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On a preliminary inquiry of the court, on the 1st day of November, 1909, found that the person alleged to have furnished the supplies or stores, or from whom they were alleged to have been taken, was loyal to the Government of the United States throughout said war.

The case was brought to a hearing on its merits on the 21st day of December, 1909. Harvey M. Friend, esq., appeared for claimant, and the Attorney-General, by William H. Lamar, esq., his assistant, and under his direction, appeared for the defense and protection of the interests of the United States.

The claimant in his petition makes the following allegations:

That during the late war for the suppression of the rebellion, to wit, on or about the 2d day of January, 1863, at Adair County, Ky., the United States military forces, by proper authority, took from him, for the use of the United States Army, two horses, each valued at $150, or a total value of $300, and that he never recovered them and has never been paid for them. That on March 23, 1872, he presented his claim to the Quartermaster-General of the United States, with evidence in support thereof, but the same was disallowed by that official on the ground that loyalty and merits had not been satisfactorily established.

The court, upon the evidence and after considering the briefs and argument of counsel on both sides, makes the following

FINDING OF FACT.

During the late civil war the military forces of the United States, by proper authority, for the use of the army, took from the claimant in Adair County, Ky., horses as alleged in the petition, which at the time and place of taking were reasonably worth the sum of two hundred and twenty dollars ($220).

No payment appears to have been made therefor.

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BY THE COURT.

JOHN RANDOLPH,

Assistant Clerk Court of Claims.

2d Session.

No. 570.

REIMBURSABLE LOAN FUND FOR TONGUE RIVER INDIANS, MONTANA.

LETTER

FROM

THE ACTING SECRETARY OF THE TREASURY,

TRANSMITTING

A COPY OF A COMMUNICATION FROM THE SECRETARY OF THE INTERIOR SUBMITTING AN ESTIMATE OF APPROPRIATION FOR PURCHASE OF MACHINERY, TOOLS, IMPLEMENTS, AND ANIMALS FOR INDIANS ON THE TONGUE RIVER RESERVATION IN ΜΟΝΤΑΝΑ.

JANUARY 21, 1910.-Referred to the Committee on Appropriations and ordered to be

printed.

TREASURY DEPARTMENT,

Washington, January 19, 1910. SIR: I have the honor to transmit herewith, for the consideration of Congress, copy of a communication from the Secretary of the Interior, of the 17th instant, submitting an estimate of appropriation for the purchase of machinery, tools, implements, other equipment and animals for the Indians on the Tongue River Reservation in the State of Montana, $15,000, the same to be made immediately available.

Respectfully,

CHARLES D. HILLES,
Acting Secretary.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

DEPARTMENT OF THE INTERIOR,
Washington, January 17, 1910.

SIR: There is inclosed herewith a draft of an item to be incorporated in the Indian appropriation act for 1911, setting aside $15,000 for the purchase of implements, animals, and other equipment for the Indians on the Tongue River Reservation, Mont., and providing for reim

bursement by the Indians for expenditures made on their account out of this fund.

The item is accompanied by a letter to the Speaker of the House of Representatives, and a similar one to the chairman of the Senate Committee on Indian Affairs, to be forwarded to them if the proposed legislation meets with your approval.

Very respectfully,

The SECRETARY OF THE TREASURY.

R. A. BALLINGER,

Secretary.

Item.

For the purchase of machinery, tools, implements, other equipment, and animals for the Indians on the Tongue River Reservation, in the State of Montana, to enable the Indians to engage in the culture of fruit, grains, and other crops, the sum of fifteen thousand dollars, or as much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated, to be immediately available, the same to be expended under the direction of the Secretary of the Interior: Provided, That said expenditures shall be made under such conditions as the Secretary of the Interior may prescribe for the repayment by these Indians to the United States of the sum so expended.

Provided further, That the returns made by the Indians shall be available for reexpenditure for the same purposes and under the same conditions until June first, nineteen hundred and sixteen.

DEPARTMENT OF THE INTERIOR,
Washington, January 17, 1910.

SIR: There was appropriated by Congress for the fiscal year 1909 (35 Stat. L., 70), the sum of $25,000, to be expended in the purchase of machinery, tools, implements, other equipment, and animals for the Indians on the Fort Belknap Reservation, Mont., to enable them to engage in the raising of sugar beets and other crops; the the expenditures to be made under such conditions as the Secretary of the Interior might prescribe for the repayment of the money by the Indians to be benefited.

The objects of this legislation were so well carried out and the project has been so successful that it seems wise to extend it to other reservations as fast as the Indians are ready to settle on their allotments. The original $25,000 appropriated for Fort Belknap has already been turned over several times.

