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o that the area in which each operated would be compact and require but little ravel. It has not been possible to assign more than two of these employees to his reservation. Their services are in such demand that the tribal council reuested that automobiles be provided. We are reducing the estimate by the urther sum of $1,200, covering the cost of two cars.

The Indians are anxious to conduct experiments in agriculture, including the ievelopment of a nursery plot. This work will be done under the direction of he extension agent.

The item for burial expense covers the purchase of caskets, digging of graves, nd services of morticians. While small sums can be made available from gratuity ppropriations 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 xpenditures. The income last year "was about $21,600.

Mr. Dodd. There is a decrease because of certain charges which vere of a nonrecurring nature.

Here is another case concerning attorney fees. We have contract <rith the Uintah Indians which was recently approved at the request )f the tribe. That involves an expenditure of $3,000 a year.

I would like to offer an amendment on page 233, changing the igure $4,100 to $7,100. Then change the semicolon to a comma and nsert:

)f which amount not to exceed $3,000 shall be available for the payment of an igent employed under a contract, approved by the Secretary of the Interior.

Those Indians have requested that this appropriation be made. 3n 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.

Mr. Johnson. I know Mr. Bonnin very well. His late brother wis superintendent of the Concho Agency in Oklahoma, and was a very high-class gentleman. I have also met Mr. Bonnin and never h&v* I heard anything derogatory concerning him. May I add I have also had some correspondence with some of the Indians who say tha: he is rendering good service to them and they are anxious that he t-= paid.

Mr. Leavy. Do these Indians have a substantial tribal fund?

Mr. Dodd. They have in the neighborhood of $90,000.

Mr. Johnson. And how much altogether is this?

Mr. Dodd. $3,000 additional.

WASHINGTON

The Chairman. The next item of tribal funds is found on page 23f and is for numerous tribes in the State of Washington.

Mr. Dodd. I submit the following justification for the record:

The superintendent of the Tulalip Agency, Wash., has administrative supervision over the Indians of the Puyallup Reservation, which contains 17,460 acres. all of which has been allotted to individual Indians with the exception of 59S acreset aside as an addition to the city of Tacoma and in which the Indian triha cemetery is located. There are 328 members of this tribe. The present balanoto their credit is $26,409, which includes a trust fund of $25,000 set aside by speeiSr: legislation, at the request of the tribe, the interest thereon to be used annually iot the upkeep of the Puyallup Indian cemetery. The amount asked represents the 4 percent interest on this trust fund. Accruals to the tribal fund in the last ve*r were $9,421.

A caretaker is employed to look after the cemetery, but payment is made only for such time as he is actually engaged in cemetery duties, such as taking care of walks and drives, cutting grass, and looking after the burial plots.

QUINAIELT

The Taholah Agencv has jurisdiction over several reservations in the extreme western part of the State of Washington, inhabited by approximately 2,0S5 Indians of the Quinaielt, Quilcute, Skokomish, Nisqually, Squaxin Island, and other tribes. These Indians support themselves mainly by fishing and labor in commercial fisheries and in the lumber industry. The Quinaielts are the only Indians under this jurisdiction who have had any fair amount of tribal funds to their credit in recent years. Their present balance is $12,439. The income last year, however, was only $533. Of the 1937 appropriation, approximately $1,000 will be used for the purchase of subsistence and other supplies, and for traveling expenses of agency employees. Because of the small income and the depleted condition of the tribal fund, we propose to transfer this charge to the gratuity support appropriation for 1938.

A water system was installed at the village of Taholah 3 years ago at a cost of approximately $19,000. This system was built from tribal funds. Water is pumped from a driven well 200 feet deep. During the summer months this well does not provide sufficient water for the village needs, and it will be necessarv to drive a new well, probably more than 200 feet deep, and install a complete pumping unit for this well. The cost will be approximately $3,500, which represents a portion of the remainder of the 1937 appropriation. This work has been authorized.

Approximately 100 Indians live in the village of Queets, about a mile from the mouth of the Queets River. They obtain their water for domestic purpose.from two shallow wells which are in danger of contamination from village refu* and from the outdoor privies in use throughout the village. At the request of the tribe, funds were provided in 1937 for this improvement.

Funds were also provided this year for a breakwater to protect Quinaielt village. This work is being done.

