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Mr. STEIWER, from the Committee on Indian Affairs, submitted the



[To accompany S. 2895)

The Committee on Indian Affairs, to whom was referred the bill (S. 2895) authorizing the bands or tribes of Indians known and designated as the Middle Oregon or Warm Springs Tribe of Indians of Oregon, or either of them, to submit their claims to the Court of Claims, having considered the same, report favorably thereon with a recommendation that the bill do pass with the following amendment:

On page 2, line 14, strike out all after the word “Oregon” and on page 3 strike out all lines 1 to 10, inclusive.

This bill has the recommendation of the Secretary of the Interior, as set forth in the following letter, which is appended hereto and made a part of this report:


Washington, March 22, 1930. Hon. LYNN J. FRAZIER, Chairman Committee on Indian Affairs,

United States Senate. MY DEAR MR. CHAIRMAN: With further reference to your request of January 8 for a report on S. 2895, which would authorize certain bands or tribes of Indians in Oregon to submit their claims to the Court of Claims, there is transmitted herewith a memorandum from the Commissioner of Indian Affairs. After a review of the proposed measure, I agree with Commissioner Rhoads. Very truly yours,

Ray LYMAN WILBUR, Secretary.



Washington, February 6, 1930. Memorandum for the Secretary.

Reference is made herein to S. 2895, Seventy-first Congress, second session, and to letter of January 8, 1930, from Hon. Lynn J. Frazier, chairman of the Senate Committee on Indian Affairs, requesting your views on the bill mentioned. The purpose of the bill is to confer jurisdiction on the Court of Claims to adjudicate the claims against the Government of the Middle Oregon or Warm Springs Tribe of Indians of Oregon.

These Indians are asserting & claim for compensation for land lying to the northwest and south of the present boundaries of the Warm Springs Indian Reservation established by treaty of June 25, 1855 (12 Stat. L. 963), which they claim was erroneously excluded from the reservation by survey. They are also asserting a claim for compensation for hunting, fishing, grazing, and berrying rights under the above treaty of 1855, which rights were later surrendered by the treaty of November 15, 1865 (14 Stat. L. 751).

The boundary claims of these Indians have been under consideration since the survey of the north boundary in 1871 by T. B. Handley. The Indians claimed that the line run by Handley was far out of the way and that a large area of land had been thrown out of the reservation by reason of the erroneous location of the line. The matter of the alleged erroneous location of the boundary has been investigated a number of times and at the solicitation of the Indians a later survey was made by John A. McQuinn. The line run by McQuinn does not appear to follow the exact calls of the treaty but it is more nearly in accord with the treaty reservation than that run by Handley. The Indians believed that the proposed method of settlement was not equitable and did not fully compensate them for their losses and they declined to accept the proposition of the Government. The Indians have always contended, however, that the McQuinn line followed very closely the calls of the treaty of 1855 and that it should not be disturbed. However, notwithstanding the claims of the Indians as to the true location of the northern boundary of the reservation, Congress recognized the line run by T. B. Handley as being the true reservation line by act of June 6, 1894 (28 Stat. L. 86). As a result, a large area of land was eliminated from the reservation as established by the treaty and later surveyed by McQuinn. The Indians have never admitted that the Handley survey defined the true northern boundary of the reservation.

The western boundary of the reservation is also in dispute. Handley did not attempt to locate the western boundary of the reservation, but from the wording of the cession by these Indians in the treaty of 1855 and the reservation retained by them it appears that the true western boundary follows the summit of the Cascade Range. McQuinn ran a line for the western boundary of the reservation which fixes such boundary as a straight line beginning on the north on the summit of the Cascade Range and running in a southerly direction directly to the summit of what is now known as Mount Jefferson. At various places along the course of this line it crosses the summit of the Cascades leaving a part of the reservation on the west of the Cascade Mountains, while some of the lands east thereof were disposed of as public lands. The western boundary was later established by what is known as the Campbell survey which extended the Handley survey from the point where he ended. At this point Campbell ran the line due west to the summit of the Cascade Mountains and from there directly to the summit of Mount Jefferson. The Indians claim that the reservation boundry should follow the summit of the Cascade Range in accordance with the provision of the above treaty.

