# LOWER BRULE SI OUX TRIP > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Alower_brule_sioux%3A00380bd37c6843a3 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text LOWER BRULE SI OUX TRIP COUNC IL MEETING P. 1 MINUTES : The meeting was called to order at 3 0 I clock p.m. by the Chainnan, Roll call as follows: Mr. LaRoche. Absent: Present: Moses DeSm~t, Vice Chairman Richard laRoche , Jr . , Chairman Leslie Langd.eau Thomas Eagle Thunder, Sgt . at Arms Josephine Spotted Hawk, Chaplain 19nma Bad Ho r se Alice H. Jandreau, Secretary-Treasurer (Non member) The minutes of the regular meeting convened on December 5, 1951, were read . Mot ion by Mr. Eagle Thunder to adopt the~e minutes as read, secon de d by Mrs. Bad Norse~ No objections . Vote: 3 for - none against. Mr . Adams, Extension Agent, advised that he had received reports that Tony Goodlow ha d not been taki ng c are of his cattle . The Chairman a sked that }f.r. Adams state where he h3.d received th e:J e :ceportso Mr . Adams stated that Harvey Cable , a white operator, wh ,) se pastm'e joins Mr. Goodlow's pasture had been one of t.he parties "Tho had reported . Mrs. Spotted Hawk , gra ndmoth er of Ivir . Go odlow, sa::"d that Tony had moved up to Iron Nation now to hake care of his, cattle. She said that someone had cut the wir es on his fen ce three times ;Ihich Sh01{sd that. someone is deliberat.ely trying to hinder To ny in taking care of his cattle. The point was made that the complai nt was that these cat tle were without feed and water, rather t han th at the fence was cut. }rr. LaRoche said he had talked to Tony, and he had been t old that Tony had hay for the cattle but could not get int o the pa st ure on account of the snow ~ Mrs. Spotted Hawk a ccuse d Mrs . Bad Horae of reporting Tony.. She said Mrs. Bad Horse should uphold the I r on Nation District instead of reporting these things. ~1rs . Spo tted Hawk said she knew of inst3.nces when ~~s . Bad Horseis son , Ha rry J wa s not home taking care of his cattle. Mrs. Bad Horse said she was l~r rie d about Tony : s cattle because there was no one looking after them. She s aid fu rther that when Harry was not home, his father took care of his cat tle . l1r's, Bad ;-Iorse stated t.hat Tonyis hay was all gone be fore the snow came. ~trs . Spotted Hawk said Tony could sell some heifer calves t o purchase feed, but Mre LaRoche stated that we could not allow anyone to sell heifer calves during their first year in the cattle business . He . s aid as it is, Tony has only had these cattle to care for since t he first of June . Mr. LaRoche said also that Tony still has not paid his leases, and he has not made good the check he paid to the Enterprist:. He said Mr. Kenneth Miller had requested a r e fu nd on lease rentals he had paid for Tony last ' year because he did not get any use of Tony!s pasture . Mr. Eagle Thund4r said the Tr ibal Council is responsible for loaning out these cattle, and whe n an individual is issued cattle, he should make every effort to s ee th at t hey are provided with feed and water . It was decided that t he Chairman, M:' . Eagle Thunder, and Mr . , Adams would check on all the catt l e oper a tors beginnir.g tomorrow to see what condition their cattle are in. ~~ . LaRoche stated that anyone on the L61'lER BRULE SIOUX TRI I COUNCn MEEifING 1/9/52 P.2 borderline would be given a fair hearing. Howeve r, he said if it was a que stion of losing the c attl e by a 30-day wait, then something would have t o be done right away. Mrs . Spotte d Hawk sa ~ tt i s pre judice that make s ev erything t he way it is. She said Tony i s not g iven a fair chance to get st a rt e d, and her l and and hay was tak en away from her wit hl)',lt rd:-ice . She s aid she was n ot even notif i ed when th e l and wa s adver-i:.i.sed . She said that t he office allcwe d a whit e man se ll al l t he h ay f.rom ber sister's l and. Mr. LaRo c he made a brief r e port on th e Enterp:r.'ise. He sa i d the c attle had not been on any fe ed until a bout fi ve 0,IlYC:; ag o because they could not get to the sta cks and th e equi p:-nent ·,,"r-.S trl',ke dmID . He sa~. d th ey are feed i ng cake and hay .. He a dvi se d that j.-.,j ~oJ ~·.3 i: ~ ecessar y to hir e t wo bulldo zors s i nce th e Age ncy equi pm Chairman 01 the Tribal Council (A ,~ :JI;~/ ifU 6~ IAli ce H. J andre a ~) Secre t a ry of t he Tr i bal Council ". LOWER BRUI.E SIOUX TRItsAL COUNCn. MEETING 2/6/52 P. 1 MINl1rES: The meeting wa s called to order by the Cha irman, Mr. LaRoche, at 3 0 f clo ck p.m. Roll call as follows: Absent: Pre sent: Richa rd L a Roc he~-~=r,,) Chairman None Mo ses DeSm3:c, Vi '3 s Chairrran Othe ; ~ s pl'ese n+,; R~ B. Mc Ke e., Th oII1?s Eag:.e Til unde r , Sgt at Arms Jo sep hi ne Spo';:,t ed Ha'Wk , Chaplain Graham Holmes, and We J. Adams. Emma Bad H o ~s 8 Les lie Langdeau Alic e Ho J a n drt. au~ Secretary-Treasurer (Non-member) The mi nU' ~e s of t he r egu lar meeting h Gld on January 9, 1952, wer e read. Mr . Eagl e Thu nde r move d to a d.( 1)~' t he mim.'t.e s as rea d,. s econded by Mr . Langdea.u. No obj e :.:tions . Vc te ~ 5 f or - n one e.g ctinst. Mr . La Ro-::h e :l.n:-, :;:- o::luced Mr. Holmes; Are a Counsel, whom We ha d re que s ted t o CO~f6 ~ with us conce rrlli:g a propo se d attorney co nt ra ct wi th Mr. Mo Q. Shar-pe ." Our resolu tJ .on No. 51-62, 12-,5··51.- cO '1t ainjng revisio '1 s we desired in the p ro?csed. d.:' 2. f' t b ill to au th 'Jr:1..7.(, !'18go +.ia i:ion of 8e"~ tle ment agreement s 0 11 the For r-, R.8, ndnl l a nd Bi b Bend P:::, cj ect s was di sc usse d o Mr . Ho lmes auvis ed a s f .J 1 1 0":s ·~ (Ou:::- r 3 qUf~~rted revisions are l ist ed f irst with Mr ,. Hol me s corm.r..e nt s following). 1 . Includ e i n t ~ H~ corrl:,ract or in th e prop o sed legislation provlslons whe re by 1~he F 8d e ~.' 2,1 C()'\~s r~e nt vfOU;.Q r:-arry U'\.:.t 5.ts r 8sp on.3 i b ilit y in maintaining an a g E-ne y pl a nt at LCW'.3 r Brul e with h8 al't.h facili t ie s, schools, r o ads , et :.: ." in accordanca vrith t:'e at y ag re ements .. Mr . Holme s st at e d tha.t he fel'!:' this prcYiso should be a part of the contract rather than the proposed legislation. 2. IN clude prov i s i ons for ftm ds wi th wh i ch t.o carry out the contra ct wh i ch will be e X( ~:"~ UG fH:t subs e que n t. t o [', his l o g is l ation~. (The members felt t h c'o.t sin '..:€'! vm ~.,i ll b;" p'.:..t:-.o a g .... 8 a+, '3zp e ::ls e i n the l1.3 g ,:y::' :i .atin g s tage > ' ~ hat all a:Pl) r 0~r ia t, i ():1 should ':J e m2..d ~ 'by t.he Cc r.g.C€SS so th at we wou ld h av e fu nds "ith 1.-.rh LJ: to (; e ..~·'!'y 0'1..:'':, Oil.:" t .:"ansa~ t : , O!l S wh i ch are imposed upon us by the Fort Randall and Big Bend P ro j ec~ s . ) Mr . Holmes s aid he thou ght this would be a good ad dition to make. He s a id he would wri t e to Wanhin gton and stress t his pOint. 3. In clu de a specific period of time in which the Federal Government would be allOlved t o settle with the property and land owners - ind ivi dual and t ribal. MR . Hobne s stated that he did not think we would have any di f ficulty in getting paid, but if we d es ired, we could make thi s a part of t he contract which would come l ater. LOWER BRULE SIOUX TRIBAL COUNCIL MEETING 2/6/52 P. 2 4. Reserve the right to have a representative on the appraisal board other than t he Se cr etary of the Interior. Mr. Holmes said it was doubtful if this item would be sanctioned since the Corps of A~y Engineers send in their appraisers~ and if they meet with any opp0sit.ion, then '~hey take the matter dire(.tly int o Federal Co urt " Hr. I,.3.Ro che said the Council could not g ive them the right to go on the i n d':' vidual allotments ~ 5. Reserve unto the me!nbers of the Lower Brule Sioux Tribe all mineral and hunting and fis hi...,,; g rights on lands within the taking are a of th e Fort Rand al l and Big Bend Projects. Mr. Holme s st at ed t.hat he thought we W'Ould be able t o retain our mineral rights, bt:t he fe lt sure we would not be able t o hold any hunting or fis hing rights . Mr. Holmes advised t hat the Council shoul d request what they wanted in thi s pro p ose d legislation. In discussing a tt orn ey fees reque s ted by Mr. Sharpe in the even t we ent e r into such a co nt ract, Mr. Holmes said he tho ught the f ee of $100.,00 per day iia s t oo high. Mr. I-IolITtE's al so a d-vis nd that s ince recovery for t he T,,:,ib e and ':,he indiviciua,ls is not i n doub's,. we should not co nside r all owing an attorney rulY percentage unless it was a v ery small percentage , and t hen that should be over and above the amount we are to receive. Mr. LaRoche asked the Superintendent who was in charge since we do not have a r epJ,a cemr:l nt f or Mr. Kiernan1s position" Mr. McKee said he had left ev eryth';,r.,g to Mr" Dunh.?lIl and l-'I rso Jandreau since If.l1' . Dunham is fami liar with ~Lndian Office prcced'\l.re, and he had auth orized Mrs. ~andre au t o take c a::." e of aJ .l health matte:i.. . s <> He said he has had t o depend on Mr s . Jc:.!'.d:..~eau for e.11 of his info:rmation since Hr ~ Kiernan had left. Mro La. Roche said t}-),at Mr, Dunha:ll i s a tri b al employe e , and he did not want him oyer-burdened with additional respon s ibi l i ties . Mr . La Roche s t at ed also t h at the Goverr.lllent, still has its r es ponsibili ties he re an d there i s still Gover!1ment propert.y here to be looked af t e r. In t he diScu3sion on tra.ders licenses, lVIr, Holmes advi sed th at the SeCl~ e t a ry of the I nt. erior has desi g:oa ted aut h ()r i ~~y to th e Area D irectc~ to a.pprove or di s appro'.re the 58 u:;:,pl icati on :o a s they c orne i n. He said th e 'l'r2.bal Council can or.ly recolnme l1d~ but the Area Dired or is the per s on who ha st-he a ".l't.ho r it y to issue su ch a li ce nse e He did say, however , t hat wh ereve r possible, it i s the polic y of the ·office to coope rat e with t he Tribal Co uncils. Mr. Eagle Thunder moved to adopt a resolution to approve t r ib al p urchase at the rate of $3 cOO per acre from any available land fund s of the following-described lan~s: 1. The One- fo u rth (1/4) undivided interest of Hermine Fire in L. B.-522, Helen Black Part isan, dec. 2. Allotme nt L. B .-326~ Her Horse LOWER BRULE SIOUX TRIBAL COUNCn., MEETING 2/6/52 Mot i on second ed by Mr . DeSmet. a gainst. Vote: No objec t ions. P. 3 5 for - none A letter dated February 1, 1952, was read. Mr. Orvill e Langdeau requested a loan of cattle from the Tribe. The Secretary was asked to write to Mr. Langdeau and advise that this could not be done at the pre sent time unl ess the entire Program of Operations for the Lower Brule Lives toc k Enterprise was revised. A voucher from y~. Ralph H. Case was presented in the amount of $600.69. This voucher covers expenses incurred by ¥~. Case in connection with servic es performed under his contract, No.I-l-ind-42041, dat ed February 1 9, 1948, and relates to Lower Brule Indian Land Claim No . 