PENSIONS-INDIAN WARS MONDAY, JANUARY 22, 1940 HOUSE OF REPRESENTATIVES, COMMITTEE ON INVALID PENSIONS, Washington, D. C. The committee met at 10 a. m., pursuant to notice, Hon. John Lesinski (chairman) presiding, for consideration of H. R. 1006, H. R. 3996, H. R. 4924, H. R. 4991, H. R. 4999, and H. R. 7899. The CHAIRMAN. The meeting will come to order. The purpose of this meeting is to hold hearings on the bills pending in this committee which propose in one form or another to liberalize the now existing benefits with reference to veterans and dependents of veterans of the Indian wars. The present pension laws for Indian war veterans and their dependents are based on 30 days' service in any Indian war or campaign in connection with or in the zone of active Indian hostilities, and the rates for veterans range from $20 to $55 per month, according to the degree of disability, with a rate of $72 per month if aid and attendance is required; based on age, the rates range from $25 per month at age 62 years, and $55 per month at the age of 75 years. The widows and former widows of Indian war veterans receive pension at the rate of $30 per month, provided they were married to the veteran prior to March 4, 1917. There appear to be several organizations that represent Indian war veterans, and I have been in correspondence with all of these organizations and have given them ample notice of these hearings. Just recently I received from Mr. H. E. Willmering, national commander, United Indian War Veterans of the United States of America, who resides at 390 Golden Gate Avenue, San Francisco, Calif., a letter enclosing data compiled by the national historian of that organization relative to the Ute expedition in 1906. For the purpose of the record, I will insert at this point the letter and data received from Mr. Willmering. (The letter and the data referred to are as follows:) Hon. JOHN LESINSKI, UNITED INDIAN WAR VETERANS, U. S. A., Chairman, House Invalid Pension Committee, Washington, D. C. DEAR SIR: I am sending you herewith a copy of all the data which our national historian has compiled to date upon the Ute Expedition of 1906. I, personally, participated in this expedition to round up and return the absentee Utes from Wyoming to Fort Meade, from which point they were later escorted back to their allotted lands in Utah. As this expedition is not at present recognized on the Indian war pension roll, I feel it should be, in order to give justice to the men who, like myself, were in the field for the required "thirty days." I am requesting Senator Elmer Thomas, of Oklahoma (with whom I have talked personally on the subject), either to introduce an amendment to the general Indian war bill, so as to include this 1906 Ute Expedition, or to take it up by special bill, whichever he deems advisable at this time. If you would confer with Senator Thomas on this matter and do what you can regarding it, I would be most sincerely grateful. On behalf of my Indian war comrades and myself, I thank you most sincerely for all your efforts in behalf of the few of us who are left. Respectfully yours, H. E. WILLMERING, National Commander, United Indian War Veterans, U. S. A. UTE EXPEDITION OF 1906 (COMPILED BY VIOLA RANSOM DONATH, NATIONAL HISTORIAN, UNITED INDIAN WAR VETERANS, U. S. A.) In 1935, Comrade Herman E. Willmering (our present national commander) showed me his discharge from troop D, Sixth United States Cavalry, upon which was written under the heading: Engagements, etc., this Indian War service: "In the field from October 25, 1906, to November 24, 1906, participating in the capture of the Ute Indians." Since that time, I have done considerable research on the subject and have collected the following data from official documents, newspaper items, War Department reports, and excerpts from book and magazine articles. In gathering this material, I was helped by Gladys Riley, State historian, exofficio, Wyoming State Library and Historical Department, Cheyenne, Wyo., and Margaret L. Sinclair, secretary, Utah State Historical Society, State Capitol, Salt Lake City, Utah, and I wish to acknowledge, with grateful appreciation, their valuable assistance. Document I THE STATE OF WYOMING, Hon. SECRETARY OF THE DEPARTMENT OF THE INTERIOR, SIR: A serious and unprecedented situation has arisen in this State by reason of the arrival here of a band of Ute Indians of some 200 or more in number, a considerable number of which are women and children, and all accompanied by a band of some 500 ponies, and having come in from their reservation from the State of Utah within the past 4 months. The serious aspect of the situation is being hourly intensified by the fact that these Indians are in almost destitute circumstances and are now, and have been for several weeks past, foraging upon the resources of settlers in the Platte River Valley in the county of Converse. On the 25th day of August, I called the attention of your Department, by wire, to the presence of these Indians in the State and in reply received some considerable correspondence on the subject, including a report of Special Indian Inspector