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The records show that generous sums have been allotted to the Red Lake Agency for emergency conservation work, and the construction, maintenance, and repair of roads. Money has also been provided from the Public Works appropriation for the construction of a high-school building there. These projects have afforded opportunity for employment for the Indians, in addition to other work available in the forests, and in fishing pursuits on the reservation. Reports have reached us to the effect that enough Red Lake Indians were not available to supply the necessary labor for emergency conservation work, and Indians from neighboring jurisdictions were enrolled for work on this reservation. The State of Minnesota has cooperated generously in extending relief to those of the Red Lakes who have urgently needed help:

In view of the amount of relief funds that has been allotted to the Red Lake jurisdiction and the cooperation extended by the State relief administration, it is believed that a per capita payment is not justified at this time, and that the small balance remaining to the credit of these Indians should be conserved for future beneficial use. I, therefore, recommend that H. R. 4123 be not enacted. Sincerely yours,

HAROLD L. ICKES,

Secretary of the Interior. O

CONFERRING JURISDICTION ON UNITED STATES DIS

TRICT COURTS OVER OSAGE INDIAN DRUG AND LIQUOR ADDICTS

APRIL 19, 1935.-Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

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

the following

REPORT

[To accompany H. R. 6625]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 6625) conferring jurisdiction on United States District Courts over Osage Indian drug and liquor addicts, having considered the same, report thereon with a recommendation that it do pass with the following amendments:

On page i, line 7, after the words "file a” insert the word “verified”.

On page 1, line 10, after the word “of”, where it appears the second time, strike out beginning with the word "narcotics' down to and including the word "shall” on page 2, line 3, and insert the following: Whereupon the court shall cause to issue a warrant of arrest for the person accused in said complaint. The arraignment and plea thereupon shall be in the manner provided for arraingment and plea in criminal cases. The court may order a jury to be summoned to ascertain whether such person be an habitual drunkard or addicted to the habitual use of narcotics and if the jury shall find that such person is an habitual drunkard or an habitual user of narcotics, such finding when confirmed by the court shall be entered in the records of said cause and it shall be the duty of the court to

On page 2, line 8, insert before the word "until" the following: "until the further order of the court or.

On page 2, line 11, insert after the word "narcotics” the following: It shall be the duty of the institution to report to the court every 90 days the condition of said Indian.

On page 2, line 15, strike out the word “shall” and insert in lieu thereof the word “may”. Strike out the period after the word "jury" and insert the following: ", if a jury be waived by the defendant in open court."

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The Commissioner of Indian Affairs was present when the bill was amended and made no objections.

This bill has the approval of the Department as will be seen from the following letter from the Secretary of the Interior:

INTERIOR DEPARTMENT,

Washington, March 8, 1995. Hon. WILL ROGERS, Chairman Committee on Indian Affairs,

House of Representatives. MY DEAR MR. CHAIRMAN: There is transmitted a draft of a bill to cover the handling of Osage Indians addicted to excessive use of alcohol and narcotics.

The situation among the Osage Indians of Oklahoma with reference to the use of intoxicating liquors and narcotics is very bad. The superintendent of the Osage Agency reports that the number of Indians indulging in intoxicants and narcotics seems to be growing and those having the habit for a number of years appear to be having less success in efforts to abstain. With the passage of the act of June 16, 1933 (48 Stat. L. 311), the act of March 5, 1934 (48 Stat. L. 396), repealing the laws for the protection of Indians from liquors in the Indian Territory, now the eastern part of the State of Oklahoma, and the repeal of the eighteenth amendment, Indians in this area have little trouble in obtaining liquors to satisfy their cravings. The records of the Osage Agency show the names of 42 Indians who died within the last 4 or 5 years, whose deaths are attributed directly or indirectly to the use of intoxicants or narcotics. It is reported that there are approximately 175 Indians now living who are known to have indulged to excess in the use of intoxicants or narcotics during the last 12 months.

For the past several years it has been the policy to have these Indians voluntarily attend sanatoriums for periods of from 3 to 6 months in an effort to cure them, and many of them have spent considerable money in repeated trips to such sanatoriums for treatment. In practically every instance the Indian, on his return from the sanatorium, continued the use of liquor or narcotics.

This proposed legislation is primarily corrective and permits commitment of addicts, after proper hearing in the United States district court in the district in which such Osage Indian may reside, to the Treasury Department's narcotics farms or other Government institutions where expert treatment is given. At present, there is an utter lack of authority under existing law to commit such unfortunates for courses of treatment for periods considered necessary by experts for thorough reformation.

The Osage Tribal Council believes that the situation is sufficient to warrant special legislation governing the matter and has adopted a resolution recommending that such legislation be obtained.

