^ .$40,000.0 Cost of completed project, estimated $1,000, 000. C Total area of reservation: 3,200 square miles. Tribes : Uintah, White River, Uncompahgre. 1 Exduslve of ,$.30,23-1.81 before inception of present project. INDIAN APPEOPEIATION BILL. 659 LOCATION AND CLIMATE CONDITIONS. Counties: Uintah and Wasatch. Townships and ranges : T. 2 N. to T. 4 S., R. 3 E. to ^; W. lailroads adjacent Uintah: Rio Grande Western. Bailroad stations: Watson, Price, Colton. Market for products : Home consumption. Average elevation irrigable area : 5,100 feet. Average elevation watershed, 9,000 feet. Average rainfall on irrigable area : 9 inches. Average rainfall on watershed : 18 Inches. Range of temperature on Irrigable area : Plus 100 to minus 40. WATER S0PPLY. Source of supply : Green River System. Area of drainage basins: 4,000 square miles. Annual run-ofe in acre-feet : 1,206,723. SrMMABY OF RESULTS. Canal miles, with capacities from 50 to 250 sectional feet, 109.3. Canal miles, with capacities less than 50 sectional feet, 33.7. WASTE DITCHES AND DRAINS. Miles, 4; capacity, 500 sectional feet. Dikes, 4 ; total length, 2,800 feet ; volume, 4,025 cubic yards. Number of canal structures costing over $2,000, 1 wood. Number of canal structures costing $500 to $2,000, 59 wood. Number of canal structures costing $100 to $500, 265 wood. Number of canal structures co.sting less than $100, 352 wood. Number of bridges, length less than 50 feet, 348. Total length of bridges, 2,393 feet. Culverts, 33 wood ; total length. 1,230 feet. Number of steel. 1: size, 3 feet 10 inches; length, 662 feet: cost, $2,04165. Number of wood, 29 : size, 1 foot to 16 feet ; length, 1.0S7 feet : cost. $19,577.00. BtriLDINfiS. Number of offices, 2. Number of residences, 2. Number of barns, 2. Number of warehouses, 2. Total cost of buildings, $13,964.02. TELEPHONE LINES. Number of stations, 3 ; aggregates cost, $95.79 : lenirth. 3 1 miles. ilATEBIAL EXCAVATED. Material excavated, Class 1, 940,326 cubic yards ; cost, •f^yS'^S^-^'J-^ Material excavated. Class 2, 233.653 cubic ynrds: cost. $100 «9iyJ. Material excavated. Class 3, 45,686 cubic yards ; cost, .?.35,85/.-i. Riprap, 5,189 cubic yards; cost, $13,382.20. CON.STKUCTION This project has practically been upon an operation basiis during the past year, and such construction as lias been done really comes under either the head of maintenance or betterment. 660 IXDIAX APPEOPEIATION BILL. MAINTESAiSrCE AND OPERATION. All i3ti-uctiues upon this reser\ion dams, liut no storage dams, just a wing dam. The Chairjian. What was the cost ])er acre? Mr. Reed. As this stands to-day the estimated area for the com- pleted project is 98,400, and up to the end of June the total cost of the project was $744,603, about $7.50 per acm. The Chairman. Already expended? Mr. Reed. Already expended ; yes, sir. The Chairman. How many Indians who have been allotted does this serve water to ? Mr. Reed. The lands under ditch is practically all allotted to 1,03T Indians. The same condition, however, prevails here that prevails on some others. I was there in June, and I think at that time we ran over it and found that 43 per cent of the allottees were dead, and that condition prevails on many others as well as this one. So that of the total sum there was 43 per cent that were dead Indian al- lotments. The Chairjian. How do von account for such a sreat mortality there? Mr. Reed. It had been allotted for some time, and they have just been dying off and the old people are gone. Mr. Cart'er. This appropriation is not for aiiv new eoustraction, is it? Mr. Reed. No, sir; it is_what I would call mostly reconstruction. These laterals have been built and the structures put in of native lumber. You will remember that this project varies from 60 to 100 miles from a railroad. It was impossible to bring in any material from outside, and the native pine lumber was used, which has a life under wet and dry conditions, such as in irrigation structures, of about five or six years. Many of these structures are already in a state of decay, and the present plan that I have in view there is sim- ply to rehabilitate them and keep them going without great expense until a railroad gets in there and we can get cement. It is out of the question to bring permanent material in there when your freight rates are two or three times the amount of vour original cost. There is a railroad heading in that direction, which was known as the Moffatt Road, and is now called the Denver & Salt Lake, and this year they built an additional 20 miles from Steamboat Springs in that direction. Therefore we are trying to hold this in statu quo until we can get more nearly permanent material. The Chairman. Are there any Indians working their allotments and using this water for farm purposes ? Mr. Reed. Not to the extent we would like. The condition there is this : Nothing can be raised and hauled out and sold. Really, the only product you can raise beyond the consumption of the valley is 662 INDIAN APPEOPEIATIOK- BITJ.. meat — something that can walk to the railroad. The Indian d( not take to that as kindly as to some other things. He raises stoi but he eats it himself, and there has been no great encouragemt and they have not taken hold as they would could they raise th few tons of hay and take them down to the depot and get the ca which they could see in their hands. And another thing in th( that you may not be familiar with: As this project is under t laws of Utah, we are compelled to alloW white men to obtain interest in our ditches. We have had considerable trouble as a i suit of that. They have gone in under the State laws and increas the size by simply running a furrow down and letting the water the, rest. We have so far been helpless, and we could not stoip They have even fixed it so that some of our structures, by turni: large quantities of water in — larger than we had anticipated hoped for — ^made our structures inadequate and practically usele It is all simply because we are working under a State law and n under a Federal law. We have from the same cause a great deal of trouble irrigating t lands of the Indians — furnishing them water. Until this last ye we had no State officer there to divide the water. It was a matter which our men seemed to be without force ; they could not call upi the State officers because they would not help them, and the Indis when he should have water, frequently was without water. Tl year we succeeded in getting the State to appoint a water mast under their laws, and we have gotten along much better and ft encouraged. That is the reason we do not want to drop back ai want to go ahead with our work. Mr. IVfepiTT. I would like Mr. Eeed to make a statement concernii the need of this proviso clause in connection with the irrigati^ project on the Uintah Reservation. Mr. Reed. The Indian is not a white man, he has not had the wh: man's training of generations, and the Ute who inhabits this partic lar territory was a hunter and warrior. To make him an expert ir: gationist in one generation is beyond human possibility and beyo] any hope that we should have. He can not, therefore, be treated the same manner in perfecting a water right as -a white man, who h had different training and who feels entirely different upon this st iject. We are making a savage into an expert farmer of the highi type, because there is no type above the successful farmer under ir gation, and trying to do it in one generation. We can not expect do it, and if this Indian, the Ute, is compelled to compete in the op market, you might sav, with the white man to secure water unc the laws of Utah, he "will not do it. Our $750,000, which will more before the time expires, will, a large part of it, have been L in an attempt to aid him, but an attempt which has been a failure. The Chairman. This sum is not reimbursable ? Mr. Meeitt. Yes, sir ; this is reimbursable. The Chairman. What property have the Indians ? Mr. Meeitt. They have timber and also surplus lands, and tl have now in the Treasury to the credit of the Utes a judgm< amounting to between $3,000,000 and $4,000,000. The Chairman. If they have a judgment against the Governme why should this not be credited upon that amount? INDIAN APPEOPBIATION BILL. 663 'reiS™' '^^'^'"^ "^'^ ^^ "° question about the Government being : The Chairmax. Then, as I understand, the reason for this appro- priation IS that unless you have the appropriation the Indian will let his valuable water rights lapse, and the 'citizens of Utah will be benelited and the Indians will be injured ? Mr Eeed. Yes, sir; there is no doubt about it, unless we have some protection such as is sought for in that clause. I am afraid he will lose some part of it m spite of anything we can do. The Chairman. This clause is necessary to justify the action which you must take to prevent him losing his water right? Mr. Reed. Yes, sir. Mr. Meritt. The act of June 21, 1906— Thirty-fourth Statutes at Large, 37o— made applicable the water-right laws of the State of Utah to that project. I will say, Mr. Chairman, that if we can get the proviso clause in reference to this water-right situation incorporated into law it will ultimately mean millions of dollars to the Indians of the country. I believe that is not overstating the case. It is very important legisla- tion and will prevent the Indians from losing valuable water rights. The Chairman. What is the next item ? Mr. Meritt. The next item reads : For support and civilization of tlie D'Wamish and other allied tribes in Washington, including pay of employees, $8,000. The following justiification of the item is offered for the record : Support of D'Wamish and other allied tribes m Washington. Fiscal year ending June 30, 1914, amount appropriated $7, 000. 00 Fiscal year ended June 30, 1913: Amount appropriated 7, 000. 00 Amount expended 6, 179. 98 Unexpended balance 820. 02 ■analysis of EXPENraTUKES. Salaries, wages, etc 5, 209. 86 Traveling expenses 15. 95 Telegraph and telephone service 74. 00 Fuel 104.70 Cleaning and toilet supplies 9. 48 Forage 417. 82 Equipment 47.23 Medicinal supplies 267. 94 Miscellaneous - 33.00 Total 6, 179. 98 There are 1,494 Indians under the jurisdiction of this superintendency, on four reservations, as follows : Lnmmi 515 Susquamish (Port Madison) 183 Swlnomish 259 Tnlalip (remnants of many tribes and bands) 537 Total 1,494 The three outlying reservations are presided over by farmers paid from " industrial work and care of timber." Of the $7,000 now appropriated, $5,320 664 INDIAN APPROPKIATION BILL. are used in the employment of clerks, physician, and carpenter, leaving $1,680 to supply fuel and feed for the agency purposes, traveling expenses of tlie superintendent, and the various other incidental expenses connected VFith the agency administration. This sum is not only inadequate for the purposes named, but leaves nothing whatever wherewith to aid and encourage the Indians industrially. These Indians live largely from fishing and as laborers in the lumber Industry, cultivating only small tracts as garden plots. They have virtually no live stock, and in consequence can use their allotments only in a very limited way. The additional $1,000 asked for is wanted to enable the superintendent to give better supervision to his outlying Indians and to aid deserving Indians in developing their industries. Some 324 Indians of the D'Wamish and other allied tribes in Washington under jurisdiction of the Puyallup Indian School have been allotted 41,945 acres. No surplus unallotted land and no unallotted Indians other than those born since the closing of the prior allotment work. Mr. Mekitt. The list of employees for this agency is submitted here : Position. White: 1 clerk. 1 lease cleric 1 financial clerk. . 1 assistant clerk. 1 pbiyslcian 1 carpenter Rale of Total. M.iiCiO 41,300 '.m 900 sw S40 720 720 (20 720 s^(} SM Miscellaneous: 3 farmers , . 1 chief of police . 5 privates 1 forest guard. 3judges Mfl i;f« p. ni. 2o p. m. 20 1 1,2(10 N4 Payable from- •1, 3-n 3, 530 rjK) 3, 120 Support of D'Wamish and other allied tribes in AVashington. 1914 Do. Do. Do. Do. Do. Industrial work and care of tiinber, 1914. 300 1,200 Do. Pay of Indian police, 1914. Do. 1,500 Industrial work and care of timber, 1914. Pay of judge Indian courts. ac't4lly ™TutTXtSVSTa?iln'''™'"' """'^'■°'-' ^'<^^'^'"R-»^ f'™' tacldentak, and subsistence when I will state that if we can get that $100,000 indnstrinl item we will be satisfied with the appropriation of last year. The Chairman. What is the next item ? Mr. Meeitt. The next item reads : For support and "civilizntion of the Jlnkahs $2,000. including pay of employees. The Chaikman. The amount is the same as was appropriated last year, and the only change is that you have stricken out the word Washington." Why did you do that? Mr. Meritt. We Iiave no objection to that word going back -in the bill. We offer for the record the following justification of that item: INDIAN APPBOPKIAIION BILL. 665 Support of MaJcahs, Washington. Fiscal year ending June 30, 1914, amount appropi-inted $2,000.00 Fiscal year ended June 30, 1913 : Amount appropriated 2 000 00 Amount expended j' ^yg' gg Unexpended balance 523 i^ ANALYSIS OF KX1>ENI)1TURES. Salaries, wages, etc 625.83 Traveling expenses g2 25 Miscellaneous material q^' gg Cleaning and toilet supplies I2! 26 Provisions 37g^ 24 Equipment 269' 13 Medical supplies 1 gg, gg Miscellaneous . gg Total 1, 476. 89 Amount aslied for, $2,000. This appropriation is used for tlie benefit of 421 JI;ikab Indians under ttie jurisdiction of tbe Xeah Bay Ageuc.v, and is required for tbe payment of sala- ries, subsistence, and the general expenses incident to proper administration. The Makah Indian Reservation vs'iis created by Executive order, based on treaty, and embraced originally some 23,000 acres, of vchich 3,727 acres have been allotted Indians of tbe tribe. Xo unallotted Indians, except those born since the closing of the prior allotment work. The remaining tribal land is quite heavily timbered, and it is not contemplated to allot any of these lands until the timber has been disposed of. The list of agency employees is submitted here: Neah Bay, Wash. Position. Payable from. White: 1 financial clerk.. Miscellaneous: Ifanner 1 judge... 1 private. Do... Support of Makalis, Washington, 1914. Industrial work and care of timber 1914. Pay of judges, Indian courts, 1914. Pay of Indian police, 1914. I Per month . The Chairman. What is the next item? Mr. Meritt. The next item reads — For support and civilization of the Qui-nai-elts and Quil-leh-utes, including pay of employees, $1,000. We offer for the record the following justification : Support of Qui-nai-elts and Quil-leh-utes, Washington. Fiscal year ending June 30, 1914, amount appropriated $1, 000. 00 Fiscal year ended June 30, 1913 : Amount appropriated ^> JJ^S' l,*n Amount expended ^^°- '^ 84.21 Unexpended balance . 666 INDIAN APPBOPEIATION BILL. ANALYSIS OP EXPENDITUEE. Salaries, wages, etc $695.00 Lumber for walks 220.79 915. 79 Amount asked for, $1,000. There are 991 Indians entitled to benefit under this appropriation. Six hun- dred dollars is used for the payment of one clerk, whose time is occupied with the business incident to this tribe, and the balance is expended for general sup- plies necessary for proper administration of their affairs. The extremely low per capita cost involved is worthy of notice. The Qui-nai-elt Indian Reservation was created by Executive order based on a treaty. It contained originally some 213,000 acres, of which 54,989 acres have been allotted to 690 Indians. Tentative allotments in the field have b%en made to 354 Indians, but these allotments have not yet been approved. The reservation was created for the Qul-nai-elts, Quil-leh-utes, Hobs, Ozettes, " and other fish-eating Indians of the Pacific coast." It is estimated that the last phrase will cover some 1,500 Indians entitled to allotments on this reservation and will exhaust practically every acre in allotment. As the remaining lands within this reservation are heavilx timbered, the allotment work has been sus- pended pending the disposal of this tribal .isset for the benefit of the Indians at large. The Hoh Eiver Reservation, established by Executive order for the Hoh Indians, includes only 240 acres; the Ozette Reservation, also created by Executive order, contains but 640 acres ; the Quil-leh-ute Reservation, created by Executive order, contains 8.37 acres. These are not "reservations" in the sense of providing land for allotment or agricultural purposes, but are simply the withdrawal of small tracts suitably located as village sites for these In- dians who are fishermen rather than agriculturalists. The Chairman. What is the next item? Mr. Meeitt. The next item reads — For support and civilization of Indians at Xakima Agency, Including pay of employees, $3,000. We offer for the record the following justification of that item : Support of Yakimns and other Indians, Washington. Fiscal year ending June 30, 1914, amount appropriated $3, 000. 