2 of the Second Deficiency Appropriation Act for the fiscal year 1935 (49 Stat. 571, 596). It is a matter for the determination of the Congress whether this bill shall be enacted into law, but this Office knows of no reason why the Miami Nation of Indians of Indiana should not be allowed to submit any claims it may have against the Government to the Court of Claims. MY DEAR MR. CHAIRMAN: This will refer to your request for a report on the Committee Print, dated April 21, 1939, of H. R. 2306, conferring jurisdiction upon the Court of Claims, with the right of appeal to the Supreme Court of the United States, to hear, examine, adjudicate, and enter judgment in all claims which the Miami Tribe of Indians, the Miami Indians, residents of the State of Indiana, may have against the United States. As I am not aware of any reason which would justify the submission of the claims of the Miami Indians to the Court of Claims, I recommend that the proposed legislation be not enacted. On March 9, 1939, this Department submitted to your committee a report on H. R. 2306, as introduced, in which there was discussed the claim of both the Western Miamis and the Miamis of Indiana for interest alleged to be due them on moneys unlawfully diverted from their tribal funds on various dates from 1858 to 1867. As disclosed by the hearings held on the bill on April 11, 1939, before the House Subcommittee on Indian Affairs, however, it appears that the principal cause of complaint by these Indians involves those provisions of the treaty of June 5, 1854 (10 Stat. 1093), by which a perpetual annuity of $25,000 due them annually under article IV of the treaty of October 23, 1826 (7 Stat. 300), was capitalized and released. In compliance with the treaty of November 28, 1840 (7 Stat. 582), the Miami Tribe removed to Kansas in the year 1846, but a large number of individual members had special permission under the treaties of 1838 and 1840 and certain resolutions of Congress to remain in Indiana. The amounts due the tribe were thereafter divided, one part being distributed among the Western Miamis, or those who had removed to Kansas, and the other part to the individual Miami Indians who had remained in Indiana. By article IV of the treaty of 1854, the United States, in consideration of the relinquishment and release by the Miami Tribe of the permanent annuity of $25,000 stipulated in article IV of the treaty of 1826, and all other annuities of every kind or description to which the Indians were then entitled, and their claims under former treaties, agreed to pay the Miami Indians the sum of $421,438.68, of which $190,434.68 was to be paid to the Western Miamis and the remaining $231,004 to the Miami Indians of Indiana. Under article IV of the treaty as originally agreed upon the amounts due both groups of Miami Indians would have been paid out in six equal annual installments, the first to be paid in October 1854. The Miami Indians of Indiana, however, requested an amendment to the treaty which was agreed to by the Senate on August 4, 1854, by which article IV thereof was changed to provide that $9,746.14 of their share be paid immediately to certain individuals and the remaining $221,257.86 invested under the direction of the President at an interest of 5 percent per annum for a period of 25 years, at the end of which time, or sooner if required by the Indians, the principal sum was to be paid in full. The records show that the obligations of the United States under the treaty as amended were fully discharged. Line 25, page 3, and lines 1 to 9, page 4, of the committee print of the bill, would repeal those provisions of article IV of the Treaty of 1854 which effected a release of the permanent money annuity stipulated in article IV of the Treaty of 1826, and would direct the Court of Claims to determine the amount paid for the release of the annuity and deduct that sum from the amount to be paid by the terms of "article IV of the Treaty of June 5, 1854," and render judgment for any balance found to be due. It is believed that it was intended to refer to the Treaty of October 23, 1826, in line 8, page 4, of the committee print, rather than that of June 5, 1854. This would recognize the Indians as being entitled to an of the appropriation, taking, acquisition, or deprivation, and that no claim shall be asserted or judgment rendered which includes any increment, interest, or an equivalent thereof, from the date of the taking to the date of the judgment, as an element of just compensation or otherwise and this provision is not severable from any provisions of this Act. If any claim or claims be submitted to said courts, they shall settle the rights therein, both legal and equitable, of each and all parties thereto, notwithstanding lapse of time or statutes of limitation, and any payment which may have been made upon any claims so submitted shall not be pleaded as an estoppel, but may be pleaded as an offset in such suits or actions, including gratuity expenditures made by the United States for the benefit of said Indians as are directed to be set off by the Second Deficiency Appropriation Act, fiscal year 1935 (Public, Numbered 270, Seventy-fourth