in any one year: Provided further. That if by reason of the segregations from the principal fund herein authorized the one-fourth of the interest annually accruing thereon shall be insufficient in any one year to defray the school expenses of said children, then the Secretary is authorized to withdraw and use a sufficient amount of said principal fund, which, together with the one-fourth of the annual, interest money, will render available for school purposes in any one year not exceeding the sum of $75,000: And provided further, That the Secretary shall annually, and at the convening of each regular session, transmit to Congress a detailed statement giving the name, age, and location of the residence of the parent or parents or guardian of every child whose school expenses are being paid out of said fund: And provided further, That the Secretary may, with the approval of the General Council of the Chippewa Indians of Minnesota, use not to exceed $75,000 of the trust funds of the Chippewa Indians in aiding the State of Minnesota in establishing and maintaining public schools at places where Chippewa Indian children are now without proper public-school facilities.

SEC. 4. That the Secretary of the Interior be, and he hereby is, authorized in his discretion to establish town sites on the Red Lake and White Earth Reservations in the State of Minnesota and upon any lands ceded under the act of January 14, 1889 (Twenty-fifth Statutes at Large, page 642), which have not been otherwise disposed of, at places where town sites are needed, and to set aside sufficient land, not exceeding three hundred and twenty acres, for each town site so established. That upon the establishment of any such town site the Secretary shall immediately cause the lands embraced therein to be surveyed and platted into suitable lots, streets, and alleys, and to dedicate said streets and alleys and such lots and parcels of land as may be necessary for public uses, and to cause the lots not so dedicated to be appraised at their true value, exclusive of improvements thereon, by a board of three persons, two of whom shall be appointed by the Secretary of the Interior and one of whom shall be appointed by the General Council of the Chippewa Indians, who shall receive compensation, to be fixed by the Secretary of the Interior, at not exceeding $10 per day and actual expenses for the times they are actually engaged in the work. When said lots are so surveyed, platted, and appraised the President shall issue patents in fee for any such lot upon the final payment of the appraised value, on such terms as may be fixed by the Secretary of the Interior for the payment of all lots or parcels of land disposed of under this act, and the proceeds of such sales shall be placed to the credit of the Chippewa Indians of Minnesota in their permanent fund in the Treasury of the United States.

Those persons owning permanent improvements at the date of the approval of this Act on any of said lots shall have the preference right for six months from the date such lots shall be offered for sale within which to purchase lots upon which their improvements are situated, but no lots shall be sold for less than the appraised valuation. If any person entitled thereto fails to take advantage of this provision, the Secretary shall cause the improvements on the unsold lots to be appraised, and any purchaser, on the payment or tender to the owner of the appraised value of the improvements, shall have the preference right for six months from the date of such payment to purchase such unsold lot or lots at their appraised value. The unimproved lots shall be open to purchase by any person or persons at their appraised value for a period of one year. After the expiration of one year from and after the date of the approval of the plat of any such town site the Secretary shall offer any lots remaining unsold for sale at public auction, and the same shall be disposed of to the highest bidder: Provided further, That the patents to be issued shall contain a condition that no malt, spirituous, or vinous liquors shall be kept or disposed of on the premises conveyed, and that any violation of this condition, either by the patentee or any person claiming rights under him, shall render the conveyance void and cause the premises to revert to the Chippewa Indians of Minnesota, to be disposed of as the said Secretary may direct: And provided further, That at least four squares of each such town site shall be set aside and reserved for public-school purposes: And provided further, That the said Secretary may terminate the said commission whenever in his judgment the work does not justify a continuance thereof, in which event the remaining work shall be done under his direction.

