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and Western Cherokee Indians of Oklahoma and North Carolina." I transmit herewith a memorandum on the subject that has been submitted by Commissioner Rhoads of the Office of Indian Affairs.

After a review of the proposed measure, I agree with Mr. Rhoads.

Very truly yours,

RAY LYMAN WILBUR, Secretary.

DEPARTMENT OF THE INTERIOR,
Washington, February 18, 1931.

39

Reference is made herein to H. R. 16858, entitled "A bill to confer jurisdiction on the Court, of Claims to hear and determine certain claims of the Eastern Emmigrant and Western Cherokee Indians of Oklahoma and North Carolina,' and to the request of February 11, 1931, of Hon. Scott Leavitt, chairman of the Committee on Indian Affairs, House of Representatives, for your report thereon for the benefit of the committee.

The bill has for its purpose the conferring of jurisdiction upon the Court of Claims, notwithstanding the lapse of time or statutes of limitation, to hear, examine and adjudicate, and render judgment in any and all legal and equitable claims arising under or growing out of any treaty or agreement between the United States and "The Cherokee Indians, band or tribe," or arising under or growing out of any act of Congress in relation to Indian Affairs, which said Cherokee Indians, band or tribe, may have against the United States.

Section 1 of the bill is not altogether clear, but it is presumed that it refers to such interest as the "Eastern Emmigrant and Western Cherokee Indians" and "The Eastern Band of North Carolina Cherokee Indians" may have in claims of the Cherokee Nation or any band thereof, against the United States. Section 2 of the bill provides that "The Eastern Emmigrant and Western Cherokee Indians as a corporation shall file any suit or suits or claims on behalf of the Cherokee Indians by blood, which claims have not heretofore been determined and adjudicated on their merit by the Court of Claims or the Supreme Court of the United States." This would undoubtedly include the claims of individual Indians. The bill does not state what the claims are.

From papers on file in the Indian Office relating to the claim of the "Eastern Emmigrant and Western Cherokee Indians," it is presumed that the bill has relation to the claims of said Indians to compensation for tribal lands allotted to freedmen and intermarried white members of the Cherokee Indian Nation, Oklahoma, and by reason of the shares of tribal funds distributed to such freedmen and intermarried white members of that nation. Article 2 of the treaty of December 29, 1835, of the United States with the Cherokee Nation (7 Stat. L. 478), related to the cession of certain described land to the Cherokee Nation. Under article 3 of the treaty, a patent was issued on December 31, 1838, by the President of the United States to the Cherokee Nation, covering the lands ceded to said Cherokee Indian Nation.

The eastern band of North Carolina Cherokee Indians are not members of the Cherokee Nation, Oklahoma, and have no rights or interests in the tribal property of the Cherokee Nation, Oklahoma, nor in the claims of said Indian nation against the United States. In this connection, reference is herein made to the decision of March 1, 1886, of the Supreme Court of the United States in the case of the Eastern Band of Cherokee Indians v. The United States and the Cherokee Nation (117 U. S. 288). The "Eastern Emigrant and Western Cherokee Indians," unless enrolled members on the final rolls of the Cherokee Nation, Oklahoma, have no right or interest in the Cherokee national property or claims. The Eastern Emigrant and Western Cherokee Indians who are enrolled on the final rolls of the Cherokee Nation as members entitled to share in the tribal property, have no interest distinct or separate from other members of the Cherokee Nation in the tribal lands and claims. By act of Congress approved March 19, 1924 (43 Stat. L., 27), as modified by joint resolution of May 19, 1926 (44 Stat. L. 568), the Court of Claims was given jurisdiction to hear, determine, adjudicate, and enter judgment in any claims which the Cherokee Indian Nation, Oklahoma, might have against the United States under any treaty of the United States with the Cherokee Nation or under any act of Congress relating to Indian affairs which had not theretofore been adjudicated by the Court of Claims or the Supreme Court of the United States.

By joint resolution of Congress approved February 19, 1929 (45 Stat. L. 1229), the time allowed the Cherokee Nation to file its suits or claims against the United

States was extended to June 30, 1930. The attorneys employed by the Cherokee Nation under the above-mentioned jurisdictional act of March 19, 1924, have prepared and instituted in the Court of Claims a number of suits against the United States covering a large number of the tribal claims against the Government, which suits are now pending in said court.

