adopt a uniform system of taxing noncitizens residing and doing business in the limits of their nations.

There should be established a workhouse or reformatory, to be located at some suitable place in the Indian Territory, to be used as a place of confinement for a certain class of criminals where they could be given the rudiments of an education.

Roads are in a deplorable condition in the Indian Territory, and I find that no provision has been made for the establishment of roads under the present system of alloting lands. Many complaints were received at this agency during the year that roads were being fenced or turned, causing great annoyance and inconvenience to the traveling public. There seems to be no law providing for the establishment of highways or public roads, and I recommend that the commission to the Five Civilized Tribes be authorized to withhold from allotment 20 feet on each side of the center of the section line to be used as a highway, and, furthermore, that allottees be required to throw open all roads running through their selections on the section line where practicable.

In concluding this report, permit me to say that I have endeavored to manage the affairs of this agency in a way that would be satisfactory to my superiors, and beneficial to the great number of Indians under my charge.

I also desire to add that I am indebted to the employees of this agency for faithful service and earnest support in my efforts in behalf of these Indians; and especially am I indebted to Hon. J. George Wright, United States Indian inspector for the Indian Territory, for valuable aid and assistance.

With assurances of my appreciation for favors shown by your office during the year, I have the honor to be,

Very respectfully, your obedient servant,

J. BLAIR SHOENFELT, United States Indian Agent.

The COMMISSIONER OF INDIAN AFFAIRS.

REPORT OF CAPTAIN OF POLICE IN INDIAN TERRITORY.

SOUTH MCALESTER, IND. T., August 5, 1900.

SIR: Having been captain of the United States Indian police for the Indian Territory for a number of years, and prior to that time having served as a private policeman for some seven or eight years, I believe myself to be thoroughly familiar with the duties and work required of policemen. In my capacity as an Indian policeman, I have of necessity traveled over a great portion of the Indian Territory.

In my judgment, the salaries paid the Indian policemen in the Indian Territory are not com mensurate with the duties imposed upon them, and I recommend that the force be reduced to the following number, and that they be stationed as follows: 1 captain of police, 2 privates in the Chickasaw Nation, 2 privates in the Choctaw Nation, 2 privates in the Cherokee Nation, 2 privates in the Creek Nation, 1 private in the Seminole Nation.

I would further recommend that the captain be allowed a salary of $75 per month and expenses, and that the privates be allowed $50 per month and expenses.

By reducing the number of policemen at this agency, and increasing the salary as suggested, the total expenses incident to the police service would not be materially increased, and the increase of salaries would enable the policemen to devote their entire time and attention to their work.

The Indian police of the Indian Territory, in my opinion, have done much for civilization, and have aided materially in the protection of life and property. Owing to the peculiar conditions existing they have, to a large extent, been deprived of much of the credit of this work. An explanation offered, it is thought, will show why this is so. An Indian policeman will often arrest or capture whisky from a whisky peddler. After the arrest he turns the prisoner over to a deputy United States marshal, and the marshal's office naturally gets the credit for the work that is done. Recently Private Policeman C. W. Plummer reported that he had arrested and delivered to the United States marshals in the past twelve months many criminals, including eighteen or twenty whisky peddlers. These men, as a rule, are dangerous and desperate characters, and any attempt made to arrest them often results fatally.

It may not be improper to add that since I have been a member of the police force I have spilled as high as 100 gallons of whisky in one day. Policeman Ward, of Coalgate. Ind. T., reports that he has spilled several gallons of alcohol in the last thirty days, as well as large quantities of bitters labeled by different names and used by drug companies in lieu of whisky pure. Policeman Sage recently arrested three desperate characters who had robbed the Kansas City, Pittsburg and Gulf Railroad, who have since been tried and convicted for the crime. Policemen receive no extra compensation whatever for work of this character.