SEC. 5. That it being claimed by the Chippewa Indians of Minnesota that mistakes were made in the surveys of lands ceded by them to the United States under certain treaties and agreements, to their loss and injury, and in order that any such mistakes that may have been made may be corrected, two competent surveyors shall be appointed, one by the Secretary of the Interior and the other by the General Council of the Chippewa Indians of Minnesota, who shall receive such compensation as the Secretary may determine just and proper, to make such resurveys or new and addi173731-204

tional surveys as may be necessary to correctly determine the rights of the United States and the Chippewa Indians of Minnesota in and to any lands which may have been taken or acquired by the United States under any surveys heretofore made fixing the boundaries of any lands ceded under any treaty or agreement with said Indians or any hand thereof. Said surveyors shall submit a report, or reports, in writing, to the Secretary of the Interior showing the result of their work, and if any errors are found in the surveys previously made which have resulted in loss to either the Chippewa Indians of Minnesota, or any band thereof, or to the United States, they shall so state in their report, or reports, giving the acreage thereof. The report, or reports, of the surveyors shall be transmitted by the Secretary of the Interior to the Court of Claims for use by said court in determining any of the claims of said Indians against the United States. Said surveyors, with the approval of the Secretary of the Interior, are authorized to employ all necessary help in the proper performance of their duties.

SEC. 6. That exclusive jurisdiction is hereby conferred upon the probate courts of the State of Minnesota over all estates of deceased adult mixed-blood Indians allotted or who may hereafter be allotted on the White Earth Reservation in Minnesota; and over all estates of all members of the Chippewa Tribe of Indians in Minnesota allotted or to be allotted off the White Earth Reservation who were or may be at the time of their death within the unrestricted class.

SEC. 7. That nothing in this Act with reference to the sale and disposition of timber or land or other property shall, except as herein otherwise expressly provided, apply to the Red Lake Reservation, Minnesota.

SEC. 8. That the Secretary of the Interior be, and he hereby is, authorized to make and issue all necessary regulations in strict conformity with the provisions of this Act to carry the same into effect.

SEC. 9. That all laws and parts of laws in conflict with this Act are hereby repealed; and the Secretary of the Interior is hereby authorized to withdraw and to use the sum of $50,000, or so much thereof as may be necessary, from the principal fund of the Chippewa Indians of Minnesota, to defray the administrative expenses in carrying out the provisions of this Act.

Mr. MERITT. The essential and basic legislation relating to the Chippewa matters is found in the act of January 14, 1889 (25 Stats. 642). This is the principal legislation relating to the Chippewa affairs, and it is very important in connection with this hearing. I will ask that this bill be included in the record.

Mr. KELLY. You mean this act?

Mr. MERITT. This act; yes, sir.

The CHAIRMAN. If there is no objection, it is so ordered. (The said act follows:)

CHAPTER 24.-AN ACT FOR THE RELIEF AND CIVILIZATION OF THE CHIPPEWA INDIANS IN THE STATE OF MINNESOTA.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is hereby authorized and directed, within sixty days after the passage of this act, to designate and appoint three commissioners, one of whom shall be a citizen of Minnesota, whose duty it shall be, as soon as practicable after their appointment, to negotiate with all the different bands or tribes of Chippewa Indians in the State of Minnesota for the complete cession and relinquishment in writing of all their title and interest in and to all the reservations of said Indians in the State of Minnesota, except the White Earth and Red Lake Reservations, and to all and so much of these two reservations as in the judgment of said commission is not required to make and fill the allotments required by this and existing acts, and shall not have been reserved by the commissioners for said purposes, for the purposes and upon the terms hereinafter stated; and such cession and relinquishment shall be deemed sufficient as to each of said several reservations, except as to the Red Lake Reservation, if made and assented to in writing by two-thirds of the male adults over eighteen years of age of the band or tribe of Indians occupying and belonging to such reservations; and as to the Red Lake Reservation the cession and relinquishment shall be deemed sufficient if made and assented to in like manner by two-thirds of the male adults of all the Chippewa Indians in Minnesota: and provided that all agreements therefor shall be approved by the President of the United States before taking effect: Provided further, That in any case where an allotment in sev