78, Indian Claims Commission. Motion by Mr. Eagle Thunder to approv e and autho r i ze payment of this voucher as presented, seconded by Mrs. Bad Horse e No objections. Vote: 5 for - none against. A schedul e of prop o sed revisions in the leasin g re gula t ions was pres e nted. This was tabled until the members have had time to study it. ¥~. LaRoche advised that he had requested funds to purchase f eed f or cattle b elonging to the individual operators. He ~aid Hr. NcKee had advised that they were authorized to use their re l ief money to purch as e cake fo r the cattle. Mr. Adams said 30 tons of cake ha d already been ordered of which 21 tons would be sent to Lower Brule. He said this would be on a grant basis. Mr. Adams said too that t hey had the authority t o issue subsistence grants of ~50.00 p er month to approximately 20 operators at Lower Brule in an effort to rel i eve the s tress caused by rec ent storms. Mr. La Roche said he was concerned about these cattle since the Tri be s til l ho ld s the mortgage on them, and it would be to the advantage of all if we would assist all those who need help so that we co ul d s ave the cat t le and keep the operators in business. Mr. LaRoche urged th e Loan Committee to go out and check wherever possible and report back to the Council so that some assistance can be given before it is too lat e . He s aid, however, after we have given what help we coul d and the individual ope ra t or woul d not he lp himself or make any effort, then the only thing would be to li quidate hima He said if possible, we shoul d try to keep our operators from failing. Mr . Adams s a id he and Mr. Eagle Thttnde r had made a visi t to Cedar Creek t o check on Joseph W. Thompsonl~ cattle. He s aid there we re 4 dead that they could see. Mr. Langdeau said he agreed that we shoul d assist t he individual operators, but we should not encourage the operators t o neglec t th e ir catt l e. Mr. DeSmet and y~. Eagle Thunder both stressed the point that t he operators should be with their cattle looking after them rathe r than havin g the cat tl e in one place and they would be someplace else. Mr. LaRoche advised that he had ordered a "V" type plow for snow removal . He said this 'WOUld be us ed first for the Enterprise and th en LOWER BRULE SIOUX TRIBAL COUNCIL MEETING 2/6/52 P. 4 to help the individual operator s . The question arose as to whether or not it would be possible t o use the $10,,000.00 ])nergency Reserve of the Enterprise. l-1r. LaRoche said t he Council could approve use of this fund if it is requested by the Manager. Mr. Adams suggested that the Tribe request a loan from the Government in the amount of ~O,OOO with which to give loans to those who could not qualify to re ceive assistance on a grant basis. Mr. LaRoche said thi s would take too long since the need for feed is now. ~~. Langdeau said he thought everyone would be better off without any assistance from the Government since they should start to do their own business. Mr. La Ro che said the Manager could buy feed if it is abs olut e ly necess ary unde r our Emergency Reserve set up, but if i t i s given out t o individual oper a tors" it would have to be repaid in cash . H~ said i t would not be possible to give actual cash loans fro m.th is Emergency Reserve. l-1rs. Spott ed HaWk said she wished to thank the members and Mr. Adams for trying to help these young men stay in the cattle bu sines s . She said she hoped that those operators who are helped so that they could continue in the cattle industry would show their gratitude by doing for t hemselves as much as possible. There was a short discussion on the ERA. Mr. LaRoche said he would personally contact the REA concerning the problems we have in conn ection with t his proj e ct. Mr. Eagl e Thunder stressed the need for funds for short t e rm lo ans . Mrs. Bad Horse requested that a list be made itemi zing tho se lands which have been sold and those which are retained in trust st atu s f or Pea rl or Jul i a Small Waisted Bear ¥J.etcalf. The f ol l owing bills were presented: Gen eral Fund: Mo s e s De Smet ; Day & mil eage ••••••••••••••••••••••••••• ~;12. 20 Leslie Lan gdeau; Day & mileage ••••••• '••••••••••••••••• ~~ 8 .60 Emma Bad Horse; Days & mileage •••••••••••••••••••••••• $1 2.40 Alice H. Jandreau; Money order fees and mileage ....... $ 5395 Total: •••••••••••••••••• ~~39 .15 Relief Fund: Thoma s Eagle Thunder; Days & mileage •••••••••••••••••• $5 7. 00 Josephine Spotted Hawk; Days •••••••••••••••••••••••••• $33.00 LaRoche Store; D r=-0t · -·1 "UP! ·~·' ( ' t~ +''' '''e l9 .00 Ali ce H, Jc.n 1reau, Of f ico exp o and rnUe age ....... . . CIl .60 Helen R. 1'hor:psv n, Ref und for p er sonal fu.nds us ed on t r i bal tr i p to Ab erdee n Area Offi ce •••••• • ~PlO . 55 . To tal : ;;i;4l.15 Re lief Fu.'1d: ThOmas-Eagle Thunde r, Counci l •.••••••••••••••••••• • $33 .00 J o sephine Spotted Hawk, Coun ciL •••••••••••••••••• • ~ 9 .0Q Total : ~;42 ~ OO r{otion by Mr. Eagle Th unde r to approve pa yment of the ab ove bil l s as p resented, second ed by Urs. Bad Horse . No obje c ti ons . Vote : 3 f or- none against . Mati on to adj oum by l--1 rs. Bad Horse, se c onded by Mr . EAgl e Thunder . No objections. Vote : 3 for - none aga inst. The meet ing \-Ta S adj o urned at 10 :45 a .m. ~ ~ V. ./' , / V. {j eE/Ji4-. u_d,tL/. ~ Ali ce H. J an::'roaw,' Secret ary of the Tr i bal Council. 52-18 RESOLUTI ON ., J. RESOLUTION LOvJER BRULE SIOUX TRIBAL COUNCIL Lower Brule, South Dakota WHEREAS , we have r e ceiv ed Fi eld lviemorandtIDl No. 146 is sued by the Aberdeen Area Office i111der da te of March 13 , 1952, t o which wa s a tt ached the new land r egul ations from the Connni ssion er of Ind ia n Af f airs , "Resources , Land , Te rmi natio n of Re st rict i ons on and Conveyance s on ]Ndi an Land, Vol . V, Part IV, Chapter 2, Se ction 202.04C", a nd WHEREAS, the Lowe r Brule Si oux Tribe, in an eff o rt t o cons olidate our pr e s ent land holdings in our land ac qu is i tion pro grrun , has in full force and eff ect, a Land Ser vi ce Ent erprise under wh i ch we ope rate to\\'ard our ulti mate goal in the acquisit ion of trib al land h oldings, and WHEREAS, the above-men t.ion ed la nd regula tions "vere put into eff ':lct without any consultation or study 8.S to how such r eg ulations would affe~ t the land transactions in which our TRibe, and in some i nstances our indiVidual IMdian op erators, have any dealing s, and WHEREAS, such regul ations would de feat ent irely our aim in attempting to admini ster our tri:')al affairs t o th e best of our abi lity and vlOuld a ssist the l'h i te operators on our rese rva ti.on in secu ring our lands wh:Lc h are needed f or the L led. th..i.s 29th dny (·f MCl.Y: 1952 ., t hat \of,:' t he J"O'."f :r B:':'i;\J.. ::1 S iCiUX: Tribe; pu:cEu an t t.C' a'lt !! u~ ' i ' ;~y \"est ed in it by A~ · tj. (, 'L e 7 1, 3€Ct .2.0!1 :. (b) of the Const. :i :::' 1.}t:i...) :.~ (If t hB T::'i 'Je .. r a t· ~. i'i :)o~. [..Y· ;·[,·3 Tr:\. re. ('Ii: (I·,; ' : · obe ~:, 5, 1935, ond a p: ')r0 .re·:~ l:, ;>r t.~ p' Se cret.?!] ci' th A I! l te:" " C'," ti l':'. N=>vmn!."'Iar 27: 1935 .• pl"J.· ~ ·'; ;,'~lt t. c ·S ~ d,icn 16 oi' 'Gh~ Am', of J l1l1 \1 1 9; 19)4 (48 Stat. 984). This reoolutio n is ef f'3ct i ve as of the date of its adopt.inn. ct:. :V\'t , ( ct.~~ Alice H. Jandrp,iu. ,. Secretary of the Tribal Counc il. APPROVED: D~ . -- Supe r int e nd en t ! . .. RESOLUTION NO. 52-21 RESOLUTION L01.rlER BRULE SIOUX TRIBAL COUNC IL Lower Brule , South Dakota BE IT RESOLVED by the Lower Brule Sioux Trib al Council in sp ec ial sess ion as sembl ed t his 29th day of May, 1952, th at we he r eby authorize disbursement of t he paye es and amounts as list e d: Gener al Fu."ld: E'ni:1i. , Jad-r-I0rse , Counci l ' and mileage •••••••••••••• $19 . 00 o J11ice H. J3lld ra au, Off ice expo and mileage ••••••• $1L, 60 Helen l!.o 'J'::. u;r.ps,)n , Ref und of per sonal fund s on trip GC A0e~deen Area Office •••••••••••.•• • $1 0.55 !JJ1Ir.,1l1 CO'i.ll / CJ T:reas',;.ror , Lic e nse for trib al car ••• $20, 50 Doroth;)r Jan1.1:'el3.u, Lo n-r.. •••••••••••• , •• ,., ••••.••• ~4~~QfI Total : $461. 65 Re l~. E:': F :.r,d ~ 'l':r:Omu-; 'E8s1e Th'..illdc r, Council •••••••••••••••••••• $33 . ()0 J csephifl.e Spotted Hawk , CounciL •••••••••••••.•• ';~; J. :.:. 9. :C: To ta,l: ~ 42.:00 Th0 f. :> r 'J ~.g :.'es,)1 1l.t.i 07'. '..ra s on May 29, 1952, duly ad()pt,c~: 'L'V c vote of t.h~'.· eJ for B.:1d l oo ne 3. gain nt. by the Low er Brule S j, O'..L'V 'I' )/~1)i:~'0 l:(lu,;--:c il fo j.' 0':':-13 1 c !·,r"lr :g:r:.'. le 8iot:x 1,d b e , pursu.ant to aut horitY';T8 1:"(:'8d :I n i t by f.x,ti~le V'I, Secti or. 1 (1' ) of tID Constitution of the 'Irite ., r a ti fi ed by t1->;; T ...i b o on Ot'-:-,ober 5, 193 5, and approved by th e ~ecr.;;· ijc , l"".f of t he Int 2r:'.-:-J.c on N·,) \cr: !llbe r 27 ; 1 93 5, pursuant t o Sectio n ::. 6 01' t:lI:) j .o;;,t of June 2.2, 19::>4 (48 s tat. 934). This resolution is e ffecti ve as of the date of its ado pt:i.')n , /) ~A.(en i n t he cattle business longer.; they have more as se t s ~ and. 'i;hey have credit ava ilable to them that the Indian operators do n ot haye . He said he tho ught the present rates were high en ough. Lir. LaRoche sa i d i l t he c at:cl e oper ators would agree not to particip ate i n the Divi dend and Rel i ef Pro grams, then we might be able to hold the lease s do wn and s till g ive those who do not have any cattle a little mo r e. Mr . Rice outli ned' the foll owing which would have to be incl uded i n t he re solution when it is passed by the Tribal Council : 1. 2. .3 . 4. 5. 6. 7. Det er mine vmether to a uthorize grazing permits t o Indi an op er ators at the min imum rental est a blished. Determ ine the cl ass es of livestock to be grazed on unit s. Sheep can be excl uded from gra z ing units • The minimum rat e which sha ll be charged for tri bal land and t he r at e recommended for allotted land. Numb er of ye ars for which grazing privileges are t o be a ut ho ri zed. Number of live sto ck to be grazed free of charge on t~ibal l a '1d. Det erm ine whe th er Indians who are bona fide operators shall be g~".en t he privilege of meeting the high bid. Dete rmine whether you wa nt to give non-Indians t he privilege to me e-~ h igh bids on units providing Indians do not exercise their pref e m e r~.'~f as stat ed in the preceding paragraph. r LOWER BRULE SIOUX TR I BAL COUNCil. MEETING 8. 6/ 11/5 2 P.2 Aut ho rize the Superintendent to j"ssue permits t o the succ es s ful bidde r s . Mr . Rice said it would also be nec~ssary that all graz ing pe rmits expire at t he same time. Mr . LaRo che asked if t he regulations are mad e a ccord ing to th e nee ds of ea ch r e se rvat ion or if the same regCllations apply to all re s ervations : rega rdle ss of the differe nt problems involved. Hr . Ric e said the "slidi ng s cale " is somethin g which they hope to put into eff ec t on a ll reserv a tions ., He said th e main re as on is to get a longer cont ract period so a s to be ablo t o give a g·uaraIlt.!='!e of te nu re to the unit permittep.s. He also said th at a l ot o f t re :regtila tiO!lS a re ai!ned at rentbg to 1ihite ope r at ors because allotted l an d is u f., ed by non-Indians l and he said he tho ught eve ry white operator should be cha rged just as much as they could bea r. }~ . Langdeau s aid t hat i f the prices on gra zin g units go hi gher, t he Wh i te op erat or s wil l j ust add more cattle. Mr. LaRoche said there a re cas es vihe r e the v-ihite op e rators have over-stocked the r ange : but they have taken the c attle ,Jut ,.Th an th ey knew anyone from t he off ic e wo ul d be th e j~ e to ch p- ck an d t hen t h ey are put back in aft.er...rard .. Hr. Rice st ated th at i f a ffid avit s were tt'.r ned i n certify ing to the fact that the r e was an;>:' oversto cking on our r an ge units, a check would be made imme diate l y. Mr . Rodgers sc:.i d t h at Art hur Gilman had pa :id his fe e last ye ar for overs to ckin g hi s un it.. The memb ers felt that paying q, fe e woul d s till not put t he land b ac k in t he cond ition that it was before it was overgra zed. An applicat i on f or an educational loan in the amount of $500 0 00 on behalf of Frankl in Estes was p resented~ Since we do not know definit e ly whethe r or not we 1...