tion act for the fiscal year 1920 (Public, No. 3, 66th Cong.), and reads as follows:

That the Secretary of the Interior is hereby authorized, wherever in his discretion such action would be for the best interest of the Indians, to cause a final roll to be made of the membership of any Indian tribe; such rolls shall contain the ages and quantum of Indian blood, when approved by the said Secretary, are hereby declared to constitute the legal membership of the respective tribes for the purpose of segregating the tribal funds as provided in section 28 of the Indian appropriation act approved May 25, 1918 (Fortieth Statutes at Large, pp. 591 and 592), and shall be conclusive both as to ages and quantum of Indian blood: Provided, That the foregoing shall not apply to the Five Civilized Tribes, or to the Osage Tribe of Indians, or to the Chippewa Indians of Minnesota, or the Menominee Indians of Wisconsin.

Pursuant thereto, steps have been taken looking toward the preparation of final rolls on several of the reservations, which, when approved, will furnish the basis for the segregation of the tribal funds of the Indians residing thereon. It is also expected that this action will likewise be taken on a number of other reservations during the coming year.

INDIANS IN NEW YORK.

About 5,000 Indians, descendants of various tribes formerly com prising the Iroquois League, still remain in New York. They own seven "reservations" aggregating something over 80,000 acres, scattered from Long Island on the east to Lake Erie on the west and from the Canadian border on the north to the Pennsylvania line on the south. Unusual problems frequently arise in connection with the affairs of these people, superinduced largely by the mooted question of jurisdiction, State or Federal, over them. Heretofore the jurisdiction exercised by the State has been quite extensive. It has maintained some 33 schools for the education of Indian youth; has constructed and maintained highways through the reservations; has provided agents to supervise their internal affairs; has, in a measure, looked after their physical welfare and has endeavored to exercise limited police powers over them. Supervision by the Federal Government has been confined largely to the fulfillment of certain early treaty obligations, such as the distribution per capita of small annuities, including a few yards of gingham and sheeting. One physician located at Gowanda, N. Y., and one special agent located at Salamanca, N. Y., are the only two local Federal employees directly concerned in the administration of affairs relating to the New York Indians.

Complicated legal questions frequently arise involving land titles within these reservations and as the "title" to each reservation rests on an entirely different basis the several reservations present individual problems peculiar within themselves. Recent court decisions

have but tended to strengthen the opinion previously entertained here that the State is without power to deal with the tribal property rights of these people, particularly those relating to their land matters; Congress alone having the power to do this.

The peculiar status of these people leads but to the conclusion that they are practically the wards of both the Nation and the State. A conference was held at Syracuse, N. Y., on March 6 and 7 of this year for the purpose of considering the New York Indian problem and working out some effective solution of the various difficulties connected with their affairs. This conference was composed largely of State officials, representatives from the various Indian tribes, independent philanthropic associations, friends of the Indians, and others interested in their welfare. This resulted in a request on the governor of the State that the matter be placed before the State legislative assembly. Later that body authorized the appointment of a commission from the State to take up with Congress and departments of the Federal Government the question of jurisdiction over these Indians and the exercise of administrative control over their affairs. The commission not yet having visited this city, just what action will flow from this remains to be seen.

THE SEMINOLES OF FLORIDA.

An Indian Service field man of wide experience, whose degree of Indian blood gives him a fortunate approach to the character and needs of this isolated band, has given faithful study and labor to their interests during the year, and his work is showing encouraging results. The principal difficulty to be overcome is the inherited antagonism of the Indians toward the Government. Under a policy of sympathetic and kindly treatment, they are gradually changing and have begun to realize the good intentions of the Government, and to take advantage of the opportunities extended in their behalf.

Besides 100,000 acres set aside for them by the State, these Indians own approximately 26,000 acres of land, part of it purchased for them by the Federal Government and the remainder set aside by Executive order. A station is being established on a tract of land set aside for them by the Government, about 75 miles southeast of Fort Myers, Fla., as the nucleus of an industrial center. The Indians, who live in small bands scattered over a wide area of swampy land, will be offered day labor at reasonable wages and thus encouraged to contribute in a self-helpful way to the development of a community having demonstration and other industrial advantages. The tract is now being fenced to provide, among other purposes, an inclosure for a small herd of cattle the purchase of which is under consideration, so that whenever an Indian shows sufficient individual enterprise, he will be sold a few head of such stock on the reimbursable plan; later

it is proposed to make the same arrangement for the sale of hogs. The Indians who have hitherto been averse to educational overtures, will thus be drawn by regular association at the industrial center into frequent contact with the Government's influence and guidance, and this should awaken their confidence and lead them to accept the benefits of schooling for their children which it is desired to furnish at an early date. The health and sanitary conditions among these Indians, as elsewhere, are of primary importance in developing their industrial and economic progress, and, therefore, an exhaustive health survey among the Seminoles by one of the most experienced physicians in the service is under way with the view of working out a practical and comprehensive program for their advancement. When this shall have been accomplished the way will be opened for the effective prosecution of work for their welfare along other lines,

ALABAMA INDIANS IN TEXAS.

In conformity with the purpose announced in my last annual report of extending a helping hand to these and other "forgotten Indians," in order that they shall have greater opportunities toward civilization, Congress appropriated $5,000 for the construction of a school building for this particular tribe, which is now in course of construction and will be completed in time for the next school year. This building will accommodate all of the children of school age in this band.

