(1) Congress enacted a bill, H. R. 5726, whose provisions will go far toward discouraging the business of professional guardians for wealthy restricted Osage Indians. The practice of securing guardianships for these Indians through the focal courts was fast assuming large proportions, and the hearings before the House Committee on Indian Affairs on this bill developed the fact that a number of white men were making a good living acting as guardians for Indians whose affairs were being properly and adequately handled by the superintendent of the Osage Agency. The report of the committee showed that the expenses for such guardianships for 435 Indians amounted to from $300,000 to $400,000 yearly, or about twice the amount expended by the Osage Agency for handling all tribal and individual affairs for a year.

(2) A number of jurisdictional bills were passed by Congress which authorized the Indian tribes particularly concerned to take their claims against the Government to the United States Court of Claims. All of these claims had been urged for many years. The Board of Indian Commissioners has always believed that if an Indian tribe has an unsettled claim against the United States or is able to make a presentation which would indicate reasonable basis for such claims, Congress should give such Indians their day in courta chance to have their claims adjudicated.

If Congress, after investigating, finds there is substantial basis for a claim, the tribe should be authorized to go to the Court of Claims. The Indians will never be satisfied with an adverse opinion handed down by a law officer of the Government as to the validity of any claim which they entertain against the United States. But if the claims are sent to the court it is fairly certain that its decision will be accepted as final. So long as the law prescribes that the Secretary of the Interior and the Commissioner of Indian Affairs must approve of the selection of an attorney for the Indians, and so long as Congress maintains its present conservative state of mind. concerning attorneys' fees, there need be no apprehension that the rights of the Indians or the rights of the Government will be jeopardized by submitting their claims to the Court of Claims.

(3) The United States Supreme Court gave a day to hearing arguments in the case of "United States ex rel. Kennedy v. Waldo, Sheriff," which came before it through appeal from the United States District Court at Buffalo, N. Y. A decision in this case may settle the jurisdictional status of the New York Indian tribes which for many years has been in doubt. The questionable relations of these tribes to the Government or to the State have been provocative of annual controversies for many years and undoubtedly have had much to do with retarding the industrial and social progress of the Six Nations.

(4) The Attorney General decided that the general leasing act of 1920 does not apply to Executive order Indian reservations. Although this ruling did not go so far as to state that such reservations are identical with treaty reservations in so far as Indian title is concerned, the Attorney General's decision was a significant indication in that direction. It is our opinion that when the President of the United States issued his Executive order, setting apart a described. area of the public domain for the use and occupancy of a designated

tribe or band of Indians, such executive action changed the character of that particular area from public domain to Indian-owned land identical, in all respects, with reservations established by treaties or congressional enactment. We are in hopes that the coming Congress will take this view of the matter and enact legislation which, in effect, will give to the Indian occupants of Executive order reservations undisputed title to the land.

(5) Another important ruling of the Attorney General practically decided that the income derived by Indians from their restricted property is not subject to the Federal income tax. The case at issue concerned some Quapaw Indians. The Attorney General's opinion, which bears date of March 20, 1925, concludes with the following significant paragraphs:

I am unable, by implication, to impute to Congress under the broad language of our internal revenue acts an intent to impose a tax for the benefit of the Federal Government on income derived from the restricted property of these wards of the Nation; property the management and control of which rests largely in the hands of officers of the Government charged by law with the responsibility and duty of protecting the interests and welfare of these dependent people. In other words, it is not lightly to be assumed that Congress intended to tax the ward for the benefit of the guardian.

Therefore, in the absence of clear congressional authority to that effect, I am of the opinion that the income from the restricted lands of the Quapaw Indians is not subject to the Federal income tax laws.

(6) For the purpose of closing up the tribal affairs of the Cherokee, Choctaw, Chickasaw, and Creek Nations in Oklahoma, the Secretary of the Interior authorized the sale of the Choctaw and Chickasaw coal and asphalt holdings, valued at $9,500,000, and about 400 remaining odds and ends of town lots and tracts of land belonging to the four tribes. In this connection we desire to restate our recommendation that a considerable portion of the funds received from the sale of the coal and asphalt lands belonging to the Choctaw and Chickasaw be set apart for the support of their tribal schools. A few years back a number of prominent Choctaw and Chickasaw Indians gave voice to their approval of our suggestion to set apart some of the proceeds from the sale of their coal and asphalt lands to be used for the education of their children.