00 Fiscal year ended June 30, 1913 : Amount appropriated 3, 000.00 Amount expended 2, 470. 91 Unexpended balance , ^ 529. 09 ANALYSIS OF EXPENDITUEES. Salaries, wages, etc $139. 83 Traveling expenses 213. 31 Printing : 9.50 Telegraph and telephone service 177.15 Miscellaneous material 106. 71 Stationery 1.00 Fuel 50. 14 Mechanics' supplies 20. 61 Cleaning and toilet supplies .76 Forage 961. 58 Provisions 69. 40 Equipment 380.47 Medical supplies 329. 95 Miscellaneous 1. 50 Total ■ 2, 470. 91 Amount asked for, $3,000. INDIAN APPBOPEIATION BILL. 667 This appropriation is expended for forage, subsistence for old and indigent Indians, farm implements, medical supplies, telephone and telegraph service traveling expense, fuel, etc., in the Interest of 3,046 Indians. It is the only general purpose appropriation available for use at the Takima Agency. The Yakima Indian Reservation was created by treaty and embraced orig- Innlly something over 1,000,000, of which 296.400 acres have been allotted to i!,137 Indians. Of the remaining tribal lands, covering some 796,000 acres, . about 1,000 allotments have been made in the field but not yet approved under authority found in the act of May 6, 1910 (36 Stat. L,., 348). But a few In- dians remain unallotted, and as soon as this work is closed in the field the sur- plus land will be placed on the market, as authorized by the act of December 21, 1904 (33 Stat. L., 595). Mr. Mebitt. The list of employees for this agency is submitted tere. It will be noted no employees are paid from this appropriation. Yakima, Wash. Position. Rate of pay. Total. Payable from — "White: 1 clerk 31,800 1,200 900 900 900 900 840 1,600 200 720 600 840 600 1,000 900 720 34 p. m. 35 p. m. 20 11,400 p. m. 80 p. m. 86 SI, 500 1,200 900 900 900 900 840 1,500 400 720 600 840 Indian moneys, proceeds of labor, Yakima Indians. Do. 1 lease clerk . . . 1 clerk Do. Do. . Do. 1 assistant clerk Do . Do. Do. Do Do. 1 physician . . . Do. Do. Do. 1 teamster Do. Do. Indian: 1 laborer 11,200 600 Do. Miscellaneous: 1 farmer 1,000 900 720 Industrial work and care of timber, Do 1914. Do. Do. 2,620 168 Pay of judges, Indian courts, 1914. 420 960 Pay of Indian police, 1914. 4 privates . . . , Do. 1,380 1,400 2,400 Industrial work and care of timber, 1914. Do. 3,800 1,190 Indian moneys, proceeds of labor, Yakima Indians. 1 And actual necessary traveling expenses, including sleeping-car fare, incidentals, and subsistence when actually on duty oft the reservation, not exceeding S200 to be expended for this purpose. Mr. BuKKE. On page 17 of House Document No. 328, Sixty-third Congress, second session, there is a statement which shows that the expenditure for salaries of employees was $91,093.54. I presume included in that expenditure is the money expended for salaries, wages, etc., in connection with irrigation. Mr. Meeitt. Yes, sir; that includes all of the salaries paid on the reservation. The Chaieman. What is the next item ? 668 INDIAN APPROPEIATION BILL. Mr. Meritt. The next item reads: For support aud civilizatlou of Indians at Colville and Puyallup Aggncles, for pay of employees, and for purchase of agricultural implements and support and civilization of Joseph's Band of Nez Perce Indians in Wasliington, $13,000. We offer for the record the following justification of that item : Support of liidiiins of Cohnllc and Puyallup Agencies and Joseph's Band of Ncx Perce. Washmgton. Fiscal year ending June 30, 1914, amount appropriated $13,000.00 Fiscal year ended June 30, 1913: Amount ai)propriated 13,000.(50 Amount expended 12, 524. 68 Unexpended balance 475. 32 ANALYSIS OF EXPENDITUEES. Salaries, wages, etc 7,245.98 Traveling expenses , 1, 036. 40 Telegraph and telephone service 159.45 Miscellaneous material 97. 53 Fuel 437. 79 Mechanics' supplies 9.45 Cleaning and toilet supiilies 14.03 "Wearing apparel 5. 13 Forage 1. 938. 28 Provisions 289. 03 Equiliraent 677. 78 Medical sui3i3lies 452. 31 Miscellaneous 161. 52 12, 524. 68 Amount asked for $13,0(X). There are 2,201 Indians jit Colville and 2,701 Indians at Cushman. not includ- ing the Quinaielts. otherwise provided for, whose affairs must be administered under this fund. The Indians under both .lurisdictions are scattered over a wide territory, the Colville Reservation having a larger area thau the State of Con- necticut ; therefore traveling expense is necessarily a lage item, likewise the cost of feed for horses used in traveling. These two items required nearly $3,000 from this approiH'Iation last year. It is also necessary to use this appropria- tion for the pay of employees, for the purchase of fuel, subsistence for old and indigent Indiums, telephone service, medical and miscellaneous supplies for the benefit of the Indians and the operation of the agency. A considerably larger appropriation conld be advantageously used if it were .-tvailable. The diminished Colville Reservation embraces approximately 1,30. 18i)2), $1,000. We offer for the record the following justitication of this item: Support of ftijokiiiics, M'lixlt. Fiscal year enrtins June 30, 1914, amount appro])rialed .$1, 000 Fiscal year ended June 30, 1913: Amount appropriated 1, 000 Amount expended trnexpended balance 1, 000 Indian population, 621. 670 INDIAN APPKOPEIATION BILL. Tliis amount is required for the purpose of complying with article 6, agree- ment dated March 18. 1SS7, and ratified by act of Coni^ress of July 13, 1892, wherein the United States has agreed to furnish a blacksmith and a carpenter to do necessary work and to instruct the Indians in those trades. The Spokane Indian Keservotion embraced originally 1.54,000 acres, of which 64.794 acres have been allotted to 626 Indians. Some 5,800 acres of agricul- tural laud were opened to settlement and 82,647 acres of timber land reserved for use of the Indians in common, under authority found in the act of May 29, 1908 (35 Stat. L., 438). About 1,000 acres have been reserved for administrative purposes. No unallotted Indians other than those born since the closing of the prior work in the field. Article 6 of the agreement with the Spokanes in Washington, concluded March 18, 1887, ratified by the act of July 13, 1892 (27 Stat. L., 139), reads as follows : " It is further agi-eed that, in addition to the foregoing provisions, the TJnitfed States shall employ and furnish a blacksmith and a carpenter to do necessary work and to instruct the Indians, parties hereto, in those trades." (Annual Report of the Commissioner of Indian Affairs, 1892, p. 744.) The foregoing provisions referred to are for allotment of lands in severalty and an agreement to expend for the benefit of said Indians the sum of $95,000 as follows : For the first year, $30,000 ; for the second year, $20,000 ; for each succeeding year thereafter for eight years, $5,000 — said money to be expended under the direction of the Secretary of the Interior in the removal of the said Indians to the Coeur d'Alene Eeservation, in erecting suitable houses, etc. The last of the 10 installments was appropriated in the act of March 3, 1901 (31 Stat. L., 1070). The continuation of the treaty appropriation for the benefit of the Spokanes in Washington would appear to be within the discretion of the Congress, inasmuch as no definite period is mentioned in article 6 of the agree- ment in question. The Chairman. That is the same language that was carried in the bill last year? Mr. Meritt. Yes, sir. Mr. Carter. How was it, Mr. Meritt, that no part of this amount was expended last year ? Sir. Meritt. I will get a memorandum and insert it in the record to show the reason why that money was not expended. Mr. Carter. I think that ought to be shown. Mr. Meritt. That is a treaty item. The memorandum submitted reads as follows: During the fiscal year 1913 there was no occasion to employ either a black- smith or a carpenter, as provided by the treaty, and the matter of diverting the money to other beneficial uses for the Indians, as provided by section 5 of the act of July 4, 1884 (27 Stats., 76-97), was overlooked. It is proposed to do certain construction work on the reservation during the present fiscal year and the fiscal year 1915, and while this is in progress the services of the employees named will be necessary. When this construction is finished the office will be in a position to do more effective work among the Indians, and this appropria- tion will be diverted to some other necessary and beneficial purpose. There are 528 Indians entitled to benefit iinder this appropriation. Mr. Carter. I think that what these Indians need worse than any- thing else is a farmer. The Chairman. What is the next item, Mr. Meritt? Mr. Meritt. The next item reads : For extension and maintenance of the irrigation system on lands allotted to Yakima Indians in Washington, $15,000, reimbursable in accordance with the provisions of the act of March 1, 1907. INDIAN APPEOPEIATION BILL. 671 The following justification is offered for the record: Irrigation system, Yalcima Reservation (reimhursaUe) . Fiscal year ending June 30, 1914, amount appropriated $15,000.00 Fiscal year ended June 30, 1913 : " Unexpended balance from previous years 790.51 Amount appropriated I_ 15,000.00 15, 790. 51 Amount expended 14, 992. 09 Unexpended balance 798.42 ANALYSIS OF EXPENDITUBES. Salaries, wages, etc 1 11,233.14 Traveling expenses 967. 05 Transportation of supplies 26. 16 Telegraph and telephone service 92.08 Heat, light, .and power (service) 8.95 Material 556. 06 Stationery 42. 41 Fuel 118. 09 Forage 260.26 Equipment 1. 466. 14 Rent 220.00 Miscellaneous 1. 75 14, 992. 09 STATISTICS, TAKIMA RESERVATION. Census, 1913 2, 682 Present irrigable area (acres) 64,000 Irrigated area (acres) 34,804 Area under completed project (acres) 125,000 Acres cultivated by Indians 5, 350 Acres cultivated by whites ^\-nA Value of .irrigated land per acre $100 to $500 Expended to June 30, 1913 (construction only) $518, 571. 75 Estimate for fiscal yearT.915 (maintenance) $15,000 Cost of completed project, estimated, V. S. R. S $4, 000. 000 Cost of maintenance, 1913 $23, 215. 70 This item is for operation of maintenance of the Yaliima system for repairs and replacing of such structures as may be needed. The new structures, where they are of a permanent nature, are being constructed of concrete and rein- forced concrete. Atanum Project. location ann climatic conditions. County, ~ Yaliima. Townships and ranges, T. 12, Rs. 16, 17, and 18. Railroads on or adjacent. Northern Pacific, Oregon-Washington Rnilroad & Navigation Co., North Taiiima & Valley Terminal. Railroad stations, Wiley City, North Yaljima. Market for products, Sound and eastern cities. Average elevation irrigable area, 1,100 to 1,750 feet. Average elevation watershed, 2,000 to 3,000 feet. Average rainfall on irrigable area, 8 to 12 inches. Average rainfall on watershed, 12 to 30 inches. Range of temperature on irrigable area, — 15 to 105 . WATER SUPPLY. Source of water supply, Atanum Creeli. Area of drainage basins, in square miles, 200 (estimatett). Annual run-off, In acre-feet, 50,000. 672 INDIAN APPBOPEIATION BILL. SUMMARY OF BESTTI/TS. Canal miles : From 50 to 250 second-foot capacity, 11 ; less than 50-second-foot capacity, 29. Number of canal structures (exclusive of dams and tunnels, but Including bridges, culverts, pipes, flumes), costing less than $100 each, wood, 65. Bridges : Length less than 50 feet, 5 ; total length, feet, 90. FLUMES. Wood, number, 5; size, 2; length, 1,000; cost, $1,500. TELEPHONE LINES. Number stations, 6; aggregate cost, $1,335; miles, 21. TRANSMISSION. Material excavated: Class 2, cubic vards, 5,658; cost, $4,073.76. Class 3, cubic yards, 3,179; cost, $3,841.80. Total area reservation, 1,145,069 acres. Tribes, Yakima Confederated. Wapato Project. location and cltilatio conditions. County, Yakima. Townships and ranges, Ts. 9, 10, 11, 12. Rs. 17, 18, 19, 20, and 21. Railroads on or adjacent. Northern Pacific, Oregon-Washington Railroad & Navigation Co., Fort Smith & Western. Railroad stations, Parker, Wapato, Toppenish, Alfalfa. Market for products, Sound and eastern cities. Average elevation irrigable area, 850 feet. Average elevation watershed, 3,000 feet. Range of temperature on irrigable area, — 15° to 110°. WATER SUPPLY. Source of water supply, Yakima River and branches. Area of drainage basin, in square miles, 5,050. Annual run-off, in acre-feet, 3,298,000. SUMMARY OF RESULTS. Canal miles, with capacities in second feet ; More than 500, 12 ; from 250 to 600, 12 ; from 50 to 250, 19 ; less than 50, 331. WASTE DITCHES AND DR.AINS. Miles, 21 ; capacity 300 second feet. Miles, 21 ; capacity, 150 second feet. Diversion dams, volume, cubic yards, rock till, 1,000 (temporary). Dikes or levees, 2 ; total length, feet, 350 ; volume, cubic yards, 520. Number of canal structures (exclusi\e of dams and tunnels, but including bridges, culverts, pipes, flumes) : costing over $2,000 each, masonry 1, concrete 1 ; costing from $500 to $2,000 each, wood. 7 ; costing from $100 to $500 each, wood, 159 ; costing less than $100 each, concrete 8, wood 2,969. Bridges: Length 50 feet or more, wood 4, concrete 2; less than 50 feet, com- bination 4, wood 103. Total length, feet: Combination, 184; wood, 3,785; con- crete, 110. Culverts, wood, 325; length, 3,900. FLUMES. Wood, n ; size, 2 feet In 12 feet; length, 1,260 feet; cost, $50 to $500. INDIAN APPBOPEIATION BILL. 673 BUILDINGS. Residences, 1; cost, $175; banis, 2; cost, $150; warehouse, 1 ; cost, $75. TRANSMISSION. Materiiil excavated: Class 1, cubic yards, 3,106.721 • cost $341419 42 Dry wall, cubic yards, 2,000 ; cost, $5,000. Concrete, cubic yards, 267; cost, $4,423.63. Cemeut, barrels used, 350; cost, $593.45. IRRIGABLE LANDS. Estimated cost of completed project, $4,000,000. Estimated area for completed project, in acres, 120,000. Area which can be supplied from constructed works without additional con- struction 54,000 acres. Irrigated at present time: By Indians, acres. 4,900; bv whites (owned) acres 5,900; by whites (leased), acres, 19,253. Total cost of project to .lune 30, 1913, $506,786.08— maintenance, $38,684.56 • construction, $468,101.52. Total amount paid for labor: Indian, $82,066.55; white, $213,141.12. Average value of irrigated lands, $150. CONSTRUCTION. Upon this project drainage is equally as Important as irrigation, and up to the present has been about as expensive. For the past two years the construc- tion work has been mostly connected with a drainage canal ; 42 miles has been excavated, and 38 highway bridges, one concrete culvert, and several water bypaths have been constructed, with the result that thousands of acres of land have been reclaimed from a water-logged and unproductive condition. The work of excavating the drainage canals was performed by the use of one dredge and two drag line excavating machines. This method was found quite satisfactory and quite economical. During the year 154,772 cubic yards were removed at a total cost of $12,786.66, making a unit cost of 8J cents per cubic yard. As an illustration of the efficiency of this method of construction, the follow- ing figures are given : Drainage canal constructed 42 miles ; requiring excava- tion, earth and gravel, 1,998,914 cubic yards; bridges, wood, 38; concrete culvert, 1. Total cost of drainage to date $244,043.93 Less inventory, equipment, supplies, material 12, 503. 33 Net charge to drainage system 231, 540. 60 In addition to the construction of the drainage canal it was necesssary to construct 4 miles of irrigating canal. This canal had a capacity of 60-second feet. Fourteen thousand nine hundred and twenty-one cubic yards were re- moved in its construction, at a cost of $3,344.28, a unit cost of 23 cents per cubic yard. Several concrete drops were also built and a number of small culverts and bridges were constructed. The old structures on this project were built of wood, and are rapidly decaying. New structures, where they are of a permanent nature, are now being constructed of concrete and reinforced concrete. Should Congress make a sufficient appropriation, the present system of irri- gation would be enlarged and bettered, and an interest would be obtained in the storage system now under control of and being constructed by the Recla- mation Service, and the system would embrace over 100,000 acres of irrigable land. The present constructed system would be utilized as much as possible in the new and larger one, and therefore, now, when new work is necessary plans are made to so do it that it will fit into the new and larger system if that is ever built. 