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ment of fees, charges, and expenses, shall be deposited in the Treasury of the United States in the principal fund of the Chippewa Indians of Minnesota.

SEC. 5. That jurisdiction is hereby conferred upon the Court of Claims, with the right of appeal to the Supreme Court of the United States by either party, to hear, determine, and enter judgment against the United States or the Red Lake Band of Chippewas, for any amount or amounts that may be found due the Chippewa Indians of Minnesota (except the Red Lake Band), arising under or growing out of any violations of the agreements negotiated under the provisions of the act of January 14, 1889 (Twenty-fifth Statutes at Large, page 642), which injuriously affect the legal rights of the complainant bands to the advantage of the said Red Lake Band. Suit shall be commenced by a single petition filed by the complainant bands in said court within two years after the passage of this act, which shall set forth all the facts on which the complainants base their right to recovery. Such petition may be signed by the attorney or attorneys legally employed by the complainants to represent them in said suit, and no other verification shall be necessary.

In case of recovery the Court of Claims shall render judgment against the United States, or the Red Lake Band, as shall be deemed legal and just, based upon the facts established by the evidence. Letters, papers, documents, and public records, bearing on the matter in suit, or certified copies thereof, may be used in evidence, and the departments of the Government shall give the attorney or attorneys of the respective parties access to all such letters, papers, documents, and public records, for the purpose of making copies thereof, as may be deemed necessary by such attorneys. The United States and the Red Lake Band shall be represented by the Attorney General of the United States: Provided, That the Red Lake Band, if it shall elect so to do at a general council of the band, may employ counsel, under existing law, to represent it; and the court may determine the fee or compensation to be paid such counsel, which shall not exceed $5,000, in addition to the expenses incurred, in the event the Red Lake Band is unsuccessful in its defense; and in the event the Red Lake Band is successful in its defense, such fee, including costs and expenses, shall not exceed 10 per centum of the amount claimed by the complainant bands, payment to be made from any funds standing to the credit of the band at the time of the filing of the petition in such suit..

The amount recovered, if any, shall be deposited in the principal fund of the Chippewa Indians of Minnesota, arising out of the provisions of the act of January 14, 1889 (Twenty-fifth Statutes at Large, page 642). Upon the final determination of such suit the Court of Claims shall also determine the fee, and allowances for expenses, as it shall find reasonable and just, to be paid the attorney or attorneys employed by the complainant bands, under contract or contracts made and approved as provided by existing law; but in no event shall the fee and expenses decreed by the court be in excees of 10 per centum of the amount recovered: and the fees and expenses decreed by the court to the attorney or attorneys of record for the complainant bands shall be paid out of any sum or sums recovered in said suit.

SEC. 6. That the Attorney General of the United States is hereby authorized and directed to institute a suit in the Supreme Court of the United States against the State of Minnesota for the value of all land and timber thereon, ceded to the United States, in trust, under the provisions of the act of January 14, 1889 (Twenty-fifth Statutes at Large, page 642), which were subsequently patented to the State of Minnseota under the provisions of the swamp land act of March 12, 1860 (Twelfth Statutes at Large, page 3), which have been disposed of by said State; and for the cancellation of all patents issued to the State of Minnesota covering any such land which has not been disposed of by said State, and for the annulment of all its claim, right, title, and interest in and to such lands as have been listed or certified as swamp land in the interest or on behalf of Said State.

Any moneys recovered from said State shall be deposited in the principal fund of the Chippewa Indians of Minnesota standing to their credit in the Treasury of the United States, and any land recovered or the title to which has been decreed adversely to the claim of the State shall be disposed of under rules and regulations to be prescribed by the Secretary of the Interior, and the proceeds derived from the sale of such lands shall similarly be deposited in the Treasury of the Uhited States in the principal fund of said Chippewa Indians: Provided, That the Chippewa Indians of Minnesota, if they shall elect so to do at a general council of the several bands, employ an attorney or attorneys, under existing law, subject to the sanction and approval of the Commissioner of Indian Affairs and the Secretary of the Interior, to assist the Attorney General in the preparation and prosecution of such suit, the compensation of the attorney or attorneys so employed to be fixed and determined by the Attorney General, not to exceed ten per centum of the amount recovered, to be paid out of any funds standing to the credit of the Chippewa Indians of Minnesota. Letters, papers,

documents, and public records, or certified copies thereof, may be used in evidence, and the departments of the Government shall accord the Attorney General or the attorney or attorneys of said Indians access to such letters, papers, documents, and public records as may be deemed necessary by such attorneys.