The game in the Indian Territory is being slaughtered by hunters, trappers, etc., and I have been informed by the business men of the southern part of the Indian Territory that the shipment of quail from that section of the country is enormous. Last January I confiscated and released 114 dozen live quails at Purcell, Ind. T., and at other times have confiscated and released other birds that have been captured and were ready for shipment. These quails were crated and billed to New Zealand. During the winter we captured several hunters and trappers; confiscated their traps, dogs, guns, pelts, etc. I receive numerous complaints from all sections of the Territory against hunters and trappers, but am powerless to render aid or direct the Indian policemen to cover the country, for the reason that their salary is so small that it will not enable them to incur the expense incident to the journey.

As you are aware, the Indian police, acting under your orders, have frequently to remove from the Indian Territory intruders and persons who have violated the tribal laws. This is often an arduous as well as an unpleasant task, and for which no extra compensation is received. For this reason, an Indian policeman will often take up other work in order to increase his earnings, his salary of $10 per month not being sufficient to support himself and family.

I have been informally advised that at other Indian Agencies in the United States the police are allowed the same compensation that we are, but that in addition they receive rations, etc., and again, some of them draw annuities as well as their salaries. The work of Indian policemen at this agency is not at all like that required of Indian policemen of a reservation where blanket Indians reside.

I appreciate the many kindnesses shown me by yourself and the United States Indian inspector. I await your further commands.

Very respectfully, your obedient servant,

J. W. ELLIS, Captain United States Indian Police for Indian Territory.

J. BLAIR SHOENFELT,

United States Indian Agent.

REFORT CONCERNING INDIANS IN IOWA.

REPORT OF AGENT FOR SAC AND FOX AGENCY.

SAC AND FOX AGENCY, Toledo, Iowa, August 15, 1900.

SIR: In compliance with the requirements of section 203 of the Regulations of the Indian Office I have the honor herewith to transmit my annual report for the fiscal year ending June 30, 1900.

Having given in my last annual report a detailed account of the lands owned and occupied by these Indians, I do not deem it advisable on my part nor desirable by the Department that I should reiterate much of that which has already been said respecting the home of these people.

Very brieffy I will state that their holdings in Tama County, lowa. comprise some 3.000 acres of land, which consists principally of river and creek bottom land and the timbered bluffs adjacent thereto. Some of this bottom land is of the finest quality of farm lands, while quite a large per cent is low, with considerable timber scattered over it, and is subject to overflow, hence is valuable only for grazing purposes. These lands all lie in one irregular body, except two farms, one consisting of 520 acres and the other of 187 acres, which are detached from the main body, but not remote from it. These two farms are leased to white men and the rental derived therefrom is used as a tribal fund, from which is paid the taxes on their land and other expenses incurred in keeping up the improvements and repairs on farms, etc.

These lands have been purchased by their several agents, with the consent of the Indians and by their direction, and are deeded to the governor of Iowa or, in a few instances, to the agent in trust for the Indians. The various dates of purchase range from 1856 to 1899, the years respectively in which the first and last purchase were made.

The Iowa River runs through these lands from west to east, leaving much the larger portion on the north side of the River. The Chicago and Northwestern Railroad and the Chicago, Milwaukee and St. Paul Railroad also intersect said lands, running almost the entire length of the reservation from west to east.

Some 800 acres of this land is cultivated by the Indians in areas ranging from 1 to 50 acres each, and each individual farmer enjoys the full benefit arising from his or her labor. While these small plats of ground which the individual claims as his or her own farm are in no sense allotments and in fact are not owned by the individual farmer, yet their right to occupy and hold the same is recognized and respected by all others so long as it is occupied and used by them.

Corn, wheat, and oats are their principal crops, but large quantities of potatoes, pumpkins, sweet corn, beans, and other vegetables are raised by them, the pumpkins and sweet corn being dried for winter use.

That portion of these Indians who regularly draw their annuities and who are progressive in their tendencies, who favor education and better dwellings and environments generally, are doing better work on their farms than ever before, and if no unfavorable conditions overtake them will show better results this season than heretofore have attended their labors. They are obtaining better horses, better farm tools, and are giving more and better attention to their stock. particularly to hog raising, than ever before, as the census of the present year fully attests.

