Indian administrative or allotment purposes, and small unallotted tracts, not exceeding forty acres, where a sale will serve the tribal interests; and he is further authorized, where a tract to be disposed of under this or any other act authorizing the disposition of tribal lands, requires survey as basis for a deed or patent, to accept from the grantee, in addition to the purchase price, an amount sufficient to cover the survey costs. The net proceeds of sale of any tribal site, plant, or tract shall be deposited in the Treasury of the United States to the credit of the Indians owning the same, to be disposed of for their benefit in accordance with existing law; and the net proceeds of sales of Government-owned nontribal plants or lands shall be deposited in the Treasury of the United States as miscellaneous receipts. SEC. 10. That hereafter, in any case in any court for the purpose of condemning for public purposes land included in an allotment held by any Indian under a trust or other patent containing restrictions against alienation without the consent or approval of the President or the Secretary of the Interior, it shall be necessary to the validity of such proceedings that the Secretary of the Interior be made a party thereto; and no final order, judgment, or decree of any court in any such proceeding shall be of any force or effect unless service be made on such Secretary of Interior; and a certified copy of each such final order, judgment, or decree shall be filed in the office of the Secretary of the Interior. SEC. 11. That the Secretary of the Interior is hereby authorized and directed to issue a patent in fee for the east half of the southeast quarter of section 35 and the west half of the southwest quarter of section 36, all in township 4 north, range 13 west of the Indian meridian, in Comanche County, Oklahoma, to James F. Rowell, a full member of the Kiowa Tribe of Indians of Oklahoma, who has heretofore received no allotment of land from any source; this to be in lieu of all claims to any allotment of land or money settlement in lieu of an allotment, upon the payment to the United States of the sum of $1.25 per acre. SEC. 12. That section 4 of the act of Congress approved March 3, 1921, entitled "An act to amend section 3 of the act of Congress of June 28, 1906, entitled 'An act for the division of the lands and funds of the Osage Indians in Oklahoma, and for other purposes,'" approved March 3, 1921, be, and the same hereby is, amended to read as follows: 66 SEC. 4. That from and after the passage of this act the Secretary of the Interior shall cause to be paid at the end of each fiscal quarter to each adult member of the Osage Tribe having a certificate of competency his or her pro rata share, either as a member of the tribe or heir of a deceased member, of the interest on trust funds, the bonus received from the sale of leases, and the royalties received during the previous fiscal quarter, and so long as the income is sufficient to pay to the adult members of said tribe not having a certificate of competency $1,000 quarterly, except where incompetent adult members have legal guardians, in which case the amounts provided for herein shall be paid to their legal guardians, and to pay for maintenance and education to the parents or legal guardians actually having minor members under twenty-one years of age personally in charge $1,000 quarterly out of the income of each of said minors, and so long as the income is sufficient to allow members having unallotted minor children $500 quarterly for each such minor in addition to the allowances above provided, all of said quarterly payments to legal guardians and adults not having certificates of competency to be paid under the supervision of the superintendent of the Osage Agency, and to invest the remainder, after paying all taxes of such members, either in United States bonds or in Oklahoma State, county, or school bonds, or other investments, or place the same on time deposit at interest in banks in the State of Oklahoma for the benefit of each individual member, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That at the beginning of each fiscal year there shall first be reserved and set aside out of the Osage tribal funds available for that purpose a sufficient amount of money for the expenditures authorized by Congress out of the Osage funds for that fiscal year: Provided further, That all just existing individual obligations of adults not having certificates of competency and minors outstanding on March 31, 1921, and inclusive of that date, when approved by the superintendent of the Osage Agency, shall be paid out of the money of such individual, as the same may be placed to his credit, in addition to the quarterly allowance provided for herein. SEC. 13. That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $17,471.25 for payment to the Allied Contractors, Incorporated, of Omaha, Nebraska, as additional compensation for the construction of a bridge across the Little Colorado River near the Leupp Indian Agency, Arizona, under contract approved by the Secretary of the Interior on November 10, 1919, funds for said bridge having been appropriated by the acts of March 2, 1917 (Thirty-ninth Statutes at Large, page 975), May 25, 1918 (Fortieth Statutes at Large, page 570), and June 30, 1919 (Forty-first Statutes at Large, page 11), and the cost thereof to the contractors having exceeded the contract price by said sum: Provided, That said amount shall be reimbursable to the United States from any funds now or hereafter placed in the Treasury to