The benefits to be derived from the operation of this scheme are, briefly, as follows: (1) The encouragement of agricultural enterprise among the Indians.

(2) Their more rapid civilization.

(3) The obviation of delay in getting materials for the work.

(4) Protection of the Indians from exorbitant prices by providing the implements,

etc., at reasonable rates.

(5) Appropriate supervision and advice by government officials.

I therefore submit for your consideration the attached draft of an item, appropriating $15,000 for the establishment of a reimbursable loan fund for the Indians on the Tongue River Reservation, Mont., and respectfully ask that it be enacted into law.

Very respectfully,

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

R. A. BALLINGER, Secretary.

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2d Session.

No. 571.

SURPLUS LANDS IN YAKIMA INDIAN RESERVATION, WASH.

LETTER

FROM

THE ACTING SECRETARY OF THE TREASURY,

TRANSMITTING

A COPY OF A COMMUNICATION FROM THE SECRETARY OF THE INTERIOR SUBMITTING AN ESTIMATE OF APPROPRIATION FOR CLASSIFICATION OF LANDS IN THE YAKIMA INDIAN RESERVATION IN WASHINGTON.

JANUARY 21, 1910.-Referred to the Committee on Appropriations and ordered to be

printed.

TREASURY DEPARTMENT,

OFFICE OF THE SECRETARY,
Washington, January 19, 1910.

SIR: I have the honor to transmit herewith, for the consideration of Congress, copy of a communication from the Secretary of the Interior, of the 17th instant, submitting an estimate of appropriation to complete the classification and appraisement of the surplus lands on the Yakima Reservation in the State of Washington, in accordance with the provisions of the act of December 21, 1904, $5,000, with the request that the same may be provided in the urgent deficiency bill. Respectfully,

CHARLES D. HILLES,
Acting Secretary.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

DEPARTMENT OF THE INTERIOR,
Washington, January 17, 1910.

SIR: I have the honor to transmit herewith the rough draft of an item for insertion in the urgent deficiency bill appropriating $5,000 to complete the classification and appraisement of the surplus lands on

the Yakima Reservation, Wash., accompanied by letters addressed to the Speaker of the House of Representatives and the chairman of the Committee on Indian Affairs, United States Senate, showing the necessity for the appropriation.

I would be pleased to have you transmit the matter to the Congress. Very respectfully,

The SECRETARY OF THE TREASURY.

R. A. BALLINGER, Secretary.

Item.

To enable the Secretary of the Interior to complete the classification and appraisement of the lands of the Yakima Reservation in the State of Washington, in accordance with the provisions of the act of December twenty-one, nineteen hundred and four, entitled "An act to authorize the sale and disposition of surplus or unallotted lands of the Yakima Indian Reservation in the State of Washington," five thousand dollars, or so much thereof as may be necessary: Provided, That this sum shall be reimbursed to the United States from the proceeds of the sale of the surplus lands of said reservation.

DEPARTMENT OF THE INTERIOR,
Washington, January 17, 1910.

SIR: By direction of the President I have the honor to transmit herewith the draft of an item for incorporation in the urgent deficiency bill for the completion of the classification and appraisement of the surplus lands on the Yakima Indian Reservation, Wash., in accordance with the provisions of the act of December 21, 1904 (33 Stat. L., 595).

Early in the spring of 1909 the chairman of the commission engaged in the classification and appraisement of the surplus lands on this reservation invited the attention of the Indian Office to the fact that owing to the heavy underbrush and rough character of the ground to be covered the available balance then existing would not be sufficient to complete the work. By letter dated July 19, 1909, this department invited the attention of the Congress at its special session to the necessity for additional funds to carry on this work and requested the insertion of an item in the urgent deficiency bill at that session. (See S. Doc. 135, 61st Cong., 1st sess.) The appropriation asked for was not included in the bill, however.

The commission began active field work about May 1, 1909, at which time there was an available balance of $38,600 for this work. The available balance at this time is about $10,000. During the eight months, therefore, from May 1 to December 31, the commission expended, on an average, $3,575, per month. A recent report from Mr. F. X. Salzman, the chairman of the commission, shows that it will take at least three months more of active field work to complete the classification and appraisement of the surplus lands, to which should be added at least thirty days within which to prepare and submit the schedules of classification and appraisement and the report of the commission.

Owing to weather conditions it will not be possible to resume active field work until about April 1, which will place the completion of the work about the end of July, 1910. The balance on hand at this time will not be sufficient to complete the work, which must be done before the surplus lands can be opened to settlement and entry.

I earnestly request, therefore, that the inclosed item be included in the urgent deficiency bill.

Very respectfully,

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

R. A. BALLINGER,

Secretary.

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