BRONZE CANNON TO MARTINS FERRY, OHIO FEBRUARY 28, 1930.-Committed to the Committee of the Whole House and ordered to be printed Mr. SPEAKS, from the Committee on Military Affairs, submitted the following REPORT [To accompany H. R. 9425] The Committee on Military Affairs to whom was referred the bill (H. R. 9425) to authorize the Secretary of War to donate a bronze cannon to the city of Martins Ferry, Ohio, introduced by Mr. Murphy, having considered the same, report thereon with the recommendation that it do pass. In recent years it has been the practice to give to communities desiring them, those obsolete cannon that are available at various arsenals, in order that they may be used for commemorative purposes. In Martins Ferry, Ohio, is located the grave of Elizabeth Zane, known in history as the heroine of Fort Henry. The Battle of Fort Henry, located at what is now Wheeling, W. Va., was the last battle of the Revolutionary War. It was after the signing of the peace treaty but before news of the event had reached what was then wilderness. General St. Clair, with a body of English troops and Indians, attacked the fort by surprise. However, the defenders of the fort held off the enemy for two days, when it was found the powder was becoming exhausted. Colonel Zane, the commanding officer, remembered a keg of powder that had been left in his cabin, which was about 150 yards from the fort. He called for volunteers. Betty Zane, a resident of Philadelphia, who had just graduated from a girls' school, was visiting her uncle, Colonel Zane. She insisted on going for the powder because of the scarcity of men and her belief that a girl could succeed where a man would fail. She reached the hut in safety and started back with an apron full of powder before the Indians realized her purpose. However, she escaped the fire of the Indians, and the new supply of powder enabled the defenders to successfully withstand the attacks of the British and Indians, who finally withdrew. A monument has been erected by the school children of Martins Ferry, and the cemetery is now being maintained by the city in commemoration of this brave girl. It is desired that the bronze cannon mentioned in this bill be placed in that cemetery. The donation meets with the approval of the War Department, as set forth in the following letter: Hon. W. FRANK JAMES, Chairman Committee on Military Affairs, House of Representatives. FEBRUARY 24, 1930. DEAR MR. JAMES: Careful consideration has been given to the bill (H. R. 9425) to authorize the Secretary of War to donate a bronze cannon to the city of Martins Ferry, Ohio, which was transmitted to the War Department under date of February 3, 1930, with a request for information and the views of the department relative thereto. No law exists at present which authorizes the donation of this cannon. Previous acts of Congress have authorized the Secretary of War, in his discretion, to deliver to certain named schools, colleges, academies, Grand Army posts, parks, cemeteries, cities, and towns, one or more brass or bronze cannon with carriages and cannon balls, the property to be subject at all times to the order of the Secretary of War (37 Stat. 508; 38 Stat. 1198; and 39 Stat. 831). The cannon in question is now located at Watervliet Arsenal, Watervliet, N. Y., and, although it is among those already authorized for distribution under the above laws which were enacted more than 10 years ago, its delivery has not as yet been requested. In view of the above, no objection is foreseen on the part of the War Department to the passage of the proposed bill. Sincerely yours, SUIT IN COURT OF CLAIMS FOR INDIANS OF CALIFORNIA FEBRUARY 28, 1930.-Referred to the House Calendar and ordered to be printed Mr. ENGLEBRIGHT, from the Committee on Indian Affairs, submitted the following REPORT [To accompany H. R. 10081] The Committee on Indian Affairs, to whom was referred the bill (H. R. 10081) to amend the act authorizing the attorney general of the State of California to bring suit in the Court of Claims on behalf of the Indians of California, having considered the same, report thereon with a recommendation that it do pass without amendment. By the act of May 18, 1928 (45 Stat. L. 602), the attorney general of the State of California was authorized to bring suit in the Court of Claims on behalf of the Indians of that State. The act provided that enrollments should be made within two years of approval of the act, the Secretary of the Interior being allowed another year after the closing of the rolls within which to make any revision he might see fit. At the close of this third year addition of new names might not be made. The appropriation to carry out this section. of the act was contained in the act of March 4, 1929 (45 