Appendix — Rosebud Sioux Tribe v. Kneip

Supreme Coort, U. 3.

U.

FILED

WG 8 1976

| MICRAEL RODAK, JR_cLERK

7 ‘

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1975

ROSEBUD S10ux TRIBE,

Petitioner,

HONORABLE RICHARD KNEIP, et al.,

Respondents.

ON WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

APPENDIX

[Volume II — Pages 473-944]

PETITION FOR CERTIORARI FILED OCTOBER 11, 1975

CERTIORARI GRANTED MAY 24, 1976

Wastergton, O.C. + THIEL PRESS - (2702) 638.452!

=

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Page

TABLE OF CONTENTS *

a |

Aamomted Commiiet .. cc ccc ccc ceccceces 3

Answer of Defendant Counties of Mellette, Lyman,

Tripp, and Gregory (10/10/72) .... 2... 6.02 cece ees 9

Answer of Defendants, Honorable Richard Kneip and

Gordon Mydland (10/16/72)... 2... 6.6 ce eee eee 12

Order Adding Parties Defendant (1/11/73) ............. 27

Answer of Defendant United States (3/21/73) ........... 28

Notice of Appeal (3/13/74) .... 6... ec eee eee ees 30

Stay of Mandate (8/25/75)... 2.2.6... 6 eee ee eee 32

Entry

#1 H.R. 4740 S6th Cong. Ist Sess. (1899) ........ 33

#1A 33 Cong. Rec. 380 (1899) ......... 0.00 e. 40

TE Sc asscocccscccccsecess 40

ee 40

DI EE occ sccccccccseceees: 40

#1B H.R. Rep. No. 486, 56th Cong. Ist Sess. (1900) .. 42

#2 33 Cong. Rec. 380(1899) ..........-.00 ees 7

EEE 47

eS eee 47

#3 34 Cong. Rec. 152(1901) .........- 00s eee 48

34 Cong. Rec. 3556 .. 1... eee eee eee 48

#4 March 19, 1901 letters to Sec. of Interior and

Indian Inspector McLaughlin from W. A.

Jones Commissioner of Indian Affairs ..... $1

#5 «35 Cong. Rec. 377 (1901-1902) ............. 59

BS Came, Hee. BE ww eee eens 59

eS 60

35 Cong. Rec. 2477 2. eee eee 60

(ii) (iii)

96 Gane Oe, BIG occ incccttiascwees 60 #9 35 Cong. Rec. 377 (1901-1902) ............. 413

35 Cong. Rec. 2882 ......--- eee eee eee, ~ 35 Cong. Rec.4706 ..................... 413

| Se nn ee os #9A S. Doc. 324, 57th Cong. Ist Sess. 1-7(1902) .... 414

| ~ co Rec BOE... caucsoed eaten 71 #10 36 Cong. Rec. 148 (1902-1903) ............. 430

| fee. 38963557... ...... ee, 72 36 Cong. Rec. 141 ...................... 430

35 Cong. Rec. 3556-3557 ......-..

_—_ - + |. i @f:iect Mien MM dl Cone 72 36 Cong. Rec. 2409 ..................... 430

35 Cong. Rec. 44244425 ........ 7 36C Rec. 2473

3S Come, Rec. 45GD on ccc cece esceevccces es 43]

35 Cong. Rec. 4608 ee enaeeoeneeeseeeeneeus 74 #10A H.R. Rep. No. 3839, 57th Cong. 2d Sess. 1-5

35 Cong. Ee; Gee cccceccesesseeeceoess - (1903) PT re er ee es 432

35 Cong. ~— a A Adlai ti te ne #11 36 Cong. Rec. 148 (1902-1903) ............. 443

Cong. Rec. 48004807 .........-5 5055s

35 ra in GUE xc ciccesvahaveen 112 ~ a a -& woe ee eeeeereeeeuenens ov

35 Cong. Rec. 49114918 2... 2. eee ees en 56 Cons, Ree. 3608 ao ee 444

| 35 Cong. Rec. 49634971 ........+-++ +s 00s ; 36 Cong. Rec. 2502 ..................... 444

| 35C ie OD gnc cocseeesseedeaness 236

ong. Nec. 3c abgiaciade 37 36 Cong. Rec. 2747-2748 ................., 445

3S Cong. Rec. SOID-SO24 ...... +--+ esses 373 36 Cong. Rec. 3074 2... cece 449

35 Cong. Rec. S198 2.0... cc ee eee eee eees 2 , :

| 35 Cong. Rec. 5613-5614 2... ee ee eee 273 #11AS. Rep. No. 3271, 57th Cong. 2d Sess. 1-5 (1903) . 450

| #5A S. Rep. No. 662, 57th Cong. Ist Sess. 1-6 (1902).. 274 #12 Letter of June 30, 1903 from Commissioner of

| ~~ | Ist Sess. 14 Indian Affairs Jones to Indian Inspector

| 8D ee ee McLaughlin... 2.22... 461

| ine s7p conee.teems 399 #13 Minutes of Council, July 24, 1903 to Aug. 10,

| #6 = 35 Cong. Rec. 377 (IFUI-IIU2) ....-- +--+ . WP asthciduneeedsaieaceereee 467

| 05 Canm, Wine. GED oo. veces cence sesnswes 299 Mi

. f. S&S Server rrrir TT 299 #13A Excerpt from Report of the Commissioner of In-

35 rt — e.g caw ciaenendeeeuen 300 dian Affairs 1901. Letter dated Aug. 15,

#6A H. R. Rep. No. 954, $7th Cong. Ist Sess. 1-4 1901 from the Supt. to the CIA ........ $23

stile ccvcceuceabaaneauueunn 301 #14 36 Cong. Rec. 148 (1902-1903) ............. 525

| sal pent Nee . 310 PPC OD GUN nu cdueksécccdevduccces 525

#7 35 Cong. Rec. 377 (1901-1902) .........-.-- a 36 Cong. Rec. 626 ...................... $27

| a — ~ a eas | . . . . . . . . oe 310 #14A Excerpt from letter dated Aug. 31, 1903 from

| 35 oan on 1279 . Gs ee 311 Inspector James McLaughlin to the Sec. of

| 31. 57th Cong. Ist Sess. 143 (1901) . 312 the Interior (N.A. Group 48, Records of the

#7A S. Doc. No. 31, 8 Office of the Sec. of the Int., Ind. Div.) ... 528

| #8 35 Cong. Rec. 377 (1901-1902) ............. 410

3S Come. Rec. POF ww ccc cc ccceseseeces 410

ee

AE CE POLO Me - => -—-

(iv)

Entry Page

#14B Excerpts from Report of the Commissioner of Ind.

Pr Ce -cccun danse wenn bee ee ee. 530

#15 Act of April 23, 1904 ch. 1484, 33 Stat. 254 ... 531

#15A 38 Cong. Rec. 268 (1904) ..........-5-5 ees 541

3B Come, Rec. 27S 2. ccc cece cer ccsccees 541

38 Cong. Rec. 902-903 .........--- ee eeeee 541

38 Cong. Rec. 1010 2... cece cece ee cenee 542

38 Cong. Rec. 1292-1293 ........-- eee eees 542

38 Cong. Rec. 1421-1429 ..... 2.6252 eee ees 543

38 Cong. Rec. 1467 ......... 2 eee eee eeees 592

38 Cong. Rec. 1468 .... 1... cece eee eeees 592

38 Cong. Rec. 1469 ........2- cee eeeeeees 592

38 Cong. Rec. 1601 .......... cece eeeee 593

38 Cong. Rec. 49844988 ..........5-5555: 593

38 Cong. Rec. S1SS .... 2... cece e cere cece 626

38 Cong. Rec. $214 ...... 2.22 cece ee ceees 627

38 Cong. Rec. 5218 ......-..-- eee eeeees 627

38 Come. Rec. SIBT .. cece reer cence: 628

38 Cong. Rec. 5447 .. 1... eee ee eee cece 628

#15B H.R. Rep. No. 443, 58th Cong. 2d Sess. 1-19

SED owesduebecdwensceeceenecoess 629

#15C S. Rep. No. 651, 58th Cong. 2d Sess. 1-12 (1904) . 678

#15D S. Doc. No. 158, 58th Cong. 2d Sess. 1-7 (1904) . 709

#16

#17

#18

#19

#20

38 Cong. Rec. 268 (1904) ...........-5055: 724

38 Cong. Rec. 71 2.1... eee cere reece eee 724

38 Cong. Rec. 1100 ..... 2... ee ee eee eee 724

38 Comg. Rec. 1BTT 2. we cee eee ences 725

38 Cong. Rec. 2827-2832 (1904) ..........--. 726

History of the Chicago & North Western Railway

BD noc cawasscienseavevesencas 762

Act of Feb. 7, 1905 ch. 545, 33 Stat. 700 ...... 763

41 Cong. Rec. 241 (1906-1907) ..........-.-- 765

41 Cong. Rec. 286 ... 1... ee eee eee eens 765

41 Cong. Rec. 2800 .......-- eee e cece: 765

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Entry Page

#21 Minutes of Council from Dec. 14 to Dec. 20, 1906

& Jan. 17 to Jan. 21,1907 ............ 766

#21A Excerpt from letter dated Feb. 12, 1907 from In-

spector McLaughlin to the Sec. of the In-

terior (N.A. Group 75, BIA letters received,

1881-1907, 17945 Land (1907) ......... 868a

#22 Act of March 2, 1907 ch. 2536, 34 Stat. 1230 ... 869

#22A 41 Cong. Rec. 241 (1906-1907) ............. 875

LE es es re oe 875

Roe Oe I I? ring S02 sO 876

RE cree eee ee ee A 876

41 Cong. Rec. 3103-3105

41 Cong. Rec. 3182-3183

| a EERE Nee ieAenmete ste ata e 892

41 Cong. Rec. 3323

41 Cong. Rec. 3552

Ea eee ame ere es 894

41 Cong. Rec. 41204121

41 Cong. Rec. 4312

a. OC rg ene ee Ap on 898

ag A ak ee a oe 898

ee ED bo Cewisdks coke eee 898

#22B H.R. Rep. No. 7613, 59th Cong. 2d Sess. 1-8

DE. vsen shh aa de then ul s wecees 899

#22C S. Rep. No. 6838, 59th Cong. 2d Sess. 1-7 (1907) .

#22D H.R. Rep. No. 8109, 59th Cong. 2d Sess. 1-2

(1907)

eee 2a 6.828 2.6 688 ae 2 e's ee eS ea eS

#23 Letters of Dec. 5, 1906 to the Sec. of Int. & J.

McLaughlin from the Commissioner o. Indian

re err 933

#24 41 Cong. Rec. 241 (1906-1907) ............. 943

EE oa ind bw eaty Dia balt 943

41 Cong. Rec. 15

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Entry Page

#25 Letier of Dec. 19, 1906 to Sec. of Interior from

Comm. Leupp ......----eeeeereeeee 944

#26 41 Cong. Rec. 24 (1906-1907) ......--.--555 949

41 Cong. Rec. 27 ......-- eee cerreeceees 949

41 Cong. Rec. S0-S1 2... 6... eee eee eee eees 949

41 Cong. Rec. 3207 .......-0 essere eres 950

41 Cong. Rec. 3323... 2... eee eee teers 950

41 Cong. Rec. 4105 ......-- eee eee reece 951

#26A S. Rep. No. 6831, 59th Cong. 2d Sess. 1-5 (1907) . 952

#27 «Letter of Dec. 15, 1906 to the Sec. of Int. from

Commissioner Leupp .....-----++++++5 962

#28 41 Cong. Rec. 241 (1906-1907) ....----+++>: 973

41 Cong. Rec. 3858-3861 .....--- ++ eee eee 973

#29 42 Cong. Rec. 494, (1907-1908)... ...-- 55: 983

42 Cong. Rec. 174 .......- see eccereeees 983

42 Cong. Rec. 3777 .....--- eee e reer reees 983

42 Cong. Rec.4211 .. 2... - eee ee eee eres 984

42 Cong. Rec. 44044405)... 1... ee eee eee 984

42 Cong. Rec. 4482 .....--- essere ee eeees 988

#29A S. Rep. No. 440, 60th Cong. Ist Sess. 1-2 (1908).. 989

#30 43 Cong. Rec. 228 (1908-1909) .......--++->- 992

43 Cong. Rec. 27 ....--- secre erccrcceeee 992

43 Cong. Rec.65 .....--- essere cere rrees 992

43 Cong. Rec. 1559... 1... ee ee eee reeee 992

43 Cong. Rec. 1679 .... 66-2 e eee neers 993

#30A S. Rep. No. 887, 60th Cong. 2d Sess. 14 (1909)... 995

#31 Letter of Feb. 10, 1909 to Senator Clapp from the

Sec. of Interior ......-- eee eevcvees 1002

#32 44 Cong. Rec. 268 (1909) ....----- +e eeees 1007

44 Cong. Rec. 5.1... eee ere r rer erereeee 1007

44 Cong. Rec. 132 .....---- sere eer rrr 1007

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Entry Page

Gee +=SE GUD, BG. FUP GNOOe ce ccc cee sees eseces 1008

Pe SE A 6 5 6 0s 60d ss eee ec ewos es 1008

ee 49 6 66 ea beens beeese ene 1008

#34 Excerpt from letter dated April 2, 1909 from the

first Asst. Sec. of the Int. to Inspector Mc-

Laughlin (N.A. Group 75, BIA, Central File

1907-39, File 24400-09-3081, Pine Ridge ...1009

#34A Minutes of Council of Mar. 11, 1909 and April 21,

EP rrr rere Tre ee eee ee eT 1011

#35 Act of May 30, 1910 ch. 260, 36 Stat.448 ...... 1044

#35A 45 Cong. Rec. 295 (1909-1910) .............. 1052

0 ee ee ee ee 1052

PD ED 6 o'b ash 0500's sans eee 2/064 1053

SP TD sh pth cs cee eés eta ck aaah we 1053

ee es SE. oo bs 00.00 6998000058 en 1053

PG SPO cc ec cccconensesees 1054

PG EE ooo cee rsessveseuse 1055

CP Gs as PEP occ ec ecsvcuseces 1091

eS ED 6-5 ba Gb kd be bee bbe 8 RN 1103

eee 1104

ee SE nk ee ee ee es ab ss ewe 1104

PTE Sk bee ccaeasecetsebause’s 1203

Pe EE boa becuse eee ekeesecee ns 1204

ss EE bo pace beees ees 00% 1205

45 Cong. Rec. 6379-6381 2.0... cc eee ee eee 1213

eS, GD nce c cee eee esens 1223

GS Come, HBS. GEPOGGEF ow ccc ect cevess 1225

Cs GED 6 66.6 os abn ueda bs enees 1233

ree rrr 1234

CPG le PUUEPVUE cttw vee nesweescees 1234

#35B S. Rep. No. 68, 61st Cong. 2d Sess. 1-5 (1910) ... 1235

#35C H.R. Rep. No. 429, 61st Cong. 2d Sess. 1-5 (1910). 1246

#35D H.R. Rep. No. 1368, 61st Cong. 2d Sess. 1-5 (1910). 1257

(viii) (ix)

Entry Page Entry Page

; » € #47 49 Cong. Rec. 109 (1913) .... 2.22.00... 1327

#%6 «Letter of Feb. 25, 1910 to President Taft from 9

Rosebud Indian Tribal Council ......... . 1266 #9 Cong. Rec. 64 ............ 0... scene, - 1327

1267 ae ee

#37 45 Cong. Rec. os teat tt Mh — #48 Petitions in opposition to H.R. 28606 ........... 1328

45 Cong. Rec. pec cccceesesccssecssese IZ :,

15 Cone Rec a ccseseeesebeassenateases 1267 #49 = Letter of Dec. 9, 1915 to Sec. of Int. from Comm.

45 Cong. Rec. 1135 ...........0-. iene een ie GPS GED ov ovcccstensccsesccece GUE

45 Cong. Rec. 5476 .......-----+++++++++ 1268 #50 Series of 1915 letters between G. Van Meter and

#37A TLR. Rep. No. 332, 61st Cong. 2d Sess. 1-5 (1910). . 1270 Dept. of Interior ee

#38 Letter of Jan 13, 1910 to Congressman Burke from #51 Act of March 3, 1919, Public No. 338. 40 Stat.

the Sec. of the Interior ............... . 1280 : 1320 ......... tet ees ee eee sees 1373

23 +6 Cong. Rec. 9490 ............ peeessene ee

#39 46 Cong. Rec. 147 (1910-1911)... 2... - +6 6s: a 57 Cong. Rec. 1838-1839 .................. 1374

46 Cong. Rec. 14 ..... 2-22-20 e sere eee se 57 Cong. Rec. 4784 ................. sacose Eee

46 Comg. Rec. 55 2.2 - eee e cee eeeccsccss . : #51A H.R. Rep. No. 742, 65th Cong. 2d Sess. 1-2 (1918) . 1377

Noy 17 . Schofield from the |

— = pac cadet ati ie Affairs 1284 #51B S. Rep. No. 745, 65th Cong. 3d Sess. 1-2 (1919) .. 1386

2d Asst. ' 2 ees

#52 Excerpt from the report of the General Accounting

P ie the 2d Asst. 7 h

4 tt chen eee = ay ‘ 1286 Office filed July 12, 1934 in the Court of

Commissioner of Ind. Affairs ..........-.- aa Claims Docket No. C-531 .............. 1393

. - af Council of Nov i sasnekavaas - : ;

#42 Minutes of Council of Nov. 1, 1911 #53 Excerpts from the Constitution of the Rosebud

#43 Act of Aug. 17, 1911 ch. 22, 37 Stat. 21) ...... . 1300 Sioux Tribe Lawelewes viseeens eee

]

#44 49 Cong. Rec. 109 (1913) .....-------eees> a #54 Memorandum dated April 6, 1972 from the Field

49 Cong. Rec.3 ........- sete eens < a Solicitor, Aberdeen, S.D. to the Area Direc-

4B Cone, Wns. TID... oc cece sc cescces: P- tor, Aberdeen, BIA .......... ay 1398

49 Cong. Rec. 4210 .... | pe ee ae “on #55 Letter dated August 23, 1974 from the Acting Area

#444 S. Rep. No. 1166, 62d Cong. 3d Sess. 1-5 (1913) .. 130 Director, Aberdeen, S.D. BIA to Neil Proto,

#45 Letter to Senator Gamble from Sec. of Interior _, 1318 Esquire, Department of Justice .......... 1405

#45A Letter dated April 26, 1913 from Supt. Rosebud #56 Excerpts from instruments from National Archives

- Indian Agency toCIA .........-++++-- 1320 Record Group N.75, Central Files, 1907-1921,

#45B Excerpts from letter dated Sept. 18, 1913 from the a Bureau of Indian Affairs.................. 1409

Supt. Rosebud Ind. Agency to the CIA ..... 132

32

#46 49 Cong. Rec. 109 (1913) ... 2... 6-62 eee eee oe

49 Cong. Rec. 60 ..... | oa ae Se 1326

49 Cong. Rec. 2525 : rae oes

eT

473

paid into the Treasury if it is disbursed under the

provisions of this bill. This is my only business here at

this time and I am ready to answer any questions you

may wish to isk after considering the matter among

yourselves. I do not expect a decision from you in an

hour, or a day, or even three days. You need to think it

over carefully and come to me to explain any question

that may arise, which you may not fully understand.

