During these 31 years not an allotment has been made to an Indian residing on the Red Lake Reservation, notwithstanding the act of January 14, 1889, as agreed to by the Indians, provided that allotments should be made to them "as soon as practicable and authorized the Secretary of the Interior in any case where an Indian failed or refused to take an allotment within four years to arbitrarily make the allotment.

To-day four reservations, viz, Fond du Lac, Grand Portage, Leech Lake, and Net Lake, are retained intact, notwithstanding each of these reservations were ceded in 1889 to the United States to be sold and disposed of and have never had any legal existence since the date of the cession. The unallotted lands within their borders have during all these years remained idle and unproductive. Upon each of these four reservations the department has, contrary to law, maintained agencies, and great numbers of agency employees. These agencies thus illegally maintained for 31 years. have been supported out of the trust funds of the Indians at an annual cost of $75,000. Between 400,000 and 500,000 acres of the lands ceded to the United States in trust in 1889 to be sold and disposed of for the benefit of the Indians, were placed in the Minnesota National Forest Reserve and locked up pursuant to an act of Congress in violation of the agreements of 1889. Although the forest reserve properly includes less than 200.000 acres, its boundaries extend around more than 400,000 acres. Upon this reserve there remains less than 100,000,000 feet of timber to be cut. Reforestation can not occur in 100 years. Much of this land is as rich as any land in the State of Minnesota. It is to-day all locked up in a useless forest reserve, contrary to the agreements entered into with the Indians in 1889, under which the lands and timber were to be sold and the proceeds placed in the Treasury of the United States to the credit of the Indians. About 300 Indians were allotted on lands subsequently included within the limits of this reserve. Their allotments were thereby rendered valueless. They are inaccessible. The Indians can not use them to advantage. They are far removed from schools. These Indians, by reason of the illegal establishment of this seless forest reserve, have become a charge upon the Chippewa Tribe, and trust funds of the tribe are being used annually to support them. The legislation proposed by the general council will wipe this forest reserve out of existence.

The Red Lake Reservation, corsisting of about 460,000 acres, has remained idle for 31 years. About 1,500 Indians reside on this reservation. Last year, according to the annual report of the Commissioner of Indian Affairs for the fiscal year ending June 30, 1919 (p. 127), only 1,850 acres, including the agency farm, out of the 460,000 acres on the reservation, were in cultivation. Practically the entire reservation is to-day, and has for 31 years remained idle and unproductive, notwithstanding from grazing privileges alone it could have produced more than $250,000 ann: ally, or du ring the 31 years, $7,750,000. While cattle were starving last year in Idaho, Montana, and other Western States, the grass on this reservation, sufficient to have fed 150,000 head of cattle, was allowed to rot. The allotments on this reservation were to have been made 31 years ago, and the residue of the lands sold and disposed of and the proceeds placed in the Treasury to the credit of all the Chippewa Indians of Minnesota.

Between 700,000 and 1,400,000 acres of land ceded to the United States under the agreements of 1889 to be sold and disposed of and the proceeds placed in the Treasury of the United States to the credit of all the Chippewa Indians of Minnesota, have been either patented to the State of Minnesota or have been applied for by the State of Minnesota, upon the theory that the State was entitled to the land under the swampland donation act of 1860. It is now conceded by the department that the issuance of the patents to the State for the land already patented was a mistake, and that the State was never entitled to an acre of this land. It is necessary that suit should be brought without delay to recover back the land patented to the State and undisposed of by the State, to recover from the State the proceeds derived from the sale of the land conveyed to the State and by the State sold, as well as to settle for all time the right of the State to the lands it has applied for and which have not been patented. Unless this suit is authorized without delay these lands will pass beyond recovery, and the United States must then pay the Indians therefor, which would aggregate from 5 to 10 million dollars. Comparatively little of this land patented to the State has been by the State sold. The majority of it is to-day lying idle and unproductive, as it has for 31 years. Much of it is as rich land as there is in the State of Minnesota, and with but slight draining can be made as valuable farming land as is within the limits of the State.

Probably a half million acres of land ceded to the United States in trust under the agreements of 1889 and not embraced in any reserve or within the lands claimed by the State remains undisposed of.

