were sold during the year for $6,166,601. The royalty thereon to the Indian owners of said lands amounted to $587,255, and other income, $2,842. Said royalty and income is shared by about 62 Indians according to their respective interests. PUEBLO LANDS BOARD During the year reports have been submitted by the Pueblo Lands Board, established by the act of June 7, 1924 (43 Stat. L. 636), to quiet title to lands of the following pueblos, New Mexico: San Ildefonso sustained damages amounting to $24,367. Seven thousand nine hundred and sixty dollars of this amount is to be used to purchase 25.472 acres with water rights and improvements. Laguna, no damages sustained by the Indians thereof. Acoma, no damages for the Indians. Santa Ana, supplemental report of the board awarding $952 to the Indians. Santa Clara, sustained damages amounting to $86,821. Cochiti, damages to the amount of $7,311, of which $4,863 is recommended by the board to buy 18.212 acres for the Indians. Payments of the foregoing amounts found due these Indians will await appropriations by Congress. INDIAN SUITS AND JUDGMENTS The United States Court of Claims, on April 7, 1930, handed down a judgment in the case of the Indians of the Fort Berthold Reservation (North Dakota v. the United States, No. B-449), awarding the Indians the sum of $1,970,259.66. Their attorneys, June 4, 1930, filed a motion asking a modification of the judgment for an additional sum of approximately $786,000. Suits have been filed during the year in the United States Court of Claims against the Government as follows: Indians of California, filed August 14, 1929. Coos Bay, lower Umpqua, and Siuslaw Tribes of Oregon, filed August 15, 1919. Lower Chehalis, Wash., filed November 19, 1929. Ponca of Oklahoma and Nebraska, filed January 8, 1930. Quinaielt of Washington, filed January 30, 1930. Suattle of Washington, filed February 11, 1930. Assiniboine of Montana, filed April 5, 1930. Chief Joseph's Band of Nez Perce, Washington, filed May 22, 1930. INDIAN CLAIMS Under act of May 3, 1928 (45 Stat. L. 484), the claims against the Government of individual Sioux Indians enrolled in the various Sioux agencies in North and South Dakota, Montana, and Nebraska, for land or for loss of personal property, are being investigated in the field, to enable the Secretary of the Interior to settle them under the act cited. The act of May 14, 1930 (Public 217), appropriated $12,000 for the work. The act of March 26, 1930 (Public 78), appropriated $109,000 to pay the claims of 145 loyal Shawnee Indians of Oklahoma for depre REPORT OF COMMISSIONER OF INDIAN AFFAIRS 29 dations committed against them by the Federal and the Confederate armies during the Civil War. The work of determining the heirs of the claimants is now in progress, as a prerequisite to payment. RIGHTS OF WAY Mention was made in the annual report for 1929 of the efforts of the Indians of the Fort Peck Reservation, Mont., to prevent by force the construction thereon by the Montana State Highway Commission of Federal-aid highway project No. 253-A, between the town of Wolf Point and the bridge, a few miles southeast thereof, over the Missouri River. As the Indians persisted in refusing their consent the State instituted condemnation proceedings, and by court decree of November 19, 1929, the sum of $3,600 was awarded them as compensation for the lands taken for the highway. The amount of the award has been paid to the Indians or their representatives, and they have expressed themselves as being satisfied with the settlement made. FIVE CIVILIZED TRIBES IN OKLAHOMA The area of the Five Civilized Tribes territory aggregated 19,525,966 acres, of which 145,063 acres were reserved for townsite and other purposes, 15,794,205 acres were allotted to the members of the Five Civilized Tribes, and 3,551,653 acres were sold, leaving unsold on June 30, 1930, 35,045 acres of tribal lands, including an area of 9,796.75 acres of the reserved surface of the coal and asphalt lands of the Choctaw and Chickasaw Nations. The unsold tribal property-including amounts uncollected from sales of tribal lands and minerals-of the Choctaw and Chickasaw Nations is valued at $10,252,138. The amounts to be collected from Choctaw and Chickasaw tribal property heretofore sold aggregate $238,239. The largest and most valuable Choctaw and Chickasaw tribal property to be disposed of is the segregated coal and asphalt deposits, the value of which property is estimated at $9,544,786. During the year necessary legislation was obtained authorizing and providing for the sale of said coal and asphalt deposits. The present tribal property of the Creek Nation is valued at $95,218 and that of the Seminole Nation at $250,000. The tribal affairs of the Cherokee, Creek, and Seminole Nations are practically closed, except for the sale or disposal of the few tracts of tribal lands and except for the pending litigation in the Court of Claims by said Indian nations against the United States. Under certain jurisdictional acts of 1924, the Five Civilized Tribes have instituted in the Court of Claims a large number of suits against the United States, which suits are pending in that court and involve claims amounting to millions of dollars. There are approximately 12,000 enrolled Indians of the Five Civilized Tribes in the restricted class, of whom approximately 9,000 are full bloods. The present restricted allotted lands aggregate 1,621,179 acres. In addition there are approximately 13,000 fullblood Indians born since March 4, 1906, who are in the restricted class, in so far as they will inherit restricted lands from full-blood allottees. It is estimated that about 118,000 acres consist of homestead allotments so inherited. One of the biggest and most difficult tasks of the Five Civilized Tribes Agency at Muskogee, Okla., during the year was that of obtaining and filing land tax exemption certificates for the restricted Indians under the act of May 10, 1928. This work is not yet completed. The cashier for the Five Civilized Tribes Agency handled during the year a total of $44,915,910.64, including receipts and disbursements of all classes of funds. The collection of tribal funds amounted to $148,525.89, and there was credited to individual Indian accounts the sum of $8,628,197.77. Individual Indians of the Five Civilized Tribes have to their credit the aggregate amount of $28,275,866.71, restricted funds. There was disbursed from said individual Indian funds the aggregate sum of $3,981,065.18 for the use and benefit of the restricted individual Indians, said expenditures being made under the supervision of the field force of the Five Civilized Tribes Agency. Of said amount, $1,621,343.51 were paid in cash and monthly installments to the Indians, approximately $1,000,000 was expended for homes, furnishings, farms, improvements, etc., and approximately $1,359,721.67 for medical attention, education, living expenses, automobiles, attorneys, fees, and for miscellaneous purposes. ACTIVITIES OF PROBATE ATTORNEYS, FIVE CIVILIZED TRIBES, OKLAHOMA The Indian Service, through the probate attorneys, has rendered assistance to restricted Indians, restricted minors, and judicially declared incompetent Indians under the jurisdiction of our agency at Muskogee by recovering moneys due them; recovering lands and personal property; obtaining cancellation of fraudulent leases and having vacated and set aside judgments obtained in fraud of the rights of restricted allottees. Large sums have been saved to restricted Indians through the efforts of this force by filing affidavits of erroneous assessments of taxes and having the restricted lands involved stricken from the tax rolls; obtaining tax-exempt certificates, setting aside tax deed, and recovering lands erroneously assessed and sold for taxes; obtaining quitclaim deeds from individuals holding under illegal deed; obtaining additional and higher bids upon inherited land sold by full-blood adult heirs and on the sale of lands inherited by minors; collecting rentals; filing objections to annual and final reports of guardians of restricted minors and judicially declared incompetent Indians, and collecting the balances found to be due from delinquent guardians. PROBATE WORK By the acts of May 27, 1908, and April 18, 1912, authority to determine the heirs of deceased members of the Five Civilized Tribes and of the Osages in Oklahoma was conferred on the courts of the State. As to all other Indians, however, having trust or restricted property subject to supervision or control by the Government, commonly referred to as " restricted Indian property," exclusive jurisdiction to determine the heirs of deceased Indians owning such property is expressly vested in the Secretary of the Interior by the act of June being handled to a considerable extent by the superintendent and other local agency employees without awaiting the arrival of an examiner of inheritance, which may be necessarily delayed due to the pressure of other work elsewhere. The more difficult cases are thus left for an examiner of inheritance when one reaches the reservation. The results accomplished by this change in procedure have been very gratifying. During the fiscal year just ended 1,912 Indian heirship cases were thus disposed of and final action taken in the matter of 222 wills. Pursuant to applicable statutory authority, fees aggregating $58,603.88 were collected and turned into the Federal Treasury in reimbursement of the cost of this work. Under the law the scale of fees is a graduated one, ranging from nothing in those cases where the estate of the decedent is worth $250 or less to as high as $75 in those cases where the estate is worth $7,500 or more. In other words, no fee greater than $75 can be charged, even in those cases where the decedent was worth, say, even a million dollars. PURCHASE OF SUPPLIES As to quantity, food, clothing, and other supplies were purchased in accordance with needs of the individual field units as estimated for by the officers in charge, limited only to the funds available for investment for that purpose. As to quality, better than the average supplies, materials, and equipment have been procured. Nothing has been spent for fancy grades nor quality of materials superior to our actual needs, but the field has been furnished with substantial food, serviceable clothing, and good grades of other merchandise. One of the outstanding features has been the delivery of the necessary supplies on or before the opening of the school term. The Indian Service has not deviated from its requirements that deliveries by contractors be made promptly and carefully inspected. More attention is being given to the fabrication of commodity specifications. The Indian Service has received help, both in the preparation of specifications and in the inspection of goods, from various branches of the Government service and their cooperation is appreciated. BIBLIOGRAPHY In response to frequent requests for information there have been completed a number of bulletins or pamphlets relating to Indian life, customs, history, population, etc., which are now available for those who desire, as shown in the following list: Primitive Agriculture. Indian Tribes, by States, Agencies, and Tribes for the Preceding Year. Indian Reservations. Peyote. CONCLUSION In presenting this report of the year we wish to express our appr ciation of the interest and assistance so generously extended yourself and other representatives of the department. We also wis to take this opportunity to acknowledge the willing spirit of cooper: tion which has been shown by the employees of the Washingto office, and also by the field personnel. Acknowledgment is due of the continued help and cooperatio received from the Board of Indian Commissioners which has bee of great value and is deeply appreciated. Acknowledgment is als extended to persons, agencies, or organizations outside of the Federa service whose assistance has been enlisted through their interest in the well-being of the Indians. Sincerely yours, The SECRETARY OF THE INTERIOR. CHARLES J. RHOADS, Commissioner. J. HENRY SCATTERGOOD, Assistant Commissioner. |