My friends, I wish to say that when I am assigned to

any duty of this kind, if I have no faith in it, I simply

present it to the Indians and accept their answer, but if I

have faith in it, I feel it my duty to urge its acceptance. I

will be frank and truthful and make no misleading

statements, so that should I return here again at any time,

I will not be ashamed to look you each and all in the face

and take you by the hand. The suggestion made last

evening by Hollow Horn Bear that you would like to have

the matter explained and then return to your homes and

discuss it among the people of the several districts, is very

good, and if that is your wish, we will adjourn until next

Tuesday at one o’clock; but in the meantime, if you have

any points you would like to have more clearly ex-

plained, I will respond to your call at any time.

(Hollow Horn Bear speaks to the Indian assemblage.

Not interpreted)

HOLLOW HORN BEAR:-

I think the time is too short to hold the next council

on Tuesday.

STRANGER HORSE:-

I want to say something. We live a long distance from

here. [7] Our business is of great importance. You are

from Washington and we need some money to provide us

with rations during these negotiations. We do not want to

do this running. We have to take our time and now that

you are here, you ought to explain to the young men

Ee

were

474

who are working, and we can’t get home and have a

council in one day, that is impossible. I think that you

should stay until we have plenty of time to settle the

matter. We don’t want to leave any one out and have

dissatisfaction. I think that we ought to have a council

member come to get our money the last of the month.

Our Agent has taken care of a large number of people and

when we come together, he ought to give us rations. If

the Agent will give us permission to sell some beef at all

of the Issue Stations, we can make a feast. We are here to

see one another with a good heart and when we go home

we ought to have a feast and do everything nice and

smooth and polite. This bill is modified, and we have to

talk about it so that we can understand. We ought to have

a copy of the bill to take to each one of the Issue

Stations and have it read and considered.

INSPECTOR McLAUGHLIN:-

I wish to say to Hollow Horn Bear that I had in mind

the Issue Stations near the Agency—Cut Meat, Black Pipe,

etc., when I set the time for the council for next

Tuesday, but I believe the suggestion that it be a day later

is quite reasonable. The reason I thought that Tuesday

would be better than a day later, was because my friend,

Hollow Horn Bear, said that the Indians were so busy

working, and I did not want to take any more time from

them than necessary, but as both speakers have said, we

don’t want to do this “running”. I don’t want to hurry

you but give you ample time, but after you consider the

matter in your respective districts, you ought to come

together here to talk the matter over in a council, so that

I can be with you and answer questions. To delay holding

our council until next Friday would be the end of the

month and we could not get through with the council in

one day, so I think that Wednesday, say at One o’clock,

would be the proper time and we may be able to get

through by Saturday.

475

[8] As to giving a copy of this bi h distri

council, as suggested by , laa Hone-te hs pera

great deal of time and I doubt if you would edietend it

properly, if you had it. It would be much better for a

to send for me when wanting the terms explained y .

have heard the bill explained by me this mornin nd

you doubtless understand the substance of it You va

now go to your respective district councils, retum ewe

next Wednesday and I will then turn the copy of the bill

over to you. There will be young men in the council wh

can read it, and you can also call upon me to explain ; ;

portions not clearly understood by you. Stran - H “

suggests that I have money at my disposal and could

furnish you with subsistence. The Department has pe

vised me that there are no funds available to pay ex ie

in connection with these negotiations and a I

refer you to your Agent. I have met many Agents in my

travels among Indian tribes, some of very large statue, b

none with larger hearts than your Agent. ae

If you have nothing further to say at present, we will

adjourn the council to meet again at One o'clock

Wednesday afternoon, July 29, 1903. v8

Council adjourned at 11 o’clock, A.M. July 25, 1903

Council reconvened at 4 o'clock, July 29 1903 with

Agent McChesney and about 130 Indians present se

INSPECTOR McLAUGHLIN:.- .

Louis Bordeaux, interpreting,

My friends, we meet today as agreed upon at adjourn-

ment last Saturday; you having requested the four day’s

adjournment that you might council among yourselves I

would have been pleased to see more of your peo I

present today, but I will talk with those of you a om

present. I have already explained the bill which is to be

the basis of the new agreement, and you having been in

council among yourselves the past four days, you are

GEE

476

doubtless prepared to give me an answer. If you are not

prepared to give me a definite answer, you probably

desire to ask questions on some of the features of the bill

which you may not understand. As I told you in our first

council, I [9] don’t wish to hurry you, I want to give you

ample time so that you may consider the matter and

understand it clearly; but desire to conclude our negotia-

tions as soon as possible.

Remember the question before you is the cession of

the unallotted portion of your Gregory County lands,

which was embraced in our agreement of two years ago;

and while I do not wish to hurry you, I would like to

have our business concluded without unnecessary delay.

If you have not reached any conclusion and want

information on any point, I will endeavor to make it clear

to you. I am now ready to hear from you as to what the

outcome of your council has been, and any questions you

may ask I will answer to your satisfaction.

HOLLOW HORN BEAR:-

My friend, some days ago, I had a talk with you, the

Agent and Inspector, we all feel that you are our friends,

we regard you as we would members of our own tribe; we

trust you as we would our own people. We are going to

ask some questions and have you make answers to them.

Two years ago, the 14th day of September, I came here

to talk with you. You were here with an agreement at

that time and you told us that if any clause of the bill

was not acceptable, it would not be ratified. It would

have to be ratified as a whole, or rejected as a whole. Did

we not understand you to say that if the treaty was not

ratified, we would have the land back again?

INSPECTOR McLAUGHLIN:-

The land stands just as it was before, that is the status

of the land is just as before. Congress did not ratify the

agreement.

477

HOLLOW HORN BEAR:-

The treaty was in twelve sections, ;

if three-fourths of the Indians “did = ages

—- t go, the land would belong to us. You out

o cane oe ~ us to consent—it was not your fault, the

soar th nen as — a big mistake. If the Great Father

cage nn = he sent you to us with the treaty,

re g r a money back, he can do so, and we

aie dean _ ack. You told us if Congress did not

ae aty, it [10] would be all right for us to take

ack, and we ask you to act for us and we

= tes on ra - that we get the land back.

an remember what you said once before when you

. ere to make the treaty with us. If Congress don’t

— y with the treaty, the land comes back to us. I

pr oo é = a and the Great Father stayed back on

yee An oe and we stay back on the other

REUBEN QUNCK wed F nothing more to do.

. ben last = you were with us in council, and had

a gs“ with you and read and explained them to us.

: us to go home and council with the Indians at

ome at the Issue Stations. Two years ago, you came here

= made a treaty with us, telling us that if there was any

Pip er oe that Congress did not comply with

ours just the same ; on

know that we have decided to take i cenas it.

it belongs to us. We have decided that today —.

LITTLE THUNDER:- ¥

coe all the Indians. We are poor, you know that.

se us that we could sell the land to the Great

er, and we would get lots of money for it, we would

get rich. Congress did not comply with the terms of the

treaty, and we have all come to the conclusion that we

——

478

take our lands back as they belong to us. We all feel that

way about it.

INSPECTOR McLAUGHLIN:-

My friends, I wish you all to understand that every

word that is being said by you and myself is being taken

down by the stenographer. It is transcribed into typewrit-

ing, like this page, and will form a part of my report. It is

sent to the Secretary and he is able to read all that is said

here at this council. These eight pages are the transcript

of our first two councils. I will read and repeat what I

have said to you, taking the third paragraph on the fourth

page. This has reference to why your agreement of two

years ago was not [11] modified. (Reads paragraph

which is interpreted by Louis Bordeaux)

Congress is willing to pay you the same amount as was

provided by that agreement but in a different manner

than that provided by the wording of that agreement. I

will read to you what I said in our last council, every

word of which is true. (Reads from minutes of council

held on Saturday, July 29th.)

The Secretary will obtain the best price possible for

the land ceded. I told you before that a lump sum of

money would never again be stipulated for the payment

of Indian reservation lands; and that all surplus lands that

Indians were not using or did not need would be opened

to settlement by Congress, and every statement that I

made to you last Saturday, can not be truthfully

contradicted by any person. I shall tell you nothing but

the truth and will use no words that are misleading. A

few of the important provisions of this bill have been

questioned by certain persons here and the report

circulated among your people that my presentation of

the bill was not all true, and you have been told that I

was not authorized or instructed to make such state-

ments. I desire to read and repeat again, what I told you

° lS

479

in last Saturday’s council and, as facts and truth, stand by

same without fear of contradiction. (Reads from minutes

of council held on Saturday, beginning: “I consider it a

very nice compliment” etc.,)

As I told you last Saturday, It is not the wish of the

Secretary or the Commissioner nor of the Congressional

delegation from this state to legislate for the opening of

that tract of land without first consulting you Indians. I

was very much pleased with the agreement entered into

with you two years ago, although you will recall that I

met with a great deal of opposition when negotiating that

agreement. I gave you a fair price for your lands and

protected you in every provision of the agreement.

My friend, Hollow Horn Bear asked me if the treaty

was now of any effect, it having failed of ratification. I

wish to answer that.

You will remember that I said at the time that it

required two [12] parties to every bargain, that you, the

Indians of this Agency, were one party and I, represent:

ing the Government in the negotiations, was the other

party, but that any agreement concluded by us, would be

of no force or effect until ratified by Congress.

You did your part, you met the requirements of the

Department by entering into the agreement with me for

that part of your lands at $2.50 per acre. Congress was

willing to accept the price but demanded a change in the

manner of payment. The status of the land is just the

same as it was two years ago, but I am here to try to

enter into a new agreement, from which you will receive

as much for your lands as the agreement of two years ago

provided, but the manner of disposing of it is different. I

can not promise you any definite sum to be paid at

certain times as was stipulated in your other agreement

but I am here to promise you every cent that the land

will bring under the provisions of the bill.

480

My friends, you will remember that in years past, five

and ten cents per acre was paid for Indians’ land, and by

the agreement of 1889 you received fifty cents per acre

for all that was not taken within the first five years, but

here is an offer of $2.50 per acre for it. The entryman has

five years to pay for it, in five different installments.

Fifty cents when he enters the land, fifty cents at the end

of the second year, and fifty cents each year following,

and the last fifty cents must be paid within 5 years and 6

months after date of the entry. Any man who enters that

land and fails to make any of the payments, will forfeit

the land and the money he may have paid in, and the

land will be sold again for your benefit.

Sections 16 and 36 of each township is donated to the

state of South Dakota for school purposes; that is, two

sections out of every township. This does not concern

you, the payment therefor is made to you direct from the

U.S. Treasury, but the payment for the land that is

homesteaded does concern you. The Government collects

from the homesteader and pays it over to you. The bill

also provides that all land not taken by actual home-

steaders at the expiration of four years [13] will be sold

at public auction to the highest bidders at a price not less

than $2.50 per acre. It provides for the same amount of

money for the purchase of stock cattle as the agreement

of two years ago did; and all the rest of the money

received from the proceeds of the sale of the land is to be

paid to you as provided in the first agreement. My

friends, I understand that it is doubtless difficult for you

to understand this as I do, but I am here to explain it and

make you understand it. There is a great demand for land

at the present time in this country, and understand that

under the late decision of the Supreme Court of the

United States, there are no large tracts of land on any

reservation that will remain long before being opened to

481

settlement. If the Indians have surplus iands that they are

not using, and if they refuse to entertain a reasonable

proposition and fair compensation for them, Congress

will open them regardless of their wishes. It is the desire

of the Secretary of the Interior and of the Commissioner

of Indian Affairs, and many of your friends in Congress

that you receive the best prices that your land will bring

but you will have to receive payment for them from the

proceeds of the sale of the lands, and it is for you to

consider this matter very carefully. I am here to negotiate

a treaty with yqu and if there are any questions that I can

not answer, I will telegraph the Secretary for instructions.

The Secretary and Commissioner have your welfare at

heart and desire to do what is best for you and I am here

to try to effect an agreement that will protect you fully. I

wish to say that when negotiating the treaty with you

two years ago, I had some discretionary power, but I am

powerless to make any change in this. But if there is

anything in the bill which you do not like, I can submit it

to the Secretary and ask for instructions in the premises.

The Government demands the opening of Gregory

County and it will be opened. If we can enter into an

agreement that will be satisfactory to yourselves and

acceptable to Congress, it will be best for you. If you

refuse to negotiate and turn your backs on this, Congress

can open your lands just the same. I do not wish to be

[14] understood that Congress will take your lands

without compensating you for them, you will doubtless

be allowed what was provided in your agreement. In

order to meet your wishes, some concessions might be

made to you. It is possible that Congress might be

induced to make certain concessions. It would be useless

for us to conclude an agreement that Congress would not

look favorably upon, and I know that any agreement

entered into with you here, and approved by the

482

Secretary and Commissioner would be more apt to be

ratified, even though it favored you more than a bill

prepared in Congress and passed by that body, and I

therefore regard it for your best interests that we

conclude an agreement along the lines desired by Con-

gress.

Each of the four speakers here today stated that they

were ready to call the agreement off and retain their

lands as they existed two years ago. In so far as the status

of your lands is concerned, there is no question about

that, your land remains just as before the agreement, but

that tract will not long remain so. If we fail to make an

agreement, this coming session of Congress may enact

laws that will open these lands, and I hope to make an

agreement with you that wii! meet the wishes of

Congress. . .

I wish you to look at this matter in a very serious light.

I hope that you will take a proper view of it. I want you

to tell me any objections which you have to the bill as it

is presented to you. If there are any changes that I can

bring about myself, I will cheerfully do so, and if there is

anything that I am not privileged to act upon I will refer

it to the Secretary for instructions. It is impossible for me

to know what is in your minds unless you express your

thoughts. If there are any objectionable features, any-

thing in the provisions of the bill that you do not like, I

want you to state them to me.

HOLLOW HORN BEAR:- |

I have lots of complaints to make. I am an Indian and

have little wisdom but I remember what we have lost in

the years past. I [15] want to ask questions about Gen.

Crook’s treaty. He said that the first three years the

allotted land will be $1.25. He told us that there was

three millions of dollars in the Treasury of the United

States to the credit of the Indians. For the fourth and

483

fifth years it was seventy five cents per acre, and all the

rest of the land, good or bad was fifty cents per acre.

There were twelve sections in the agreement that you

made with us. One of the first things you talked to us

about was to pay us. I have not seen any of the money

yet. Of course, we ought to be paid before this, now two

years are past, and no money yet. Where is that money? I

guess the Government got it. I think there are some

words in the new bill that you read to us that are covered

up. I am afraid that if I sign this new treaty that you will

take it from us and not give us any pay only the school

land money. Now the white people will not take this land

in four years, they will sit and wait for it to be sold at

auction and then they think they will get it cheaper.