eralty has heretofore been made to any Indian of land upon any of said reservations, he shall not be deprived thereof or disturbed therein except by his own individual consent separately and previously given, in such form and manner as may be prescribed by the Secretary of the Interior. And for the purpose of ascertaining whether the proper number of Indians yield and give their assent as aforseaid, and for the purpose of making the allotments and payments hereinafter mentioned, the said commissioners shall, while engaged in securing such cession and relinquishment as aforesaid and before completing the same, make an accurate census of each tribe or band, classifying them into male and female adults, and male and female minors; and the minors into those who are orphans and those who are not orphans, giving the exact numbers of each class, and making such census in duplicate lists, one of which shall be filed with the Secretary of the Interior and the other with the official head of the band or tribe; and the acceptance and approval of such cession and relinquishment by the President of the United States shall be deemed full and ample proof of the assent of the Indians, and shall operate as a complete extinguishment of the Indian title without any other or further act or ceremony whatsoever for the purposes and upon the terms in this act provided.

SEC. 2. That the said commissioners shall, before entering upon the discharge of their duties, each give a bond to the United States in the sum of ten thousand dollars, with sufficient sureties, to be approved by the Secretary of the Interior, and conditioned for the faithful discharge of their duties under this act, and they shall also each take an oath to support the Constitution of the United States and to faithfully discharge the duties of their office, which bonds and oaths shall be filed with the Secretary of the Interior. Said commissioners shall be entitled to a compensation of ten dollars per day for each day actually employed in the discharge of their duties, and for their actual traveling expenses and board, not exceeding three dollars per day. Said commissioners shall also be authorized to employ a competent interpreter while engaged in the performance of their duties, at a compensation and allowance to be fixed by them, not in excess of that allowed to each of them under this act.

SEC. 3. That as soon as the census has been taken, and the cession and relinquishment has been obtained, approved, and ratified, as specified in section one of this act, all of said Chippewa Indians in the State of Minnesota, except those on the Red Lake Reservation, shall, under the direction of said commissioners, be removed to and take up their residence on the White Earth Reservation, and thereupon there shall, as soon as practicable, under the direction of said commissioners, be allotted lands in severalty to the Red Lake Indians on Red Lake Reservation, and to all the other of said Indians on White. Earth Reservation, in conformity with the act of February eighth, eighteen hundred and eighty-seven, entitled "An act for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes"; and all allotments heretofore made to any of said Indians on the White Earth Reservation are hereby ratified and confirmed with the like tenure and condition prescribed for all allotments under this act: Provided, however, That the amount heretofore allotted to any Indian on White Earth Reservation shall be deducted from the amount of allotment to which he or she is entitled under this act: Provided further, That any of the Indians residing on any of said reservations may, in his discretion, take his allotment in severalty under this act on the reservation where he lives at the time of the removal herein provided for is effected, instead of being removed to and taking such allotment on White Earth Reservation.

SEC. 4. That as soon as the cession and relinquishment of said Indian title has been obtained and approved as aforesaid, it shall be the duty of the Commissioners of the General Land Office to cause the lands so ceded to the United States to be surveyed in the manner provided by law for the survey of public lands, and as soon as practicable after such survey has been made, and the report, field notes, and plats thereof filed in the General Land Office, and duly approved by the Commissioner thereof, the said Secretary of the Interior, upon notice of the completion of such surveys, shall appoint a sufficient number of competent and experienced examiners, in order that the work may be done within a reasonable time, who shall go upon said lands thus surveyed and personally make a careful, complete, and thorough examination of the same by forty-acre lots, for the purpose of ascertaining on which lots or tracts there is standing or growing pine timber, which tracts on which pine timber is standing or growing for the purposes of this act shall be termed "pine lands," the minutes of such examination to be at the time entered in books provided for that purpose, showing with particularity the amount and quality of all pine timber standing or growing on any lot or tract, the amount of such pine timber to be estimated by feet in the manner usual in estimating such timber, which estimates and reports of all such examinations shall be filed with the Commissioner of the General Land Office

