the passage of the act, no new claim to swamp and overflowed lands made by any State shall be received.

Claims in Texas.-During the last year several applications have been made to the commissioner calling for the exercise of jurisdiction of the Land Department over lands within the State of Texas, each of which was denied, and on appeal it was held in the department, June 12, 1919, that the United States had no jurisdiction over public lands or private land claims in Texas and dismissed such applications.

Abandoned military reservations.-The commissioner reports a number of probable sales for the ensuing year with items of interest in connection therewith, especially in the case of Fort Sabine, in Cameron Parish, La., where the lands have a special value on account of their proximity to the Beaumont oil fields.

Indian allotments.-Trust patents have been issued during the year on 2,433 allotments, covering a total area of 395,539.95 acres. With the exception of large reservations in New Mexico and Arizona and the mission reservations in California, the great bulk of lands held in common by the several tribes has now been divided among the individual Indians entitled thereto.

Chippewa logging operations.-During the last year 1,524,120 feet of timber were cut under the provisions of the act of June 27, 1902 (32 Stat., 400), for which the purchasers paid $9,030.62. The total amount cut up to July 1, 1919, under this act is 1,283,025,956 feet, for which the purchasers have paid $9,084,839.44.

Minnesota drainage.-During the year there have been approved for patenting 1,118 entries subject to drainage taxes under the Volstead Act of May 20, 1908 (35 Stat., 169), covering approximately an area of 176,320 acres, as against 146,240 acres the previous year. A total area of 766,920 acres have been patented under this act.

Sale of Indian lands.-Within the former Flathead Indian Reservation 4,356.24 acres near Kalispell, Mont., were offered for sale June 20, 1919, and 9,586.05 acres within said reservation, situated in the Missoula land district, were offered for sale June 26, 1919. The lands were listed in tracts embracing from 40 to 160 acres each. Fourteen of the 48 such tracts of the Kalispell lands sold for $2,466.85, and 16 of the 129 such tracts of the Missoula lands sold for $2,029.73.

Twenty-six tracts of land within the former Sioux Indian Reservation, S. Dak., embracing from 40 to 160 acres each, were offered for sale at Pierre, S. Dak., and sold under the act of March 4, 1915 (38 Stat., 1189), for the sum of $4,818.08.

Mining claims.-The total area embraced in approved mineral entries for the year was 32,559.774 acres, for which the sum of

$137,381.09 was received; in approved coal entries 7,843.17 acres, for which $295,031.75 was received.

An Alaska coal-land lease of blocks 49 and 50, Bering River field, comprising 2,080 acres, was issued during the year, making a total of 4,500 acres under lease in that field. In the Matanuska field no new areas have been leased. There are now in this field 2,840 acres under lease. No leases have been made in the Nenana field.

During the year leases of potash lands in Searles Lake, Calif., were completed, covering a total of 12,760 acres in 9 leases; another lease for 980 acres of the lake bed has been authorized. Applications for permits to prospect for potash were received to the number of 208 during the year, making a total of 494 applications received altogether. Ninety-three permits to prospect were issued, making a total of 102 permits issued, of which number two have been canceled.

National forests.-There are now 151 national forests, embracing 174,261,393 acres, of which a little over 88 per cent is public land. The net decrease in national forest area since the beginning of the fiscal year is 1,689,873 acres. During the year 1,658,988 acres have been excluded from national forests, 609,925 acres thereof reserved or withdrawn for certain public purposes, and the public lands in the remaining 1,049,063 acres and in 166,875 acres released from temporary or other withdrawals for forest purposes, have been restored to entry and other disposition.

Forest lieu selections.-The decision of April 1, 1918 (46 L. D., 341), in the case of F. A. Hyde & Co., held as to lands in California that if a patent issued to a real person the fact that such patent was fraudulently procured was immaterial if the State had taken no steps to rescind such patents when it was in a position so to do, and was thereafter barred by the statute of limitations. As a result of this decision this class of cases has been practically closed out, and there now remains of the California cases but those wherein it was charged by the Government that the patentees of the State were fictitious persons, and a consolidated hearing as to these cases has been held at San Francisco resulting in 53 cases being returned to the department under remanding orders, 16 being rejected in this office subject to appeal and 31 now awaiting action.

Selections based on lands the title to which was secured from the State of Oregon have been suspended to await the result of suits instituted by the State to cancel patents issued by it on fraudulent representations. The State has been successful in many of these suits and copies of decrees canceling State patents have recently been received, upon which action will be taken as soon as practicable. Nineteen forest lieu selections have been patented and 50 canceled during the year.

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Lieu selections for lands in Indian reservations.-The act of April 21, 1904 (35 Stat., 211), authorizes selections of public lands in New Mexico and Arizona in lieu of lands in Indian reservations. On June 6, 1916, the department decided not to allow any further exchange under this act unless in exceptional cases. Two such cases have recently arisen, the first of 47,056.75 acres in the Laguna Pueblo Reserve, owned by the Santa Fe Pacific Railroad and the New Mexico & Oregon Land Co., and the second of 37,243.63 acres of Zuni lands, of the Santa Fe Pacific Railroad Co.

Contests.-During the year litigation in the land office aside from questions incident to the adjustment of grants and the prosecution of claims for title is well in hand. Ten thousand and seventeen such cases were the subject of final decision as well as 1,654 cases that were dismissed for failure of prosecution on the part of the contestant or in default of answer by the defendant.

Repayments.-Under the several statutes authorizing repayments there were stated during the last fiscal year 762 accounts, allowing repayment of $80,896.70, and during said period there were denied 285 claims for repayment. Of this number of claims allowed and the amount repaid 91 are accounts allowing the repayment of $17,601 received in connection with the sale of various Indian reservation lands and repaid from Indian trust funds.