When Gen. Crook made that treaty, the white people

didn’t take the land for $1.25 per acre; they waited until

it got cheaper. I can look at the past and know by that,

that we will not get the money for our land. The land left

over will not sell, the people will not take 160 acres of

rough country. When we sold our land for five and ten

cents per acre, we did not know how much an acre was,

but now we have learned more, and know and remember

about all these things. We can see that the Great Father

has made immense money out of our lands. And now you

come here and tell us that an Indian had a lawsuit and he

got beat. The Indians here are not citizens yet. We can’t

vote for the President. If Congress opens our land, we will

feel like prisoners within our own country. I have taken

my allotment of land, and the Government gave me a

Trust Patent, why does he not give me a deed that will

last always and not only 25 years? The Great Father is

without mercy on us. When a man speaks English,

everything is decided in his favor. You ought to have

mercy on us, we want to be good people. You say that

this land will be opened up without our consent. That is

| |

484

not right, the land belongs to us, and you ought to go

home and tell the [16] Great Father so. Our treaty was

not complied with, and we have great cause for com-

plaint. When you came here before, I was in New York;

and when I came back and saw the treaty, I knew that it

was good and I told my people to sign it. I fooled myself

and made a mistake with my people. The modification of

the treaty tears it to pieces, it is of no effect, and we will

keep our land, and the Great Father can keep his money.

I have nothing against you and the Agent, Congress is to

blame. The Great Father gave us the land for twenty five

years, now he undoes that and opens up the land.

PICKET PIN:-

I want to say a little word. I am one of the chiefs of

these Indians. If you had kept the other agreement that

you made with us two years ago, we would consider this

new treaty, but now we are going to keep our land. You

can go home and tell the Great Father that we will not

give up our land like this.

INSPECTOR McLAUGHLIN:-

My friends, 1 wish to say to you that I would not and

do not take second place to any man in the U.S. in my

desire to benefit the Indians. I have a great many friends

among the Indian tribes. That friendship has been gained

by friendly dealings with the Indians, and by always

making true statements with no misleading words. I could

come before you and say v’ords that would please you,

that would sound sweet to your ears, but if they were not

true, you would learn to despise me for them, therefore I

make it a practice to tell Indians the truth on all

occasions. It is much better for you to know the truth

about these lands, and when I told you that your

unallotted lands in Gregory County might be opened

without your consent, and in saying so, I told you the

truth; but [| did not say that such will be done.

«

-

ee eee

485

I fully believe from your talk here today, that you

have not considered the question I put before you. The

only question before you to consider is the identical tract

of land that you negotiated for two years ago. Your

reservation apart from that tract is not [17] involved and

is not affected by the question under consideration. It is

the unallotted lands in Gregory County only. I believe

that we could come to an agreement, if we only discussed

the matter we should discuss. I would suggest that you

appoint a committee of say about eight or ten men and

come here and talk with me, and you could then explain

the matter to the people in full council, so that you

would understand it as well as I do. I am not feeling well

today and am afraid I have not done myself justice in

explaining the matter, but I wish you to consider the

proposition among yourselves and not return to your

homes, until you have reached some conclusion. Every-

thing I can do for you in the premises, I will cheerfully

do. Any change that you may desire to have made to

protect your interests, I will consider and any reasonable

concessions that you may request, I will ask the Secretary

for instructions, but any concessions made must be such

as to meet the policy of Congress and we must bear that

in mind. I wish you to council among yourselves tonight,

and come to see me tomorrow at ten o’clock. Do you

consent to my proposition to meet me tomorrow at 10

o’clock?

INDIANS:-

Yes.

Council adjourned at 6 P.M. July 29, 1903.

Council reconvened at one o’clock on Thursday, July

30, 1903, with Agent McChesney and about 165 Indians

present.

INSPECTOR McLAUGHLIN:-

I am pleased to see so many of you here today. This is

486

a larger gathering than we have had at our councils

before, and I hope that you have come to some

conclusion at your councils last night among yourselves,

and I am ready to hear what your decision may be. Just

before adjournment last night, I suggested to you the

advisability of appointing a committee of eight or ten

men to act for the tribe. I did not say that you should do

so, but simply suggested it to you. You can act as you

please in the matter, either discuss the question in open

council or appoint a committee to act for you.

[18] TWO STRIKE:-

My friend, I am going to tell you what I think about it.

We come here today as we came two years ago. You told

us that you will give us $2.50 per acre for the land; you

took our names and went home to the Great Father. We

have been waiting for two years to see what the

consequence of this treaty would be. It has amounted to

nothing. Now we hear the news that the price of $2.50

per acre is done away with. You have shoved the land

back to us and we will take it again. We don’t want to sell

the land to some farmers. We want to sell the land to the

Great Father, and no one else. We are poor Indians, we

are starving to death at the present time. I know that you

white people want the land, and it is worth $5.00 per

acre and now that the deal is off, we are glad to have our

land back again. If we make a new treaty, we want $5.00

per acre for it.

HE DOG:-

The men here gave me power to speak for them. They

chose ten men to speak at this council this afternoon, and

I was one of them. I speak for them as well as for myself.

What you promised us the last time you were here was

not accomplished. We don’t want to sell the land now

and the Great Father can not have the land again. We are

glad to get it back again.

—

487

HIGH PIPE:-

I am chosen to speak for my people this afternoon.

What I say is what they think. We made a good treaty

with you two years ago, with a good heart and all the

Indians were satisfied, but since the treaty was modified,

the people don’t like it and don’t want to sell the land to

white people. We have the land. We will keep it. We have

decided this.

THIN ELK:-

I was selected as one of the speakers and I am going to

talk. You took the treaty home with you two years ago.

Now that treaty was not complied with, so we are going

to keep our lands.

[19] WHITE HAWK:-

You asked us for our land two years ago. You offered

us $2.50 per acre for it. Do you remember that? It was

not complied with and the whole thing has fallen through

with. The Great Father can keep his money, we will keep

our land as it is.

BULL NATION:-

I will talk again today as I did yesterday. Two years

ago you promised us $2.50 per acre for the land, you

didn’t give it to us, so this treaty is all off.

REUBEN QUICK BEAR:-

The Indians told me to speak for them. This land we

consider belongs to us Indians and the Great Father

wants the land back because he has sent you here again.

You told us two years ago that you had to have

three-fourths of the Indian’s consent. We gave that

consent, and you went home with the agreement and

then Congress changed it and sent it back to us again and

you are here to talk about it. Before, you promised that

the Great Father would pay us, now you say that the

land will be sold to white people by the Government.

You say that they will pay fifty cents when they enter

488

the land and fifty cents for the next four years. We don’t

like this new way; we don’t want to sell to white farmers,

and we won’t do it either.

ALLEN NIGHT PIPE:-

I never have spoken to a large number of people before,

but they have chosen me as a speaker. The Agent will

remember that I have asked him about the selling of our

land and I| have asked him why we did not get the money

as agreed. This agreement of two years ago was signed by

three-fourths of the Indians with a good heart. It was

taken home to the Great Father. The Secretary and the

Senate was pleased with it. You told us that the Senate

was pleased and passed the bill. You said that some of the

members of the House of Representatives were pleased

with it, but when it came to the full House, you told us

that it did not pass. That was wrong. You said that

members of the House modified this bill. That was wrong

[20] again, and our hearts feel bad towards those that

were not pleased with the bill as it was signed by us, but

as it was not, we will take it back again. We will not sell

for less than $2.50 per acre and that to be paid by the

Great Father. The land is ours, and we will keep it.

GRAY EAGLE TAIL::-

The Indians pushed me forward as a speaker and I have

come to the front as they told me to do. The people in

the past, have had me talk to the Agent for them. We sold

the land two years ago. We have asked the Agent why the

land was not paid for. We want that money before we

die. Many of us have died in the past two years, who have

had no money from this land. Many of us will die before

we receive any money from the land, if the Great Father

does not pay us.

REUBEN QUICK BEAR:-

Hollow Horn Bear is to make a speech but we want to

hear from you before Hollow Horn Bear makes his

speech.

489

INSPECTOR McLAUGHLIN:-

As the sun is hot, I will speak to you with my hat on. I

wish to say to you that in the past the Government has

purchased lands from the Indians and paid them directly

from the U.S. Treasury. That has been the practice from

the first treaty with the Indians up to quite recently, but

Congress has decided upon a new system of paying

Indians for surplus lands that they may have to dispose

of; by paying them only what may be realized from the

sale of the land. The bill which I have presented to you

and which I hope to conclude an agreement in conform-

ance with, provides for the same price which was

promised to you two years ago, but instead of the

government paying directly from the U.S. Treasury, it

collects the money from the sale of the land and turns it

over to you which is one and the same thing, and

whatever is realized from the sale of the land, will be

turned over to you; every cent, every copper. Any

agreement that we may enter into for the sale of this land

in conformance with [21] the requirements of Congress,

will provide for the amount which was stipulated that the

Government was to pay by your agreement of two years

ago, but understand me, the agreement will not provide

for the payment of certain sums at certain times. We can

not make any calculations as to what will be paid each

year, but it must all be paid at the end of five years and

six months from the date of entry; and this assures you

practically the same as was provided for in your former

agreement, which provided for five annual payments.

I fear that this matter is not fully understood by you. I

would have been pleased to have had the former

agreement ratified, because I know that it was good for

you people and the Governmert also; but as that failed of

ratification, I am here to enter into an agreement which is

similar to that of two years ago, except as to the manner

490

of payment; which manner of payment makes it impossi-

ble to state definitely what amount can be paid to you

each year. My friends, it is almost two years since we

negotiated that agreement for your lands, and what

benefit have you received from these lands during that

time? You have not received one cent from these lands.

Your relatives and people who are living there, will be

protected in their allotments, and it is only the unallotted

portion if the tract that we are negotiating for. I feel that

when we understand it fully, we can come to an

agreement, but the agreement must be along the lines as

provided in the modified bill. Remember you receive

every dollar that the land will bring and I feel quite sure

that the money which you will receive under the new

agreement will be as much, if not more, than what you

would have received under the agreement of two years

ago, for the reason that the land can not be sold for less

than $2.50 per acre and the bill provides that any one

who fails to make any one of the payments as they

become due, will forfeit the land and all that he has paid.

This land reverts back to the Government and is sold

again, so that whatever is paid on land thus forfeited is

that much more for you Indians than you would have

received under the old agreement. There will probably be

entrymen who can not [22] make payment, and all this

money will be in excess of the $2.50 per acre that you

will receive. You have said that you want to call this deal

off. You are not using good judgment in coming to that

decision. Congress wants the land opened; the people of

the country want the land opened, ard now it is for you

to make the best bargain you can for the land. It is of no

use to you now, you are deriving no revenue from it now.

You will still have as large a reservation as Pine Ridge

after this is cut off. White men going into that country

will build houses and make improvements and the value

- ) Spina

491

of your land will be enhanced. Rumors have reached me

that there are some provisions of the bill that do not

meet the wishes of you people, and as I told you

yesterday, I want to know what your objections to the

bill are, and if I can do nothing in meeting your wishes, |

will telegraph to the Secretary for instructions. I don’t

want you to say that the Government can keep its money

and you wil! keep the land. I am here to make an

agreement with you along the lines of the bill, and the

delegation from this state is very desirous to have that

country opened to settlement. The members from your

state are your friends, and it is your duty to listen and

consider the matter.

You want to drop the words, “Let the government

keep its money and we keep our lands.’’ Look at the

matter in the daylight and not on the dark side of it. You

have the land, you don’t need it, and the Government

wants to open it and now the question is what sections of

the bill do you want to have changed to meet your

wishes?

HOLLOW HORN BEAR:.-

These last few days have stirred up my heart all

around. You are treating us like General Crook treated

us. It pretty nearly kills me. The Great Father wanted us

to touch the pen and then he said he would take the land,

but he did not do it. We understand the bill. I understand

the bill and I have told my people about it. Our council

two years ago was very good, why don’t you protect us

with that? You ought to say to Congress that they must

ratify the treaty. This is your business to do that. The

land in Gregory County is the best land that we have. We

want to get the worth of it.

[23] We know that it is valuable as well as the white

man. The two sections of land that the Government

agrees to pay cash for, that is all that we will get out of

492

the land. When are we going to get our pay for that?

Some of the land will wait for years and not be taken by

any one. They will not take the land even at $1.25 per

acre in Gregory County, they will wait to get it cheaper.

If the land is sold at auction, we won’t get anything from

it. You say that if the white man who enters the land

does not pay for it the Government will take the land

back again, and it will keep it too. You said two years ago

that we would be given $30.00 per capita for five years

and two head of cattle to cach person, but you see that it

all falls to pieces. This new bill provides that you will

issue cattle in October. You might as well give the cattle

to us in the winter time, they will all die, we will have no

hay for them. Have you the power to telegraph to the

Secretary and find out about this?

INSPECTOR McLAUGHLIN:-

Yes, I have such authority, but there is no necessity for

me to do so as yet.

HOLLOW HORN BEAR:-

If we sign this modified bill you take it home to

Congress and they do not see fit to ratify the bill, then

the sale is all off again, and we will get no money. We are

afraid that you will do like Gen. Crook did. You told us

that Congress had power to open up our lands without

our authority. Will you take oath to this?

INSPECTOR McLAUGHLIN:-

I Will. (Rises and holding up right hand repeats the

following)

The Supreme Court of the United States, from which

there is no appeal, has decided that Congress has the

power to legislate for the opening of Indian reservations

without consulting the Indians. That the Indian is the

ward of the Government, and the guardian may do what

is deemed best for the ward, therefore Congress has the

right to enact such laws without obtaining the consent of

the Indians.

493

|24] This decision was rendered in the case of Lone

Wolf, a Kiowa Indian. All officials bow to the decision of

the Supreme Court; the President, Cabinet officers and

Congress. The Supreme Court is the court of the last

appeal. This is the final end of all disputed questions. The

title of Indians to their lands is simply occupancy; and

when Congress is convinced that Indians have more land

than they can properly use, it may open such lands to

settlement.

It is to conserve and preserve the three-fourth majority

rule in your affairs, that the Secretary, the Commissioner

and the delegation from South Dakota are desirous of

effecting an agreement with you; and I hope that rule will

never be broken among the Sioux Indians, but Congress

can break this rule if it sees fit to do so.

HOLLOW HORN BEAR:-

Was not the decision of the Lone Wolf case given

partly because he was self supporting? Gen. Crook told us

that this money was deposited in the Treasury of the

United States to our credit. Where is that money now?

INSPECTOR McLAUGHLIN:-

It is still there, and it is drawing $150,000 per year

interest. $75,000 in cash and $75,000 for school pur-

poses. Every year the Sioux receives per capita payments

from that interest bearing fund.

HOLLOW HORN BEAR:.-

I have always thought this land belonged to us, but

now since this decision, I believe that our land will be

taken away from us.

INSPECTOR McLAUGHLIN:-

No, you are protected in that.

HOLLOW HORN BEAR:.-

Then do I understand that Congress is going to open

up our land without the consent of three-fourths of our

people here. Is this true?

494

INSPECTOR McLAUGHLIN:-

I have not said that Congress would do so, but that it

had the power and might do so, but I am sent here to try

to make an agreement [25] with you that three-fourths

of you will sign, to preserve that rule.

HOLLOW HORN BEAR:-

You go home and tell the Great Father we don’t want

to sell any more land to him. Before they take our land I

will go home and cut some hay, so I can have some for

next winter, and we will now break council and go home.

(Indians all started to leave the council)

INSPECTOR McLAUGHLIN:-

I wish to say one word more, I have too much interest

in you people to allow you to leave so abruptly. You

ought not to act so hurriedly and thoughtlessly. You are

doing something that you will be sorry for, I am here as

your friend, I am not here to take anything away from

you without full value therefor, and it is not proper for

you to leave so abruptly without first giving the matter

due consideration. I am here in your interest as much as

in the interest of the Government, and I don’t want any

of you to feel that I would take any advantage of you,

for I would not. I am prepared to enter into an agreement

with you that is as good as that one of two years ago, but

you have failed up to the present time to make any

suggestions to me as to what changes you would want in

the bill. You should state what part does not meet your

wishes, tell me what changes you want, and I will see

what can be done about it. I would like to have a

committee appointed to meet with me to discuss the

matter understandingly.

HOLLOW HORN BEAR:-

I have just told you some things that we objected to.

The bill provides for a payment at the time of entry of

the lands and then jumps two years without any

495

payment. After four years they will sell at auction to the

people 160 acres. No one will buy it that way. No one

wants 160 acreas of that rough land that will remain,

which is only fit for grazing purposes.

INSPECTOR McLAUGHLIN:

Do you mean by that that you object to the land being

sold in tracts of 160 acres?

[26] HOLLOW HORN BEAR:

Yes. They ought to let a man buy as much as he wants

to of the rough land that will be left by the home-

steaders. They ought to sell enough to one man to range

his cattle on, and it would be worth more to the

purchaser in that way and a better price would be gotten

for us by selling the rough grazing lands in thay way. A

railroad has been built right up to our lands there since

you were here two years ago, and all lands there have

increased in price and we want at least as much for that

land as was provided in our agreement of two years ago,

which can not be realized from the provisions of the bill

you have presented.

