Willingham was born on February 11, 1907, too late to be enrolled and receive an allotment. In November, 1908, Emma Derrisaw Willingham died intestate, leaving surviving her Doc Willingham, her husband, and Tootie Riley and Julia Willingham, her children. As Julia Willingham was born subsequent to March 4, 1906, the right of possession and occupancy of the homestead allotment of her deceased mother for her use and support until April 26, 1931, is vested in her by the terms of section 9 above quoted. Upon the death of Emma Derrisaw Willingham, the title to her homestead allotment, subject to the rights of Julia Willingham, vested in Doo Willingham, Tootie Riley, and Julia Willingham, in fee, in equal shares.

On October 3, 1912, Tootie Riley and Julia Willingham, minors, by their respective guardians and Doc Willingham, the sole heirs of Emma Derrisaw Willingham, deceased, made an oil and gas mining lease covering the 40 acres of land allotted as homestead to Emma Derrisaw Willingham, which lease was in due time approved by the Secretary of the Interior. Oil was found in the land covered by this lease and the royalties provided for have been and are being paid by the lessee into the office of the Superintendent for the Five Civilized tribes and there held in trust for the use and benefit of the lessors, according to their respective interests. The question as to whom and in what amounts these royalties should be distributed has now been finally determined by the Supreme Court of the United States in the case of Gabe E. Parker, superintendent, et al., v. Tootie Riley, a minor, et al., decided May 19, 1919, wherein the court held that Julia Willingham is entitled to the use of the royalties-that is to say, the interest or income which may be obtained by properly investing them during a period not beyond April 26, 1931, leaving the principal, like the land, to go to the heirs in general on the termination of her special right.

EASTMAN RICHARD CASE.

Samuel Richard, a minor full-blood Creek Indian, was given an allotment of 160 acres of the lands of the Creek Nation, and on April 13, 1912, acting through his guardian, he executed an oil and gas mining lease covering his allotment, which lease was approved by the probate court and later by the Secretary of the Interior under rules and regulations prescribed by him. On January 24, 1916, and while yet a minor, Samuel Richard died, leaving as his sole heir his father, Eastman Richard, a full-blood Creek Indian, who was afterwards appointed one of the two coadministrators of the estate of said Samuel Richard, deceased. The lease above referred to provides for the payment to the superintendent for the Five Civilized Tribes, for the use and benefit of the lessor, of a royalty on the proceeds of oil and gas obtained from the land. The owners of the lease have extracted large quantities of oil from the land, both before and after the death of the lessor, and have paid the superintendent as royalties approximately $382,000, the greater part of which was paid during the lifetime of the lessor. Suit was brought by these administrators against the superintendent and cashier for the Five Civilized Tribes to recover this money and to restrain them from collecting royalties further under the lease.

Section 9 of the act of Congress approved May 27, 1908 (35 Stat., 312), reads in part as follows:

That the death of any allottee of the Five Civilized Tribes shall operate to remove all restrictions upon the alienation of said allottee's land; provided that no conveyance of any interest of any full-blood Indian heir in such land shall be valid unless approved by the court having jurisdiction of the settlement of the estate of said deceased allottee.

The questions presented by the suit brought by the administrators of the estate of Samuel Richards, deceased, were whether the land covered by the lease, following the death of Samuel Richard, the allottee, became unrestricted, and whether the supervisory authority of the Secretary of the Interior over the collection, care, and distribution of the royalties accrued and accruing from said land had terminated. On June 2, 1919, the Supreme Court of the United States, on appeal, rendered its decision covering the questions in issue in the case of Gabe E. Parker, superintendent, et al., v. Eastman Richard and R. D. Martin, coadministrators, etc., wherein the court held that the land covered by the lease was then and would remain restricted land until April 26, 1931, unless prior to that time the heir, with the approval of the proper county court, saw fit to convey his interest therein to another, and that the authority of the Secretary of the Interior to supervise the collection, care, and disbursement of the royalties had not terminated.

This decision seems to make clear that oil and gas mining leases covering lands inherited by full-blood Indian heirs, whether such leases be executed prior or subsequent to the death of the allottee, and the royalties accruing thereunder, are subject to the supervisory authority of the Secretary of the Interior during the time such lands remain restricted.

HEALTH.

Health conditions among the Indians of the Five Civilized Tribes continue as in my previous reports, except no doubt, many diseases which might have been arrested have eaten deeper into those afflicted and spread to others. No additional facilities have been provided, notwithstanding my urgent recommendations for sanatoría, physicians, and nurses.

Dr. Walter S. Stevens, special physician, Indian Office, spent from February 21, 1919, to June 10, 1919, among the Seminoles. A résumé of his report shows the following:

Number of Indians, exclusive of freedmen (Seminole County).
Number of persons examined by special physician...

Number of cases reported on information...

Number of cases of trachoma found, all stages...

Number of cases conjunctivitis, not included above..

Total blindness.

Blind in one eye....

Corneal ulcer, active..

Pterygium...

Errors in refraction..

Tuberculosis, all forms (physical examination only).
Rheumatism..

Chronic malaria..

2, 141

989

384

376

121

2

10

16

21

18

41

84

90

It is reasonable and quite certain that the situation in the other tribes is relatively about as reported by Dr. Stevens as to the Seminoles.

Reports from field men show the following with reference to the epidemic of Spanish influenza approximately from October 1, 1918, to March 1, 1919:

The death rate shown above, while probably not greater than among whites, could no doubt have been materially reduced had the services of a well-equipped health organization been available.

