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Mr. Johnson. What is the next item?
Mr. Dodd. The next item is "Oklahoma: Quapaw (Seneca), $200." This amount was included in the appropriation bill for 1937 at the request of the business committee of the Seneca Indians, who desired to dig a well on the tribal gathering place of community ground. Development of this well will safeguard the health of the Indians who come together from time to time at the community meeting place. The amount requested was all that these Indians had on deposit in the Treasury.
Mr. Johnson. The next item is "Oklahoma: * * * Shawnee (Iowa) $300".
Mr. Dodd. This small amount was appropriated for 1937 at the request of the Iowa Indians under the jurisdiction of the Shawnee Agency, Okla. The money is being used to purchase about 2 acres to be added to the tribal cemetery and to purchase wire for fencing the cemetery tract. The existing cemetery consists of only one-half acre of ground reserved from an Indian allotment sold many years ago. It is not protected, and many of the tombstones have been displaced by roving horses and cattle.
Mr. Lambertson. They are attorneys?
Mr. Dodd. Yes, sir; they are attorneys.
Mr. Johnson. The next item, on page 233, is for the Klamath Indians in Oregon. Mr. Dodd. I submit the following justification for the record:
The Klamatli Reservation, in southern Oregon, is inhabited by approximately 1,310 Indians of the Klamath Tribe and contains 243,385 acres of allotted and S64.952 acres of tribal land. The reservation is heavily timbered and in normal times a considerable annual revenue is derived from timber sale contracts. The present balance to the credit of these Indians is approximately $328,856. Receipts during the past year were $367,655. Administrative expenses at Klamath have been defrayed almost entirely from tribal funds in the past. Aside from this authorization there is an annual expenditure for administrative expenses in connection with timber sales. The current budget authority carries $37,120 for this work. The expenditures for the latter purpose are reimbursed to the Federal Treasury through deductions made to cover costs of timber operations.
It is proposed to tmasfcr the salary of the Indian policeman to the appropriation for maintaining law and order.
The item of $10,000 for the revolving fund for burial expenses is eliminated from the estimate.
To assist the tribe in its many problems, a contract has been negotiated with a firm of attorneys. In the supplemental appropriation act, fiscal year, 1936, M.0OO was appropriated to compensate the attorneys at the rate of $300 a month. Approximately $2,500 of that appropriation was available on July 1, 1936, for the present year. This will be enough for about 8 months. No provision is made in this estimate either for an amount to cover these costs to June 30, 1937, or to make payments in 1938 in accordance with the terms of the contract.
The estimate for 1938 may be tentatively segregated into the following: clae.fications:
(a) The administrative force at this agency, exclusive of those employees ergaged strictly in forestry work, consists of the superintendent and seven clerks. whose net salaries aggregate 810,280. In addition, a considerable amount r' irregulai labor is employed to maintain the grounds and perform various types ■' other work, including operation of heating plants and the disposal of ashes arc trash. For many years a much larger appropriation was provided for agenc;. administrative costs. With the depression and its effect upon the lumber industry, business of the agency diminished, and the annual appropriations were great! reduced, as will be noted from the following:
Drastic reductions were made for 1933, at the insistence of representatives of the tribe, who appeared before the Appropriations Committees and protested against large appropriations of tribal funds for administrative purposes. To operate within the limited appropriation for 1933 it was necessary to dispose of the services of much-needed clerks. The present clerical force is inadequate u handle the volume of work at the agency. Funds are, therefore, requested for two additional clerks, at $1,440 net each. The remainder of the $4,000 increase requested under this head is for meeting ordinary operating expenses, such as the purchase of stationery and office supplies, communication service, traveling expenses of the superintendent and other employees, the purchase and repair of office and other equipment, and other incidental items.
(6) The Klamath Hospital required $23,299 for operation during 1935. A minimum of $23,300 will be required for 1938. This hospital has 37 beds, but it was utilized to a somewhat less extent than other hospitals in the Indian Service for several years. The daily patient average was 9 to 10. This condition was due principally to the fact that the Indians used personal funds for treatment in private hospitals. Another factor was the attitude of the Indians toward certain health employees. Conditions have changed materially during the last 2 year? and more use is now being made of the hospital. In fact, a request has been made for enlarging it and for providing facilities not now available. It is believed that under present conditions the increase is fully justified.