NEAH BAY

Neah Bay consists of a village of about 500 persons. The water system, from the standpoint of source and distribution has not been satisfactory. The system was installed almost 25 years ago, and second-hand, wooden pipe was used throughout much of the system. The water source was formed by throwing a cheap, flimsy dam across a gully, and is fed from seepage and from several small streams. At the request of the tribe $17,500 was provided in 1937 for improving the water system. This work has been authorized and will be completed by the end of the fiscal year.

The further sum of $3,500 was appropriated, pursuant to the expressed wishes of the tribal council for the development of a tribal cemetery. This item was inserted in the Senate. The work has been authorized.

The foregoing items are dropped from the estimate for 1938. We are retaining $5,000 to be used for relief of indigents and for burial expenses. This amount was added by the House committee to the 1937 bill, upon the request of the tribe and with our concurrence. We are requesting a continuation of this appropriation for another year.

The balance to the credit of the Neah Bay or Makah Indians is $74,530. Income during the last year was $9,933.

QTJJLEUTE

This amount was provided for 1937 to cover the cost of a water system for the village of La Push. This is a village of 200 Indians living near the mouth of the Quileute River. An appropriation of $2,500 (which represented almost the total amount of tribal funds that these Indians had) was made for 1936. The amount provided for this year was sufficient to complete the system. All work therein has been finished.

HOH

This item was inserted in the Senate last year, and was to provide a new village site for the Indians. The appropriation exhausted the funds of this tribe. The work involved consisted of clearing one acre of land at a cost of about $275, and the building of about 400 feet of road estimated to cost $200.

For 1937 an appropriation of $400 was made for the erection of a monument on an island in the Columbia River. The Yakima tribal council, by appropriate resolution, requested that funds be provided for this purpose.

The amount requested for 1938 is inserted at the rquest of the tribe, made through its tribal council, meeting on September 15, 1936. The money is to be expended for the upkeep of cemeteries on the reservation.

This item is submitted at the request of the tribe. The money will be used in the upkeep of tribal cemeteries, the tribal meeting house, and such other purposes as may be designated by the tribe.

The present balance to the credit of this tribe is $5,754. The income during the last year was $1,315.

SWINOMISH

This item has been included in the estimates at the request of the Swinomish Indians. The money will be used for upkeep of tribal buildings, care of grounds, and other tribal purposes.

The present balance to the credit of these Indians is $699. The income during the last year was $50.

Mr. Dodd. We have received a letter from the superintendent dated January 19 in which he makes reference to an action of the tribal council endorsing the expenditure of $17,800 of the Quinaielt funds for a gravity water system for their village.

If the committee would be willing to provide that money, the brackets in line 2 ahead of Quinaielt would be dropped out, the

139751

$20,000 would be changed to $17,800, and the closed bracket would also be dropped and the total at the end of the item would be changw

Mr. Leavy. That is out of their own funds?

Mr. Dodd. Yes; that is out of their own funds and we think that inasmuch as the Indians are not asking the Government to pay foi it, that their request should be granted.

WISCONSIN

Mr. Johnson. The next item of tribal funds is found on page 23$. and is for the Keshena agency Wisconsin.

Mr. Dodd. I submit the following justification for the record:

The Keshena Reservation in eastern Wisconsin is inhabited by approximate!} 2,077 Indians of the Menominee Tribe and consists of 231,524 acres of unallotted land. This reservation is heavily timbered and the Government operates a lars sawmill which not only serves to dispose of the marketable timber but furnishes employment to a number of Indians. In normal times between 4 and 5 hundred thousand dollars a year is required for the conduct of the lumber business on this reservation. The present balance to the credit of this tribe is $1,070,356, exclusive of $54,949 not available for use because of special acts of Congress. Receipts during 1935 aggregated $657,474, most of which accrued from timber operation*. Of the total balance, $980,293 is in the Menominee log fund. The tribal incomr from other sources was only $1,669. The amount requested for 1938 may he classified for the following purposes:

(a) Conservation of health $16, Of*1

{!>) Agency administration 34, (»f

(c) Care of indigents 10, 0""«.i

(rf) Snow removal 1, 50u

Total 61. 5C*1

(a) This represents the amount annually set aside for contract hospital service* for the Menominee Indians in Wisconsin. The hospital was erected from trihai funds a number of years ago, and was operated by the Indian Service until 1934. Then, at the request of the tribe, the hospital propertv was leased to the Bureau of Catholic Indian Missions. It is now operated by the Catholic Sisters and the Indian Service pays a lump sum of $16,000 per annum for all medical service rendered, which includes operation of the 58-bed hospital and medical service rendered in the homes of the Menominee Indians. This is less than the average cost of operating the hospital for the fiscal vears 1931 to 1934, inclusive. Thr costs for these years were reported as $21,744.89, $23,087.46, $16,446.16, and $15,065.20, respectively. Under this system of operation, there is a saving to the tribe, as the overhead costs have been considerably reduced. At the same time hospital facilities are available for whites living in the community.

