branches or offices, with the exception of the Washington Navy Yard, were granted a holiday for inaugural day, March 4, 1929, without loss of pay or time, and there appears to be no substantial reason why employees of the Washington Navy Yard should be so excepted. The following is the estimated cost for payment of certain employees of the navy yard in the District of Columbia for March 4, 1929: Washington Navy Yard.. Naval air station, Anacostia. Naval reserve laboratory, Bellevue.. United States Marine Corps.- $23, 497. 30 144. 02 1, 168. 78 35. 68 24, 845. 78 Senate Joint Resolution No. 24 was referred to the Bureau of the Budget with the above information as to cost and a statement that the Navy Department contemplated making a favorable recommendation thereon. Under date of June 7, 1929, the Director of the Bureau of the Budget advised the Navy Department that the expenditure contemplated by this proposed legislation would not be in conflict with the financial program of the President. In view of the foregoing the Navy Department recommends that Senate Joint Resolution No. 24 be enacted. Sincerely yours, C. F. ADAMS, Secretary of the Navy. O MENOMINEE TRIBE OF INDIANS TO EMPLOY GENERAL ATTORNEYS MAY 19, 1930.-Referred to the House Calendar and ordered to be printed Mr. WILLIAMSON, from the Committee on Indian Affairs, submitted the following REPORT [To accompany H. R. 8812] The Committee on Indian Affairs, to whom was referred the bill (H. R. 8812) authorizing the Menominee Tribe of Indians to employ general attorneys, having considered the same, report thereon with a recommendation that it do pass with the following amendment: Strike out all after the enacting clause and insert in lieu thereof the following: That the Menominee Tribe of Indians in Wisconsin, through its duly recognized tribal council or business committee, is hereby authorized to enter into contract, subject to approval by the Commissioner of Indian Affairs and the Secretary of the Interior, with an attorney, or firm of attorneys, for the purpose of making a study with reference to its permanent tribal assets and the formulation of any claims that the Indians might have against the Government of the United States. The attorney or firm of attorneys so employed shall be allowed not to exceed $6,000 per annum for compensation and all expenses, and the term of the contract shall not exceed two years: Provided, That, in the discretion of the Secretary of the Interior, an additional amount, not exceeding $8,000, may be allowed said attorney or firm of attorneys for actual and necessary expenses in the prosecution of their services for said tribe. For the purpose of carrying out the provisions of this act the Secretary of the Interior is hereby authorized to expend the sum of not exceeding $20,000, or so much thereof as may be necessary, out of the tribal funds on deposit to the credit of the Menominee Indians. STATEMENT The Menominee Tribe of Indians has considerable assets in the way of timber, possible water-power development, and other resources which they feel could be utilized to much better advantage than at the present time if they were permited to employ competent counsel, with a view to perfecting some sort of an organization through which they could cooperatively work out their problems. They also contend that the Government has failed to conduct the timbering operations in a scientific manner, and that, therefore, considerable losses have been sustained by the tribe. These they intend to assert, if after investigation such counsel shall so advise. At the hearings their regularly authorized representatives contended that the tribe was without funds to procure counsel, and that their rights could not be adequately protected nor their claims properly presented unless they were authorized to employ counsel and money was provided from their tribal funds with which to pay reasonable attorney's fees and expenses. Your committee is of the opinion that, all things considered, the tribe should be allowed to employ, by and with the consent of the Secretary of the Interior, such attorney or attorneys as may be agreed upon and should be allowed a reasonable amount out of their tribal funds for the purpose. The bill has been drafted with a view to limiting these services to a period of two years, as it is believed that this is sufficient time for such attorneys as may be employed as tribal counsel to complete the investigation and the work contemplated by this bill. Following is a memorandum prepared by Mr. J. Henry Scattergood, Assistant Commissioner of Indian Affairs, for the guidance of the Secretary of the Interior, which report has the approval of the Secretary: DEPARTMENT OF THE INTERIOR, Memorandum for the Secretary. It is not our present policy to employ attorneys for Indian tribes except for special or limited purposes. One purpose that has been suggested where such employment would be justified is in considering the best disposition to be made of permanent assets belonging to the tribe which are incapable of physical division and distribution per capita, such as minerals, oil and gas, power resources, and even timber on tribal lands. The principal asset of the Menominee Tribe is their timber, from which a large income is derived each year. This timber is being cut under modern forestry practices, special attention being given to reforestation. An agency is maintained by the Government for the purpose of administering the affairs of this tribe of Indians, and it is not believed that the affairs of this reservation are in such condition that a permanent tribal attorney is needed. However, the question of the best disposition to make of tribal assets such as those referred to above, belonging to any or all Indian tribes, is one of great importance. Only preliminary consideration has been given to this subject and under date of December 11, 1929, we addressed a letter to the chairman of the Committee on Indian Affairs of the House and of the Senate discussing the need of legislation concerning this phase of Indian administration. The Menominee Reservation is one to which such a study is particularly applicable. In connection with the incorporation proposal, it may be suggested that some other form of organization, such as a joint-stock association either under State or Federal charters, may be sufficient to answer every purpose, administrative or otherwise, particularly for the protection of the Indians and their property. In this connection it may be pointed out that the Osage Indians in Oklahoma, where the oil and gas royalties flow to the tribe as tribal or communal property rather than to the individual allottees, under special legislation by Congress, now virtually have a constituted. but unincorporated association under which the tribal council elected biannually acts as a board of governors or are analogous to a board of directors in a corporation, as all oil and gas leases are made by the tribal council and approved by the Secretary of the Interior under appropriate regulations. Furthermore, the income flowing to the tribe from this source is divided per capita among the 2,229 enrolled members thereof and paid to them quarterly or deposited to their credit under proper supervision, very similar to distribution of dividends on stock from income flowing to a corporate association. This plan has worked very satisfactorily among the Osage Indians. It may, therefore, be feasible to consider some such form of organization for the Menominee Indians instead of actual incorporation under State statutes. It has also been suggested that in lieu of incorporation, joint stock association, or some other form of organization, it might be advisable to consider turning over to a reputable trust company the undisposed of tribal assets belonging to an Indian tribe for the purpose of enabling such trust company to administer these tribal assets for the benefit of the Indians. We are not prepared at this time, of course, to say which, if any, of these various suggestions would be the best course ultimately to pursue, either for the Menominees or any other tribe. In view of the foregoing, it is recommended that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following: "That the Menominee Tribe of Indians of Wisconsin, through its duly recognized tribal council or business committee, is hereby authorized to enter into contract, subject to approval by the Commission of Indian Affairs and the Secretary of the Interior, with an attorney, or firm of attorneys, for the purpose of making a study with reference to its permanent tribal assets, and the formulation of any claims that the Indians might have against the Government of the United States. The attorney or firm of attorneys so employed shall be allowed not to exceed $6,000 per annum for compensation and all expenses, and the term of the contract shall not exceed two years." For the purpose of carrying out the provisions of this act the Secretary of the Interior is hereby authorized to expend the sum of $12,000, or so much thereof as may be necessary, out of the tribal funds on deposit to the credit of the Menominee Indians. If amended as herein suggested we recommend the enactment of H. R. 8812. J. HENRY SCATTERGOOD, Assistant Commissioner. |