(7) The work of winding up the affairs of the Eastern Cherokees of North Carolina pursuant to an act of Congress has begun. This matter has been under consideration for many years. The uncertainty of individual land ownership in that reservation held back farm improvements, for the Indians did not know what their allotments, if they ever should be made, would be, and naturally they had no incentive to use time and money improving lands that might be taken away from them through allotment. It is reasonable to expect that when the provisions of the act are carried out and allotments have been made this fine body of Indians will at once start an era of improvement which has been delayed by their uncertain land.

status.

(8) The Pueblo Lands Board with offices in Santa Fe, N. Mex., which was created by act of Congress and authorized to adjudicate and settle titles to lands claimed by the Pueblo Indians of New Mexico has started its work, and the long-standing controversy about these titles has been transferred from the public forum to a judicial body having determining powers. The Pueblo Lands Board

consists of Mr. Roberts Walker, who represents the President of the United States; Mr. Herbert J. Hagerman, who acts for the Secretary of the Interior; and Mr. C. H. Jennings is the representative of the Attorney General.

(9) The Commissioner of Indian Affairs consolidated eight agencies into four with an estimated saving in administration expenses of $50,000 a year. These agencies were the Colville and Spokane in Washington, the Carson and Reno in Nevada, the Walker River and Fallon in Nevada, and the Winnebago and Omaha in Nebraska. Taking these consolidations into consideration with others previously effected, such as putting all the Mission Indians of California under one agent, grouping the Ute under a consolidated agency and merging all Chippewa reservations excepting one in Minnesota into one agency, is indicative of the fact that the progress of the Indians is changing the Indian map. It is quite likely that in a comparatively few years the number of agencies of the Bureau of Indian Affairs will be considerably decreased.

(10) The irrigation section of the Indian Bureau began the preliminary work necessary to starting the construction of the Coolidge Dam (formerly called the San Carlos Dam) project, which will impound the flood waters of the Gila River in Arizona for irrigating the lands of the Pima Indians and of their white neighbors. These necessary preliminaries include the settlement of damages which will be due Apache Indians whose lands will be flooded; the arrangements which must be made concerning existing irrigation districts; the relocation of railroad tracks; the organization of a corporation similar to the Salt River Valley Water Users' Association, and the adjudication of the water rights, if they have any, of white farmers who have been taking water out of the upper river.

(11) Contracts were let for the building of steel bridges across the Rio Grande at the Cochiti and San Juan pueblos. The building of these structures has been urged for many years, for the bridges have long been needed.

CONCERNING CONGRESS

The Sixty-eighth Congress passed a large number of bills affecting our Indian people, most of which concerned individual tribes and much of which was remedial in its nature. A survey of the measures which became public laws by signature of the President shows that Congress continues its sympathetic attitude toward the efforts of the Indian Bureau to protect the Indian and his property rights and to help him on his forward way.

Doubtless there will always be efforts to use Congress for the purpose of getting possession of Indian lands and money, but it is extremely unlikely that legislation with that design can now be put through the Senate and House. In former years it was not so difficult for interested white men to get the approval of the national legislature for special measures which were so skillfully phrased that the real purposes of the bills were concealed, and, too, Congress then was not as familiar with Indian affairs as the Senators and Representatives are to-day. Some of the Indian legislation which proved to be most harmful to Indian people was tacked onto the Indian appropriation bills as amendments.

Under the present system every appropriation item must first have been authorized by law. Consequently any bill authorizing an appropriation now must stand on its own feet on the floor of the Senate and House. It can not be smuggled into an appropriation bill as an amendment.

The Budget system in vogue in the executive and legislative branches of the Government also acts as an effective obstacle to attempts harmfully to exploit the Indians through congressional legislation. These several checks, which Congress itself has put into effect, together with its attitude toward the Indians as indicated in the character of legislation enacted during recent years, gives sound warrant for the belief that the Senate and House may be relied upon to protect the Indians in their property and legal rights. With this thought in mind we entertain the strong hope that during the coming session of Congress the Harreld-Garber bill, S. 2313, H. R. 6900, or one similar to it, will be reintroduced and passed.