24455—14 43 674 INDIAN APPROPEIATION BILL. MAINTENANCE AND OPERATION. For some years maintenance and upkeep on this reservation has been ne- glected, and some of the canals and laterals had become almost useless. It was therefore necessaiy to clean and repair as much as possible; 47 miles of canals and main laterals were cleaned and 35 miles had the brush and weeds removed and many structures were repaired sufficiently to perform duty for the present. This work was limited by lack of funds. There is still much to do to bring the system up to a reasonable degree of efficiency, and maintenance and opera- tion charges will have to be assessed and collected annually. IKRIGATION AND FARMING CONDITIONS. The water supply was quite satisfactory during the year, especially on the Wapato unit, the Atanum experiencing the usual shortage beginning in July and extending through the remainder of the season. The crops in 1912 weie very good, and the outlook for 1913 is also good. The returns from the crops in 1912, however, were not satisfactory. Alfalfa sold for as low as $4.50 -in the stack, and some farmers left their third crop standing rather than cut and stack for such a low price. Potatoes were also low and were allowed in some cases to rot in the ground. Fruit was also low in price. It was not a successful year from the farmer's standpoint. However, some farmers who were financially able purchased stock and fed the farm products to it and made money. The farmer who was compelled to place his product upon the market .it an inopportune time hardly made expenses. REMARKS. It is the opinion of the superintendent of irrigation for this district that better results could be obtained by modifying the leases, especially as to length, and taking such steps (which might be quite drastic) as would induce the Indian to better cultivate and farm at least a portion of his allotment. It is also certain that the farmers, Indians and whites, will be compelled to organize for the purpose of scientifically disposing of their products. Mr. Chairman, we felt, in view of the fact that the Yakima water situation was being investigated by the congressional commission, that we should not attempt to forestall their conclusion by asking for legislation this year. The Chairman. Under this item we will work out what we want? Mr. Meeitt. Yes, sir. Mr. Eeed. This is just for maintenance and operation. Mr. Meeitf. The Yakima situation is an illustration of what the Indian is up against in connection with water rights. Here we had an official who was supposed to be the guardian of the Indians agree- ing to forfeit practically two-thirds of their water rights upon that reservation, and if it were not for the work of this congressional commission those Indians would have lost water rights estimated to be worth from $3,000,000 to $4,000,000. The Chairman. $15,000 will be necessary in order to provide for the extension and maintenance of this system during the next year, provided no legislation is had? Mr. Meeitt. Yes, sir. Mr. Caeter. It is estimated that the $15,000 will include any re- pairs or anything of that sort? Mr. Reed. Yes, sir ; that is, maintenance and operation. The Chaieman. What is the next item, Mr. Meritt ? Mr. Meritt. The next item reads: For support and education of 350 Indian pupils at the Cushman Indian School Tacoma, Wash., including repairs and Improvements, and for pay of superin tendent, $50,000, said appropriation being made to supplement the Puyalluj school funds used for said school. INDIAN APPEOPEIATION BILL. 675 The following justification is offered for the record : IncUan School, Tacoma, Wash. Fiscal year ending June 30, 1914, amount appropriated $50,000.00 Fiscal year ended June 30, 1913: Amount appropriated — . pr^ f.^^ f^ Amount expended Hi:::::::::::::: S em. 52 Unexpended balance ^ 314"4S This is not a final balance as there are probably outstanding obligations yet to be charged against the appropriation. ANALYSIS OF EXPBNDITTJHES. Salaries, wages, etc $18, 927 44 Traveling expenses _ gyg rjQ Telegraph and telephone service I I I~_I % 55 Heat, light, and power (service) 423! 16 Miscellaneous material 200 70 Stationery 81' 75 Fuel ___ — ::::::::: s, 549: eg Mechanics supplies §9 33 Cleaning and toilet supplies 444 68 Wearing apparel 6, 158. 38 Prpvisions 10, 278. 09 Equipment 3, 029. 45 Construction and repairs 566. 03 Medical supplies 295. 28 Miscellaneous 261.30 49, 685. 52 Statistical statement of Gushman Indian School for year ending June SO, 19lS. Value of school plant $219,077 Number of buildings 34 Number of employees 3D Total salaries $22, 940 Average attendance of pupils 3^ Enrollment 3® Capacity 350 Area of school lands acres 43 Cost per capita $145 Value of products of school Superintendent's estimate of needs for 1915 : Support $59, 350 Repairs and improvements 650 Total 60,000 Indian School, Tacoma, VPash., 1915, amount requested in proposed bill : Sup- port of 350 pupils and repairs and improvements, and for pay of superintendent^ $50,000. This amount was appropriated last year for the support of the school and, in conjunction with such Puyallup funds as may be available, it is believed will be sufficient to support the school and provide for necessary repairs and improvements. The amount of Puyallup funds that may be available will probably not exceed $18,000. The school is giving special attention to industrial training and therefore the demands for equipment and demonstrating materials are greater than in the average Indian school. It is virtually a trade school for the Indians of tbo Northwest. 676 INDIAN APPEOPEIATION BILL. Salary list of Cushman Indian School, Tacoma, Wasli., in effect December 20, 1913. [Payable from "Indian School, Tacoma, Wash., 1914."] Capacity, 350; enrollment, 382; average, 329. Salaries : Superintendent $2, 000 Clerk 1, 000 Assistant clerk 800 Physician 600 Assistant superintendent and disciplinarian^ 1, 600 Principal 1,000 Teacher 630 Do 630 Do 600 Do 600 Do 600 Instructor of forging 900 Manual training teacher__- 1, 200 Do 1,200 Matron 660 Assistant matron 500 Sa laries — Continued. Assistant matron Housekeeper Nurse Seamstress Laundress Baker C-ook Assistant cook Tailor Gardener Engineer 1,200 Fireman 840 Do 300 Laborer 500 Do 600 720 720 600 500 300 660 300 900 660 23,720 This is the same amount and the same language as in the last Indian appropriation act. Mr. Carter. Mr. Meritt, can you give us any information as to the amount of the Puyallup school funds mentioned in the latter part of this item that are used for this purpose? Mr. Meritt. There is over $100,000, Mr. Carter. Mr. Carter. Over $100,000? Mr. Meritt. Yes, sir. I will place in the record the exact amount Pvyallup School funds used at Cushman School during fiscal year 1913. CoDstnio- tion and repairs. other pur- poses. Total. Puyallup 4 per cent school fund Interest on Puy allxip 4 per cent school fund Proceeds of sale of Puyallup surplus school lands Total $8,642.67 4, 717. 64 10, 111. 40 $4,383.67 3,619.95 644.38 113,026.14 8,237.69 10,656.78 23,471.61 1,447.90 31,919.61 Mr. Carter. That would make $150,000 that is used for this school? Mr. Meritt. We do not intend to use all that money this next year. Mr. Carter. How much did you use last year ? Mr. Meritt. We used $21,000 last year. Mr. Carter. I wish you would put the exact figures in the record, so that we can have them. Mr. Meritt. Yes, sir. The statement as to the per capita cost should be changed. Mr. Carter. Where do these Puyallup funds come from ? Mr. Meritt. They are derived from the sale of certain Indian lands bordering on the city of Tacoma. All those lands have not yet been sold. There still remains some money due on certain lots sold and probably some remaining lots which have not been sold. Mr. Carter. The understanding with the Indians was that this money was to be used for school funds? Mr. Meritt. I do not know that there was an understanding with the Indians, but the money has been used for that purpose. INDIAN APPKOPEIATION BILL. 677 Mr. BuEKE. I think there was an agreement. The Indians had a tract of land adjoining the city of Tacoma? Mr. Meeitt. Yes, sir. Mr. BuEKE. It was sold and the proceeds went into a fund to be used for school purposes, as I remember it? Mr. Meeitt. That is the way it has been done. Mr. Bueke. It is only the interest which we are using, 4 per cent ? Mr. Meeitt. We have been using part of the principal. Mr. Bueke. I think the law provides for that. There are 43 acres of land which belong to this school ? Mr. Meeitt. There is a small school farm there. Mr. Bueke. It is pretty valuable? Mr. Meeitt. Yes, sir; it is right adjoining the city of Tacoma. Mr. Bueke. The superintendent at this school supervises the affairs of some of the reservations in that part of the State of Washington, does he not ? Mr. Meeitt. Yes, sir. Mr. Bueke. Do you believe that you can get the service that you ought to hav& upon such reservations by having the superintendent of the school at Tacoma supervise the affairs of these different agencies ? Mr. Meeitt. There is a proposition pending before the office now to segregate the Quinaielt Reservation from the Tacoma school. Mr. Bueke. There has been oil recently discovered or prospected ? Mr. Meeitt. There is a prospect of oil being discovered on the Quinaielt Reservation. There is some very valuable timber on this reservation. Mr. Bueke. I got the impression when at Tacoma visiting this school that the superintendent really could not render very much service to the Indians which you could not render directly from the oflBce here. My recollection is that he did not visit the reservations oftener than once in a year, but I may be mistaken as to that. Mr. Meeitt. The Commissioner of Indian Affairs has recently made a change in the superintendent at that school. The Chaibman. Has the change been made since the committee visited there? Mr. Meeitt. Yes, sir. There is a supervisor in charge at this time. A permanent superintendent has not been selected. Mr. Bueke. Who is there. Dr. McChesney ? Mr. MBEirr. Yes, sir. The Chaieman. What is the next item, Mr. Meritt? Mr. Meeitt. The next item reads : For the support and education of 210 Indian pupils at the Indian school a1 Hayward. Wis., and pay of superintendent, $36,670 ; for general repairs and im provements, $6,000; in all $42,670. The following justification is offered for the record: Indian School, Hayward, Wis. Fiscal year ending June 30, 1934, amount appropriated $40, 670. OC Fiscal year ended June 30, 1913 : oa i7n fv Amount appropriated 39, 170. W Amount expended °^' ■^^-'- '*^ Unexpended balance 5, 957. j^ This balance is yet available for settlement of any outstanding obligations. C78 IKDIAN APPROPEIATION BILL. ANALYSIS OF EXPENDITURES. Salaries, wages, etc $14,507.08 Traveling expenses 10. 05 Telegraph and telephone service 54.62 Miscellaneous material 101. 88 Stationery 43.37 Fuel 4, 548. 25 Mechanics' supplies 15. 65 Cleaning and toilet supplies 332.03 Wearing apparel 4, 707. 66 Forage 535.30 Provisions 1 4, 955. 42 Equipment 1, 763. 48 Construction and repairs 1,169.38 Medical supplies , 192. 14 Miscellaneous 276.*15 33, 212. 46 Also $18 000 in 1913 act for building. Contract has been awarded for construc- tion of an addition to one of the school dormitories, for which this appropriation was made. Statistical statement for year ending June 30, 1913. Value of school plant l $79,690 Number of buildings 17 Number of employees 22 Total salaries $14, 120 iiverage attendance 173 Enrollment 196 Capacity 150 Cost per capita $185 Area of school farm acres 640 Value of products of school $4,465 Indian school. Hay ward. Wis., 1915, amount requested in proposed bill : Education and support of 210 pupils, including salary of superin- tendent $86,670 Repairs and improvements 6,000 Total 42,670 The amount requested for support and general maintenance expenses Is the same as that appropriated for the same purposes during the current fiscal year. An increase of $3,.500 over the amount appropriated for a like purpose foi- the fiscal year 1914 has been requested in the item of repairs and improvements for this school for 1915, as it is proposed to carry on a number of building im- provements, such as laying new fioors, painting and kalsomining, and minor repair work which the present condition of the plant imperatively demands. A nonreservation boarding school located on 640 acres of Government land. There is no reservation in its true sense under the .iurisdiction of this school, but through officers stationed there field supervision is maintained over the Indians, a number of whom have heretofore received allotments or homesteads on the public domain. Salary list in effect Dec. 20, 1913. [Payable from "Indian school, Hayward, Wis., 1914."] Capacity, 150; enrollment, 396; average, 178. Salaries : Superintendent $1, 650 Clerk 1, 000 Financial clerk 600 Physician 1,100 Disciplinarian 720 Teacher 750 Do 630 Do 600 Do 600 Industrial teacher 840 Matron 660 Assistant matron 540 Salaries — Continued. Assistant matron .$300 Nurse 720 Seamstress 540 Laundress 500 Baker 540 Cook 540 General mechanic 720 Engineer 720 Laborer 450 Do 300 15, 020 INDIAK APPEOPKIATION BILL. 679 The only change in this item is the increase for general repairs and improvements from $4,000 to $6 000 S«"«iAi repairs The Chaiemax Why do you find that necessary? Does the same reason apply to this school ? ' ^ Mr. MERi'rr Yes, sir. The buildings at this school are in need of repair. The funds heretofore appropriated for that purpose have not been adequate to keep them in proper repair P"^i'"''« nave mJ^mSu™' ^ ''°*'''^ ^^''^ *^^ P''"' '^P'*'' cost "there is pretty high, Mr. Meeitt. Yes, sir; the per capita cost is a little high. thS""" ™ ^^^ ^^**^^ §"'^ "^ ^o"ie special justification for Mr. MEEirr. The justification for that is the small number of pupils attending the school. The average attendance is 173 The overhead charges at these schools are almost the same as at a school which would have 350 attendants. I believe that would be a iusti- bcation ±or the large per capita cost at this school. The Chaieman. What is the next item, Mr. Meritt? Mr. Meeitt. The next item reads — For support and education of 250 Indian pupils at tlie Indian school, Tomah Wis., and for pay of superintendent, $43,450 ; for general repairs and improve- ments, $6,000 ; in all, $49 450 : Provided, That the appropriation of $2 500 for repairing and rebuilding a barn at the Tomah School, contained in the Indian appropriation act of August 24, 1912 (37th Stat. L., p. 538), Is hereby made available for the purpose for which appropriated, and shall remain available until expended. The following justification is offered for the record : Indian school, Tomah, Wis. Fiscal year ending June 30, 1914, amount appropriated $63,450.00 Fiscal year ended June 30, 1913 : Amount appropriated 52, 950. 00 Amount expended 48, ill. 78 Unexpended balance 4, 838.29 This is not a final balance as there are probable outstanding obligations yet to be charged against the appropriation. ANALYSIS OF EXPENDITURES. Salaries, wages, etc $17, 751. 87 Traveling expenses 15. 41 Telegraph and telephone service 54.65 Heat, light, and power (service) 975.47 Miscellaneous material 678. 40 Stationery 28. 61 Fuel 5, 602. 40 Mechanics' supplies : 66. 60 Cleaning and toilet supplies 269. 71 Wearing apparel 6, 600. 10 Forage J 861. 65 Provisions 6, 311. 51 Equipment 2, 535. 66 Construction and repairs 5,900.78 Medical supplies 192. 93 Miscellaneous 266.21 48, 111. 96 680 INDIAN APPEOPBIATION BILL. Statistical statement for year ending June SO, 1913. Value of school plant $132,348 Number of buildings 23 Number of employees 29 Total salaries $19, 349 Average attendance of pupils 231.9 Enrollment 277 Capacity 250 Cost per capita $182. 