the credit of the Navajo Indians in Arizona, to remain a charge and lien upon the lands and funds of said tribe of Indians until paid. SEC. 14. That jursdiction is hereby conferred upon the Court of Claims, with right of appeal to the Supreme Court of the United States, to consider and determine all legal and equitable claims against the United States of the Blackfeet. Blood, Piegan, and Gros Ventre Nations or Tribes of Indians, residing upon the Blackfeet and Fort Belknap Indian Reservations, in the State of Montana; and the Flathead, Kootenais, and Upper Pend d'Oreilles Nations or Tribes of Indians, residing upon the Flathead Indian Reservation, in the State of Montana; and the Nez Perces Tribe of Indians, residing upon the Lapwai Indian Reservation, in the State of Idaho; and upon the Colville Indian Reservation, in the State of Washington, for lands or hunting rights claimed to be existing in these said nations and tribes of Indians by virtue of said treaty of October 17, 1855 (Eleventh Statutes at Large, page 657, and the following), and of July 16, 1855 (One hundred and twenty-eighth Statutes at Large, page 976, and the following). with said Flathead, Kootenais, and Upper Pend d'Oreilles Tribes, and all claims arising directly thereunder, which lands and hunting rights are alleged to have been taken from the said Indians by the United States, and also any legal or equitable defenses, set-offs, or counterclaims, including gratuities, which the United States may have against the said nations or tribes, and to enter judgment thereon, all claims and defenses to be considered without regard to lapse of time; and the final judgment and satisfaction thereof shall be in full settlement of all said claims. That suits under this act shall be begun by the filing of a petition within two years of the date of the approval of this act, to be verified by the attorney or attorneys selected by the claimant Indians with the approval of the Secretary of the Interior employed under contract executed and approved in accordance with existing law. The claimant Indians shall be parties plaintiff and the United States shall be party defendant, and such suits shall on motion of either party be advanced on the docket of the Court of Claims and of the Supreme Court of the United States. The compensation to be paid the attorneys for the claimant Indians shall be determined by the Court of Claims in accordance with terms of the said approved contract and shall be paid ont of any sum or sums found and adjudged to be due said Indians. But in no event shall said compensation exceed 10 per centum of the amount of the judgment nor exceed the sum of $50,000 for all of the tribes of Indians named herein, said sums to be exclusive of all actual and necessary expenses in prosecuting said suits. The balance of any such judgment shall be placed in the Treasury of the United States to the credit of the Indians entitled thereto and draw interest at the rate of 4 per centum per annum. SEC. 15. That when after the enactment hereof and within one year therefrom any homestead entryman (or entrywoman) on land embraced within the boundaries of the said Fort Peck Indian Reservation, in Montana. may file with the register and receiver of the United States land office at Glasgow, Montana, an affidavit duly executed, setting forth that he is in arrears in a certain sum of money (stating it) upon his homestead entry on said reservation (describing it) on account of principal or interest, or both (specifying how much of each), due or past due and unpaid, and that he is wholly unable to pay the same or any part thereof, all action and processes of the United States Government and all of its officails in relation thereto shall be stayed and withheld, and all operations of all laws applicable to payments of money and to forfeitures and penalties in such cases, heretofore made and provided and now in force, shall be suspended and held in abeyance, as to the affiant and his or her homestead entry, for a period of one year from and after the passage and approval of this resolution, and at the end of such year all such laws shall again be in full force and effect in all cases, matters, and things where applicable, as if not by virtue hereof suspended and held in abeyance; and during such period of suspension all sums of money, whether principal or interest, or both, due to the United States and unpaid by any such homesteader, on account of his or her homestead entry, shall bear interest upon the whole amount so due and unpaid, whether principal or interest, or both, at the rate of 5 per centum per annum, to be paid when such deferred payments may become payable, it being the intention of this provision in all cases or instances where such affidavits may be so made and filed to defer all action in the premises for a period of one year from and after the passage and approval hereof, and then to reapply all existing laws now applicable thereto as if they had not been suspended, requiring the beneficiary of such suspension to pay interest at the aforesaid rate upon all deferred payments as a consideration of such extension of time for payment. SEC. 16. That unless otherwise specifically provided, the provisions of the act of February 8, 1887 (Twenty-fourth Statutes at Large, page 388), as amended, be, and they are hereby, extended to all lands heretofore purchased or which may hereafter be purchased by authority of Congress for the use or benefit of any individual Indian or band or tribe of Indians. SEC. 17. That the Secretary of the Interior be, and he hereby