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The act further provided for the selection of the "swamp lands" by the State after survey to be thereafter followed by the issuance of patents by the Secretary of the Interior.

By the treaties of March 11, 1863 (12 Stat. 1249), May 7, 1864 (13 Stat. 693), and March 19, 1867 (16 Stat. 719), the controversy with the Indians was supposedly adjusted to the satisfaction of all parties. By said treaties the United States endeavored to correct the injustice mistakenly done the Indians by the treaty of 1855, and agreed to set apart for the use of the Indians certain additional lands and being all the lands within certain specifically described boundaries. Between 1855 and 1867 the Indians remained on the lands ceded by the treaty of 1855 and it was believed by all parties to the treaties. of 1863-64 and 1867 that said treaties invested the Indians with a good possessory title to all the lands within the defined limits reserved and set aside by said treaties for their use.

By agreements entered into with the Indians under the authority contained in the act of January 14, 1889 (25 Stat. 642), the Indians Iceded to the United States all of the lands reserved for the use of the Indians by the treaties of 1863-64 and 1867, except certain lands reserved for allotment purposes, the United States agreeing to dispose of the ceded lands at not less than $1.25 per acre. Following the survey of the lands the State of Minnesota asserted title to all "swamp lands" within the defined areas set aside by the treaties of 1863-64 and 1867, on the theory that the lands reserved by said treaties were on the date of the approval of the act of March 12, 1860 (extending the Swamp Land Act of Sept. 28, 1850, to the State), "public lands", and that the act of March 12, 1860, operated as a grant in presenti of all "swamp lands" that were then "public lands." Between 1900 and 1912 Secretaries of the Interior sustained the contention of the State and caused patents to issue to the State for 153,524 acres of said lands classified as "swamp lands." The issuance of further patents to the State was thereafter suspended pending judicial determination of the question as to the right of the State to the lands. In 1925 the United States brought an original suit in its Supreme Court (No. 17, original) to cancel all patents theretofore issued the State covering lands within the reserves set aside by the treaties of 1863-64 and 1867 in an effort to fulfill its obligations under the treaties of 1863-64 and 1867. The Court by decision dated March 1, 1926 (270 U. S. 181), held in substance that the lands reserved by the treaties of 1863-64 and 1867 were, on the date of the approval of the act of March 12, 1860 (extending the Swamp Land Act of Sept. 28, 1850, to the State), "public lands", and that the act of March 12, 1860, operated as a grant in presenti of all "swamp lands" within its borders that were then" public lands." In response to a resolution of the committee the Secretary of the Interior caused an examination of the records of the General Land Office to be made to determine the acreage embraced in the treaty reservations and ceded to the United States by the agreements entered into under the act of January 14, 1889, to be disposed of at not less than $1.25 per acre, that had been patented to the State under the act of March 12, 1860, as "swamp lands", and under date of February 25, 1931, the Secretary of the Interior reported (the report being hereto attached) the acreage as 178,530.10 acres, the exact amount stated in the bill.

The bill authorizes an appropriation of $223,162.62 in payment for 178,530.10 acres of land at $1.25 per acre (the minimum price fixed

in the agreements) which land the United States by its treaties agreed to set aside for the Indians, but which promise it has been unable to fulfill, as the land when the treaties were entered into had then already passed beyond its control. The money to be appropriated is in satisfaction of an admitted obligation due by the United States to the Indians, and the money is now needed for the proper care of the Indians.

The Secretary of the Interior personally favors this proposed legislation, but he states that the Director of the Budget advises that it would not be in accord with the financial program of the President. A copy of the letter of the Secretary of the Interior dated February 25, 1931, hereinabove referred to, and a copy of the Secretary of the Interior's letter, dated March 16, 1935, are attached hereto and made a part of this report as follows:

Hon. LYNN J. FRAZIER,

Chairman Committee on Indian Affairs,

INTERIOR DEPARTMENT, Washington, February 25, 1931.

United States Senate.