Those who are opposed to civilized modes of living and are hostile to the agency

school and wish to live as their progenitors have all through the ages are practically doing no work. They refuse to accept their annuities and are largely buying their supplies on time, and some of them have contracted debts which they are unable to pay.

Viewed from a purely business standpoint these Indians are not up to date in business methods, as they appear to have no adequate idea or conception as to method or how to make the most of their limited resources in their business transactions or how to make the credit and debit pages of the ledger balance.

The recognition of Pushetonekequa as head chief of the Sac and Fox Indians in Iowa by act of Congress and directing that he receive an annual payment during the rest of his natural life of $500 was a wise move and definitely settles the controversy as to who is the de facto chief. This has been one of the bones of contention among them and has been the cause of much strife and ill feeling. The progressive element among these Indians adhere loyally to the standard of Pushetonekequa, who is one of the most progressive among them, while the "kickers,” as they are called by the Indians, adhere to the claims of Mucquepusheto for the chieftainship, who is the very antipodes of the former in his ideas and characteristics. Already good results seem to be assured by this timely and righteous act, as I am informed that some of the more conservative of the opposition are weakening in their adhesion to the claims of the latter claimant and will probably forsake his standard within the next few months.

The agency school. At the beginning of the school year, September 1, 1899, we were able to open the school with an enrollment of 33 pupils, which, during the few months immediately following, was increased to 50, and we had good prospects of a further increase to 65, or perhaps more, which I believe would have been realized but for the mischievous work of outside intermedlers.

Instigated by certain parties living in Toledo and Montour, Iowa, suit was instituted for the release of a certain Indian girl who was enrolled as a pupil at the school on the 1st of September, 1899, but who was alleged to have been married at a subsequent date while thus enrolled and in attendance at the school, and on the 29th of December. 1839, a decision was obtained in the United States district court at Cedar Rapids, Iowa, to the effect that these children could not be retained in the school without the consent of their parents or guardians. Upon the promulgation of this edict, influence was brought to bear upon several of those who had children in the school, and by this means all but 23 left the school within a very few days after the said decision was made known, some of whom were carried away by main force while protesting vigorously that they wanted to remain in the school. This number was continued until the close of the school term, but runaways were frequent, and the school was not so successful as it otherwise would have been, although the children remaining in the school made very satisfactory progress.

I am still of the opinion that the highest state of efficiency will not be attained in this school until authority is conferred and orders issued to place these children in school and keep them there, and notice is served upon these mischief makers, who are outside parties to keep hands off and cease their meddling in matters in which they have no legitimate interest.

Instigated by these same parties, who are the real fountain head from which flows the stream of discord among the Indians, suit has been brought against myself and superintendent of the school, Mr. George W. Nellis, for alleged damages resulting to the complainant, James Peters (Indian), in consequence of his arrest for violation of law; and the case is set for the September term of the United States district court, which convenes in Cedar Rapids, Iowa.

Liquor selling to the Indians has been reduced to the extent that only an occasional breach of the law is observed. Disreputable persons, both white and Indians, clandestinely smuggle small quantities of liquor into camp, and a limited amount of drunkenness results therefrom, but these infractions of law are not of frequent occurrence.

The only case which has resulted seriously from this illicit vending of ardent spirits to the Indians within the last year occurred on February 5, 1900, when Niah she, an Indian, aged 53. procured whisky in Montour. Iowa, and became so intoxicated that he failed to reach his home in camp and was found frozen to death the next morning. I ferreted out the individual from whom he procured the liquor and had him arrested, and he was indicted by the Federal grand jury at Cedar Rapids and will answer for his crime before the United States district court in September, 1900.

Notwithstanding the unfavorable conditions by which we have been surrounded and the obstacles met in our work during the past year, our efforts have not i een abortive nor lacking in good results. The chief, and several others whose children have been in the school during the past year, seem to note with deep interest

the progress they have made, which has had its effects in stimulating them to provide better homes and surroundings for them. New buggies have been purchased for the accommodation of the women and children, while new plows, disks, seeders, corn planters, and mowers, the property of individual Indians have gone to their farms and attest their appreciation of improved farm machinery.

