The CHAIRMAN. This is 31 years ago. Mr. MERITT. I will explain that later. The CHAIRMAN. As I understand it, the 50-year period does not commence until after those allotments have been made. Mr. MERITT. Yes, sir; that is claimed, but not admitted. Mr. DALLINGER. How was that act applied? I can not see how that act has any application. The CHAIRMAN. It has no application up to this time in so far as winding up the agreements; it has not had any effect whatever, because no allotments have been made. Mr. MERITT. We are educating the children and making per capita payments required, and we are promoting their civilization and selfsupport among the Chippewa Indians, and it would cost money to carry out those provisions. THE CHAIRMAN. Certainly you have been operating the business up there. I am not prepared to say that you do not operate it pretty well, but as to the winding up of this 50-year period, that has not begun. Mr. MERITT. That is the contention that Mr. Ballinger made. That point has never been to my knowledge officially decided by any legal authority of the Government. The CHAIRMAN. What is your opinion with regard to it? I have understood from your conversations here that you agreed with that statement. Mr. MERITT. My opinion is that the Congress of the United States is not required to wait for the termination of the 50-year period to wind up the affairs of the Chippewa Indians. The CHAIRMAN. That is, subsequent legislation could wind up this agreement? Mr. MERITT. Congress can at any time in its discretion wind up the affairs of the Chippewa Indians before the expiration of the 50year period. The CHAIRMAN. But that winding up would not prevent objectors here from attempting to undo those proceedings, would it? It seems to me that is exactly the situation we are in here now. If this agreement had been carried out as it was originally planned in the legislation we would not be able to-day to attempt to straighten out the mix up. It looks to me that unless we can get all the parties to agree to this legislation that in a few years we will be right back where we are now attempting to straighten out the question of difficulties we have created by new legislation. Mr. MERITT. I think that Congress has absolute authority, as was pointed out by Mr. Hastings, to wind up the Chippewa affairs. Mr. ELSTON. You were coming later to the point of making new allotments? Mr. MERITT. Yes, sir. The CHAIRMAN. Proceed in your own way. Mr. MERITT. Mr. Chairman, in addition to furnishing this annual statement regarding the affairs of the Chippewa Indians, the department under date of March 22, 1912, submitted a report to Congress regarding the funds and property of the Chippewa Indians of Minnesota. This report is entitled, "Report of the Secretary of the Interior, and the Commissioner of the General Land Office, on House Resolution 144, 62d Congress, relating to funds and prop erty of the Chippewa Indians of Minnesota, arising out of the sale of lands and timber under the act of Congress dated January 14, 1889, and acts amendatory thereto." This information is found in House Document No. 645, 62d Congress, second session. It is rather long and I will not ask that it be printed here but will give the document number for the information of the committee. I point these matters out, Mr. Chairman and gentlemen of the committee, in refutation of the statement of Mr. Ballinger that it is difficult to get information in regard to the affairs of the Chippewa Indians. Now, as to the allotments on the Red Lake Reservation and the reasons why allotments have not been made. There are several reasons why we have not yet made allotments on the Red Lake Reservation, the principal reasons being, first, the reservation needs to be drained before the lands are susceptible of cultivation; second, that part of the reservation is covered with very fine pine forests and if we should allot this reservation at this time we would be in a position of being compelled to give some Indians lands that could not be cultivated because they are not drained and, on the other hand, of giving the Red Lake Indians timber allotments that are worth anywhere from $10,000 to $25,000. That would be absolutely unjust to the Red Lake Indians. The Red Lake Indians have petitioned the department not to make allotments to them. It is true that there are a few of the Red Lake Indians who would like to have allotments but we must be governed in this matter by what is best for all of the Red Lake Indians. Then, again, gentlemen of the committee, it is a well-known fact that there were great frauds perpetrated on the Indians of the White Earth Reservation. Their methods of perpetrating these frauds were to get the Indians allotted and then pass legislation removing the restrictions so that they could be deprived of their property. These same interests, certain lumbering interests and certain other interests, have been trying for years to get hold of the property of the Red Lake Indians. We have so far protected the Red Lake Indians in their property rights. To-day they own every foot of the land within the Red Lake Reservation, whereas on the White Earth Reservation, probably 80 per cent of the lands have passed from the ownership of the Indians into the hands of the white people and, as I have pointed out to you, there were great frauds in connection with the White Earth Reservation allotments and timber matters and the printed documents of Congress contain full information on this subject. There was an investigation in the years 1911 and 1912 by a congressional committee and it shows clearly the conditions that obtained on the White Earth Reservation at that time and it would be interesting reading for the members of this committee to look over these documents and see to what extent the land grafters and the timber thieves went in depriving the White Earth Indians of their property rights. The CHAIRMAN. Right at this point, what is being done to-day with that property in order to get it in a position so that it can be allotted. Mr. MERITT. Reports have been made as to the cost of draining the Red Lake lands. As you know, Mr. Chairman, during the war it was