MY DEAR SENATOR FRAZIER: Reference is had to your letter of February 4 1931, receipt of which was acknowledged February 12, 1931. Request was made in your letter, in accordance with a resolution of your committee, for a statement showing the total acreage of lands within the exterior boundaries of the Chippewa Indian Reservations in Minnesota as the same existed on January 4, 1889, which have been surveyed and classified as swamp lands and for which the Chippewas of Minnesota have received no compensation."

In reply, you are informed that 178,530.10 acres of such lands have been patented to the State of Minnesota, under the provisions of the grant of swamp and overflowed lands made by the act of Congress approved September 28, 1850 (9 Stat. 519), as extended to the State of Minnesota by the act approved March 12, 1860 (12 Stat. 3).

Of this acreage, 142,074.61 acres are within the former Leech Lake, Chippewa, Winnibigoshish and White Oak Point Indian Reservations of Minnesota as existing at the passage of the act of January 14, 1889 (25 Stat. 642); 25,441.75 acres are within the present White Earth Indian Reservation, and 11,013.74 acres are within the portion of the White Earth Indian Reservation ceded by agreement pursuant to the act of January 14, 1889, supra.

These acreages do not include certain acreages, relatively small, for which the State has asserted swamp land claims, but which have not yet been adjudicated as of the character that caused them to inure to the State under the swamp land granting acts.

Very truly yours,

(Signed) RAY LYMAN WILBur.

Hon. ELMER THOMAS,

INTERIOR Department,
Washington, March 16, 1935.

United States Senate.

Chairman Committee on Indian Affairs,

MY DEAR MR. CHAIRMAN: This will refer further to your request of January 30, for a report on S. 1492, authorizing an appropriation of $223,162.62 to compensate the Chippewa Indians of Minnesota for lands within the exterior boundaries of their reservations, but patented to the State under the Swamp Land Act.

During earlier days the Chippewa Indians occupied extensive areas in the northern parts of the present States of Michigan, Wisconsin, and Minnesota. By treaties dated July 29, 1857 (7 Stat. L. 536), March 28, 1836 (7 Stat. L. 491), October 4, 1842 (7 Stat. L. 591), February 22, 1855 (10 Stat. L. 1161), and others they ceded large parts of their former domain to the United States for certain considerations therein specified.

By the act of September 28, 1850 (9 Stat. L. 519) commonly known as the "Swamp Land Act," Congress granted to various States the undisposed-of swamp lands therein. Minnesota was admitted into the Union as a State on May 11, 1858 (11 Stat. L. 285), and by the act of March 12, 1860 (12 Stat. L. 3). Congress extended the Swamp Land Act to the new States of Minnesota and Oregon. It is somewhat essential that these respective dates be borne in mind in connection with this matter.

By the treaties of March 11, 1863 (12 Stat. L. 1249), May 7, 1864 (13 Stat. L. 693), and March 19, 1867 (16 Stat. L. 719), the United States agreed to set apart for the Chippewa Indians all of the land within certain specifically described boundaries in Minnesota, and by the subsequent act of January 14, 1889 (25 Stat. L. 642), these Indians ceded to the United States all of the lands reserved by the treaties last mentioned except the White Earth and Red Lake Reservations, the United States agreeing to deposit the proceeds derived from the sale of such land in the Treasury to the credit of the Indians.

In the case of United States v. Minnesota (270 U. S. 181), a suit brought by the Government in behalf of these Indians to cancel patents issued to the State of Minnesota between 1871 and 1912, for 153,524 acres of swamp lands within certain of these Chippewa Reservations, or to recover from the State the value of those lands, the Court held, in effect, that the grant under the Swamp Land Act was a grant in praesenti as to lands then having the status of public lands; and hence despite the fact that the patents were not issued until later, title to the swamp lands, except as to 706 acres, passed to the State by the act of 1860 making the Swamp Land Act applicable to Minnesota, prior to the time the treaties were made. Hence, although the United States has promised the Indians all of the land within the specified boundaries, it could not give them the swamp lands therein because of the prior grant to the State.

