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the proceeds from oil and gas leases are not available for per capita payment to the Indians without the authority of Congress.

The amount now on deposit in the Treasury from this source is approximately $136,000. Reports indicate a very serious situation among the members of this tribe on account of a partial crop failure last year with the result that the Indians have very little money to provide themselves with the necessities of life or finance their spring farming activities. Both the local superintendent and the district superintendent in charge of that territory advise that a payment is absolutely necessary to prevent hardship and privation among the Indians. To avoid the necessity of separate legislation every time it is desired to make a payment, we believe it advisable that the Secretary of the Interior be given authority to make payments from this fund from time to time in his discretion and under such rules and regulations as he may prescribe, as provided by the bill.

This bill is identical with S. 3579, upon which the department made a favorable report under date of March 4, 1930.

Under the circumstances, therefore, it is recommended that the bill be enacted. C. J. RHOADS, Commissioner.

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2d Session

No. 887

DISPOSITION OF USELESS PAPERS IN THE DEPARTMENT OF STATE

MARCH 12, 1930.-Ordered to be printed

Mr. WASON, from the Committee on Disposition of Useless Executive Papers, submitted the following

REPORT

The Joint Select Committee of the Senate and House of Representatives appointed on the part of the Senate and on the part of the House of Representatives, to which are referred the reports of the heads of departments, bureaus, etc., in respect to the accumulation therein of old and useless files of papers which are not needed or useful in the transaction of the current business therein, respectively, and have no permanent value or historical interest, with accompanying statements of the condition and character of such papers, respectfully report to the Senate and House of Representatives, pursuant to an act entitled "An act to authorize and provide for the disposition of useless papers in the executive departments," approved February 16, 1889, as follows:

Your committee have met and, by a subcommittee appointed by your committee, carefully and fully examined the said reports so referred to your committee and the statements of the condition and character of such files and papers therein described, and we find and report that the files and papers described in the report of the Department of State to the Seventy-first Congress, second session, dated January 29, 1930, are not needed in the transaction of the current business of such department and bureaus and have no permanent value or historical interest.

We recommend that, as required by law, the Department of State sell as waste paper or otherwise dispose of such files of papers upon the best obtainable terms after due publication of notices inviting proposals therefor, and receive and pay the proceeds thereof into the Treasury of the United States, and make report thereof to Congress. Respectfully submitted to the Senate and House of Representatives.

EDWARD H. WASON,

R. A. GREEN,

Members on the part of the House.

WM. E. BORAH,

CLAUDE A. SWANSON,

Members on the part of the Senate.

Hon. NICHOLAS LONGWORTH,

Speaker of the House of Representatives.

DEPARTMENT OF STATE, Washington, January 29, 1930.

SIR: Under the terms of the Executive Order No. 1499, dated March 16, 1912, samples of approximately 140,000 papers which are useless to the Department of State have been submitted to the Librarian of Congress and were found to have no historical interest.

Copies of the communications with the Librarian of Congress on the subject and samples of the papers therein described are submitted herewith.

Permission is requested under the provisions of an act entitled "An act to authorize and provide for the disposition of useless papers in the executive departments," approved February 16, 1889, to destroy or otherwise dispose of these papers to relieve the urgent demand for additional filing space in the department. A similar communication has been addressed to the President of the United States Senate.

Very truly yours,

J. P. COTTON, Acting Secretary of State.

DESCRIPTION OF PAPERS TO BE DISPOSED OF

Despatches and reports relating to trade conditions, markets for American commodities, etc., received from consular officers in the field during the period from 1909 to 1925. (About 100,000.)

Seaman's declarations and seaman's identification certificates covering the years 1917 to 1924. (About 40,000.)

LIBRARY OF CONGRESS,

To the SECRETARY OF STATE.

Washington, October 26, 1929.

SIR: In reply to your letter of October 19, transmitting samples of miscellaneous papers in the files of the Department of State which the department wishes to destroy under the terms of the Executive order of March 16, 1912.

