2. Judgment in favor of Molalla and Calapooias of Umpqua Valley This case, popularly referred to as the Rogue River case, was filed against the United States under authority of act of Congress approved August 26, 1935 (49 Stat. 801) commonly referred to as the Jurisdictional Act. Plaintiff tribes are: Rogue River Tribe of Indians Cow Creek Band of Umpqua Quil-si-eton and Na-hel-ta Bands of the Chasta Cow-na-ti-co, Sa-cher-i-ton and Na-al-ye Bands of Scotons Grave Creek Band of Umpquas The Confederated Bands of the Umpqua Tribe The Calapooias residing in the Umpqua Valley Confederated Bands of Indians residing in Umpqua Valley Yamhill Band of Calapooias Che-luk-i-ma-uke Band of Calapooias The Chep-en-a-pho or Marysville Band of Calapooias The Chempho or Maddy Band of Calapooias The Chelam-e-la or Long Tom Band of Calapooias Molalla Band of Molalla Calapooia Band of Calapooia Winefelly and Mohawk Bands Tekopa Band Chafan Band of Calapooia Wah-lal-la Band of Tum-waters Clack-a-mas The Clow-we-wal-la or Willamette Tumwater Band Molalla or Molel Tribe Confederated Tribes of the Grand Ronde Community Siletz Confederated Tribes of Indians and portions and descendants of all such tribes and bands The consideration given by the courts in this case involved seven treaties between plaintiff tribes and the United States, entered into in 1853, 1854, and 1855, wherein the Government, by omission, and for various other reasons, failed to discharge its treaty obligations. The courts did not consider value of lands taken from the plaintiff tribes, since such lands had been ceded under their treaties, except for value of lands reserved by them in their respective treaties which were subsequently taken by the Government without recompense to the tribes. Under interlocutory decree of February 4, 1946, the Court of Claims held that as a matter of law the following-named bands and tribes were entitled to recover under their claims, subject to offsets to be determined later: Rogue River Tribe Chasta, Scoton, and Grave Creek Bands of Umpquas Cow Creek Band of Umpquas Confederated Bands of Umpquas and Calapooias of Umpqua Valley Molalla or Molel Tribe Confederated Tribes of Siletz Indians On April 3, 1950, the United States Court of Claims entered judgment in favor of the following tribes, in following amounts: Molalla or Molel Tribe___. $34,996. 85 The Umpqua Band and the Calapooia Band of Umpqua Valley... 342, 450. 74 These amounts were not contested by the United States, and the 82d Congress included those sums in its appropriation, Public Law 253, approved November 1, 1951, together with such interest as may be due from April 3, 1950. 3. Unsuccessful case of Coos, Lower Umpqua and Siuslaw Tribes Records on file in the Grand Ronde-Siletz office indicate that under date of June 18, 1919, the late George Bundy Wasson, an Indian from Marshfield, Oreg. (now Coos Bay), wrote the superintendent at Siletz enclosing copy of his letter to the chairman of the Committee on Indian Affairs, House of Representatives under date of May 23, 1919. Both letters, above referred to, indicated that efforts were being made to have Congress approve a bill which had been introduced (H. R. No. 749), allowing the Coos, Lower Umpquas, and Siuslaw Tribes to bring suit against the United States in an attempt to recover certain sums that the tribes considered the Government owed them when their lands were appropriated without their consent and without the benefit of a ratified treaty. Older Indians indicate that the movement was on foot by the Indians to get into court long before 1919. Be that as it may, Congress passed legislation, act of February 23, 1929 (45 Stat. 1256), as amended by act of June 2, 1932 (47 Stat. 307) allowing the three tribes, Coos, Lower Umpqua, and Siuslaw, to file the lawsuit. Records indicate that the three aforementioned tribes did get into court; that the Court of Claims entered judgment on May 2, 1938, denying plaintiff Indian tribes right of recovery; that a motion for a new trial made by plaintiff tribes on June 28, 1938, was denied on November 14, 1938; that on February 3, 1939, the plaintiff tribes filed a petition before the Supreme Court of the United States for a writ of certiorari. Subsequently, the United States Supreme Court decided against the three tribes, supra. Public law 726 of the 79th Congress approved August 13, 1946, established an Indian Claims Commission to try Indian claims accruing prior to August 13, 1946, and providing that claims accruing prior to August 13, 1946, but not filed within 5 years subsequent thereto, may not be heard by the Indian Claims Commission. Petition was filed by attorneys of the Coos, Lower Umpqua, and Siuslaws, on or about August 12, 1951, thus getting their claims filed legally with the Indian Claims Commission under provisions of act of August 13, 1946 (60 Stat. 1049; sec. 70, 25 U. S. C.). Efforts have been made and are still being made by the Indians of these three tribes to get Congress to pass