The United States is, therefore, morally obligated to compensate the Indians for the value of the swamp lands, as contemplated by the bill, which authorizes an appropriation of $223,162.62 as payment for 178,530.10 acres, or at the rate of $1.25 an acre. The excess of 25,000 acres over the 153,324 acres involved in the Minnesota case represents the approximate additional acreage of swamp lands for which patents have been issued to the State since that time.

While I personally favor the proposed legislation, the Director of the Bureau of the Budget advises that it would not be in accord with the President's financial program.

Sincerely yours,

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74TH CONGRESS 1st Session

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SENATE

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REPORT No. 429

WHITE SWAN SCHOOL DISTRICT NO. 88, YAKIMA COUNTY,

WASH.

MARCH 13 (calendar day, APRIL 5, 1935.)-Ordered to be printed

Mr. THOMAS of Oklahoma, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany S. 1535]

The Committee on Indian Affairs, to whom was referred the bill (S. 1535) to provide funds for cooperation with White Swan School District No. 88, Yakima County, Wash., in the improvement and extension of school buildings to be available to both Indian and white children, having considered the same, report thereon with a recommendation that it do pass without amendment.

This is in accord with the present Indian education policy of cooperating wherever feasible, with local public-school authorities in the schooling of Indian children.

There are no Government Indian schools on the Yakima Indian Reservation and the children attend the local public schools. In this district there are 192 Indian children and 145 white children. The school district has an excellent plant for the elementary grades, although the buildings are badly overcrowded. Additional space and facilities are needed for high-school grades at an estimated cost of $50,000. The district cooperates excellently in connection with education of Indian children but is unable to provide high-school grades for lack of funds to construct buildings.

About 90 percent of the land in the district is nontaxable Indian land. The valuation of the taxed area is $46,391. Assistance from the Federal Government is essential if the district is to provide highschool grades for the children, and we feel that recognition should be given to the fact that Indian children predominate in this district.

The Commissioner of Indian Affairs and other officials of the Bureau of Indian Affairs personally appeared before the committee and manifested their approval of this legislation.

The Secretary of the Interior personally favors this proposed legislation, but he states that the Director of the Budget advises that it would not be in accord with the financial program of the President.

The Secretary of the Interior's letter dated March 28, 1935, is appended hereto and made a part of this report, as follows:

Hon. ELMER THOMAS,

INTERIOR Department,
Washington, March 28, 1935.

Chairman Committee on Indian Affairs,

United States Senate.

MY DEAR MR. CHAIRMAN: This is in further reference to your request of January 31 for report on S. 1535, to provide funds for cooperation with White Swan School District No. 88, Yakima County, Wash., for extension of publicschool buildings to be available for Indian children.

This is 1 of 5 public-school districts included within the Yakima Indian Reservation. In this district is a total of 488,960 acres, of which 45,974 are assessed for purposes of taxation and the remaining area, 442,986 acres, is nontaxable Indian land. The valuation of the taxed area has been reported as $46,391. The nontaxable land has been estimated as having a valuation ranging from $1,000,000 to $4,429,860. Attending the school there have been reported as high as 192 Indian pupils and 145 whites. This school has an excellent plant for the elementary grades, though it is overcrowded. It requires construction of adequate space and facilities for conduct of the high school. The estimated cost of a building suitable and sufficient for high-school work is $50,000. Tuition has been paid by the Federal Government for Indian children in attendance, and for the current fiscal year tuition has been authorized for 175 pupils at a rate of 45 cents per pupil per day of attendance. The fullest assistance and cooperation have been extended by this school district in the furtherance of the educational interests of the Indian children of the district.

From the foregoing brief summary of the facts, it is evident that this publicschool district is confronted with a peculiarly Indian problem, as about 90 percent of the acreage of the district consists of nontaxable Indian land, whether used by Indian allottees or by white or Japanese lessees, and more than half of the school enrollment and attendance is Indian.

It is suggested that the bill be amended by striking out the word "all" in the second line, page 2, and the words "of the district" in line 2, page 2.

While I personally favor enactment of S. 1535, the Acting Director of the Bureau of the Budget, under date of March 9, 1935, advised that legislation proposed by H. R. 4297, providing for the same purposes, would not be in accord with the financial program of the President.

Sincerely yours,

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