NEW MEXICO This State seeks postponement of paying $400,000 owed on the last loan act, which would leave that amount of money available for its own need in making loans to farmers. OHIO Serious drought affected 60 or more counties in this State. OKLAHOMA Twenty-four counties and 4,000 to 5,000 families in need of assistance. Banks unable to extend sufficient credit; $1,000,000 for loans to farmers is necessary. A later report from this State states that $7,000,000 is the minimum amount necessary. PENNSYLVANIA One-fourth of the State is affected. Forty-five per cent of all the farmers in the State have had an inadequate water supply. TENNESSEE The entire State, except 12 counties, is affected with a 60 per cent reduction in yield of crops. Five thousand families in the State will need assistance. TEXAS Fourteen thousand families are in need and a minimum of $5,000,000 will be necessary to take care of the situation. VIRGINIA Entire State affected. State is confronted with the most serious economic condition that it has had since the war between the States. Drought loss estimated at $100,000,000. Five million dollars necessary for the purpose of loans to farmers who are unable to obtain loans from banks. WEST VIRGINIA Fifty-five counties affected by the drought. Not less than $3,500,000 necessary to relieve farmers. WYOMING Three hundred to three hundred and fifty families will be in need of financing for seed planting next year. The majority of the House Committee on Agriculture disregarded these reports made after careful and personal surveys by the drought State and county committees created by the governors upon the request of the President. Since November 20, when the above-named States made their reports, two more States have applied for relief, namely, Washington and Georgia, which States require $3,000,000 to enable their farmers to finance spring planting and for seed and fertilizer. In view of the statements of the commissioners of agriculture and committees of the State and county drought relief committees intimately acquainted with conditions as they exist, and believing in the sincerity and integrity of the persons involved, we believe that an amount less than $60,000,000 will be insufficient and inadequate to alleviate the distressed conditions among the farmers. We urgently recommend that the House authorize the needed sum of $60,000,000. J. B. ASWELL, USE OF OSAGE FUNDS FOR ATTORNEY'S FEES DECEMBER 17, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. LEAVITT, from the Committee on Indian Affairs, submitted the following REPORT [To accompany H. R. 13132] The Committee on Indian Affairs, to whom was referred the bill (H. R. 13132) authorizing the use of Osage funds for attorney's fees and expenses of litigation, having considered the same, report thereon with a recommendation that it do pass with the following amendments: Strike out all after the enacting clause and substitute the following: That the Osage Tribal Council is hereby authorized to employ an attorney or attorneys, subject to the approval of the Secretary of the Interior, to represent the interests of the Osage Tribe in any suits or actions to be brought by the Osage Tribe or to defend any suit or actions to be brought by any one against the Osage Tribe or any oil or gas or other mineral lessee in any court having jurisdiction of such suits or actions, involving the validity of that part or portion of the acts of March 3, 1921 (41 Stat. p. 1249), and March 2, 1929 (45 Stat. p. 1478), extending the period of ownership in the Osage Tribe of the oil, gas, and mineral rights in and under the lands in Osage County belonging to the Osage Tribe; and there is hereby authorized to be appropriated from the oil and gas royalties and bonuses accruing and to accrue to the Osage Tribe of Indians not to exceed the sum of $100,000 to pay attorney's fees and all other expenses in the prosecution or defense of said litigation. Said fund shall be disbursed by the Secretary of the Interior on bills approved by the Osage Tribal Council and the Superintendent of the Osage Agency. The original trust period as determined by the Osage allotment act of June 28, 1906, would have expired on April 8, 1931, if the period had not been extended by the acts of March 3, 1921 (41 Stat. 1249), and March 2, 1929 (45 Stat. 1478). The tribe anticipates the bringing of suits or actions by or on behalf of the white land owners who purchased the surface from the original Osage allottees. They fear that the institution of such suits will hold up their moneys and the purpose of this bill is to hypothecate sufficient funds to take care of expenses in connection with any necessary litigation, either by or against the Osage Indians. Representatives of the Tribal Council NEW MEXICO This State seeks postponement of paying $400,000 owed on the last loan act, which would leave that amount of money available for its own need in making loans to farmers. OHIO Serious drought affected 60 or more counties in this State. OKLAHOMA Twenty-four counties and 4,000 to 5,000 families in need of assistance. Banks unable to extend sufficient credit; $1,000,000 for loans to farmers is necessary. A later report from this State states that $7,000,000 is the minimum amount necessary. PENNSYLVANIA One-fourth of the State is affected. Forty-five per cent of all the farmers in the State have had an inadequate water supply. TENNESSEE The entire State, except 12 counties, is affected with a 60 per cent reduction in yield of crops. Five thousand families in the State will need assistance. TEXAS Fourteen thousand families are in need and a minimum of $5,000,000 will be necessary to take care of the situation. VIRGINIA Entire State affected. State is confronted with the most serious economic condition that it has had since the war between the States. Drought loss estimated at $100,000,000. Five million dollars necessary for the purpose of loans to farmers who are unable to obtain loans from banks. WEST VIRGINIA Fifty-five counties affected by the drought. Not less than $3,500,000 necessary to relieve farmers. WYOMING Three hundred to three hundred and fifty families will be in need of financing for seed planting next year. The majority of the House Committee on Agriculture disregarded these reports made after careful and personal surveys by the drought State and county committees created by the governors upon the request of the President. Since November 20, when the above-named States made their reports, two more States have applied for relief, namely, Washington and Georgia, which States require $3,000,000 to enable their farmers to finance spring planting and for seed and fertilizer. In view of the statements of the commissioners of agriculture and committees of the State and