As stated in a former report, the health problem resolves itself primarily into an educational campaign, for ignorance and indifference are largely responsible for the spread of contagious and infectious diseases. This campaign should be carried on by a permanent organization of competent and well-equipped doctors and field matrons working in cooperation with the field employees. In addition, special hospital facilities should be provided for the Cherokees, Creeks, and Seminoles.

EDUCATION.

The education of children of the Five Civilized Tribes is under the immediate supervision of Mr. A. S. Wyly, supervisor. Tribal and nonreservation Government schools usually are filled to capacity. There are no day schools exclusively for Indians, but there are 2,377 school districts in eastern Oklahoma, and in most instances, Indian children live within reasonable distances from public schools, although in some localities where there is considerable nontaxed Indian land, school facilities are not always convenient. In many homes the parents do not speak the English language, consequently their children are handicapped in their school work. My field men report a gratifying percentage of Indian children enrolled in neighborhood schools, but the regularity of attendance is not as good as it should be. It is desirable that liberal congressional appropriations be made for several years to aid the schools in eastern Oklahoma, else many children living in communities having large areas of nontaxed land will be without educational facilities. For details, see Supervisor Wyly's report.

NEEDED LEGISLATION.

TRIBAL AFFAIRS.

1. For the survey of the boundary line between the State of Texas and the Choctaw and Chickasaw Nations along the Red River.

2. For the distribution of Choctaw, Chickasaw, Creek, and Seminole tribal funds on deposit and as they accumulate.

3. An appropriation of $8,000 to index and properly preserve tribal records.

INDIVIDUAL INDIANS.

1. An appropriation of $205,000 for the administration of the affairs of the Five Civilized Tribes.

2. An appropriation of $5,000 to copy in book form Creek census cards.

3. An appropriation of $200,000 for the aid of common schools in eastern Oklahoma for the fiscal year 1921.

4. Provision for sanatoria, treating stations, physicians, and nurses, conveniently located, for the treatment and prevention of diseases. 5. Repeal of the law which authorizes restricted lands to be leased for agricultural purposes without Federal supervision.

6. Repeal of the law which provides that restricted lands shall become unrestricted immediately upon the death of the allottee.

7. Repeal of the law which authorizes the execution of valid wills disposing of restricted property without departmental approval.

8. Provision for a Federal board of guardianship and administratorship of estates of minors and heirs to coordinate with the Federal Land Loan Board.

CONCLUSION.

I recommend immediate and ample appropriations for health facilities and for farmers and field matrons. Health and industry are indispensable to competency, happiness, and good citizenship.

I urge the appropriation of $205,000 for the administration of the affairs of the Five Civilized Tribes. Considering the volume of necessary work, the increased cost of labor, materials, and expenses $185,000 is inadequate to support the character and scope of administration needed. To prevent a deficit of $20,000 during this year furloughs and curtailments of activities had to be effected for the months of April, May, and June. Justifications in detail will be submitted at the proper time.

Respectfully,

GABE E. PARKER, Superintendent for the Five Civilized Tribes.

The honorable the COMMISSIONER OF INDIAN AFFAIRS.

ANNUAL REPORT OF THE SUPERVISOR OF INDIAN SCHOOLS, FIVE CIVILIZED TRIBES.

OFFICE SUPERVISOR OF SCHOOLS,

FIVE CIVILIZED TRIBES, Muskogee, Okla., July 24, 1919.

There is submitted herewith my annual report as supervisor of Indian schools of the Five Civilized Tribes for the fiscal year ended June 30, 1919.

BOARDING SCHOOLS.

Nine of the ten Indian boarding schools in this jurisdiction are maintained from tribal funds, the plants being owned by the Choctaw, Chickasaw, Creek, and Seminole Nations. The Chreokee Orphan Training School is a Government institution and is supported by congressional appropriation. Four of the schools enroll girls only, three boys exclusively, and three are coeducational.

Superintendents endeavor to give preference in enrollment to children having a large degree of Indian blood who do not have good school facilities near their homes, but at the tribal schools this is not always practicable. Indian parents without regard to degree of blood are interested in tribal funds and usually the mixed bloods are more prompt to take advantage of the opportunities afforded by the boarding schools, but notwithstanding there were 1,111 restricted children of the 1,370 enrolled, or slightly more than 81 per cent of the total enrollment. The enrollment at the Cherokee school is limited by an act of Congress to orphan children of restricted Indian parents. The schools were visited frequently during the year and two reports of inspection were made on each.

EMPLOYEES.

There were five changes in superintendents during the year. Supt. Farver, of Armstrong Academy, resigned in August, 1918, to enter the Army, and Special Supervisor E. A. Porter was detailed to Armstrong and remained in charge until March, 1919, when the former superintendent was reinstated. Supt. Ransom, of the Cherokee School, resigned soon after the opening of the term and Mr. James P. Ryder, principal of the Sisseton Indian School, South Dakota, was appointed superintendent. Supt. Clark, of Nuyaka, was transferred to the Phoenix Indian School as chief clerk, and Mr. Jack Brown, who was formerly principal teacher at Nuyaka for three years, succeeded him. Supt. Dilbeck, of Tuskahoma, was transferred to Euchee to fill the vacancy caused by the resignation of Supt. Batson, and Miss Amanda Eld, principal at Tuskahoma for the past 14 years, was promoted to the superintendency of that school.

There were not as many changes in subordinate positions as last year, and with few exceptions employees have rendered faithful, conscientious service. The superintendents have cooperated in maintaining a good standard of efficiency and generally speaking the social relations among employees have been harmonious, and they have shown a spirit of earnest, helpful cooperation.