is, authorized, with the consent of the Chippewa Indians of Minnesota, to transfer and convey to the State of Minnesota, under such rules, regulations, and conditions as he may prescribe, all the land, with the buildings thereon, constituting the present White Earth Agency and school reserves, upon such terms as may be agreed upon by the Secretary of the Interior and said Indians and said State. SEC. 18. That the Secretary of the Interior be, and he is hereby, authorized to withdraw from the Treasury of the United States, during the fiscal years ending June 30, 1923, and June 30, 1924, in all not exceeding $50,000, of the principal fund on deposit to the credit of the Chippewa Indians in the State of Minnesota, arising under section 7 of the act of January 14, 1889, entitled "An act for the relief and civilization of the Chippewa Indians in the State of Minnesota," and the same shall be available and may be expended to relieve distress of any enrolled Chippewa Indians, either in furnishing food, clothing, fuel, medical or hospital care, or other necessary assistance, and the amount of any funds used for such purposes for any Chippewa Indian shall be charged to such Indian and reimbursed out of any moneys that may accumulate to his or her credit; or, in case of death, any part of the amount so charged remaining unpaid may be paid from the proceeds of the sale of any property or from any funds belonging to the estate of such Indian. The CHAIRMAN. Are there any Members of the Senate or House here who care to make a statement with reference to this bill? Representative RAKER. I would like to be heard briefly, Mr. Chairman. STATEMENT OF HON. JOHN E. RAKER, A REPRESENTATIVE FROM THE STATE OF CALIFORNIA. Mr. RAKER. Mr. Chairman and Senators, Senator Johnson has presented an amendment, which is as follows: "SEC. 14. That jurisdiction is hereby conferred upon the Court of Claims, with right of appeal to the Supreme Court of the United States, to consider and determine all legal and equitable claims against the United States of those tribes and bands of Indians of California who entered into treaties with the United States, namely: "(A) The Taches, Cah-wais, and others, dated May 13, 1851. "(B) The Ko-ya-te, Wo-la-si, and others, dated May 13, 1851. "(C) Chu-nute, Wo-wol, and others, dated June 3, 1851. "(D) The Castake, Texon, and others, dated June 10, 1851. "(E) The Iou-ol-umnes, We-chillas, and others, dated May 28, 1851. “(K) The San Luis Rey, Kah-we-as, and others, dated January 5, 1852. "(M) The Si-yan-te, Poto-yun-te, and others, dated March 19, 1851. 66 “(Q) The Poh-lik, or Lower Klamath, and others, dated October 6, 1851. "(R) The Upper Klamath, Shasta, and others, dated November 4, 1851. "(S) And the Pitt River and the Apwaraki Nations or Tribes of Indians residing at the dates of said treaties upon the respective tracts of land described in said treaties, in the State of California. "And all claims arising directly thereunder, which lands and hunting rights are alleged to have been taken from the said Indians by the United States, and also any legal or equitable defenses, set-offs, or counterclaims, including gratuities, which the United States may have against the said nations or tribes, and to enter judgment thereon, all claims and defenses to be considered without regard to lapse of time; and the final judgment and satisfaction thereof shall be in full settlement of all said claims. "That suits under this act shall be begun by the filing of a petition within two years of the date of the approval of this act, to be verified by the attorney or attorneys selected by the claimant Indians with the approval of the Secretary of the Interior employed under contract executed and approved in accordance with existing law. The claimant Indians shall be parties plaintiff and the United States shall be party defendant, and such suits shall on motion of either party be advanced on the docket of the Court of Claims and of the Supreme Court of the United States. The compensation to be paid the attorneys for the claimant Indians shall be determined by the Court of Claims in accordance with terms of the said approved contract and shall be paid out of any sum or sums found and adjudged to be due said Indians. But in no event shall said compensation exceed 10 per centum of the amount of the judgment nor exceed the sum of $50,000 for all of the tribes of Indians named herein, said sums to be exclusive of all actual and necessary expenses in prosecuting said suits. The balance of any such judgment shall be placed in the Treasury of the United States to the credit of the Indians entitled thereto and draw interest at the rate of 4 per centum per annum." Mr. Chairman and gentlemen of the committee, this is to add a new section to the bill identical with the present section 14 in the bill now, using the same language without any change, save and except to describe the tribes and bands of Indians in California who desire to have their cases adjudicated by the Court of Claims. These 18 tribes and bands are specified in so many treaties designated in the purported amendment, and the treaties were never ratified, and we ask that this may go on the Senate bill as an amendment, the same question being involved as in the claims now in section 14 in the bill. There were two hearings held before the House committee, one on March 23, 1920, and one on April 28 and 29, 1922, which I submit as the evidence in the case. The CHAIRMAN. Did the House pass it? Mr. RAKER. The House has not acted on it yet. The CHAIRMAN. This is the amendment the House is