The corporation described in section 2 of the bill as "The Eastern Emmigrant and Western Cherokee Indians," is not representative of the Cherokee Nation, Oklahoma, and has no authority to appear for or in its behalf in the matter of the claims of the Cherokee Nation against the United States. If the Eastern Emmigrant and Western Cherokee Indians or the Eastern Band of North Carolina Cherokee Indians or any other band or group of the Cherokee Indians have or believe they have any separate or distinct interests in the matters involved in the claims or suits of the Cherokee Nation against the United States in the Court of Claims, said bands or groups may, under existing law (act of March 19, 1924), intervene in said litigation for the protection of any rights they may have in the matters involved.

In view of the above, the enactment of H. R. 16858 is not recommended.
C. J. RHOADS, Commissioner.

WASHINGTON, D. C., February 20, 1931.

Hon. WILLIAM WILLIAMSON,

Chairman Subcommittee, Committee on Indian Affairs,
House of Representatives, Washington, D. C.

Mr. CHAIRMAN: The undersigned Cherokee delegation respectfully submit hereto attached the proposed amendment to S. 5979, which it is believed will meet the objections to the legislation by the Secretary of the Interior and Commissioner of Indian Affairs.

We have eliminated any reference to the North Carolina band of Cherokee Indians. While we have reason to believe that the North Carolina Cherokee Indians may have, or claim to have, an interest in at least one of the claims we expect to litigate under authority of this proposed bill if enacted into law, we do not have any authority to speak for them, and it is believed that they may protect themselves otherwise.

The real object of this bill is to give the Cherokee Indians by blood as such their day in court. The Cherokee Nation, now party plaintiff in numerous suits pending in the Court of Claims under authority of the act of March 19, 1924, while it embraced in its membership the Cherokees by blood, it also included several thousand persons who were not, and are not, Cherokees, and who, under old treaties entered into, prior to the time such nonblood members were incorporated into the Cherokee Nation, will not be entitled to share in the proceeds of certain funds which will be the subject matter of our suits.

We have also eliminated that part of S. 5979 which proposed to authorize the "Eastern Emmigrant and the Western Cherokee Indians as a corporation" to file suits under the proposed legislation.

We have also provided in the proposed amendment submitted, that the Indians described shall file their suits as classes and not as individuals.

We note at the end of Commissioner Rhoads's memorandum that he says "said bands or groups may under existing law (act of March 19, 1924), intervene in said litigation for the protection of any rights they may have in the matters involved." While this may be true, we are advised that it is not at all certain that the rights of the Cherokee by blood can be fully and adequately protected by such procedure.

We have provided in the suggested amendment that the time within which any original or intervening petition may be filed shall be two years instead of five.

We earnestly trust that your subcommittee will decide to report this amendment as a substitute for S. 5979, and recommend its enactment into law. The laudable object of these jurisdictional bills is to afford the Indians a final opportunity, the very last one, to have their day in court, a final and complete settlement by judicial arbitrament of all possible claims which they may have against the Government, and under the authority of these two laws, the act of March 19, 1924, and this one, if it shall be enacted, that object will be fully attained.

Very respectfully,

о

JAS. FOSTER,
S. W. PEAK,
R. C. STUDIE,
Cherokee Delegation.

CHANQUET

SALE OF LANDS DEVISED UNDER WILL OF SOPHIE

FEBRUARY 20, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. LUCE, from the Committee on World War Veterans' Legislation, submitted the following

REPORT

[To accompany H. R. 17121]

The Committee on World War Veterans' Legislation, to whom was referred the bill (H. R. 17121) to authorize the sale of interest in lands devised to the United States under the will of Sophie Chanquet, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

This bill authorizes the Administrator of Veterans' Affairs to sell all right, title, and interest acquired by the United States under the will of Sophie Chanquet, deceased, in lands situated in the counties of Alameda and San Francisco, State of California, upon such terms. and after such public notice by advertisement as he may deem best for the public interest, and to make and execute all needful conveyances. The net proceeds of the sale are to be paid into the Treasury of the United States as miscellaneous receipts.