as a part of the permanent records thereof, and thereupon that officer shall cause to be made a list of all such pine lands, describing each forty-acre lot or tract thereof separately, and opposite each such description he shall place the actual cash value of the same, according to his best judgment and information, but such valuation shall not be at a rate of less than three dollars per thousand feet, board measure, of the pine timber thereon, and thereupon such lists of lands so appraised shall be transmitted to the Secretary of the Interior for approval, modification, or rejection, as he may deem proper. If the appraisals are rejected as a whole, then the Secretary of the Interior shall substitute a new appraisal and the same or original list as approved or modified shall be filed with the Commissioner of the General Land Office as the appraisal of said lands, and as constituting the minimum price for which said lands may be sold, as hereinafter provided, but in no event shall said pine lands be appraised at a rate of less than three dollars per thousand feet board measure of the pine timber thereon. Duplicate lists of said lands as appraised, together with copies of the field notes, surveys, and minutes of examinations shall be filed and kept in the office of the register of the land office of the district within which said lands may be situated, and copies of said lists with the appraisals shall be furnished to any person desiring the same upon application to the Commissioner of the General Land Office or to the register of said local land office.

The compensation of the examiners so provided for in this section shall be fixed by the Secretary of the Interior, but in no event shall exceed the sum of six dollars per day for each person so employed, including all expenses.

All other lands acquired from the said Indians on said reservations, other than pine lands, are, for the purposes of this act, termed "agricultural lands.

SEC. 5. That after the survey, examination, and appraisals of said pine lands has been fully completed they shall be proclaimed as in market and offered for sale in the following manner: The Commissioner of the General Land Office shall cause notices to be inserted once in each week for four successive weeks in one newspaper of general circulation published in Minneapolis, Saint Paul, Duluth, and Crookston, Minnesota; Chicago, Illinois; Milwaukee, Wisconsin; Detroit, Michigan; Philadelphia and Williamsport, Pennsylvania; and Boston, Massachusetts, of the sale of said lands at public auction to the highest bidder for cash at the local land office of the district within which said lands are located, said notice to state the time and place and terms of such sale. At such sale said lands shall be offered in forty-acre parcels, except in case of fractions containing either more or less than forty acres, which shall be sold entire. In no event shall any parcel be sold for a less sum than its appraised value. The residue of such lands remaining unsold after such public offering shall thereafter be subject to private sale for cash at the appraised value of the same upon applica

tion at the local land office.

SEC. 6. That when any of the agricultural lands on said reservation not allotted under this act nor reserved for the future use of said Indians have been surveyed, the Secretary of the Interior shall give thirty days' notice through at least one newspaper published at Saint Paul and Crookston, in the State of Minnesota, and, at the expiration of thirty days, the said agricultural lands so surveyed shall be disposed of by the United States to actual settlers only under the provisions of the homestead law: Provided, That each settler under and in accordance with the provisions of said homestead laws shall pay to the United States for the land so taken by him the sum of one dollar and twenty-five cents for each and every acre, in five equal annual payments, and shall be entitled to a patent therefor only at the expiration of five years from the date of entry, according to said homestead laws, and after the full payment of said one dollar and twenty-five cents per acre therefor, and due proof of occupancy for said period of five years; and any conveyance of said lands so taken as a homestead, or any contract touching the same, prior to the date of final entry, shall be null and void: Provided, That nothing in this act shall be held to authorize the sale or other disposal under its provision of any tract upon which there is a subsisting, valid, preemption or homestead entry, but any such entry shall be proceeded with under the regulations and decisions in force at the date of its allowance, and if found regular and valid, patents shall issue thereon: Provided, That any person who has not heretofore had the benefit of the homestead or preemption law, and who has failed from any cause to perfect the title to a tract of land heretofore entered by him under either of said laws may make a second homestead entry under the provisions of this act.

