in the several States or Territorial archives showing service of the applicant, or where the same has been destroyed by fire or otherwise lost, or where there are muster rolls or pay rolls on file in the several State or Territorial archives, but the applicant's name does not appear thereon, the applicant may make proof of service by furnishing evidence satisfactory to the Administrator of Veterans' Affairs: Provided, That the want of a certificate of discharge shall not deprive any applicant of the benefits of sections 381 to 381d of this title." It will be noted that the provisions of section 3 of the bill are more liberal than those of section 3 of the act of March 3, 1927. Establishment of title to pension by the affidavits of two witnesses who served with the claimant or had personal knowledge of his service would appear to be subject to the objection that it does not properly safeguard the interests of the Government. Section 4 provides that "This act shall not reduce any pension heretofore granted under any act, public or private." It is noted that the bill makes no provision for widows and children of deceased former members of the Spring Creek Company. There are no records on which the Veterans' Administration might base an estimate of the cost of H. R. 8030. For the reasons heretofore set forth, the Veterans' Administration is unable to recommend the bill to the favorable consideration of your committee. Advice has been received from the Bureau of the Budget that there would be no objection by that office to the presentation of this report to your committee. MY DEAR MR. CHAIRMAN: I have your letter of February 3, 1940, enclosing a copy of H. R. 8030 (76th Cong., 3d sess.), entitled, "A bill granting pensions to certain former members of the organization known as the Spring Creek Company of South Dakota Volunteers," and requesting advice whether the State of South Dakota was reimbursed, by the United States for the services rendered by the members of that organization. I shall be pleased to have the records examined with a view to furnishing the information you desire and to advise you the result thereof at a later date. Sincerely yours, R. N. ELLIOTT, Acting Comptroller General of the United States. Hon. JOHN LESINSKI, COMPTROLLER GENERAL OF THE UNITED STATES, Chairman, Committee on Invalid Pensions, House of Representatives. MY DEAR MR. CHAIRMAN: With further reference to your letter of February 3, 1940, requesting to be informed whether the State of South Dakota was reimbursed by the United States for services rendered by members of the organization known as the Spring Creek Company of South Dakota Volunteers, during the years 1890 and 1891, I have to advise that there are no pay rolls covering payments to such an organization on file in this office. There was found no record of payments to such organization by the State of South Dakota, nor reimbursement therefor by the United States. Sincerely yours, STATE OF SOUTH DAKOTA, THE ADJUTANT GENERAL'S OFFICE, Rapid City, S. Dak., February 13, 1940. Hon. JOHN LESINSKI, House of Representatives. Washington, D. C. DEAR SIR: In reply to your letter regarding House Resolution No. 8030 entitled "A bill granting pensions to certain former members of the organization known as the Spring Creek Company of South Dakota Volunteers", the records of this office are not complete regarding the organization of certain volunteer units which were formed in the vicinity of Spring Creek during the years 1890-91, but from the records available, and from what I know, there were two troops of volunteer cavalry organized in the vicinity during the winter of 1890-91. These organizations were organized under the direction of Governor Mellette, then Governor of the State of South Dakota. The Governor directed the organization of these units under one Col. M. H. Day, who was a member of the Governor's staff. They were issued arms and equipment secured from the Federal Government and one troop was organized and quartered at McCloud's ranch. The other was organized in the vicinity of Buffalo Gap, a few miles south of Spring Creek. These troops were held together and did patrol work and protected the ranchers during that winter. The Indians at that time were on an uprising in the Pine Ridge and as Federal troops were not available to guard the settlers, it was necessary that these troops be organized. I cannot tell you the exact dates that these organizations served, but from the dates on the enclosed copy of muster roll, it appears that the first men were enlisted on December 1, 1890. Capt. Paul McClelland commanded one of the troops and the other troop was commanded by Eugene Aken who was evidently a captain and was assisted by Lt. Frayley Sprague. One troop was located at the Stantin ranch and the