-ill have s uffic:ie nt funds in o ur r ev olvi ng lo an acco'..lllt to a ssis t Mr,. Este s, Hr. Ea gle Thunder moved to r ecommend this lo an fr om t he Federal Governme nt . Motion seconded by Mrs. Spo tted Hawk . No obj ect i ons. Vote : 4 f or ~ none against. Th e minut es of Hay 7th and May 29th 1-Tere re a d. Mr. Eagle Thunder movem t o adopt th e se minut es as read. Motion seco nded by Mrs. Spotted Hawk. No ob je cti ons . Vote: 4 for - none a gainst. An appli c ation for renewal of ~ra der l s lice ns e fo r H. R. Lockwood was p~ ese nted . Motion by Mr. Eagl e Thtmd er to a pprove t his re q~es t, second ed by Mr. Lang de au . NO ob ject i ons. Vote: 4 f or - none a gai n st . Pro po se d tri b al land purch as es we re presented as f ollows : 1. 2. 3. LB-59S, I saa c HOrac e Day Boy, appraised at ~ ,6 0 0. 0 0. LB- 64l , Harry vvi11iam Gilland, appraised at ~~7. 00 per acre. LB-192, Thomas Flying Walker, app rais ed at $960 .. 00. Mr . Eagl e Thunder advised that the tribal land committee did not get a ch anc e to apprais e any of these lands. He said they were not ev€~ advi s ed of t he tran s a ctions which are handled through t his of fi ce. 1f.tr . LaPoehe he could not unde rs t and the fact that LB-598 was a ppr a is ed at $10eOO when .. r LOWER BRULE SIOUX TRIh..u.. COUNCn.. MEETmG LB-641 is appraised at $7 . 00 per acre. He said LB-641 is l and that is just, as good or b etter than the one appraised at $10 .00 pe ~ acre . Mr . LaRoche sa id he lolOuld like to have the money from the Gove rnment f und obligated prior to June 3 0th so that we would not lose it, but he has be en a dvi se d t hat any appro priations made to the Lower ~rule Sioux 'l' ribe would be d educted f r om any claims awarded t o our Tribe from the F:eder al Governmen t. He s aid also t hat wh en we p ay a high price from the Fede ral app ropriation, th e people expect the same prices from the Tribe also. Mr . Langdeau moved to table these transact ions unt il a ll land app rais als are ad j us t ed a nd th e prices are withiI.\ what th e Tribe c an afford t o pay . Motion se conded by YiI'. Eagle ,T hunder. No objecti ons ~ Vot e : 4 for- .none a gainst . . The r eport of the Livestock Enterprise for the month of May, 19 52, was presente d . No comments. Requests for extension on loan and repayment ca ttl e wa s pr e se nt ed ~n b ehal f of Charles Langde au. It was decided to withhold action on the r eques t for an ext.ension of repayment cat t le unt il s uch a ti me as we ha-re t:l. de fini te ag 'L~ee;nen t, on how these will be h"l. n dled. £IiI' . L"l.ngde au move d to approve an exten s ion of the cash loan of Charles Langde au for th i s y ear. Motion seco nded by Mr. Eagl e Thunder. No objections. Vote : 4 f or none against . Mr. LaRoche explained t o the members that he would recommend ext e nsions on repayment ca ttle to those who actually n eed an extens ion t o k eep them in boloiness , but he said th c.t. W3 cO:.1.l d not go b8low t he 1 ,000 he ad of b !'~ e d jng cows of the Ente:':'Prise as i s called for in t he Pro g r2.li: of Opera.tions . He s a id i f by granting ext.ensions to our ope:rators wa ar e pl ac i ng the Ente rp r ::"se below the 1 :000 T.lark s et, we would ej. the~ h ave to revi se our Ente r pri3 e p rogram or deny the reques ts f or extensions . He suggested tha t if s uch would be the case, it might wo rk out if we al lm.;ed the operat o rs r eques ting an d needir.g an extension to keep the ir r epayments unti l fall , t hen they could take the calves and ati ll turn in a b red cow. Mr . Eagl e Thunder moved to meet with Area official s in Ab erd een to take care of t he se pr oblems on June 18th or the fir st availabl e dat.e afte r t hat . Motion seconded by ~~s. Ba d Horse . No obj e ct i ons . Vote: 4 for none a gainst . There wa s a brief discussion on staggering the terms of the Counci lmen so tha t we would n ot have to start with an ent ire l y new gro ~p af t er each election. YJ!'. LaRoche said he l'IQuld suggest amending t he Cons t itt,.t ion so th at thr ee of the memb er 's terms wou ld be t,',m y ears a nd t!1 r ee for fc.· u~ years . !Vir. laRoche said a ls o thati he bel ieved the Chai :('IIla,Il and the of f icers of the Counc i l sho uld b e el e ct ed t o offic e by the Tribe . ti e sa id -:' [>,is would be with t he ex c 8pt io n of the Secre ta ry-Tre a surer of t he Tribe who if empl oyed under contract and bond for th i s o ff ice o. The Chairman l'equ e3ted ea ch memb er to talk t his matter over with the p eople in e;lch di str i ct. since any a ction of this kind would ha.ve to be by a majority vot e of th e ).€g li~. vot er s. It was al so decided to take thi s matter up with th e o ff ic ials in the Ab erdeen Area Off i ce. LOWE R BRULE SIOUX TRIBAL COUNCn. MEETING 6/11 / 52 Mr. LaRo che a dvised th at figures shown by E. Y. Be rry ind icate that 80 p er cent of our reservat~ on is being utiliz ed by Indians, a. nd there is some thought of p roposing legislation to allow fo r withdra.wal of the Fed eral Gov ernment f rom the I.owe r Brule Reservatio n . Mr . LaRoche also advi sed th at he was informe d wh ile in ~ 1ashington that the Ind ian Department would exempt the Trib e from b idding on la.nds f or sale by Indi ans , but no exemption was made foY' purchase s of land by ir.d ivi dual Indians. The Chairman said he obj ected GO the pr CRr;nt l and r Egnla·::' j.ons concerning l and s a les bec~~se ''Ie are b ein g pe nali ~ uld be unable to is sue a permit to him to sel l hi s cows . He said inste ad the.r might see if a bank Wo ul d ta ke a mortgage on hi s yearl in g he ifers if he i s actually in nee d of oper ati ng expense s. Mrs . Bad Ho r se asked, i f the forme r all otment of Ja spe r DeSheuque t t e i s up f or bi ds . I{r. LaRdc hy B ~id i t was no t n ow up f or bi ds, but he t hought t hat mi ght be t he best~v t o, hahdle it since t here a r e about s ix p art i es who want t his land td f arm. He said ther e is a ls o a chance t hat the mana ge r of t he Li vest ock ~ er.prise may desire to use that in co nnection wit h hi s Ce dar Creek oper~ tions. The foll Owi ng bil l s were presented for payment : Ge ne ral Fund: Ri cha rd LaRoche, J r.; Council ••••••••••••••••• • ••• • •••• • $ 48. 00 Le sli e Langdeau, CoUnci l ................ . .............. , . $ 8.60 Knox Servi ce } Chai ns for tribal car ••••••••••••••••• ~ • •• ~~ 10.80 Ali ce H. Jandreau , Mileage ••••••••••••• ~ •• • ••.•••••••••• $ 20 . 10 JOltce DeSheuqu.et t e, Of r ice ••••• • ~ •.•.•.•.••.•••••••••• •• $ 7 .50 Maryla nd Ca sual t.y Co", Pt-emium on Trea surer's bond ••• ••• $ 25. 00 Emma Bad Hors e, council ••••••••• • •••••••••.••••••••••• •• 22. 00 Total: ,142. 00 Rel i ef Fund : Thomas Eagle Thund er, Council •••••••••••.•••••• • ••••••• • $ 24.00 Josep hi ne Spotted HaloJk, Council ••••••.••••••••••••••••• • $ 9. 00 Gambl es St ore, Re d Cross Relief Mattress es •••••••.•••••• $ 52. 45 La Ro che Stor e, Gas oline ••••••.•••••••••••••••••••••••••• $ 5.10 Tot a l: $ 90. 55 t Mo t i on by Mr . Eagl e Thunder to approve payment of t he above l is t ed bills as present ed, s econded by Mrs. Bad Horse. No ob je ctions . Vot e : 4 fo r - none agains t . Mot ion to adjou rn by Mr. Langdeau, seconded by Mr . Eagle Thunder. No ob j e.cti on s . Vot e : 4 f or - none agail".st. The mee t i ng was ad journed at 5:20 p .m. ,; LOWER BRULE S IOUX TRIBAL COUNCIL MEETING 7/7/52 P. 1 MINUTES: The meeting was called to order by t he Chairman, ~~ . LaRoche, at 1:45 p.m. Roll call as f ollows : PRe sent Absent None Richard LaRoc he , J r., Chairman Mos es De Sme t, Vice Chairman Thoma s Eagle Thund e r, Sgt at Al1ms Joseph ine Sp otte d Hawk , Chaplain Emma Bad Horse LEslie Langdeau Al ice H. Jandreau, Se cre tary-Tre asurer (Non-merrb er) others present : J. N. Coop er , Aberdeen Ar ea Di recto r c Glenn R. Landbloom, Area Ext ension and Cre dit Offic er Rex H. Barne s , Area Land Officer Carl D. Rawie, Area Range Conservationist J . Kenne th Lo ng, Field Aid John Dunham, Livest ock Enterpris e Manager He l en R. Thomps on, Tri bal Land Clerk R. B. MCKee, Sup er int endent Wi l lis J. Adams , Extens ion Agent· . D. E. Rodgers , Rang e Cons e rvationist Arl ene LaRoche Charl es Long Turkey Thomas Two Hawk Henry Good Face , Sr . Jo seph T\o.U Ha\t4{ Mo s es Two Hawk Mr . LaRoche advis ed that the officials fr om t he Are a Office would be re quired to give a cl e ar expl an at ion of the new lan d regulatio n s. He sa id we want ed t o know if the present r egulatio ns re qu ir e membe rs of th e Counc ilor tribal employees to bid on th e ir units on the open market , if t he lease rental s we re t o be raised, and the me t hod us ed to determine the amount of l ea se rentals to be charged. Mr . Rodgers sa id t he pr oposed lea se rent al s would be on a sliding s cal e basis. . He s aid t he rec ommend a tion is t he same as '''Els adver tis ed at Rosebud in 1951 which \-lOuld be t o take t he average p rice on cat t le per hundred weight which was $30.00 by 38% app roxir.~ting $ll .38 per cow unit p er year . 1I..r . Rawie st ated that t he use of a s lid ing scale would allow the gra zing f ee t o be adjust ed upwar d or do wnwar d each year depending upon the price of bee f. He sai d under this would allo w five year permits t o be wr i t t en wi th both the l an d owner and t he i nd ivi dual operator getting t he benef i ts from curre nt market pric es . Mr . LaRoche a sked what would be done if the Co uncil pa ssed a res olut ion not t o agre e to i ncrease d r entals on allotte d lands. Mr. Rawie answered that the Tribal Co unc il has the authority to set the rental on t r ib al lands, but on allot te d l an ds , they could only make reco:onnendations . Mr. laRoche asked i f the office considers submarginal l ands to be • t ' . LOWER BRULE SI OUX TRIBAL COUNCIL MEETING 7/7/5 2 P. 2 wi thin t he same catagory as tri bal lands. Mr. Rawie that as l ong as tha tribal l ea se on s ubma r gi nal l ands is in eff e ct, t hes e l ands would be c on· ~ s ider ed t he same as tri b al l ands as far as grazing permit s are concern p.,:! " Mr . LaRoc he asked i f, wh en t he Are a Off ic e of fi ci al s were con side : ' ~..