The CHAIRMAN. Do you want this bill printed, too, at this time? Mr. MERITT. H. R. 12103, introduced by Mr. Ellsworth in the House of Representatives on January 27, 1920, was referred to the department for a report and recommendation. We went over this bill with a great deal of care in the Indian Bureau. There were conferences among the employees of the Indian Bureau, and we also held conferences with the different factions of the Chippewa Indians. We held conferences with Mr. Ballinger and the representatives of the General Council, and also with Mr. Graves, who is here opposing the General Council, and also with Mr. Henderson, who is the attorney of the Red Lake Indians. We have prepared a report to the chairman of the committee, which we believe covers the essential points contained in H. R. 12103, and will furnish all the legislation that is necessary to meet the needs of the Chippewa Indians. In order that the committee may have the benefit of this report I will ask that it be printed in the record at this time, together with the substitute bill which has been prepared by the department.

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The CHAIRMAN. Unless there is objection, it is so ordered.

(The said report follows:)

DEPARTMENT OF THE INTERIOR,
Washington, March 8, 1920.

DEAR MR. SNYDER: Further reference is made to your letter of January 20, 1920, submitting for report by this department a copy of H. R. 12103, “A bill to aid in winding up the affairs of the Chippewa Indians of Minnesota."

I have carefully read the bill, which, in the main, meets my approval. However, it contains many provisions which require amendment in order that these wards of the Government, now in a transitional period, may be properly guarded and the protection of the United States thrown around them in closing up their tribal affairs. In view of the length of the bill and the great number of proposed amendments thereto, I have caused it to be rewritten with the desired changes therein and inclose the new draft.

On January 16, 1920, we sent you a substitute bill covering the jurisdictional part of H. R. 9924, which is substantially identical with sections 6, 7, 8, and 9 of the present bill. These sections have accordingly been omitted in the substitute draft transmitted herewith, and it is suggested that the jurisdictional measure be substituted for said omitted sections, as it is believed that any measure conferring jurisdiction on the Court of Claims should be disassociated from merely administrative matters.

It is recommended that the substitute draft for said H. R. 12103 receive your favorable consideration.

Cordially, yours,

Hon. HOMER P. SNYDER,

ALEXANDER T. VOGELSANG,

Acting Secretary.

Chairman Committee on Indian Affairs,

House of Representatives.

(The said substitute bill follows:)

A BILL For the preparation of additional rolls, allotment of lands, disposition of the lands and funds of the Chippewa Indians of Minnesota, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a commission of three members, one of whom shall be appointed by the President of the United States, one by the Secretary of the Interior, and one by the General Council of the Chippewa Indians of Minnesota, shall be appointed within thrity days after this Act shall become effective. The members of said commission so appointed shall, before entering upon the discharge of their duties, take an oath to support the Constitution of the United States and to faithfully

