MAY 19 1942 SENATE RESOLUTION NO. 60, SEVENTY-FIFTH CONGRESS Resolved, That the Committee on Indian Affairs is hereby authorized to have prepared for the use of the Senate a compilation of the laws, agreements, Executive orders, proclamations, and so forth relating to Indian Affairs passed and proclaimed since March 4, 1927, including the Seventyfifth Congress, to be known as Laws and Treaties Relating to Indian Affairs, Volume 5. Passed the Senate February 11, 1937. SENATE RESOLUTION NO. 141, SEVENTY-SIXTH CONGRESS IN THE SENATE OF THE UNITED STATES, Resolved, That the manuscript of the laws, agreements, Executive orders, proclamations, and so forth, relating to Indian Affairs, prepared under S. Res. 69, Seventy-fifth Congress, first session, to be known as Laws and Treaties relating to Indian Affairs, volume 5, be printed as a Senate document. Private acts of Seventy-first Congress, third session_. Concurrent resolutions of Seventy-second Congress, first session_. Public acts of Seventy-second Congress, second session___ Private acts of Seventy-second Congress, second session_ Public acts of Seventy-third Congress, first session... Private acts of Seventy-third Congress, first session_ Public acts of Seventy-third Congress, second session_ Private acts of Seventy-third Congress, second session. Public acts of Seventy-fourth Congress, first session_-_ Private acts of Seventy-fourth Congress, first session_.. Public acts of Seventy-fourth Congress, second session.. Private acts of Seventy-fourth Congress, second session_ Concurrent resolutions of Seventy-fourth Congress, second session_ I PREFACE Pursuant to Senate Resolution No. 60, Seventy-fifth Congress, first session, passed February 11, 1937, there is herewith submitted volume V of the Compilation of Indian Laws and Treaties. Volumes I and II of the Compilation brought the Indian laws and treaties down to June 19, 1902, and were published in 1904; subsequently a revised second edition was issued. Volume III embraces all Indian laws passed to October 24, 1913. Volume IV embraces all Indian laws passed to March 4, 1927. Volume V contains all Indian laws passed from March 4, 1927, to the end of the Seventy-fifth Congress on June 29, 1938. During this period a large quantity of important Indian legislation was enacted by Congress, including the so-called Wheeler-Howard Act; and many Executive orders and proclamations were issued by the President pertaining to Indian tribes and reservations. Several relevant unratified treaties and agreements with Indian tribes, in whose behalf legislation was enacted or is pending in Congress or whose cases are pending in the Court of Claims, have been included in this volume. Also included are a number of recent leading decisions of the Supreme Court of the United States, the Federal and State courts, the Court of Claims, and the Solicitor of the Interior Department, all of which vitally affect the interests of the Indians, their tribes, and their reservation lands. These decisions cover just compensation for lands taken, which includes interest; the determination of value of lands taken; the ownership of the natural resources located on treaty reservations; jurisdiction over the New York Indian tribes; powers of Indian tribes under the Wheeler-Howard Act; application to Indians of tariff and customs laws under treaties, and the nature of counterclaims, set-offs, and gratuities allowed by the court to the Government against the Indian tribes. Also embraced in this volume is the docket of the Court of Claims of December 1938 listing all Indian claims pending before the court. Also included is a list of all decisions rendered by the Court of Claims in Indian cases contained in Court of Claims Reports from volume 1 to volume 90, both inclusive. The latest statement of trust funds standing to the credit of the several Indian tribes in the Treasury of the United States is made part of this volume. To all laws appearing in volume V which have been before the Supreme Court, the Federal and State courts, the Court of Claims, the Departments of Justice and the Interior, and the Comptroller General for construction or adjudication are appended citations to the decisions thereon. An extensive and methodical index and marginal references to Indian laws and treaties, citing where those may be found in the Compilation, have been provided, in volume V, so that an examination of any question concerning legislation for the Indians can conveniently and expeditiously be made within the confines of the five volumes of the Compilation. In the index, under the headings of "Court of Claims" and "Jurisdictional Acts," will be found a list of all former and recent acts of Congress granting Indian tribes the right to present their claims to the Court of Claims for adjudication and settlement. Several Indian acts of Congress are generally referred to by the names of their authors; therefore the index under appropriate titles refers to such acts under the name of the author. It may at this point be called to the attention of persons not possessing the earlier volumes of the Compilation that volume IV contains the complete indexes of volumes I, II, III, and IV. An examination of volume V will demonstrate, it is believed, that time and labor were unsparingly employed to prepare a volume to match in service and merit the companion volumes, I to IV. It is gratifying to the compiler that the Compilation of Indian Laws and Treaties has become authoritative, being used, cited, and consulted by the highest courts of the United States, both Federal and State, the committees of Congress, the several departments of the Government, the Attorney General, the Comptroller General, superintendents of Indian agencies, Indian Tribal Councils, and those interested in Indian affairs. Due acknowledgement for valuable suggestions and assistance in compiling, annotating, and indexing volume V is made to the Chairman of the Senate Committee on Indian Affairs, Hon. Elmer Thomas, of Oklahoma, A. A. Grorud, Esq., Special Assistant to the Senate Committee on Indian Affairs, Mr. H. G. Bender of the House Committee on Indian Affairs, Mr. Eldred D. Kuppinger, of the State Department, Mr. Ansel Wold, clerk to the Joint Congressional Committee on Printing, Mr. Guy E. Ives, Printing Clerk of the Senate, Mr. W. Grant Lieuallen, of the Senate Library; also to the officials of the Departments of Justice and the Interior, the Bureau of Indian Affairs, the General Accounting Office, and the National Archives. WASHINGTON, D. C., February 15, 1941. CHARLES J. KAPPLER, Compiler. |