worth, Kans., in December last, but it appears that both had obtained satisfac tory employment and did not desire the appointment, and hence declined the designation.

In December last Representative Sheppard reminded the Secretary of War of his statement of April 8, 1905, that he would have recommended Mr. Mahaffey's appointment only for the fact that he had become disqualified on account of age, and requested the Secretary to make a statement to the same effect in the cases of Cleveland and Keller. In reply to this the Secretary of War advised Mr. Sheppard, December 27, 1906:

"That were it not for the disqualification on account of age I would have also recommended the appointment of Messrs. Cleveland and Keller, with the ap proval of the President."

The present ages of the three persons named in the bill are: Cleveland, 30 years and 10 months; Mahaffey, 29 years and 7 months, and Keller 27 years and 10 months. The age limit fixed by regulations for candidates for appointment as second lieutenants is 27 years, but this is a matter of regulation, not of law.

Respectfully submitted.

F. C. AINSWORTH,
The Military Secretary.

These five young men were dismissed for "taking prominent part in, devising, planning, preparing for, instigating, and executing the mutinous demonstration of the 16th of April." The exact language of the official report on this matter is quoted in order to show the exact cause of dismissal. The young men were not dismissed for hazing. Since the dismissal the careers of these young men have been especially praiseworthy. Four of them were tendered engineering employment of a most difficult character in South America, where they acquitted themselves with distinguished credit, both as to engineering skill and gentlemanly conduct. Returning a year or two ago to this country, young Linton was appointed a colonel of Michigan troops and aide-de-camp on the staff of Governor Warner of that State. Bowlby, on his return, became a member of the faculty of the University of Washington. Keller holds a responsible position in the engineering service of New York City. Mahaffey, after an especially successful career in South America, is now in the railroad engineering service in Texas. Cleveland is in Ecuador, where he has risen to the most responsible position of inspecting engineer and road master of the Guayaquil and Quito Railway Company.

In view of the fact that Bowlby and Linton have already been tendered appointments and in order to remedy the discrimination against Mahaffey, Cleveland, and Keller, arising unavoidably out of this situation; in view of the recommendation of the Superintendent of the Military Academy, who authorized the order of dismissal, and of the favorable attitudes of the Secretary of War and the President; in view of the statement of the Secretary of War in his last two annual reports that the " Army has not enough officers, either in the line or in the staff; " in view of the fact that the families, friends, and fellow-citizens of these young men will welcome with deepest appreciation the lifting of this shadow from their records, and in view of the exemplary, painstaking, and praiseworthy careers of the young men since the unfortunate occurrence of 1901, the Committee on Military Affairs recommend the passage of this bill with the following amendment:

Add after the word " Army," in line 7, the words "notwithstanding the bar of age

TO FIX THE BOUNDARIES OF CERTAIN LANDOWNERS AND ENTRYMEN ADJOINING THE COEUR D'ALENE INDIAN RESERVATION.

JANUARY 30, 1907.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. FRENCH, from the Committee on the Public Lands, submitted the

following

REPORT.

[To accompany H. R. 24374.]

The Committee on the Public Lands, to whom was referred House bill 24374, having had the same under consideration, respectfully submit the following report:

Amend the bill as follows:

In line 7, after the words "owners of land," insert the words " entrymen."

In line 8, after the word "patent," insert the words "or entry." In line 9, after the word "land," insert the following:

or

Upon payment therefor at their appraised value, as provided in the act of June twenty-first, nineteen hundred and six (Thirty-fourth Statutes at Large, page three hundred thirty-five).

Add the following proviso to the end of the bill:

Provilled, That the provisions of this act shall not extend to lands which are embraced in allotments made under the provisions of the act of June twentyfirst, nineteen hundred and six (Thirty-fourth Statutes at Large, page three hundred thirty-five), or to lands in the use or occupation of any Indian having tribal rights on the Coeur d'Alene Reservation.

The title of the bill should be amended by inserting after the word "landowners" the words " and entrymen."

Herewith is attached copy of the report upon the bill from the honorable Secretary of the Interior; also report to the Secretary from the honorable Commissioner of Indian Affairs;

DEPARTMENT OF THE INTERIOR,
Washington, January 26, 1907,

SIR: I have the honor to acknowledge the receipt of your communication of the 17th instant, inclosing for report thereon a copy of H. R. 24374, Fifty-ninth Congress, first session, entitled "A bill to fix the boundaries of lands of certain landowners adjoining the Coeur d'Alene Indian Reservation."

HR-59-2-Vol 1- 42

In response I transmit herewith a copy of a report on the bill from the Commissioner of Indian Affairs, dated the 25th instant, from which it will be seen that his Office is for reasons stated opposed to the bill in its present form. but that if the bill be amended by inserting the words "upon payment therefor at not less than their appraised value, as provided in the act of June twentyfirst, nineteen hundred and six (Thirty-fourth Statutes at Large, page three hundred and thirty-five)" in line 9, after the word "land," and by the addition of the following proviso:

"Provided, That the provisions of this act shall not extend to lands which are embraced in allotments made under the provisions of the act of June twentyfirst, nineteen hundred and six (Thirty-fourth Statutes at Large, page three hundred thirty-five), or to lands in the use or occupation of any Indian having tribal rights on the Coeur d'Alene Reservation,"

the objectionable features of the bill will be eliminated.

The views of the Commissioner are concurred in by the Department.
Very respectfully,

E. A. HITCHCOCK, Secretary. CHAIRMAN OF COMMITTEE ON THE PUBLIC LANDS, House of Representatives.

DEPARTMENT OF THE INTERIOR,

OFFICE OF INDIAN AFFAIRS,
Washington, January 25, 1907.