A very fair crop of small grain, wheat and oats, has been harvested in good condition, and stacking and threshing are now (August 8) in progress.

I can not refrain from speaking of one feature in their farm economy, hitherto unknown in their general farm work, which is a great improvement upon the practices heretofore in vogue among them, viz: they are hauling and stacking their grain at their respective homes, so as to utilize the straw for feeding purposes. which fact almost marks an epoch in their farm economics.

Their prospects for a large crop of corn were never better than at present, and a largely increased acreage of millet promises good returns as a forage crop.

The official residence of this agency is at Toledo, Iowa, a city of 2,000 inhabitants, and is the county seat of Tama County, lowa. It is connected with Tama by the Toledo and Tama Electric Railroad; also by the Toledo and Northwestern Railroad, which connects with the main line at Tama 24 miles south. It also has telegraphic and telephonic communication with all the outside world.

A careful census of the Indians enrolled at this agency on June 30, 1900, shows the following result:

Total number enrolled (males, 200; females, 185)

Males above 18 years.

Females above 18 years

Children from 6 to 18

Children under 6

385

96

109

128

52

385

There are several of these Indians between the ages of 14 and 18 years who are married, and hence are not available for school purposes.

The live stock belonging to the Indians at this agency consists as follows, viz: Horses and ponies

Cattle
Hogs
Poultry

350

11

100

850

These Indians are fairly well supplied with agricultural implements, and each successive year sees the supply improving both in number and quality. Two new mowers, two new cornplanters, and several new wagons and buggies and spring wagons, with numerous other implements, have been added to the stock on hand at last report during the fiscal year just closed.

While the improvement in their modes of living is not very noticeable from year to year, when we take a period of ten years or more and make a comparison with the period of like duration just past, the advance made is very marked. While the wickiup" is still in favor with a great majority of them as a winter residence, and the large, airy, summerhouse for the warmer weather is still in vogue, yet several of them live in permanent residences and have abandoned the summer village altogether. Some of these permanent dwellings have carpeted floors and sewing machines as part of their furnishings, and all have cook stoves and many other of the appliances of civilization.

The agency buildings, consisting of dwelling house, with council room attached, barn, chicken house, and coal house, are in good repair, and are ample for all present requirements.

Road making has had more than usual attention, and some very effective work has been done within the past year. A permanent bridge across a small creek is part of this road improvement, and will be completed within the following month. 1 am satisfied that the inclination and trend of thought among the loyal Indians at this agency is toward a higher civilization and better conditions than those which have heretofore surrounded them, and that the next decade will witness a great advance all along these lines, while the other faction are at a standstill and wish nothing better.

In the administration of the affairs of this office during the past year, I wish to express my thanks to the Department for uniformly kind and courteous treatment, and to the very efficient superintendent of the Indian school at this agency, Mr. George W. Nellis, for assistance rendered in the multitudinous duties of this office. Very respectfully,

The COMMISSIONER OF INDIAN AFFAIRS.

WM. G. MALIN, United States Indian Agent.

REPORT OF SUPERINTENDENT OF SAC AND FOX SCHOOL.

SAC AND FOX AGENCY,

Toledo, Iowa, August 15, 1900. MADAM: I have the honor to submit the annual report of the boarding school connected with this agency for the fiscal year ended June 30, 1900.

The enrollment and average attendance by quarters were as follows:

First quarter, enrollment, 41; average attendance, 39.8; second quarter, enrollment, 48; average attendance, 44.7; third quarter, enrollment, 49: average attendance, 31.6; fourth quarter, enrollment, 29; average attendance, 20.4. Total enrollment for the year, 49; average attendance, 33.4.

School opened on the first day of September with 33 pupils in attendance, which number was increased to 41 by the end of the month. At the close of November 48 pupils had been secured and everything indicated that we would be able to fill the school to its capacity.

