61ST CONGRESS, HOUSE OF REPRESENTATIVES. J DOCUMENT 2d Session. CANCELLATION OF ALLOTMENT TO MO-ZO-TO-BE ALLOTMEN LETTER FROM THE SECRETARY OF THE INTERIOR, TRANSMITTING THE DRAFT OF A BILL FOR THE CANCELLATION OF A LAND PATENT ISSUED TO MO-ZO-TO-BE BROWN, A PAHUTE INDIAN. MAY 2, 1910.-Referred to the Committee on Indian Affairs and ordered to be printed. DEPARTMENT OF THE INTERIOR, Washington May 2, 1910. SIR: By direction of the President, I have the honor to transmit herewith the draft of a bill authorizing this department, after full investigation of the facts, to cancel the allotment made in the name of Mo-zo-to-be (Hair Forehead) Brown, a Pahute Indian, now deceased, allottee No. 8 on the public domain in the Carson (Nev.) land district. This allotment embraces the NW. of sec. 14, T. 19 N., R. 30 E., Mount Diablo meridian, for which a patent under the provisions of the fifth section of the act of February 8, 1887 (24 Stat. L., 388), was issued in the name of the allottee on August 7, 1893; the land being held in trust by the United States for a period of twenty-five years, which has not expired. From a careful investigation by two field officers of the Indian service it appears that Mo-zo-to-be (Hair Forehead) Brown died without leaving any relatives or heirs whatever. This department is of the opinion that on the death of an Indian allottee, dying during the trust period without heirs, the equitable title in the allotment reverts to the United States, vesting thereby full title in the Government. The act of April 23, 1904 (33 Stat. L., 297), however, limits the authority of the Secretary of the Interior to cancel Indian allotments to specific cases mentioned therein, and it is believed that the allotment now standing in the name of Mo-zo-to-be (Hair Forehead) Brown can not be canceled without authority therefor from Congress. The lands covered by the allotment of this Indian are included within what is known as the Truckee-Carson irrigation project, Nevada, established under authority conferred on this department by the act of April 30, 1908 (35 Stat. L., 85). A clear title can not be given to the land sold within this project, which may include any part of the allotment in question, unless authority is granted by Congress to cancel this allotment should investigation disclose that the allottee died without heirs. The department would be pleased to see the inclosed draft, or legislation similar thereto, become a law. Very respectfully, R. A. BALLINGER, Secretary. The SPEAKER OF THE HOUSE OF REPRESENTATIVES. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be and he is hereby authorized and directed to investigate the allotment in the name of Mo-zo-to-be (Hair Forehead) Brown, a deceased Pahute Indian, allottee numbered eight on the public domain in the Carson (Nevada) land district, and if it be shown to his satisfaction that the allottee died without heirs, he is hereby authorized and directed to cancel the patent issued in the name of Mo-zo-to-be (Hair Forehead) Brown, and also the record of the allotment in his name. 61ST CONGRESS, HOUSE OF REPRESENTATIVES. § DOCUMENT 2d Session. CLAIMS FOR DAMAGES DUE TO GUN FIRING, ETC. LETTER FROM THE ACTING SECRETARY TRANSMITTING A COPY OF A COMMUNICATION FROM THE SECRETARY OF WAR SUBMITTING AN ESTIMATE OF APPROPRIATION FOR SETTLEMENT OF CLAIMS FOR DAMAGES DUE TO GUN FIRING AT VARIOUS FORTS AND TO FIELD MANEUVERS. MAY 6, 1910.-Referred to the Committee on Claims and ordered to be printed. TREASURY DEPARTMENT, SIR: I have the honor to transmit herewith, for the consideration of Congress, copy of a communication from the Secretary of War, of the 4th instant, submitting an estimate of appropriation in the sum of $6,666.10 for the settlement of additional claims for damages to and loss of private property belonging to citizens of the United States, attributable to heavy gun firing at various forts, and damages to fences and other property during army maneuvers. The imperative necessity for the submission of this estimate and the reasons for its omission from the annual estimates are explained in the footnote to the estimate. Respectfully, CHARLES D. HILLES, Acting Secretary. The SPEAKER OF THE HOUSE OF REPRESENTATIVES. WAR DEPARTMENT, Washington, May 4, 1910. SIR: I have the honor to forward herewith for transmission to Congress an additional estimate of an appropriation of $6,666.10 required by the War Department for the service of the fiscal year ending June 30, 1910, for settlement