SIR: I am in receipt, by Department reference for consideration and report, of a letter from Hon. John F. Lacey, chairman of the Committee on the Public Lands, House of Representatives, inclosing a copy of H. R. 24374, Fifty-ninth Congress, second session, entitled "A bill to fix the boundaries of lands of certain landowners adjoining the Coeur d'Alene Indian Reservation," on which he requests such information as will aid the Committee on the Public Lands in its further consideration.

I have considered the bill H. R. 24374, and find that its main features, while undoubtedly equitable to the owners of land adjoining the Coeur d'Alene Indian Reservation, are manifestly unjust to the Indians of that reservation. The bill makes no provision for payment to the Indians for the lands that would be taken from the reservation under authority of the bill, if enacted, and given to owners of lands adjoining; neither are the rights of the Indians to the use and occupancy of lands along the boundaries protected.

I am opposed to the bill in its present form, as I believe the rights of the Indians to lands within the boundaries of the Coeur d'Alene Indian Reservation are superior to the rights of adjoining landowners, and can see no good reason for divesting the Indians of their rights without proper compensation. But if the bill be amended by inserting the words "upon payment therefor at not less than their appraised value, as provided in the act of June twenty-first. nineteen hundred and six (Thirty-fourth Statutes at Large, page three hundred thirty-five)," in line 9, after the word land;" and by the addition of the following proviso:

"Provided, That the provisions of this act shall not extend to lands which are embraced in allotments made under the provisions of the act of June twenty-first, nineteen hundred and six (Thirty-fourth statutes at Large, page three hundred thirty-five), or to lands in the use or occupation of any Indian having tribal rights on the Coeur d'Alene Reservation,"

the objectionable features of the bill will be eliminated.

I have given the bill careful consideration and am of the opinion that, with amendments as herein indicated, it might properly receive favorable consideration, but the amendments proposed are essential in justice to the Indians of the Coeur d'Alene Reservation.

This report is submitted in duplicate and the letter of Mr. Lacey returned herewith. F. E. LEUPP, Commissioner.

Very respectfully,

The SECRETARY OF THE INTERIOR.

COMMUTATION OF HOMESTEAD ENTRIES FOR TOWNSITE PURPOSES IN OKLAHOMA.

JANUARY 30, 1907.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. MONDELL, from the Committee on the Public Lands, submitted the following

REPORT.

[To accompany H. R. 24989.]

The Committee on the Public Lands, to whom was referred the bill (H. R. 24989) providing for the commutation for town-site purposes of homestead entries in certain portions of Oklahoma, beg leave to report favorably on the same.

This bill provides that any purchasers (not to exceed four) may commute their homestead lands purchased by them in Oklahoma under act of June 5, 1906, when such lands are desirable for town-site purposes. The bill is as follows:

A BILL To provide for the commutation for town-site purposes of homestead entries in certain portions of Oklahoma.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when any citizen or number of citizens (not exceeding four) who have purchased homesteads in Oklahoma Territory under act of June fifth, nineteen hundred and six, entitled "An act to open for settlement five hundred and five thousand acres of land in the Kiowa, Comanche, and Apache Indian reservations, in Oklahoma Territory," desire to found a city or town upon their said lands, it shall be lawful for them, at their option, to pay to the receiver of the land office of the district where their land is situated the full amount of the money remaining unpaid on their bid for their said land; and the person or persons so paying said money to commute their said homesteads shall at the same time file with the recorder of the county in which such city or town is situated a plat thereof for not exceeding six hundred and forty acres of land, describing its exterior boundaries according to the lines of the public surveys and of their homesteads; also giving the name of such city or town and a plat and description exhibiting the streets, squares, blocks, lots, and alleys, the size of the same, with measurements and area of each municipal subdivision, if any; the alleys, streets, public parks, and squares shall be designated, and the uses for which they are dedicated shall be given. Such map and statement shall be verified under oath by the party for and in behalf of the person or persons proposing to establish such city or town; and within one month after such filing there shall be transmitted to the General Land

Office a verified transcript of such map and statement, accompanied by the testimony of two witnesses, that such city or town has been established in good faith; a similar map and statement shall be filed with the register and receiver, and at any time after the filing of such map and statement in the General Land Office, together with the receipt of the receiver showing the aforesaid full payment of the bid made for such land, it shall be the duty of the Secretary of the Interior to at once issue a patent to the said land so paid for to the purchaser thereof.

A railroad is now being built through these lands, and the Interior Department has ruled that there is no provision of law by which purchasers of the pasture lands recently sold to homestead entrymen under act of June 5, 1906, can commute for town-site purposes, and your committee on investigation finds that towns along said railroad are an absolute necessity, and that this bill should become a law. Your committee submits herewith a letter from the Interior Department showing the necessity for this legislation, as follows:

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., January 26, 1907.

SIR: The law to which I called your attention this morning is section 22 of the act of May 2, 1890 (26 Stat. L., 81), and in this connection I beg to call your attention to the fact that the provisions of this section were extended by the act of March 11, 1902 (32 Stat. L., 36), to the Kiowa, Commanche, and Apache lands opened in 1901. This later act refers to lands ceded by the Indians and might, by a very liberal construction, be held to embrace the pasture lands, but in my judgment such a construction would be forbidden by the act of June 5, 1906, which directs that the pasture lands be sold in a specific manner to the highest bidder under the homestead laws. The act of 1902 will furnish you a very good guide for the legislation you have in view.

I take the liberty to send herewith a circular issued by this office, from pages 12 to 16 of which you will find the regulations, and on page 25 a copy of the act of 1902.

If I can be of further service to you in this or any other matter, please command me very freely.