county drought relief committees intimately acquainted with conditions as they exist, and believing in the sincerity and integrity of the persons involved, we believe that an amount less than $60,000,000 will be insufficient and inadequate to alleviate the distressed conditions among the farmers. We urgently recommend that the House authorize the needed sum of $60,000,000. J. B. ASWELL, USE OF OSAGE FUNDS FOR ATTORNEY'S FEES DECEMBER 17, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. LEAVITT, from the Committee on Indian Affairs, submitted the following REPORT [To accompany H. R. 13132] The Committee on Indian Affairs, to whom was referred the bill (H. R. 13132) authorizing the use of Osage funds for attorney's fees and expenses of litigation, having considered the same, report thereon with a recommendation that it do pass with the following amend ments: Strike out all after the enacting clause and substitute the following: That the Osage Tribal Council is hereby authorized to employ an attorney or attorneys, subject to the approval of the Secretary of the Interior, to represent the interests of the Osage Tribe in any suits or actions to be brought by the Osage Tribe or to defend any suit or actions to be brought by any one against the Osage Tribe or any oil or gas or other mineral lessee in any court having jurisdiction of such suits or actions, involving the validity of that part or portion of the acts of March 3, 1921 (41 Stat. p. 1249), and March 2, 1929 (45 Stat. p. 1478), extending the period of ownership in the Osage Tribe of the oil, gas, and mineral rights in and under the lands in Osage County belonging to the Osage Tribe; and there is hereby authorized to be appropriated from the oil and gas royalties and bonuses accruing and to accrue to the Osage Tribe of Indians not to exceed the sum of $100,000 to pay attorney's fees and all other expenses in the prosecution or defense of said litigation. Said fund shall be disbursed by the Secretary of the Interior on bills approved by the Osage Tribal Council and the Superintendent of the Osage Agency. The original trust period as determined by the Osage allotment act of June 28, 1906, would have expired on April 8, 1931, if the period had not been extended by the acts of March 3, 1921 (41 Stat. 1249), and March 2, 1929 (45 Stat. 1478). The tribe anticipates the bringing of suits or actions by or on behalf of the white land owners who purchased the surface from the original Osage allottees. They fear that the institution of such suits will hold up their moneys and the purpose of this bill is to hypothecate sufficient funds to take care of expenses in connection with any necessary litigation, either by or against the Osage Indians. Representatives of the Tribal Council appeared before the committee and are exceptionally anxious that this authorization be made to protect their property, which is of immense value. The members of the Tribe estimated the value of the Osage Tribal mineral interests at $150,000,000. Authority does not exist in the present law for the use of Osage tribal funds for the purposes covered in this bill. The provision (39 Stat. 159, act of May 18, 1916) now is: Provided, That hereafter no moneys shall be expended from Indian tribal funds without specific appropriation of Congress except as follows: Equalization of allotments, education of Indian children, per capita and other payments, all of which are hereby continued in full force and effect. The purpose of the amendment is to bring the bill up to date and clarify the wording of the original draft. The following favorable report from the Secretary of the Interior fully sets forth in more detail the need for this legislation: MY DEAR MR. CHAIRMAN: There is submitted herewith draft of proposed legislation which would authorize setting aside $100,000 of the funds belonging to the Osage Tribe of Indians in Oklahoma for the purpose of defending or prosecuting suits or actions which may be brought relating to ownership of mineral rights in lands which have passed out of Indian ownership. The act of June 28, 1906, provided for the allotment of lands belonging to the Osage Indians and the lands were allotted pro rata among 2,229 members of the tribe. As to the underlying mineral deposits, the following parts of the 1906 act are quoted: "That nothing herein shall authorize the sale of the oil, gas, coal, or other minerals covered by said lands, said minerals being reserved to the use of the tribe for a period of twenty-five years, and the royalty to be paid to said tribe as hereinafter provided: And provided further, That the oil, gas, coal, and other minerals upon said allotted lands shall become the property of the individual owner of said land at the expiration of said twenty-five years, unless otherwise provided for by act of Congress. "SEC. 3. That the oil, gas, coal, or other minerals covered by the lands for the selection and division of which provision is herein made are hereby reserved to the Osage Tribe for a period of twenty-five years from and after the eighth day of April, nineteen hundred and six, and leases for all oil, gas, and other minerals, covered by selections and divisions of land herein provided for, may be made by the Osage Tribe of Indians through its tribal council, and with the approval of the Secretary of the Interior, and under such rules and regulations as he may prescribe. "SEC. 5. That at the expiration of the period of twenty-five years from and after the first day of January, nineteen hundred and seven, the lands, mineral interests, and moneys, herein provided for and held in trust by the United States shall be the absolute property of the individual members of the Osage Tribe, according to the roll herein provided for, or their heirs, as herein provided." From the foregoing it will be noted that section 2 contemplated that at the expiration of the 25-year period or on April 8, 1931, the underlying mineral deposits would become the property of the individual owner of said land, while section 5 contemplated that such mineral deposits would become the "absolute property of the individual member of the Osage Tribe, according to the roll herein provided for, or their heirs." Through the issuance of certificates of competency, removal of restrictions, approval of land sales, and otherwise, a large part of the surface of these Osage lands have passed into the hands of white purchasers who contend that on the expiration of the 25-year period provided for, they will become the owners of or at least be entitled to the oil, gas, and other royalties derived from the minerals underlying the lands owned by them. On the other hand the Indians contend that the original allottees or their heirs become the absolute owners of such minerals. No |