02 Area of school lands acres 340 Value of products of school $4,780 Superintendent's estimate of needs for 1915 : Support : $45,^25 Repairs and improvements 4,000 New buildings 15, 000 Total 64,925 Indian school, Tomah, Wis., 1915, amount requested In proposed bill : Support of 250 pupils and superintendent's salary 43, 450 Repairs and improvements 6,000 Repairing and rebuilding barn 2,500 Total 51,950 This school is administered In an economical manner, and was maintained last year at a cost per cepita of $182.92, which is based upon the average attendance of pupils. The school plant, being an old one, requires extensive repairs to keep it in fair condition. There are 23 buildings to be cared for in the way of painting, repairs tb floors, windows, steps, stairs, as well as numerous other general repairs and improvements. The item of $2,500 Included in the above estimate for repairing and rebuild- ing bam is intended to replace a similar item for the same amount incorporated into the Indian appropriation bill for 1913. This has been made necessary in view of the fact that the item In question lapsed at the close of the fiscal year 1913 before the superintendent was able to start work, on this project. Under a misapprehension as to the availability of this item a number of expenditures with charge thereto have been incurred during the current fiscal year, and this indebtedness should be settled before proceeding with the work. The Item has been worded with the intention of making it available for any indebtedness which has already been incurred in connection with the dairy barn. The school being located in the center of a large Indian community, was filled to its capacity last year and will continue to be so filled. A nonreservation boarding school located on 340 acres of Government land.' No Indian reservation in its true sense. Supervision is maintained through offi- cers connected with this school over Indians located in that vicinity, both allotted and unallotted. Salary list in effect December 20, 1913. [Payable from " Indian School, Tomah, Wis., 1914."] Capacity, 250; enrollment, 277; average, 235. Salaries : Superintendent $2, 000 Financial clerk_ Property clerk_ Physician Disciplinarian-. Teacher Do Do Kindergartuer. Matron Salaries — Continued. 000 Assistant matron $500 900 Do 300 660 Do 1 300 600 Housekeeper 600 «()() Assistant matron 500 750 Seamstress 540 630 Assistant seamstress 300 540 Laundress 480 600 Baker 500 660 Cook 600 INDIAN APPEOPKIATION BILL. 681 Salaries — Continued. Assistant engineer, Laborer Do $30C 60C 48C 17, 86C Salaries — Continued. Assistant cook $300 Dairyman 500 Parmer 1, 000 Assistant farmer 300 Carpenter 720 Engineer 900 The Chairman. Is there any special statement you would like tc make about that? Mr. Meeitt. We would like to invite attention to the fact, Mr. Chairman, that this is one place where we are decreasing the esti- mates for general repairs and improvements. Last year we had $10,000, and this year we are only asking for $6,000. The total ap- propriation we are asking for this year is only $49,450, whereas last year we had an appropriation of $63,450. The Chairman. What unexpended balance did you have last year? Mr. Meeitt. The justification shows an unexpended balance oi $4,838.29, and there is at this time an unexpended balance of $2,689.84, The Chairman. I notice you have added the following proviso : Provided, That tbe appropriation of $2,500 for repairing and rebuilding a barn at the Tomah School, contained in the appropriation act of August 24, 1912 (37 Stat, p. 538), is hereby made .ivnlliible for the purpose for which appropriated, and shall remain available until e3cpended. Why is it necessary to have that language in the bill ? Mr. Meeitt. That is necessary, Mr. Chairman, for the reason we did not let the contract for the construction of this building during the fiscal year, and the appropriation lapsed. I must confess that was poor administration. The Chairman. It would seem better legislation for us to reappro- priate this amount, and add this to the general amount appropriated in this bill than to appropriate it in this way, would it not? Mr. Meeitt. Either way would be satisfactory to the office, Mr. Chairman. Mr. Carter. Mr. Meritt, why was not this barn built last year ? Mr. Meeitt. Mr. Carter, I am not able to justify that kind oi administration. Mr. Caetee. Do you not think if they could get along without it last year when they had a chance to build it, they could get along without it this year when they have no chance to build it? Mr. Meeitt. I am not going to urge this appropriation, Mr. Carter, Mr. Caetee. I think when an appropriation stands for 12 months and nothing is done with it we ought not to be called upon to reappro- priate it. Mr. Meeitt. Mr. Chairman, I would state that only very recently we have called the attention of our construction section to the delay in getting the construction work started as a result of the appropria- tions by Congress, and hereafter this will not occur; and if it does the construction people will have to answer to the Commissioner oi the Indian Office. The Chaieman. Do you not think you would better not ask foi your first appropriations until you are ready to use them ? Mr. Meeitt. We are ready to use them and we actually need this appropriation, but it was poor administration that resulted in noi constructing the building. The Chaieman. What is the next item ? 682 INDIAN" APPBOPKIATION BILL. Mr. Meeitt. The next item reads : For support and civilization of the Chippewa s of Lake Superior, Wisconsin, Including pay of employees, $10,000. We offer for the record the following justification : • Support of Chippewas of Lake Superior, Wis. Mscal year ending June 30, 1914, amount appropriated !f7, ODD. 00 t'iscal year ended June 30, 1913 : Amount appropriated 7, 000. 00 Amount expended 6, 709. 82 TTnexpended balance 290.18 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 4,044.08 traveling expenses 118. 81 ^Telegraph and telephone service 124.48 Miscellaneous material 18. 71 Stationery 2.83 Fuel 79. 18. Wearing apparel 21. 14 Forage 427. 17 trovisions 724. 50 Equipment 407.70 Medical supplies 709. 64 Miscellaneous 31. 58 Total 6, 709. 82 Amount asked for, $10,000. The work of the Indian Office among the Chippewa Indians of Lake Superior, \Vls., has been greatly handicapped by the fact that appropriations heretofore allowed have been inadequate to meet the needs of the service. There are 4,100 Indians in the State on three reservations, to wit: Bad River (under the super- intendent of the La Polnte School), Lac Courte Oreille (under the superintend- ent of the Hay ward School), and the Eed Cliff Reservation and superintendency. These reservations are either so scattered or the responsibilities so great that they can not be administered properly from one point. A great many of the Indians of the Bad River Reservation (under the La Pointe School) have large Bums of individual Indian moneys, the aggregate amount being over $2,000,000, Which the superintendent must administer as trust funds, and this is enough i-esponsibility for one man. The Red Cliff Reservation is the nearest geograph- ically to the La Pointe School, but the needs of the Indians there located re- quire the personal attention of a wideawake superintendent, the Indians thereon having spent most of their trust funds and their welfare requiring the personal attention of an interested official to bring them to a self-supporting basis. The affairs of the Lac Courte Oreille Reservation are administered by the superin- tendent of the Hayward Training School, the reservation being located a short distance from that superintendency and being much nearer thereto than the La Pointe School, which formerly had jurisdiction. The timber is being cut rapidly from these reservations, and the Indians who have heretofore made their living following the various branches of the lumber Industry will Shortly have to find some new means of livelihood. The soil on their reservations, when the land is properly drained, produces good crops, and Iheir future salvation depends upon their being brought to a due appreciation of the soil qualities of their allotments. This can not be done with the present small appropriation of $7,000, and hence the increase of $3,000 over that amount herein asked for. From the following it will be seen that the appro- priation is too small for present needs to say nothing of the constructive Work which must sooner or later be attempted. For salaries only it was hecessary during the present fiscal year to supplement this appropriation to the extent of $2,100 from the emergency appropriation " General expenses, In- dian Service, 1914." Moreover, in the appropriation for the present fiscal year (1914) Congress provided In part * * * " That the Commissioner of Indian INDIAN APPEOPEIATION BILL. 683 Affairs is liereby authorized to allow employees in tlie Indian Service wbo are furnished quarters, necessary heat and light for such quarters without charge, such heat and light to be paid for out of the fund chargeable with the cost of heating and lighting other buildings at the same place," * * * but it has been found necessary during the present fiscal year to refuse to allow requests for fuel to employees, because the whole of the above appropriation had been hypothecated and there was no money from which to authorize the same. The allotted Indians belonging to this band are divided into the following tribes : Tribe. LaeCourteO'Reille iac du Flambeau . . LaPointe Total Indians allotted. 876 589 1,063 2,528 Area allotted. Acres. 68,511 44,877 83, 871 197,259 Area un- allotted. Acres. 403 26, 153 46, 613 73.169 As the allotments were made many years ago a large number of Indians subsequently enrolled, and children born since prior allotment work have -acquired rights. At La Pointe alone it is estimated that there are 500 unal- lotted Indians with an available acreage for allotment purposes of about 45,000 acres. Lands on these reservations, both allotted and unallotted, are heavily timbered, with few exceptions, and on the allotted lands the timber is being sold for the benefit of the allottees. The lists of agency employees for the Wisconsin Chippewas are submitted here. HAYWARD, WIS. Position. Rate of pay. Total. Payable from — Miscellaneous: SI, 200 p.m. 20 1,080 p.m. 50 p.m. 85 «1,200 480 1,080 500 425 Industrial work and care of timber, 2 privates ^ 1914. Pav of Indian police, 1914. Industrial work and care of timber. 2 forest guards, 5 months 1 scaler 5 months 1914. Do. Expense account fcr scaling timber. LAC DU FLAMBEAU, WIS. Indian: 1 laborer and acting interpreter Miscellaneous: 1 farmer 2 judges 1 chief of police 1 scaler 1 forest guard, 6 months 3 forest guards, months Indian moneys, proceeds of labor, Lac du Flambeau Indians. Industrial work and care of timber, 1914. Pay of judges, Indian courts, 1914. Pay of Indian police, 1914. Individual Indian moneys (expense account). Indian moneys, proceeds of labor, Lao du Flambeau Indians. Industrial work and care of timber, 1914. LA POINTE, WIS. White: 1 clerk. . 1 physician (Bad River). Support of Chippewas of Lake Superior, 1914. Do. 084 INDIAJS APPBOi'BIATIOJS ±J11.L. LA POINTE, WIS.— Continued. Position. Eate of pay- Total. Payable from— p. m. 70 p. m. 70 1,400 960 840 1,080 p.d. 7 p.d. 3. 60 840 360 1,200 900 p. m. 50 p. m. 30 70 $210 210 1,400 960 840 1,080 630 315 Individual Indian moneys (expensB Do account). Do. Do. Do. Do Do. Do. Do. 3 compassmen, 30 days ^ Do. 5,745 840 360 General expenses, Indian Service, 1914. Indian: Support of Chippewas o f Lalte Superior, 1914. Miscellaneous: 1,200 900 Industrial work and care of timber, 1914. Do. 2,100 600 360 Pay of Indian police, 1914. Do. 960 1,680 Industrial work and oare of timber, 1914. 1 And actual necessary traveling expenses, exclusive of subsistence. BED CLIFF, WIS. White: 1 physician. 1 financial clerk. 1 stenographer. 1 laborer 1 interpreter Miscellaneous: 1 farmer 1 forest guard.. 1 private. S600 720 $600 720 900 720 300 840 900 p.m. 30 1,320 900 720 300 1,920 840 900 1,740 360 Support of Chippewas of Lake Superior, 1914. Do. General expenses, Indian Service ,1914. Do. Do. Industrial work and care of timl3er,1914. Do. Pay of Indian police, 1914. TOMAH, WIS. White: 1 clerk Miscellaneous: 1 interpreter. 1 private $900 180 p.m. 20 $900 180 240 General expenses, Indian Service , 1914. Do. Pay of Indian police, 1914. Mr. Burke. Mr. Meritt, it would appear from your justification in this instance that you expended at this agency $2,000 more than was appropriated out of the appropriation for general expenses. Mr. Meeitt. Yes, sir. Mr. BuRicE. So that when we make a specific appropriation, such as this, it does not mean that that is the amount that is going to be INDIAN APPEOPEIATION BILL. 685 expended at that agency for support and civilization, including oav of employees? * ^ "^ Mr. Mekitt. We may supplement that appropriation, when it is absolutely necessary, by our emergency appropriation, and we con- sider that this is an emergency case on this reservation. Mr. BtJEKE. I am going to call your attention again to House Docu- ment No. 328, Sixty-third Congress, second session, to the item on page 17, under the head of "Wisconsin, Chippewas of Lake Su- perior." In the column headed " For salaries of employees " there appears to have been expended $36,961.25 during the last fiscal year. I would like to be informed as to what those salaries are and from what fund they are paid, and, further, if $37,000 can be paid for the salaries of employees from funds other than those appropriated, namely, froni Indian funds, why can not the entire expense of the agency be paid from Indian funds? Mr. Meeitt. This amount that you mention, Mr. Burke, comes from other items in the bill. For example, that would include school em- ployees who are provided for out of the general school-support fund. We will get up a statement showing that information. Mr. BuEKE. See whether there are any employees at this agency being paid from Indian money; and if so, whether all of them can not be so paid. They seem to have a balance to their credit of $114,627.52. Mr. Meeitt. The information requested is as follows : Ghippeioas of Lake Superior, expended from " Indian moneys, proceeds of lahor, 191S. For salaries and wages, Lac du Flambeau $1, 510. 17 For supplies, etc., Lac du Flambeau 3,846.28 Total . 5, 356. 45 The sum of $114,627.52 shown in House Document 328 belongs to the Lac du Flambeau Band, exclusively, and is not available for any of the other bands of Chippewa Indians of Lake Superior. Wisconsin, Chippewas of Lake Superior, $86,961.25 paid for salaries, page 17, House Document No. 328, as follows : Support of Chippewas of Lake Superior, Wis., 1913 $2, 714. OS Pay of police, 1913 2, 039. 66 Pay of judges, Indian courts, 1913 161. 00 Pay of Interpreters, 1913 55. 00 General expenses. Indian Service, 1913 378.00 Industrial work and care of timber, 1913 5,988.33 Indian schools: Support, 1913 15,300.70 Indian moneys, proceeds of labor 1, 510. 17 Miscellaneous receipts, class 4 50. 50 Individual Indian money ' 8, 763. 81 Total 36, 961. 25 The above Is for salaries of the agency and school employees at La Pointe and Lac du Flambeau and agency employees at Hayward — for the Chippewas of Lake Superior, in Wisconsin, generally. The $114,627.52, Indian moneys, shown in House Document 328 belongs to the Lac du Flambeau Band and can not be used for the Chippewas in Wisconsin in general. The Chaieman. What is the next item? Mr. Meeitt. The next item reads : For support, education, and civilization of the Pottawatomie Indians who reside in the State of Wisconsin, including pay of employees, $7,000. 686 INDIAN APPROPBIATION BILL. We offer for the record the following justification : Support of Pottawatomies, Wisconsm. Fiscal year ending June 30, 1914, amount appropriated $7, 000. 00 Fiscal year ended June 30, 1913 : Amount appropriated 7, 000. 00 Amount expended 5, 317. 64 Unexpended balance.^ 1,682.36 ANALYSIS OF EXPENDITtTRES. Salaries, wages, etc 2,478.30 Traveling expenses 1> 216. 73 Telegraph and telephone service 18. 00 Wearing apparel 162. 55 Forage 412.50 Provisions 354. 95 Equipment 265. 55 Medical supplies 8. 50 Seed 381. 06 Miscellaneous 19.50 5, 317. 64 There was also expended from the appropriation " Support of Pottawato- mies, Wisconsin," without year, $1,255.68, leaving a balance of this fund of $15,577.34. Amount asked for, $7,000. The scattered bands of the Potawatomi Indians in Wisconsin number 593,- and they are spread in groups of from 11 to 150 in nine counties of northern Wisconsin. Before the Carter superintendency was created, complaints were received constantly in regard to the suffering of these Indians, but have entirely ceased at the present time. The work, covering as it does such a wide territory, necessarily involves a great deal of travel. The plan has been to issue rations only in cases of absolute necessity, and to use every effort to get work for the Indians. The superintendent in charge has established business relations with a number of the different lumbermen in that part of the State, and although Indian labor is not popular he has succeeded in getting employment for his charges to such an extent that the comparatively small amount of $354 was all that was spent for provisions in the fiscal year ending June 30, 1913. The accompanying statement of funds shows the various expenditures during the fiscal year ending June 30, 1913, and their reasonableness is apparent. A comparatively large balance, over $1,600, was returned to the Treasury as unexpended, but in this connection attention is Invited to the fact that the proba- bilities are that the whole amount of the appropriation will be more than re- quired in the fiscal year now being estimated for to cover the certain expenses attached to starting the Indians upon the allotments, the purchase of which this fiscal year's (year ending June 30, 1914) appropriation provides for. CARTER, WIS. Position. Rate of pay. Total. Payable Irom- Miscellaneous: 1 financial clerk. 