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This bill permits them to file a suit in the Court of Claims to receive pay for the 16,365.80 acres of land for the value of the timber taken therefrom because of said erroneous surveys.

The following is a letter from the Acting Secretary of the Interior relative to this legislation:

Hon. WILL ROGERS,

OFFICE OF THE SECRETARY OF THE INTERIOR,
Washington, April 10, 1937.

Chairman, Committee on Indian Affairs,

House of Representatives.

MY DEAR MR. CHAIRMAN: Further reference is made to your request for a report on H. R. 4540, authorizing the Red Lake Bank of Chippewa Indians in the State of Minnesota to file suit in the Court of Claims, and for other purposes. The Red Lake Indians are parties to the various suits of the Chippewa Indians against the United States filed under the act of May 14, 1926 (44 Stat. L. 555). This act, however, provided for the adjudication of claims arising under or growing out of the act of January 14, 1889 (25 Stat. L. 642), only.

These Indians are convinced that they have claims growing out of certain acts of the Government following the treaty of October 2, 1863 (13 Stat. L. 667), or some subsequent agreement, act of Congress, or Executive order.

The principal claim which has been asserted by the Red Lake Band is for an erroneous survey of the Indian lands possessed by them after the treaty of 1863 and the cutting of timber on that part of the reservation excluded by such erroneous survey. They have other claims which may be proper for adjudication and settlement, but they are difficult to formulate and probably cannot be so formulated until after the General Accounting Office has submitted a report.

Should this legislation be enacted it is estimated that the eventual charge upon the Treasury will approximate $500,000.

The bill is in proper form; but two changes, typographical and otherwise, appear to be necessary should Congress enact this legislation.

Change the word "Judiciary", in line 5, page 2, to "Judicial".

Change the semicolon in line 21, page 2, to a comma and insert thereafter the words "including gratuities not heretofore charged;".

Insert, after the word "Act", in line 13, page 3, the words "which shall be subject to amendment at any time prior to final submission of the case to the Court of Claims;".

Under date of March 22, 1937, the Bureau of the Budget advised "that neither the proposed legislation nor your proposed report", favorable to the enactment of H. R. 4540, "would be in accord with the financial program of the President."

Sincerely yours,

CHARLES WEST, Acting Secretary of the Interior.

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PER-CAPITA PAYMENT TO RED LAKE BAND OF
CHIPPEWA INDIANS

JUNE 11, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. RYAN, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany H. R. 4539]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 4539) authorizing a per-capita payment of $25 each to the members of the Red Lake Bank of Chippewa Indians from the proceeds of the sale of timber and lumber on the Red Lake Reservation, having considered the same, report thereon with a recommendation that it do pass without amendment.

In the timber fund in the Treasury of the United States, from which this payment is to be made, there is $211,000 which is money belonging to the Red Lake Band of Indians, placed there by operation by themselves of their sawmill. The payment of $25 to each member of the tribe, of which there are approximately 2,000 persons, would not exceed $50,000 and such payment would leave a capital of over $150,000, which in the opinion of your committee is more than a necessary amount to be withheld.

This bill received the unanimous vote of your committee.

The following is a letter from the Acting Secretary of the Interior relative to this legislation:

Hon. WILL ROGERS,

THE SECRETARY OF THE INTERIOR,
Washington, April 28, 1937.

Chairman, Committee on Indian Affairs, House of Representatives.

MY DEAR MR. CHAIRMAN: Reference is made to your request of February 12 for a report on H. R. 4539, which would authorize a payment of $25 to each enrolled Chippewa Indian of the Red Lake Band in Minnesota, from the timber funds standing to their credit in the Treasury of the United States.

The matter of a per-capita payment from the sawmill funds was presented by the Red Lake tribal delegates who were here in December. The main justification given for such payment was that the old people needed help. Since that time the reports received show that a large number of the old Indians are being cared for under title I of the Social Security Act,

The sum of $75,000 has been allocated this year for the construction of roads and buildings on the reservation. A very generous Emergency Conservation Work program amounting to about $130,000 this year has been carried out on the Red Lake Reservation for the benefit of the Indians; also the logging and sawmill operations have provided opportunity for work for these Indians and a total of $110,000 has been allotted so far this year for these operations. The superintendent, however, found it necessary to discontinue some of the emergency relief activities so as to get enough Indian labor to carry on the sawmill work. In reopening the logging and sawmill operations we were working toward our aim to put the funds and resources of the Indians to such use as to improve their economic and social conditions.

Money paid out to the Indians in small per-capita amounts is soon spent with nothing of a permanent nature to show for it. As it has been necessary to make allotments toward the operations of the sawmill, it is believed that the funds derived from the lumber sales should be allowed to accrue to the credit of the tribe to be used for future needs and for the operation of their activities. If, with only a few months start since reopening these timber operations after the years of depression, we begin making per-capita payments the whole set-up will be hampered, if not entirely wrecked.