discharge the duties of their office. Said commission shall select a chairman and the members shall each receive compensation at the rate of $10 per day and their actual and necessary expenses, when actually engaged in the performance of their official duties, said salaries and all expenses to be paid upon itemized accounts approved by said commission. In the performance of the work herein authorized said commission is given full power to employ all clerical and other help necessary for the proper conduct of the work, the power to compel the attendance of all witnesses, the production of all papers, to administer oaths, and to obtain all facts necessary to the proper performance of its duties. Said commission shall immediately proceed to add to the existing allotment rolls of the Chippewa Indians of Minnesota, except the rolls of the Indians residing on and belonging to the Red Lake Reservation and not allotted, the name of any person in being at the time said roll is made, and lawfully entitled to an allotment of land under the Act approved January 14, 1889 (Twenty-fifth Statutes at Large, page 642), and who had not theretofore been enrolled and allotted, said rolls to be completed within one year from the date the commission is organized. Upon the completion of said rolls the Secretary of the Interior shall immediately proceed and allot, in conformity with this Act and the Act of February 8, 1887 (Twenty-fourth Statutes at Large, page 388), to every person so enrolled and then in being who had not theretofore received an allotment, out of any reserved or undisposed of ceded lands to which no valid claim has been initiated, one hundred and sixty acres of land, in conformity with legal subdivisions, eighty acres of which shall be chiefly valuable for agriculture, to be selected by the allottee, if an adult, and if a minor by the father, mother, or guardian having charge of his or her estate, preference being given in the order named, and if the enrollee be incompetent or absent, said selection shall be made by some suitable person akin to him or her; that each person so entitled to an allotment shall have the right where it is possible to take his or her allotment on land, the improvements on which belong to him or her, priority of selection to be accorded in the order of actual prior settlement; that so far as practicable the lands allotted shall be contiguous. Selection of allotments shall be made within sixty days after such enrollee, or his or her representative, shall receive notice of his or her right to select an allotment, and should any such enrollee or his or her representative fail or refuse to make such selection within said time then the Secretary of the Interior shall proceed and arbitrarily make an allotment of land in the name of such enrollee, due care to be taken that proper allotments are made to all persons entitled thereto: Provided, That every such allotment shall be and remain nontaxable so long as it remains the property of the allottee, not exceeding twenty-five years, and every such allotment made to or in the name of any person whose name appears upon the rolls of "incompetent Indians," hereinafter provided for, shall remain inalienable so long as such person shall occupy the status of an incompetent Indian and the land shall remain the property of the allottee.

Said commission is also directed to prepare a roll, to be known as the "Roll of incompetent Minnesota Chippewa Indians," upon which shall be inscribed the name, age, sex, allotment number, and description of the allotments of all minors and incompetent adult persons of more than one-half Indian blood allotted or to be hereunder allotted off the White Earth Reservation, except the Chippewas residing on and belonging to the Red Lake Reservation and of all minors and incompetent full bloods allotted or to be allotted on the White Earth Reservation. Within thirty days after the completion of this roll the original shall be filed in the office of the Bureau of Indian Affairs, and one copy, duly certified to by said commission, shall be filed in each and every agency maintained among the Chippewas in Minnesota and one in each and every county recording office in the separate counties in which any of such Indians have been allotted, which rolls shall be open to inspection at all times during usual office hours. Said commission shall also prepare two other rolls, upon one of which shall be inscribed the name, age, sex, and residence of all unallotted adult persons living at the date of the approval of this Act who are entitled to share in the distribution of the tribal funds arising under section 7 of the said Act of January 14, 1889, and who are of one-half or less Indian blood; also all persons of more than onehalf Indian blood who may be found competent to handle their shares of such funds. Upon the second roll shall be inscribed the name, age, sex, and residence of every unallotted minor and adult person then in being of more than one-half Indian blood who is incompetent to handle his or her share of said fund.

Within six months after the completion of said rolls the Secretary of the Interior shall pay, or cause to be paid, to every such adult Minnesota Chippewa Indian whose name does not appear upon said rolls as an incompetent all funds then standing to his or her individual credit; and the lands allotted or to be allotted under this act or prior acts to any such Indian person shall by operation of this act pass in fee simple title to the allottee without any further conveyance whatsoever. All minors of onehalf Indian blood or less whose names appear upon said roll of incompetents, either

