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PROHIBITION OF IMPORTATION OF GOODS PRODUCED BY CONVICT, FORCED, OR/AND INDENTURED LABOR

FEBRUARY 11, 1931.—Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

Mr. HAWLEY, from the Committee on Ways and Means, submitted

the following

REPORT

(To accompany H. R. 165171 The Committee on Ways and Means, to whom was referred the bill H. R. 16517) to prohibit the importation of goods produced by convict, forced, or/and indentured labor, having had the same under consideration, report it back to the House with an amendment, and, as amended, recommend that the bill do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

That all goods, wares, articles, and merchandise mined, produced, manufactured, transported, handled, loaded, or unloaded, wholly or in part, in any foreign country by convict labor, or/and forced labor, or/and indentured labor under penal sanctions, shall not be entitled to entry at any of the ports of the United States, and the importation thereof is hereby prohibited, and the Secretary of

the Treasury is authorized and directed to prescribe such regulations as may be necessary for the enforcement of this provision. The provisions of this act relating to goods, wares, articles, and merchandise mined, produced, manufactured, transported, handled, loaded, or unloaded by forced labor or/and indentured labor, shall take effect on April 1, 1931, and shall remain in full force and effect until Congress provides otherwise, but shall not be applicable to goods, wares, articles, or merchandise so mined, produced, manufactured, transported, handled, loaded, or unloaded which are not mined, produced, or manufactured in such quantities in the United States as to meet the consumptive demands of the United States.

“Forced labor," as herein used, shall mean all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily.

In any proceeding under or involving the application of any provision of this act reports and depositions of officers or agents of the United States shall be admissible in evidence.

Our national policy includes in the privileges of a citizen the right freely to select his own vocation, to determine when and where he will engage in it, and to agree upon the compensation he is to receive for his labor. The bill under consideration, H. R. 16517, as amended, is the present law, but in which certain amendments have been made to more effectively accomplish the purposes intended. The basic

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principle of the legislation is that the free labor of America shall not be subjected to the burden of competition with nonfree labor abroad.

To effect this purpose, goods, wares, merchandise, and articles are denied entrance as imports into our country when mined, produced, manufactured, transported, handled, loaded or unloaded, wholly or in part by convict, forced, or indentured labor under penal sanctions, since labor is the element of chief value in goods, wares, merchandise, and articles, except that in cases where our own production does not provide for our domestic requirements, products of forced or indentured labor abroad may be imported to supply the deficiency. This is existing law except that the words "transported, handled, loaded or unloaded” are added, to meet difficulties the Treasury has experienced in carrying out the intent of the law.

The effective date of the law relating to the importation of products of forced or indentured labor is changed from January 1, 1932, to April 1, 1931.

The most serious difficulty experienced in the enforcement of the law is the inability to secure evidence concerning the use of convict, forced, or indentured labor. In certain instances our Government is denied opportunity to make such investigations as are necessary. To aid the Treasury the following language is added:

In any proceeding under or involving the application of any provision of this act reports and depositions of officers or agents of the United States shall be admissible in evidence.

These three additions to the existing law are proposed to aid in the administration of the law.

CHANGES IN EXISTING LAW

This proposed legislation has the effect of superseding section 307 of the tariff act of 1930. For the convenience of the House, a comparison of H. R. 16517, as amended, with section 307 of the tariff act of 1930 is shown below, as follows:

[Existing law roman type; inatter omitted in brackets; and new matter in italic type] [AU] That all goods, wares, articles, and merchandise mined, [produced or manufactured) produced, manufactured, transported, handled, loaded, or unloaded, wholly or in (part] part, in any foreign country by convict [labor] labor, or/and forced [labor] labor, or/and indentured labor under penal [sanctions] sanctions, shall not be entitled to entry at any of the ports of the United States, and the importation thereof is hereby prohibited, and the Secretary of the Treasury is authorized and directed to prescribe such regulations as may be necessary for the enforcement of this provision. The provisions of this [section] Act relating to goods, wares, articles, and merchandise mined, produced, [or manufactured] manufactured, transported, handled, loaded, or unloaded by forced labor or/and indentured labor, shall take effect on [January 1, 1932;] April 1, 1931, and shall remain in full force and effect until Congress provides otherwise, but [in no case] shall (such provisions] not be applicable to goods, wares, articles, or merchandise so mined, produced, [or manufactured) manufactured, transported, handled, loaded, or unloaded which are not mined, produced, or manufactured in such quantities in the United States as to meet the consumptive demands of the United States.

“Forced labor," as herein used, shall mean all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily:

In any proceeding under or involving the application of any provision of this act reports and depositions of officers or agents of the United States shall be admissible in evidence.