new legislation allowing consideration anew of their claim for recovery on account of land taken from them for which payment to them has not been made. These Indians are fearful lest their claim may be denied by the Indian Claims Commission on the basis of the doctrine of res adjudicata. They feel that their claim is identical to the claim of the Alcea et al. Indians, so recently adjudicated in favor of the Alceas et al. Evidently there was faulty presentation of the Coos et al. Indians case, it preceding the presentation of the Alcea case by several years. It is very evident that counsel for the Alcea and Rogue River Tribes, in trying those cases, profited from mistakes made by counsel in the Coos et al. case, and avoided such mistakes. It is believed that if the Coos et al. case had been presented by using the type of evidence submitted in the Alcea case, the court would have rendered favorable judgment. Such conclusion would be reached on perusal of various evidence and findings of fact reached in the Alcea case, since the Coos, Lower Umpqua, and Siuslaw Indians, and lands originally occupied by them, are all dealt with in the Alcea case and the facts relating to the two cases are interwoven. 4. Untried cases before Indian Claims Commission Mr. E. L. Crawford, attorney, Salem, Oreg., has entered into contract with both the Confederated Tribes of the Grand Ronde Community and the Confederated Tribes of Siletz Indians, to handle such claims as they may have which accrued prior to August 13, 1946. Mr. Crawford has assigned parts of his contract to the following associates: Garland S. Ferguson III, Ricker Building, Arlington, Va.; Joseph W. Creagh, Arlington, Va. Under authority of the two contracts there have been filed with the Indian Claims Commission, the following claims: (a) For the Confederated Tribes of Grand Ronde Community, and the tribes and bands who were living on the Grand Ronde Reservation at the time of damages as alleged, plaintiff tribes contend that they are entitled to recover damages in net amount of $671,500, representing the difference between $700,000 valuation placed by the Indians on land which was alienated by the United States from the reservation, and sold under act of April 28, 1904 (33 Stat. 566), which was approximately 26,000 acres, and the amount realized by the Indians in the transaction which was approximately $28,500. (b) For the Confederated Tribes of Siletz Indians, and the tribes and bands who were living on the Siletz Reservation at the time of damages, as alleged, plaintiff tribes contend that they are entitled to recover $8 million, representing true value of land and timber on the Siletz Reservation alienated by the United States from the reservation, and sold under act of August 15, 1894 (28 Stat. 286, 323), and act of May 13, 1910 (36 Stat. 367), as amended by the act of May 18, 1916 (39 Stat. 123, 149). (c) For the Confederated Tribes of the Grand Ronde Community, Oregon, the Confederated Tribes of Siletz Indians, and 29 other bands and tribes of Indians, plaintiff tribes contend that they are entitled to recover $50 million in payment 58003°-55 S. Repts., 83–2, vol. 3 for valuable lands, timber, fisheries, and other appurtenances, which were take by the Federal Government from those tribes without just compensation. T claim covers many tribes and bands not included in the Alcea, Rogue River, Coos cases, such as the Chinooks. The claim cites instances wherein land w taken by the Government without extinguishing Indian title, and in other i stances where treaties were made but allegedly unfulfilled by the Government, if fulfilled, the amount realized by the Indians was allegedly inadequate, co sidering the real value of lands ceded by the Indians. 1. Reimbursable loans VIII. OBLIGATIONS There are at present 10 loans with $1,698.81 owed in principal, which are du and unpaid. They are listed as follows: Industry, $1,120: 7 loans; 3 borrowers all now deceased. Four loans will b collected when sale of John Ponsee allotment is consummated. Heirs to othe two allotments involved have not applied for sale thereof; may have to awa forced sale to make collection on these allotments. Tribal, $298.81: 1 loan; 1 borrower. Will be collected upon sale of allotmen Education, $280: 2 loans, 1 borrower; borrower has no ellotment or inherite interests, but is presently employed. Possibly some plan for repayment of loan can be worked out with borrower. 