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Chairman Committee on Indian Affairs, House of Representatives.

SIR: I have the honor to acknowledge receipt by your reference of August 3, 1911, for report thereon, House joint resolution 141.

The object of this resolution is to authorize the Secretary of the Interior, in his discretion, to make a per capita payment, not to exceed $50 per capita, out of their tribal funds, to the enrolled members of the Five Civilized Tribes entitled under existing law to share therein.

Three successive crop failures in Oklahoma, resulting from severe droughts, have left the Indians of that State in a deplorable financial condition, and they are now in urgent need of funds to provide sustenance for themselves and stock until some thing can again be produced from the soil.

There was on deposit July 1, 1911, in the United States Treasury, over $11,000,000 to the credit of the Five Civilized Tribes. It is apparent that Indians should not be permitted to want for the necessities of life, resulting from unprecedented droughts, while having to their credit in the United States Treasury such a large amount of money. In addition to this money there will be realized from the sale of the unallotted lands of the Five Civilized Tribes already disposed of more than $5,000,000. There are about 1,140,000 acres of unallotted land remaining unsold in the Choctaw and Chickasaw Nations. Practically all the unallotted lands of the Seminole, Creek, and Cherokee Nations have been sold. The funds of the Choctaw and Chickasaw Nations will also be greatly increased from the disposition of the segregated coal and asphalt lands, consisting of about 450,000 acres, in the event Congress enacts legislation providing for the disposition of this valuable property.

By reason of the provisions of section 17 of the act of April 26, 1906 (34 Stat. L., 137, 143), there is no authority of law for the making of a per capita payment at this time out of the tribal funds in the United States Treasury to the members of the Five Civilized Tribes, hence the urgent necessity for the enactment of the proposed legis lation herein recommended.

The following table shows the amount to the credit of the Five Civilized Tribes on July 1, 1911, the number of members entitled to share therein, the amount required to make a per capita payment of $50, and the amount that will remain in the l'nited States Treasury after the payment shall have been made:

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By reason of the Whitmire case, which has been appealed by the Government to the Supreme Court from a decision of the Court of Claims, and which suit involves the right to enrollment of certain alleged Cherokee freedmen whose names appear on the Kern-Clifton roll, it may not be practicable to make a per capita payment of $50 to the Cherokee citizens at this time. Under the wording of the joint resolution herein suggested, however, the Secretary may pay such amount in his discretion, provided it does not exceed $50 per capita.

It may also be impracticable to pay the Creeks $50 per capita at this time out of their funds, because of the question of the equalization of Creek allotments. However, these are questions of administration that may be solved by the department later if the proposed legislation is enacted.

The legislation proposed in the joint resolution herewith is most urgently needed to relieve distress among the enrolled members of the Five Civilized Tribes, and I have the honor to recommend that House joint resolution No. 141 receive the favor able consideration of the Congress at this session. Very respectfully,

SAMUEL ADAMS, Acting Secretary. O


| . REPORT 1st Session.



AUGUST 5, 1911.-Committed to the Committee of the Whole House on the state of

the Union and ordered to be printed.

Mr. SLAYDEN, from the Committee on Military Affairs, submitted

the following


[To accompany H. R. 13120.]

The Committee on Military Affairs, to whom was referred the bill (H. R. 13120) to transfer å portion of Fort Clark Military Reservation to the State of Texas for a tuberculosis sanitarium, having considered the same, report thereon with a recommendation that it do pass as amended.

Amend the bill as follows:

In line 3 strike out the word "President" and insert in lieu thereof the words "Secretary of War."

Strike out the words "the governor of” in line 4, and strike out in lines 6 and 7 the words “for the treatment of persons afflicted with tuberculosis.”

Insert in line 9, after the word “select” the following:“including the improvements thereon and the water supply, subject to the approval of the Secretary of War."

In line 12, after the word "use," insert the words “or abandon."

The military post of Fort Clark, which the War Department proposes to abandon, is in western Texas and 12 miles from the nearest railway.

As a measure of economy in administration and for the promotion of the greater efficiency that follows the assembling of troops in larger numbers, the military authorities have repeatedly advised the abandonment of this post. It will be a specially economical move in this case, because of the expensive wagon haul from the railway to the post.

The reservation, which embraces about 4,000 acres, is in the semiarid region of the West and not suited for farming. It is, by reason of the mild climate and almost complete exemption from humidity, specially well suited for the treatment of people afflicted with tuberculosis.

A letter from the Chief of Staff, Gen. Leonard Wood, gives the view of the President and declares that the War Department does not object to the passage of the bill.

Gen. Wood's letter is attached to this report.


Washington, August 5, 1911. Hon. JOHN M. GARNER,

House of Representatives, Washington, D. C. DEAR Sır: In the al ser ce of the Secretary of War and by authority of the President, I am writing to inform you that there is no objection on the part of the War Department to the enactment of the proposed measure-H. R. 13120, Sixty-second Congress, first session.

The department will reserve the right to use the water supply of Fort Clark or to reoccupy the post at any time in the future, if the military necessities of the cave should demand it.

As the post is now occupied by a battalion of infantry, it will not be practicable to turn it over intil provision is made elsewhere for the accommodation of these troops. Very truly, yours,

LEONARD WOOD, Major General, Chief of Staf.


I No. 127. 1st Session.



August 7, 1911.-Committed to the Committee of the Whole House on the state of

the Union and ordered to be printed.

Mr. SHEPPARD, from the Committee on Public Buildings and Grounds,

submitted the following


[To accompany H. R. 13276.]

The Committee on Public Buildings and Grounds, to which was referred the bill of the House (H. R. 13276) relating to a new Federal building site at Newark, Ohio, respectfully reports the same with the recommendation that the bill do pass.

The omnibus public buildings act of June 30, 1906, authorizes an appropriation of $90,000 for a post-office building and site at Newark, Ohio.“ Under that authorization a site was acquired on July 6, 1908, at a cost of $18,500. Subsequently it developed that the remaining amount was not sufficient to construct a building of sufficient size to handle the Government business at Newark, and the omnibus buildings act of June 25, 1910, increased the limit of cost to $190,000. The committee finds, after consultation with the Supervising Architect, that the site acquired under the initial authorization is too small for such a building as is contemplated by the act of June 25, 1910, and as is needed to meet the demands of the post-office business at Newark. The receipts of the Newark post office for the fiscal year of 1911 were approximately $64,796, and are growing rapidly, having more than doubled since 1901. The population in 1910 was 25,464, and is also growing rapidly.

The committee is therefore of the opinion that, as provided by the bill now under consideration, the present site should be sold at once and the proceeds applied in the purchase of a new and proper site or exchanged in whole or part payment for such new site, the remainder of the purchase price, if any, to be taken from the appropriation here tofore authorized for building and site at Newark Over five years having elapsed since the first appropriation was made and the necessity of a new building being most urgent, the committee believes that a sufficient emergency exists to justify the immediate passage of the bill under consideration, and so recommends.

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