The land that would be taken as homesteads by

farmers would have to be sold for more than $2.50 per

acre to make up for the rough grazing lands which would

not bring the price that the farming lands would.

INSPECTOR McLAUGHLIN:-

As your friend, I wish you to consider this matter

further among yourselves, and return here when you have

given the matter more careful thought. Will you do so?

Many Indians:-

Yes, but we can not return short of a week. The Agent

is to pay us for labor a week from tomorrow and the

following day, and we will met you in council again that

day, but not before.

INSPECTOR McLAUGHLIN:

I dislike to delay so long, but to meet your wishes, I

496

will do so; and we therefore will meet here in council a

week from tomorrow as you request. The Council is now

adjourned until Friday August 7, 1903.

Council adjourned at 4:30 P.M.

[27] Council reconvened at four o’clock, Friday,

August 7, 1903, with Agent McChesney and about 350

Indians in attendance.

My friends, | am more than pleased to see so many of

you here today; many of you present not having attended

our earlier councils. We adjourned a week ago yesterday

with the understanding that we would meet in council

again today, it being understood that many of you who

had not attended our former councils would be here

today to receive labor money due you. Since our last

council, I have visited Sioux Falls and had a very pleasant

interview with Senator Kittridge. I telegraphed to Con-

gressman Burke from Sioux City to try and make an

appointment with him but he was obliged to go to

Chicago and therefore I was unable to meet him. I had

the twenty-six pages of the minutes of our former

councils, up to the time we adjourned last week, with me

and Senator Kittridge read them and was very much

interested in same. I explained to him that some

modifications would be necessary in the bill before it

would be acceptable to you people, and I wanted to

ascertain his views in relation to the modifications that he

thought proper to concede in order to satisfy your wishes

in the matter. I have given this matter a great deal of

thought during my absence and since I returned today,

and have been considering some changes which I think

will meet your wishes. I have an agreement outlined

which requires some filling in, and since my return I have

been thinking about it and shall complete it tonight and

read it to you tomorrow and will then know if it meets

your wishes. The changes which will be made in the bill

497

will be based upon the last few minutes talk we had in

our last council when Hollow Horn Bear stated the

provisions in the bill which were objectionable to him

and I presented the matter to you. Hollow Horn Bear

objected to the bill providing for a certain payment at the

time of entry, then jumping two years without any

payment. The bill provides that all land not sold at the

expiration of four years shall be sold at auction in not to

exceed 160 acre tracts to any one individual.

[28] Hollow Horn Bear concurred in the land being

sold in tracts of 160 acres each, but as many of such to

individual bidders as they were able to pay for. That a

man should be allowed to buy as much of the land as he

chooses, provided his bid was the highest and he had the

money to pay for the land.

I know that since our agreement of two years ago, a

railroad has been built near your land, as was stated by

some of your speakers, and that this will be of great

benefit to those who will buy the land as well as a benefit

to the Indians living in the Ponca Creek District. Your

speakers also stated that the good land, the agricultrial

tracts, will all be taken at $2.50 per acre and the poor

land fit only for grazing purposes will be left after all the

good land is filed upon, and this poor land will not bring

$2.50 per acre, therefore you demand a higher price than

$2.50 per acre for the agricultrial land, because you want

it to average you as much at least as was provided for in

the former agreement, $2.50 per acre throughout.

It would be useless for us to conclude an agreement

that would not be ratified by Congress, and that the

South Dakota delegation would not approve of; therefore

I consulted with Senator Kittridge regarding the matter

and obtained his promise of support to a modified bill

that I think will meet your wishes.

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Some of your young men came to see me the evening

before my departure for Sioux Falls and talked of several

matters, one of which was their desire for a provision in

the agreement whereby the self-supporting men of the

tribe might sever their tribal relations and secure the

tribal benefits due them, and if it is your desire I will

include such a provision in any agreement we may

conclude.

As I told you in our former councils, that county will,

without doubt, be opened at the coming session of

Congress and I am willing and ready to enter into an

agreement that will cause you to realize as much out of

those lands as you would have realized if the former

agreement had been ratified.

[29] There are a great many persons here today who

have not been present at any of our former councils.

Your relatives who have attended these councils have no

doubt explained to you the provisions of the bill, and I

deem it only necessary to say to you that these

negotiations embrace the identical tract of land that you

ceded by your agreement of two years ago, the same

tract, nothing additional. The bill provides the same price

per acre as provided by the former agreement, that is the

land can not be sold for less than $2.50 per acre, but I

can not state definitely what amount you will receive

annually. The land is sold to homesteaders at $2.50 per

acre, every cent of which the Government will turn over

to you. The Government acts as trustee and all that is

realized from the sale of the land each year, until fully

paid for, will be paid to you annually.

I have just consulted with your agent as to the most

suitable hour to have our meeting tomorrow and have

concluded upon two o’clock as the hour to assemble. I

will then have the agreement, as I have it in my mind

today, written out, and ready for your signatures, and I

MOAI GP Ran me me Nn

499

believe that we can reach an agreement which will meet

your wishes. There is only one question between us at the

present time, the price of the land. You insist on

receiving a higher price for your agricultrial land than

$2.50 per acre, for the reason, as you state, that the

poorer lands, the grazing tracts, will be left over, and

when sold at auction will not bring as much ~ the

agricultrial land.

The other matters that you have contended for in our

councils, I believe that I can meet to your entire

satisfaction. I will be very careful to see that the amount

provided for in this agreement in the aggregate will fully

equal the amount you would have received had the

former agreement been ratified. This is all that is neces-

sary for me to say to you. I will have the agreement ready

tomorrow and will read and explain it to you section by

section, and I hope that all of you here assembled today

will remain until tomorrow, for this is a matter that is i

great interest to you. If any of you not at our former

councils wish to ask any questions, I am here to explain.

[30] HOLLOW HORN BEAR:-

I have a few words to say. Don’t cut us to pieces, we

came here to have a talk. You come here to meet the

different chiefs more than the other people. You talk

with the chiefs, and they talk and advise their people. I

thought when we come here today that things would be

all fixed up for us, as we told you before of the things we

don’t like in the bill. We thought that you would be

ready to tell us what you could do to help us.

You said that some of the young men that don’t draw

rations came to you the other day and wanted to get

what was due them from the tribe and then leave us. We

don’t like that. The Great Father is trying to civilize the

people. We got up a petition and sent to the Great Father

in regard to this matter, and if you put this in the

500

agreement, we consider that it would be setting this

petition aside. You can see all these people here, we don’t

get rations. If you are going to make a law, it concerns us

all. In the past ten days we got some rations, we got seven

and a half pounds of beef for ten days. I wonder what is

going to become of us in the future. We are anxious to

hear what you have prepared to tell us. You ought to tell

us now. I asked you to tell the Great Father that we

wanted him to buy our land himself, and that is what we

want. We don’t want to sell our land to white people and

have them wait five years to pay us $2.50 per acre. You

have told us that there will be some cattle issued to us in

October. We want them issued to us in the spring instead

of October. I am not saying this for myself, I am saying it

for all my people. We came here to meet you today and

hear what you had to say to us and then go to our camps

and talk about it. We want to hear the provisions of the

new treaty that will suit us, so we can go and talk about

it with a good heart like when we are courting women.

We know that you are our friend, that you are a friend of

the Indians, that you have a family of Indian blood, and

when you work for us, you work for them also. We are

anxious to hear from the Secretary and the Commis-

sioner, you have told them what we want.

[31] Yesterday I had a long talk with my people. I

told them to honor you and the Agent as much as

possible and consider all that you say to them.

INSPECTOR McLAUGHLIN:-

My friends, you understood me to say that cattle

would be issued to you in October, it is a misunder-

standing, for I never made such statement. The bill

provides that you should receive the same number of

cattle that the former agreement did, that is, that

$250,000 should be expended in the purchase of cattle,

this would give about two heads of cattle to cach person.

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3 etd een

501

The bill does not provide the time of year that you

should receive the cattle, that is discretionary with the

Secretary, Commissioner and Agent, and none would be

delivered later than July; I think May and June would be

the months that you probably would receive the cattle.

I said that one half of the money received from the

sale of the lands the first year would be paid you in cattle

and the other half in cash. The bill provides that there

shall be an accounting and settlement in the month of

October of each year, that is, there shall be an annual

settlement with you for all money received from the sale

of the lands in the month of October of each year until

the lands are fully paid for. I said nothing about cattle

being delivered in the month of October. For instance, in

case we should enter into an agreement and Congress

should ratify it, the land would probably not be opened

until July next, and the money would be paid immedi-

ately after the land was opened and entry of same made.

The first payment would be made as soon as practicable

after it was paid by the entrymen. In the month of

October you would receive one half of all the money paid

in, but the other half of the money would be invested in

cattle, which you would not receive until the following

spring.

My friend, Hollow Horn Bear, said that he thought

that I would returm with the paper all written out. It is a

very difficult thing to write out an agreement of so great

importance, and I was not able [32] to do so, while on

the train or on the stage, but waited until I should return

here, and have a quiet place. I will explain what the

agreement will be that I propose to read to you

tomorrow. It must be along the lines provided in the bill

as far as the payment is concerned, but the amount of

money that you will receive annually, can not be stated

in the agreement. For all the land taken by the settlers

502

under the homestead act, I will provide that you receive

at least $2.75 per acre for it, and that the homesteaders

shall pay at the time of entry seventy-five cents per acre

and then forty cents each year, the following five years;

which means that you will receive $2.75 per acre for all

the good land, the agricultrial land. The forty cents per

acre annually, that you will receive for five years will

amount to $2.00 and the seventy-five cents that you will

receive at the time of entry will give you $2.75 per acre

for your farming lands. As I stated before, if any man

makes entry on a piece of land and fails to make a single

one of the payments when it becomes due, the land is

taken away from him and all that he has paid is forfeited.

The amount that such entrymen may have paid goes to

you, and you will receive this money in excess of the

$2.75 per acre that will be provided for in the agreement

which I will submit to you tomorrow. This land thus

forfeited, by the entryman failing to make payments,

goes back to be again disposed of by the Government

who will sell it over again at the same price.

I feel quite confident that all the land that is suitable

for agricultrial purposes will be taken within ninety days

after the tract is declared open, but in that section of the

country there is a great deal of rough land that can never

be cultivated profitably, therefore to protect you people,

it is necessary for you to obtain the highest price possible

for the agricultrial lands. The question raised by you in

our last council that any man should be allowed to buy

as much of the rough grazing land as he is able to pay for,

and not be limited to 160 acres appears to me quite

reasonable, and it is no doubt true that if a man were

allowed to purchase say eight or [33] ten quarter

sections, it would find a quicker market and bring you a

higher price than if purchasers were limited to tracts of

160 acres only. I believe that every foot of land would be

wank stale al inate. ———

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sold if disposed of in this manner, and you would realize

all that the land would bring, while if it were sold in small

tracts and only 160 acres to an individual, there might be

some that would not sell at all. This was the particular

point that I talked with Senator Kittridge about, and he

said that he would do his best to have Congress ratify

that part of the agreement, for he thought it only fair to

you people. Remember that Sections 16 and 36 in each

township, aggregating 28,000 acres, is paid for by the

Government at $2.50 per acre direct from the U.S.

Treasury; that money is available immediately after the

land is opened. Also three tracts of land, one for a

Catholic Mission, something less than 80 acres, and two

tracts for Congregational Missions, of 40 and 80 acres

respectively, or little less than 200 acres in all, is also paid

for directly from the U.S. Treasury: The 28,000 acres of

land for school purposes, that is, Sections 16 and 36 in

each township, will amount to a little over $71,000

which becomes immediately available after the opening

of the land. All the rest of the land not taken by

homestead settlers at the expiration of four years, will be

sold at public auction. I will prepare the new agreement

that I will submit to you tomorrow in such a way that it

will meet all objections to the bill, as you have expressed

yourselves. The only question is the price of the land. In

order to be understood, remember that you do not

receive cattle in October. You will receive cattle in the

spring; in the month of October there will be a settlement

and the money on hand then disbursed and paid to you.

I think I have made muself understood and you should

certainly be able now to talk this over intelligently, and

come back tomorrow at two o’clock, and I will have the

agreement prepared. After I read the agreement and

explain it, should there be any particular point that you

object to, it might be possible to change it to meet your

504

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wishes. This agreement must be prepared to conform to

the [34] general policy of the Government, at the same

time, I will prepare it so that no words will have a double

meaning, and nothing covered up. That cattle would be

delivered in the month of October, is not intended and I

don’t want that impression to get out among you people.

This is all I have to say, and we will adjourn to meet in

council tomorrow afternoon at two o’clock. Council

adjourned at 5 o’clock, P.M. August 7th.

(Hollow Horn Bear speaks to Indian assemblage, not

interpreted)

Council reconvened at 2.30 P.M. Saturday afternoon,

August 8th, 1903, with about 350 Indians in attendance.

INSPECTOR McLAUGHLIN:-

Thomas Flood interpreting,

My friends, according to my promise made to you last

evening, I am prepared to read the agreement which I

have written out to submit to you. I will hand one copy

of the agreement to your Agent and one to the

interpreter. In case we sign an agreement, this one in my

hand is the one that I will forward to the Secretary. I will

read it section by section so that it can be fully

interpreted, and that you may be able to understand it

fully. The first article is exactly the same as Article I in

the agreement of two years ago, but I will read it.

(Reads prepared agreement to the Indians assembled,

which is interpreted as read).

My friends, I have prepared this agreement with a great

deal of care. Your interests are well guarded, not a word

in it with a double meaning. I have made the modifica-

tions in the different clauses of the bill which you did not

like, and this agreement has been submitted by me to

Senator Kittridge and he said that he would give it his

hearty support. I allowed you Twenty-five cents more per

acre than the former agreement provided for, for the

DDG OV. bet ARAN Ee ar le

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505

reason that there is a great deal of rough broken country,

only fit for grazing purposes, and will not sell for so

much as the agricultural land; therefore I have increased

the price of your farming land. Now remember I have not

made any promises as to the different amounts of money

that you [35] will receive annually, but I have made

what I consider a conservative estimate. The school

sections in each township, that is, sections sixteen and

thirty-six amount to 28,508 68/100 acres, which will ve

bought by the Government and paid for from the

Treasury of the United States, and will amount to

$71,271.70. The Mission tracts embrace 198 57/100

acres which at $2.50 per acre amount to $496.67, making

a total of $71,768.37 which you will receive direct from

the U.S. Treasury. This leaves 386,473 89/100 acres to be

thrown open to settlement. I have estimated that there

will be 300,000 acres which will amount to $825,000.00:

leaving 86,473 89/100 acres to be sold for grazing

purposes, at auction, and I have estimated that this will

bring $2.00 per acre, which will amount to $172,947.78.

According to my estimate the total amount of money

that you will receive from the sale of the lands thrown

open to settlement will be $1,069,716.15.

The terms of this agreement which I have submitted to

you this afternoon, provides that the first payment to be

made at the time of entry shall be seventy-five cents per

acre and the 300,000 acres as estimated, which the first

payment of seventy-five cents per acre will be made

upon, will amount to $225,000.00, and the amount paid

for the school and mission lands direct from the U.S.

Treasury would amount to $71,768.37, making a total of

$296,768.37 that would be available for the first pay-

ment, one half of which will be paid in case, and one half

in cattle. I believe this to be a conservative estimate and

that this amount is likely to be increased rather than

506

diminished. If these figures are realized the first cash

payment would be $148,384.18, with cattle for a similar

amount.

At the end of the first year you would receive forty

cents per acre on the 300,000 acres which would amount

to $120,000.00, at the end of the second year you would

receive forty cents per acre on the 300,000 acres which

would amount to $120,000.00. At the end of the third

year, you would receive another payment of forty cents

per acre, which would amount to $120,000.00 and at the

end of the fourth year [36] you would receive forty

cents per acre on the 300,000 acres, which would amount

to $120,000.00, and also at this time all the land not

having been entered under the homestead law will be

disposed of to the highest bidders for cash, and I have

estimated that it would bring $2.00 per acre and that

there would be 86,473 89/100 acres left unsold, which if

sold at the price named would amount to $172,947.78,

which added to the $120,000.00 would make a payment

for you at the end of the fourth year amounting to

$292,947.78, and the last payment to be made within six

months after the expiration of the fifth year amounting

to $120,000.00, or the last two payments might be

equalized, and give you an equal amount each of the last

two payments.

The agreement provides that you shall receive

$250,000.00 in cattle or one half of the receipts until the

$250,000.00 has been expended in cattle, therefore as

estimated by me, you would receive at the first payment

$148,384.00 worth of cattle, and a similar amount in

cash. At the second payment, which would be at the end

of one year from date of entry, you would receive

$60,000.00 worth of cattle, and at the end of the second

year you would receive $41,616.00 worth of cattle,

which would expend the $250,000.00 provided for

507

cattle, and after the third payment at the end of the

second year, all the payments would be in cash.