1 laborer and acting interpreter . 1 physician i$900 1720 $900 720 1,620 1,000 Support of Potawatomies in Wisconsin,. 1914. Do. Do. 2,620 J And actual necessary traveling expenses, including sleeping car, incidentals and subsistence wbeni actually employed on duty in the field and away from headquarters. INDIAN APPROPRIATION BILL. 687 The Chairman. What is the next item ? Mr. Mekitt. The next item i*eads: For Improving sanitary conditions among the Chippewa Indians of the Bad Eiver Reservation and for diking the Bad Elver to prevent the overflow of sal(J river and damage to Indian homes on tribal lands, $8,000, said sum to be reim^ bursed to the United States from any moneys which are now or which may here- after be placed to the credit of the Bad River Band of Wisconsin Chippewa Indians. This is a reimbursable appropriation, the amount of which is to be returned 'to the United States from such funds as may later come into the possession of the Bad River Band of Chippewa Indians — from the sale of lands in the towa site of Odanah and from other sources. There have been several serious floods at the Indian town of Odanah on the Bad River Reservation, Wis. A very severe one about four years ago caused a great deal of damage in the town and last spring the bridge over the river was washed out. The actual damage done by the floods, however, is not as impor- tant as the fact that under present conditions the water from the river backs up onto the lands occupied by the Indians' houses, collects under the houses and in the streets, and lies In stagnant pools and places the population in constant danger of an epidemic. The Government physician at Odanah has re- ported an excessive typhoid rate, and good fortune alone has prevented a more serious outbreak. It Is impossible to make this expenditure from the regular support fund : " Support and civilization of the Chippewas of Lake Superior," as the total in this and previous years has not amounted to that needed. Every cent of the appropriation in question is required for the administrative purposes of the three Chippewas of Lake Superior agencies. Supervisor Michael in a report of June 22, 1913, states : "The last census shows that 1.140 Indians reside in the village of Odanah, this being about 75 per cent of the entire reservation population. I have gone over the entire village and also visited the difiCerent tribes of the Bad River Reservation with a view to getting correct information as to the sanitary condi- tions upon this reservation and in the village of Odanah. In a general way the conditions upon the reservation are good, while in sections of the village the conditions are not what they should be. Especially is this the case along the north side of Bad River. This part of the river overflows each spring and leaves the back yards in an insanitary and unsightly condition Outhouses in this section in many cases are open. Some are placed upon short piling, and the piling boxed up to act as a vault. During hot weather I am informed that the stench from these privies and adjacent stagnant pools is very bad. I would suggest that some effort be made to correct ths unsightly and very insanitary '^°"A few cases of typhoid fever occurred during the past year and one case is now inThe vtLge. The water supply is from deep wells, and this is, m my opinion, the saving provision against disease. c!„„ot^ r^nonmonf- ift^S The report of the Public Health Service, published m Senate Document 1088. '*"*Some^years ago an outbreak of typhoid fever took place among the Indians of the La PoYnte Agency, Odanah, Wis. The origin of these cases seeded to be der^ed from the contamination of wells by the frequent overflow of the B^^^ River. Since deep wells have been bored, typhoid fever has disappeared irom 'ThI Bad' R^vfr 'overflows its banks every year, leaving ^s trail of sickness anrdiseasl If a result, of the --^It-y/?,-,^"--,^;^?,^^^ '^^Xn^aet Odanah, action looking to the prevention of these conditions is urgently The Bad River Reservation is under the La Pointe Indian ^^hooi. it^ « created by treaty and embraced originally upward of mOM J^ 83,800 acres have been ?"otted to 1,063 Indians, i he pre allotment allotted Indians approximates 500, with an avauame cVLieag purposes of about 45,000 acres. The Chairman. This is a new item, I believe. rhairman Mr. Mekitt. This is a reimbursement appropriation Mr. Chairman and it is to correct a very bad condition that prevails in that Indian town. 688 INDIAN APPEOPBIATION BILL. The Chairman. What is the number of Indians in this band? Mr. Meeitt. One thousand one hundred and forty Indians, who reside in the village of Odanah. ' The Chairman. That is their headquarters? Mr. Meritt. That is the headquarters of the Indian agency; yes, sir. The Chairman. Did you find that this overflow causes disease or distress among the Indians ? Mr. Meritt. Yes, sir. We have an extract from the report of Su- pervisor Michael, dated June 22, 1913. The Chairman. Do you know that the Indians are desirous that this be done ? Mr. Meritt. Yes, sir. The Chairman. In what way? ]\Ir. Meritt. I think the Indians will not object to using their funds for this purpose, provided they can get the improvements. Mr. BxjRKE, Do the justifications say in what way we expect to spend the money ? Mr. Meritt. We expect to construct dykes to prevent the water from flooding these Indian homes. Mr. BtJEKE. If this appropriation is made, will it be sufficient to correct those conditions without an annual appropriation to be made hereafter ? Mr. Meritt. We expect this one appropriation will cure these con- ditions. The Chairman. What is the next item ? Mr. Meritt. I believe that finishes the health items, Mr. Chairman. Mr. Burke. I want to ask Dr. Murphy one or two questions before we leave this health item. On Saturday T called attention to the fact that the justifications for the $200,000 item for relief of distress, treatment of disease, etc., showed an analysis of the amount appro- priated for the present fiscal year, and requested that we be furnished with an analysis of how it is expected to expend the appropriation which is being asked for in this bill. Have you that justification? Dr. Murphy. I have it here, Mr. Burke [handing document to Mr. Burke] . Mr. Burke. Doctor, isn't this practically the same analysis that you have already furnished and has reference entirely to the appropria- tion that is now available ? Dr. MuRPHT. It shows the analysis for 1914, and on the outside col- umn the amount which is expected to be expended for 1915. Mr. Burke. Without itemizing it 1 Dr. Murphy. Without itemizing it, because to a large extent the items are largely the same. It is expected to continue the work which has already been started. The greatest change which might be shown in it is the fact that $15,000 will be devoted to an educational cam- paign for the prevention of disease. Mr. Burke. Take the first item, or the second item, rather. The analysis for this year is $54,000^ and your estimate for the next fiscal year is $50,000. Dr. Murphy. Yes, sir. Mr. Burke. There is new construction and repair of $16,000 in the analysis for this year's appropriation. Do you estimate that we INDIAN APPEOPEIATION BILL. 689 are going to require more for subsistence, salaries, etc., by reason of an increased attendance? • Dr. MuEPHY. Yes, sir ; it is estimated that 140 patients at approxi- mately $420 a year would ordinarily cost $55,000. We have esti- mated that the annual cost of maintaining the sanitarium will be approximately $50,000. Mr. BuEKE. On the Sacs and Foxes you are expending $40,000 this year, but you only estimated $20,000. Dr. MuEPHY. That is based on the ground that the initial cost of construction and repair which is being undergone during the present fiscal year will be lessened, and the cost of 70 patients at an average of $420 a year would be about $25,000, and we have reduced that so as to use the proposed expenditure of about $20,000. Mr. BuEKE. Your item of " Educational campaign for the pre- vention of disease, $15,000 " ; is that to be expended as you indicated the other day in the education in schools, lantern slides, and things of that kind? Dr. MuEPHY. Yes, sir; along those lines. Mr. BuEKE. A good part of it would be expended in traveling ex- penses, wouldn't it? Dr. MuBPHY. I believe not, Mr. Burke. We will be able to or- ganize our campaign so that the present force employed at the various schools will be able to handle the most of it. The Chaieman. I would like to ask a question right there. What do you mean by " educational campaign " ? Dr. Mtjephy. We have one already in progress where we are dis- tributing stereoptican slides and educational material for use in instructing the Indians along the lines of the cause and prevention of disease. We wish to extend that campaign so that the entire service will receive as thorough a knowledge as it is possible to give them of the cause, treatment, and prevention of tuberculosis and trachoma, the sanitary care of the home, and the sanitary care of themselves. Mr. BuKKE. Those exhibitions are given to the Indians at their homes ? Dr. MuEPHY. Those exhibitions are given to the Indians at their homes and at the schools. . Mr. BuEKE. Before you conclude. Doctor, I want to ask you whether or not there is anything in what you have submitted with reference to the treatment and care of Indians afflicted with trachoma or tuberculosis that is new or original, or whether the plan is one that has been in contemplation by the office for some time and this is in line with that plan ? Dr. MuEPHY. I would say this is in line with the plan of the Office in gradually extending the health work. Mr. BuEKE. And is the result of investigations that have made that Congress has heretofore authorized ? Dr. MuEPHY. Yes, sir. Mr. Caetee. I want to ask him just one question. Doctor, do you think the climate in Oklahoma — a climate and an altitude can be found favorable to the treatment of tuberculosis there? 24455—14 44 690 INDIAN APPROPEIATION BILL. Dr. Murphy. Yes, sir. I believe that a successful sanitarium for the treatment of tuberculosis could be maintained in Oklahoma. Mr. Cartee. Where would you think that climate is ? In what part of the State? Dr. Murphy. I think, Mr. Carter, that almost any part of the State would be suitable for the treatment of tuberculosis, but espe- cially those parts of the State having the highest altitude. I can not give them to you right now. Mr. Carter. The white people there, and the Indians too, for that matter, when they get tuberculosis, go to Arizona and New Mexico, and they leave Oklahoma ; isn't that a fact ? Dr. Murphy. Arizona and New Mexico undoubtedly have a better climate than has Oklahoma for the treatment of tuberculosis on ac- count of the dryness and because of the higher altitude. But, never- theless, it is the belief of the medical profession that tuberculosis can be treated at~"almost any place provided the proper precautions are carried out. The Chairman. We will take a recess until 10 o'clock to-morrow. (Whereupon, at 11.58 o'clock a. m., the committee adjourned until Tuesday, December 16, 1913, at 10 o'clock a. m.) Mr. Meritt. The next item reads: The money appropriated In section 24 of the Indian appropriation act of June 30, 1913 (Public No. 4), for the purchase of allotments for the individual members of that portion of the Wisconsin Band of Pottawatomie Indians now residing in the States of Wisconsin and Jlichigan, is hereby made available for the purposes for which appropriated and shall remain available until ex- pended. Congress appropriated $150,000 out of the funds due the Wisconsin Band of the Pottawatomie Indians to purchase lands for them in the last Indian appropriation act. We will find it difficult to close up this transaction within the fiscal year, and this is simply to enable the department to utilize the appropriation during the next fiscal year. Mr. Sells. It can not be done in a businesslike way within the present year. Mr. Meritt. We are expediting it in every way possible, but it will require a little more time. Mr. Burke. What is the procedure there with reference to the pur- chase of land ? That is, what is contemplated ? Does this justifica- tion state that? Mr. Meritt. I think the justification states it, but I will be glad to read it. We offer the following justification in support of this item: Purchase of allofmoits for Wisconsin Band of PottaioatonUes, Wisconsin and Michigan (reirnbursaMe) . Fiscal year ending June 30, 1914, amount appropriated $150, 000 Fiscal year ended June 30, 1913, no appropriation. The item provides that the amount appropriated by the act of June 30, 1913 (Public No. 4), $150,000, for the purchase of lands for the Wisconsin Band of Pottawatomie Indians residing in the States of Michigan and Wisconsin, shall remain available therefor until expended. By the act of June 21, 1906 (34 Stat. L., 380), Congress in effect recognized the claim of the Pottawatomie Indians of Wisconsin and Michigan, amounting INDIAN APPBOPKIATION BILL. 691 to'$447,339 as their share of annuities and moneys to which thev would have been entitled^ ^^i^ ,t^ey removed to Kansas in accordance with the treaty of September 26 1833 (7 Stat. L., 431), and directed that the Secretary of the Interior mvestigate their claims and make an enrollment and a report to Con- gress thereon. " A clerk of the Indian Office was detailed for the purpose. His report dated December 18, 1907, printed in House rxicmuent Xo. 830, Sixtieth Congress, first session, shows that 457 Indians were enrolled .ns belonging in the United States The claim in brief arose from the said treaty of 18.33 with the United Natioii of Chippewa, Ottawa, and Pottawatomie Indians who ceded to the United States certain tracts of country in Wisconsin and Illinois, and agreed to move west of the Mississippi. A part of the tribe so removed and the remainder fled to northern Mchigan, Wisconsin, and Canada. The annuities and other tribal benefits arising from their treaties with the Government ^ere paid only to those who removed west of the Mississippi, upon the supposition that the refugee branch of the tribe had forfeited all claims on the Government by reason of the failure to remove in accordance with the said treaty of 1833. It was said in the report, printed in House Document 830, that the propor- tionate share of the Potawatomies and their descendants who did not f^o remove was $1947,339 — the share of those found to be residing in the Ignited States bemg $447,339 and those in Canada about $1,500,000. No definite action was taken by Congress until 1910, when by the act of iVpril 4 of that year (36 Stat. L., 269) an appropriation of $25,000 was made for the support, education, and civilization of these Indians. Relief was ac- cordingly granted in needy cases. By the act of March 3, 1911 (36 Stat. L., 1058), the previous appropriation of $25 000 was made available until expended. The act of August 24, 1912 (37 Stat. L., 518), appropriated $7 000 "For support, education, and civilization of the Potawatoml Indians who reside in the State of Wisconsin." Under these appropriations some aid has been expended in cases of suffering iind a school has been established for these Indians near Carter, Wis. From the investigations made in the field as to the condition of these Indians it appears that they are widely scattered in northern Wisconsin and Michigan; that those residing in the United States have no fixed homes, but roam from place to place, picking berries, etc., and ekeing out a precarious living; that some few — principally those located about 7 miles east of Carter — have home- steaded small tracts of land upon which they have made clearings and erected rude log houses; and that the other groups are living in shacks on sm.all clear- ings in the forests or wherever vacant land could be found, and are from time to time forced by the owners thereof " to move on." It was also found that many of these Indians were poorly nourished and illy clad, and absolutely without school facilities of any kind. In many instances they still feared the Government officers, and it was extremely difficult to induce them to furnish any