TRIBAL FUNDS TO PURCHASE CERTAIN PRIVATELY OWNED

LANDS IN FORT APACHE INDIAN RESERVATION, ARIZ.

FEBRUARY 11, 1931.-Referred to the House Calendar and ordered to be printed

Mr. HOWARD, from the Committee on Indian Affairs, submitted the

following

REPORT

[To accompany H. R. 13133]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 13133) to authorize an appropriation of tribal funds to purchase certain privately owned lands within the Fort Apache Indian Reservation, Ariz., having considered the same, report thereon with a recommendation that it do pass without amendment.

This bill would authorize the purchase of the lands described, with money from the tribal funds, for addition to the permanent grazing lands of the Indians of the Fort Apache Indian Reservation. The Indians have used the lands in question for this purpose annually, and it is their desire to secure title to them. A formal proposal has been made to the Department of the Interior by the Aztec Land & Cattle Co. to sell this land to the Government for the use of the Indians, and the necessary authority to complete the purchase must be given by Congress.

The bill has been introduced at the request of the Secretary of the Interior, and his letter of transmitt... is appended hereto and made a part of this report.

DEPARTMENT OF THE INTERIOR,

Washington, June 23, 1930. Hon. Scott LEAVITT, Chairman Committee on Indian Affairs,

House of Representatives. MY DEAR MR. LEAVITT: The Aztec Land & Cattle Co. is the owner of 629.56 acres of land within the Fort Apache Indian Reservation. This land is located in sections 7 and 19, township 10 north, range 19 east, of the Gila and Salt River meridian, Arizona, and can be purchased, exclusive of minerals, for $1,258.11.

The Indians of this reservation utilize these lands annually for stock-raising purposes, and they are desirous of acquiring them as a permanent addition to their grazing reserve, payment therefor to be made with tribal funds on deposit in the United States Treasury to their credit. Although the minerals can not be purchased, this fact is not regarded as detrimental to the interest of the Indians, as they are especially concerned about the surface rights. This department has accepted from the Aztec Land & Cattle Co. formal proposal to sell this land to the Government for the Indians, subject to the granting, by Congress of the necessary authority to make the purchase. As the consideration is to consist of tribal funds, title should be taken by the United States in trust for the said Indians.

Recently 3,065.95 acres withi the Fort Apache Reservation were purchased from the Aztec Land & Cattle Co. under authority contained in the act of May 29, 1928 (45 Stat. 962). This purchase was also made with tribal funds, and at the same rate of $2 per acre.

This department recommends the enactment of legislation such as is contemplated by the attached draft of a bill. Very truly yours,

RAY LYMAN WILBUR. O

EXTEND RESTRICTIVE PERIOD FOR MEMBERS OF THE

FIVE CIVILIZED TRIBES

FEBRUARY 11, 1931.-Referred to the House Calendar and ordered to be printed

Mr. LEAVITT, from the Committee on Indian Affairs, submitted the

following

REPORT

[To accompany H. R. 15603)

The Committee on Indian Affairs, to whom was referred the bill (H. R. 15603) to extend the restrictive period against alienation, lease, mortgage, or other encumbrance of any interest of restricted heirs of members of the Five Civilized Tribes, and for other purposes, having considered the same, report thereon with a recommendation that it do pass with the following amendments:

Strike out all after the enacting clause and insert in lieu thereof the following:

That all funds and other securities now held by or which may hereafter come under the supervision of the Secretary of the Interior belonging to restricted members of the Five Civilized Tribes of Indians of one half or more Indian blood, including heirs born since March 4, 1906, shall remain subject to the jurisdiction of said Secretary until April 26, 1956, subject to expenditure in the meantime for the use and benefit of the individual Indians to whom such funds and securities belong, under such rules and regulations as the said Secretary may prescribe: Provided, That restricted and tax-exempt lands belonging to members of the Five Civilized Tribes, acquired by inheritance or otherwise after April 26, 1931, by persons of one-half or more Indian blood, including heirs born since March 4, 1906, shall remain restricted and tax exempt until April 26, 1956, unless the restrictions are removed in the meantime in the manner prescribed by existing law.

SEC. 2. That the attorneys provided for under the act of May 27, 1908 (35 Stat. 312), shall have the right to appear and represent any restricted member of the Five Civilized Tribes before the county courts of any county in the State of Oklahoma, or before any appellate court thereof, in any matter in which said restricted Indians may have

an interest and no conveyance of any interest in land of any full-blood Indian heir shall be valid unless approved in open court after notice in accordance with the rules of procedure in probate matters adopted by the Supreme Court of Oklahoma and said probate attorneys shall have the right to appeal from the decision of any county court approving the sale of any interest in land to the district court of the district of which the county is a part.

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