of whose parents has not been enrolled thereon, shall, upon becoming of legal age, be possessed of all personal and real property held in trust for them in their name, in like manner and to the same extent as enrolled persons whose names do not appear on said rolls of incompetents, and, upon the appointment by a court of competent jurisdiction and the qualification of a legal guardian of any such minor child all personal property standing to such child's credit shall be forthwith delivered over to such guardian: Provided, That the Secretary of the Interior shall continue to have authority, under existing law, upon proper evidence, to adjudge any person whose name appears on said rolls of incompetents to be competent, and upon such adjudication said person shall be possessed of all property held in trust in his or her name by the United States, or by its officers and agents, free of all restrictions: Provided further, That patents in fee shall be issued by the Secretary to all such persons upon their becoming of lawful age or upon their being adjudged competent by the said Secretary: And provided further, That all conveyances of allotted lands, the restrictions upon which as to sale and alienation are removed by this act in order to be valid shall hereafter be acknowledged before a United States commissioner or a judge of a court of record in the State of Minnesota or in the State in which the person resides: And provided further, That the rolls herein authorized to be made shall, for the purposes hereof, when finally approved, be conclusive as to the rights, age, and status of every Minnesota Chippewa Indian.

Upon the completion of all of said rolls the Secretary of the Interior shall withdraw 'from the principal fund of the Chippewa Indians of Minnesota a sufficient amount to pay therefrom to every person entitled to share in the distribution thereof, as shown by said rolls and as provided by section 7 of the act of January 14, 1889, the sum of $300, and shall thereafter, whenever said principal fund may, from the sale of timber, lands, or other property, or from moneys found to be due to said tribe on claims against the United States, if any, be sufficient to enable the said Secretary to do so, aggregate a like amount from said principal fund for like purposes; and when all the tribal property has been sold, and all claims of said Indians against the United States have been determined, collected, and deposited in the trust fund, the total amount thereof shall be divided share and share alike among the persons entitled to share therein, in accordance with the terms of section 7 of the act of January 14, 1889: Provided, That before any payment of such segregated funds is made, the Secretary shall cause the then existing rolls of those entitled to participate therein to be corrected, so that the names of all persons thereon not then in being shall be stricken therefrom and the names of all new-born children entitled to share therein, in being on January 1 of the year in which said segregation shall occur, whose births have been reported to the deparment, shall be added thereto: Provided further, That all adult persons whose names do not appear upon said incompetent rolls shall receive their respective shares of said payments in cash. The shares to which those persons whose names appear on said incompetent rolls, including minors, are entitled shall be transferred on the books of the Treasury of the United States to a fund to be designated and known as "The Chippewa in Minnesota incompetent fund," but segregated to their individual credit on the books of the Indian Office, and shall continue to draw interest, as now authorized by law, at the rate of 5 per centum per annum, and the interest that may accrue thereon shall be paid annually to the members entitled thereto, except in cases of minors, in which cases the interest shall be paid annually to the parent or guardian until the child for whom the interest is so paid arrives at legal age under the laws of Minnesota. In case of minors whose parents have died the interest shall be paid to the legal guardian: And provided further, That the amount placed to the credit of each minor whose name appears upon the roll of incompetents, shall, upon his attaining his or her majority, be paid to such member in ten equal payments, one payment each year, and at the expiration of the tenth year the total sum remaining shall be paid to such person: And provided further, That if the Secretary of the Interior deem it advisable, he may pay to any such person the full amount of the principal and interest to his or her credit or any part thereof in excess of the payments herein before authorized: And provided further, That the amounts placed to the credit of minor children may be paid to their parent or legal guardian for their proper support, in twenty equal payments, one payment each year, including interest, and at the expiration of the twenty-year period the total sum remaining shall be paid to the enrollee; and should any such minor child, whose parent or parents are not enrolled as incompetents arrive at legal age before said payments shall have been fully completed, he or she shall be entitled to receive the full amount then standing to his or her credit and to receive any further payments thereafter without restriction or limitation: And provided further, That if the Commissioner of Indian Afiairs becomes satisfied that payments made under the provisions of this act to any parent or guardian of moneys belonging to any minor are being misused or squandered, he may withhold further payments.