other at the McCloud ranch and evidently served throughout the winter or during the time of the Indian trouble without compensation either from the State or Federal Government. I can personally remember of one Joe McCloud, owner of McCloud's ranch, appearing before the legislature at Pierre, S. Dak., endeavoring to have a bill passed to reimburse him for the subsistence and forage furnished the troop stationed at his ranch. The records in this office and in the historical department of the State are very meager and most of the information that we have have been able to get has been from former members of these organizations, but today very few of them are alive. It is my opinion that these men gave the necessary aid required at a time of emergency when Federal troops were not available. I am enclosing a copy of the muster roll of one of these troops but this is the only one we have among the records of this office. There is a possibility that the muster rolls or the photostats of the same may be in the files of the former Senator Peter Norbeck. Congressman Case undoubtedly has some information regarding these organizations. If we can be of any further assistance in securing information that will be of value to you and your committee, we would be very pleased to assist you. Yours very truly, HABESH, S. DAK., Pennington County. EDWARD A. BECKWITH, We the undersigned do hereby acknowledge to have enlisted on the dates set opposite our respective names on the service of the State of South Dakota, for the period of sixty unless sooner discharged by proper authority, and do also agree to accept from the State such bounty, pay, rations, or clothing as may be provided. And we the undersigned do so swear that we will bear any allegiance to the State of South Dakota, serving it honestly and faithfully against its opposers and enemies during the period agreed upon that we will obey the orders of the Governor of the State of South Dakota and the orders of the officers appointed over us during our period of service. Are true and correct copies of the 12 original letters from the persons whose names are thereto signed which said originals are now in the possession of affiant. Subscribed and sworn to before me this 10th day of February 1893. A. W. BANGS, Notary Public, South Dakota. M. H. DAY. APRIL 1, 1928. I certify that the above is a true copy of photostatic copy of original. W. A. HAZLE, The Adjutant General, South Dakota. Hon. JOHN LESINSKI, WAR DEPARTMENT, THE ADJUTANT GENERAL'S OFFICE, Washington, January 24, 1940. Chairman, Committee on Invalid Pensions, House of Representatives. MY DEAR MR. LESINSKI: Receipt is acknowledged of your letter of January 19, 1940, requesting a report on the bill H. R. 8030, granting pensions to certain former members of the organization known as the Spring Creek Company of South Dakota Volunteers. A report on this bill will be forwarded to you with as little delay as practicable. Very respecfully, Hon. JOHN LESINSKI, E. S. ADAMS, Major General, WAR DEPARTMENT, Washington, February 2, 1940. Chairman, Committee on Invalid Pensions, House of Representatives. DEAR MR. LESINSKI: Further reference is made to your letter of January 19, 1940, requesting a report on H. R. 8030, Seventy-sixth Congress, third session, a bill granting pensions to certain former members of the organization known as the Spring Creek Company of South Dakota Volunteers. You are advised that no record has been found in the War Department of an organization known as the Spring Creek Company of South Dakota Volunteers having been in the Federal service of the United States during the years 1890 and 1891, or at any other time. It is suggested that if the organization was a State organization not mustered into the service of the United States and the State reimbursed for the service of the organization, information relative to such service may be obtained from the General Accounting Office, Washington, D. C. If, however, the State was not reimbursed by the Federal Government for the service of the organization, then it is suggested that information relative to the organization may be obtained from the Adjutant General of South Dakota, Aberdeen, S. Dak. The War Department would not be involved by the provisions of the bill which, if enacted into law, would be administered by the Veterans' Administration, and it is believed that it is the agency having primary interest in the proposed legislation and the one which should report on the bill. In view of the foregoing and of this Department's policy of refraining from expressing any views with respect to measures administered by other agencies, the War Department has no views that it desires to communicate with reference to the bill H. R. 8030. Sincerely yours, HARRY H. WOODRING, The CHAIRMAN. General