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(1866)), the Supreme Court in condemning a Federal law as unconstitutional said on the issue of prescribing qualifications:

The question in this case is not as to the power of Congress to prescribe qualifications, but whether that power has been exercised as a means for the infliction of punishment, against the prohibition of the Constitution.

It is clear from the facts in this case that the proviso here under discussion prescribes qualifications solely for the purpose of inflicting punishment on Commissioner Straus and Regional Director Boke. The fact that the Senate committee has amended the House proviso by making it effective "after January 31, 1949," instead of at the beginning of the new fiscal year, July 1, 1948, as provided in the House version, does not affect in any way the unconstitutionality of the proviso.

This unconstitutional exercise of legislative power should not receive the approval of the Senate, and the proviso should be stricken from the bill.

O

CARL HAYDEN.

JOSEPH C. O'MAHONEY.

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JUNE 12 (legislative day, JUNE 1), 1948.-Ordered to be printed

Mr. WATKINS, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany S. 26861

The Committee on Interior and Insular Affairs to whom was referred the bill (S. 2686) to establish the Navajo-Hopi Indian Administration, to provide for the rehabilitation of the Navajo and Hopi Indian Tribes, and for other purposes, having considered the same, report thereon with the recommendation that it do pass with the following amendments:

On page 4, strike out lines 4 to 23, both inclusive.
On page 5, strike out lines 1 and 2.

On page 5, line 5, change "Sec. 6" to read "Sec. 5".
On page 6, strike out lines 3 to 23, both inclusive.
On page 7, line 3, change "Sec. 8" to read "Sec. 6".
On page 7, line 16, change "Sec. 9" to read "Sec. 7".
On page 8, line 11, change "Sec. 10" to read "Sec. 8".
On page 8, line 18, change "Sec. 11" to read "Sec. 9".

On page 8, strike out lines 22, 23 and 24 and insert in lieu thereof the following:

of the Committee on Interior and Insular Affairs of the Senate to be appointed by the Chairman thereof, and two members of the Committee on Public Lands of the House of Representatives to be appointed by the Chairman thereof

On page 10, line 14, change "Sec. 12" to read "Sec. 10".

On page 10, line 14, after the figure "12" insert the following: "(a)”; On page 10, line 19. after the period insert the following:

(b) There is also hereby authorized to be appropriated $250,000 per annum for the relief of the dependent children, the blind, aged, sick and disabled among the Navajo and Hopi Indians who are needy.

This proposed legislation, if enacted, will transter all powers, duties, and functions of the administration of the Bureau of Indian Affairs, and the Commissioner of Indian Affairs, so far as it relates to the Navajo and Hopi Indians in Arizona and New Mexico, to an inde

8. Repts., 80-2, vol. 4———————61

pendent administrator under direct supervision of the Secretary of the Interior. This bill also provides that a sum of $25,000,000 be authorized to be appropriated for surveys and for the immediate development of an educational program for these Indians. Also that the sum of $250,000 be authorized to be appropriated annually for the relief of dependent children, the blind, aged, sick and disabled Navajo and Hopi Indians who are needy.

By the act of December 19, 1947, the Congress authorized an appropriation of $250,000 for the immediate relief and rehabilitation of the Navajo and Hopi Indians, which sum will provide adequate relief until such time as a permanent rehabilitation program may be established.

Your committee submits that the enactment of this bill is the first step in the direction of providing for a long-range program of the rehabilitation of these Indians.

The Navajo and Hopi Indians are located in an area which is practically isolated from other Indian tribes, and it is believed that it will be more practical and efficient for an independent administration, as proposed in this bill, to handle the affairs and business of these Indians.

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80TH CONGRESS 2d Session

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SENATE

{{No. 1611

REPORT

ISSUANCE OF A PATENT IN FEE TO MRS. PEARL SCOTT

LOUKES

JUNE 12 (legislative day, JUNE 1), 1948.-Ordered to be printed

Mr. BUTLER, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

To accompany S. 2551

The Committee on Interior and Insular Affairs, to whom was referred the bill (S. 2551) authorizing the Secretary of the Interior to issue to Mrs. Pearl Scott Loukes, a Crow Indian allottee, a patent in fee to certain lands allotted to her on the Crow Indian Reservation, Mont., having considered the same, report thereon with the recommendation that it do pass with the following amendments:

On page 1, line 10, after the word "quarter" insert a comma and delete the words "of the".

On page 2, line 2, after the first comma delete the words "all of". The act of June 4, 1920 (41 Stat. 751), provides that a Crow Indian allottee shall not sell more than one-half of his homestead. For this reason the enactment of legislation as proposed is necessary to authorize the allottee to sell all of her land.

The Secretary of the Interior recommends the enactment of this proposed legislation.

The Secretary of the Interior's report dated June 9, 1948, is attached hereto and made a part of this report, as follows: UNITED STATES DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY, Washington 25, D. C., June 9, 1948.

Hon. HUGH BUTLER,
Chairman, Committee on Interior and Insular Affairs,

United States Senate.

MY DEAR SENATOR BUTLER: Reference is made to your request for a report on S. 2551, a bill authorizing the Secretary of the Interior to issue a patent in fee to Mrs. Pearl Scott Loukes.

For the reasons hereinafter stated, I recommend that S. 2551 be enacted.

The bill would authorize and direct the Secretary of the Interior, to issue to Pearl Scott Loukes, Crow allottee No. 950, a patent in fee for the remaining lands of her allotment comprising her homestead of 628.93 acres on the Crow Reservation, Mont. The act of June 4, 1920 (41 Stat. 751), provides that a

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