2. Unpaid probate fees There are approximately 81 estates involving unpaid probate fees. As restri tion is removed through sale or otherwise, collections of probate fees are bein made. Also, whenever earnings occur from timber sales or grazing fees on allo ments involved in unpaid probate fees, funds are transferred to meet the obliga tion. Seldom do debtors pay the probate fees voluntarily. IX. SERVICES AND GRATUITIES 1. General administrative services While it is true that the number of employees has diminished to such an exten that adequate services are impossible, there yet remains considerable to be don in the way of assistance to the Indians in furnishing of information concernin their trust properties, their claims against the Government, distribution of the funds, and many duties pertaining to their everyday life on which they still see counsel from the Bureau of Indian Affairs. The Grand Ronde people hav problems in connection with collection of loans, rentals, and so forth. Th secretary-treasurer handles the collections, but the funds must be deposited i the area office, official receipts made, and when accounts are delinquent, transfer often made from IIM funds of individuals to the Grand Ronde fund. Meeting of the tribes are held quite often and a Bureau representative is expected t attend and furnish counsel and do what he can to help them in advising on variou problems. 2. Administration of resources The last contract for the sale of timber only was completed and a certificat of completion filed in March 1953. It is not likely that any more such contract will be let unless plans materialize for a sale on the Depoe Bay reserve located o the Siletz Reservation. 3. Other services and gratuities In addition to above duties performed for the Indians of the jurisdiction, ther are other general services rendered by the area office, such as probating estate of deceased Indians, counseling by credit officer as required by loan organization (Grand Ronde), legal counseling by area counsel, and assistance of placemen and welfare officers. Under this heading the area office has in the last 3 year handled all leasing and selling of lands of the jurisdiction. There are 20 case requiring probating of estates of deceased Indians of the jurisdiction, all involvin individual allotments situated within the jurisdiction. 1. Hospital and welfare X. SPECIAL PRIVILEGES There are seldom any Indians from the jurisdiction in any Bureau hospital These people have in recent years patronized private hospitals, and paid thei bills the same as other people. The State welfare commission already takes car of worthy needy Indians in much the same manner as in the case of other citizens. County welfare offices, however, send questionnaires to the area office for eligibility data in connection with each Indian's application for relief. 2. Education Children of Indian blood are still being accepted at Chemawa Indian School when considered eligible by the area office. It is believed that approximately $11,500 of Federal funds, per annum, in aid through the State contract, is going to Lincoln County, Oreg., on account of children of Indian blood attending public schools in that county. Most of the children in that county live in Siletz or vicinity. 3. Immunity from taxation The only immunity from taxation enjoyed by people of Indian blood of this jurisdiction concerns lands held in trust by the Federal Government for them, These people pay taxes on their incomes, on various and sundry taxable items, on homes and homesites when located on patented land, and all the hidden taxes that other citizens pay. 4. Privileges under Indian Reorganization Act The only group under the Indian Reorganization Act is the Grand Ronde community. They have a revolving loan fund, and have about nine members who are paying for houses assigned them by the tribes under contract. The tribe is having trouble collecting on these assignment contracts. While the tribe may bring suit in local courts, when it comes right down to eviction of Indians from the houses situated on what is still considered an Indian reservation, the county officers hesitate to act or do not act at all. Federal courts would probably delay prosecution of such small cases and the council does not intend to seek action from Federal courts. 5. Fishing and hunting A very few of the people of Indian blood-a few on the old Grand Ronde Reservation-attempt to convince the State and county police officers that they (the Indians) should be permitted to hunt and fish without reference to State laws and regulations. The State's attorney general has made a ruling on the subject to the effect that the Indians are under jurisdiction of the Federal Government in taking game or fish on their lands when held in trust by the Federal Government within boundaries of an Indian reservation. For instance, the Indians may fish out of season on individual trust allotments bordering on the Siletz River, within the boundaries of that reservation. Arrangements for identification of Indians so permitted, have been made, and have been in force for several years. The area office of the Indian Service issues a permit in form of a letter to permittee, with copy thereof to the State police, game division, Salem, Oreg. In case of fishing permit, a tag is sent to permittee and the number of such tag is inserted on the permit and on the copy sent to the State officer. Copy of the transaction is retained in the area office. The metal tag is placed on Indian's net, and when on trust property, the State police officer does not disturb such net, except for checking on number of tag and identity of permittee. In case of game such as venison, the deer may be killed out of season on Indian trust property and transported to the Indian's home even across non-Indian land. XI. JUSTIFICATION FOR FEDERAL WITHDRAWAL 1. Ability to handle own affairs The younger generations are mixed bloods, and in most cases have the appearance of white people; they are literate, have practically all of the mannerisms of the average white person, are practically all gainfully employed either in their own businesses or by others, and are capable of attending to their own affairs to the same extent as other citizens. 