SEC. 7. 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 five per centum per annum, payable annually for the period of fifty years, after the allotments provided for in this act have been made, and which interest and permanent fund shall be expended for the benefit of said Indians in manner following: One-half of said interest shall, during the said period of fifty years, except in the cases hereinafter otherwise provided, be annually paid in cash in equal shares to the heads of families and guardians of orphan minors for their use; and one-fourth of said interest shall, during the same period and with the like exception, be annually paid in cash in equal shares per capita to all other classes of said Indians; and the remaining one-fourth of said interest shall, during the said period of fifty years, under the direction of the Secretary of the Interior, be devoted exclusively to the establishment and maintenance of a system of free schools among said Indians, in their midst and for their benefit; and at the expiration of the said fifty years, the said permanent fund shall be divided and paid to all of said Chippewa Indians and their issue then living, in cash, in equal shares: Provided, That Congress may, in its discretion, from time to time, during the said period of fifty years, appropriate, for the purpose of promoting civilization and self-support among the said Indians, a portion of said principal sum, not exceeding five per centum thereof. The United States shall, for the benefit of said Indians, advance to them as such interest as aforesaid the sum of ninety thousand dollars annually, counting from the time when the removal and allotments provided for in this act shall have been made, until such time as said permanent fund, exclusive of the deductions herein before provided for, shall equal or exceed the sum of three million dollars, less any actual interest that may in the meantime accrue from accumulations of said permanent fund; the payments of such interest to be made yearly in advance, and, in the discretion of the Secretary of the Interior, may, as to threefourths thereof, during the first five years be expended in procuring live-stock, teams, farming implements, and seed for such of the Indians to the extent of their shares as are fit and desire to engage in farming, but as to the rest, in cash; and whenever said permanent fund shall exceed the sum of three million dollars the United States shall be fully reimbursed out of such excess, for all the advances of interest made as herein contemplated and other expenses hereunder.

SEC. 8. That the sum of one hundred and fifty thousand dollars is hereby appropriated, or so much thereof as may be necessary, out of any money in the Treasury not otherwise appropriated, to pay for procuring the cession and relinquishment, making the census, surveys, appraisals, removal and allotments, and the first annual payment of interest herein contemplated and provided for, which money shall be expended under the direction of the Secretary of the Interior in conformity with the provisions of this act. A detailed statement of which expenses, except the interest aforesaid, shall be reported to Congress when the expenditures shall be completed. Approved, January 14, 1889.

Mr. MERITT. We have also the act of February 20, 1904, relating to the Red Lake Indians. I would like to have this act appear in the record.

The CHAIRMAN. If there is no objection it is so ordered. (The said act follows:)

CHAP. 161. AN ACT TO AUTHORIZE THE SALE OF A PART OF WHAT IS KNOWN AS THE RED LAKE INDIAN RESERVATION, IN THE STATE OF MINNESOTA.

Whereas James McLaughlin, United States Indian inspector, did, on the tenth day of March, anno Domini nineteen hundred and two, make and conclude an agreement with the adult male Indians of the Red Lake Reservation, in the State of Minnesota, which said agreement is in words and figures as follows:

"This agreement made and entered into this tenth day of March, nineteen hundred and two, by and between James McLaughlin, United States Indian inspector, on the part of the United States, and the Red Lake and Pembina bands of Chippewa Indians belonging on the Red Lake Reservation in the State of Minnesota, witnesseth:

"ARTICLE 1. The said Indians belonging on the Red Lake Indian Reservation, Minnesota, for the consideration hereinafter named, do hereby cede, surrender, grant, and convey to the United States all their claim, right, title and interest in and to all that part of the Red Lake Indian reservation situate within the boundaries of Red Lake County, Minnesota, as said county is at present defined and organized, the tract hereby ceded being more particularly described as embracing all that part of the said Red Lake Reservation lying west of the range line between ranges thirty-eight