I consider my estimate very conservative, and I believe

that the amount that will be realized from the lands will

be even greater than I have stated, but I do not wish to

estimate too high and mislead you in any way or make it

sound flowery. On this estimate I have based my

calculations to figure out what amount of money you

would receive when the first payment was made on the

land. You are to receive seventy-five cents per acre for

the lands taken under the homestead law, which as

estimated would amount to $225,000.00, and the school

and mission tracts paid for directly from the U.S.

Treasury would amount to $71,768.37, this latter would

be paid at the time the lands were opened, and this would

make $296,768.37 available for the first payment, one

half of that to be expended in the purchase [37] of cattle

and the other half to be paid in cash. As estimated by me

the six payments added together would make a total of

$1,069,716.15 realized from the sale of the land, or

about $30,000.00 more than you would have realized

from the agreement of two years ago.

My friends, as I told you before, there has been very

little discretionary power allowed me in these negotia-

tions. I was detailed by the Secretary for this work, and

instructions were prepared for me in the Indian Office,

and I was directed to negotiate an agreement along the

lines of the bill as explained to you in our councils. There

were some portions of that bill which you were not

satisfied with, and I made a trip to Sioux Falls to confer

with the delegation from this state, and see if they would

consent to have certain modifications made which you

thought you were entitled to. I have made all concessions

possible in the modified bill read to you, and I would not

be justified in adding another word without instruction

508

from my superiors, and as stated to you in several of our

councils, it would be useless for us to conclude an

agreement, that the Secretary and Commissioner would

not approve of and which would not be ratified by

Congress. I have prepared the agreement very carefully,

and your every interest is protected in the wording of

each section. This agreement is very different from the

bill I presented to you. Every provision is much more

clearly worded and your interests better guarded, but the

land is sold and paid for as provided in that bill, which is

a new policy. The agreement which I submit for your

consideration is similar in every respect to that of two

years ago, except you have to wait for the sale of the land

to receive your money, and in addition to the $2.50 per

acre, provided in your agreement of two years ago,

twenty-five cents per acre is added for the agricultural

lands. I have endeavored to explain the different sections

of the agreement very clearly, and I am sure you all

understand it. If any of you wish to ask any questions I

am prepared to answer them.

HOLLOW HORN BEAR:-

There are several questions I want to ask. In the first

{38] place I wish to say that you and the Agent are our

friends, and we talk to you with a good heart. In Article

VI there is something I would like to ask you about. You

say that when the white men come on the land, the Great

Father has nothing to do with the payment of that land.

INSPECTOR McLAUGHLIN:-

He has all to do with the land. He is the trustee for the

Indians and until the last cent is paid he has possession of

that land, and until he issues patents to the settlers, the

land is in his possession.

HOLLOW HORN BEAR:-

Suppose the people do not take that land what will

become of it?

De ee a Se OTe

509

INSPECTOR McLAUGHLIN:-

That is not possible. The land will be taken within

thirty days, that is, as fast as the Land Office can take

care of it. You, Hollow Horn Bear, have doubtless heard

that when the land was about to be opened two years

ago, there were thousands of people in close proximity,

ready to go on the land, and there will be the same rush

again.

HOLLOW HORN BEAR:-

If that was the case, the Great Father should have

bought it from us.

INSPECTOR McLAUGHLIN:

I have explained so many times that it is the policy of

the Government to act as trustee in future for such lands

and sell them for the Indians, but not to pay for them

out of the U.S. Treasury; and only from the proceeds of

the sale of the lands.

HOLLOW HORN BEAR:-

We are Indians yet, and we remember the laws that

have been made for us. The Great Father has made a law

that there must be three-fourths of the people consenting

before any action shall be taken by Congress. If they will

consider that law, then should not open _ that

Gregory County without our consent. If they do, I shall

[39] feel like a prisoner in my own country. Now, my

friend, you have your doubts about this, you can not get

up here and say before all these people, that we will

derive as much money from the sale of these lands under

the present agreement, as we would have received under

the former agreement. You can not say that we will

receive as much at the end of one year or two or three

years.

INSPECTOR McLAUGHLIN:-

No, I can not, but I can say that I believe in the end

you would receive at least as much, that is, at the end of

five years.

510

HOLLOW HORN BEAR:

The Great father stands good for the school sections,

that much money we would get out of the lands, but that

is all the money I see in sight. The balance of the money

is not in sight. When the Great Father agreed to buy the

land the other time, he took it all and was to pay for it,

and I said that that was a good agreement. This money

for our land makes me think of the meat that we get

these days. We get meat to last us ten days, I try to make

it last that long, but it will only last me five days. I can

see that the Great Father is going to pay for the school

sections, but the balance I can not see at all. If the Great

Father had sent you this time with as good an agreement

as before, we would be very glad to hear it. I don’t like

this agreement, and I don’t believe you do either. As I

said before if the Great Father don’t want to pay for the

land, let him keep his money, and we will keep our land.

There is another thing. You say in this agreement that the

white men are put in with the Indians, just the same. I

don’t like that. When you come here with a treaty and

want to get it signed by three-fourths of the Indians, you

tell us that the mixed-bloods are just the same, that they

are Indians, and you have them sign their names as

Indians, and then when these mixed-bloods want to start

a store or a meat shop, the Agent tells them that they will

have to get a license. You used these mixed-bloods as a

tool to get signers for your treaty, 7 1d when you are gone

they are no better off than before.

[40] The reason that I speak this way to you is not

because I have anything against you, but the people here

are poor, and the Great Father ought to have mercy on us

and try to help us. The Great Father tells us that he

wants us to become like white men; that he wants us to

become citizens, and when some of these young men

want to become citizens and get their rights, they tell the

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Agent so, he writes a letier and sends to the Commis-

sioner and that is the end of it. Now you have attached

this to this agreement, but Congress will throw that part

away.

INSPECTOR McLAUGHLIN:-

They can’t do that. It must be accepted as a whole or

rejected as a whole.

HOLLOW HORN BEAR:-

I will use some words that you said to us before. These

people accepted the last agreement, you took it to

Washington; it pleased the Commissioner and Secretary

and the Senate and part of the House but the full house

threw the agreement away. They took the good words

away and put in what they wanted. When you first came

to tell us of this agreement, the Great Father caused you

to make a mistake.

INSPECTOR McLAUGHLIN:-

I made no mistake at that time. But since then the

Government has adopted a new policy in paying for

Indian lands. I am pleased to know what is in your minds.

HOLLOW HORN BEAR:-

I think that is all that I care to say in regard to this.

(Two Strike speaks, not interpreted. Red Hill speaks, not

interpreted).

GHOST BEAR:-

Two years ago, you came here to make a treaty. I

spoke some words to you at that time. I told you all that

you said I would keep in my mind. Now I have kept

those words until you have come again.

512

[42]by the people of this Agency, and I would not

knowingly commit a single act that would lessen the

friendship. It is for you to decide whether you will ratify

the agreement by signing your names thereto or not.

WHITE WASH:-

I was not here when you came two years ago to make

that treaty. When I came back I heard that you had made

an agreement with the young men and they had signed,

and I have always been thinking about it for two years

now. If the Great Father had gone ahead and carried out

that old agreement, it would have been all right, but we

don’t care to have anything to do with this new bill. We

got nothing out of that other treaty, and many of the

Indians have died waiting for their money. I think many

of us will die before we get any money out of this land. I

want you to go home with this new bill and tell the Great

Father that it is not right. You ought to go home and get

it fixed.

LITTLE THUNDER:-

My friend, I have some words to say to you. You know

that in the past, we have been throwing our lands away

for nothing. We had some land that we thought would be

of some benefit to our people, the men, women and

children. Our young men have children and they are

coming all the time, where are they going to get land if

the white people take it all? There are three things that I

don’t like in this bill.

HIGH PIPE:-

My friend, I have this to say. This poor old man, his

name is Two Strike. He wants me to speak for him. This

man has children and grand children. He wants us to

consider this matter well for his people and children.

There is no surplus land. He wants his children and his

grand children to become owners of this land, and does

not want to sell it. The Great Father in his great council

513

has torn our agreement all up. Two Strike wants his

children to have $5.00 per acre for this land. These are

the words that Two Strike [43] wants to tell you, and

that he believes in the three-fourth rule.

QUICK BEAR:-

1 am an old man and have not much to say to you. I

came here today to see you, and I think it is my duty to

say these words to you. You came here before and you

wanted our lands at $2.50 per acre. At that time we

wanted to sell the land to the Great Father, and if our

agreement did not suit the Great Father, you should have

returned sooner to tell us. We waited two years. Now we

know that the land is valuable, and we want $5.00 per

acre for it. Two years ago, the Great Father could buy

that land for $2.50 but now we want $5.00 for the land

or we want nothing at all. This is all that I have to say

about it.

BIG TURKEY:-

I have not much to say. The agreement that you made

two years ago, that agreement did not stand, and I think

that you did not try to support that agreement as you

should. There have been times when we have been fooled,

and I don’t want to touch the pen again.

YELLOW HAIR:-

I am not your friend, you are my uncle. I was raised by

a white man. I am afraid of this new treaty. It is my

opinion that if we did sign it, you would back out again.

You did not carry out your agreement promptly. Then

another thing, there are many children being born, and

where will they get their land? We will soon be crowded

close together, and will be stamping on each other. These

children ought to have land before we give land to white

people. If you had carried out the former treaty, we

would have been rich at the present time. I know that

you are a good man, and you have been long among us

514

people. I want you to go back and talk it over with the

Great Father and then come back again to see us if you

wish to.

HE DOG:-

You remember that you were here before. Do you

remember what you said to us? When you were here

before, I told you that I wanted you to come back again

with a good heart. All the people here today [44] are

considering the matter and they told me to do what was

best for them. I am ashamed to say that I touched the

pen before, and was fooled. I won’t sign your paper this

time, and be fooled again. |

INSPECTOR McLAUGHLIN:-

My friend, He Dog, has reminded me of something I

wanted to speak of. He and many others will remember

that when I was here two years ago, there was opposition

to the agreement which I submitted at that time; more

opposition to that agreement than there has been to this

one. You will remember that there were five or six

hundred of you here and that you broke up the council

and all started off evidently intending not to listen to me

further; but I called you back, and arranged with some of

your ieaders to have our next meeting in the school

room. The reason that I did so, was because I knew that

the agreement was for your best interests. It allowed you

a good price for your land, and was liberal in every

provision. Very few of you regarded it favorably when I

first began talking with you about it, but now nearly

every one cf you who have spoken in council have said

that it was a good agreement. I had 1,031 signatures to

that agreement. I have explained to you in our former

councils why that agreement was not ratified, and that

these negotiations are for the same tract of land: I feel

quite confident that the agreement which I have prepared

will cause you to realize $30,000.00 more than you

515

would have realized from the first agreement; but the

manner of payment is different, and it is difficult for you

to understand. I can not promise you that you will

receive a certain amount of money each year at a certain

time, as was provided in the former agreement, but I an

confident that in the aggregate, at the expiration of five

years, which was the limit of the other agreement, you

will have realized more out of your land than you would

have realized from the former agreement. I am not here

to force you to accept this agreement. Your interests are

well guarded, and it is for you to say whether or not you

will accept it.

As far as I am individually concerned, it is all the same

to me whether you accept this agreement or not. My

salary goes on just [45] the same, and therefore I hope

that you will decide upon what is best for yourselves and

act accordingly. I have said that I do not want to hurry

you. This is now the sixteenth day since the opening of

our first council, and I feel that I would not be justified

in remaining longer, holding councils and coming to no

conclusion. If you are ready to accept this agreement, it

is ready to be signed. If you are not ready and willing to

sign the agreement, it is useless for me to remain longer. I

will report the result of the council to the Secretary. The

Secretary might conclude to send the papers back and

might not, but remember I have told you before, I feel

confident that the tract of land will be opened at the

coming Session of Congress and I hope that it will be

opened with your consent.

HOLLOW HORN BEAR:-

You have nothing more to say on your part, you have

said what you have to say. I think we ought to have one

more council, and I will get my people together tomor-

row, and then we will decide whether we will accept it or

not. I have been looking at this book in my hand, and

516

find that when we talked of selling our land before, some

of them wanted $5.00, $6.00, $10.00 and $15.00 per

acre. There were 1031 people that touched the pen then

and therefore I want my people to get together tomor-

row, and we will come to some conclusion and then come

and tell you what we have decided. I think it would be all

right for us to hold a council on Sunday and talk about it

in a quiet way, and we will not dance.

INSPECTOR McLAUGHLIN:-

You can consult among yourselves tomorrow, and then

let me know what your decision is on Monday. What time

can you meet?

HOLLOW HORN BEAR:-

Monday morning is Issue day, but we could meet at

two o’clock on Monday afternoon, August 10th.

PULLS THE ARROW::-

I object to this agreement. We want $5.00 for our land,

or we won’t have anything. I represent the votes of 55

men in Cut Meat District. We will not stay to sign this

agreement. We are going home [46] now, we will not

wait for Monday.

IRON WING:-

I am going home. I want $5.00 per acre or I want

nothing.

Council adjourned at 5.50 P.M. Saturday afternoon,

August 8th.

Council reconvened at two o’clock, August 10, 1903,

with Agent McChesney and about 130 Indians in attend-

ance.

TWO STRIKE:-

I don’t want these people to sign today. I want you to

go home and make a report to the Great Father that we

want $5.00 per acre, and then return again to us, and we

will meet again to talk about it. We are poor and hard up

and need all the money we can get out of the land.

517

WHITE WASH:-

My friend, today I say a few words to you again. This

old man that you see before you is nervous. If I had kept

account of the times I have been fooled by white people,

it would stack up as high as the sky. I have been here a

good while and know that the land is valuable, therefore

whatever you have brought to us to consider about our

land, I have taken an interest in. I don’t want anything to

do with the paper you have brought with you this time. I

won’t sign it. It don’t suit me. You go back to the Great

Father with what you have brought.

INSPECTOR McLAUGHLIN:-

My friends, we have met here today at the hour

appointed for us to meet when we adjourned last

Saturday. That adjournment was at your request to give

you time to consider the agreement which I explained to

you last Saturday. There was a large gathering here last

Saturday, nearly four hundred people, and I am sorry to

see so few of you present today. I see many of you here

that I believe are opposed to the agreement, and many of

those favorable to the agreement have returned to their

homes. I believe that many of those in favor lacked the

courage to come here today, but, my friends, those who

are friendly disposed towards the agreement recognize

what is best for [47] you people. I have taken all pains to

explain this matter to you, in a way you can not fail to

understand, and I am quite confident that you do

understand it, and I regard it unnecessary to discuss the

matter longer for the reason that those of you who have

made up your minds not to sign would not be changed by

anything that I might say and my powers of reasoning

along these lines is about exhausted.

I am not going to force you to sign, but simply invite

you to do so. I have signed the paper, it is here for your

signatures, if you desire to do so, and as I said in the

518

beginning, whether I secure the necessary number of

signatures or not, we part as friends just the same as

formerly. The agreement has been carefully prepared and

protects your interests fully, and it is now ready for any

one who assents, to attach his signature. One word more

and I am done. Any one desiring to sign this paper, must

be allowed to do so without coercion or intimidation on

the part of those opposed to the agreement. That is all.

REUBEN QUICK BEAR:-

I would like to tell you something about the council

we had yesterday. You say that you have explained this

matter to these people, and we took the matter under

consideration yesterday. That was what the council was

about. At that council there were representatives from

different Issue Stations and different camps. At that

council I was president and after taking the paper that

you had read into consideration, I asked the council to

vote on it. Six of the men there voted for the agreement.

All the other representatives from different camps voted

against it. The people have gone to their homes leaving

their representatives to vote against the treaty. The

reason that these people returned to their homes was

because of work. It is the time when there is much work

to be done, and they went home knowing that their

wishes would be reported to you here today. My friend,

we wish you to go home with your paper and we will go

to our homes as the owners of our lands.

[48] HOLLOW HORN BEAR::-

I would like to ask you something. You come here

with the law and you tell us that you have little

authority, discretionary powers. Now you tell us that you

have added twenty-five cents per acre to the price of the

land. Have you the necessary authority to promise us

that?

ne meee | Claimants —

etic ee Se

519

INSPECTOR McLAUGHLIN:-

I have the promise of Senator Kittridge and Congress-

man Burke to support me. Their word is as good as if it

were written on paper.

HOLLOW HORN BEAR:-

Do these men work in the Congress and the Senate

both? :

INSPECTOR McLAUGHLIN:-

One in Congress and one in the Senate.

HOLLOW HORN BEAR:-

Do you think that this agreement will ever be ratified?

INSPECTOR McLAUGHLIN:.-

They both assured me that they would do all they

could, and I believe that the agreement will be ratified.

HOLLOW HORN BEAR:-

Then I will put that down in my book. (Writes in

book). Another question that I want to ask. The r ixed

bloods from ’68 to treaty of 1889, are they recognized as

full blood Indians?

INSPECTOR McLAUGHLIN:-

They have been recognized as Indians, having all the

rights of Indians.

HOLLOW HORN BEAR:-

Do you think and will you stand by what you have

said in regard to the self supporting Indians becoming

citizens, that is, will you say that this agreement will give

the self supporting men their rights, and make them

citizens?