· ing r ai sing t he lease ren t als, t he pr og r am of our Live st ock En t erpris ~ was t aken i nt o consi der ati on. Mr . Rawi e st ate d that t he land owner i s ent i tled t o a fair rent on his l an d whet he r i t i s used by t he tribal ente rpri se, an in divi dual Indi an, or a no n- Indian . ~lr . laRoche sa.id t ha:' if the l ease rent al s a.l~e rai sed, some of the oper ator s ,,{ould no t be ao:1.o t o me et thei r exp enses. He said also that the I ndian Offi ce had alwa.y:; be en in f avor of having a tribal herd, but by in cre as ing lea se r e ntals beyond a f air ra te , the I ndian Office would be de f eat ing one of their own pro~rams . Mr . laRoche went on t o explain that i f t he l eases are raised, the per sons wi th l and wit hin the Enterprise units woul d be getting increased rent a ls and would still be entitled to their be r.efit s fro m t he Enterpr i s e and that alth ough certain ind ividual s would r ece ive more money from the Ente r prise through incre ased rents, t he ove rall benefits such as the di vi dend a nd r el ief moneys to the Inembers of t he 'f ribe ,,[oul d be either gr eat ly re duced Or may have to be cut out of t he program enti rely i f the operati ng exp en ses of the Enterprise are too high. Mr. Rawie s aid that t hi s sliding scale has been put into eff e ct on va ri ous other r e servations, and although the ~ncre a s ed l and rentals compelled the individuals to manage their operat ion s mo r e effi ci ently t han previ ously, t ho se who were operating on a sound f in ancial basis wer€ not put out of t he bu s ines s . He said he did not be lieve t he individual Indian operato r s sho uld be subsidized by the l and owner s . Mr. Rawie advised that the Area Office has not set any definite rat e yeT. ,.... a. nd if the Tri bal Counci l feels that $11.50 per cow uni t per y ear is to o "l1:i.gh on allotted l and s, some a ction should be t ak en to s how what is co nsidered a f eli r rent al . He said also th at if t he re commendation is t o charge the non- India ns a higher rental than the Indian oper ators, t he l and owners would undoubtedly want to lease thei r lands t o the white oper ators . Mr. laRoche s aid there was not too much argum ent on t he us e of t he sliding s cale, but we did not want th e l eases ~ai s ed t o the extent tha t it would f or ce our ope ra tors out of busi ne ss. Mr . Rawie was asked why the pr ice of t he eood l and leases for the same pri ce as gumbo h ill s. He sai d t he ope rat or only pays so much per head of c attle per quarter acco rd ing to t he car ryin g capa city of t he land . Mr. LaRoche st at ed t hat some of the gumb o quart er s are lease d at as muc h as ~63.00 per quarter in some units, and in s ome inst ances, the pe r son wit h a gumbo quart er i s r e ceiv ing more l ease r entals than the per 30r. who has the good land . Mr . La Ro ch e sai d so long as the Indi an Office is ta king su ch an inte r est i n t he indivi dual land owne r, t hey shoul d at l e ast see t hat t ho se land ow oo rs with t he good l and are gi v en a f air ra t'3 of r ent . Mr. Rod gers sa id that in t he range units, all t he allo t me nt s €; O for th e same r a.t e. Mr. Rawie said they have not got to the po int yet wr.e :'e the lands are broken down into differ ent catagories, but he said the land is bei ng l eased on a pe r head basis, not by the a cre. . • ' "I LOWER BRULE SIOUX TRIBAL COUNCIL MEETING P.3 7/7/ 52 Mr . DeSmet asked i f the white ope r ator s wo uld be allowed to bi d on units needed by Indian operat ors. Mr . Rawi e advi sed that un i t s f or Ind ian o p erat o ~s with 250 head of catt le or l ess would be allocat ed to t he Indian operator in stead of b eing put out for bid. Th~ Chairman said he wa s told t hat Counci lmen woul d have t o bid on thei r u..'1its. }1r. Rawie said t his was not correct . Mr . C00per sai d he was a l ittle di sturb ed at t he concern expres sed as to t he mo t ives of the Area Office in the mat ter of grazing privile ges. He sc:.id hp- ..,muld like t o impress "on us that the Government i s the trus te e of restricted t r~st l ands and as r ep r esent at ive s of t he Government , they are obligated t o the individual land own er s fo r c ertain bas ic re spons ibili ties. He stated that the Tri bal Council i s r espons ible for tribal lands . YlI' . Eagle Thunder said he would ins ist on t he r i ght s grante d t o our Tribe under the Indian Reorganizatio n Act. He said we shoul d be consulte d on any problems concerning the members of th e Lowe r Brule Sioux Tribe or thei r property rat he r t han have t he offic ials make ~l these de cisions and then bring the ir programs here to be approve d. Mr. Thomas TwO Hawk spoke in t he Sioux l anguage, inte rpreted by Mr . Eagle Thunder. Mr . Two Hawk s stat ed t hat some of the younger gene r ation are just getting st a rted in the cattle bus ine ss , and i t seems t hat the offi c ial s in t he Ar ea Office are dOing ever yt hing t hey can t o disc ourage t hem and to put them out of business. He s a~ that while the Ind ian cattlemen are bei ng put out of business and are on a st a rvat i on diet , t he people i n the Ar ea Office \\'Oul d st ill be getting t he ir thre e meals a. day . Mr s . Sp otted Hawk s aid t hat some ask for pe rmits to sell cattle to get their haying do ne. She s aid some can get t he permits while ot her s are held ba ck and s till they are expe cte d to get hay put up. She asked if the office could not keep t he prices within the ran ge of the operato r s . Mr . Landbloom s tated t hat he has been interested in t he tribal ent erpris e pr ogr am as well as that of the indiv idual operators , and he s aid we had made progr ess and we have our program that is much mor e so und than vie could fin d on ot he r r e servations. He said th at mos t of th e peopl e present were cat :cle opera tors , and he wond.e r ed '>Ihat the reaction of others would be who did not have cattl e but were land owne rs. Mr. X~Kee said he real ized i t is extr emely diffi c ult for a y oung man to get a start now, and they nee de d s ome encouragement. He s aid he kno ws that some of 'c,he oper ator s a re for ced to se l l some of thEl ir Qat tle t o meet their expenses knowing at the same time t llaytheyar e ipo.ebted t.Q the Tribe . YlI' . McKee s tated t hat th e per ca.pita paymel).t r ec eived 1;>y ttle t ~ibcU. membe r s does compensate t hem for a l owat. le~se rent al. :' . .... " . :. " . " ,, ~~ Mr. LaRoche advised ~h at he would have Mr . Henry Goo d Face l SR. ci r culate a petiti op amo ng the "lan d owners as to wh ether or not the y wished to have the l ease r ent als raised. ' The Chai r ma n asked if the Area Office had received any correspondence showing that the Lower Brule Tribe was excepted from the current regulat i ons LOWE R BRULE SIOUX TRI BAL COUNCIL MEETING 7/7/ 52 P. 4 as promised by Mr . Frank Hutchinson fro m the Washingt on Office. Mr. Barnes sai d the Washington Off i ce had not s ent t.hem any "..,ord co nc erning thi s. 1-1'1' . LaRo che explained that sin ce the r e has never been any i ns t ances l'lhere i ndividuals have s peculate d in land transactiol"! s, he felt that at least the Tribe should be a ll owe d to purchase la nd without havin g to go out and bid on trust lands when we are handicapped already by the amount of money we have for this pt:.l'pose . Mr. laRoc he said he did not believe we should be pena li zed on th i s reservat i on because of s omething that has taken pl ace on some o ther r eservation . Mr . Cooper advised that if ther e is an ;~r doubt concerning any land tr an sactions under the poli cies state d in Men;.orandum No. 146 , the Superintendent shot~ld be c on s ul ted. He said that, on any tribal or individual land transactions, ~ st atement of justi f ic at ion should a cc ompany th e p apers that are submitt ed on t he transa:tion . ¥x. Barne s said th ere i s nothing against exchanging lands Ul!.der thi3 new program. Mr . LaRoche asked about a cash exchange . llir . Barnes sai d if the cash is g re ater than f i ve percent, it be ~ om0s a sale rather than an excha nge . Hr . Barnes also stated that he did not know of any ca s es at Lower Brule where the re was any land speculation. Mr. LaRoche said he wondered what caus ed the great int erest in the individual land OWi1.e r by the Area Officp., and he asked l'lhat was the purpose of supe;ryised l and sale s othe r t ha'1 t o se cur e more mon ey for these lan ds. Mr. Barnes answered t hat b efore the l and appraisals we re not ke pt current, and in cert ain place s some people h ad taken advantage of this to speculate. Mr. LaRoche asked what i s to kee p th e i n dividual Indian from selling his land to a white man after i t is advertise d. Hr. Barnes s a id noth ing i f it i s to the best interest of eve r ybodYi but we cou ld s t ill make a pr ovisi on t hat an Indian or the Tr ibe would h ave t he right t o meet the high bid. ~~ . LaRoche said th e Trib e doe s not have t he mon ey to meet a ny high bids. Mr . Barnes said t here has never been a t5Jne when an individual Indian could not get a patent in f e e if he insiste d on it . Mr . Eagle Thunder said that too many of t hese land tran sactions go to the Superintend ent instead of be ing brought to the Chairrr~n and the Co uncil, and he s a id, it seems that now we do not bave a supe ri ntendent . Mr. Eagle Thunder said i f the Indi a ns are e ncouraged to sell th eir lands, where are they going to go and whe re l'r.i.. ll they live . He s aid t he tri bnl benefits that the indiv id ual Indi ruls re c eive from the Trib e, e ven if the y sell their lands to t he Tribe or to another ,I ndian, ,~u ld more than compensate them s ince they receive t he mon ey from t h eir land and the Tribe still gives them their right t o participate in tri bal div id ends, etc. Mr. LaRoc m said he would stil l l ik e t o know when the Ind:ian Office started thinking i n terms of indiv iduels as far as the In dian s were concerned. He said it has always been tl1at a se '~ of blanket regu l a t i ons were set up to govern all Ll1.dian s r egardle ss of probl e ms invo lved - that it used to be that t hey had to all drd SS a like al1.d all do the same thing. Mr. Cooper stated t hat t here has al'\'l.'ays bee n a dis tin ction between individual business and t ribal busi nes s. He s aid we are getting down t o the fundamental individual right s - that there i s no logic telling an LOWER BRULE SIOUX TRIBAL COUNCIL MEETING 7/7/52 p. 5 . i nd ividual allot t ee , whose l and is i held in t r us t, what he can do with that land . ~~. Eagle Thund er asked Mr . Cob per if thi s i s the reas on he does not recognize our t r ibal organization and i f he t hought th e tribal organi zat i cn should be done away with. W. Cb oper sa id he did not believe our org~~izut ion should be done away wit h. V~. Co ope r sa id the officials woulci go along with the Tribe in an effort to ret.!:;j,l1 the land in Indian o wne~ship . y~. DeSmet suggested helping th e individual Indian operato r s, as well as the Trib e, to acquire l a nd for their opcr~tions. Mr. LaRoche asked if the Tr ib e coul d make a:l exeha::'lGe assignment with an ind iv idual INdian and have a t r us t patent : .fl"lUeJ to the individual instead of an exchange ass i gnment form. ?iir . Ea:r·:.'lAS :; .£.11 that under the Act of 1934 this could be done - t hat if an ::" n~liv id L'",c. . l ,Lnd.