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CHIPPEWA INDIANS OF MINNESOTA

SUBCOMMITTEE OF THE

COMMITTEE ON INDIAN AFFAIRS,

HOUSE OF REPRESENTATIVES,
Saturday, March 1, 1924.

The subcommittee this day met, Hon. Grant M., Hudson, presiding. Mr. HUDSON. The subcommittee will come to order. We will consider, first, House Resolution No. 26, a bill introduced by Mr. Knutson.

Mr. KNUTSON. The report gives practically everything there is in regard to the matter.

Mr. HUDSON. The bill reads as follows:

A BILL To compensate the Chippewa Indians of Minnesota for lands disposed of under the provisions of the free homestead act

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, the sum of $1,787,751.36, with interest thereon at the rate of 5 per centum per annum from December 31, 1922, to the date of settlement, said total amount to be credited to the general fund of the Chippewa Indians of Minnesota arising under the provisions of section 7 of the act of January 14, 1889.

The report from the department to the chairman of the committee reads as follows:

Hon. HOMER P. SNYDER,

THE SECRETARY OF THE INTERIOR,
Washington, February 9, 1924.

Chairman Committee on Indian Affairs,

House of Representatives.

MY DEAR MR. SNYDER: Further reference is made to your letter of January 3, 1924, as to H. R. 26, entitled “A bill to compensate the Chippewa Indians of Minnesota for lands disposed of under the provisions of the free homestead act." The department, on February 24, 1923, submitted a report on H. R. 12274, Sixty-seventh Congress, second session, a bill having the same object in view. Under the provisions of the act of January 14, 1889 (25 Stat. L. 642), homestead settlers on the ceded Chippewa lands of Minnesota were required to pay the Chippewa Indians $1,25 per acre before issuance of patent. The act of May 17, 1900 (31 Stat. 179), modified the said act of January 14, 1889, by relieving the homestead settlers, and providing that the said payments should be made by the United States as to all lands which already had been open to settlement prior to the passage of the said act.

You understand that simply enlarges the act.

Mr. HASTINGS. Does the act provide that it should be paid to the Indians or that it should be made payable to the United States?

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STATEMENT OF HON. CHARLES H. BURKE, COMMISSIONER OF INDIAN AFFAIRS

Mr. BURKE. The law provided for the disposition of these lands under the homestead entry at $1.25 an acre.

Mr. HUDSON. That had all been patented?

Mr. BURKE. But the homesteader paid his $1.25 an acre in annual installments. On May 17, 1900, there was passed the free homes act releasing settlers from paying the price for their land and the law provided that all sums of money so released, which, if not released, would belong to any Indian tribe, should be paid to such Indian tribe by the United States. In other words, you could not give the homesteader the benefit of free homes at the expense of the Indian. Mr. KNUTSON. This bill simply carries into effect the provisions of the act of May 17, 1900, that the Government is to compensate the Indians for the land.

Mr. HUDSON. Resuming, the report reads further as follows:

According to the statement of the General Land Office, there were open to homestead entry on the said Indian lands from 1896 to 1898, 1,385,090.32 acres of land prior to the passage of the said act of May 17, 1900, of which 497,940.62 acres had been proven up and paid for by the settlers. This leaves 887,149.70 acres for which the United States is to compensate the Indians at $1.25 per acre. Under the act of 1889 the Indians were entitled to receive payment for said lands when final proofs were submitted by the entrymen, and the moneys so received were deposited to the credit of the Chippewa Indians, as required by the provisions of section 7 of said act, in a permanent fund, to draw interest at the rate of 5 per cent per annum, payable annually, for a period of 50 years. If the settlers had not been relieved of the payment the Indians would have drawn interest on the funds paid in at the time of final proof. They are, therefore, equitably entitled to payment of this interest by the United States.

The following table shows the acreage proved up by settlers each year, with the value thereof figured at $1.25 per acre and, also, the approximate interest thereon at the rate of 5 per cent from the end of each fiscal year, to and including December 31, 1923:

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