Having given careful attention to the circumstances of this tribe, the assistance given them along relief lines, the opportunities afforded for work, coupled with the advantages which the continuance of the mill and logging operations offer, both for work and increased tribal funds, I have reached the conclusion that the timber funds to the credit of these Indians should not be paid out per capita at this time. The Acting Director of the Bureau of the Budget has advised that there is no objection to the presentation of this report to the Congress. I, therefore, recommend that H. R. 4539 be not enacted.

Sincerely yours,

CHARLES WEST, Acting Secretary of the Interior

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MARINE HOSPITAL, STATE OF FLORIDA

JUNE 11, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. PETERSON of Florida, from the Committee on Merchant Marine and Fisheries, submitted the following

REPORT

[To accompany H. R. 4716]

The Committee on Merchant Marine and Fisheries, to whom was referred the bill (H. R. 4716) authorizing the construction and equipment of a marine hospital in the State of Florida, having had the san e under consideration, report thereon without amendment and recommend that the bill do pass.

The purpose of the bill is to authorize the Secretary of the Treasury to acquire by gift, purchase, condemnation, or otherwise a suitable site in the State of Florida, the site to be selected by the Federal Board of Hospitalization, and to erect thereon the necessary building or buildings for a marine hospital, provision also being made for auxiliary structures, equipment, and so forth. The entire cost of the construction of the hospital, including the cost of the site and improvements, is limited to the sum of $1,500,000, this amount being authorized to be appropriated.

In addition to the bill under consideration (H. R. 4716), there are et this time pending before your committee H. R. 4219, providing for the construction of a marine hospital at or near the city of Miami, Fla., and H. R. 4485, providing for such an institution at Jacksonville, Fla. The Treasury Department advises that while it is not opposed to the enactment of a bill providing for the construction of a marine hospital at a designated site, it is felt that but one hospital should be erected in the State of Florida, and that such a hospital should be erected on a site to be selected by the Federal Board of Hospitalization. For this reason H. R. 4716 would more nearly meet the needs of the Treasury Department and its enactment is recommended.

The Acting Secretary of the Treasury, in his letter which follows, advises that this legislation is not in conflict with the program of the President and believing that the legislation proposed is meritorious,

your committee recommends that the bill (H. R. 4716) receive early consideration by the House, with a view to enactment into law. The letter of the Acting Secretary of the Treasury to the Chairman of your committee, dated June 7, 1937, is appended herewith:

Hon. S. O. BLAND,

TREASURY DEPARTMENT, Washington, D. C., June 7, 1937.

Chairman, Committee on Merchant Marine and Fisheries,

House of Representatives.

DEAR MR. CHAIRMAN: Further reference is made to your letter of February 5 asking for the recommendation of this Department on bill H. R. 4219 proposing to authorize the construction and equipment of a marine hospital in or near the city of Miami, Fla., and to your request of February 19 for comment and recommendation on bill H, R. 4716, authorizing the Secretary of the Treasury to acquire a site in the State of Florida to be selected by the Federal Board of Hospitalization and erect thereon the necessary building or buildings for a marine hospital, together with the necessary auxiliary structures, equipment, etc., at a limit cost of $1,500,000.

The only marine hospital in the State of Florida at the present time is located at Key West. Key West has a unique location geographically which greatly affects the activities of the marine hospital. Its isolation has been further increased by the destruction of the railroad caused by a hurricane which occurred in September 1935. The isolated location increases the cost of the operation of the hospital, lessens it availability to beneficiaries in neighboring ports, and is not conduc.ve to the most efficient administration of hospital facilities. There is almost no shipping entering this port and only a very small percentage of the beneficiaries using the hospital come from Key West, most of the patients being sent there from other ports at considerable expense to the Government. With the exception of a 25-bed addition constructed several years ago, the buildings at the Key West hospital are so old and out of date architecturally that repairs thereto are not warranted. The arrangement of the old hospital building, which was constructed in 1844, does not lend itself to the installation of modern professional facilities. For these reasons it is believed that the best interests of Public Health Service beneficiaries would be served by constructing a new marine hospital of 150-bed capacity on the mainland of Florida, on a site to be selected by the Federal Board of Hospitalization and at a cost of not to exceed $1,500,000. Funds for such hospital may be made available by the Secretary of the Treasury and the Postmaster General from subsequent lump-sum appropriations for the construction of Federal buildings outside the District of Columbia.

While the Treasury is not opposed to the enactment of H. R. 4219, it is felt that but one hospital should be erected in the State of Florida, on a site to be selected by the Federal Board of Hospitalization. For this reason the enactment of H. R. 4716 would more nearly meet the needs of the Department. It is recon mended, therefore, that the latter bill be enacted into law.

This proposed legislation is not in conflct with the program of the President.

Very truly yours,

(Signed) WAYNE C. TAYLOR, Acting Secretary of the Treasury.

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