~_an deeds arl. allotment and i f the Tribal Council is agreeabh~ , e. ".:,rust patent can be i s sued on t he tribal land wh ich the individ ual would taxe .in lieu of his allotnlent . He sai d, howeve r , t hat if t he i.!1divid ':.laJ . i s 2ust relinquj shing an exchange ass i gnment , they could not get a :'rtlst patent but would have to tak e an exchange as si gn ment. Mr . LaRoche st ated that the Trib al Council had re c eived requests for extensi ons on r epaymen t cattl e cont r ac ts . He said that due t o the v ery severe \'lint er , some of th e operators would need a 1it/.:.l e assistance to help them along, but he wo uld not recolIDllend a blank et extens ion to cover all the operators . Hi stat ed that in granti ng su~h ext ensions , we would also have to take into considerat ion the f a ct that t he breeding herd of -t he Livestock Enterprise shoul d be kept at 1:000 head or more. Mr., Lan dbl oom said th at number is to keep th e Ent erp:"'ise of s uff i cient size to t ake care of the expens es and still show some profit. He sai d that in granting any extenSi ons , they sho uld be grante d on an ind ividual basi s. Mr . LaRoche asked if i t wo uld be possibl e fo r the Tribe to secure a loan from the Government of $75,000.00 so tha t \,Ie would have more money i n our r evolving credit fund to a ssist t hos e who need help in ge tt ing establ i shed. Mr . Lan dbloom said t hat most of t he mo ney now in circulat ion is what is being repaid by the tribes. He advi sed t hat t he Tribe should make appl ic ation and submit this application f or action. Mr . LaRoche stated that our Tribe has had only $20,000.00 to start about 30 cat t le operators , and that amotmt for ,30 operators i s not sufficient to give them the amount t hey needed to get started. Mr . Eagle Thunde r advise d t hat i n Ap ri l of this year , Co ngress passed the General Rehabilitation Bill in the amo unt of 51 mi llion do lla rs . He asked if there was any chance of getting any of that money. He stated that our y~~~g p~ople should be al lowe d to parti cipate in the Indian Vocational Trai n~~ Program. Mr . Cooper stated that the Area Offic e has no information to show that t his legisl atio n has pa ssed. Mr . LaRoche asked if our road fro m Lower Brule t o Reliance would be fixed. ¥m . Cooper a dvised t hat th is is one pro j ect the y are urging the Indian Of fice t o approve . He sa i d t hey realiz e this road is an absolute necessity to our communi t y, an d before too long we sho uld rece i ve some infor:,lati on conce rning this . He advise~ , howeve r, t hat although year aft er year the Ar ea Office has stres sed th e need fo r such construction I,01rfER BRULE SIOUX TRIBAL COUNCn. MEE1'ING 7 /7 /52 p. 6 t hey have not r ec e ived any en couragement that const ruction p ro j ects wil l have any chan c e. Mr. LaRoc he as ked if the Indian Department has a.'1y p lans to furn i sh any sno", removal equi pment for the coming winter. j'v[r . Cooper answered t hJ t they a re pl anning to do this , and he is de pendi ng on the men her e i1no ar 18.S b rought t o the attention of t he Council that Mr. nC'·,.rard Lock\'lo od was using the poles from this line t.o fix his te1.epllone line from h is store to the Fred Reuer place . Mft. Ea.gl e Thunder stated that wh en they ''lere in Washington, t he t'rib a ,\ 640.00 whi ch would be ~ .OO per acre. Mit. Langdeau move d to adopt a r es olution to authorize trib al purchase of this land at the pric e stated. Mr:;;. Bad Horse seconded the moti on. No objections. Vote: 5 for - none against. Mr. Rawie and Mr. Rodgers were admitted to the meeting. Mr. Rawi e sa id he would like to dis cuss the matter of alloc ation of range units and the taking in of non-Indian owne d cattle. He s aid if a range unit is allocated to an operator; then, under t he policy as adopted by the office, he may be permitted to take in outside cattle under an approved past~ re agreement up to 20% capacity i n order to fill out hie unit. He stat ed t h~t the same thing would apply if an operator had bid on his unit and used Indian prefer~nce; but if an Indian bids on a unit without using Indian preference, he is permitted t o take in other Indian or outside cattle up to the limits of the permit. ~. LOWER BRULE SIOUX TRIb._-, COUNCJL ME.ETING 8/15/52 P. 3 Mr. Rawie a sked if th e Council had set up s ome kind of a committee t o work wit h Mr . Rodgers on setting up th e uni ts . Th e Chai rman s ai d the Land Committee cou ld work with him on this. Mr . Rodge rs said t hat either the Enterpris e would ha ve t o do more f enci ng or hav e the units adjusted. Mr . LaRoche a sked if the white operators had t o fence out the Ente rpri s e. Mr . Rawi e s aid i t is difficult to make a blank et stateme nt on fen cing since each c ase woul d depend upon the circwnsta nc es . He sa id, however, that if you have an established range uni t and a dj ustment s are made, i t is usual ly nec e ssary to vlOrk out a combination p ropo sition. 1-1r . LaRoc he stated that a white operator has about 5 qu arte rs in an Enterp ris e un it and his cattle have b e en runnin g on t he Indian-o wned land because the fen c ing has not been done. Mr. Rawie sug gested th at the manager work out some satisfacro ty arr ang ement with thi s wh i t e op e r at or so t hat the f encing would be done . Mr. Rawie also a dv i s ed that if a person wit hdraws land fr om an e st a bli shed unit , it is up t o th at person to fenc e and prot ec t th e la nd he ha s wit hdr awn. Mro Rodger s sa id that in a c ase i.m e re an :!.ndian withdraws l and from t he Enterprise, it is the responsibilit y of t he Indian operato r to f ence . Mr. La Roc he as ke d what the office po li cy is on an individual wh o has too much land. He said Ernest Bad Horse stated t hat s ome of his unit wa s going to be ta,ken f rom him b ec au s e he had mor e land than he should have . Mr , Rodge rs st at ed that Mr. Bad Horse alwa ys had more land than he needed an d be s ides the si ze of his herd was gradually decreasing. The Chairman s tated that Hr. Bad Horse wanted t o hold hi s unit and take in outside ca ttle. Mr. Rawie s a id he would have to re vi ew this c ase and that of the Two Hawk Broth e rs with the Supe r intende nt before any d ecis ion could be re ache d since both of these parties ha ve t oo mu c h lan d and de cr easin g cattl e he rd s . Mr . Lang deau as ked if a pe rson could save his own land and rlill cattl e on the la nd he had lea sed . Mr. Rawie sa id th ere was no thi ng to s to p the l and owne r f r om doin g thi s . Mr . Rawie said at Crow Cr ee k they ar e consid ering advert is ing l and for non-Indian use without f or.mer permitt ee prefe re n ce . Mrs . Ba d Ho r se aske d i f an indivi dual I ndian could withdraw his power of attorney and cut the hay on his land and s ell i t . Mr . Rawie said thi s c ould be done . He said th e ma.in thing is t hat th e land is used by Indians, but that the withdrawal of a pe rs on I s own l and b eing wit hdr a wn , that pe rson wo uld hav e to fenc e th e l and out •.. Mr. LaRoche said he did n ot think anyone coul d st op an Indi an f rom shar e-c ro pping hay on hi s mVI1 land. Mr. Rame said t h is wa s r i ght so long a s t he land i s withdrawn and fenced. He said, ho we v e r, tha t unless a person had an exceptionally good piec e of land, it would b e a risk to think of wit hdr awi ng and fencing ju st to share cro p one quarter of land . Mrs . Bad Hor se asked if a person could with d raw his own land to , LOWE R BRULE SIOUX TRIBAL COUNCIL MEETING 8/15/52 P. 4 b re ak up for fa r mi ng. Hr. Rawie s aid a p er son own in g l and co ul d do just about as he plea s ed with that piec e of land if it is withdrawn from th e unit and f ence d. He said a pe rson could withhold his own land s ince the off ice cannot put l and 'l-Tithin a unit without the authorizat i on of t he l and owner hims el f . He sa id t he only thing on t his would be that the Supe rint endent has, i n hi s di s cre tio n, t he power t o withhold approval of t he lease on that land to someone else. He stat ed t hat a p erson should re ali ze t h at certai n tr a cts of land are good farm land whi l e others ar e good fo r graz ing only. Mr s. Spott ed Hawk asked if th e Counc il would ac cept ap plic ations fo r r ep aym ent cattl e . Mr . LaRoche said according to th e n ew Ent erprise pr ogram, the next is sue would be ma de in t he sprin g of 1955, but t hat t he Coun ci l coul d acce pt appl icatio n if they desire. He sai d t he purpo se of the prog r am t hat was made was t o st ab ilize th e Enterp rise and to us e some of the ea rnings of t he Ente rp r ise to purcha se l and t hat could be used t o set up new ope r at o rs. He a dvis ed that it is up t o th e Counc i l i f th e memb e rs fe el th at th e program should be re vis e d. Mrs . Spott ed Hawk aske d if t he TRibe could pay f or de nt al work fo r t riba l member s. 1-frs. J andr eau advised that the Gov ernment was now ta kin g care of the payments fo r those persons who do not have cat tle or st eady employment on tooth e xtractions. She said any of t he school chi l dren who needed any dental work done should see the nurs e so t hat an autho ri zat ion could be issued . Mrs. Spo t ted Hawk asked for a toilet d o~m at t he Ent er pris e ranch f or the La die s Auxilia ry . ~~. LaRoche said sh e would have to see t he Ent e rpr i s e on th i s . Mr s . Bad Hors e as ke d about the lease on the farm land that the Tr ibe had purc has ed f rom Jasp e r DeSheuquette. Mr. La~oc he advise d th at t he l ea se on th i s would not expi re until Decemb er 31, 1952, and afte r that time t he Coun cil t o approve a lease on this or put it up f or bids . Mr . Eagl e Thund er requ e sted transportation for 3 dele gat es t o t he Cheyenne Ri v er celeb ration to be held on August 27th and 28t h. He sa id the Claims mee tings would be he ld on those t wo days . Th e Chairman said Mr . Eagl e Thunder , Mr . Cha rles Long 1'urke y, and Mr. Henr y (;(j od Face , Sr . would be authori zed t o a tte nd th e se mee ting s . Hr . DeSmet mo ve el t o app rove payment from t he Gene r al Fund of $25. 00 ea ch t o t he three delegat es to at t end these meetings. Motion seconded by Mr. Eagle Thunder . No obj ec ti ons . Vote : 5 for - none against. The Chairman announc ed th at the next r eg ular mee ting of t he Council would be held on t he fir st Wednes day in Se ptemb e r. The Se cr et a ry reque ste d t hat the Council appoint a Judge and Cle rk to compile t he votin g l i sts for posting. Mr . Langde au moved t o app oint Mr . DeSmet as the judg e , seconded by V~s. Bad H6rs e . No obj ect ion s . Vote : 4 fo r - none a gai nst. (Mr. DeSroot not votin g .) The Cha irman st ate d that if extra help is neede d, Joy ce DeSheuquet te would be appr ov ed. • LOWE1t BRULE SIOUX TRL ,COUNCn. MEETING 8/15/5 ~ P. 5 Mr s. Bad Hor se moved to adjourn th e meeting, seconded by Mr . De Smet. No obje ct ions. vote: 5 fo r - none again s t. The me eting was adj ourned at 4 o 'clock p. m. LOV\1ER BRU1E SIOUX TRI BAL COUNCIL ME ETING 9/ 2/ 52 p~ 1 MINUTES : Th e me etin g wa s called to orde r by the Chairman, Mr . LaRoche, at 2: 30 p . m. Roll cal l as fol lows: PResent, : Absent: Richard LaRocne:-Ghairman Josephine Spotted Hawk, Chaplain Moses DeSmet , Vice Chairman Thomas Eagle Tl'! wlder , Sgt at Arms Emma Bad Horse Leslie JoJangdeau Alice H. Jandrea11, Secr etar y-Treas ure r ( No n-member) others pr esent : Mr . Dunham, Mrs . Helen Th ompson, Mr. R. B. McKee , and IvIr . Wi ll i s J.. Adams. The minutes of the speci al meeting held on August 15 , 1952, were read. Motion by !vIrc DeS;net t o adopt the minutes as read, seconded by Mr . Eagle Thuncer . No objecti on s, Vote : 4 f or - none against. Mr . Eagl e T ~under gave a brief r eport on the meetings held at the Cheyenne River Agency dur ing the recent cel ebr at ion . Nominat io ns were called for th e coming trioal election for Council memlters . Mr . Eagle Thunder move d to appoint Hr . Abe Langdeau as tribal election judge for the Fort:. George Di strict, seconded by lliJr . DeSmet . No objections . Vote: 4 fo r - none a gai nst . Mr . Langdeau moved to appoi nt Mr s . Alice He di cine Bird as election clerk of the For:' Geo r ge Dis trict, seconded by ¥lrs . Bad Horse . No object ions . Vote : 4 f or - none agai nst . Mrc> Eagle Thl~nder move d to appoi nt Hr . Jo seph Two Hawk as tribal election judge for t he Iron Nation Dis tric t , seconded by Mr . DeSmet. No objections . Vot e: 4 f or - no ne against. Mr . Eagle Thunder made a mot i on to nominate Mrs . Pearl Langdeau as clerk for the t r ibal election for the Iron Nati on District , seconded by Mrs . Bad Horse e No objections. Vote: 4 for - none against . Motion by Mr. Eagle Thunder to appoint ~~. Henry Good Face, Sr . as tribal election j udge for the Lower Brule Dist r ic t , seconded by l~ . DeSme t . No objectionsu vote : 4 for - none against . Mot i on by Mr . Langdeau to appoint Mrs . Alice H. Jandreau as clerk for the coming tribal election, seconded by Mr . DeSmet. No o bjections. Vote: 4 for - none agains t . The following pl a ces were chos en as voting places: Lower Brul e Di stric t ., • ••••••••• • •• TF~bal Office Iron Na t i on Dis tric t •••• • ••••••••.