Thus approximately 2,000,000 acres of land ceded to the United States in 1889 to be sold and disposed of for the benefit of the Indians to-day remains idle and unproductive solely as the result of the failure on the part of the Indian Bureau to carry out the agreements of 1889. Not an acre of this land is subject to taxation by the State or

county. Not a dollar of income is being derived by anyone from it. The holding of this land, in violation of the agreements of 1889, has prevented settlement, the establishment of schools, roads, drainage districts, and every kind and nature of development. The bill as proposed by the general council will dispose of this land, resulting in its development and the consequent advantages to the Indians, the State, and the Nation.

Notwithstanding the agreements entered into in 1889 provided for the immediate allotment of so much of the lands on the Red Lake Reservation as were required to make allotments to Indians residing on that reservation and the sale and disposition of the remaining lands, the department failed or refused to make any allotments on this reservation. In 1902 the white people living at Thief River Falls and around the southwestern corner of the reservation sought to have 256,152 acres of the land thrown open to entry. Under the agreement of 1889 all that was necessary to effectuate this purpose was to allot the Indians residing on the Red Lake Reservation and automatically the land remaining unallotted became subject to homestead entry. Instead of making the allotments, the Indian Bureau sent a representative to the Red Lake Reservation to negotiate with the Red Lake Indians for the sale and disposition of 256,152 acres of the land embraced within the reserve. The Red Lake Band had only an interest in common in this property the same as all other members of the Chippewa Tribe in Minnesota. They had no right legally or morally to make such a cession.

The representative went to the Red Lake Reservation and negotiated an agreement with the Red Lake Band exclusively for the cession of the 256,152 acres, none of the other Chippewa Indians being consulted. Upon the land to be ceded a part of the Indians were then living. The 256,152 acres comprised the best land on the reservation for allotment purposes. In order to induce the Red Lake Band to enter into this dishonorable agreement, the Indian Bureau agreed that the entire amount of $1,000,000 to be paid for the lands ceded should be paid to the Red Lake Indians alone to the exclusion of all the Chippewa Indians of Minnesota, the rightful beneficiaries. It was further agreed that the Red Lake Indians should possess the remainder of the reservation exclusively, and that they should be entitled to allotments of 160 acres of land, twice the amount provided for in the agreement of 1889. This enticing bait appealed to the Red Lake Indians, who knew at the time it was wrong. They entered into this agreement in the belief that it would repeal their agreement of 1889. The Indian Bureau submitted the agreement to Congress and it was included in the Indian appropriation bill approved March 3, 1903 (32 Stats. L., pp. 1010-1011), in modified form, the modification consisting of this: The agreement negotiated by the representatives of the Indian Office provided for a cash payment of $1,000,000. The provision contained in the act of March 3, 1903, provided that the land should be disposed of at not less than $4.50 per acre, the proceeds to be paid to the Red Lake Band. The provision contained in the appropriation bill of March 3, 1903, provided that it should not become effective unless ratified by the Red Lake Indians. This was submitted to the Indians and by them rejected on the stated ground that if this land was to be sold and disposed of as the Government was selling and disposing of the land ceded under the agreements of 1889 they would receive practically nothing for the cession. After its rejection by the Red Lake Indians the same provision was inserted in the act of February 20, 1904 (33 Stats., 48-50), and enacted as a law. Approximately $1,300,000 was received from the disposition of this land, and the entire proceeds were paid to the Indians residing on the Red Lake Reservation, to the exclusion of the other Chippewas of Minnesota, who were owners in common with the Red Lakes of the land. Here the Indian Bureau created a valid claim against the United States for $1,100,000, representing the amount the other Chippewas were entitled to receive, which the United States must sooner or later pay.