HOMELESS INDIANS IN CALIFORNIA.

The condition of Indians not on reservations in the State of California has given this office great concern during the past few years. Conflicting reports as to their health, poverty, and moral conditions have been received, and to secure dependable information concerning these conditions two inspecting officers have been detailed to make a thorough survey and study of the homeless nonreservation California Indians and their needs.

During the course of their study of conditions the inspectors are required to give specific information as follows:

1. The names of all homeless nonreservation Indians, age, marital condition, family, locality where living, tribe, degree of Indian blood, and number of children of school age in each family.

2. The land situation near each group of Indians, general character of soil, etc., and approximate selling price.

3. Attitude of whites in the neighborhood of each group of Indians, especially whether Indian children are admitted or welcomed in white schools, whether any effort is made by State and county school authorities to get these children into white Echools.

4. Your opinion, and reasons therefor, as to wisdom of the Government providing schools in localities where Indians are sufficiently grouped to afford an average attend

ance. Would such schools be practicable, or should the education of such Indian children be undertaken by the State.

5. The general health conditions of each group of Indians, sanitary modes of living, how medical attention is now obtained, and should the Government undertake to furnish such aid; if so, how, and approximate cost. Could there be cooperation on this important subject.

6. Make a numerical summary of the results of your survey, giving number of nonreservation Indians, degree of Indian blood, and number of children in each county. When completed this survey will enable both the Indian Office and Congress to understand the needs and requirements of these Indians.

Out of the appropriation available during the fiscal year for the purchase of land for landless Indians in California homes have been purchased for certain of these Indians at an expense of approximately $16,000. Contracts for the sale of these lands have been consummated and possession will be given at an early date.

PAPAGO LAND LITIGATION.

There is pending at this time in the Supreme Court of the District of Columbia a case which is regarded as one brought to test the validity of 16 purported quit-claim deeds attempting to convey to one Robert F. Hunter, late of Washington, D. C., a one-half undivided interest in 16 tracts of land alleged to represent the "lands and grants" of certain Papago Indian villages located in Pima County, Ariz., and now embraced in the Papago Indian Reservation created by Executive order of February 1, 1917. The lands in which the interest is attempted to be conveyed aggregate approximately 2,600000 acres. The deeds in question purport execution in 1880 by certain Papago Indian chiefs, 10 of such deeds being recorded in 1914 and the remaining 6 in 1919. The pending action was originally brought in the Supreme Court of the District of Columbia in January, 1915, in the name of the "Pueblo of Santa Rosa," the title of the case being "The Pueblo of Santa Rosa, plaintiff, v. Franklin Knight Lane, Secretary of the Interior, and Clay Tallman, Commissioner of the General Land Office, defendants." The action is in the nature of an injunction proceeding brought for the purpose of restraining the pefendants from interfering in any manner with certain "lands and grants" alleged to be owned by the purported "Pueblo" named as plaintiff. The particular tract of land set out in the bill of complaint as being the property of "The Pueblo of Santa Rosa" is identical with that described in one of the deeds mentioned above.

On April 25, 1916, the Supreme Court of the District of Columbia dismissed the action above named. Upon an appeal to the Court of Appeals of the District of Columbia, that court, without giving the Government an opportunity to answer the original bill of complaint, handed down an opinion on April 27, 1917, reversing the action of

the court below and entered an order restraining the Government officers named as defendants from interfering with the property rights of the plaintiff. Upon appeal to the Supreme Court of the United States that court handed down an opinion on March 3, 1919, reversing the decrees of both courts below and remanding the case to the court of the first instance with directions to afford the defendants an opportunity to answer the orginal bill of complaint. The case having been reinstated on the docket of the Supreme Court of the District of Columbia, the Government filed its answer on June 7, 1919, and the case now awaits hearing in that court.

It is the contention of the Government in its answer that this suit was brought without the knowledge or consent of the Papago Indians; that it was brought by attorneys representing Robert M. Martin of Los Angeles, Calif., who, in 1911, purchased a three-fourths interest from Robert F. Hunter in what rights may be held by him in 10 of the 16 deeds to Indian land mentioned; that said Martin represents interests antagonistic to the Papago Indians.

In this suit is involved questions of title to practically all the land embraced within the limits of the present Papago Indian Reservation, and its successful prosecution is of vital interest to the Papago of that country. For this reason a special supervisor of this office has for the past year been engaged in a thorough investigation of the entire situation and in assisting the Department of Justice.

LEGISLATION.

Congress passed the Indian appropriation act on June 30, 1919, appropriating $14,575,494.94 for the usual expenses for the Indian Service. Among the items of especial interest are the following:

For the suppression of the traffic in intoxicating liquors among Indians, $100,000.

The annual per capita cost for schools is limited to not exceed $225 unless the attendance numbered less than 200 pupils, in which case the per capita expenditure of not to exceed $250 may be authorized. The number of pupils in any school entitled to the per capita allowance hereby provided for shall be based upon average attendance, determined by dividing the total daily attendance by the number of days the school is in session.

The sum of $50,000 is appropriated for improving springs, .drilling wells, and otherwise developing and conserving water for the use of stock, and for the purpose of increasing the available grazing range on unallotted lands on Indian reservations.

Authority is granted to cause a final roll to be made of the membership of any Indian tribe, such rolls, when approved, to constitute the legal membership of the respective tribes.