(6) This item covers the salaries of the superintendent and nine clerks and other agency employees, the employment of irregular labor for miscellaneous agency work, purchase and repair of office and other equipment, communication service, traveling expenses of employees, and other incidental administrative expenses.

fc) The sum of $10,000 will be used entirely for the care of indigent Menominee Indians who have no means of support and who are cared for by relatives or friends. Operation of the old-folks home established on this reservation several years ago was found to be impracticable. For 2 years it was closed because of inadequate funds. A more satisfactory arrangement for the care of the indigent is provided through home care.

(d) The remaining 81,500 is to provide funds for removing snow from reservation roads during the winter months.

The Menominee Indians have paid from their own funds, over a considerable period of time, all expenses of Federal activities on their reservation. These expenditures have covered not only operating costs of the agency but education, hospitalization, agricultural extension, and other features. To meet these cost* the capital of the tribe has been steadily diminished. We show a balance to their credit at this time of $1,125,305. Of this amount approximately $55,000 is not available for support, and $980,293 is in a capital fund established by specific

acts of Congress. The Menominee 4 percent fund, in which there is a present balance of $90,281 and to which was added $655,805 during the past year, represents a revolving fund used to finance timber operations on this reservation. Excluding the funds above mentioned the Menominees have about $17,000 against which there are overdrafts in two funds of $17,630. The income last year from all sources other than timber activities was $1,669.

Mr. Dodd. That is the other item Mr. Wilkinson discussed. He referred to the contract, and we have prepared an amendment which is offered if the committee wants to include that item in the bill.

FEES AND EXPENSES OF ATTORNEYS

I euggest that in line 1 on page 238, we change the figure $61,500 to $75,000. Then at the end of the paragraph change the semicolon to a colon and insert:

Provided, That not more than $14,100 of this appropriation may be used for fees and expenses of attorneys employed under contract, approved by the Secretary of the Interior, during the fiscal years 1936, 1937, and 1938.

If these various amendments are adopted, then the total on page 239 would be changed accordingly.

Mr. Leavv. How large is the tribal fund in this case?

Mr. Dodd. At the present time they have more than $1,000,000. They have quite a large timber operation on that reservation. They had about $1,250,000 as of March 19.

Mr. Leavy. What sort of service does this firm of attorneys render the Indians? I understand this was the firm that was induced by the Indians to represent them?'

Mr. Dodd. Yes; I will read from the statement that was presented by Mr. Wilkinson the other afternoon. He says that among the legal problems confronting the Menominees at the present time and which had been and are being handled by the attorneys under the aforesaid contract were the following:

(1) Ovef 20 lawsuits are either pending or threatened before courts or industrial commissions arising from injuries sustained at the Menominees' lumber mill;

(2) The drafting of a complete system of self-government for the Menominees, including a Federal charter and constitution;

(3) The drafting of a complete business organization, to the end that these Indians may increase their freedom to do business and thus preserve their assets.

Mr. Leavy. Don't your legal department do that for them at their request?

Mr. Dodd. We have attempted, in drafting these constitutions and charters, to do that with our own group of attorneys. The Indians, however, requested this, and they felt that because of the large amount of timber that they have and the value of their property that they had a right to have outside legal help rather than to rely entirely on the Bureau.

Mr. Leavy. Where do those attorneys reside?

Mr. Dodd. The Menominee Indians contracted with the firm of Hughes, Schurmann & Dwight of New York City.

Mr. Leavy. Of what place?

Mr. Dodd. They have headquarters in New York City. The firm of Moyle & Wilkinson of Washington represents them here and, as I understand it, are doing much of the work.

Mr. Leavy. No lawyers from the State of Wisconsin are emplovcd at all?

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