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..

All of the provisions of the act for the relief of Indians occupying railroad lands in Arizona, New Mexico, or California, approved March 4, 1913 (37 Stat. L., 1007), as extended by the act of April 11, 1916 (39 Stat. L., 48), are extended for a period of one year from and after the 4th day of March, 1919.

Where restricted Indians are in possession or control of live stock purchased for or issued to them by the Government, or the increase therefrom, such stock shall not be sold, transferred, mortgaged, or otherwise disposed of, except with the consent in writing of the superintendent or other officer in charge of the tribe to which the owner or possessor of the live stock belongs, and all transactions in violation of this provision shall be void.

Twenty thousand dollars is appropriated for relief of distress among the Seminole Indians in Florida.

Sixty thousand dollars is appropriated from the tribal funds of the Chippewa Indians of Minnesota, to be expended in the erection or purchase of homes for Chippewa Indians whose homes were destroyed by forest fires.

Twenty thousand dollars is appropriated from the tribal funds of the Chippewa Indians of Minnesota to be expended for the construction and repair of roads on the Chippewa and ceded Indian reservations in the State of Minnesota.

Ten thousand dollars is appropriated from the funds on deposit to the credit of the Red Lake Band of Indians in the State of Minnesota, to be expended in the construction of roads and bridges on the Red Lake Reservation.

Sixty thousand dollars is appropriated for the purpose of paying the amounts assessed against tribal and allotted lands of the Indian reservations of Minnesota on account of benefit accruing to said lands by reason of the construction of a drainage ditch or ditches under the laws of Minnesota.

Three hundred and seventy five thousand dollars is appropriated for the Flathead irrigation project; $100,000 is appropriated for the Fort Peck irrigation project, and $50,000 is appropriated for the Blackfeet irrigation project, all in Montana.

The act of March 1, 1907 (34 Stat. L., 1015-1035), as relates to the disposal of surplus unallotted lands within the Blackfeet Indian Reservation in Montana, is repealed and authority is granted to make allotments under existing laws within the said Blackfeet Reservation to any Indians of said tribe not heretofore allotted, living six months after the approval of this act and thereafter to prorate all unallotted and otherwise unreserved lands among the Indians who have been allotted or may be entitled to rights within said reservation.

Twenty five thousand dollars is appropriated for road and bridge construction on the Mescalero Reservation in New Mexico.

Thirty-five thousand dollars is authorized for expenses in connection with oil and gas production in the Osage Reservation, Okla. A per capita payment not to exceed $200 to the Choctaw and Chickasaw Tribes of Indians of Oklahoma is provided for.

The unsold and forfeited tracts of coal and asphalt deposits in the Choctaw and Chickasaw Nations are to be reoffered for sale between September 15, 1919, and November 15, 1919.

Claims against the Creek and Seminole Nations, including claims to unpaid per capita and equalization money, must be filed not later than one year from June 30, 1919.

A per capita payment of not to exceed $25 to the Rosebud Sioux Indians is authorized and $25,000 of the tribal funds of the Rosebud Sioux Indians is authorized for the purchase of cattle.

The sum of $12,000 is authorized to aid the public schools in Uintah and Duchesne Counties, Utah.

The sum of $500,000 is appropriated for the Wapato irrigation project, Yakima Reservation, Wash.

The sum of $75,000 is appropriated for beginning the construc-" tion of the irrigation system on Indian land adjacent to Toppenish and Simcoe Creeks, Yakima Reservation, Wash.

The sum of $2,509,895 is appropriated from the trust funds of the several tribes for their support and civilization.

Authority is granted for the leasing of certain portions of Indian reservations for the mining of metalliferous minerals.

Hereafter no public lands of the United States shall be withdrawn by Executive order, proclamation, or otherwise, for or as an Indian reservation except by act of Congress.

COURT DECISIONS.

There were a number of decisions affecting Indian matters, rendered by the Supreme Court of the United States the past year. Some of the most important were:

Gabe E. Parker v. Tootie Riley, a minor, et al.-Where an allottee, a full-blood Creek Indian, died November, 1908, leaving a husband and two children, one of the children born after March 4, 1906, in the settlement of conflicting claims of the heirs to royalties collected and accruing under an oil and gas lease for her homestead, this question arose:

Did the approval of the oil and gas lease by the Secretary remove the restrictions and thereby immediately vest the royalties accruing under the lease in the heirs, or were the royalties to be held under Departmental supervision, for the benefit of the minor born subse

quently to March 4, 1906, under section 9 of the act of May 27, 1908, until 1931, the end of the restriction period. Court held restrictions not removed, but that the royalties descended to the heirs in the same manner as the homestead and that the minor born subsequently to March 4, 1906, was entitled for her support to the exclusive use of the entire homestead until April 26, 1931; that is to say, the interest or income which might be obtained by properly investing same during said period, namely, until April 26, 1931, leaving the principal, like the homestead, to go to the heirs at the end of that time.

United States v. Suda Reynolds.-The question presented was, whether the trust period began to run from the date of the approval of the schedule of allotment or from the date of the trust patent. The court, speaking through Justice Pitney, said, "While the matter s not free from doubt, we have reached the conclusion that by the better construction the period begins and dates from the issuance of the patent and not from the approval of the schedule."

Seufert Bros. v. U. S. Trustee et al.-The question at issue was whether the treaty of June 9, 1855, with the Yakima Tribe of Indians, ceding to the United States lands occupied by them on the north side of the Columbia River, in the Territory of Washington, and reserving to the Indians the right of taking fish at all usual and accustomed fishing places in common with citizens of the Territory, gave them the right to fish in the country of another tribe on the south or Oregon side of the river.

Held that, they had the right to fish in common with citizens of the United States at the usual and accustomed fishing places on the south bank or shore of the Columbia River.

Kenny v. Miles. The court held that where an Osage Indian died, without the restrictions having been removed from his lands, a partition by the heirs (where the heirs were Indians) was of no effect until approved by the Secretary of the Interior.

PURCHASE AND TRANSPORTATION OF SUPPLIES. Purchases covered about the same line of goods as heretofore, the usual standard of quality being maintained with a lessening in quantity in some directions in an effort to economize to offset the steadily increasing cost. Particular care was exercised, however, to see that food supplies, clothing, fuel, and other necessities were amply provided. In some classes of goods, particularly where production was below normal or the tonnage exported large, it was rather difficult at times to obtain the necessary quantities. However, practically all of our requirements ultimately were filled. As long as the regulations of the United States Food and Fuel Administrations, together with those of the War Industries Board and other controlling