Captain Hall, who was directed by the Indian Department to proceed at once to the locality and, if possible, induce the Indians to return to their reservation. The report of the inspector, a copy of which I have before me in the correspondence, would seem to indicate that the Department of Indian Affairs is powerless to relieve the situation. Nevertheless the situation is one that must be handled promptly and effectively in some manner. I have recently paid a visit to the locality in question and the reports of depredations and tresspasses committed by these Indians have been verified sufficiently to convince me of their truth. The Indians are grazing their ponies upon winter feed which has been reserved by settlers for their stock during the winter months. Qute a number of stock-killing cases have been reported and it is self-evident that these tresspasses and violations of property rights will be continued as long as the Indians remain in this State. The winter season is approaching and the rigors of our winter climate will undoubtedly entail great suffering and loss of life among the Indians themselves unless they are looked after. At home on their reservation in the State of Utah, where, I understand extensive tracts of land have been allotted to members of this tribe, they are in a position to care A for themselves and families without interfering with the rights of settlers. But it will be impossible for them to return to the Reservation by trailing across the country before severe weather sets in, if indeed they have any disposition to return at all, which I understand they have not. A more serious aspect of the situation presents itself in the very strong probality of these acts of trespass and stock killing being vigorously resented by some settlers on almost any day. The civil authorities of the county of Converse are helpless in the face of a situation of this character. I believe it is claimed that the Indians are citizens of the United States and as such are at liberty to exercise the rights and privileges of citizens. While it is also true that citizenship brings with it certain responsibilities, it is reasonable to expect irresponsible persons to act in a responsible manner, or to realize the responsibilities of citizenship. I have said that the civil authorities of Converse County, acting through the sheriff are unable to handle the situation and the same might be said of the ability of the State of Wyoming to meet the exigencies of the case effectively and promptly and to the best interests of the settlers and the Indians themselves. I am advised that the Supreme Court of the United States in the Case of Heff (197 U. S. Rept., p. 488) has recently decided that an allottee Indian is nonamenable to the police regulations that govern Indians retaining their tribal relations. This decision only serves to further complicate matters and I am chiefly concerned in seeking out the wise course to pursue under all of the circumstances. It has occurred to me that it would be proper for me to call upon the President for Federal troops to protect the rights of our citizens. I believe it would be practicable for a detachment of United States Cavalry to take these Indians into custody and convene them at some definite point until they could be transported by rail to their lands on the reservation. The Tenth Cavalry Regiment under Colonel Augen will be at Douglas, Wyo., during the State fair, September 25 to 28, and could easily round up these Indians, driving them into Orrin Junction, when they could entrain for Utah. It would not be practicable to drive them across the borders of the State into an adjoining State as in that event both the Indians and the settlers would be confronted by conditions similar to those obtaining here. However, the disposition of these Indians, their families, and personal effects is a mattter that can best be determined by the Department. The case appears to be without an exact precedent and I cannot urge upon you too strongly the necessity of some prompt and appropriate action. I enclose some newspaper clippings referring to the situation. Yours truly, The following is an excerpt from Gov. B. B. Brooks' message to the Wyoming State Legislature in 1907: "INDIAN INVASION "During the midsummer months of 1906 a band of renegade Indians from the White River Reservation in the State of Utah made their appearance in the State of Wyoming. Their number was estimated at from two to five hundred, including squaws and children. They were heavily armed, well supplied with ammunition, and had in their possession several hundred head of ponies. During the summer and early fall they traversed the entire width of the State; and while disclaiming any intention of doing wrong or committing acts of trespass, they did, as a matter of fact, slaughter large quantities of antelope and other game in direct and flagrant violation of our game laws; killed some stock belonging to ranchmen on the open range, and begged and foraged from ranches with impunity. The presence of an armed band of Indians in the State caused great uneasiness, and frequent