Congress). The claim or claims of the Miami Tribe of Indians or the Miami Indians, residents of Indiana, may be presented separately or jointly by petition, at any time within five years, subject, however, to amendment, and the petition shall be verified by the attorney or attorneys employed by the Miami Tribe of Indians, the Miami Indians, residents of Indiana, under contract, approved by the Secretary of the Interior, and the Commissioner of Indian Affairs in accordance with sections 2103 and 2105 of the United States Revised Statutes to prosecute their claims under this Act. Official letters, papers, records, documents, and public records or certified copies thereof may be used in evidence; and the department of the Government shall give access to the attorney or attorneys of such Indians to copies of such treaties, papers, correspondence, and records as may be needed by the said attorneys. Upon the final determination of the cause the Court of Claims shall decree such fees as may be deemed fair and reasonable for services rendered to be paid to the attorney or attorneys, such fees not to exceed 10 per centum of the amount of the judgment recovered and the same shall be paid out of any sum or sums found due such tribe of Indians. Such suit, suits, or causes of action shall be advanced on the docket of the Court of Claims and by the Supreme Court of the United States if the same shall be appealed. The Commissioner of Indian Affairs and the General Accounting Office are hereby authorized to prepare a statement of the account of the Miami Indians with the United States, showing all receipts and disbursements since the last such general statement, if one has heretofore been made, a copy of such statement to be furnished the attorney for the Miami Indians. Amend the title so as to read: A bill conferring jurisdiction upon the Court of Claims, with the right of appeal to the Supreme Court of the United States, to hear, examine, adjudicate, and enter judgment in all claims which the Miami Tribe of Indians, the Miami Indians, residents of the State of Indiana, may have against the United States, and for other purposes. The committee voted to strike all after the enacting clause and to insert thereafter the committee print of the bill dated April 21, 1939. Your committee believe that there is merit in the claim and that there should be no reason why the same should not be heard and adjudicated by the Court of Claims. Copies of reports from the Secretary of the Interior and the Comptroller General are included herein. They follow: Hon. WILL ROGERS, Chairman, Committee on Indian Affairs, GENERAL ACCOUNTING OFFICE, House of Representatives. MY DEAR MR. CHAIRMAN: There was acknowledged January 17, 1939, your letter of January 16 requesting a report on H. R. 2306, Seventy-sixth Congress, a copy of which you enclosed with your letter, to confer jurisdiction upon the Court of Glaims, with right of appeal to the Supreme Court of the United States, to hear, examine, adjudicate, and enter judgment in all claims which the Miami Indians of Indiana, who are organized and incorporated as the Miami Nation of Indians of Indiana, may have against the United States. The bill has been examined, and apparently the terms of the third paragraph thereof are broad enough to include the offsetting provision as set forth in section 2 of the Second Deficiency Appropriation Act for the fiscal year 1935 (49 Stat. 571, 596). It is a matter for the determination of the Congress whether this bill shall be enacted into law, but this Office knows of no reason why the Miami Nation of Indians of Indiana should not be allowed to submit any claims it may have against the Government to the Court of Claims. MY DEAR MR. CHAIRMAN: This will refer to your request for a report on the Committee Print, dated April 21, 1939, of H. R. 2306, conferring jurisdiction upon the Court of Claims, with the right of appeal to the Supreme Court of the United States, to hear, examine, adjudicate, and enter judgment in all claims which the Miami Tribe of Indians, the Miami Indians, residents of the State of Indiana, may have against the United States. As I am not aware of any reason which would justify the submission of the claims of the Miami Indians to the Court of Claims, I recommend that the proposed legislation be not enacted. On March 9, 1939, this Department submitted to your committee a report on H. R. 2306, as introduced, in which there was discussed the claim of both the Western Miamis and the Miamis of Indiana for interest alleged to be due them on moneys unlawfully diverted from their tribal funds on various dates from 1858 to 1867. As disclosed by the hearings held on the bill on April 11, 1939, before the House Subcommittee on Indian Affairs, however, it appears that the principal cause of complaint by these Indians involves those provisions of the treaty of June 5, 1854 (10 Stat. 1093), by which a perpetual annuity of $25,000 due them annually under article IV of the treaty of October 23, 1826 (7 Stat. 300), was capitalized and released. In compliance with the treaty of November 28, 1840 (7 Stat. 582), the Miami Tribe removed to Kansas in the year 1846, but