(c) This amount is to cover expenses of members of the tribal council when engaged on business of the tribe on the reservation. It will also be used to defray expenses of council members or representatives of the tribe when visiting the seat of government. This tribe has numerous problems relating to its timber assets and to other matters. For the purpose of discussing these problems, and for assisting in the enactment of legislation of general benefit to the tribe, it is customary for a delegation representing the tribe to visit Washington during each session of Congress. Funds must be provided to meet the traveling and other expenses of those selected for these visits. The delegation usually consists of two persons.
Language change.-—Text with reference to the revolving fund is eliminated.
Under recent rulings of the Comptroller General it is necessary that appropriation text specifically provide for per diem allowances; otherwise, expense^ of subsistence must be on an actual expense basis. It is more convenient to pay a per diem, particularly because individuals not familiar with the requirements of the standardized travel regulations would find it difficult tb keep accurate records of expenditures and in many cases w-ould fail to take receipts when necessary.
INCREASE IN APPROPRIATION TO PAY ATTORNEY FEES
Mr. Dodd. On page 233, in line 1, I would like to suggest changing the figures of $64,650 to $76,650, and at the end of the paragraph change the semicolon to a period and insert the following:
And $6,500 shall be available only for compensation and expenses of attorneys for services rendered, and to be rendered during the fiscal years 1937 and 1938 under a contract approved by the Secretary of the Interior, in accordance with existing law.""
The Indian delegate now in Washington has asked us to include $5,500 to cover a more adequate health service, primarily for the traveling expenses of a field nurse, and also more funds for agricultural extension work.
I do not believe that the Klamath representative mentioned that when he was here with the attorney the other day, but it is an item that has been urged upon us by them.
Mr. Johnson. All right.
Mr. Leavy. Does that attorney item have to be a continuing item?
Mr. Dodd. The contract is for a 3-year period.
Mr. Leavy. It will appear, then, for 1939?
Mr. Dodd. In 1939, yes; and as I recall, it is $4,000 a year.
Mr. Leavy. Is there a probability that it will remain year after year?
Mr. Dodd. It will all depend upon what is done with legislation that the Indians are interested in.
PER DIEM EXPENSES
There is another item that I feel I should call attention to, in line 3.
The tribe has voted year after year to pay these representatives that come to Washington a per diem of $8.
The Budget, in making the per diem uniform, has insisted in keeping this at $5. There should be a per diem paid these Indians in lieu of all other expenses. It covers their hotel, laundry, and telephone charges, taxicabs, and perhaps they get $1.50 or $2 as compensation while they are away from their business on the reservation. The tribe votes to pay that amount, and at the request of the tribe I suggest that "$5" be changed to "$8." It should be worded "not to exceed *S per diem."
Mr. Johnson. The next item is "South Dakota: Chevenne River $42,500." Mr. Dodd. I submit the following statement for the record:
The Cheyenne River Reservation, comprised of 1,377,442 acres of allotted land and 432,043 acres of tribal land, is located in central South Dakota and is inhabited by approximately 3,288 Sioux Indians. These Indians have approximately $220,000 to their credit in the Treasury. Receipts during 1936 were S22.-.19. . .
The cost of operating the boarding school, hospital, and miscellaneous agency functions have been charged to tribal funds for many years. For 1936 the school f'jpenses were transferred to gratuity funds.
The current appropriation act carried further transfers as follows:
(a) Conservation of health $25, 500
<l») Agricultural extension work 5, 000
Total 30, 500
(a) This includes the total cost of operating the Cheyenne River Hospital si institution of 34-bed capacity and maintaining an average patient attendance £ 1935 of 30.7. The institution has 10 employees. This institution is bail modernized through a recent allotment from the Public Works appropriation.
(b) This covered salaries and expenses of a stockman, a farmer, and line rioa.
In 1930 these Indians had on deposit in the Treasury more than SI,300,000,lithe annual income was in excess of $125,000. It will" be seen that in addition: using up the annual income for administrative purposes, the capital of this trir* has been greatly reduced. At the present rate of expenditure the cash asset* rf this group will be exhausted in from 5 to 7 years unless the annual income 3 greatly increased. We therefore propose to transfer this appropriation to tb* general gratuity support fund. The amount covers:
Salaries, 10 employees (net) $12,3?'
Irregular labor 3, CO'1
Supplies, including indigent relief 16.000
Communication service 7("'
Travel expenses 1.0ft'
Transportation of things 4, ."*>"■
Repairs to autos, farm machinery, and other equipment 1, 500
New equipment 2. of*'
Total 42, 500
Mr. Dodd. We exclude that item because the funds of those Indian.have been about depleted.