rather disposed not to look upon favorably, is it not? Mr. RAKER. May I answer that by not saying just yes or no? Mr. RAKER. This amendment was introduced in the House, and the Senate bill came to the House, and the House reported the Senate bill favorably. During the Sixty-sixth Congress, during the last days, this was the last bill, and we adjourned at half past 5 on that day, and never got back to this bill. Now, in that Congress the Secretary said there should be a direct appropriation-something that could be easily figured out-about $4,000,000. But a direct appropriation, it seems to me, is beyond our power, and if we are allowed to go into the Court of Claims, we have the same right as the Idaho and the Montana Indians, as is referred to in the thirty-second volume of Court of Claims' Decisions, the Moore case. That is as far as that question got. I have spoken to Mr. Snyder, and he told me I could say this to the committee, that if put the amendment in the same language as is now in the House bill, section 14, he, personally, could see on objection to putting it into the bill, and he thought they could recommend it to the House and to the Senate. I have not had the opportunity to see the commissioner, Mr. Burke, or the assistant secretary, but I went into it thoroughly with Secretary Fall, and there is no man living to-day that knows more about these facts involved with these Indians than Secretary Fall. The same condition existed in New Mexico as now exists in California, when they were living there under the treaty of Guadaloupe Hildago. We have provided that the claims be adjusted, and that the United States may set up all legal and equitable defenses, including gratuities. So that we have provided everything in the bill that is in the bills that have passed and have been already reported by this committee. Senator Johnson is unable to be here at present. He and I have gone over it together, and he is very anxious that the committee should see its way clear to place this amendment in the bill. Senator HARRELD. You say that bill has passed the Senate? Mr. RAKER. It passed the Senate in the Sixty-sixth Congress. And it was favorably reported by the House committee. And the same bill was reported out in the Sixty-seventh Congress, but the session passed before it could be enacted. Just one other thing. These Indians have gathered together, and they have gotten some money, and some organization in California is working with them. Myself, I have been working on this business for the last 10 or 12 years. These people came on here without my domination, or suggestion or request. They spent their own money, and I did not have anything to do with it. So I hope, without anything being said about the Indians coming on here, or somebody coming on here, that that will all be eliminated and the merits itself disposed of. They are not here. They are at home. And Senator Johnson and I believe they have rights, that should be adjudicated in the Court of Claims. Now, Mr. Chairman, I thank you for the privilege of making this short and crisp statement, and I hope you will see fit to put that amendment in the bill. The CHAIRMAN. Are there any other Senators or Representatives who have anything to say? Senator KELLOGG. Just a word, Mr. Chairman. The CHAIRMAN. We will be glad to hear you, Senator. STATEMENT OF HON. FRANK B. KELLOGG, A SENATOR FROM THE STATE OF MINNESOTA. Senator KELLOGG. Mr. Chairman and gentlemen, section 18 of this bill appropriates $50,000 for the relief of the Chippewa Indians of Minnesota. I have some letters here showing that this is entirely inadequate, and that hundreds of Indian families are on the verge of starvation. But Congressman Larson, of Duluth, has made an investigation of this matter and knows a great deal more about it than I do, and I would like to have you hear him first with reference to this matter. The CHAIRMAN. We will be glad to hear him. STATEMENT OF HON. OSCAR J. LARSON, A REPRESENTATIVE FROM THE STATE OF MINNESOTA. Mr. LARSON. Mr. Chairman and gentlemen of the committee, I represent the eighth congressional district of Minnesota. Quite a large portion of the 12,500 Chippewa Indians of Minnesota reside in that district. Last spring I received representations that their economic situation was very bad and would get much worse unless some relief was afforded to them. Upon those representations I introduced a bill providing for a per capita payment to the Indians. Indian Office reported unfavorably upon that bill, principally for the reason that they do not believe in the principle of a per capita payment. The In the summer I went back to my district, and while there I availed myself of the opportunity of making a personal examination of the Indians residing in my district, and I found that the representations that had been made to me were true. The Indians were unable to get employment. Their berry crop was considerably less than normal; their rice crop had practically failed; they were not able, under the laws, to do any commercial fishing. And I visited quite a number of the Indian communities; went into their homes, and I found that they were without food, and that their shelter was in rather dilapidated condition, rain coming into a number of the houses which I visited. Upon my return to Washington in the fall I brought the result of my investigation to the attention of the Indian Office in the hopes that perhaps they might withdraw their opposition to the bill. But the commissioner is opposed, on the matter of principle, to a per capita payment. However, I introduced a bill |