REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, D. C., September 30, 1919. SIR: I have the honor to submit this, the eighty-eighth annual report of the Bureau of Indian Affairs, for the fiscal year ended June 30, 1919. RELEASING INDIANS FROM GOVERNMENT COMPETENCY.-For several years I have recognized as of urgent administrative importance the separation of competent Indians from the incompetent and their release from Government control. The main agencies in the accomplishment of this end are the work of field competency commissions, and a consistent practice of the general policy of declaring competent all Indians of one-half or less Indian blood who are able-bodied, 21 years of age, and not mentally deficient. The result of these activities shows that during the fiscal years 1917, 1918, and 1919, 10,956 Indians have been declared competent. The effect of the new policy on the issuance of fee patents is clearly shown by reason of the fact that under the acts of Congress approved May 8, 1906 (34 Stats. L., 182), and June 25, 1910 (36 Stats. L., 855), 9,894 fee patents were issued to Indians from 1906 to 1916, a period of 10 years, while during the past 3 years there have been issued 10,956 fee simple patents. Consequently, there have been issued more fee simple patents to Indians under the new policy within a period of 3 years than during the preceding 10 years. There is no longer any doubt that with adequate provision for the expense of proper inquiry as to competency and with faithful adherence to the broadened declaration of policy we shall speedily sift the Indian who should stand on his own merits, pay taxes, discharge the service and exercise the freedom of citizenship, from those who will require the protection of the Government for some time before taking on such responsibilities. Of the large number of Indians still under the supervision of this bureau, it should be understood that fully 75,000 are situated practically the same as the reservation Navajo, Hualapai, Hopi, and 3 Apache in Arizona, whose property can not now, nor for many years to come, be wisely allotted. There are thousands of fullbloods, and near full-bloods, whose landed interests and whose personal possessions and prospects are suggestive of a capacity for independent self-support, but who are not qualified to withstand the competitive tests that would follow a withdrawal of federal guidance. To abandon these at the point in their progress where elementary acquirements are shaping into self-reliance and a comprehension of practical methods, would be to leave them a prey to every kind of unscrupulous trickery that masks itself in the conventions of civilization. I shall not be outdone by anyone who would hasten Indian progress by the extension of freedom and obligation to those who are ready for this status, nor shall I be swerved from what I believe to be a course of just aid and protection to the less fortunate and less progressive Indian. PATENTS IN FEE.-Within the year 4,679 applications for fee patents were received, of which 344 were denied and 4,376 approved, involving an area of 778,698 acres. In the declaration of policy, issued April 17, 1917, I announced that greater liberalism would thenceforth prevail in Indian administration, to the end that every Indian as soon as he had been determined to be competent to transact his own business affairs would be given full control of his property and have all his lands and moneys turned over to him, after which he would no longer be a ward of the Government. This movement brought justifying results and on March 7, 1919, I addressed the following letter to the superintendents of various Indian reservations: You are requested to submit to this office, at the earliest practicable date, a list of all Indians of one-half or less Indian blood, who are able-bodied and mentally competent, 21 years of age or over, together with a description of the land allotted to said Indians, and the number of the allotment. It is intended to issue patents in fee simple to such Indians. Advise the office at once the approximate date when this list can be furnished. This order was mailed to all superintendents having jurisdiction over Indians holding land under trust patents, and from the lists that have been submitted it is apparent that approximately 4,500 fee patents will be issued to Indian allottees under this order. The attention of the Indian Office is now being directed to the clearing up of inherited estates. Many of these allotments were made 35 years ago and the 25-year trust period has been extended for an additional 10 years on many Indian reservations. Of all the Indian land that has been allotted approximately 50 per cent of it is now held by heirs. In many cases there are twenty or more heirs and for the purpose of settling up these estates and bringing them within the declaration of policy, the following order was promulgated: To superintendents: Your attention is invited to the provisions of the act of June 25, 1910 (36 Stats. L., 855) regarding the disposition of inherited Indian estates. The act provides: "That when an Indian to whom an allotment of land has been made, or may hereafter be made, dies before the expiration of the trust period and before the issuance of a fee simple patent, without having made a will disposing of said allotment as herein after provided, the Secretary of the Interior, upon notice and hearing, under such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decision thereon shall be final and conclusive. If the Secretary of the Interior decides the heir or heirs of such decedent competent to