absolutely impossible to get appropriations from Congress for work of that character. The CHAIRMAN. But this situation has existed for 31 years. Mr. MERITT. There is now pending before Congress legislation authorizing the drainage of that reservation and we are submitting a favorable report on that bill with certain modifications. We hope to get this reservation drained within the near future and we are also now selling the timber on that reservation. The CHAIRMAN. You are selling it now? Mr. MERITT. At this time. The CHAIRMAN. On the stump or are you cutting it off? Mr. MERITT. We are selling it to the International Lumber Co. under contract, and for the information of the committee, I will place in the record at this point our contract with that lumber company so that the terms of the contract may be available. (The contract referred to is as follows:) TIMBER CONTRACT, RED LAKE INDIAN RESERVATION. This agreement made and entered into at the Red Lake Indian School, State of Minnesota, this 19th day of November, 1917, under authority of the act of Congress of May 18, 1916 (39 Stat. L., 123, 137), and the regulations and instructions for officers in charge of forests on Indian reservations, approved June 29, 1911, as amended March 17. 1917, between the Superintendent of the Red Lake Indian School, for and on behalf of the Red Lake Indians, party of the first part, and International Lumber Co., of International Falls, State of Minnesota, party of the second part. Witnesseth: That the party of the first part, agrees to sell to the said International Lumber Co., party of the second part, upon the terms and conditions herein stated, all the merchantable dead timber, standing or fallen, and all the live timber marked, or otherwise designated for cutting by the proper officer of the Indian Service, estimated to be approximately 72,000,000 feet, board measure, log scale (approximately 65 per cent white pine, 27 per cent Norway pine, and the remainder of Jack pine, spruce, cedar, tamarack and balsam), located upon the designated area of approximately 51,300 acres as hereinafter described. For and in consideration of the foregoing, International Lumber Co., party of the second part, agrees to pay to the superintendent of the Red Lake Indian School, State of Minnesota, for the use and benefit of the Red Lake Tribe of Indians, the full value of the said timber, as shall be determined by the actual scale of the timber as it shall be cut, at fixed rates per thousand feet, board measure, Scribner decimal C scale, which rates shall be as follows: White pine.. Norway pine. Spruce... Tamarack. Cedar... Jack pine. Balsam. Cedar and tamarack railroad ties.. Cedar posts: 7 feet long, 3 and 4 inch tops. 173731-20- -11 and International Lumber Co., party of the second part, further agrees to cut and remove the said timber in strict accordance with the following conditions and all regulations governing timber sales prescribed by the Secretary of the Interior: 1. The term "officer in charge," whenever used in these regulations, signifies the officer designated by the Commissioner of Indian Affairs to supervise timber operations on the Red Lake Reservation. 2. The sale includes an area of approximately 51,300 acres to be designated on the ground before cutting begins. The boundaries of the unit are definitely shown on the attached map, which is made a part of this contract, and are further described as follows: Beginning at a point where the range line between ranges 35 and 36 west intersects the southern boundary of the Red Lake Reservation; thence east about 18 miles to eastern boundary of reservation; thence north 53 miles to shore of Lower Red Lake; thence west along shore line about 3} miles to line between sections 21 and 22, township 151 north, range 33 west; thence south three-fourths mile; thence west 13 miles; thence south three-fourths mile; thence west one-fourth mile; thence south onefourth mile; thence west 74 miles; thence south 1 mile to township line between townships 150 and 151 north; thence west 6 miles to range line between ranges 35 and 36 west; thence south on said range line to place of beginning. 3. This contract will extend for a period of four years and eight months from November 15, 1917, or until July 15, 1922. The actual cutting of timber, other than for construction purposes, will begin on or before January 1, 1918. All timber on areas badly injured by fire or storm will be paid for, cut, and removed prior to August 1, 1918, and not less than 15,000,000 feet will be paid for, cut, and removed during each 12 months succeeding October 15, 1918, unless the Secretary of the Interior shall relieve the purchaser from cutting this minimum amount during any specified period because of unusual conditions involving serious hardship in a compliance with such requirement. All timber covered by this contract will be paid for, cut, and removed prior to June 15, 1922. 4. The timber will be paid for in advance payments of not less than $10,000 each when called for by the officer in charge, except that the last payment in any logging season may be in a sum not less than $2,500. The amount deposited with the accepted bid will be credited against the first payment. Payments for the timber shall be made to the superintendent of the Red Lake Indian School. 5. Only fallen, dead, and mature timber is to be logged under this contract. The question of what trees are immature will be determined by representatives of the Indian Service; but it is understood and agreed that approximately 80 per cent of the timber within the sale area is properly classifiable as fallen, dead, or mature and shall be cut under this contract.. 6. No timber will be cut until it has been paid for and no timber will be removed from the sale area until it has been scaled and stamped by the officer in charge. 7. No timber will be cut except from the area specified by the officer in charge. No live timber will be cut except that marked or otherwise designated by the officer in charge. All dead timber standing or fallen, which is sound enough for lumber of any merchantable grade, and all green trees marked or otherwise designated for cutting by the officer in charge will be cut. 8. All merchantable timber used in buildings, skidways, bridges, construction of roads or other improvements, will be paid for at the contract price. 