In 1916 a member of the Minnesota delegation introduced a bill in Congress, drafted or inspired by an employee of the Indian Bureau in Minnesota, and providing for the establishment of a forest reserve on the Red Lake Reservation. This bill was drawn in the interests of a lumber company. It was designed and intended to reach the stands of valuable timber on the Red Lake Reservation. It was a sugar-coated proposition. The Indian Bureau promptly fell for the scheme, and it was supported by a distinguished member of the Minnesota delegation, who, placing reliance in the representations of the Indian Bureau that it was designed and intended to perpetuate the primeval pine forest of Minnesota, introduced and secured the passage of the legislation. The provision is found in the Indian appropriation bill approved May 18, 1916 (39 Stats. L., 137), the place where vicious Indian legislation is usually secured. Mr. Meritt disclaimed on behalf of the Indian Bureau authorship of this provision. The cold record shows that a bill was introduced, referred to the Indian Bureau for report, and that the Indian Bureau revised the bill as introduced and recommended the legislation in the revised form. (See Cong. Record, vol. 53, part

14, p. 1101.) Notwithstanding Congressman Chipperfield went before the committee having the bill under consideration and pointed out that its objects were to permit the very scheme later pulled off, the Indian Bureau urged the legislation. (Cong. Record, vol. 53, part 14, p. 1101-1104.)

About a year after the enactment of this provision the department entered into a contract with the International Lumber Co. to cut all the merchantable timber within practically the entire limits of the forest reservation. By this legislation the lumber company was able to make one contract. If the land had been allotted as provided by the agreement of 1889, the company must of necessity have dealt with each allottee. An advantageous contract was obtained by the company and all the merchantable timber on the greater portion of the forest reserve is now being cut. The proceeds derived from this timber are being placed in the Treasury of the United States to the credit of the Red Lake Indians. The Red Lake Indians are not the owners of the fund. The fund belongs to all the Chippewa Indians in Minnesota. If this money should be disbursed to the Red Lake Indians, as they are demanding it shall be, a claim aggregating several million dollars will accrue against the United States. If the legislation proposed by the general council is adopted this question will go to the Court of Claims, will be by the courts decided, and the money will follow the judgment, thus holding the United States harmless.

Under section 7 of the act of 1889 (25 Stat., 642) only the net proceeds derived from the sale and disposition of the property ceded to the United States were to be placed in the Treasury to the credit of all the Chippewa Indians, the expenses of administration to be first deducted. The statement furnished me by the Secretary of the Treasury and appearing in the record of this hearing shows that there have been deposited in the Treasury $13,472,766.18. This does not represent all the money received from the sale of property. It represents a part only of the expenses of administration, for during the early years of the operation there were no funds in hand and it was necessary for Congress to make appropriations out of the Public Treasury with which to conduct the work, each appropriation being made reimbursable.

The Indian Bureau has refused to furnish the general council of the Chippewa Indians of Minnesota a complete statement of the moneys received from the sale of property, and the total cost of operations. The official statement from the Secretary shows that out of $13,472,766.18 there have been expended $7,636,040.57. Of the amount expended, about $1,500,000 was paid to the Indians in a per capita payment pursuant to the provision contained in the act of May 18, 1916. Only incidental benefits have been received by the Indians from the more than $6,000,000 that were placed in the Treasury of the United States and expended by the Indian Bureau. These six millions of dollars represent only a part of the cost of administration. It can not be pleaded by the Indian Bureau that any considerable part of this money has been properly used for educational purposes, for by section 7 of the act of 1889 one-fourth of the interest money was set aside to be used exclusively for school purposes, and beyond this amount the Indian Bureau had no lawful right to go. A limited amount of this six millions of dollars, probably $500,000 in all, was used by the Indian Bureau for school purposes, but if practical business methods had been applied to the schools maintained by the Indian Bureau, the interest money alone would have been abundant. The great majority of this $6,000,000 has been squandered in the most reckless administration known to even Indian estates, and if permitted to continue would exhaust the fund in a few years.

For years the Indian Bureau has been going to Congress and securing appropriations for alleged support and civilization of 12,000 Indians. As a matter of fact, not 10 per cent of the adult Chippewa Indians are to-day, nor have they been in the last 30 years, within the class that needs any support and civilization at the hands of the Indian Bureau. These appropriations thus obtained have been squandered in the maintenance of large armies of Indian Bureau employees in Minnesota who have been the dirrect beneficiaries, the Indians receiving only incidental benefits. During the course of the hearing Mr. Meritt, Assistant Commissioner of Indian Affairs, referred to statements made by counsel for the general council as "extravagant. Mr. Meritt has never been on a Chippewa Reservation in Minnesota. Only two Commissioners of Indian Affairs in 31 years have visited the Chippewa country, and they went there years ago on special missions and never took the time to inquire into general conditions. The statements made by Mr. Meritt are based upon reports of the bureau agents in Minnesota. These men are anxious to perpetuate their jobs. They care nothing about holding 12,000 human beings in a state of virtual servitude and tying up over two million acres of land, so long as they can perpetuate their jobs and draw their salaries. If Mr. Meritt had taken the trouble to have gone to Minne

