# Appendix — Rosebud Sioux Tribe v. Kneip > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_2124%3A10 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1977 - **Citation:** 430 U.S. 584 ## Text 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! = (i) 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 (v) 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 (vi) 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 (vii) 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. - ¥ " s 498 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. we 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. ——— 4 : ; ¢ : : t A | 4 : 503 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 ~ 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 ne ted red aD 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 4 4 q 511 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_2124%3A10. Public record. Not legal advice.