manage their own affairs, he shall issue to such heir or heirs a patent in fee for the allotment of such decedent; if he shall decide one or more of the heirs to be incompetent he may in his discretion, cause such lands to be sold: Provided, That if the Secretary of the Interior shall find the lands of the decedent are capable of partition to the advantage of the heirs, he may cause the shares of such as are competent, upon their petition, to be set aside and patents in fee to be issued to them therefor." That part of the act which relates to the partition of Indian estates was modified by the act of May 18, 1916 (39 Stats. L., 123-127), which provides: "Provided further, That if the Secretary of the Interior shall find that any inherited trust allotment or allotments are capable of partition to the advantage of the heirs, he may cause such lands to be partitioned among them, regardless of their competency, patents in fee to be issued to the competent heirs for their shares and trust patents to be issued to the incompetent heirs for the lands respectively, or jointly set apart to them, the trust period to terminate in accordance with the terms of the original patent or order of extension of the trust period set out in said patent.” It will thus be noted that in all inherited Indian estates where the land is held in trust there is authority of law to issue patents in fee to the heirs, if competent; to partition the land, if it appears to the interest of the heirs to do so, and issue fee patents to the competent heirs, and trust patents to incompetents, or to sell the land. Examiners of inheritance have visited the various Indian reservations, held hearings, the evidence and findings have been presented to this office and passed upon, and the heirs have been determined in accordance with the act of June 25, 1910, above cited. The records of this office show that throughout the Indian country there are approximately 20,000 Indian estates where the heirs have been determined. It is the purpose of the office to make an extra effort to settle and close up the inherited estates, where the heirs have been determined, either by the issuance of fee patents, or the partitionment or sale of the land. Under the law disposition may be made of these estates whether or not the Indian owners make application to dispose of them, but it is not the purpose of the office to compel the sale or partitionment of inherited estates, if it is manifest that it is not for the interest of the heirs. The following instructions were issued to those having to do with inherited lands: (1) Any Indian who has been found competent and has received a patent in fee covering his own allotment may be given a patent in fee covering all of his inherited land. If he is an adult, able-bodied Indian of one-half or less Indian blood, and mentally competent, he should be recommended for a patent to all of his land, allotted and inherited. To segregate the interests of competent heirs, it may be necessary to partition the estate, if the land is capable of partition. (2) Where incompetent or old and feeble Indians are the heirs to Indian estates, the land should be offered for sale, and, if sold, the funds used for their support, or for the improvement of their allotted lands. (3) In all cases where there are a great many heirs to the estate, and it is not practicable to partition it, the land should be offered for sale. You are directed to go carefully over the list of inherited estates under your jurisdiction, where the heirs have been determined, and submit applications for fee patents covering all cases that may come under class 1 with your report thereon. You are also directed to take up the other inherited estates where heirs have been determined at an early date, with a view of partitioning the lands or offering them for sale. These instructions relate principally to the mass of cases heretofore decided. It is not proposed to dispose of estates immediately after the heirs have been determined, particularly in estates where the inheritance case is a contested one. In other words, before attempting to clean up the new cases, a reasonable time must be allowed for filing motions for review. CITIZENSHIP. The question of Indian citizenship has become of foremost interest, and has been the subject of several bills recently introduced in Congress. As far back as 1817 provision was made in a treaty with the Cherokees by which any member of that tribe who desired might become a citizen of the United States. Subsequent treaties and acts of Congress contained provisions by which members of other tribes might become citizens. The question whether under the fourteenth amendment to the Constitution an Indian could, by severing his tribal relations, and completely surrendering himself to the jurisdiction of the United States become a citizen thereof was determined in the negative by the Supreme Court in Elk v. Wilkins (112 U. S., 100). No general law provided a means for citizenship of all Indians until 1887 when Congress passed the general allotment act (24 Stats. L., 388), which provided for the allotment of lands in severalty and declared all Indians born within its limits who shall have complied with certain conditions, to be citizens of the United States. The broad citizenship provisions of this act were modified by Congress when on May 8, 1906, it passed the Burke Act, since which law the issuance of a fee-simple patent has been the primary legal requirement for citizenship of Indians. In my judgment, the controlling factor in granting citizenship to Indians should not be based upon their ownership of |