a large number of individual members had special permission under the treaties of 1838 and 1840 and certain resolutions of Congress to remain in Indiana. The amounts due the tribe were thereafter divided, one part being distributed among the Western Miamis, or those who had removed to Kansas, and the other part to the individual Miami Indians who had remained in Indiana. By article IV of the treaty of 1854, the United States, in consideration of the relinquishment and release by the Miami Tribe of the permanent annuity of $25,000 stipulated in article IV of the treaty of 1826, and all other annuities of every kind or description to which the Indians were then entitled, and their claims under former treaties, agreed to pay the Miami Indians the sum of $421,438.68, of which $190,434.68 was to be paid to the Western Miamis and the remaining $231,004 to the Miami Indians of Indiana. Under article IV of the treaty as originally agreed upon the amounts due both groups of Miami Indians would have been paid out in six equal annual installments, the first to be paid in October 1854. The Miami Indians of Indiana, however, requested an amendment to the treaty which was agreed to by the Senate on August 4, 1854, by which article IV thereof was changed to provide that $9,746.14 of their share be paid immediately to certain individuals and the remaining $221,257.86 invested under the direction of the President at an interest of 5 percent per annum for a period of 25 years, at the end of which time, or sooner if required by the Indians, the principal sum was to be paid in full. The records show that the obligations of the United States under the treaty as amended were fully discharged. Line 25, page 3, and lines 1 to 9, page 4, of the committee print of the bill, would repeal those provisions of article IV of the Treaty of 1854 which effected a release of the permanent money annuity stipulated in article IV of the Treaty of 1826, and would direct the Court of Claims to determine the amount paid for the release of the annuity and deduct that sum from the amount to be paid by the terms of "article IV of the Treaty of June 5, 1854," and render judgment for any balance found to be due. It is believed that it was intended to refer to the Treaty of October 23, 1826, in line 8, page 4, of the committee print, rather than that of June 5, 1854. This would recognize the Indians as being entitled to an annuity of $25,000 for each year since 1855 and would require the court to deduct from the total amount due for those years the amount paid for the release of the annuity and render a judgment for the difference. Moreover, the bill would create a liability where none now legally or equitably exists, requiring the United States to pay $25,000 annually forever to these Indians, a large if not the greater portion of whom (the Miamis of Indiana) are not tribal Indians and have not been subject to the supervision and control of the Federal Government since 1881. (See 25 L. D. 426; H. Misc. Doc. No. 83, 51st Cong., 2d sess.) Whether the perpetual annuity payable to the Miami Indians prior to the capitalization effected by the Treaty of 1854 is to be reinstated is, of course, a question to be determined by the Congress. I am unable to recommend that such action be taken. There is nothing of which we are aware indicating that the Treaty of 1854 was an unconscionable agreement or that the Miami Indians were over reached when their consent was obtained to a capitalization of their perpetual annuity. The annuity was released and relinquished for a valuable consideration which was paid in full many years ago, and there is no justification for its reinstatement. The Director of the Bureau of the Budget has advised me that there would be no objection to the presentation of this report to the Congress. Sincerely yours, О HAROLD L. ICKES, AUTHORIZING THE PRESIDENT TO ORDER MEMBERS AND UNITS OF RESERVE COMPONENTS AND RETIRED PERSONNEL OF THE REGULAR ARMY INTO ACTIVE MILITARY SERVICE AUGUST 20, 1940.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. MAY, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany S. J. Res. 286] The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the joint resolution (S. J. Res. 286) to strengthen the common defense and to authorize the President to order members and units of reserve components and retired personnel of the Regular Army into active military service, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its amendments numbered 1, 3, 9, and 19. That the Senate recede from its disagreement to the amendments of the House numbered 4, 5, 6, 8, 10, 11, 12, 13, 14, and 16, and agree to the same. Amendment numbered 2: That the Senate recede from its disagreement to the amendment of the House numbered 2, and agree to the same with an amendment, as follows: In lieu of the matter proposed to be inserted by the House amendment insert the following: (except that any person in the National Guard of the United States under the age of 18 years so ordered into the active military service shall be immediately issued an honorable discharge from the National Guard of the United States); and the House agree to the same. |