• Lillian White Home Fort Goe rge Dist ric t •••••••••• • •• • • Flute Home '. LOWER BRULE SIOUX TRIBAL COUNCIL 14EETING 9/3/52 P. 2 A petition for sale of inherit ed Indian l and on Allo tm ent IuB .-314, Be'n jamin Gra ss Rope, was presented. This land i s des cr:i.llred as NVI/4 of Se ction 8, 108-73, consisting of 160 ac re s to be purcha se d l:lw th e Trib e at $5 a OO per acre. Hr. DeSmet mo ved t o adopt a r esolut ion author izing tribal pur cha se of th i s land at the st ate d price from gratuity funds t o be approp r iated. Motion seconded by }tr. Eagle Thunder. No objecti ons. vote : 4 for - none again st . Hr. DeSme t mad e a moti on to ad opt a r eso lut ion requ esting a Federal gratuity l and app ro priation in the amo unt of $30,000.00 fo r tribal l a~d p urchase d. Mr. Eagle Thunder seconded the mo tio n . No object i ons. Vote : 4 for - none against. A le tte r da te d August 25, 1952, f rom Oscar L. Chapman, Secretary of the Interior, Washington, D. C., was r ead e Th i s letter was an invit ation to Mr. LaRoche t o p ro cee d to Wa shi:lgton, D. C. Sept embe r 15 and 16, 1952, t o advi s e and cons ult wi th th e Se.::re t'l r y of th e Interior and othe r offi cial s of th e Depa rtment and Bureau of I ndian Af fairs. Th e l etter advise d that tr an sportation and othe r e:;'''P ens6 s w(; ul d be pajd for by t he Federal Governmen t at the rat e of $9 .,00 pe::.~ day in lIeu of subsist ence expenses while attendi ng the meeting and whi.le t r av 81 ing t o and f rom home, and $25.00 per day while on act ual du ty in Wa i'h~_ ngton o The tentative agenda wa s enclos ed f or t he i nforma tion of IV.tr. LaRoche and th e me mbers . 1'11' . LaRo che a dvised t hat he would be glad t o have t he members mak e sugge st ions . Mr . Eagle Thu nder aske d if the r e was any way to get the wat er sys t em here chang ed . He stat ed that the people wante d to get their water from t he Missour i River.since th e pipes and fixt ures in our hous es are going t o pi eces fro m th e well water we have t o use . Mr. La Roche said this would be up t o the Tribe to do, but mos t of th e peo pl e ar e not pay ing the ir r ent as they should so we do not have the f unds t o make such repairs . Mrs . Bad Hors e and Mr. Eagle Thunder bot h st ate d that those pe r sons who have ot her homes should be living t here i n st ead of b eL~g i n one of th e tribal ho us es . Mr . McKee advi se d the membe r s t ha t they have been asked t o prepare a withd rawal prog r am , and he wo ndered if the Tribe would have anyth i ng to say concerning such a p ro gram. ~~ , LaRoche said he did not understand why such a p ro gram wa s not bro ught to the at t ention of the Council sin ce it would be of v ital imp ortan ce t o us i f the Government does wit hdraw what littl e supervi sion they now have at Lower Bru le . He st ate d that the Trib e was not fur ni shed a copy of t he program but the Government still used t he t ime of tribal clerk s i n an at'Lempt t o prepare such a program. ~~ . McKee sa id the one co py that was s ent to Lowe r Brule wa s suppos ed to be f or the information of the Tribe since th e y were sho rt on t he cop ies. Mr . McKee s aid for yea rs t he Ind ia n Bureau has been carrying on programs f or which they have gone to t he Congr ess and asked f or appropriations. From time to t ime , Congr ess ha s asked wha t the Indi an Bureau was doing to bring t he ov erall program to a poin t wh ere it would be LOWER BRULE SIOUX TRIHAL COillTCJI, MEETING 9/3/52 - P. 3 fully developed and where it would be possibl e to disco nt i nue such servic e s. He sa id, in other words, they are askj.ng when the I ndia n Bureau wo uld get out of busj.l1ess . He said it is indic ated i n t he COITunissioner's l et t er that the programs for withdr awal are going t o be co nsi dere d as a very important it em in the making of' future appropriatio ns. Mr . McKee st a ted that one of the question s they are asked spe ci f ically t o det ermine i s whether the tribes concerned f eel tha t withdrawal of activities i s possi ble of accomplishment at the present time or in the near fut ure or if it sh ould be de ferrod to som e later dat e . Mr. Eagl e Thunder stat ed that he has l on g urged the people to try to le arn t o do the thi ngs th at would help th em make a liveliho od when the Gove rnmen t does \'Jit hJ:caw its suporvisiono He said he th ought the Federal Government sl.ot. l d settle all cJ.a irns with the Indian trib es be fore . any thought is giv en to total w:LthdravJa1 o Mr . DeSme t said t-tat education and trai n ing f or our chil dr en should be give n se rio us thought, as well as goin g ahead with our t ribal land purchas e progrrun. An expense voucher on be half of Halph H. Ca se in the @1lount of $21.46 was pres ented. 'l'hese eYpens6s were incurred in conne cti on vd.th Black Hills Claim No o 74 tnder contract I-i-ind 42041. Mr. Lang deau mo ved to adopt a r esolution to approve payment of t h.ts bill, seconded by !Vir . Eagle Thunder. No objectj.ons. Vote: 4 for - none against. Q Mr. Ea gle Thunder gave the fol1 8wing report on vari ous land s which have been appraised by the Land Committee and approved f or purc ha se by the Tribe: L. B.-472, Fannie DeSheuquette, a 1/2 interest of Pete r Fel icia,$4. a. L.B.-667, Clarence Fallis allotment @ $g .OO per acre . L. B.-2 5, ¥U' s. Swift Hawk Allotment, a 1/8 interest of Lucy Sargeant, @ $4.00 per acr e . 4. L.B .-1026, Andrew Sargeant allotment @ $4.00 per acre. 5. L. B.-24, Swift Hawk,allotment, interests of Lucy Sargeant @ $4 .00 a. 6. L. B.-773, Mary Elizabeth Swift Hawk allotment, a 1/2 intere st of Lucy Sargeant @ $3.00 per acre. 1. 2. 3. A written request dat ed August 6, 1952, from Mrs . Annie Big Eagle was prese nte d . Mr s. Bi g Eagle reques ted to exchange the Im14, 22, 10776, for tribal l and cesc~jbed as SE/4 in Section 4, 107-73. Sh e also r eque st ed that a trl,st pat er.t be is sued in lieu of an exchange as sign ment. ~1r. Eagle T ht:l1 de ~~ mo-;red to adopt a r eso lution to approve thi s request. Mo tion secoD.c 8d by Mrc DeSme t ~ No objl3ctions> vo t e : 3 fo r no ne agai nst. (Nrs . Bad Ho::s e was not pl'ea ent whe n th e vote was taken). Mr. Adams advised tha t the annual calf s ale for Indians would be held at Chamberlain on October 17th. There was a short discussion on the subject of having two open deer seasons in Lyman County this year. Mr. LaRoche advised that it would be best to have deput y game wardens po sted throughout the reservation. Mr. LOWER BRULE SIOUX TRIBAL COUNCll. ~1EE T ING P. 4 9/3/5 2 Eagle Thunder moved to adopt a resolution to prohibit deer hunting on any rest r icted t rust land !:' by non-l!lemb £'rs of the Trib e . M6t ion s econded by Mr . DeSrr.e t. No obj ec':,ions. Vote , ,3 for - none a gai nst. (111'8. BAd Horse was not pres ent wh en the vote was taken). The fol lowing bills were presented for payme nt : Gene r al fu'1 d: Richa rd La~oche,Jr., Council ••••••••••••••••••.••.••• $ 57.6 0 Leslie La ngo. aa D) CO·lncil • •••••••••••••••••••••. " •••• $ 17.20 Mo se s De Sme t , Cou.~ J ll •••.••••••.••••••••••• , • • ••••. • 0$ 36 .00 Emma Bad Horse , Ccu ncil •••••••••••..•••••••••••••• . • •$ 18.40 J O]rce D e S he uquet~',e, Office ••••.•••••• o • • • • • • • • • • • • • • ,$ 13 .50 To tal: $1 42.70 Rm. i ef Fund: Th oma s Ea gl e Th~~d er , Council •••••••••••••••••••••••• $ 61.00 MR. Eagle T hu~dsr moved to approve t he above -lis ted bil l s as persented , seconded by Mr s. Bad Horse. No obj e ct ions. Vo t e : 4 for none against . Moti on to adjourn by Mr. Eagle Thunder, seconded by Mr . Lang dea u. No object io ns . Vote: 4 for - none agai nst. The mee ting was adjourned at 5:30 p.m. 1/'11 ,/)I '1Y' 17.J/. ,If('i ,·-c{ p?~ Richard LaRoche, ' J r . , '., Chairman of the Tri bal Coun cil (-. /Z >.. /r/. ./ ' J ./ //z t tf ~ r f C.I U LOWER BRULE SIOUX TRIBAL COUNCn. MEETING 10/1/52 P. 1 MINUTES: p.m. The meeting was called to order by Mr. DeSmet, Vice Chairman, at 2 :40 Roll call as follows: Present: Ab sent : MOses DeSmet, Vice Chairman Richard LaRoche, Jr., Chairman Thomas Eagle Thunder, Sgt at Arms Josephine Spotted Hawk, Chaplain Emma Bad Horse Leslie Langde au Alice H. Jan d reau, Secretary-Treasurer (Non-member) The minut es of th'3 regular meeting (!onvened on September 3, 1952, we I'e l',4p.. d. Mr . Langden.u D10vac.. '~o adopt these minutes as read, seconded by M!' . JLe.gl e Thund er. No cbj e ctions. Vote~ 3 fo r - none against. }fr , DeSmet asked if !3.::-.iy compla:.nts were on hand concerning t he lists of can dida te s and vo t ers f or t ha tribal election for Council memb e rs to be held on Octobe r 6, 19520 Mrs. Arlene laRoche a dvised the.t thl':'l name of Antoine LaRoche had been left off t he voting list. of the Fo::t George District. She stat ed that she and her husba Tl d !;"9 no:' r(; sided c·n the reservation during the required length of time to allow t"lem t~ -,;'ot€ du.ring this election. Mrs. LaRoche said t hat Dor~t,hy ~nd S ';',ep~en had both moved away_ Mr. Langdeail said J::e ag r eed the.t th:3 n3mas of Dorothy Swift Hawk and Stephen Swift Ha\'rk should be taken off the voting list f or the For t George District. He said, however, that he did not agree on al lowing t he name of Antoine LaRoche to be added to the list of ' eligible voters for th e Fo rt George District since his home was not in that district. He stated t hat Mr . laRoche did not stay in one place long enough to establ i sh re si dence in anyone given place. Mrs. LaRoche said that even Mr. Langdeau had not been on t he reservation a year prior to the time he ran for election. Mr . Langde au s tated this was not so, that he had lived on the reservation a year prior to the t ime of the ele ction. lJ,r* E"lglp. Thundf':r add_ se d t hat it is up to t he memb e rs of t he Council t.o s p.::, t·l'3 a:a ffi,q -':,'::' er s that come to the Council rath er than have a vis I tor corre to the mad j.r:g t o te ll the memb er s what to do. It wa s decided by lliIr~ DeSmet to rem:: '!e t he name s of Dorothy and Stephen Swift Hawk from the v oting list of t.he Fort Geo r ge Distri ct and to add the name of Antoine LaRoche. Mrs. Bad Horse advis ed that the n ame of Ca rmen Str ick er should be removed from the voting list of the Iron N ~t ion Distri ct since she has been away from the res e rvation for over c.. ye ar~ She also called attention to the fact that on the petit-ion of Mr. Thomas Two Hawk, James Stricker had signed "1>fr. and Mrs. Jim Stricker", but that he was not a member of the Tribe and his wife no longer lived on the reservation. LOWER BRULE SIOUX TRIBAL COUNCn. NEETING lO/li 2 P. 2 I Mr. Eagle ThUL..•er stated that we haTe persons wllose names appear as tribal members whereas these names would be stricken from the tribal rolls if we went back to the treaty rights. In connection wi~h this, he said that Iron Nation was head of the Tribe during his lifetime, and since the Stricker boys are descendants of Iron Nation, they should be included as members of this Tribe. Mr. DeSmet ruled that the name ot Carmen Stricker be removed from the voting list of the Iron Nation District. In going back to the question on whether or not the petition of Mr. Thomas Two Hawk would be accepted with only four eligible voters, Mr. Eagle Thunder stated that Mr. Two Hawk's petition should be accepted since the thought of those who had drawn up the tribal Constitution was that i f you had either four or five names, you would be eligible to be a candidate. Mr. DeSmet stated that y~. Two Hawk should be given a chance to correct this petition so that he could be a candidate. He stated that since Hilburn Bad Horse is t he only eligible voter in the Iron Nation District who had not signed a petition , that Mr. Two Hawk should see him about signing his petition and it would be accepted. Mr. Eagle Thunder asked the Secretary if anything had been done concerning an attorney contract • . Mrs. Jandreau said nothing has been done en executing an attorney contract since we were waiting for the bill to be passed, as well as the 1938 attorney regulations. Mrs. Bad Horse asked if the Tribe would purchase her 7/18 interest in L.B.