The Commissioner of Indian Affairs and other officials of the Bureau of Indian Affairs personally appeared before the committee and manifested their approval of this bill. The Secretary of the Interior personally favors this proposed legislation, but he states that the Director of the Budget advises that it would not be in accord with the financial program of the President. The Secretary of the Interior's letter, dated April 8, 1935, is appended hereto and made a part of this report as follows: Hon. ELMER THOMAS, THE SECRETARY OF THE INTERIOR, Chairman Committee on Indian Affairs, United States Senate. MY DEAR MR. CHAIRMAN: This is in further reference to your request of January 31 for a report on S. 1537, which would authorize an appropriation for construction of a consolidated high-school building at Pine Ridge, Shannon County, S. Dak., to be available to both white and Indian children. The proposed legislation is in accord with the present program of the Department for localizing Indian education wherever possible. If enacted it would carry forward very effectively the work of Indian education on the Pine Ridge Reservation. The local authorities there have cooperated in the plan for development of a combined high school for both white and Indian children, and we are desirous of retaining more of the Indian boys and girls on the reservation for secondary education rather than to send them as an unselected group to distant boarding schools. At this time the capacity of the Federal Indian boarding schools has been, and is being, much curtailed, and these schools are taking only institutional cases, that is, those children who are orphans or where their home conditions are so affected that it becomes advisable to provide for their care elsewhere. Presenting approximate figures, there are now about 255 Indian children belonging to the Pine Ridge Reservation enrolled in the 9th, 10th, 11th, and 12th high-school grades, and 295 in the 7th and 8th grades of some school, making about 500 children enrolled in what are now considered high school grades. The local school authorities estimate that there are 50 white children who would attend the consolidated high school. A very small percentage of the land within the Pine Ridge Reservation is taxable. Therefore, county and State resources are insufficient to finance such a building or to warrant an attempted bond issue. The advantages to be gained by development of a public high school are many, the outstanding features being a better type of education with a smaller expenditure of public funds. It is felt that enactment of this legislation would be a significant forward step, important not only for Pine Ridge, but for other Indian centers. A project of this sort at Pine Ridge, emphasizing high school and vocational training, would be a further indication of what may be obtained in Indian education by well-planned cooperstion between the Federal Government and the States. While I personally favor enactment of S. 1537, the Acting Director of the Bureau of the Budget advised under date of March 27, 1935, that the proposed legislation would not be in accord with the financial program of the President. Sincerely yours, T. A. WALTERS, Acting Secretary of the Interior. APRIL 11 (calendar day, APRIL 12), 1935.-Ordered to be printed Mr. THOMAS of Oklahoma, from the Committee on Indian Affairs, submitted the following REPORT [To accompany S. 2148] The Committee on Indian Affairs, to whom was referred the bill (S. 2148) to provide for the leasing of restricted Indian lands of Indians of the Five Civilized Tribes, in Oklahoma, having considered the same, report thereon with a recommendation that it do pass without amendment. Delegation of Indians from the various tribes of the Five Civilized Tribes of Oklahoma appeared before the committee and urged the passage of the bill. This bill was introduced at the request of the Secretary of the Interior, a copy of his communication under date of March 2, 1935, asking that this proposed legislation be enacted, is attached and made a part of this report, as follows: Hon. ELMER THOMAS, DEPARTMENT OF THE INTERIOR, Chairman Committee on Indian Affairs, United States Senate. MY DEAR MR. CHAIRMAN: I transmit herewith a draft of bill relative to leasing restricted lands of the Indians of the Five Civilized Tribes in Oklahoma. Since the passage of the act of May 10, 1928 (45 Stat. 495), section 2 of the act of May 27, 1908 (35 Stat. 312), which was designed to give the greatest measure of protection to the Indians in the leasing of their homestead allotments, fails to give the protection necessary best to serve and protect the welfare of the Indians. By reference to section 2 of the act of May 27, 1908, it will be noted that lands allotted as surplus allotments may be leased by the Indians for 5 years without approval, while homestead allotments were protected against leases for more than 1 year without approval of this Department. (The special estate for after-born children created by sec. 9 of the act of May 27, 1908, expired Apr. 26, 1931.) But the original homestead allotment is not always the actual homestead of the Indian, because in many instances the lands designated as tax exempt under section 4 of