Mr. BROPHY. It is the same kind of a proposition, because they are getting less than what the jobs are worth. Mr. DWORSHAK. You never had non-Indian personnel in those positions; that is, in those categories, did you? Commissioner BROPHY. I do not believe so. Mr. DWORSHAK. Those positions were always held by Indians. Mr. FICKINGER. Frankly, we originally proposed the classification of these positions to a comparable classification grade. However, the estimate as it comes to you calls for a 25-percent increase under the provisions of Public Law 106. At present, this group of employees has been completely left out of any of the benefits of Public Law 106. They do not even receive the legislative statutory increases every 12 months or 18 months provided for by the Meade-Ramspeck Act. Mr. DWORSHAK. The question uppermost in my mind was whether according to the impression I received at the hearings a year ago, these positions were non-essential, but were merely created there to provided employment for certain people on the reservations; or whether those positions if not filled by Indians currently would necessarily have to be filled by other personnel. Commissioner BROPHY. The latter is correct, Mr. Dworshak. FINES AND CONVICTIONS Mr. NORRELL. Heretofore you had a table on fines and convictions. Have you a place for that? Mr. FICKINGER. Yes, this appears to be the proper place for it. Mr. NORRELL. Why was it left out? Mr. FICKINGER. I think we have a separate tabulation of that which we would like to hand to the committee. Mr. NORRELL. I think that ought to be in the hearing. Mr. FICKINGER. We will furnish you that complete tabulation. (The tabulation referred to is as follows:) Offenses charged against and relating to Indians by type and disposition of cases, as reported by Indian Agency Superintendents, fiscal year 1945 Offenses charged against and relating to Indians by type and disposition of cases, as reported by Indian Agency Superintendents, fiscal year 1945-Contenued NEW AUTOMOBILES REQUESTED Mr. NORRELL. I believe you are asking for 15 new automobiles. Mr. FICKINGER. That is correct, sir. Mr. NORRELL. You have a price of $1,000 a piece. Are they for the police officers? Mr. FICKINGER. Some of the automobiles are for the police officers, and some are for agency staff-replacements of automobiles at our agencies. I might advise the committee that we have not been able to make a single purchase of an automobile this year. Mr. NORRELL. I haven't either. NEW POSITIONS REQUIRED BY 40-HOUR WEEK Mr. DWORSHAK. Mr. Fickinger, you are proposing to add 33 new positions specifically to take care of readjustments required by the return to a 40-hour workweek. Mr. FICKINGER. That is correct; yes, sir. FUNCTION AND SALARIES OF INDIAN JUDGES Mr. JOHNSON of Oklahoma. With reference to the so-called Indian judges, before we leave that item, if I remember correctly, in the majority of cases the name "Indian judge' 'is a misnomer. These Indians are not judges, they are not lawyers, they are not supposed to be; but you call them Indian judges. Many of them, it has been repre sented to this committee, can hardly read or write; and, frankly, I am tired of having this brought up to us as "Indian judges," that they must have their salaries increased. We think of judges as Federal judges, or at least high-powered lawyers who hold court. Mr. NORRELL. We have allowed very little increase in salary for these items. Mr. JOHNSON of Oklahoma. Are they real judges that you mention here? They are Indians selected to judge their own people, are they not? Commissioner BROPHY. They judge their own people, Mr. Chair man. They do sit down and try the cases under their own tribal laws. Under the existing law of most of these reservations, only the major crimes specified in the Federal statutes, such as murder, assault with intent to kill, rape, and the like-the Bible crimes-land in the Federal court, and all other crimes are tried by the tribal courts. The minor offenses are subject to being tried in the tribal court rather than the Federal or State court. These judges pass on cases according to the law of the particular tribe, and it is for a violation of laws of the particular tribe that these judges sit in judgment. They also handle the civil cases of the Indians. Mr. JOHNSON of Oklahoma. Mr. Fickinger, when did these socalled Indian judges get their last raise? Mr. FICKINGER. I believe, Mr. Chairman, that in the 1945 appropriation there was allowed a small increase for some of the judges, that brought the salaries up to a little higher level than they had been. Some of these judges' salaries were down as low as $120 a year, and we still have 26 judges whose salaries are $180 a year; 11 of |