INSPECTOR McLAUGHLIN:-

I said that if part of the agreement is rejected, the

whole agreement stands rejected. No change can be made

in the bill without coming back to you for your

concurrence. This agreement will be [49] ratified or

rejected as a whole.

520

HOLLOW HORN BEAR:-

My frield, I want to tell you something else. If they

tear this bill to pieces again without asking me, I am

going to take a knife and kill myself. I consider that you

have given your word on this matter, that you have given

your word as a man and if you stand up here and do not

speak the truth to me today, I am going to kill myself.

The Great Father takes the law in his hands many times

and throws me over. We are not using that land, and you

are trying to get it from us.

INSPECTOR McLAUGHLIN-

Yes, but we are offering you a good price for the land.

I am here to negotiate for the lands in Gregory County,

nothing more.

HOLLOW HORN BEAR:-

All the Indians here want to remember what you have

just said.

INSPECTOR McLAUGHLIN:-

I am not fearful of that, for I always tell the truth and

a man fortified with the truth is always strong.

HOLLOW HORN BEAR:-

The Great Father is going to buy some of the land

himself. Will every cent that he pays for the land come to

us at the time of the first payment?

INSPECTOR McLAUGHLIN:-

Yes, every cent of the money paid for the school and

mission tracts.

HOLLOW HORN BEAR:

About how much would that be for each person?

INSPECTOR McLAUGHLIN:-

It would be about $14.00 per capita for the money

derived from the sale of the school and mission tracts.

And the money derived from the first payment as I have

estimated would amount to about [50] $29.00 per head.

521

HOLLOW HORN BEAR:-

If you take this home and it is not ratified, will you be

ashamed to come back here again with another paper and

talk to us?

INSPECTOR McLAUGHLIN:.-

No, I would not as it would not be my fault, but at the

same time, I believe that it will not come back for your

concurrence in any changes, for the reason that the

agreement conforms to the policy of Congress. The

objections to the former agreement was not on account

of price, but to the manner of payment.

WHITE HAWK:-

My friend, I want to say that this paper does not suit

me, and I won’t sign it.

GOOD BIRD:-

My friend, you told us that if this paper does not suit

us, we did not need to touch the pen. It does not suit me,

and I won’t touch the pen.

INSPECTOR McLAUGHLIN:-

I don’t wish to consume any more time with speeches.

The paper is ready for you to sign, and you must

determine, each for himself, but I would like to have you

sign, because it is for your best interest.

(Hollow Horn Bear then came forward and signed, and

was followed by others, until ninety of those present had

signed the agreement, whereupon the council was ad-

journed sine die.)

I hereby certify that the foregoing is a true and correct

transcript of the proceedings of Councils held by

James McLaughlin, United States Indian Inspector, with

the Indians of the Rosebud Reservation, South Dakota,

from July 24th to August 10th inclusive, 1903.

522

[Rear Coverleaf]

Rosebud Agency, S.D.

August 14, 1903.

Assistant Clerk.

Minutes of councils held by James McLaughlin, U.S.

Indian Inspector, with the Indians of Rosebud Agency,

S.D. from July 24th to August 10th, 1903., in reference

to the cession of their unallotted lands in Gregory

County, S.D.

523

[#13A]

[Excerpt from Report of the Commissioner of

Indian Affairs, 1901. Letter dated August 15, 1901

from the Superintendent to the CIA]

|371] The Indians living on the Rosebud Reserve

belong mainly to the Brule Sioux band, and the annual

census taken at the end of June last gives the following

results:

Males over 18 years of age ..........02- 1,368

Females over 14 yeasr of age ........... 1,628

Males under 18 years of age ............ 1,010

Fernales under 14 years of age .......... 91]

Total Indians on reserve ............. 4,917

Children between 6 and 16 years of age .... 1,238

The census was taken in a careful manner by a large

number of persons on the same day. The reserve is

divided into seven districts, with a farmer in each

district and assistants in charge of each, and _ these

districts are further subdivided into several school dis-

tricts, and in taking the census not only the farmers,

but the teachers and police and all other employees are

made use of. A census thus taken in one day by

persons who know the Indians, if carefully done, should

be quite accurate, and the results given above are

believed to be so.

Twenty-one Government day and one Government

boarding and two mission boarding schools have been in

successful operation during the ten months of the year.

The reports of the superintendent of the Rosebud

524

boarding school and of the day school inspector are

transmitted herewith and furnish the detailed informa-

tion regarding the schools.

[372] Special Allotting Agent William A. Winder and

his assistants are still engaged in the work of allotting

the Rosebud Sioux. The number of allotments made to

June 30, 1900, was 4.064 and from that time to June

30, 1901, 444 more were made, making a total of

4,508.

525

[#14]

(Memorial of South Dakota Legislature petition-

ing Congress to ratify the 1901 agreement with the

Rosebud Sioux)

[36 Cong. Rec. 148 (1902-1903)]

Rosebud Reservation:

Memorial of legislature of South Dakota favoring

ratification of agreement with Indians on 1559, 1626.

[36 Cong. Rec. 1559 (1903)|

Mr. Kittredge. I present resolutions of the legislature

of the State of South Dakota, favoring the enactment

of legislation providing for the ratification of the

present agreement with the Rosebud (Sioux) Indians for

the cession of all that portion of their reservation lying

in the county of Gregory, and praying that it be

opened to homestead settlement. I ask that the resolu-

tions may be printed in the Record, and referred to the

Committee on Indian Affairs.

There being no objection, the resolutions were

referred to the Committee on Indian Affairs, and

ordered to be printed in the Record, as follows:

State of South Dakota, Department of State.

526

United States of America,

State of South Dakota, Secretary’s Office:

I, O. C. Berg, secretary of state of the State of

South Dakota, do hereby certify that the attached

instrument of writing is a true and correct copy of

the house joint resolution No. 7, as passed by the

legislature of 1903, as the same appears of record

in this office, and of the whole thereof.

In testimony whereof I have herunto set my

hand and affixed the great seal of the State of

South Dakota. Done at the city of Pierre this 29th

day of January, 1903.

{Seal} O.C. Berg, Secretary of

State.

A joint resolution by the house and senate of

the eighth legislative assembly of the State of

South Dakota, memorializing the Congress of the

United States to ratify the existing treaty with the

Rosebud (Sioux) Indians for a cession of all that

hale a eee ee NS, ee eee ee eee ene 7

527

fertile in soil and rich in all natural reserves,

needing only settlement and development to trans-

form it into one of the choicest spots of our great

State; and

Whereas in its present state the coveted land

brings no revenue to the Indians and they desire to

cede it, as evidenced by their treaty; and

Whereas the acquisition of this Territory to the

taxable area of the State would mean the addition

of thousands to our population and the enlarge-

ment of Gregory County,which is now so small it

can not maintain a county government without an

annual deficit even with an excessive tax levy:

Therefore, be it

Resolved, That we, in justice to both the

Indians and out State, implore the Congress of the

United States to hasten a ratification of the exist-

ing treaty and to provide ways and means for the

early opening of this splendid body of land to

homestead settlement, under such restrictions and

conditions as they may deem wise.

DP a ee lt A te

portion of their reservation lying in the county of

Gregory, S. Dak., and praying that provisions be

made for opening said tract to homestead settle-

ment.

Be it resolved by the house of representatwwes

(the senate concurnng), That whereas one James

McLaughlin, as United States Indian inspector, did

on the 4th day of September, A.D. 1901, make

and conclude an agreement with the male adult

Indians of the Rosebud Reservation, in the state of

South Dakota, for a cession of certain described

lands lying and being in Gregor County, S. Dak.;

and

Whereas said body of land, comprising

approximately 416,000 acres, is reputed to be

[36 Cong. Rec. 626 (1903)]

By the Speaker: A joint resolution of the legislature

of South Dakota, relating to a treaty with the Rosebud

Indians—to the Committee on Indian Affairs.

————

ams

528

[#14A]

[Excerpt from letter dated August 31, 1903

from Inspector James McLaughlin to the Secretary of

the Interior (N.A. Group 48, Records of the office of

the Secretary of the Interior, Indian Division)|

[p.2] On August 8th I submitted the agreement,

herewith transmitted, [p. 3] and invited those assenting

to come forward and sign it; and notwithstanding that

the council was dominated by the more active

opponents of the proposition, 90 signatures were at

once obtained, leaving only about 35 of those present

who refused to concur.

This large percentage of the assemblage assenting to

the provisions of the new agreement, together with the

message delivered me by the lieutenant of police from

persons favoring the agreement who had returned to

their homes, encouraged me sufficiently to make a tour

of the several districts of the Reservation, and meet the

Indians of the different settlements at the headquarters

of their respective districts. I travelled by team about

400 miles over the Reservation, 100 miles through the

districts west of the Agency and about 300 miles in the

districts east of the Agency, visiting them in the

following order: — Spring Creek, Upper Cut Meat, Cut

Meat Issue Station, Black Pipe, Little White River,

Butte Creek, Big White River, Bull Creek and Ponca

Creek,—thus consuming sixteen days, during which time

I explained every feature of the agreement at the nine

different points above stated, at each of which district

headquarters I received quite a number of signatures, a

total of 737, which number, whilst being 48 more than

half of the male adult Indians of the Reservation, is

296 less than the required three-fourths majority.

—_—_— —--— —_—_——-

eat, Si, leitch obi acetate ame

fe Cai steed Silt eetwelie ke ere a

529

(Excerpt from Report of the Commissioner of

Indian Affairs, 1904)

Report of Agent for Rosebud Agency, August 25, 1904.

For administrative purposes the reserve is divided

into seven districts, with a farmer in charge of each,

who makes his residence at the issue station of the

district. The Ponca Creek district is in charge of the

teacher of Milk’s Camp day school, who resides at the

school. These administrative officials have direct charge

of districts to which they are assigned, under the

instructions of the agent, and are charged with the duty

of supervising the work of the able-bodied, the issues of

rations to the old, sick, helpless, and infirm, as well as

the able-bodied during the winter months, the preserva-

tion of order, etc. In short, the general welfare of the

Indian in all that concerns their material interests is

intrusted to these farmers.

530

[#14B]

[Excerpts from Report of the Commissioner of

Indian Affairs, 1903.]

[318] Twenty-one Government day and one Govern-

ment boarding and two Mission boarding schools have

been in successful operation during the year. The

reports of the superintendent of the Rosebud School

and of the day school inspector are herewith trans-

mitted, and referred to as furnishing the detailed

information regarding the schools.

The work of allotting land to these Indians ceased in

March last with the death of Special Allotting Agent

William A. Winder. In all 4,669 allotments have been

made on this reserve.

{b.522] South Dakota—continued.

Rosebud Agency.

Brule, Loafer, Lower Brule, Northern

Two Kettle and Wazhazhe Sioux:

Agency district ........--+-+eee8- 1,265

Big White River district ........... 374

Black Pipe Creek district .......... 489

Butte Creek district .........-26-. 899

Cut Meat Creek district. .........+.-. 973

Little White River district .......... 561

Ponca Creek district ........-e..6.-. 411

[4972]

Pee te

531

[#15]

(Enacted H.R. 10418)

[Act of April 23, 1904, ch. 1484, 33 Stat. 254]

Chap. 1484. — An Act To ratify and amend an

agreement with the Sioux tribe of Indians of the

Rosebud Reservation, in South Dakota, and making

appropriation and provision to carry the same into

effect.

Whereas James McLaughlin, United States Indian

inspector, did on the fourteenth day of September,

anno Domini nineteen hundred and one, make and

conclude an agreement with the male adult Indians of

the Rosebud Reservation, in the State of South Dakota,

which said agreement is in words and figures as follows:

This agreement made and entered into on the four-

teenth day of September, nineteen hundred and one, by

and between James McLaughlin, United States Indian

inspector, on the part of the United States, and the

Sioux tribe of Indians belonging on the Rosebud

Reservation, in the State of South Dakota, witnesseth:

Article I. The said Indians belonging on the Rosebud

Reservation, South Dakota, for the consideration here-

inafter named, do hereby cede, surrender, grant, and

convey to the United States all their claim, right, title,

and interest in and to all that part of the Rosebud

Indian Reservation now remaining unallotted, situated

within the boundaries of Gregory County, South

Dakota, described more particularly as follows: Com-

mencing in the middle of the main channel of the

Missouri River at the intersection of the south line of

Brule County; thence down said middle of the main

channel of said river to the intersection of the ninety-

ninth degree of west longitude from Greenwich; thence

532

due south to the forty-third parallel of latitude; thence

west along said parallel of latitude to its intersection

with the tenth guide meridian; thence north along said

guide meridian to its intersection with the township line

between townships one hundred and one hundred and

one north; thence east along said township line to the

point of beginning, the unallotted land hereby ceded

approximating four hundred and sixteen thousand

(416,000) acres, lying and being within the boundaries

of Gregory County, South Dakota, as said county is at

present defined and organized.

Article Il. In consideration of the land ceded,

relinquished, and conveyed by Article I of this agree-

ment the United States stipulates and agrees to expend

for and pay to said Indians, in the manner hereinafter

provided, the sum of one million and forty thousand

(1,040,000) dollars.

Article III. It is agreed that of the amount to be

expended for and paid to said Indians, as stipulated in

Article II of this agreement, the sum of two hundred

and fifty thousand (250,000) dollars shall be expended

in the purchase of stock cattle, of native range or

graded Texas two-year-old heifers and graded Durham

or Hereford two-year-old bulls, for issue to said Indians,

to be distributed as equally as possible among men,

women, and children as soon as practicable after the

ratification of this agreement, and that the sum of

seven hundred and ninety thousand (790,000) dollars

shall be paid to said Indians per capita in cash in five

annual installments of one hundred and _ fifty-eight

thousand (158,000) dollars each, the first of which cash

payments shall be made within four months after the

ratification of this agreement.

Article IV. It is further agreed that all persons of the

Rosebud Indian Reservation, South Dakota, who have

533

been allotted lands and who are now recognized as

members of the tribe belonging on said reservation,

including mixed-bloods, whether their white blood

comes from the paternal or maternal side, and the

children born to them, shall enjoy the undisturbed and

peaceable possession of their allotted lands, and shall be

entitled to all the rights and privileges of the tribe

enjoyed by full-blood Indians upon the reservation; and

that white men heretofore lawfully intermarried into

the tribe and now living with their families upon said

reservation shall have the right of residence thereon, not

inconsistent with existing statutes.

Article V. It is understood that nothing in_ this

agreement shall be construed to deprive the said Indians

of the Rosebud Reservation, South Dakota, of any

benefits to which they are entitled under existing

treaties or agreements, not inconsistent with the pro-

visions of this agreement.

Article VI. This agreement shall take effect and be in

force when signed by U.S. Indian Inspector James

McLaughlin and by three-fourths of the male adult

Indians parties hereto, and when accepted and ratified

by the Congress of the United States.

In witness whereof the said James McLaughlin, U.S.

Indian inspector, on the part of the United States, and

the male adult indians belonging on the Rosebud

Reservation, South Dakota, have hereunto set their

hands and seals at Rosebud Indian Agency, South

Dakota, this fourteenth day of September, A.D. nine-

teen hundred and one.

James McLaughlin,

U.S. Indian Inspector.

534

No. Name. Mark. Age.

1 HeDog ...--eeeeeeeceres x _<

2 HighHawk .....---+++e+> x a

3 Black Bird .....---+++ee8> x

(and 1,028 more Indian signatures. )

We, the undersigned, hereby certify that the fore-

going agreement was fully explained by us in open

council to the Indians of the Rosebud Agency, South

Dakota; that it was fully understood by them before

signing, and that the foregoing signatures, though names

are similar in some cases, represent different individuals

in each instance, as indicated by their respective ages.

William Bordeaux, Official Interpreter

Wm. F. Schmidt, Special Interpreter

Rosebud Agency, S. Dak., October 4, 1901.

We, the undersigned, do hereby certify that we

witnessed the signatures of James McLaughlin, United

States Indian inspector, and the 1,031 Indians of the

Rosebud Agency, S. Dak., to the foregoing agreement.

Frank Mullen, Agency Clerk. a

C. H. Bennett, Farmer, Cut Meat District.

John Sullivan, Farmer, Black Pipe District.

Frank Robinson, Farmer, Little White River District.

Frank Sypal, Farmer, Butte Creek District. _

Isaac Bettelyoun, Farmer, Big White River District.

James A. McCorkle, Farmer, Ponca District.

Louis Bordeaux, Ex-Farmer, Agency District.

Rosebud Agency, S. Dak., October 4, 1901.

ee oe ‘ -

—— ae

P

g

'

;

|

4

;

;

535

I certify that the total number of male adult Indians

over 18 years of age belonging on the Rosebud Reserva-

tion, S. Dak., is 1,359 of whom 1,031 have signed the

foregoing agreement, being 12 more than three-fourths

of the male adult Indians of the Rosebud Reservation.

S. Dak.

Chas. E. McChesney.

United States Indian Agent.

Rosebud Agency, S. Dak., October 4, 1901.