The purpose of the bill is clearly set forth in the following letter from Gen. Frank T. Hines, Administrator of Veterans' Affairs, under date of January 14, 1931, and addressed to the chairman of the committee:

VETERANS' ADMINISTRATION,
Washington, January 14, 1981.

Hon. ROYAL C. JOHNSON,

Chairman Committee on World War Veterans' Legislation,
House of Representatives, Washington, D. C.

MY DEAR MR. JOHNSON: I have the honor to invite the attention of the committee to the fact that under the will of Sophie Chanquet, of Oakland, Calif., executed March 18, 1927, the United States Veterans' Hospital at Livermore, Calif., was named one of several residuary legatees of an estate consisting of certain real and personal property. As the bureau hospital at Livermore, Calif., is not a corporate entity, but is an institution under the jurisdiction of the Veterans' Bureau, which in turn is a branch of the Federal Government, such

hospital, is incapable of taking title to the bequest, as is likewise the Veterans' Bureau. Title to the bequest is accordingly vested in the United States. Payment in the amount of $1,529.84, representing the share of the United States of the money in said estate, has been made by the executor and covered into the Treasury of the United States.

The devise is in the following language:

"I do hereby give, devise, and bequeath all the rest, remainder and residue of my estate, share and share alike, unto the following organizations, namely: The Red Cross of America; the War Veterans' Hospital at Livermore, Calif.; and au fond du docteur Roux de l'hospital, Cantonal de Lausanne, Switzerland.

"I further provide that in the event any portion or portions of the remainder of said estate shall fail for any legal or other cause, then any amount so failing shall be distributed collectively and in equal shares unto my said second cousins mentioned in paragraph third, subdivision g, herein."

At the time of her death, Sophie Chanquet, according to the decree of settlement of final account and of distribution, had an undivided one-half interest in a parcel of land in the county of Alameda, Calif., and an undivided one-half and undivided one-quarter interest, respectively, in two separate parcels in the county of San Francisco, Calif. The interest acquired by the United States consists of an undivided one-third interest in the said Sophie Chanquet's interest.

In order for the United States to take advantage of this devise, it is necessary that a sale be authorized. An offer by one of the other parties in interest to buy the share of the United States for the sum of $4,500 has been tentatively accepted by me, subject to the ratification of the Congress. An investigation by the Department of Justice has shown that this amount is all that may reasonably be expected at this time. The matter is therefore referred to the committee with the request that authorizing legislation be enacted. There is inclosed draft of a bill which will serve the purpose.

A copy of this letter is inclosed for your use.

Very truly yours,

о

FRANK T. HINES, Administrator.

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PER CAPITA PAYMENTS TO INDIANS OF CHEYENNE RIVER RESERVATION, S. DAK.

FEBRUARY 20, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. WILLIAMSON, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany H. R. 17151]

The Committee on Indian Affairs, to which was referred the bill (H. R. 17151) to authorize per capita payments to the Indians of the Cheyenne River Reservation, S. Dak., having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendments:

Page 1, line 8, after the words "United States" strike out the comma, insert a colon, and add the following:

Provided, That no per capita payments shall be made to Indians who may have withdrawn their pro rata share from the fund out of which the per capita payment is made.

The Cheyenne River Reservation lies within that portion of South Dakota where the rainfall was insufficient during the past season and both the whites and Indians in that section of the State suffered the loss of their crops and are badly in need of assistance. Relief will be granted to the whites under the drought relief legislation passed at this session of Congress. The Indians, however, are not in position to take advantage of this relief. They are in dire distress and something must be done to take care of the situation or actual starvation will result in a good many cases.

Under the act of March 3, 1927 (44 Stat. L. 1389), the Secretary of the Interior has authority to make reasonable per capita payments to the Indians of the Cheyenne River Reservation from their tribal funds arising under section 6 of the act of May 29, 1908 (35 Stat. 463), and known as the Cheyenne River Reservation 3 per cent fund.

These funds are being prorated under the provisions of the act of March 2, 1907 (34 Stat. 1221), and the amendment to section 2 thereof

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