information whatever as to their numbers or ages. These Indians, save a few exceptions, are typical nomads, and move from Wisconsin to Michigan, to Canada, again to this country whenever food becomes scarce or other necessity impels them. x\gain, many of them have contracted vices and diseases from the worst of the white civilization, and their small earn- ings are usually spent for liquor. In 1910, under the provisions of the act of April 4, 1910, appropriating $25,000 for an investigation of their condition, support, education, etc., Mr. William Loker was appointed commissioner to make the Investigation, and in his report, dated October 21, 1910, said that no money whatever should be paid any of these Indians, as they did not know its value and would certainly spend most of it in the purchase of liquor and all sorts of useless material. He said also that they needed school facilities for their children, and that he believed the only means of helping them would be in following the plan sug- gested by Mr. Hannan, secretary to Senator La Follette : " That the Government purchase a tract of land and gather these Pottawato- mles together upon It, give them family space suflScient for garden purposes, supply them with materials with which to construct homes, protect them from a certain class of undesirable white people, and above .ill keep liquor from them. Also give them a central school with white teachers, which Is a very great necessity — many of these Potawatomies can become useful to themselves and their neople. Any other form of assistance it appears now would be 692 INDIAN APPEOPEIATION BILL. useless. To distribute money would entail trouble botb for tlie Indian and the white people." Concerning the above plan Mr. Loker added : "Any form of reservation plan virould meet the approval of all the white people in this locality who are interested in the welfare of the Indians; about TO per cent of all the Indians would welcome reservation plan; about 25 per tfent would demand that the Government give them money and permit them to disburse same; and the few remaining would approve nothing but prefer to remain in their present condition." The office believes that the only way in which these vagabond, destitute, and in some cases, degraded nomads can be fitted for assimilation into American citizenship is by collecting them on lands to be purchased and held by the Gov- ernment for their use and benefit, and afterwards to be allotted them in severalty. This would enable the Government to provide proper homes and farms ; to teach them agricultural pursuits and educate their children ; to keep liquor and other evils away from them ; and eventually to make them Self-supporting and fit to take their place among the white citizens of Wis- consin. Under the authority for the purchase of lands contained in the said act of June 30, 1913, Thomas W. Hines was appointed by the department as a special commissioner to purchase Wisconsin Potawatomie lands, and under date of September 23, 1913, was instructed to proceed to Wisconsin and such other places as might be necessary properly to investigate and report upon available lands for the purpose indicated. He is now at work in the field, and prompt action will betaken to acquire the lands for these Indians as soon as his report shall have been received. The Wisconsin Potawatomie Indians number about 500, a few only of whom have obtained homesteads on the public domain. The act of June 30, 1913, authorizes the purchase of land for these Indians out of tribal funds, and a special agent is in the field at this time ascertaining suitable lands to be acquired for this purpose, and the item referred to is simply designed to make the amount available for this purpose until expended. A special commissioner has been appointed to go to this neighbor- hood and look over the land that can be purchased and procure op- tions on the land, and get title for the benefit of the Indians. Mr. BuEKE. That contemplates the purchase of small tracts for each family? Mr. Meeitt. Yes, sir. Mr. BuEKE. Do you know how much you expect to purchase in each instance ? Mr. Sells. That will be governed entirely by the amount we have to pay, taking into consideration the number of Indians, and the amount of money available. Mr. BuEKE. I do not understand that it is expected that you can purchase sufEcient land for these Indians to enable them to sustain themselves, and this is to give them a home. Is not that true ? Mr. Sells. In this instance it will assist them in sustaining them- selves as well as giving them a home. Mr. BuEKE. This is mostly cut-over land, is it not? • Mr. Sells. Very largely ; yes. Mr. Meeitt. The idea will be to get heads of families located on lands as quickly as possible under the appropriation. Mr. BuEKE. This refers to the use of money that really belongs to these Indians, does it not ? Mr. Meeitt. Yes, sir. The Chaieman. What is the next item ? Mr. Meeitt. The next item reads : For support and civilization of Shoshone Indians in Wyoming, including pay of employees, $15,000., INDIAN APPEOPRIATION BILL. 693 We offer for the record the following justification: Support of 8hoshO)ies in n'ljoming. Fiscal year ending June 30, 1914, amount appropriated $15,000.00 Fiscal year ended June 30, 1913 : Amount appropriated 12, 000. 00 Amount expended 11, 845. 72 Unexpended balance 154. 2S ANALYSIS OF EXPENDITUKES. Salaries, wages, etc 2,461.54 Traveling expenses 133. 82 Telegraph and telephone service 37. 47 Miscellaneous material 506. 77 Fuel 491. 07 Mechanics' supplies 21. 25 Cleaning and toilet supplies 3.15 Forage 706. 55 Provisions , 5, 978. 49 Equipment 1, 489. 50 Medical supplies 14. 01 Miscellaneous 2. 10 Total 11,845. 72 Fiscal year ending June 30, 1914, amount appropriated 6,000. 00 Fiscal year ended June 30, 1913 : Amount appropriated 6, 000. 00 Amount expended S> 234. 15 Unexpended balance '^^5. 85 ANALTBIS OF BXPBNDITTJKES. Salaries, wages, etc 5,234.15 Amount asked for, $15,000. , . .^ The amount asked for is identical with that granted in the previous year. There are over 800 Indians of this tribe under the jurisdiction of the super- intendent of the Shoshone Agency, and of the amount appropriated $1,250 is used for salaries of employees and the balance for the purchase of subsistence, hardware, medical supplies, farming implements, and other articles ffor the benefit of these Indians. Considerable necessary improvements, such fcs road and bridge repairs, which are made by Indian labor, are also paid fW from this fund, and the estimate of the amount needed in this appropriation is as low as it can be made, bearing in mind the necessity therefor. The Shoshone or Wind River Reservation, Wyo., wa^ created by tre|ty and contained originally some 1,700,000 acres-223,236 acres have heretofSfe b^nanott^ to 2,154 Indians, and approximately 700,000 acres within that par of the reservation north and east of Wind River were Placed on tbe market by proclamation of June 6, 1906. The unaUotted lands on the diminished reservation aggregate 600,000 acres, with approximately 800 Indians to be allottid An allotting agent is now on the reservation to complete this work. There is no authority under existing law fOr the disposal of any of these lands within the diminished reservation other than by allotment. • , j„„ The list of employees for this agency Is submitted here. This agency includes about 860 Arapahoe Indians supported from another fund. 694 INDIAN APPEOPBIATION BILL. Position. Bate of pay. Total. Payable from— White: 1 phief clerk SI, 800 1,500 1,100 1,080 900 840 575 720 1,200 900 1,000 900 1,000 900 1,200 720 540 480 480 480 300 900 1,200 1,020 p.m. 45 p. m. 26 p.m. 20 11,000 p. m. 75 2 2,000 2 1,100 600 51,800 1,600 1,100 1,080 900 840 575 720 Support of northern Cheyennes and 1 clerk Arapahoes, Montana, 1914. Do. Do. Do. Do. Do. Do. Do. 8,515 1,200 900 1,000 900 1,000 900 Support of Shoshones, employees, etc., Wyoming, 1914. • Do. Do. Do. Do. 5,900 Indian: 1 clerk 1,200 720 540 480 Support of northern Cheyemies and Arapahoes, Montana, 1914. Do. 1 laborer and acting interpreter Do. Do. 2,940 1 laborer and acting interpreter 480 480 300 Support of Shoshones in Wyoming, 1914. Do. 1 matron . Do. 1,260 Miscellaneous: 1,800 1,200 1,020 Industrial work and care of timber, 1914. Do. Do. 4,020 540 300 2,640 Pay of Indian police, 1914. Do . Do. Do. 3,480 1,000 1,125 1914. Do. 2,125 2,000 550 ■' 1 stenograpber, 6 months allottees, 1914. Do. 2,550 S laborers - 3,000 Indian moneys, proceeds of labor, Sho- shone and Arapahoe Indians. ' And $2 per diem in lieu of subsistence when actually on duty. 2 And actual necessary traveling expenses, exclusive of subsistence. Mr. Burke. I want to ask Mr. Meritt one question, and that is: What is meant by the item " Indian moneys, proceeds of Indian labor"? Mr. Meeitt. That item means the proceeds from the school farmsj the proceeds from the sale of timber, and the proceeds that are de- rived from the general resources of the reservation. INDIAN APPBOPBIATION BILL, 695 fr^w?r«^'f: L^^f- T"^"^ include any money that might be received would it? *''■ ^''y*^^^^ produced on the reservation, Mr. MEErrr. Yes, sir. The Chairman. What is the next item« Mr. Mebitt. The next item reads— For support and education of 175 Indian pupils at the Indian school Sho- shone Reservation, Wyo., and for pay of superintendent, $31 025 ; for general repairs and improvements, $6,000; in all, $37,025. -^ o, wi geueiai The same amount and the same language was contained in last years Indian appropriation act, and the following iustification is offered in support of the item : IiK^iaii school, Shoshone Reservation, Wyo. Fiscal year ending June 30, 1914, amount appropriated $37,025.00 Fiscal year ended June 30, 1913: Amount appropriated 35 025 00 Amount expended 31' 519' g^ Unexpended balance 3 505.19 ANALYSIS OF EXPENDITUBES. Salaries, wages, etc , 13,660.86 Telegraph and telephone service 38. 53 Miscellaneous material 32.01 Stationery ~ J 19I98 Fuel 2, 894. 21 Mechanics' supplies 25.43 Cleaning and toilet supplies 308.71 Wearing apparel 3, 288. 87 Provisions 5, 906. 09 Equipment 2, 158. 27 Construction and repairs 2, 825. 40 Medical supplies 143.45 Miscellaneous 218.00 Total 31, 519. 81 Statistical statement for pear ending June 30, 1913. Value of school plant $139, 343 Number of buildings 16 Number of employees IT Total salaries $13, 860 Average attendance of pupils 172. 5 Enrollment 178 Capacity 135 Cost per capita $166 Area of school lands acres— 1, 255 Value of products of school $6, 758 Superintendent's estimate of needs for 1915. Support $35, 617 Repairs and improvements 5,000 Total - 40,617 696 INDIAN APPKOPRIATION BILL. Superinteudeut's estimate' of needs foi- 1915: For support tiiid education of 175 pupils and for pay of superin- tendent $31,025 Repairs and improvements 6,000 Total 37, 025 The appropriation asked for for this school for 1915 is the same as was ap- propriated for the current fiscal year. The enrollment of the school is 178 pupils, while the capacity of the dormi- tories is about 185. The additional number of pupils enrolled over the capacity sleep two in each bed. This overcrowding is very objectionable, but the con- ditions of school attendance upon the reservation makes it equally objectionable to decrease the attendance to the capacity of the dormitories. From the num- ber of Indians enrolled in the tribe it is quite apparent that there are at least 100 school pupils ou the reservation not now enrolled in any school, and this number is estimated in addition to those who should be excused for physical defects. It is therefore inadvisable to decrease the enrollment at this school. The $31,025 will provide for the support of 175 pupils, and the $6,000 is needed to make general repairs and improvements to the school plant. Salary list in effect December 20, 1913. [Payable from " Indian school, Shoshone Reservation, Wyo., 1914."] Capacity, 135 ; enrollment, 178 ; average, 171 . Salaries — Continued : Assistant seamstress $180 Laundress 480 Baker 300 Cook 540 Farmer 1,200 Engineer 1,000 General mechanic 1,000 13, 890 Salaries : Superintendent $2, 500 Principal 1,500 Disciplinarian S40 Teacher- 660 Do 630 Do 5140 Kindergartner 600 "Matron 780 Assistant matron 540 Seamstress 600 Mr. Burke. Mr. Meritt, it would seem that the per capita cost of this school and the schools in the Dakotas ought to be substantially the same where the attendance is about the same. I notice the cost here is $166, while at Pierre, S. Dak., it is $186. There is a little more produced here in the way of products. There is about $5,000 more produced here. I do not know how far that would go toward accounting for the difference. Mr. Meritt. We have a large school farm there. The Chairman. What is the next item? Mr. Meritt. The next item reads : For support of Shoshones in Wyoming: For pay of physician, teacher, car- penter, miller, engineer, farmer, and blacksmith (art. 10, treaty of July 3, 1868), $5,000; for pay of second blaclvsmith, and such iron and steel and other mate- rials as may be required, as per article 8 same treaty, $1,000 ; in all, $6,000. The following justification is offered for the record in support of this item : Indian population, Shoshones, 839. This is the same amount as has been authorized in previous years and is for the purpose of complying with the provisions of the treaty of July 3, 1868, with these Indians. Of the amount estimated, $5,900 is paid out for salaries of employees, and the remainder for the blacksmith or such other needs as are believed to be most essential for the support and civilization of the Shoshone Indians. INDIAN" APPBOPEIATION BILL. 697 Article 8 of the treaty wltli the Eastern Baud of Shoshones and the Bannock Tribe of Indians, which was concluded July 3, 1868 (15 Stat L 673 767) ■provides in part as follows : > > / 1 "And it is further stipulated that such persons as commence farming shall receive instruction from the farmers herein provided for, and whenever more than 100 persons on either reservation shall enter upon the cultivation of the soil a second blacksmith shall be provided, with such iron, steel, and other material as may be required." Article 10 of said treaty provides : "The United States hereby agrees to furnish annually to the Indians the physician, teachers, carpenter, miller, engineer, farmer, and blacksmith as herein contemplated, and that such appropriations shall be made from time to tune, on the estimates of the Secretary of the Interior, as will be sufBcient to Employ such persons." The first appropriation under these articles was made in the act of March 3, This is the same amount that has been appropriated in previous years, and is a treaty item. The Chairman. There is no change in the language ? Mr. Meeitt. No ; there is no change in the language or amount. Mr. Cartee. I notice that about all of this money seems to be going out for employees. I wish you would put in the record there just what the employees are and the salaries they are paid. Mr. Meritt. The following shows the positions and salaries at the Shoshone superintendency, and the funds from which they are payable : Position. Salary. Payable from. Superintendent . . . * S2,500 1,600 840 660 630 540 600 780 S40 600 180 300 540 480 1,200 1,000 1,000 Indian School, Shoshone Reservation. ^5°o- Principal Do. (Tfeffler. Do Do Do. Do Do. Kindergartner Do. Matron . . Do Assistant matron Do. Seamstress . Do Assistant seamstress... Do. Baker Do. Cook Do. Do. Fanner Do. Engineer Do. Do. HOE DAY SCHOOL. AKAPA Teacher... 13,890 720 300 720 300 Indian schools, support, 1914. Do. CHOW HEART DAT SCHOOL. Teacher Indian schools, support, 1914. Housekeeper Do. AGENCY. White: Chief clerk 1,800 1,500 1,100 1,080 900 840 575 720 Support of Northern Cheyeunes aD4 Arapahoes, Montana, 1914. Do. Clerk Financial clerk Do. Lease clerk Do. Do. Issue clerk Do. Physician Do. Nurse Do. 8,515 698 INDIAN APPEOPBIATION BILL. Position. AGENCY— continued. White — Continued. Pliysioian Engineer and blacksmith. Blacksmith Carpenter and sawyer MUIer Indian: Clerk.. Laborer and acting interpreter. Teamster Miller Laborer and acting interpreter . Teamster. Matron . . . Miscellaneous: 2 farmers, $900 each . 1 stockman 1 superintendent of live stock. 1 farmer.. 1 chief of police, S45 per month. I chief of police, S2S per month . II privates, $20 per month 1 forest guard 3 forest guards, 5 months at $75 per month . 1 examiner of inheritance. 