In view of the foregoing, I recommend favorable action on this proposed legislation. Sincerely yours,

HAROLD L. ICKES,

Secretary of the Interior. O

PAYMENT TO THE OSAGE TRIBE OF INDIANS ON ACCOUNT OF THEIR LANDS SOLD BY THE UNITED STATES

APRIL 19, 1935.-Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

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

the following

REPORT

[To accompany H. R 6682]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 6682) authorizing an appropriation for payment to the Osage Tribe of Indians on account of their lands sold by the United States, having considered the same, report thereon with a recommendation that it do pass without amendment.

A treaty was negotiated with the Osage Indians, under date of September 29, 1865 (14 Stat. L., 687), for the purpose of improving their condition, as the said Indians were in urgent need of funds at that time. The said Indians under this treaty granted authority to the United States to sell certain lands therein described, reimburse the United States for moneys to be advanced and all expenses incurred, and created what is known as the “Osage Civilization Fund,” in the following language:

The remaining proceeds of sale shall be placed in the Treasury of the United States to the credit of the “civilization fund”, to be used, under the direction of the Secretary of the Interior, for the education and civilization of Indian tribes residing within the limits of the United States.

The Osage Indians claimed that it was not intended to use the surplus proceeds for the benefit of any Indians other than themselves, and inasmuch as the Secretary of the Interior had expended these moneys for other Indian tribes, including the hereditary enemies of the Osages, by the act of the Congress of February 6, 1921 (41 Stat. L. 1097), suit was authorized in the Court of Claims against the United States. Such a suit was instituted, being known as “B-38" and the Court of Claims delivered its opinion May 28, 1928 (66 Ct. Cl. 64).

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The Court of Claims made specific findings of fact, set out in detail in the report on S. 2375 (S. Rept. No. 464, 75th Cong., 1st sess.), to the effect that the said treaty of 1865 was negotiated in 3 hours' time with full-blood Osage Indians, ignorant of the English language, and that the Osage language contained no equivalent words to describe the provision as to the civilization fund. The court found that the Osagesinterpreted the words "Indians tribes," as they appear in article I of the said treaty of September 28, 1865, to mean the Great and Little Osage Indians to the exclusion of all other Indian tribes, and used the words therein with that exclusive meaning. In short, the Court of Claims sustained the view of the Osage Indians that these Indians understood that all the net proceeds from the sales of their lands were to be used for their exclusive benefit.

The Court of Claims, in its opinion, used the following language: At the time the treaty was negotiated the Osages were hostile to certain other tribes, among them the Pawnees, Cheyennes, and the Cherokees, and would not knowingly have agreed to part with any of their funds for the benefit of such hostile tribes. It is fair to assume that they interpreted the words “Indian tribes? to mean the tribe of Great and Little Osage Indians to the exclusion of other tribes. The civilization fund which was created by the treaty did not come into existence until 1873, at which time the first moneys came into the Treasury. There is no other instance in connection with treaties by the United States with the Indians where the United States has applied the proceeds of sales of lands of one tribe for the benefit of another.

The Court of Claims found that the only amount of the civilization fund expended for the benefit of the Osage Indians was the sum of $189.55, and that the major portion, $776,493.25, was used for the benefit of other Indians scattered throughout the United States. On April 11, 1911, the balance of the said fund, $248.78, was covered into the surplus funds of the Treasury. The Osage Indians, therefore, were never paid $776,742.03, the net balance received by the United States from the sales of their lands. The court likewise found that there were no offsets or counterclaims on the part of the United States against these Indians.

The Court of Claims was unable to enter judgment for the Osages under the facts as found, as the error in the treaty could only be cured by the political department of the Government. The court's language is as follows:

But the language of the treaty is unambiguous. Its meaning is clear without the aid of extraneous facts. The fund here was to be devoted “to the education and civilization of Indian tribes residing within the limits of the United States." In order to make this language apply exclusively to the Osage Indians, the whole meaning of it would have to be changed by the inclusion of additional words. It is not the province of this court to reform treaties or to make new treaties for the parties. That is the function and province of the political department of the Government.

The Supreme Court of the United States in Jones v. Meehan (175 U. S. 11-12) aptly described the disadvantages and disabilities labored under by Indian tribes in negotiating treaties with its trustee, the United States, as follows:

In construing any treaty between the United States and an Indian tribe, it must always be borne in mind that the negotiations for the treaty are conducted, on the part of the United States, an enlightened and powerful Nation, by repre sentatives skilled in diplomacy, masters of a written language, understanding the modes and forms of creating the various technical estates known to their law, and assisted by an interpreter employed by themselves; that the treaty is

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