Stat. L. 1640), proved insufficient and work was therefore suspended before completion. The purpose of H. R. 10081 is to grant two additional years within which enrollment might be made. In other words, four years will be allowed for enrollment instead of two, with the additional year for revision. The Interior Department appropriation bill for the fiscal year 1931 contains an item of $20,000 which will be available for resumption of the work immediately upon the passage of this act. Section 7 would then read: For the purpose of determining who are entitled to be enrolled as Indians of California, as provided in section 1 hereof, the Secretary of the Interior, under such rules and regulations as he may prescribe, shall cause a roll to be made of persons entitled to enrollment. Any person claiming to be entitled to enrollment may within [two] four years after the approval of this act, make an application in writing to the Secretary of the Interior for enrollment. At any time within [three] five years of the approval of this act the Secretary shall have the right to alter and revise the roll, at the expiration of which time this roll shall be closed for all purposes and thereafter no additional names shall be added thereto: Provided, That the Secretary of the Interior, under such rules and regulations as he may prescribe, shall also cause to be made, within the time specified herein, a roll of all Indians of California other than Indians that come within the provisions of section 1 of this act. The favorable statement of the Secretary of the Interior reads as follows: Hon. SCOTT LEAVITT, DEPARTMENT OF THE INTERIOR, Chairman Committee on Indian Affairs, House of Representatives. MY DEAR MR. CHAIRMAN: The act of May 18, 1928 (45 Stat. 602), authorized the attorney general of the State of California to bring suit in the Court of Claims on behalf of the Indians of that State. The claims of the Indians of California are based principally on 18 unratified treaties negotiated with the several tribes and bands in 1851 and 1852. Among other things, this act directed the Secretary of the Interior to cause a roll to be made of such Indians in the State who might be found entitled to share in any favorable judgment obtained and a second roll or census covering all other Indians residing in the State at the date of the passage of the act. Section 7, referring specifically to the rolls mentioned, provides that applicants may, within two years after the approval of the act, apply in writing to the Secretary of the Interior, for enrollment and that he, at any time within three years from May 18, 1928, shall have the right to alter or revise the roll, and at the expiration of that time it should be closed for all purposes and no additional names shall thereafter be added. To carry out the enrollment work authorized by section 7 an appropriation in the sum of $10,000 was contained in the act of March 4, 1929 (45 Stat. 1640), and soon after this money became available a force of employees began the enrollment work. By reason of the time limitation contained in the act of May 18, 1928, every effort was made to expedite the preparation of the rolls. During the latter part of the summer it became apparent that the funds appropriated would not be sufficient to carry the work along and in view of the fact that a specific appropriation had been made we were not able to allot other funds for the purpose. It was not possible to obtain an appropriation for the continuation of the work and all but one of the employees assigned to it were withdrawn about October 1, 1929. The Interior Department appropriation bill for the fiscal year 1931 contains an item of $20,000 which will be available immediately upon the passage of the act and we hope to resume operations just as soon as the bill becomes a law. However, it will not be possible to complete the enrollment within the time limit set by the act of May 18, 1928, and it is necessary, therefore, that we obtain an extension of time. Census records show a California population of approximately 20,000. Over a period of approximately 10 months more than 6,000 applications filed by individuals or on behalf of whole families were received and more than 12,500 Indians enrolled. It is estimated that the total applications filed by persons claiming to be of Indian blood will cover approximately 50,000 claims and the total enrollment may be as high as 25,000. This greatly exceeds the number that was contemplated at the time the jurisdictional act was passed. In view of the conditions existing and the urgent necessity of completing the work which has already begun, it is recommended that the legislation submitted herewith receive the early attention of your committee and the Congress. Very truly yours, |