At this point, however, trouble began. It will be remembered that during the preceding year, on application of Agent Rebok, the district (State) court appointed the present agent, Mr. Malin, guardian of a number of Indian children-orphans and others who were neglected by their parents-requiring him to give bonds the same as guardians for white children, and ordering him to have such children placed in the school provided by the Government for their benefit. Accordingly as many of these children as could be found were brought into the school. During the latter part of October of the present year one of these children, a girl 16 years of age, ran away from the school, and, although we searched diligently day and night, it was two weeks before we succeeded in finding her. Her relatives strenuously protested against her return to the school, claiming that since leaving the school she had married, and that because of such marriage she could not legally be compelled to go back. The agent, believing that no marriage even in the Indian way had occurred; that it was merely a ruse to keep the girl out of school; and that even if it had occurred it would not be binding for the reason that the man to whom she was alleged to have been married had a wife living from whom he had not legally been separated, and that by virtue of his letters of guardianship he was entitled to the possession and control of the girl, caused her to be returned to the school.

A few days thereafter the alleged husband of the girl, at the instigation of a couple of white men, instituted in the United States court for the northern district of Iowa habeas corpus proceedings for the release of the girl from the school, the agent and myself being made defendants. The grounds upon which the application was based were (1) that there is no law by which attendance of Indian children at the Indian school at Toledo, Iowa, can be made compulsory, said school not being located on a reservation; (2) that the letters of guardianship issued to Mr. Malin were illegal, because the State court issuing the same was without jurisdiction in the matter; (3) that even if said letters of guardianship were held to be legal, the girl was released from said guardianship by reason of her marriage, said marriage having been contracted in accordance with the customs of the tribe. The case was heard by Judge O. P. Shiras, at Dubuque, December 8, 1899, United States District Attorney H. G. McMillan, and his assistant, Major Cram, appearing in our behalf. In his decision, rendered in January, Judge Shiras held for the Indian practically on all points.

The effect of this decision is indicated by the attendance reports, which show a falling off from an enrollment of 48 and an average attendance of 44.7 in the second quarter to an enrollment of 29 and an average attendance of 20.4 in the fourth quarter. The injurious effect did not end with the decrease in attendance, for our inability to maintain attendance carried with it inabil ity to enforce necessary discipline. When a pupil was assigned a task he did not wish to perform, or anything was required of him that did not suit his royal pleasure, he promptly hied himself homeward, and when he was sent for, his relief from the offensive task or requirement was demanded as the condition of his return. Under these circumstances it is not to be wondered at that runaways were frequent, and that at times we failed to return them. During the first two quarters, when it was understood by the Indians as well as ourselves, that we had absolute authority to return runaways and maintain discipline, very few runaways occurred, and everything ran along smoothly, and much creditable work was accomplished both in the classroom and in the industrial departments. During the latter part of the year, however, the efficiency of the service had to be sacrificed in a large measure in order to hold the school together at all.

I do not think this school can be made a success under present conditions. These people are not far enough advanced in civilization and do not sufficiently appreciate the advantages of education for their children to support the school voluntarily to the extent that will justify the expenditure of the amount of money absolutely required for its operation, and it seems to me that one of two things should be done, namely, first, and preferably, make the attendance of the children of this tribe at this school compulsory, or, second, open the school to children of other tribes who appreciate more fully the advantages which such institutions offer their children. Under either of these conditions the school can be made a success. Forty acres of the farm are under cultivation. The estimated yield is as follows:

Twenty-five tons of hay have been cut and put into the barn. During the year 693 pounds of butter were made, and 30 dozens of eggs were gathered. Three hogs were slaughtered. furnishing 750 pounds of fresh pork.

Our gasoline gas plant continues an unqualified success, both as regards the quality of light and cost of operation. The total cost for the year was $289.67.

The fuel bill for the year was $919.56. The heating plant worked satisfactorily, except in one or two rooms, where the radiation was insufficient. This will be remedied before starting up this fall.

We remember with pleasure your helpful visit to us in March, as also those of Inspectors McConnell and Nessler and Supervisor Rakestraw at a later date.

I wish also to tender my sincere thanks to Agent William G. Malin, through whom this report is submitted, for his uniform courtesy and cordial support.

Very respectfully,

The SUPERINTENDENT OF INDIAN SCHOOLS.

GEO. W. NELLIS, Superintendent.