communications were received from different localities requesting that something be done to get rid of them. Being the holders of allotments, made on their reservation in Utah, they claimed all the rights and privileges of citizens of the United States, but seemed absolutely unable to comprehend that that very citizenship carried with it grave responsibilities. The Indian Department earnestly endeavored to induce them to return to their reservation. This they flatly refused to do. A new question, without precedent, in the history of this State or Union, confronted the National and State officials. This large band of armed and mounted Indians, roaming at will, with little regard for property rights, were full-fledged American citizens and the Indian department could not use force to compel them to return to their reservation. As they were not our Indians, it was finally deemed advisable to call upon the President for Federal troops to remove them from the State, a precaution which seemed necessary for the full protection of our people, and the general welfare of the Indians themselves, as a few years ago a similar invasion by a small band of Sioux in the county of Converse resulted in violence and the loss of life. The President took instant action upon my call for Federal troops and the Indians were removed to Fort Meade. "Some legislation is requested to prevent the recurrence of such disturbances. Possibly legislation authorizing the arrest and prosecution of armed bands of this character, as an unlawful assembly, might cover the point, still I would recommend that the legislature, by resolution, memorialize Congress to take some appropriate action governing the civil status of Indians, who, by the mere incident of being allottees, are clothed with a citizenship, which their condition renders impossible to exercise in a responsible manner." Document III The following was copied from volume III, War Department, U. S. A., Annual Report, 1907, page 123: 66 ABSENTEE UTE INDIANS "In October 1906, newspaper reports gave information of the fears of settlers in the State of Wyoming, regarding roving Ute Indians near the town of Gillette. About the 17th of the month the statement was made that the Governor of Wyoming had called on the President for troops. Taking action on this information, the department commander (Note: This was E. S. Godfrey, brigadier general, U. S. Army, commanding the Department of Missouri) sent preliminary telegrams to the commanding officers of Forts Robinson and Meade, ordering the preparation of one squadron of cavalry at each post for field duty, and instituting such preliminary action as would enable these troops to take the field in the shortest possible time if orders should issue. The post commanders were further informed that one or more competent officers, familiar with Indian affairs would be sent to suitable points to interview the Indians, quiet apprehensions of citizens, and have conferences with Indian parties. On October 19, at 7 p. m., telegraphic instructions were received from headquarters, Northern Division, communicating the orders of the President to cause a suitable force of cavalry to proceed to the scene of disturbance to secure the peaceful and lawful return of the Indians to the lands allotted to them at the Uintah Reservation in Utah. A full report of operations ensuing upon these instructions and culminating in the conduct of the Indians to Fort Meade Military Reservation was submitted under date of December 8, 1906, by the commanding general, Northern Division, who was at the same time the department commander. A brief summary is all that seems to be necessary at this time. "Capts. Carter P. Johnson and Robert G. Paxton, Tenth Cavalry, were sent from Fort Robinson to Gillette to learn the exact situation and to report the location of the Indians, their numbers, supplies, means of transport, and any information which might be of value in dealing with the situation. Two troops of the Tenth Cavalry under command of Maj. Charles H. Grierson were ordered to go by rail to the same place as soon as transportation could be assembled. "These orders were given late in the evening of October 19. Owing to a severe blizzard and disarranging of the railroad trains, Captains Johnson and Paxton did not reach Gillette until the night of October 21. Despite the heavy snow and bad weather, they started northward on the morning of October 22 and a 40-mile ride that day brought them to the Indian camp. At the conference on the following morning all the chiefs were present with 116 armed Utes. The remainder of the Indians were packed ready to march. At this council they refused to return to the Uintah Reservation, to send any chiefs to Gillette for further conference, or to remain in camp for another talk. They were going to Cherry Creek on the Sioux Reservation or to the Big Horn Mountains. Captain Johnson reported this conference and the probable movements of the Indians to these headquarters. "Major Grierson's command consisted of Troops A and D, Tenth Cavalry, total of 113 men, with 5 wagons and a pack train. The remainder of his |