Mr. Johnson. The next item is found on page 235:
There seems to be a decrease there.
Mr. Dodd. I submit the following justification for the record:
^or a number of years an appropriation from tribal funds of the Uintah aco Ouray Indians was available. From that appropriation numerous expenditures of direct benefit to the tribe were made, including subsistence for the indigent, burial expenses, and fair premiums. With the depletion of tribal funds, expenses of administration were transferred to gratuity appropriations, and it has not been possible to meet some of the expenses heretofore made. On June 6, 1935, and on several other occasions, the chairman of the tribal business committee urged an appropriation from tribal funds for various reservation uses. Agreeable to the request of the tribe an appropriation of S6,500 was made for this year. for the following purposes:
Construction of jail SI, 200
Employment special police for Indian gatherings 50(1
Fair premiums 500
Burial expense of indigents 2, 000
Purchase and operation cars for farm aids 2.O00
Maintenance of experimental plots 300
The amount requested for the jail is small, but will permit construction wit?! the help of the Indians themselves, of a suitable building. Plans have been approved and construction authorized. This item is dropped from the 193$ estimate.
We have no funds for the employment of special officers for Indian gathering, and therefore approve the request of the tribe to use a portion of its funds for this service. Availability of funds for prizes at Indian fairs will stimulate the activities of the Indians in producing and conserving food. Gratuity funds are not sufficient to allow any larag sum to any agencv for fair premiums. These two items are repeated for 193$
Farm aids have t»een appointed on the Uintah Reservation. It was anticipated that these employees. th<r;eh paid a small salary, would provide their own transportation. It was hoped that a sufficient number of farm aids could be provided so that the area in which each operated would be compact and require but little travel. It has not been possible to assign more than two of these employees to this reservation. Their services are in such demand that the tribal council requested that automobiles be provided. We are reducing the estimate by the further sum of $1,200, covering the cost of two cars.
The Indians are anxious to conduct experiments in agriculture, including the development of a nursery plot. This work will be done under the direction of the extension agent.
The item for burial expense covers the purchase of caskets, digging of graves, and services of morticians. While small sums can be made available from gratuity appropriations for this purpose, this is a proper expenditure from tribal funds. There is a sufficient balance in the tribal funds of these Indians to permit these expenditures. The income last yearVas about $21,600.
Mr. Dodd. There is a decrease because of certain charges wliich were of a nonrecurring nature.
Here is another case concerning attorney fees. We have contract with the Uintah Indians which was recently approved at the request of the tribe. That involves an expenditure of $3,000 a year.
I would like to offer an amendment on page 233, changing the figure $4,100 to $7,100. Then change the semicolon to a comma and insert:
of which amount not to exceed $3,000 shall be available for the payment of an agent employed under a contract, approved by the Secretary of the Interior.
Those Indians have requested that this appropriation be made. On March 6, 1935, a document was signed by all members of the Uintah business committee which reads as follows:
This is to certify that we, the members of the Uintah, Whiteriver, and Uncompahgre Bands of the Ute Tribe of Indians of this jurisdiction, hereby authorize Capt. R. T. Bonnin, our claim attorney, and his wife, Mrs. Gertrude Bonnin, of Washington, D. C, to represent us on tribal matters before Congress and various departments of the Government.
Under date of April 21, 1936, the tribe entered into a formal contract whereby they attempted to employ R. T. Bonnin as their agent to represent them before the departments of the Government and committees of Congress in tribal matters.
The bill which appropriated the $3,000 to pay his salary, passed on June 22, 1936, and provided that the money was to be paid for the services of general counsel. The question as to whether or not funds could be paid to an agent under the wording of the act was referred to the Comptroller General. On August 1, 1936, the Comptroller held that under this act money could be paid only to persons admitted to the bar. Inasmuch as Mr. Bonnin was not admitted to the bar his contract was not approved because the act limited payment to general counsel.
On December 2, 1936, the Utes executed a new contract whereby they employed R. T. Bonnin as their agent and specifically so stated in the contract, leaving out any reference to general counsel and providing that all the services were to be in connection with matters not involving litigation in any court of law or equity. The services are to be performed before the various departments of the Government and the committees of Congress. This contract was approved on March 2, 1937, by the Commissioner of Indian Affairs and the Secretary of the Interior, in accordance with section 2103 to 2106 of the Revised Statutes of the United States.
Mr. Johnson. But he has done the work.
Mr. Dodd. Yes; he has done the work.