FIVE CIVILIZED TRIBES

Enactment of this measure will give the Secretary of the Interior exclusive jurisdiction and control of the restricted funds and lands of the restricted members of the Five Civilized Tribes in Oklahoma and of the distribution, disbursement, and general administration of such property under such rules and regulations as he may prescribe. If this bill is enacted into law, it will go a long ways toward putting an end to the evil practices of white land grabbers in Oklahoma which have been investigated again and again by committees of Congress and non-Government organizations.

In no other part of the country are Indian probate matters handled as they are in the Five Civilized Tribes. We are strongly of the opinion that a radical reform should be effected there, and we earnestly urge that you do all you properly can do to secure the introduction and passage during the coming session of Congress of the Harreld-Garber bill or one similar to it.

LAND NEEDS OF THE NAVAJO

By passing H. R. 11361 Congress authorized the exchange of the alternate sections of railroad and public domain lands within the Executive order extensions of the Navajo Reservation in Arizona. It had previously authorized like exchanges of land in New Mexico. The purpose of these authorizations is to allow consolidation of land sections of similar character so as to make it practicable to set aside solid grazing areas for Navajo Indians. This purpose has not been effected because the owners of the private lands have not, as yet, cooperated with the department, and there is no way to force the exchanges. The land condition of the Navajo Indians living on the public domain in New Mexico and Arizona is always precarious, for they do not own any land. A few years ago Congress made an appropriation for the leasing and purchase of lands for these Indians, and some amelioration of the conditions was effected.

The board has long urged that legislative and administrative actions should be taken to give definitely these self-supporting, worthy Navajo Indians the assurance of permanent, undisputed occupancy of enough land to enable them to get a decent livelihood. Simple justice demands that they be well safeguarded, and the only way that this can be done is to bring about the consolidation authorized under the two acts to which reference has been made and then set aside enough townships to adequately provide the Indians with grazing areas for their sheep. This arrangement would require an appropriation by Congress.

In this connection we again call attention to the pressing land needs of the few hundred Navajo who are under the jurisdiction of the Zuni Agency. It is common knowledge that their condition is deplorable, and we are firmly of the opinion that Congress should appropriate sufficient money to give them the help to which they are unquestionably entitled. We earnestly urge you to give the land situation of the Navajo Indians, generally known as "nonreservation" Navajo, your sympathetic consideration to the end that sufficient appropriations be made by Congress to enable you to carry out the desire of the Indian Office to help these well-deserving people.

COMMISSIONER'S EMERGENCY FUND

The board has heretofore suggested that Congress place in the hands of the Commissioner of Indian Affairs a lump sum which he can use, at his discretion, to meet immediate demands arising out of epidemics, floods, droughts, community disasters, and other emergencies. The unprecedented drought in the Southwest during the year emphasized the great necessity for a fund of this kind. The Papago and Pima Indians have been distressingly affected by the drought which destroyed all forage on the ranges, with consequent loss of cattle and no food crops for the Indians. The able-bodied men in great numbers have left the reservations to find outside work which, fortunately, has been available. But a considerable number of the older people had to remain at home to care for the few cattle which managed to survive. As the year closed reports of destitution on these reservations began coming to Washington.

The provisions of Indian Service appropriation acts are so restrictive that the commissioner has no free funds with which to meet emergencies, such as those presented by the Papago and Pima Indians. Almost every year some Indian community is the victim of an unpreventable and unexpected disaster. We again urgently recommend that Congress provide for an emergency fund such as we have suggested, so that the commissioner may adequately take care of such urgent needs as those we have mentioned.

LAW AND ORDER

In our opinion the rapid progress of the Indian people and the increasing commingling of Indians and their white neighbors is emphasizing the necessity of making State laws concerning crime, education, marriage, and health applicable within Indian reservations. Several "law and order" bills were introduced in the last three. Congresses, but no action was taken on any. We have hereto