the act of May 10, 1928, are not homestead allotments. The tax-exempt selections are mostly tracts which include the best lands or the lands on which the Indians have established their permanent homes. They may be from either the original homestead or the original surplus allotment; and we desire that the Indians be afforded ample protection in the future leasing of such lands. The taxexempt acreage in many cases is all that the Indians have remaining, and experience has shown that through the making of long-term leases the Indians in many instances will practically lease themselves out of a home. The enclosed draft of bill makes no distinction in the leasing of homestead, surplus, or tax-exempt lands. I can see no logical basis for any distinction as the remaining restricted Indians of the Five Civilized Tribes are those in most need of supervision and their landholdings in most cases are considerably less than when their allotments were originally made. But few, if any, heirs among them who would come under the provisions of the bill, have inherited and retained as much as an entire allotment. I earnestly recommend the enactment of the enclosed draft of bill. Sincerely yours, HAROLD L. ICKES, Secretary of the Interior. A BILL To provide for the leasing of restricted Indian lands of Indians of the Five Civilized Tribes in Oklahoma Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after thirty days from the date of approval of this Act the restricted lands belonging to Indians of the Five Civilized Tribes in Oklahoma of one-half or more Indian blood, enrolled or unenrolled, may be leased for periods of not to exceed five years for farming and grazing purposes, under such rules and regulations as the Secretary of the Interior may prescribe and not otherwise. Such leases shall be made by the owner or owners of such lands, if adults, subject to approval by the Superintendent or other official in charge of the Five Civilized Tribes Agency, and by such Superintendent or other official in charge of said Agency in cases of minors and of Indians who are non compos mentis. О APRIL 11 (calendar day, APRIL 12), 1935.-Ordered to be printed Mr. THOMAS of Oklahoma, from the Committee on Indian Affairs, submitted the following REPORT [To accompany S. 2214] The Committee on Indian Affairs, to whom was referred the bill (S. 2214) conferring jurisdiction on United States district courts over Indian drug and liquor addicts, having considered the same, report thereon with a recommendation that it do pass without amendment. Representatives from the Osage Tribe of Indians appeared before the committee and urged the passage of this bill. This bill was introduced at the request of the Secretary of the Interior as set forth in his letter of March 8, 1935, a copy of which is appended hereto and made a part of this report, as follows: Hon. ELMER THOMAS, INTERIOR DEPARTMENT, United States Senate. Chairman Committee on Indian Affairs, 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, A BILL Conferring jurisdiction on United States District Courts over Osage Indian drug and liquor addicts Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the Superintendent of the Osage Tribe of Indians shall become satisfied that any person of Osage Indian blood is an habitual drunkard, or an habitual user of narcotics, then it shall be the duty of such superintendent to file a complaint in the United States district court in the district in which such Osage Indian may reside charging said Indian with being an habitual drunkard from the use of intoxicating liquors, or an habitual user of narcotics, and if the court, after at least five days' notice to the persons so complained against, shall find that such Indian is an habitual drunkard from the use of intoxicating liquors or an habitual user of narcotics, it shall order that such Indian be committed to some Government institution designated by the court where treatment is given for habitual drunkards, or habitual users of narcotics; and said court shall order and direct that such Indian remain in such institution until the proper authorities thereof shall be of the opinion that he or she is sufficiently recovered from the use of alcoholic liquors or narcotics to be able to refrain from the use of such intoxicating liquors, or narcotics. Jurisdiction is hereby conferred upon the district courts of the United States to hear and determine such cases, and the judgment of such courts thereon shall be final. The court shall hear and determine said actions without a jury. It shall be the duty of the United States district attorney in the district where such cases are filed to prosecute the same. SEC. 2. Any person who shall sell, trade to, or dispose of any intoxicating liquors or narcotic drugs to any Osage Indian who has been committed as provided in section 1 above, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the United States penitentary for a term of not less than one year nor more than five years, and shall pay a fine of not less than $100 nor more than $500, and such person shall not be eligible to a parole unless said fine is paid, and then only under such rules and regulations as are provided by the Department of Justice of the United States. О |