sota and personally looked into the situation he would not have tolerated the extravagant waste of trust funds that have occurred in the past. No honest man of good judgment could have tolerated such conditions.

If the bill as proposed by the general council of the Chippewa Indians of Minnesota is enacted into law

(a) It will release the United States from apparently valid claims against it arising from the establishment of forest reserves and the maintenance of Indian reservations aggregating from $5,000,000 to $8,000,000. (See sec. 2 of the bill.)

(b) It will enable the Indians to receive the market value of their remaining lands, thus securing for the Indians the amount of the claims they would waive against the United States over and above the amount they would receive for the sale of the property under existing law.

(c) It will save the United States from $10,000,000 to $16,000,000 in claims that will certainly accrue against it unless prompt action is taken, viz, from four to six million dollars on the Red Lake Reservation, and from six to ten million dollars in land conveyed and about to be conveyed to the State of Minnesota, admittedly contrary to the trust agreement of 1889.

(d) It will immediately liberate all competent Indians and discharge them from any further supervision or control at the hands of the Indian Bureau.

(e) It will continue the restrictions upon the allotments of all incompetent Indians, but give them their funds at stated times in annual partial payments, for their support. (f) It will dispose of more than 2,000,000 acres of virgin land now remaining idle and unproductive, rendering the same productive and taxable.

(g) It will conserve the property of the Chippewa Indians of Minnesota for the Indians themselves.

(h) It will provide suitable.public school facilities for every Indian child.

(i) It will adjust and compose every controversy between the Indians and the United States or between the Indians.

(j) It will result in winding up within the five or six years the tribal affairs of the Chippewa Indians of Minnesota and discharge them.

(k) It will result in a blessing to the Indians, the people of Minnesota, and of the Nation.

(Following is an additional statement of Edgar B. Meritt, Assistant Commissioner of Indian Affairs, in answer to the brief of Attorney Webster Ballinger:)

1. I will not take the time to answer in detail all of the statements made by Mr. Ballinger, inasmuch as I have answered most of those statements in my oral argument before the committee. The fact that all of the statements of Mr. Ballinger are not answered specifically should not be construed as admitting the correctness of his statements. As was shown in the hearing, a large number of the statements of Mr. Ballinger are greatly exaggerated, and some of them have no basis in fact or in law. 2. The department favors the Chippewa Indians being permitted to go to the Court of Claims and having their claims against the Government adjudicated. The jurisdictional bill, however, should be in proper form so that the interests of all the Indians and the Government would be fully protected. It is apparent that Mr. Ballinger is endeavoring to get legislation so worded that it would be unfair to the Red Lake Indians and would place an undue burden upon them as well as the Government. We have submitted a draft of legislation which would authorize the claims of the Chippewa Indians to be adjudicated and which would be fair to all interests. We favor the legislation submitted by the department, but are opposed to the amendments proposed by Mr. Ballinger.

3. We are also in favor of legislation that would wind up the affairs of the Chippewa Indians at the earliest practicable date and we have submitted to the committee a draft of legislation with that end in view. Mr. Ballinger has suggested certain amendments to this legislation that would be unfair to the Red Lake Indians and we are opposed to those amendments.

4. I reiterate my statement before the committee that the Indian Office did not initiate the legislation contained in the act of May 18, 1916 (39 Stat., 123–136), creating the forest reserve on the Red Lake Reservation. That legislation was initiated by a Member of Congress from the State of Minnesota, and was sent to the department for report. This statement of the facts can be confirmed by the records of Congress. The legislation has resulted in good to the Red Lake Indians and we have no criticism to make of this legislation enacted by Congress. It had enabled the department to sell the timber on the Red Lake Reservation at a very high price and

the interests of the Red Lake Indians have been fully protected. The Red Lake Indians have no complaint to make in regard to this legislation and the only criticisms made of it are by the White Earth Indians. This legislation prevented certain timber interests of Minnesota from getting the timber on this reservation from the Indians for an inadequate price, as was done on the White Earth Reservation.