INDIAN AFFAIRS.

Releasing Indians from Government supervision.-The effect of the new policy issued April 17, 1917, is clearly shown by the fact that under the acts of Congress approved May 8, 1916, and June 25, 1910, 9,894 fee patents were issued to Indians in the 10 years from 1906 to 1916, while during the last 3 years 10,956 fee patents have been issued, amounting to an increase on the average annual issuance of 2,663 fee patents under the operation of the new policy.

Within the year, 4,376 fee patents were approved, involving an area of 778,698 acres.

On March 7, 1919, an order was issued calling for lists of all Indians of one-half or less Indian blood, who are able-bodied, mentally competent, and 21 years of age. Under this broadening of the policy it is estimated that 4,500 additional fee patents will be issued.

Attention is being given to the clearing up of inherited estates, of which there are approximately 20,000, and detailed instructions have been issued to the Field Service for settling these estates by partition or sale of the land and issuing fee patents to the heirs wherever practicable under the policy of April, 1917, which will further increase the number who will be no longer wards of the Government.

Citizenship.-The question of Indian citizenship has become of foremost interest, and has been the subject of several bills recently introduced in Congress.

As far back as 1817, provision was made in a treaty with the Cherokees by which any member of that tribe who desired might become a citizen of the United States. Subsequent treaties and acts of Congress contained provisions by which members of other tribes might become citizens.

The question whether under the Fourteenth amendment to the Constitution an Indian could, by severing his tribal relations, and completely surrendering himself to the jurisdiction of the United States, become a citizen thereof was determined in the negative by the Supreme Court in Elk v. Wilkins (112 U. S., p. 100).

No general law provided a means for citizenship of all Indians until 1887 when Congress passed the general allotment act (24 Stats. L., 388), which provided for the allotment of lands in severalty and declared all Indians born within its limits, who shall have complied with certain conditions, to be citizens of the United States. The broad citizenship provisions of this act were modified by Congress when on May 8, 1906, it passed the Burke Act, since which law the issuance of a fee patent has been the primary legal requirement for citizenship of Indians. It is believed that the controlling factor in granting citizenship to Indians should not be based upon their ownership of lands, tribal or in severalty, in trust or in fee, but upon the fact that they are real Americans and are of right entitled to such citizenship.

War as a civilizer.-Few things more helpful have come to the Indian race than the enrollment of 10,000 of its sons as American soldiers to challenge the barbarous rule of central Europe. Mingled indiscriminately with white troops, the Indians of necessity learned their language besides having equal opportunity with them for observation, for maturing judgment, and developing courage through contact with events and conditions that trained and toughened character in defense of a just cause and a great ideal. Many reports from superintendencies are in line with the following:

A number of full-blood Cherokees lately returned, none of whom could speak a word of English on entering the service, now talk English fluently.

I do not know of a single case where the returned Indian has not benefited, mentally and physically, to a degree plainly noticeable and commented upon by the whites of his community.

Five of these soldier boys returned recently from their work in France with a broader outlook on life and a desire to do something creditable to themselves and their people.

Those who have returned to the reservation show amazing progress in many ways self-reliance, industry, personal habits, and proper respect for authority. The refusal of your office to permit the segregation of Indian troops was of the greatest benefit, resulting in most cases in but one Indian to a company of

white soldiers and thus compelling them in every way to take up the life and manners of the white man. I safely say that our returned soldiers now constitute the best type of young Indian manhood.

He has greater self-confidence. He realizes that there is a place for him in the community; that he is a unit in the great Commonwealth.

The distinguished-service record of the Indian was probably not below that of any other people engaged in the war. He bears his honors modestly, which prevents definite information regarding many cases of individual valor. From instances cited in a partial list it is doubtful if a more brilliant one stands to the credit of any soldier than the achievement of Pvt. Joseph Oklahombi, a full-blood Choctaw, of Oklahoma, who received the croix de guerre under an order of Marshal Petain, a translation of which follows:

Under a violent barrage, dashed to the attack of enemy position, covering about 210 yards through barbed-wire entanglements. He rushed on machinegun nests, capturing 171 prisoners. He stormed a strongly held position containing more than 50 machine guns and a number of trench mortars. Turned the captured guns on the enemy and held the position for four days in spite of a constant barrage of large projectiles and of gas shells. Crossed "no man's land" many times to get information concerning the enemy and to assist his wounded comrades.

Education.-The Indian schools accomplished their full work under the course of study with but slight exception, although vacancies occurred in many important positions owing to war-time conditions. Such deficiencies as prevailed were due more to the per capita allowance of funds, which was not proportionate to the advanced cost of supplies, than to other causes.

In order further to increase the attendance of Indian children in the public schools, where such schools are available, and to require well-to-do and citizen Indians to defray the cost of their children's education, the school rules were amended with a view to eliminating certain classes and thus affording better provisions for those in greater need of Government aid. Under the amended rules

There shall not be enrolled in Government nonreservation schools any Indian children who are not under Federal supervision without prior authority from the Commissioner of Indian Affairs.

There shall not be enrolled in any Indian reservation boarding or day schools any Indian children not under Federal supervision, except such as are entitled to share in the benefits of treaty or trust funds from which the school is maintained, without prior authority from the Commissioner of Indian Affairs.

Except as to reservation schools supported from tribal funds or under specific treaty stipulations, Indian pupils who have ample financial resources or whose parents have such resources sufficient for payment of all or part of the expenses of the pupil's education, whether or not the parents are wards of the Government, shall be required to pay their transportation, and all or part of the actual cost of their support and education, not to exceed $200 a year, or at the rate of $20 a month for a fraction of a year. Superintendents will enforce this regulation.