-8, Little Elk Estate at the price of $5.00 per acre. She said she needs funds to take her boy to a good doctor since he is suffering from a serious arm injury. This was referred to the Land Committee. A request from Mrs. Eva Small was presented in which she asked to occupy the Rehab. house being vacated by the Banks family. HI'. Eaile Thunder laid this was left to the Chairman since the Council had turned over all housing problems to the Chairman. He said he understood that the Banks family wanted to keep the house tor a certain length of time, and if they did not find satisfactory jobs, then the,y would have a place to come back to. V- Mr. Floyd W. Thompson requested that he be granted a hog house, a chicken house, a tin shop, and a cottonwood shack located at the old ID ranch in Fort Hale . Mr. DeSmet said that he and Mr. EAgle 'fhunder had seen these buildings, and that as a result of being in the flood, they were gradually going to pieces. Hr. Eagle Thunder moved to approve this request to allow Mr. Thompson to have these buildings. Motion seconded by Mr. Langde au. NO objections. Vote: 3 for - none against. The Manager' s report for the month of SEptember, 1952, was read. Mr. Eagle Thunder made a motion to compile the list of eligible members to participate in the dividend payment since all children 10 years and over would now be entitled to this payment. Motion seconded by Mrs. Bad Horse, No objections. Vote: 3 for - none against. Mrs. Jandreau advised that Mr. Higgina, County Health Officer, had made OWER BRULE SIOUX T At COUNCn.. MEETING P. 3 10/1) a visit to Lower Brule on September 30th to consul.t with and advise the various officials of the State laws governing health problems in general •. Mr. Higgins is also connected with the law and order problems of' the State, and he offered his services whenever we need the cooperation of his department in the suppression and control of communicable diseases. He advised. that Resolution No. 49-80 which was adopted by the Tribal Council on October 5, 1949, would be more appropriate if it gave the health officials of the county and state, as well as the authorized medical officers of the United states, the right to work with the Council in an effort to curb f~ther contagion in the community of communicable diseases. Mr. Langdeau moved to adopt a resolution rev i sing prior resol ution No. 49-80 to read as follows; IIUponany written or oral application or complaint of any authorized health officer of the COlli"lty, state, or Federal Government, the Lower Brule Sioux Tribal Court is author~703d to issue an order requiring any person subject to the jurisdiction of t.he said court, who is thought to be suffering fro l~'l. a commur:.i ·:; a'ole di s ease, to undergo such examination or treatment as !nay ·tJe necessary to protect the community from contagion , Any person violating such an order shall be subject to the penalties provided under Section 12, Chapter 5, Lower Brule Tribal Code." Mr. Eagle Thunder seconded the motion. none against. No objections.. Vote: 3 for - Mr. Henry Good Face, Sr. gave a brief report on the recent meetin~ of the Black Hills Sioux Nation Council which was held at the Pine Ridge Agency. Mr_ Eagle Thunder explained the various phases of the program oithe meeting of the Black Hills Sioux Nation Council. He said the first and most important subject discussed was the withdrawal program; second, tribal problems; and third, selection of a delegation from each reservation to attend the hearings on the Black Hills Claim in Washington this fall. Mr. Eagle Thunder asked that these matters pertaining to tribal claims be taken care of as much as possible now in case the newly-elected Council members do not take an interest in any recovery for the Tribe~ . Mr. Eagle Thunder advised also that there are Rehabilitation funds that our people can get and establish themselves " He said this information was furnished by E. Y. Berry who sponsored the bill appropriating such funds. He statad that they are now investigating to find out where all of this money is since the people have not been able to benefit under this program. Mr. Charles Long Turkey addressed the Council in the Sioux language, interpreted by Mr. Eagle Thunder. He asked the candidates to assemble at the home of Henry Good Face, Sr. on Friday to let the people know their reasons for wanting to be on the Council. Mrs. Bad Horse stated that the office was planning to take away half of their pasture but that they would like to keep it. She said her son, Harry, would still be needing land to run his cattle, and they had made out ..... ..... loll.,. ~ LOWER BRULE SIOUX TR.. .J. COUNClL MEETING P. 4 an application tor her youngest bQYi narde1, tor &1\ i.sue .t repayment cattle. Mr. DeSmet said he believed the Indian had asmu~h f~ht to make money ott the land as the white operators and that the Bad HoNle ta.m:Ur should be allowed to keep their land and take in outside cattle. . The tollowing ' b~lls w,re presented: General Fund: Moses DeSmet~ Council ••••••••••••••••••••••••••• $ 12400 :&nma Bad Horse, Council ••••••••••••••••••••••••• $ 18 .40 Leslie LAngdeau, Council •••••••••••••••••••••••• $ 8.60 Alice .H. Jandreau, Mileage and money order fees. ~~ 8~55 Charles Long TUrkey, Delegation expenses •••••••• $ 4B.00 Henry Good Face, ' Sr., Delegation expenses ••••••• $ 48,00 Thomas Eagle Thunder, Council ••••••••••••••••••• $ 49.00 Joyce DeSheuquette, Office •••••••••••••••••••••• $ 3.00 LaRoche Store, Gasoline ••••••••••••••••••.•••••• 9 1.65 $197.20 Total: Motion by Mr. Eagle Thunder to approve payment of the above bills as listed, seconded by Mr. Langdeau. No objections. Vote: 3 for - none . " a gainst. Mr. Eagle Thunder made a motion to adjourn, seconded by Mr. Langdeau. No objections. Vote: 3 for - none against. The meeting was adjourned at 4:35 p.m. ~~ Moses DeSmet, Vice Chairman of the Tribal Council ' - ~' a. . . .J.. r '-:;_, " ;- ~ - . , .' I, j ' /- ,., £1..- ...l ., / ·1..(.A.- ~ ice H. Jandreau,,; Secretar.y of the Tribal Council , • LOWER BRULE SIOUX 'hiIBAL COUNCIL ¥uNtrl.'ES 12/11/52 P.. 2 Mrs. Spotted Hawk stated that she had been chaplain for two years, and had never been called upon to offer a prayer. She said she hoped tbe new members would not hold any grudges and help everyone. Upon request by Mr. McKee, Mrs. Spotted Hawk said a prayer. Following is a list of the old Council members and a list ot the newly-elected Council members: Old Council Richard LaRoche, Jr., Chairman Moses DeSmet, Vice-Chairman Thomas Eagle Thunder, Sgt at Arms Josephine Spotted Hav;k, Chaplain Emma Bad Hor se Leslie Langdeau New Council Richard LaROche, J ~ . Moses DeSmet Herb ert Flut e Peter P. S. Flute Ennna Ba.d Horse Arlene LaRoche All members of the ' new Council were requested to stand. Mr. McKee presided while all members subscribed to the oCl.th of of fi ce as providGtl in Art1cle V of the Bylaws. Mr. McKee then declared t he ab ove-mentioned persons of the new Council were duly installed as called for. Notninations were open for chai11!'lan. Mr. LaRoche nominat ed lJIr ... NOBG S DeSmet tor Chairman, seconded by Mr~. Bad Horse. No objections. Mr. Herbert Flute nomina ted Mr. Richard LaRoche as Cha irma.n. Mr. LaRoche declin ed the nomination, and Mr. Fl ute agreed to withdraw hi s nomihat ion. Mr ~ . Bad Horse moved that nominationa be closed. No objections. Motion e ~eoft4e4 by Mr. LIlRoche. A. vote was taken on the nomination of Mr. Moses DeSmet as Chairma n. (Va'. Herbert Flute voting against.) ~ive (5) for and one (1) against. Nominations for vice-chairman were called for. Mr. LaRoche nomina t ed No objection s . Mr. Herbert Flute, ... seconded by Mr. Peter Flute. Mr . DeSmet nominated Mrs. Emma Bad Horse, seconded by Mr. Herbert Flute. No objections. Mr. laRoche moved that nominations cease, sec onded by Mr s. LaRoche. No objections. Vote: 6 for - none against. The vote was taken by secret ballot: 4 votes for Mrs. Emma Bad Horse. 2 vo tes for Mr. Herb ert Flute, Nominations for sargeant at arms were in order. Mr. LaRoche nominated Mr . Herbert Flute, seconded by Mr. DeSmet. No objections, Mrs. LaRoche moved that nominations be closed a nd that Mr. He rbert Flute be Sargeant at Ar.ms. Motion seconded by Mr. LaRoche. No objections. The vote was unanimous. Nominations were open for Chaplain. l.frs, LaRoche nominated Mr. Peter Flute, seconded by Mr. LaRoche. Mr. DeSmet moved that nominations cease, .. ·, LOWER BRULE SIOUX 1BAL COUNCIL MEETING P. 1 MINUTES: The meeting was called to order at 2 o 'clock p.m. Mr. McKee took charge of the meeting by request of fiI r. LaRoche until the members of the new Council are sworn in and the officers el ected. Mr. Mc Ke e read a letter from Mr. Grah am Holmes, Area Couns el. The letter was date d December 2, 1952, and wa s writ ten in re gard to the last tribal election . The opinion of the Area Counsel was: 1. One election was held in the Lower Brule Dis tri ct a ccord ing to t he provisions of the Constitution on t ribal ele ctions , and no pr otest was made . The feur el e ct ed from this di st rict sho uld be seated to serve as Council member s. 2. Two ele ctions were held in th e Fo rt Geo rg e Distr ic t in which Arlene LaRo che and Charle s Langdeau had both f il ed petitions. Afte r t he second election, b oth cand idat es were bot h protesting t he eligibility of at least two vo te rs of th e dis t rict. The cand ida t e receiving the highest nurr~er of vo te s in the se cond election should be seat ed. 3. Two elections were held in the Iron Nation District. Three candid at es filed for election, but th e pet ition of Thoma s Two Hawk did not contain th e requ i red f i ve names of l egal voters . The la ~t decisi on s tr i king this name from the ballot was corr e ct. The candidate receiving t he highest number of vote s in the second elect i on should be seated. 4. Mr. Holmes states in conclusion: "In a rrivin g at the above decis ions an attempt has been made to be practic al and t o sett le t hi s matter rather than f ollowing any express statute or b,y- law. It is ~ sugge stion, that bef ore t he time for th e n ext elec t ion the trib e should enact an election law wh ich wi ll provide a method of settling que stions such as have a risen in the past election. The above deciSi on s were al so made mindful of the fact that no charge of fra ud has been used as a g ro und for any protest. Und er t he circums tance s i t appears that this election was held according to t he customs a nd usages of the council and tribal members." ¥~. Eagle Thund er said that M r. Holmes had not ref err ed t o t he Co unc i l minutes of October 15th wherein the Coun cil had gone on re cord to amend the Constitution and act on the enro llment bef or e a new Council wa s seated. Mr. laRoche expla i ned that al though thos e subject s had been discussed, no resolution was passed on either. He sa id tha t acco rding to t he Constitution, t he terms of the old Council members had expi r ed at the end of two years, and since their t erms had expired, they could no t act on anyt hing for the Tribe. The minutes of October 15, 1952, were referre d t o, and Mr. McK ee read parts of the minutes where different members of the Tribe suggest ed an amendment to the Constitution and a ction on the enrollment problem, but as Mr. LaRoche stated, no motion or resolution was adopted by the Council on either. LO~f.ER BRULE SIOUX TRIBAL COUNCIL MINU1~S seconded by Mr. LaRoche. Flute for Chaplain. No objections. 