of claims for damages to and loss of private property belonging to citizens of the United States attributable to heavy gun firing at Forts Baldwin, Me., and Miley, Cal., Hamilton, N. Y., Revere, Heath, and Banks, Mass., and damages to fences and other property during maneuvers in May and September, 1909, at Temple, Ga., and Lakeville and Petaluma, Cal. The imperative necessity for the submission of this estimate and the reasons for its omission from the regular annual estimates of the War Department for the fiscal year ending June 30, 1910, are fully explained in the footnote to the estimate. Very respectfully, The SECRETARY OF THE TREASURY. J. M. DICKINSON, Additional estimates of appropriations required for the service of the fiscal year ending June 30, 1910, by the Quartermaster's Department, U. S. Army. WAR DEPARTMENT. MISCELLANEOUS. Claims for damages to and loss of private property: For settlement of claims for damages to and loss of private property belonging to citizens of the United States (act of May 30, 1908, vol. 35, p. 280, sec. 1).... $6,666.10 NOTE. This amount is asked for in order that payment may be rendered practicable of 21 claims on file in this office. Of this sum, $5,939.10 is attributable to heavy gun firing at Forts Baldwin, Me., Miley, Cal., Hamilton, N. Y., Revere, Mass., Heath, Mass., and Banks, Mass., and $727 is to cover damages to fences and other property during maneuvers in May and September, 1909, at Temple, Ga., Lakeville, Cal., and Petaluma, Cal. This estimate is to cover claims received since the submission of estimates aggregating $12,367.05, now before the committees of Congress, and does not include any of the items heretofore con idered. The right of the citizens concerned to prompt settlement of their claims for damages inflicted by the United States, some of which have been pending for years, and the fact that some of said claimants are dependent upon the amounts claimed with which to make needed repairs to their properties, would appear to show the imperative necessity for submitting this estimate. All these claims have been investigated by boards of officers and the amount equitably due each claimant ascertained. (J. B. Aleshire, Quartermaster-General, U. S. Army.) о 2d Session. No. 898. PATENTS AND SCRIP ISSUED TO MISSISSIPPI CHOCTAWS. LETTER FROM THE SECRETARY OF THE INTERIOR, TRANSMITTING A REPLY TO THE INQUIRY OF THE HOUSE AS TO PATENTS AND SCRIP ISSUED TO MISSISSIPPI CHOCTAWS. MAY 6, 1910.-Referred to the Committee on Indian Affairs and ordered to be printed. DEPARTMENT OF THE INTERIOR, Washington, May 6, 1910. SIR: Referring to the resolution of the House of Representatives, dated April 19, 1910, in which it was requested that the Secretary of the Interior furnish the House of Representatives with certain information concerning Mississippi Choctaw Indians, I have the honor to transmit herewith, in compliance with said resolution, a list of Mississippi Choctaw Indians who received patents for lands under Article XIV of the treaty of September 27, 1830 (7 Stat. L., 333–335), and also a list of Mississippi Choctaws in whose behalf scrip was issued under the provisions of the act of Congress approved August 23, 1842 (5 Stat. L., 513), in lieu of the lands to which they were entitled under Article XIV of the treaty of 1830 above mentioned. In section 2 of the act of Congress of April 26, 1906 (34 Stat. L., 137), it was provided that the citizenship rolls of the Five Civilized Tribes should be completed and closed on or before March 4, 1907, and that the Secretary of the Interior should have no authority to add any names thereto after that date. The records of the department show that on February 1, 1907, there were pending for action in the office of the Secretary of the Interior 130 cases involving enrollment in the Five Civilized Tribes, of which 15 were Mississippi Choctaw cases. From February 1, 1907, to March 4, 1907, inclusive, there were received in the office of the Secretary of the Interior the records and decisions of the Commissioner to the Five Civilized Tribes in 2,312 cases of enrollment claims in the Five Civilized Tribes, of which 75 were Mississippi Choctaw cases, making a total of 2,442 cases, including the 90 Mississippi Choctaw cases, examined and adjudicated by the department from February 1, 1907, to March 4, 1907, inclusive. Of the above 2,442 cases, 2,035 were examined and the decisions rendered therein after February 25, 1907, and before the closing of |