Therefore,

Be it enacted by the Senate and House of Represen-

tatives of the United States of America in Congress

assembled, That the said agreement be, and the same

hereby is, accepted, ratified, and confirmed as herein

amended and modified, as follows:

“Article I. The said Indians belonging on the Rose-

bud Reservation, South Dakota, for the consideration

hereinafter named, do hereby cede, surrender, grant,

and convey to the United States all their claim, right,

title, and interest in and to all that part of the Rosebud

Indian Reservation now remaining unallotted, situated

within the boundaries of Gregory County, South

Dakota, described more particularly as follows: Com-

mencing in the middle of the main channel of the

Missouri River at the intersection of the south line of

Brule County; thence down said middle of the main

channel of said river to the intersection of the ninety-

ninth degree of west longitude from Greenwich; thence

due south to the forty-third parallel of latitude; thence

west along said parallel of latitude to its intersection

with the tenth guide meridian; thence north along said

guide meridian to its intersection with the township line

between townships one hundred and one hundred and

536

one north; theuce east along said township line to the

point of beginning, the unallotted land hereby —

approximating four hundred and a —_

lying and being within the boundaries oO —

County, South Dakota, as said county Is at presen

and organized. .

ae pe in consideration of the land ceded, relin-

quished, and conveyed by article one of this agreement,

the United States stipulates and agrees to dispose of the

same to settlers under the provisions of the homestead

and town-site laws, except sections sixteen and thirty-

six, or an equivalent of two sections in each a

and to pay to said Indians the proceeds derived owe

the sale of said lands; and also the United ger

stipulates and agrees to pay for sections sixteen —

thirty-six, or an equivalent of two sections In eac

township, two dollars and fifty cents per acre.

“Art. Il. It is agreed that of the amount to be

derived from the sale of said lands to be paid to said

Indians, as stipulated in article two of this 2 ag

the sum of two hundred and fifty thousand dollars shal

be expended in the purchase of stock cattle, of sa

range or graded Texas two-year-old heifers and gra -

Durham or Hereford two-year-old bulls, for issuc to sal

Indians, to be distributed as equally as possible —

men, women, and children, but not morethan one hal

of the money received in any one year snall re

expended as aforesaid, and the other half shall be pal

to said Indians per capita in cash, and an ee

settlement, and payment shall be made in the month Oo

October in each year until the lands are fully paid for

and the funds distributed in accordance yes i

agreement: Provided, however, That not more than “

hundred thousand dollars shall be expended or -

within two years after the ratification of this agree-

Ae Sc Si RS CL RM I ME NAS

537

ment, and not to exceed one hundred and fifty

thousand dollars in each of the following years until the

expiration of five years.

“Art. IV. It is further agreed that all persons of the

Rosebud Indian Reservation, South Dakota, who have

been allotted lands and who are now recognized as

members of the tribe belonging on said reservation,

including mixed-bloods, whether their white blood

comes from the paternal or maternal side, and the

children born to them, shall enjoy the undistrubed and

peaceable possession of their allotted lands, and shall be

entitled to all the rights and privileges of the tribe

enjoyed by full-blood Indians upon the reservation; and

that white men heretofore lawfully intermarried into

the tribe and now living with their families upon said

reservation shall have the right of residence thereon, not

inconsistent with existing statutes.

“Art. V. It is further agreed that all persons of the

Rosebud Indian Reservation, South Dakota, of any

benefits to which they are entitled under existing

treaties or agreements, not inconsistent with the pro-

visions of this agreement.”

Sec. 2. That the lands ceded to the United States

under said agreement, excepting such tracts as may be

reserved by the President, not exceeding three hundred

and ninety-eight and sixty-seven one-hundredths acres in

all, for subissue station, Indian day school, one Catholic

mission, and two Congregational missions, shall be

disposed of under the general provisions of the home-

stead and town-site laws of the United States, and shall

be opened to settlement and entry by proclamation of

the President, which proclamation shall prescribe the

manner in which these lands may be settled upon,

occupied, and entered by persons entitled to make

entry thereof; and no person shall be permitted to

538

settle upon, occupy, or enter any of said lands, except

as prescribed in such proclamation, until after the

expiration of sixty days from the time when the same

are opened to settlement and entry: Provided, That the

rights of honorably discharged Union soldiers and

sailors of the late civil and Spanish war or Philippine

insurrection, as defined and described in_ sections

twenty-three hundred and four and_ twenty-three

hundred and five of the Revised Statutes, as amended

by the Act of March first, nineteen hundred and one,

shall not be abridged: And provided further, That the

price of said lands entered as homesteads under the

provisions of this Act shall be as follows: Upon all land

entered or filed upon within three months after the

same shall be opened for settlement and entry, four

dollars per acre, to be paid as follows: One dollar per

acre when entry is made; seventy-five cents per acre

within two years after entry; seventy-five cents per acre

within three years after entry; seventy-five cents per

acre within four years after entry, and seventy-five

cents per acre within six months after the expiration of

five years after entry. And upon all land entered or

filed upon after the expiration of three months and

within six months after the same shall be opened for

settlement and entry, three dollars per acre, to be paid

as follows: One dollar per acre when entry is made;

fifty cents per acre within two years after entry; fifty

cents per acre within three years after entrv; fifty cents

per acre within four years after entry, fifty cents

per acre within six months after the expiration of five

years after entry. After the expiration of six months

after the same shall be opened for settlement and entry

the price shall be two dollars and fifty cents per acre,

to be paid as follows: Seventy-five cents when entry is

made; fifty cents per acre within two years after entry;

539

fifty cents per acre within three years after entry; fifty

cents per acre within four years after entry, and

twenty-five cents per acre within six months after the

expiration of five years of said entry: Provided, That in

case any entryman fails to make such payment or any

of them within the time stated all rights in and to the

land covered by his or her entry shall at once cease,

and any payments theretofore made shall be forfeited,

anc the entry shall be forfeited and held for cancel-

lation and the same shall be cancelled: And provided,

That nothing in this Act shall prevent homestead

settlers from commuting their entries under section

twenty-three hundred and one, Revised Statutes, by

paying for the land entered the price fixed herein,

receiving credit for payments previously made. In

addition to the price to be paid for the land, the

entryman shall pay the same fees and commissions at

the time of commutation or final entry, as now pro-

vided by law, where the price of the land is one dollar

and twenty-five cents per acre: And provided further,

That all lands herein ceded and opened to settlement

under this Act, remaining undisposed of at the expira-

tion of four years from the taking effect of this Act,

shall be sold and disposed of for cash, under rules and

regulations to be prescribed by the Secretary of the

Interior, not more than six hundred and forty acres to

any one purchaser.

Sec. 3. That the proceeds received from the sale of

said lands in conformity with this Act shall be paid into

the Treasury of the United States, and paid to the

Rosebud Indians or expended on their account only as

provided in article three of said agreement as herein

amended.

Sec. 4. That sections sixteen and thirty-six of the

lands hereby acquired in each township shall not be

540

subject to entry, but shall be reserved for the use of the

common schools and paid for by the United States at

two dollars and fifty cents per acre, and the same are

hereby granted to the State of South Dakota for such

purpose; and in case any of said sections, or parts

thereof, of the land in said county of Gregory are lost

to said State of South Dakota by reason of allotments

thereof to any Indian or Indians, now holding the same,

or otherwise, the governor of said State, with the

approval of the Secretary of the Interior, is hereby

authorized, in the tract herein ceded, to locate other

lands not occupied not exceeding two sections in any

one township, which shall be paid for by the United

States as herein provided in quantity equal to the loss,

and such selections shall be made prior to the opening

of such lands to settlement.

Sec. 5. That there is hereby appropriated, out of any

money in the Treasury not otherwise appropriated, the

sum of seventy-five thousand dollars, or so much there-

of as may be necessary, to pay for the lands granted to

the State of South Dakota, as provided in section four

of this Act.

Sec. 6. That nothing in this Act contained shall in

any manner bind the United States to purchase any

portion of the land herein described, except sections

sixteen and thirty-six or the equivalent in each town-

ship, or to dispose of said land except as provided

herein; or to guarantee to find purchasers for said lands,

or .*v portion thereof, it being the intention of this

Act that the United States shall act as trustee for said

Indians to dispose of said lands and to expend and pay

over the proceeds received from the sale thereof only as

received, as herein provided.

Approved, April 23, 1904.

»

541

[#15A]

- (Legislative history of H.R. 10418)

7 Rosebud Reservation: bills to ratify agreement with

Sioux Indians on (see bills S. 3779;HLR. 10418)

[38 Cong. Rec. 275]

H.R. 10418—

‘To ratify and amend an agreement with the Sioux

tribe of Indians of the Rosebud Reservation in South

Dakota, and making appropriation and provision to

carry the same into effect.

Mr. Burke; Committee on Indian Affairs

902.—Reported back with amendment (H.R.

Report 443) 1010.—-Made special order

1292.—Debated 1421.—Passed House 1469.—

Referred to Senate Committee on Indian Affairs

1467.—Reported back (S. Report 651) 1601.—

Debated, amended, and passed Senate 4984, |

4985.—House concurs in Senate amendments

5155.—Examined and signed 5214, 5218

5287.—Approved by President 5447. )

[38 Cong. Rec. 902-903 (1904)]

PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS.

* * *&

542

By Mr. BURKE: A bill (H.R. 10418) to ratify and

amend an agreement with the Sioux tribe of Indians of

the Rosebud Reservation, in South Dakota, and making

appropriation and provision to carry the same into

effect—to the Committee on Indian Affairs.

[38 Cong. Rec. 1010]

REPORTS OF COMMITTEES ON PUBLIC BILLS AND

RESOLUTIONS.

*_ * *

Mr. BURKE, from the Committee on Indian Affairs,

to which was referred the bill of the House (H.R.

10418) to ratify and amend an agreement with the

Sioux tribe of Indians of the Rosebud Reservation, in

South Dakota, and making appropriation and provision

to carry the same into effect, reported the same with

amendment, accompanied by a report (No. 443); which

said bill and report were referred to the Committee of

the Whole House on the state of the Union.

[38 Cong. Rec. 1292-1293 (1904)|

SIOUX INDIANS IN SOUTH DAKOTA.

Mr. BURKE. Mr. Speaker, I ask unanimous consent

that upon the disposition of the bill now before the

House, namely, the urgent deficiency bill, the bill (H.R.

10418) to ratify and amend an agreement with the

Sioux Indians of the Rosebud Reservation, in South

543

Dakota, be made the special order and that it continue

to be the special order until disposed of, this order not

to interfere with revenue or appropriation bills, or bills

upon the Private Calendar, or with any business that is

privileged under the rules, and that the bill be con-

sidered in the House.

Mr. WILLIAMS of Mississippi. This, | understand, is a

bill to open up the reservation in South Dakota.

Mr. BURKE. It is.

The SPEAKER. The gentleman from South Dakota

asks unanimous consent that the bill H.R. 10418 be

considered in the House immediately after the com-

pletion of the urgent deficiency bill, and to remain in a

continuing order, not to intefere with revenue or

appropriation bills, the Private Calendar, private

business, or other privileged matters. Is there objection?

[After a pause.] The Chair hears none.

[38 Cong. Rec. 1421-1429 (1904)]

SIOUX TRIBE OF INDIANS, SOUTH DAKOTA.

Mr. BURKE. Mr. Speaker, | demand the regular

order.

The SPEAKER. The gentleman from South Dakota

demands the regular order, which is the consideration

of the bill (H.R. 10418) to ratify and amend an

agreement with the Sioux tribe of Indians of the

Rosebud Reservation, in South Dakota, and making

appropriation and provision to carry the same into

effect.

544

The Clerk read the bill, as follows:

A bill to ratify and amend an agreement with

the Sioux tribe of Indians of the Rosebud Reserva-

tion, in South Dakota, and making appropriation

and provision to carry the same into effect.

Whereas James McLaughlin, United States Indian

inspector, did on the 14th day of September, A.D.

1901, make and conclude an agreement with the

male adult Indians of the Rosebud Reservation, in

the State of South Dakota, which said agreement

is in words and figures as follows:

This agreement made and entered into on the

14th day of September, 1901, by and between

James McLaughlin, United States Indian inspector,

on the part of the United States, and the Sioux

tribe of Indians belonging on the Rosebud Reserva-

tion, in the State of South Dakota, witnesseth:

ARTICLE I. The said Indians belonging to the

Rosebud Reservation, S. Dak., for the considera-

tion hereinafter named, do hereby cede, surrender,

grant, and convey to the United States all their

claim, right, title, and interest in and to all that

part of the Rosebud Indian Reservation now

remaining unallotted, situated within _ the

boundaries of Gregory County, S. Dak., described

more particularly as follows: Commencing in the

middle of the main channel of the Missouri River

at the intersection of the south line of Brule

County; thence down said middle of the main

channel of said river to the intersection of the

ninety-ninth degree of west longitude from Green-

wich; thence due south to the forth-third parellel

of latitude; thence west along said parallel of

latitude to its intersection with the tenth guide

meridian; thence north along said guide meridian

to its intersection with the township line between

townships 100 and 101 north; thence east along

i te a ty

545

said township to the point of beginning, the

unallotted land hereby ceded approximating

416,000 acres, lying and being within the

boundaries of Gregory County, S. Dak., as said

county is at present defined and organized.

ART. Il. In consideration of the land ceded,

relinquished, and conveyed by Article I of this

agreement the United States stipulates’ and agrees

to expend for and pay to said Indians, in the

manner hereinafter provided, the sum of

$1,040,000.

ART. IIL. It is agreed that of the amount to be

expended for and paid to said Indians, as stipu-

lated in Article Il of this agreement, the sum of

$250,000 shall be expended in the purchase of

stock cattle of native range or graded Texas

2-year-old heifers and graded Durham or Hereford

2-year-old bulls for issue to said Indians, to be

distributed as equally as possible among men,

women, and children as soon as practicable after

the ratification of this agreement, and that the

sum of $790,000 shall be paid to said Indians per

capita in cash in five annual installments of

$158,000 each, the first of which cash payments

shall be made within four months after the ratifi-

cation of this agreement.

ART. IV. It is further agreed that all persons of

the Rosebud Indian Reservation, S. Dak., who

have been allotted lands and who are now recog-

nized as members of the tribe belonging on said

reservation, including mixed-bloods, whether their

white blood comes from the paternal or maternal

side, and the children born to them, shall enjoy

the undisturbed and peaceable possession of their

allotted lands, and shall be entitled to all the rights

and privileges of the tribe enjoyed by full-blood

Indians upon the reservation; and that white men

546

heretofore lawfully intermarried into the tribe and

now living with their families upon said reservation

shall have the right of residence thereon, not

inconsistent with existing statutes.

ART. V. It is understood that nothing in this

agreement shall be construed to deprive the said

Indians of the Rosebud Reservation, S. Dak., of

any benefits to which they are entitled under

existing treaties or agreements, not inconsistent

with the provisions of this agreement.

ART. VI. This agreement shall take effect and

be in force when signed by United States Indian

Inspector James McLaughlin and by three-fourths

of the male adult Indians parties hereto and when

accepted and ratified by the Congress of the

United States.

In witness whereof the said James McLaughlin,

United States Indian inspector, on the part of the

United States, and the male adult Indians belong-

ing on the Rosebud Reservation, S. Dak., have

hereunto set their hands and seals at Rosebud

Indian Agency, S. Dak., this 14th day of Septem-

ber, A.D. 1901.

James McLaughlin,

United States Indian Inspector.

No. Name. Mark. Age.

Ll HeDog .ccccccccsccesess x 65

ae eee x 50

5 Bee Me .cccccesssuna x 62

(and 1,028 more Indian signatures.)

We, the undersigned, hereby certify that the

foregoing agreement was fully explained by us in

open council to the Indians of the Rosebud

Agency, S. Dak.; that it was fully understood by

547

them before signing, and that the foregoing signa-

tures, though names are similar in some cases,

represent different individuals in each instance, as

indicated by their respective ages.

William Bordeaux, Official Interpreter.

Wm. F. Schmidt, Special Interpreter.

Rosebud Agency, S. Dak., October 4, 1901.

We, the undersigned, do hereby certify that we

witnessed the signatures of James McLaughlin,

United States Indian inspector, and the 1,031

Indians of the Rosebud Agency, S. Dak., to the

foregoing agreement.

Frank Mullen,

Agency Clerk.

C. H. Bennett,

Farmer, Cut Meat District.

John Sullivan,

Farmer, Black Pipe District.

Frank Robinson,

Farmer, Little White River District.

Frank Sypal,

Farmer, Butte Creek District.

Isaac Bettelyoun,

Farmer, Big White River District.

James A. McCorkle,

Farmer, Ponca District.

Louis Bordeaux,

Ex-Farmer, Agency District.

Rosebud Agency, S. Dak., October 4, 1901.

| certify that the tots! number of male adult

Indians over 18 years of age belonging on the

Rosebud Reservation, S. Dak., is 1,359, of whom

1,031 have signed the foregoing agreement, being

12 more than three-fourths of the male adult

Indians of the Rosebud Reservation, S. Dak.

Chas. E. McChesney,

United States Indian Agent.