12/17/52 P. 3 All voted in favor of flI'. Peter Mr. DeSmet took the chair. He promised that during his term as Chairman he would uphold the duties of hi.s office and administer all affairs of the Tribe to the best of his a.bilit;)r. He spoke briefly on the new programs for withdrawal of Federal supervision from this reservation. He said that he has always been in favor of .:l. complete rehabilitation program for our reservation and that we should give serious thought to bet.ter schoolin g for the children and the acquisition of more land f or th e Tr·ibe. He asked the members to cooperate with the people in order that we may accomplish thjngs which would benefit our people, Mr . LaRoche was excllsed from the meeting. A suppl emental budget for the Lower Brule Livestock Enterpri se for the month of December, 1952, was presented. Mr, Jo hn Dunham, VJ.anager for the Ente rpri s e, 'vas called in to the meeting. Th e supplemental budg et was in th e amount of $6)610.21: Wag es and salaries for December, 1952 ••••.••...•••••.• $ 1,40~OO Over-expenditures of the yearly budget ••••••••••••••• ~ $5 ,210 .. 21 Mr s. Bad Horse moved to adopt a resolution authorizing the neces sary expenditures as called for by the supplemental budget. Mo tion seconded by Mrs. LaR oche . No obje ctions. Vote : 4 fo r - none aga in s t. Mr s, LaRoche asked Mr. Dunham if he had ever been checked in by th e Enterprise. Mr. Dunham said he had not. In reference t o his bond, he stated that he still did not have a bond. Bra. LaRoche said t his should have been taken care of and that our auditor should have check ed th e books. Sh e stated also that notices should be put out so that people could send in th e names of those who should be on the dividend ·l ist for the dividend payment of 1951. Mrs. LaRoche moved to adopt a resolution to employ Mr . E. til . McCauley, a government accountant, to audit the books of the Enterprise. Motion seconded by Mr. Peter Flute. No objections. Vote: 4 for none again s t. M r.~McKee advised that he would contact the off icia ls in the Aberdeen Area Office to see if our auditor could come at -t he ea rliest po s sible date. Heosaid the reason t hey do not al loW a Gover nment auditor is for the reason t hat it would give a f e eling that the offic o is attempting to control the activitie s of the Enter prise. The annual operating budget of the Lower Brule Livestock Enterprise for th e year of 1953 was presented. 1-1:1'. DeSmet said action -on this would be withh eld until a fter the a udit is complete. Mr. DeSmet stated that nominations were in order to elect the committees. Th e members expressed the opinion that they would rather have the Chairman appoint the committee members as has been the policy in the past. Th e Chairman appointed Mrs. Arlene I.aRoche and M:r. Herbert Flute to the Loan Committee with the understanding that he will work \·d.th all committees. • LOWER BRUlE SIOUX TRIBAL COUNCIL MEETING 12/17/52 Y1t. DeSmet selected Mr. Herbert Flute and Hr. Peter Flute to serve on the Land Committee. No Relief Committee was appointed. Mr. Adams advised that Dr. Davis, the vet e rina r ian at the Bureau of Animal Industry at Pierre, called him concerning the State progr am on vaccina ting heifer calves. He said it is de si r able to va ccinate these calves when they are between the ages of 6 to 10 months; however, th ey can be vaccinated up to a year if the heifers are not bred. He said a ll heifer calves vaccinateC'. would be branded this year with a 2 inch "V" brand facing towards the :nouth, and each year after that, th e "V" would be placed facing anothur direction. He also advised that the cost per head would be approximat~ly 25¢ each. Mrs. Bad Horse stated that the Two Hawk Brothers and Hrs. Dorothy Jandreau wanted her to find out about the calves they asked to have r eturned to them this year. Mr. Adams said both pa rties had already paid their repayment cor.tracts with the Tribe, and although the Council did pass a resolution ,.pproving this, the superintendent did not s ign it as approved, and it Wi lS not approved in the Area Cffice. He said the off i ce felt it was an unrensonable request. He stated that this year, the Tribe allowed the operato:"'t; still under contract to keep their tur nback cows through the Sl~~er ffi1d to sell the calves off these cows. It was done in this manner because of the effects of the pa st winter on the Enterprise and the individual operators. }'1r. Adams said too that if t hese pe ople who had already settled their contracts wit,h the Trib e were allowed to get calves back a yGar afterwards, it would open the door t o a lot of of oth er claims, . Two letters, both under date of December 12, 1952, fro m Ralph H. Case were read: 1. The first lettnr advised that the brief on Appeal from the advers e deci s ion of 'c'1e Indian Claims Commission on our behalf was filed in the Court of Cla ims on November 24, 1952, in our reservation boundary lines. tinder this Appeal, the Federal Government i s allowed 90 days from the date of filing in which to answer, after which our Sioux Attorney will be allo''ied 30 days in which to fi l e a reply brief. Mr. Case has requested our conUllents on th e br i ef. 2. The second letter states that the Black Hills Claim comes up f or argument O:'l December 15, 1952. The question to be presented at that time i.s whether or not the Sioux Tribe is entit led to recover ju st compensation for the Black Hills area and ot her lands taken from them 'mder the Act of February 28, 1877. If thi s is held as planned, j t will allow us to present evidence to prove what should be a reasonable royalty on the gold extracted f r om the Black Hi lls and the ~nount of timber cut over these years on which we claim a stumpage rate~ The claim also includes demand f or payment or a rental pL.Ylllent on farming and grazing lands, a nd compensation for the los~ of hunting rights which were guaranteed the Sioux under the Treaty of April 29, 1868. The fo~.owing applications for loans from the revolving credit fund were p~esented as follows: 1. Emma Good Face, the amount of $125.00 for building repairs, LOWER BRULE SIOUX TRIBAL COUNCIL MffibTING 12/17/52 P. 5 to be repaid from lease income. 2. ~fuses DeSmet, the amount of $1,000.00 for a tractor, to be repaid from sale of livestock and crops. 3. Herbert Flute, the sum of $100.00 for clothing for school children and fuel, to be repaid from lease income. 4. Viola Quilt, the amount of $150.00 for house repa i rs and paint, to be repaid from lease income. 5. J ob e Small Jumper, the amount of $100.00 for fuel, to be re paid f r om l ease rentals. 6. Ernest Bad Horse, the amount of $150.00 for house repairs, to be repaid from lease income. 7_ Thomas J. J ohnson, Sr., the sum of $60.00 for fuel, t o be repaid from lease rentals. . Mr. Peter Flute moved to approve the 7 loan applications as presented ; seconded by Mrs. LaRoche. No objections. Vote: 4 for - none agains t . All land transactions brought into the meeting were r ef erred t o t he Land Committee. An application for a beaver permit was presented on behalf of Thomas Johnson, Sr. to trap 5 beavers at Iron Nation. Mrs. LaR oche moved t o approve this request, seconded by Mrs. Bad Horse. No ob jections. Vote: 4 for - none against. A letter from the Lower Brule Day School was read thanking th e Tribe for the contribution to the school of calves which were sold and the funds used by the school. An appl ication to cut 1500 cedar posts on Jungle I sland wa s presented on behalf of Alfred Ziegler or to cut all cedars from t hi s island and return a one-third share to the Trib e. ~~. Herbert made a motion to approve the request as presented. Mrs. Lfu~oche asked how many acres the Tribe owns on Jungle Island. She sa id Mr. Eagle Thunder had advised that the Tribe's share of t his island was only 80 acres. Mrs. Bad Hors e asked that this be investigated before any action is taken. It letter from William Fire Cloud was rea d vrherein he reque sted $14.00 for keeping order at 2 Indian dances on November 11th and 12th. Mr. Eagle Thunder stated that Mr. Pierce authorized Henry Good Face, Sr. to hire 2 men to serve as deputies for these 2 nights at $7.00 each per night to be paid from the tribal court fund. Mrs. LaRoche moved to authorize payment of $14.00 from the court fund to ~Hlliam Fire Cloud. Mrs. Bad Horse seconded the motion. No objections. Vote: 4 for nORD against. Mrs. LaRoche said, however, that hereafter these things should be authorized by the Tribe in advance. .. . LOWER BRULE SIOUX TRIBAL COUNCJL MEETI1TG 12/17/52 p.6 -A request from Merri1 Karlen, Jr. was presented. He requested an exchange lease on the land he mms on the reservation for land that joins his place. This was referred to the Land Committee. Th e Managerls report for the month of November, 1952, "Tas read . A memorandum dated November 6, 1952, from the Area Office was read for t he information of the people on the procedure for mortgaging t rust land as security for lo.':ms. 'rhis would deal with loans to Indians by non-Indian Service 1endors. The followine documents would be re quired: 1. 2. 3. 4. 5. 6. 7. A wri tt erf sta tement fr om the person requesting the mortgage, his pers onal histor y, et c. A financial statement showing the net worth of the applicant. A repayment schedul e. A title s tatus r epcrt covering the land to be mortgaged. A ce rti f ic at e of indehtedness. The original and 3 copies of the mortage. A let t er of recommen d.ation from the Agency Super intend ent. The fol l owing bills were presented for payment from the General Fund of th e Tribe: Ho ses DeSmet, Counci1, •••••••••••••••••••••••••••• $ 47.00 Thomas Eagle Thunder, CounciL •••••••••••••••••••• $ 81..00 Ar lene LaR oche, goun ci1 •••• • •••••••• • •••••• ••• , • • . $ 44.00 Herbert Flute, Counc il •••••••••••••••.•••••••.•••• $ 21.90 Pe t er Flute, Council •••••••••••••••••••••••••••••• $ 9. 00 Le sli e Langdeau, Counci1 ••••••••••••••••••••••.••• $ 10.60 Ch arl es Langdeau, E1ection .•••••••••••••••••••• • •• $ 12, 00 Eliza Flute , E1ec ti on ••••••••••••••••.•••••••••••• $ 6 .00 Ab e Langdeau, El e ction ••••••.••••••••••••••••••.•• $ 13 .00 Hen ry Go od Face, Sr., Inection •••••••••••••••.•••• $ 25.58 Errrrna Bad Horse, Counci1 ••••••••••••••••••••••••••• $ 26 .00 Mari l yn Harmon, Office •••••••••.•••••••••••.•••••• ~p 30 . 00 Total: $3 26.0 S Mrs. Bad Horse moved to approve payment of t he above l isted hill s as pre sented, seconded by 111' s. LaRoche. No ob j e.:! ti on s. Vot e : 4 for none agai r.st . Mrs, Bad Horse made a motion authori~in g t he Co unc il members t o at te nd th e NA GI m~ 0t ing to be conve~ e d at f i ne Ridge Agen cy on December 18, 19, and 20th . A motion t o a djo urn was made by Mrs. La.l1.oc he, se conded by Mr s. Bad Horse. No ob je cti ons . Vot e: 4 for - none agajn st . The me e ting was adj ourned at 5:30 p.m. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alower_brule_sioux%3A00380bd37c6843a3. Public record. Not legal advice.