2. Education, assimilation, and integration The Bureau of Indian Affairs has, over a period of many years, assiduously sponsored and promoted education of Indian children of the west coast tribes of Oregon, and in this process has mixed the Indian children with white children through school contacts. Association with the whites, in school and in general society of their respective communities, has resulted in intermarriage and wide assimilation has taken place. 8. Treaty obligations of Federal Government The Indians of western Oregon have received from the Federal Government the same type of assistance rendered other tribes and bands throughout the United States. As far as the Indians of western Oregon are concerned this assistance has had the effect of raising their economic, social, and cultural standards to practically the same level as other citizens. There remains no necessity for continuing such assistance, as to these Indians. As to fulfillment of treaty obligations, the Indians of western Oregon have already been awarded by the Court of Claims certain recoveries; in other cases, claims petitions have been filed for recovery of all damages they allege to be due them from the United States. 4. Effect of taxation immunity Indians of western Oregon indicate that they are being discriminated against due to the fact that their property held in trust by the Federal Government is immune from real-property taxation. The Indians feel that discrimination would disappear if they were subjected to the same obligations of citizenship as are other people of the communities. XII. SCHEDULE OF OPERATIONS NECESSARY TO ACCOMPLISH FEDERAL Schedule of operations (based on proposed Grand Ronde-Siletz withdrawal legislation, utilizing existing manpower) The following schedule of operations states, in the order of the priority which should be assigned to each, the tasks remaining in the orderly withdrawal of Federal supervision. A. SALE OR REMOVAL OF TRUST OR OTHER RESTRICTIONS ON INDIVIDUAL INDIAN ALLOTMENTS, INDIAN HOMESTEADS, AND OTHER TRACTS OF INDIVIDUALLY OWNED OR ASSIGNED LANDS First priority should be given to the sales of individual Indian allotments. The demand for forest products and existing high prices present the most favorable opportunity in history for realizing excellent prices for the scattered tracts of Indian timberlands remaining in the western Oregon area. Practically without exception, the owners of the lands are anxious that their lands be placed on the market now. With adequate staffing we should be able to sell the bulk of these lands within the next 2 years. With existing personnel, it will take 5 years or longer to complete the work. In all cases where the Indian owners desire that the lands be sold, we propose that they be offered to the highest bidder at publicly advertised sales. Preliminary to a sale, it is necessary that the lands be appraised, timber cruised, and detailed reports of that operation prepared for the record. B. DISTRIBUTION OF JUDGMENT FUNDS The work of distributing the judgment funds awarded certain western Oregon tribes, and appropriated by the act of November 1, 1951 (65 Stat. 736, 754), should proceed with a reasonable degree of rapidity after the enactment of the proposed legislation authorizing its distribution, providing some provision is made in legislation whereby the cost of preparing the necessary rolls and making distribution would be met from judgment funds now on deposit in the Treasury of the United States. Indians able to prove eligibility to share in judgment funds are entitled to receive their shares of the funds without undue delay, and this work should receive equal priority with the sales of the remaining individual allotments. Without adequate legislation to accelerate this phase of the program, existing personnel would be unable to do the job and at the same time carry on the land sale program in less than 6 or 7 years. C. PROBATE OF ESTATES OF DECEASED PERSONS The probating of the estates of deceased Indians owning interests in trust allotments within the Grand Ronde-Siletz jurisdiction is practically current at the present time. We anticipate a relatively small amount of probate work in the next few years which will pose no problem and will, no doubt, proceed simultane |