The matter has had the attention of the chief of our manuscript division who now reports that these samples seem to indicate no material that needs to be preserved on account of any historical interest. The samples are therefore returned herewith.

Very respectfully,

FRED W. ASHLY, Acting Librarian.

TRIBAL FUNDS OF YANKTON SIOUX TRIBE OF INDIANS, PIPESTONE CLAIM

MARCH 13, 1930.-Referred to the House Calendar and ordered to be printed

Mr. WILLIAMSON, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany H. J. Res. 188]

The Committee on Indian Affairs to whom was referred the bill (H. J. Res. 188) authorizing the use of Sioux tribal funds to pay expenses and compensation of the members of the tribal business committee for services in connection with their pipestone claim, having considered the same, report thereon with the following amendments, and as so amended recommends that the bill do pass:

Page 1, line 4, strike out the figures "$400", and insert the figures "$4,000".

Page 2, line 2, after the word "committee" insert a comma and the words "or their heirs,".

On August 23, 1924, the Yankton Sioux Tribe of Indians appointed a tribal committee and charged the members thereof with the duty of gathering the necessary evidence in support of their claim for compensation on account of the unauthorized seizure of the red pipestone quarries in the State of Minnesota in which they had a vested interest. The gathering and submission of this evidence to the Court of Claims was carried forward under the act of January 9, 1925 (43 Stat., p. 730), authorizing said tribe to sue in the Court of Claims for the recovery of damages because of the unlawful taking of said quarries by the Government.

In the gathering of such evidence the members of the tribal committee spent much time in visiting and procuring evidence of various members of the tribe who had personal knowledge of the facts, and incidentally spent a considerable amount of their own funds in the prosecution of the work.

The testimony gathered by said Indians was submitted in due course to the Court of Claims in support of their claim against the Government, and finally resulted in said court finding in favor of the Indians

in the sum of $328,558.90, which amount has been duly appropriated by the Congress and been placed to the credit of the tribal fund of said Indians, subject to appropriation by Congress. Your committee has been informed that the Yankton Sioux Tribe of Indians is willing to have the amount of $4,000 paid to the said members of the tribal committee to reimburse them for funds expended and in a small measure repay them for the time expended and services rendered in connection with the successful prosecution of said suit.

The Secretary of the Interior and the Commissioner of Indian Affairs approve the payment of the amount of $4,000 to the said tribal committee, as more fully appears in the letter of the Secretary of the Interior and the memorandum of the Commissioner of Indian Affairs, both of which are appended hereto.

Hon. SCOTT LEAVITT,

DEPARTMENT OF THE INTERIOR,

Washington.

Chairman Committee on Indian Affairs,

House of Representatives.

MY DEAR MR. CHAIRMAN: With further reference to your request of January 24, 1930, for a report on H. J. Res. 188, I transmit 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.

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington.

This will refer to H. J. Res. 188, authorizing the payment of compensation to members of the tribal business committee, who assisted in the preparation of the Pipestone Quarry case for the Court of Claims in a suit brought against the United States by the Yankton Sioux Indians.

The tribal business committee was appointed for this purpose at a general council held by the tribe on August 23, 1924. The case was not finally settled until 1928. The tribal business committee worked hard and faithfully on the case during the intervening 4-year period and used considerable of their own money for expenses. They traveled many miles to various places in search of evidence and testimony to support the case. While there was no specific agreement in advance that they would be paid anything for their services, it was understood at the time that if the court awarded the tribe any money the members of the committee would be compensated from the proceeds of the judgment in such amount as the Secretary of the Interior might approve.

The efficient work of the committee was, in part, responsible for the favorable decision in the case, and it is therefore believed that they should receive reasonable compensation at this time. The amount of the judgment with interest was $328,558.90. When the money was distributed among the Indians last year the sum of $4,000 was withheld for this purpose. However, there is no authority of law which could be invoked to cover the payment, and hence legislation will be necessary to accomplish the desired purpose. The bill specifies $400; this should be changed to $4,000.

Accordingly I recommend the enactment of the bill.

C. J. RHOADS, Commissioner.

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