Hines, as in the case of the previous bill, I realize you have had no opportunity to make a study of the provisions of this bill, but if you desire to make any statement at this time in regard to H. R. 8030 we will be pleased to hear from you. STATEMENT OF BRIG. GEN. FRANK T. HINES, ADMINISTRATOR OF VETERANS' AFFAIRS General HINES. The only statement I can make is one along the lines of the one I made on the preceding bill. I prefer to study the effect of it. It comes in the same category and the same principles are involved that Congressman Schafer has just referred to. The CHAIRMAN. The clerk informs me that Mr. Case is on the way here to testify regarding this bill. So we might proceed if anyone has any questions. Are there any questions regarding this particular bill? As soon as Mr. Case comes down here I want him to testify in regard to H. R. 8030. General, Mr. Case is present now, the gentleman who sponsored H. R. 8030. STATEMENT OF HON. FRANCIS H. CASE, MEMBER OF CONGRESS, SECOND DISTRICT, SOUTH DAKOTA Mr. CASE. Mr. Chairman and members of the committee, H. R. 8030 is a bill to grant pensions to certain former members of the organization known as the Spring Creek Company of South Dakota Volunteers. This bill was introduced because the Veterans' Administration was a little bit afraid that existing law did not cover this situation. In 1890 there was what was known as the Messiah craze, which resulted in a disturbance among the Sioux Indians in western South Dakota, and the settlers in the communities adjacent to the Black Hills were alarmed and called for protection. Many Indians and soldiers were killed before conditions quieted. Governor Mellette sent a telegram to Colonel Day at Rapid City, sending him rifles and telegraphic authority to organize a company to proceed to the mouth of Spring Creek and Buffalo Creek on the Cheyenne River and stave off any possible attack on settlers. For some reason, which no one knows, no official muster roll was filed of the volunteers who served through most of the winter there. That was just shortly after South Dakota was made a State from the Dakota Territory. There was no railroad running from the State capital of this territory, and the communication was slow, either by stage or by telegraph. Mr. SCHAFER. Did you have a State militia at that time, Mr. Case? Mr. CASE. I cannot say whether we had a State militia at that time or not, but at least we had no regular organized militia in the vicinity involved other than these volunteers organized by the Governor in the emergency. We have assembled a good deal of evidence on it, and I have discussed it with officials in the Veterans' Administration, and I think they are pretty well convinced from the standpoint of service and merit that there is more actual service here than in many other cases that have been recognized by law, but the absence of any official pay roll made it difficult to satisfy usual requirements as to evidence of service. We have assembled, and I have here with me some photostatic copies of newspapers published at that time. Here is a photostatic copy of the Rapid City Journal quoting a telegram from Pierre, S. Dak., November 26, 1890, to Col. V. R. McGillcuddy, Rapid City, S. Dak. You receive for Hills Department 150 guns and 5,000 cartridges. Place them in towns where most needed and organize in your best judgment. I hold you personally for property and you must make yourself safe. Hermosa, Hat Creek, Buffalo Gap, Hot Springs, and Minnesela have wired. Put the case at each place in hands of responsible men. A. C. MELLETTE. MELLETTE WAS THE GOVERNOR Then, I have another photostatic copy from the Rapid City Journal of December 7, 1890, in which the following occurs: Yesterday about 4 o'clock M. H. Day received the following telegram: "Pierre, December 6, 3: 40 p. m. "M. H. Day, Rapid City: "You are hereby appointed my aide-de-camp to dispose of all ordnance and manage Hills campaign. Present to Mayor Woods. "A. C. MELLETTE.” Then, the following is also a photostat of an article that appeared in the Rapid City Daily Journal of December 9, 1890: M. H. Day last Sunday received a telegram from Governor Mellette, appointing him Lieutenant Colonel of Dakota Militia and giving him instructions to take charge of the conduct of the campaign in the Black Hills. In pursuance of the instructions received Mr. Day loaded a large number of rifles, a lot of ammunition into a wagon and with Charlie Allen set out for the mouth of Rapid Creek. All the settlers who have not arms will be provided and arrangements made whereby the country between Rapid and Box Elder Creeks will be patroled. It will not be healthy for a roving band of Indians to attempt to run off stock from Rapid Valley, as the settlers on this stream are all old |