1 stenographer, 6 months 6 laborers, $50 per month each. Salary. $1,200 1,000 900 1,000 900 5,000 1,200 540 480 720 2,940 480 480 300 1,800 1,200 1,020 4,020 540 300 2,640 3,480 1 1,000 1,125 2,125 ' 2, 000 3 550 3,000 Payable from. Support of Shoshones, employees, etc., Wyoming, 1914. Do. Do. Do. Do. Support of Northern Cheyennes and Arapaboes, Montana, 1914. Do. « Do. Do. Support of Shoshones in Wyoming, 1914. Do. Do. Industrial work and care of timber, 1914. Do. Do. Support of Shoshones, employees, etc., Wyoming, 1914. Pay of Indian police, 1914. Do. Do. Industrial work and care of timber, 1914. Do. Determining heirs of deceased Indian allottees, 1914. Do. Indian moneys, proceeds of labor, Shoshone and Arapahoe Indians, ceded lands. 1 And $2 per diem in lieu of subsistence when actually on duty. ' And actual necessary traveling expenses, exclusive of subsistence. 3 And actual necessary traveling expenses. Mr. Carter. I was just going to ask you in relation to the item there, how are the agent and other employees paid at the Spokane Agency? From what appropriation in this book? Mr. Meritt. The superintendents are largely paid of the Indian school-support fund. The appropriation is $1,400,000. Mr. Carter. Do you have a superintendent at this agency, the Shoshone Agency? Mr. Meritt. Yes, sir. The next item reads : There is hereby appropriated the sum of $50,000, to be immediately available and to remain available until expended, and the Secretary of the Interior Is authorized to use this money, or so much thereof as may be necessary, under such regulations as he may prescribe, for the promotion of civilization and self- support among the Indians residing and having tribal rights on the Shoshone Reservation, Wyo., the said sum to be expended in the purchase of live stock seed, vehicles, harness, machinery, tools, implements, and other agricultura: equipment ; for the construction of houses for said Indians, and for such othei INDIAN APPKOPEIATION BILL. 699 purposes as the Secretary of tlie Interior may deem proper in promoting their civilization and self-support: Provided, That said sum shall be expended under conditions to be prescribed by the Secretary of the Interior for its repayment to the United States on or before June 30, 1925 ; and all repayments to this fund made on or before June 30, ia24, are hereby reappropriated tbr the same pur- pose as the original fund ; and the entire fund, including such repayments, shall remain available until June 30, 1924; and all repayments to the fund hereby created which shall be made subsequent to June 30, 1924, shall be covered into the Treasury and shall not be withdrawn or applied except in consequence of a subsequent appropriation made by law. This is another reimbursable item. We are asking a loan of $50,000 for the Indians of the Shoshone Reservation, and we offer the follow- ing justification in support of this item : Indian iiopulatiou 1^ 715 Acreage of reservation area 318,543 Acreage of agricultural land 207^251 Acreage allotted lands 224, 567 Acreage under ditch 104^ 544 Acreage cultivated by Indians 7^500 IiTigated L__ 7, 500 Live stock : Horses 600 Mares 1, 600 Stallions, pony 184 Cows and heifers 3,804 Bulls 75 Steers 1,072 Sheep 4,000 There has been $646,374.33, reimbursable, expended on the Shoshone Reserva- tion, Wyo., in irrigation systems. The area thus reclaimed, together with what has formerly been done, aggregates about 104,000 acres under ditch. Under present conditions the Indians are unable to utilize any considerable quatity of this land for want of means, and the water rights attaching are in jeopardy for want of beneficial use being made of the water thus temporarily hypothecated. As there are yet nearly $500,000 of the original sum expended for irrigation to be reimbursed, and as the proceeds from sale of homestead lands are coming in very slowly, it is evident that as the tribal finances now stand there will be no fund to develop the Indians industrially until after their water rights have been forfeited. The grazing lands held by the tribe, individually and tribally, offer oppor- tunities of the highest order, but there are no funds with which to take ad- vantage of these opportunities. The appropriation is requested to enable the Indians to operate the greatest possible acreage of their lands under ditch and as far as possible to stock their grazing lands, much of which is now compara- tively idle. STATEMENT OF TRIBAL ASSETS AND LIABILITIES. Unallotted lands. Acres. Value. 75,700 531, 309 300 1,000 $113,550.00 796,904.00 Timber 11,400.00 Mineral 50,000.00 Timber, board feet 608,309 3,760,000 second sess.).. 971, 914. 00 11,250.00 Tribal funds in Treasury June 30, 1913 (H. Doc. 328, 63d Cong., 983, 164. 00 31,779.20 Eelmbursable appropriations made to June 30, 1912 670,407.16 Expended to June 30 1912 646,374.33 Reimbursed to United States 149, 371. 05 497,003.28 517,039.92 700 INDIAN APPROPRIATION BILL. Allotments not yet completed. There are about 608,309 acres in dimlnishea reservation unallotted and undisposed of. Allotments made under general allot- ment act of February 8, 1887 (24 Stat. L., 388), approximately 1,438,633.66 acres in addition to above unallotted lands opened to settlement by proclamation of June 2, 1906 (34 Stat. L., 3208). In addition to this justification, we will show you all the resources available on this reservation. These Indians have valuable irrigable lands, and the Government has expended about three-quarters of a million dollars constructing an irrigation project, and they are now in need of agricultural equipment, so that they can make beneficial use of the land allotted and of the money heretofore expended for irrigation. They have ample resources in timber and surplus lands which will protect the Government. ^ Mr. Burke. Do you know whether anything has been doae yet with reference to oifering for sale the surplus lands in this reserva- tion, the time having expired within which they are subject to home- stead entry, and the law authorizing that they be sold ? Mr. Meeitt. The surplus lands on reservations, you know, are dis- posed of under the General Land Office. Mr. Burke. Yes; I understand. Mr. Meeitt. I know some action was taken, but I do not know exactly what it was. I will investigate and give you the exact in- formation. I will get that for you and put it in the record. The statement reads as follows: SHOSHONE BESEEVAHON. Original area of reservation acres— 2,342,400.00 Acreage opened do — 1, 438, 633. 66 Acreage disposed of do — 178, 298. 06 Amount realized, $243,253.79. The act of March 3, 1905 (33 Stat. Ia, 1016), ratified the agreement with the Shoshone Indians and authorized the opening of the ceded lands by proclama- tion of the President on June 15, 1906, to settlement and entry under the home- stead, town-site, coal, and mineral-land laws. Joint resolution of March 28, 1906 (34 Stat. L., 825), extended the date of opening the reservation to August 15, 1906. The act of February 25, 1909 (35 Stat. L., 650), extended time for final entry of mineral claims from three to five years. On May 31, 1910, approximately 337,000 acres were segregated by the State under the provisions of the act of April 4, 1910 (36 Stat. L., 288), as a Carey Act project; and on September 19, 1912, at public sale, 50,000 acres Were sold at practically the minimum price of $1 per acre. By departmental decision of August 29, 1913, ceded lands remaining unsold after the prescribed sale at the expiration of the 8-year period may be dis- posed of without regard to the minimum price of $1, but does not affect the right of the Secretary to place said lands on the market at said minimum price. Also, the issuance of grazing permits of one year duration for unsold tracts was authorized; monthly lists of all applications for entry or purchase, as well as all relinquishments filed, being required of local land oflicers in addi- tion to any information requested concerning particularly described tracts. Mr. Burke. I want to state that I do not want to be understood as accepting the statement of Mr. Meritt that these Indians are going to have ample funds with which to reimburse the Government for the reclamation project, and this item, if it should be appropriated — I have very grave doubts about it. Mr. Meeitt. We will get up a statement showing the resources of this reservation. The Indians can reimburse this item from their INDIAN APPEOPEIATION BILL. 701 own allotments, I am quite sure, without reference to their tribal holdings. Mr. Burke. I want to ask if Congress were to appropriate the amounts for which you have submitted estimates to be expended along industrial lines, as contemplated by the estimates, to what extent, in your opinion, would it increase the administration force in the Indian Service over what it is at present in order to expend the money in a way so that the ends would be best accomplished and the expenditure safeguarded so that there would be sonie prospect of the money being ultimately repaid ? Mr. Meeitt. We have on each Indian reservation already an or- ganization which could handle this reimbursable fund that we are now asking for. Heretofore Indians have been allotted — they have been given land, but they have not been supplied with equipment. Mr. Burke. Now, I do not want to get into any argument on that, but I want to get right on this question I have propounded as to whether or not you would have to increase your force. Mr. Meeitt. It would not be necessary to increase the force on but a very few of the reservations. Mr. Burke. What about the force in the office? Mr. Meeitt. We are now very greatly handicapped by lack of clerical force in the office. Mr. Burke. Would not this necessitate considerable work in the way of bookkeeping and necessarily an increase in the office force ? Mr. Meeitt. The bookkeeping would all be done on the reservation. Mr. Bueke. Then would it not require an increase of force at these reservations? Mr. Meeitt. I think we can handle this industrial proposition with the present clerical force. Mr. Bueke. Aren't there now a number of Indian reservations where they are under the supervision of a superintendent of an Indian school that may be in the vicinity and where the superintend- ent has several reservations under his supervision and is supposed to look after them from his reservation ? Mr. Meeitt. We have a few consolidated agencies where super- intendents are in charge of more than one reservation, but they are very few. Mr. Bueke. But there are some ? Mr. Meeitt. Yes ; there are a few. Mr. Bueke. Do you think that you could make use of a fund of this kind on such reservations without increasing the superintendent's force ? Mr. Meeitt. I think so. Mr. Bueke. Isn't it inevitable that if we go into this matter on the scale that you contemplate and desire, that it means necessarily an increase of administrative force ? -, ■ ^ Mr. Sells. That is not contemplated nor desired, and it does not seem that it will be necessary. _ . Mr. Cartee. How many of these industrial items have you in the bill: can you remember? x • ^.i Mr. Meeitt. We have a list of them, which we will put m the record. The statement requested reads as follows : 702 INDIAN APPBOPEIATION BILL. Revolving industrial appropriatioris. 18. Industry among Indians $100, 000 41. Purchase of implements, etc., Colorado River and Yuma Keserva- tions 50,000 55. Purchase of implements, etc., Fort Hall Reservation, Idaho 50, 000 80. Purchase of cattle for Northern Cheyenne Indians 50, 000 81. Purchase of Implements, etc.. Fort Peck Indians 100, 000 82. Purchase of implements, etc., Blackfeet Indians 100, 000 83. Purchase of implements, etc., Flathead Indians 100, 000 93. Purchase of Implements, etc., Mescalero Reservation, N. Mex 200, 000 167. Purchase of implements, etc., Shoshone Reservation, Wyo 50, 000 133. Purchase of implements, etc., Warm Springs Reservation, Oreg 100, 000 Total 900,000 Besides our regular appropriations for industrial work and care of timber, we have an item of $100,000 for industry among Indians. We have an item of $50,000 for the purchase of implements on the Colo- rado and Yuma Keservations. We have item of $50,000 for the pur- chase of implements, and so forth, for the Indians on the Fort Hall Reservation in Idaho. We have an item of $50,000 for the purchase of cattle for the northern Cheyenne Indians. We have an item of $100,000 for the purchase of implements, and so forth, for the Fort Peck Indians. We have an item of $100,000 for the purchase of im- plements, and so forth, for the Indians on the Blackfeet Reservation. We have an item of $100,000 for the purchase of implements, and so forth, for the Indians on the Flathead Reservation. We have an item of $200,000 for the purchase of implements, and so forth, for the Mescalero Indians in New Mexico. We have an item of $25,000 for placing the Turtle Mountain Indians on their allotments. We have an item of $100,000 for the purchase of allotments, and so forth, for the Warm Springs Reservation Indians. We have an item of $50,000 for the purchase of implements, and so forth, for the Indians. on the Shoshone Reservation. Mr. Carter. How many is that? Mr. Meeitt. That is 11, I believe. Mr. Carter. Now, you have 11 items there, amounting to $925,000. none of which you say will be necessary for salaries or increase of the force of your organization ? Mr. Meritt. That is true, Mr. Carter. We intend to use this money, which is reimbursable, for the benefit of the Indians exclu- sively. We have the organization and machinery all ready, and if we can get these reimbursable appropriations we can make the In- dians self-supporting. Mr. Carter. Now, then, for instance, you have $100,000 for indus- trial work among the Indians to begin with ? Mr. Meritt. Yes, sir. Mr. Carter. That is general? Mr. Meritt. Yes, sir. Mr. Carter. It can be used in any place where you have not a specific appropriation? Mr. Meritt. Yes, sir. We will be glad to have a proviso clause on that $100,000, to this effect: Provided, That none of this appropriation shall be used at any reservation where any other reimbursable appropriation is available. Mr. Carter. I understand. Is it contemplated to use any of that $100,000 for salaries? INDIAN APPBOPEIATION BILL. 703 Mr Mebitt. No, sir. We intend to use that in equipping the In- dians to make use o± their allotments. -^ rr b Mr. Carter Then, you have $100,000 for the purchase of imple- ments on the Yuma Reservation ? Mr. Meeitt. Yes, sir ; Yuma and Colorado River Reservations. Mr. Carter. None of that is to be used for salaries or additional employees ? Mr. Meritt. No, sir. Mr. Carter. Then you have an appropriation for Fort Hall— $50,000. None of that is to be used for salaries or for additional employees ? Mr. Meritt. No, sir. Mr. Carter. And that applies to each one of these items separately, does it? Mr. Meritt. Not a dollar of those appropriations will be used for pay of employees. Mr. Carter. Is it all to go for the industrial purposes stated in the act? Mr. Meeitt. Yes ; and I might add there, Mr. Carter, that we have worked out in this bill an industrial program for the Indian service, and if Congress will cooperate with the Indian Office in giving the office these appropriations, you will see within the next two or three years a wonderful improvement in the industrial conditions of the Indians of this country. The Chairman. What is the next item, Mr. Meritt ? Mr. Meeitt. The next item reads — Tor continuing the work of constructing an irrigation system within the diminished Shoshone or Wind River Reservation, in Wyoming, including the maintenance and operation of completed canals, $25,000, reimbursible in ac- cordance with the provisions of the act of March 3, 1905, and to remain avail- able until expended: Provided The sanie proviso as heretofore. The following justification is offered for the record : Irrigation system. Wind River Diminished Reservation, Wyo., (reimhursaUe) . Fiscal year ending June 30, 1914, amount appropriated $50, OOP. 00 Fiscal year ended June 30, 1913: Unexpended balance from previous years 11,221.45 Amount appropriated 50, 000. 00 61, 221. 45 Amount expended 26, 732. 16 Unexpended balance 34, 489. 29 ANALYSIS OF EXPENDITURES. Salaries, wages, etc 22, 455. 9T Traveling expenses 418. 00 Transportation of supplies 7. 58 Telegraph and telephone service 63. 20 Material 79S 89 Fuel 552. 88 Forage 1, 755. 12 Equipment 635. 02 Medical supplies 25 80 Miscellaneous 19. 70 26, 732. 16 704 INDIAN APPEOPKIATIOK BILL. Census, 1913 1, 702 Present irrigable area (acres) 35,000 Irrigated area (acres) 12,000 Area under completed' project 65,674 Acres cultivated by Indians 5, 000 Acres cultivated by whites 7,000 Value of irrigated land per acre $30. 