The appropriation act of March 2, 1917 (39 Stat. L. 969) for current and contingent expenses of the Bureau of Indian Affairs, and for other purposes contains the following provision:

"That $5,000 of the above amount shall be used for an investigation and report on the merits of the claim of the Indians of the Warm Springs Reservation, in Oregon, to additional land arising from alleged erroneous surveys of the north and west boundaries of their reservation as defined in the treaty concluded June twenty-fifth, eighteen hundred fifty-five (Twelfth Statutes at Large, page nine hundred sixty-three), and the Secretary of the Interior is hereby authorized to make such surveys as may be necessary to complete such investigation and

In pursuance thereof United States Surveyor Fred Mensch was authorized to make investigation of the disputed boundaries. His investigation commenced October 28, 1917, and was completed April 16, 1918. On October 5, 1920, the Secretary of the Interior addressed a communication to the President of the Senate proposing a compromise settlement of the boundary dispute, which was as follows:

“In view of the above I recommend enactment of legislation authorizing this department to reestablish the north and west boundaries of the reservation as herein suggested, and that the amount of $54,880 be appropriated for the loss of 7,736 acres as estimated by the Mensch report in townships 5 and 6 south, range 11 east."


In this letter the Secretary recommended that the Handley line be adhered to from the beginning point on the east to his thirty-eighth angle point, and that it also be retained through township 6 south, range 11 east, "in spite of its erroneous location.” The Secreatry suggested that a report be received from the Secretary of Agriculture in regard to the matter for the reason that part of the lands excluded by erroneous survey were included in a national forest.

There is also a dispute in regard to the southern boundary which was brought about primarily because of an indefinite knowledge of the geography of the region through which the line was to run at the time of the negotiation of the treaty of June 25, 1855.

For more detailed history of the controversy, reference may be had to Senate Executive Document No. 60, Forty-ninth Congress, second session; Senate Executive Document No. 67, Fifty-first Congress, first session; and House Executive Document No. 69, Fifty-second Congress, first session.

The claims for hunting, fishing, and berrying in ceded territory have been referred to heretofore. The bill provides for the submission of this claim along with the boundary claim. There appears to be no reason why the hunting, fishing, and other rights should not be heard and determined along with others, but the bill, as drawn, is so worded as to permit of such adjudication notwithstanding the provision of the subsequent treaty of November 15, 1865, and is, in effect, an abrogation of certain provisions of the 1865 treaty.

Should legislation of this nature be enacted the Indians probably will make claim to approximately $665,000, which includes the value of the fishing rights above mentioned.

Concerning the fishing and other rights mentioned in the bill, should the Indians desire to have their claims, therefor, adjudicated by the Court of Claims, including the hunting and fishing rights for the period prior to November 15, 1865, no objection will be made thereto. Further, the bill contains certain explanatory statements on pages 2 and 3 thereof which could very properly be eliminated. Therefore, S. 2895 should be amended by striking out all the remainder of page 2 of the bill after the semicolon following the word “Oregon" in line 14, and also all lines 1 to 10, inclusive, page 3.

With this modification it is recommended that Senate 2895 receive favorable consideration.

C. J. RHOADS, Commissioner. O



May 19, 1930.-Ordered to be printed

Mr. SWANSON, from the Committee on Naval Affairs, submitted the



(To accompany H. J. Res. 327)

The Committee on Naval Affairs, to whom was referred the resolution (H. J. Res. 327) authorizing the presentation of medals to the officers and men of the Byrd Antarctic expedition, having considered the same, report favorably thereon, without amendment, and with the recommendation that the bill do pass.

The purpose of the bill is to authorize the Secretary of the Navy to have made certain medals to commemorate the Antarctic expedition of Rear Admiral Byrd, United States Navy, and to present same to the officers and men of the expedition.

The report of the Committee on Coinage, Weights, and Measures of the House of Representatives on this bill is herewith made a part of this report, as follows:

(House Report No. 1402, Seventy-first Congress, second session) The Committee on Coinage, Weights, and Measures, to whom was referred the resolution (H. J. Res. 327) authorizing the presentation of medals to the officers and men of the Byrd Antarctic expedition, having considered the same, report it to the House with amendment- page 1, line 3, strike out the word “Treasury' and insert the word “Navy.”—with the recommendation that it do pass.

Rear Admiral Richard E. Byrd and his men are returning home from one of the greatest scientific expeditions and most extraordinary explorations ever undertaken. After more than a year of painstaking preparations, the expedition set sail from the United States in the fall of 1928. The four expedition ships met in Dunedin, New Zealand. There final preparations were made, and the expedition sailed December 2, 1928, in the ships City of New York and Eleanor Bolling, for the Bay of Whales, Antarctica. Early in January of 1929 the expedition base, Little America, was established on the Bay of Whales.

The expedition roster is as follows: Rear Admiral Richard E. Byrd, com- Charles E. Lofgren, personnel officer. mander.

Martin Ronne, sailmaker. Dr. Lawrence M. Gould, second in com- Russell Owen, newspaper correspond. mand, geologist, geographer.


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