5. We have made clear to the committee the reason why allotments have not been made on the Red Lake Reservation. It has been entirely impracticable to make allotments on that reservation for the reason that a large part of the reservation needs to be drained and legislation is now pending before Congress with that end in view; also a part of the land contains very valuable timber and if this timber land were allotted before the sale of the timber the Indians who received timber allotments would get more than their pro rata share of the property of the Red Lake Reservation. The Red Lake Indians are entirely satisfied with the manner in which we have handled their property. They have protested against allotments being made until the timber could be sold and the land drained. The attitude of the White Earth Indians in endeavoring to control the property of the Red Lake Indians should, to say the least, not be encouraged by allowing them to procure the enactment of the legislation they desire over the protests of the Red Lake Indians and the Interior Department.

6. The committee will recall that Mr. Ballinger claimed that we initiated the legislation contained in the act of February 20, 1904 (33 Stat., 46), wherein the Congress recognized the property rights of the Red Lake Indians to the entire lands within the boundaries of the present Red Lake Reservation. A similar recognition was given by Congress in the act of May 18, 1916 (39 Stat., 123-136), creating the forest reserve on the Red Lake Reservation. Members of the House Indian Committee will recall that Representative Steenerson, in whose district the Red Lake Reservation is located, stated to the committee that he was the author of the act of February 20, 1904 (33 Stat., 46), relating to the Red Lake Reservation, known as the Steenerson Act, and that he stoutly defended the rights of the Red Lake Indians to all property within that reservation. Attention is invited to the record showing his statement in connection with this matter; also to the specific provisions of section 1 of that act, which reads in part as follows:

"It is further agreed that the said Indians belonging on the said Red Lake Indian Reservation, Minnesota, shall possess their diminished reservation independent of all other bands of the Chippewa Tribe of Indians and shall be entitled to allotments thereon of one hundred and sixty acres each, of either agricultural or pine land, the different classes of land to be apportioned as equitably as possible among the allottees." It will be appreciated that Mr. Ballinger is doing everything within his power to break down the force and effect of the provisions of the acts of 1904 and 1916, wherein Congress specifically recognized the rights of the Red Lake Indians to the Red Lake Reservation. In this connection it should also be borne in mind that the Red Lake Indians contributed approximately 2,000,000 acres of land that were ceded by the Chippewa Indians-more lands than were ceded by all the other bands of Chippewa Indians combined, and the proceeds from the sale of such lands went into the general Chippewa fund and was shared by all Chippewa Indians alike.

7. One of the amendments proposed by Mr. Ballinger would avoid the provisions of sections 2103, 2104, 2105, and 2106 of the Revised Statutes, relating to the employment of attorneys and the payment of attorney fees. It will be recalled that I pointed out to the committee that this was exceedingly important, quoting the report of the members of the House Indian Committee, emphasizing the danger of legislation of this character. I furnished to the committee a reference to the document containing this report of the House Indian Committee on this subject and attention is invited to that report and especially to the part of the report which I quoted in my testimony before the committee.

8. Mr. Ballinger again attempts to make it appear that large sums of money have been wasted in administering the affairs of the Chippewa Indians. The committee will recall that I quoted the provisions of section 7 of the act of January 14, 1889 (25 Stat., 642-645), wherein the department is required to pay out moneys to the Chippewa Indians to educate them, and carry on certain administrative functions among the Chippewa Indians as required by Congress. Section 7 of said act reads as follows:

That all money accruing from the disposal of said lands in conformity with the provisions of this act shall, after deducting all the expenses of making the census, of obtaining the cession and relinquishment, of making the removal and allotments, and of completing the surveys and appraisals, in this act provided, be placed in the Treasury of the United States to the credit of all the Chippewa Indians in the State of Minnesota as a permanent fund, which shall draw interest at the rate of 5 per cent per annum, payable annually for the period of 50 years, after the allotments provided

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