548

Rosebud Agency, S. Dak., October 4, 1901.

Therefore,

Be it enacted, etc., That the said agreement be,

and the same hereby is, accepted, ratified, and

confirmed as herein amended and modified, as

follows:

“ARTICLE I. The said Indians belonging on the

Rosebud Reservation, S. Dak., for the considera-

tion hereinafter named, do hereby cede, surrender,

grant, and convey to the United States all their

claim, right, title, and interest in and to all that

part of the Rosebud Indian Reservation now

remaining unallotted, situated within the

boundaries of Gregory County, S. Dak., described

more particularly as follows: Commencing in the

middle of the main channel of the Missouri River

at the intersection of the south line of Brule

County; thence down said middle of the main

channel of said river to the intersection of the

ninety-ninth degree of west longitude from Green-

wich; thence due south to the forty-third parallel

of latitude; thence west along said parallel of

latitude to its intersection with the tenth guide

meridian; thence north along said guide meridian

to its intersection with the township line between

townships 100 and 101 north; thence east along

said township line to the point of beginning, the

unallotted land hereby ceded approximating

416,000 acres, lying and being within the

boundaries of Gregory County, S. Dak., as said

county is at present defined and organized.

“ART. Il. In considration of the land ceded,

relinquished, and conveyed by article 1 of this

agreement, the United States stipulates and agrees

to dispose of the same to settlers under the

provision of the homestead and townsite laws,

except sections 16 and 36, or an equivalent of two

549

sections in each township, and to pay to said

Indians the proceeds derived from the sale of said

lands; and also the United States stipulates and

agrees to pay for sections 16 and 36, or an

equivalent of two sections in each township, $2.50

per acre.

“ART. IIL. It is agreed that of the amount to be

derived from the sale of said lands to-be paid to

said Indians, as stipulated in article 2 of this

agreement, the sum of $250,000 shall be expended

in the purchase of stock cattle, of native range or

graded Texas 2-year-old heifers and graded Durham

or Hereford 2-year-old bulls, for issue to said

Indians, to be distributed as equally as possible

among men, women, and children, but not more

than one-half of the money received in any one

year shall be expended as aforesaid, and the other

half shall be paid to said Indians per capita in

cash, and an accounting, settlement, and payment

shall be made in the month of October in each

year until the lands are fully paid for and _ the

funds distributed in accordance with this agree-

ment: Provided, however, That not more than

$500,000 shall be expended or paid within two

years alter the ratification of this agreement, and

not to exceed $150,000 in each of the following

years until the expiration of five years.

“ART. IV. It is further agreed that all persons

of the Rosebud Indian Reservation, S. Dak., who

have been allotted lands and who are now recog-

nized as members of the tribe belonging on said

reservation, including mixed-bloods, whether their

white blood comes from the paternal or maternal

side, and the children born to them, shall enjoy

the undisturbed and peaccable possession of their

allotted lands, and shall be entitled to all the rights

and privileges of the tribe enjoyed by full-blooded

Indians upon the reservation; and that white men

550

heretofore lawfully intermarried into the tribe and

now living with their families upon said reservation

shall have the right of residence thereon, not

inconsistent with existing statutes.

“ART. V. It is understood that nothing in this

agreement shall be construed to deprive the said

Indians of the Rosebud Reservation, S. Dak., of

any benefits to which they are entitled under

existing treaties or agreements, not inconsistent

with the provisions of this agreement.”

SEC. 2. That the lands ceded to the United

States under said agreement, excepting such tracts

as may be reserved by the President, not exceeding

398.67 acres in all, for subissue station, Indian day

school, one Catholic mission, and two Congrega-

tional missions, shall be disposed of under the

general provisions of the homestead and town-site

laws of the United States, and shall be opened to

settlement and entry by proclamation of the.

President, which proclamation shall prescribe the

manner in which those lands may be settled upon,

occupied, and entered by persons entitled to make

entry thereof; and no person shall be permitted to

settle upon, occupy, or enter any of said lands,

except as prescribed in such proclamation, until

after the expiration of sixty days from the time

when the same are opened to settlement and

entry: Provided, That the rights of honorably

discharged Union soldiers and sailors of the late

civil and the Spanish wars, as defined and

described in sections 2304 and 2305 of the

Revised Statutes, as amended by the act of March

1, 1901, shall not be abridged: And provided

further, That the price of said lands shall be as

follows: Upon all land entered or filed upon

within six months after the same shall be opened

for settlement and entry, $3 per acre, to be paid

as follows: One dollar per acre when entry is

551

made; 50 cents per acre within two years after

entry; 50 cents per acre within three years after

entry; 50 cents per acre within four years after

entry, and 50 cents per acre within six months

after the expiration of five years after entry. After

the expiration of six months after the same shall

be opened for settlement and entry the price shall

be $2.50 per acre, to be paid as follows: Seventy-

five cents when entry is made; 50 cents per acre

within two years after entry; 50 cents per acre

within three years after entry; 50 cents per acre

within four years after entry, and 25 cents per

acre within six months after the expiration of five

years after entry: Provided, That in case any

entryman fails to make such payment, or any of

them, within the time stated all rights in and to

the land covered by his or her entry shall at once

cease, and any payments theretofore made shall be

forfeited, and the entry shall be forfeited and held

for cancellation: And provided, That nothing in

this act shall prevent homestead settlers from

commuting their entries under section 2301,

Revised Statutes, by paying for the land entered

the price fixed herein, receiving credit for pay-

ments previously made. In addition to the price to

be paid for the land, the entryman shall pay the

same fees and commissions at the time of com-

mutation or final entry, as now provided by law,

where the price of the land is $1.25 per acre: And

provided further, That all lands herein ceded and

opened to settlement under this act, remaining

undisposed of at the expiration of four years from

the taking effect of this act, shall be sold and

disposed of for cash, under rules and regulations to

be prescribed by the Secretary of the Interior.

SEC. 3. That the proceeds received from the

sale of said lands in conformity with this act shall

be paid into the Treasury of the United States,

552

and paid to the Rosebud Indians or expended on

their account only as provided in article 3 of said

agreement as herein amended.

SEC. 4. That sections 16 and 36 of the lands

hereby acquired in each township shall not be

subject to entry, but shall be reserved for the use

of the common schools and paid for by the United

States at $2.50 per acre, and the same are hereby

granted to the State of South Dakota for such

purpose; and in case any of said sections, or parts

thereof, of the land in said county of Gregory are

lost to said State of South Dakota by reason of

allotments thereof to any Indian or Indians, now

holding the same, or otherwise, the governor of

said State, with the approval of the Secretary of

the Interior, is hereby authorized, in the tract

herein ceded, to locate other lands not occupied,

which shall be paid for by the United States as

herein provided in quantity equal to the loss, and

such selections shall be made prior to the opening

of such lands to settler.ent.

SEC. 5. That there is hereby appropriated, out

of any money in the Treasury not otherwise

appropriated, the sum of $90,000, or so much

thereof as may be necessary, to pay for the lands

granted to the State of South Dakota, as provided

in section 4 of this act.

SEC. 6. That nothing in this act contained shall

in any manner bind the United States to purchase

any portion of the land herein described, except

sections 16 and-36 or the equivalent in each

township, or to dispose of said land except as

provided herein, or to guarantee to find purchasers

for said lands or any portion thereof, it being the

intention of this act that the United States shall

act as trustee for said Indians to dispose of said

lands and to expend and pay over the proceeds

received from the sale thereof only as received, as

herein provided,

li egy aa le ee et ee eee

i On aE OE me

553

During the reading of the bill Mr. FINLEY rose.

The SPEAKER. For what purpose does the gentle-

man rise?

Mr. FINLEY. I believe that we are reading the bill. Is

the bill open for amendment?

The SPEAKER. Not while it is being read. It will be

open for amendment when the reading is concluded.

The Clerk concluded the reading of the bill.

Mr. BURKE. Mr. Speaker, this bill provides for the

opening to settlement of 416,000 acres of land, now a

portion of the Rosebud Reservation, in South Dakota,

being that portion of the reservation in Gregory

County. In 1901 a treaty was entered into with the

Rosebud Indians on the part of the United States, by

which the Indians agreed to sell to the Government this

land for $2.50 per acre. That treaty was transmitted to

Congress, and because of the fact that it provided that

the Government should pay for the lands outright and

then take the chance of the Treasury being reimbursed

by disposing of the lands to settlers, it never got further

than through the Committee on Indian Affairs, which

unanimously reported it favorably. It was never given

consideration in the House.

Toward the concluding days of the last session of

Congress a new bill was prepared, substantially as this

bill now provides, and that bill provided that the lands

should be ceded by the Indians to the Government,

disposed of to settlers under the provisions of the

homestead law, the price to be fixed at $2.50 an acre,

as was provided in the original treaty. That bill did not

receive consideration in the last Congress because of

lack of time, but during the summer that bill was

submitted to this tribe of Indians for their acceptance,

and forty-eight more than a majority consented to

accept the terms of that bill. This bill is substantially

554

the same as the bill which I have just referred to,

except that the committee, in view of a suggestion

made by the Commissioner of Indian Affairs, in which

he said he had no objection to the passage of this bill

provided the Indians were insured of as much money as

they would have received under the treaty, instead of

fixing the price at $2.75, which was provided in the bill

submitted to the Indians during the summer, fixed the

price at $3 per acre for all lands taken within the first

six months and $2.50 for all lands taken thereafter.

It was thought by the committee that this would

certainly insure to the Indians as much money as they

would have received under the original treaty, and, in

my judgment, it insures their receiving considerably

more. There is no opposition to the passage of this

measure, so far as I know. The Indian Bureau and the

Secretary of the Interior have both approved it, pro-

viding we fix a price, as we have done, that will insure

the Indians as much money as they would have received

under the original treaty. The Committee on Indian

Affairs has considered it fully and at length and has

spent several meetings of the full committee considering

it. The report of the committee is unanimous. I do not

care to occupy the attention of the House in making

any extended remarks on the bill, and unless some

gentleman desires to ask some questions | will reserve

the balance of my time.

Mr. FINLEY. Mr. Speaker, I observe that in section

4, reserving school lands, it is provided that the Govern-

ment pay for those lands. Is that the usual appropria-

tion that is put in all bills of this character?

Mr. BURKE. I am glad the gentleman has asked me

that question. I would state that under the enabling act

under which the State of South Dakota was admitted

_to the Union it was provided that sections 16 and 36 in

—

ee ee ee

555

said State should be reserved for the use of the

common schools of that State, and it further provided

that as to the lands within an Indian reservation the

provisions of that grant would not become operative

until the reservation was extinguished and the land

restored to the public domain. That enabling act was

passed by Congress on the 22d day of February, 1889.

In March of that same year Congress ratified a treaty

with the Sioux Indians in South Dakota for the cession

of something like ten or eleven millions of acres of

land, and made an express appropriation, in accordance

with the provisions of the enabling act, to pay outright

out of the Treasury the money for sections 16 and 56

of that land at the price stipulated for in the treaty.

Mr. FINLEY. Then, as I understand the gentleman,

he bases the wisdom or equity for this provision upon

the enabling act admitting South Dakota into the

Union?

Mr. BURKE. Yes.

Mr. FINLEY. And not otherwise?

Mr. BURKE. No.

Mr. FINLEY. What is the number of acres of land

that have been granted by the National Government to

the State of South Dakota for school purposes hereto-

fore?

Mr. BURKE. Sections 16 and 36.

Mr. FINLEY. About how many acres does it amount

to?

Mr. BURKE. I could not state.

Mr. FINLEY. The State is quite rich in school lands,

is it not?

Mr. BURKE. Yes.

Mr. FINLEY. About what amount of money will be

required from the Treasury of the United States to pay

for the school lands provided for here in section 4?

556

Mr. BURKE. Not to exceed about $70,000—I think

$72,000 or $73,000. I am going to ask to amend the

bill by striking out “$90,000,” and inserting

“$75,00° " The actual amount, I think, will be about

$72,000, as nearly as I can calculate.

Mr. Speaker, I reserve the balance of my time and

yield ten minutes to the gentleman from New York

[Mr. BAKER].

Mr. BAKER. Oh, make it fifteen.

Mr. BURKE. I hope the gentleman will be satisfied

with ten minutes. We want to get through the bill as

quickly as possible.

Mr. BAKER. Mr. Speaker, I recognize that it will

make little difference when the vote on this bill is

taken whether I speak for five or fifteen minutes. Yet,

Mr. Speaker, because this bill involves what seems to

me a violation of the principle which should obtain

with reference to the ownership of land, because it

violates the principle which, in my judgment, should

obtain in opening public land for settlement, I desire to

enter my protest against the bill on those grounds.

I regret very much, Mr. Speaker, that I did not know

until a few moments ago that this bill was to be

discussed to-day. I should very much have liked a short

time, if but an hour, to send for some data to bring to

the attention of the House, so as to amplify the few

remarks I shall now have to make spontaneously.

Mr. Speaker, what is it that this bill proposes to do?

From the standpoint from which I shall discuss the bill

we can eliminate the Indians from the discussion. I am

not going to raise the question here now as to what the

Indians should or should not receive. That is not the

point: the point is what is to become of that land when

it comes into the possession of the United States and

the ownership becomes vested in the people as a whole.

557

The bill, as its author has just stated, simply carries

out a policy which has obtained in the past. Is that not

so?

Mr. BURKE. Yes, sir.

Mr. BAKER. Now, Mr. Speaker, that policy to my

mind is a fatally defective policy—a policy which in a

large measure is responsible for the economic conditions

that exist in the United States to-day. I know that my

friends on the other side will say that the economic

conditions in this country were never more prosperous

than they are now. Let us concede for the sake of

argument that is so; that they are more propserous than

they ever were; yet that does not alter my judgment

that they would have been infinitely more prosperous

than they are, infinitely more prosperous than they

have ever been, but for the fact that the United States

have followed this fatally defective policy and have

permitted the alienation of its public lands. They have

permitted individuals to purchase the land, and no

matter how low the price at which they bought the

title the increased value which comes as the result of

generations of development, generations of energy

applied by the people as a result of the influx of an

cnormous population—aside from the natural growth—

whatever the cause of the increase of value, goes into

the private pocket of the individual who was fortunate

enough, you say shrewd enough, quick-witted enough,

or anything else you may choose to call it, to get there

a little ahead of somebody else and (by original entry

in many cases) obtained it for nothing or for a mere

song, a price that may have been the real value at the

time of the purchase, but which represents a ridicu-

lously small proportion of the value which has sub-

sequently attached to that land as a result of popula-

tion coming there.

558

Now in what particular does this policy violate what

should in my judgment be the policy of the United

States? It violates it in this way: It says to the

individual who is shrewd enough to go there and arrives

a day, a month, or a year ahead of somebody else—I

care not what the period of time may be—he shall have

the exclusive “ownership” of that land; he shall enjoy

all the value which subsequently attaches, no matter

what causes that increase of value.

In other words, you are by this and similar bills

perpetuating—you are offering a premium to engage in

land speculation in the United States, and land specula-

tion is the curse of this country, as it has been the

curse of every civilized country in the world.

The evil results which have followed the existing

systems of entry and purchase of public lands are

clearly illustrated in an article by J. L. McCreery, of

this city, entitled “Our system of distributing the public

lands.”

In illustrating some of the fraudulent methods

employed, which no doubt in the main are due to the

fact that the present system offers great premiums in

the shape of whatever increment of value may sub-

sequently attach to land by reason of increase of

population, etc., he says:

Let us suppose (to invent a name) that the New

York and Nebraska Land and Cattle Company

Start in business in the far West. It has in its

employ 100 “cowboys.” The fertile valley of a

stream is selected fo its operations. At the instance

of the manager of the company each of the

cowboys files a preemption declaratory statement

for a quarter-section (160 acres) of land. The land

is selected in such a form as to cover as much

space as possible up and down the stream. One

he cll

ee

ee ee ee ee

_—"

559

man’s four 40-acre in a “string’’ can often be made

to cover a mile of the water course; sometimes not

more than three-fourths of a mile. A hundred

entrymen can thus take in 75 miles of the

stream—the richest part of the valley.

The preemption law requires that a _ person

purchasing land thereunder must prove that he has

inhabited and improved such land. It does not say

how long he must have done so. The General Land

Office has supplied this omission and carried into

effect what it conceives to be the spirit and

purpose of the law by establishing a rule that such

residence and improvement must have continued

for at least six months, in order to afford a

presumption that the settler is acting in good faith.

So a few days after the expiration of six months

from the date of the entry the cowboys, in

“squads,” appear at the local land office and

“prove up.” It is not necessary to have created a

dwelling house upon and improved the land if the

entryman and his two witnesses have sufficiently

elastic consciences. A has for witnesses B and C; B

has for witnesses A and C; C has for witnesses A

and B. The land is paid for in cash, which the

company furnishes. The cowboys step over to the

nearest lawyer’s office, or more likely the

company has its own lawyer, and deed every acre

of land to the company.

Having exhausted their right under the pre-

emption law, they forthwith proceed to enter as

much more land under the homestead law. At the

end of six months they pay (w

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