SEC. 2. That as compensation for losses sustained by the Chippewa Indians of Minnesota for the failure to sell and dispose of the lands ceded to the United States in trust under the provisions of the act of January 14, 1889, and subsequently included in forest and other reserves contrary to the intent of said act, the Secretary of the Interior is hereby directed to proceed and dispose of all timber on any such lands remaining undisposed of which were classified as "pine lands" under the said act and the amendatory act of June 27, 1902 (Thirty-second Statutes at Large, page 400), including the timber on any and all of said lands and within the limits of any Indian reservation except the Red Lake Reservation that has since January 14, 1889, been included in any forest or other reserve, said timber to be sold under rules and regulations to be prescribed by the Secretary of the Interior, which shall conform so far as practicable to the provisions of said act of June 27, 1902: Provided, That nothing herein contained shall invalidate or impair any existing valid contract for the cutting or sale of any of said timber: Provided further, That where any such contract shall include the timber upon any land allotted under this act the proceeds of the timber cut from any such allotted land after the allotment is made shall be paid to the allottee under the same conditions as other payments are made under this act.

The Secretary of the Interior is further directed to have all lands heretofore ceded to the United States under said act of January 14, 1889, and not included in any reserve and not disposed of, including all lands that may be recovered from the State of Minnesota, or from other sources, appraised at their true value, which shall include the timber thereon, by competent appraisers, at least one-third of whom shall be designated by the General Council of the Chippewa Indians of Minnesota and appointed by the Secretary of the Interior, and upon the completion of the allotments herein authorized all of said land so remaining unallotted and undisposed of, or to which no valid right has been initiated, shall be put up and sold at public auction to the highest bidder, at not less than the appraised value, in tracts not exceeding six hundred and forty acres each, said tracts to conform to legal subdivisions and to be sold upon the following terms and conditions: One-fifth of the purchase price to be paid at the time of sale, and the remainder to be paid in cash within ninety days thereafter, or at the option of the purchaser to be paid in four annual installments, which shall bear interest at the rate of 6 per centum per annum, payable annually. Should any purchaser of such lands be in default in any payment thereon the Secretary of the Interior may, upon a proper showing of good faith on the part of the purchaser, extend the time in which the payment may be made not exceeding one year, and all land so sold in which the purchaser shall be and reinain in default in any payment for a period of one year after such payment shall have become due or after one year from the expiration of the extension granted by the Secretary the land shall revert to the United States in trust for said Indians, and any moneys paid thereon shall be forfeited to the Indians.

All lands not sold and disposed of at public auction when offered for sale, and all lands that may revert to the United States in trust by default on the part of the purchaser in the payjent of the purchase price as hereinbefore provided, shall remain open to purchase at private sale at the appraised value until the expiration of the time in which all lands sold shall have been fully paid for, and the said Secretary shall then proceed to dispose of all of the remaining lands at public auction to the highest bidder for cash in tracts not exceeding six hundred and forty acres.

The Secretary of the Interior shall issue to any purchaser of said lands, upon full payment being made therefor, a patent as in other conveyances of public lands. All funds derived from the sale of said lands and other property shall be deposited in the Treasury of the United States to the credit of the Chippewa Indians of Minnesota in their principal fund: And provided further, That nothing herein contained shall impair or invalidate any valid existing homestead entry.

SEC. 3. That the Secretary of the Interior is hereby authorized to convey to the State of Minnesota, to be used as a part of the public-school system of said State, upon such terms as may be agreed upon, any buildings and any land or part thereof now reserved or used for school purposes for said Indians. So much of the one-fourth of the annual interest accruing on the said principal fund under section 7 of the act of January 14, 1889 (Twenty-fifth Statutes at Large, page 642), may be used by the said Secretary as is necessary to provide proper facilities for any child or children of said Indians whose parent or parents now reside, or amy hereafter reside, upon either of their allotments, and where their allotment home is too far from the nearest public school to permit the children to regularly attend the same, or for any orphan minor Chippewa Indian child who is without the proper school facilities: Provided, That where any portion of said interest money is expended for the education of children in schools the amount so allotted to any one child shall not exceed $175

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