9. No unnecessary damage will be done to young growth or to trees left standing. Unmarked trees that are badly damaged during the process of logging will be cut if required by the officer in charge, and when such damage is due to carelessness, will be paid for at twice the price fixed by the contract. Unmarked living trees that are cut without the special direction of the officer in charge will also be scaled and paid for at twice the contract price. 10. Stumps will be cut so as to cause the least possible waste, and will not be cut higher than two-thirds the diameter of the stump, lower when possible, except in unusual cases when, in the discretion of the officer in charge, this height is considered impracticable. 11. All trees will be utilized to as low a diameter in the tops as possible so as to cause the least waste, and to a minimum diameter of 6 inches when the tops are straight and sound; the log lengths will be so varied as to make this possible. All merchantable logs 10 feet or over in length will be taken, and shorter logs which are taken will be paid for. Trees shall be sawed into such lengths and products as shall give the greatest stumpage value, and if otherwise cut they shall be scaled as of such lengths and products as to give the greatest stumpage value. 12. Tops will be lopped and all brush piled compactly at a safe distance from living trees, as directed by the officer in charge. Unless written directions for other disposition shall have been issued by the officer in charge the brush and slash shall be burned by the purchaser as the logging proceeds, and under such precautions as the officer in charge may prescribe to prevent the spread of fire or the injury of standing timber, ordinarily prior to skidding. 13. The timber will be scaled by competent scalers selected by the Commissioner of Indian Affairs. Timber will be scaled by the Scribner decimal C rule and if required by the officer in charge will be skidded for scaling as he may direct. The maximum scaling length of all logs will be 18 feet; greater lengths will be scaled as two or more logs; on all logs 3 inches additional length will be allowed for trimming; logs overrunning this limit will be scaled as though 2 feet longer. Logs containing not less than 25 per cent of merchantable timber will be considered merchantable. Hewn railroad ties, used for logging purposes within the sale area, whose widest diameter inside the bark at the small end exceeds 12 inches, will be scaled; smaller hewn ties will be counted and 40 ties considered equivalent to 1,000 feet b. m.; diameters will be measured inside the bark at the top of the logs and recorded at the nearest inch above or below the actual average diameter. 14. All cutting shall be done with a sw when possible. Marked trees or merchantable dead trees left uncut, timber wasted in tops, stumps and partially sound logs, trees left lodged in the process of felling, and any timber merchantable according to the terms of the contract which is cut and not removed from the area sale before logging on that portion of the area is completed, or is left within any part of the sale area after the expiration of the contract, shall be scaled and paid for. Both dead and marked green trees and snags considered a fire menace by the officer in charge will be felled, but only such portions of them as are merchantable under the terms of the contract need be logged and paid for. Double scale will be charged for such trees if left uncut. 15. During the contract the purchaser and all of his employees, subcontractors, and employees of subcontractors, shall do all in their power both independently and upon the request of forest officers to prevent and suppress forest fires. Unless prevented by circumstances beyond his control the purchaser, together with his employees, subcontractors, and employees of subcontractors, will be placed at the disposal of any authorized officer of the Indian Service for the purpose of fighting fires, provided that if the fire does not threaten the property of the purchaser or the area embraced in the contract, he will be reimbursed for services so rendered, unless the purchaser is directly or indirectly responsible for the origin of the fire. 16. So far as is reasonable all branches of the logging shall keep pace with one another, and in no instance shall the brush disposal be allowed to fall behind the cutting except when the depth of snow or other adequate reason makes proper disposal impossible, when the disposal of brush may, with the written consent of the officer in charge, be postponed until conditions are more favorable. Operations shall be continued on each legal description or other unit of the sale area as determined by the officer in charge until the logging of each unit is completed to his satisfaction. 17. Necessary skid roads, log chutes, camps, buildings or other structures will be located as agreed upon with the officer in charge. Loging railroads within the reservation may be constructed under free permits to be issued by the Commissioner of Indian Affairs. The way for such railroad shall be cut free from combustible materials for a distance of 50 feet on each side of the track where such clearing is considered necessary by the officer in charge as a precaution against forest fires. Sawmills constructed in connection with timber operations upon the reservation shall be constructed under permits issued by the Commissioner of Indian Affairs. Bonds in addition to that submitted in support of the contract shall not be required: Provided, That the timber sale bond shall also cover the terms of such permits. Commissaries, construction camps, and all other buildings and improvements constructed upon the sale area or other Indian lands in connection with logging or railroad operation will be constructed under permits issued by the superintendent of the Red Lake Indian School. Such permits will require that the ground in the vicinity of all structures shall be kept in a sanitary |