00 Expended to June 30, 1913 $607,637.30 Estimate for fiscal year 1915 $25,000.00 For continuing the work of constructing an irrigation system within the diminished Shoshone or Wind River Reservation, in Wyoming, including the maintenance and operation of completed canals, $25,000, reimbursable in accord- ance with the provisions of the act of March 3, 1905, and to remain available Until expended, $25,000. « This is a system where extensions are needed of canals and laterals, and hew structures such as headgates and turnouts. The old structures, having been built of lumber, are decaying, and require replacing by material of a more permanent nature. There is at present an increased activity on some parts of the reservation. Which will necessitate extensions of laterals. There will also be the ordinary tn.Tintenance and repair work. The amount named is a moderate one. Total area reservation, 1,262 square miles. Population, 1,735. Estimated area of completed project, 05,674 acres. Irri.sable area at present time, 35,000 acres. Irrigated by Indians, 5,000 acres; white, owned 3,000 acres, leased, 4,000 acres. Average value of irrigated lands, $50 per acre. LOCATION AND CLIMATIC CONDITIONS. County, Fremont. Townships and ranges, 2 S. to 5 N., R. 4 B. to 6 W. Railroads on or adjacent, Wyoming & Northwestern Railway. Railroad stations, Arapahoe and Lander, Wyo. Market for products, local. Average elevation of irrigable area, 5,600 feet. Average elevation of watershed, 5,800 to 10,500 feet. Average rainfall on irrigable area, 8 inches. Average rainfall on watershed, 8 inches. Range of temperature on irrigable area, —20 to 90° F. W.\TER SUPPLY. Source of water supply. Wind River and tributaries. Area of drainage basins in square miles, 1.S78. Annual run-off, in acre-feet, 130,000. SUMMARY OF RESULTS. Canal-miles, with capacities in second-feet: From 250 to 500, 14.52: from 50 to 250, 58.71 ; less than 50, 118.27. Number of canal structures (exclusive of dams and tunnels, but including bridges, culverts, pipes, flumes), costing over $2,000, concrete, 3; costing from $500 to $2,000, masonry 2. concrete 3, wood 5 ; costing from $100 to $500 each concrete 196. wood 230 ; costing less than $100 each, concrete 32 wood 36 Bridges, length less than 50 feet, wood. 77 ; total length, feet, 1 320 Culverts, wood, 51, length, 1,096 feet. FLUMES. Steel, 3 ; size. No. 192, McGinnis ; length, 1,091 ; cost, $15,159.86. Wood, 1 ; size, 3 by 8 by 48 feet ; length, 48 ; cost, $600. BUILDINGS. Offices, 1 ; cost, $3,191.42. Residences, 2; cost, $5,134.70 (1 burned). Barns, 2; cost, $400. Warehouses, 1; cost, $762.02. INDIAN APPROPRIATION BILL. 705 TELEPHONE LINES. Stations, 2; aggregate cost, $83.14; length, one-half mile. TBANSMISSIOSr. Material excavated: Class 1, cubic vards 7J(i24^- f.n«t tiQn^ncoi ^i $22SV''^'^' '"''''-' '"''' ^S^-^^-l^ Clalt'f'c\,brWM?1S4;"cS Riprap, cubic yards, 562 ; cost, $1,956.33 Dry wall, cubic yards, 200 ; cost, $297.48 Concrete, cubic yards, 2,505 ; cost, $32,481 38 Cement, barrels used, 2,149 ; cost, $6,447. This project has been practically upon an operation basis during the past year. Some betterments were necessary on the ceded lands in order to best serve those under the ditch system. Some small gates were constructed and some lateral work was necessary. T^^Z%^tl ^^"^ T attempt made to increase the acreage under cultivation. The Indians seem to have responded to some extent in spirit, but with but little increase m acreage. IRRIGATION. The water rights upon this project are not settled, and some litigation during the past year was not at all satisfactory to the Government. This is mentioned in the general discussion on water rights. REMARKS. But a small per cent of the total area subject to irrigation is actually under cultivation. This is a matter deserving of attention, both from a standpoint of making the Indian self-supporting and as a protection to the water right. In connection with this proviso clause and the attempt to protect the water rights of the Indians, I wish to invite your attention to the decision of the Supreme Court in what is Imown as the Winters case, found in volume 207, page 564, of the Supreme Courts Eeports, and I would like to have inserted in the record the syllabus upon that case ; it is very short. The Chairman. Certainly. The syllabus referred to lay Mr. Meritt follows : The rule that all the parties must join in an appeal or writ or error unless properly detached from the right so to do applies only to joint judgments and decrees. This court has jurisdiction of an appeal taken or writ of error sued out by one of several defendants if his interest is separate from, that of the other defendants. In a suit against several defendants as trespassers, in which some of them defaulted and other answered, held, that each defendant was a separate tres- passer, and that while those who defaulted were precluded from questioning the correctness of the decree entered against them, the answering defendants had nothing in common with the others and could maintain an appeal without them. In a conflict of implication, the instruments must be construed according to the implication having the greater force; and, in the interpretation of agree- ments and treaties with Indians, ambiguities should be resolved from the stand- point of the Indians. In view of nil the circumstances of the transaction this court holds that there was an implied reservation in the agreement of May 1, 1888 (25 Stat., 124), with the Gros Ventre and other Indians establishing the Fort Belknap Reser- vation, of a sufficient amount of water from the Milk River for irrigation pur- poses, which was not affected by the subsequent act of February 22, 1889, 25 Stat, 676, admitting Montana to the Union, and that the water of that river can not be diverted, so as to prejudice this right of the Indians, by settlers on the public lands or those claiming riparian rights on that river. 24455—14 45 706 INDIAN APPKOPEIATION BILL. The Govemiuent of the United States has the power to reserve waters of a river flowing through a Territory and exempt them from appropriation under the laws of the State which that Territory afterwards becomes. 148 Fed. Rep., 684, affirmed. Mr. Meritt. I Avould also invite attention to the decision in what is known as the Conrad investment case, reported in volume 156, page 123, of the Federal Court Eeports. I would like to incorporate in the record the syllabus in that case as a justification for this proviso clause. It is very important legislation. The Chaiuman. Certainly. The syllabus referred to by Mr. Meritt follows : 1. Indians— Reservations — Water courses— Flow of water — Appropriation. An Inainu reservation on public lands is property of the United States within the rule that the Government, as the owner of lands bordering on a public stream, is of right entitled to the continued flow of the water of such stream so tar, at least, as may be necessary for the beneficial use of the property. (Ed. Note.— For cases in point, see Cent. Dig., vol. 27, Indians, par. 28.) 2. Waters and water courses — Public lands — ^Appropriation of water. Under Revised Statutes, paragraph 2339 (U. S. Comp. St., 1901, p. 1437), as long as land belongs to the United States as a part of the public domain, the water flowing over the same in nonnavigable streams is subject to appro- priation for the purposes recognized and acknowledged by the local laws, cus- toms, or decisions of the courts, and the mere fact that a stream traversing such public lands may border at some point or for some space on a specific ter- ritory reserved by the Government for some particular governmental use or purpose will not of itself destroy the public character of its waters, which remain subject to appropriation the same as though the reserve had not been created, unless by the creation thereof there was a consequent reservation of the waters also for use in connection therewith. 3. Indians — Indian reservation — Waters. The creation by the Government of an Indian reservation on the public lands bordering on a nonnavigable stream operates as a reservation of so much of the waters of such stream as may be required by the proper needs of the Gov- ernment for use on the reservation for the benefit of the Indians thereon; but any surplus remains subject to appropriation by others in accordance with the local laws and customs, and such right includes the right to erect necessary dams, although they may rest in part on the land of the reservation. 4. Same — Blackfeet Reservation in Montana — Water rights. The Blackfeet Indian Reservation was created by a convention with the In- dians, as shown by act May 1, 1888 (c. 213, 25 Stat, 113-129), by which j;he land was assigned to them for their exclusive use and occupancy that they might be assured of permanent homes, and with the design that they should ultimately take allotments in severalty. The reservation is in part bounded by the center line of Birch Creek, a considerable stream, and while a consider- able part of the land is capable of being used for farming, it is arid, and re- quires irrigation. Held, that the creation of the reservation operated as a reservation of so much of the waters of the creek as might at any time in the future be required and could be utilized in carrying out the purposes of the treaty ; that so long as the Government was administering the afEairs of the Indians it had the right to determine as an administrative question the quan- tity of water required and to take the same when and where it deemed neces- sary, the rights of any others to appropriate water being subject to such para- mount right. 5. Waters and water courses — Water rights of United States — Estoppel. The action of the Secretary of the Interior or other departmental officer of the Government in approving the maps of location of irrigation canals or ditches over public lands or reservations, as provided for by act March 3, 1891 (c. 561, pars. 18, 19, 26 Stat., 1101, 1102, U. S. Comp. St., 1901, pp. 1570, 1571), can not give the companies constructing the same any right to appro- priate the waters of a stream nor estop the United States to assert a priority of right thereto, where it exists, against either such companies or users who may be supplied by them. 6. Same — Suit by United States — Parties. IKmAN APPEOPEIATION BILL. 707 Any invasion of the prior right of the TJnited States to the waters of a stream is a trespass, and the Government may maintain a suit in equity to pro- tect its right against any one or all of such trespassers. Mr. Carteb. Is that all of the irrigation items? Mr. Meritt. Yes, sir. Mr. Eeed. This last case, the Wind Eiver project, is where, tinder the State laws already, the officers of the State of Wyoming are undertakin'g to pass upon the right to water rising and flowing wholly within the reservation. Mr. Meritt. Before we leave irrigation I would like to make a statement. The Chairman. Certainly. Mr. Meritt. Mr. Chairman, in submitting our justifications I have tried to be perfectly frank with the committee, showing the defects in the present Indian irrigation work. We have offered a proviso clause which, if enacted into law, will help to equalize the burdens of irrigation on the various reservations. That is, we are asking that it be enacted in connection with the general item which was offered this morning. We have called attention to the injustice which is now being done the Indians of the Flathead, Fort Peck, and Blackfeet Reservations in connection with the method of financing their projects. We are also asking that this proviso clause in connection with these various items for irrigation work be included in the bill, because we realize that if laws of that character are not enacted the Indians will lose their water rights, and the large appropriations that have been made by Congress out of reimbursable funds will go very largely to the benefit of the white farmers rather than the Indians. Mr. Carter. What is the next item ? Mr. Meritt. The next item reads: Sec. 26. Section 26 of the Indian appropriation act of June 30, 1913 (Public No. 4), is hereby repealed. The following justification is offered for the record in support of this item : This section provides that on or before the 1st day of July, 1914, the Secre- tary of the Interior shall cause a system of bookkeeping to be installed m the Bureau of Indian Affairs, which will afford a ready analysis of expenditures by appropriations and allotments and by units of service, showmg for each class of work or activitv carried cm the expenditures for the operation of the serv- ice, for repair and preservation of property, for new and additional property, salaries and wages of employees, and for other expenditures, etc. This section, in a different form, was inserted as an amendment to the bill by the Senate Committee on Indian Affairs. As passed by the Senate the amend- ment carried an appropriation of $12,000 for putting its requirements into effect. When the bill went to conference the form of the item was changed and the appropriation stricken out. The Indian Office is thus left in the position of being required to make a complete revision of its bookkeeping system with- out any aid from the outside. This is believed to be a physical impossibility, tor the reason that the few clerks available for bookkeeping work have already quite as much as they can do. To Install a new system of bookkeeping, with all the details required by this legislation, would take all of their time for perhaps several months, to the exclusion of everything else. This would mean that the current work of the office would have to be left undone, which would soon lead °There'is already in the Bureau of Indian Affairs a system of bookkeeping which embraces apportionments from and liabilities against appropriations, and affords an analysis of expenditures from each appropriation by agencies, schools, and projects. The system required by the act of June 30, 1913, calls tor mtoi- 708 INDIAN APPKOPBIATION BILL. ination along such different lines and involves so much more detail that the present forms and methods of procedure would have to be discarded and an entirely new system worked out and put into operation. This, of necessity, would have to be done without any break In the continuity of the office records. A request for an appropriation in the urgent deficiency bill for carrying out this provision of law was made by the department, but failed. Attention is invited in this connection to the hearings before the subcommittee of the Senate Committee on Appropriations on H. E. 7898 (63d Cong., ]st sess., pp. 107-109). If an appropriation for the employment of outside assistance can not be procured, it seems imperative that the section be repealed. Mr. BuEKE. What is the number of the item? Mr. Meritt. It is the last one in the book, and it ought to be num- bered 169. We are merely asking for the repeal of section 26 of the last Indian appropriation act, and we do this for the reason that this provision of law requires us to do a great deal of extra work, and the office con- siders it very largely unnecessary work. No appropriation was pro- vided to carry out that work, and we are unable, with our present clerical help, to do the work. Unless Congress wants to give us an appropriation of $12,000, we ask that this provision of law be re- pealed. It is practically imposible to carry out that provision of law fully. I think we might incorporate as a part of the justification the provision of law that we propose to repeal. That is the last item. Mr. BuEKE. Have we been over every item in the bill ? Mr. Meeitt. Yes, sir. Mr. Chairman, in compliance with your request that I prepare and submit to the committee draft of legisla- tion regarding treaty items, also draft of legislation modifying the form of estimates to be submitted to Congress by the Indian Bureau, as required by law, your attention is invited to the following items : That the Secretary of the Interior and the Commissioner of Indian Affairs are hereby authorized and directed, in submitting estimates for the expenses of the Bureau of Indian Affairs, and for other pui-poses, for the fiscal year 1916, to accompany said estimates in the form now required by law with estimates in such form as the Secretary of the Interior and the Commissioner of Indian Affairs may believe will best meet the needs of the Indian Service. That hereafter, in submitting estimates for the expenses of the Indian Bureau, the Secretary of the Interior and the Commissioner of Indian Affairs shall omit therefrom all treaty items except perpetual annuities and benefits, and in cases where treaty appropriations are to be discontinued under this provision and those appropriations are necessary for the support and civilization of the In- dians, there shall be estimated gratuity appropriations therefor. (Thereupon at 3.30 o'clock p. m. the subcommittee adjourned.) PRESENTED TO Hartwick College ONEONTA, N. Y. BY ii: p. KINNEY X