OONGRESSIONAL RECORD-SENATE. APRIL6, of North Dakota, Favoring the Enactment of a Dause in the Ha the PRESIDENT Pro Tempore

3826 OONGRESSIONAL RECORD-SENATE. APRIL6, of North Dakota, favoring the enactment of a dause in the Ha The PRESIDENT pro tempore. The Senator from Kentucky waiian constitutiorr"forbidding· the manufacture and sale of in moves that the papers filed in relation to the election of a Senator toxicating liquors and a prohibition of gambling and the opium from . the State qf Kentucky be referred to the Committee on trade-to the Committee on the Territories. -n Privileges and Elections...... Also, petitions of citizensof Pembina., Cando, Hallson, and Cass Mr. STEWART. I hope that motion will not be pressed this County, N. Dak., against the Loud bill-to the Committee on the morning. I object to it now, if I have a right to object. Post-Office and Post-Roads. . The PRESIDENT pro tempore. A single objection would not Also, petitions of Posts Nos. 2, 11, 21, 22, 33, and 41, Department of lie against the motion. · North Dakota, Grand Army of the Republic, indorsing the bill to Mr. JONES of Arkansas. I presume the Senator from Ken establish a Branch Home for disabled soldiers at or near .Tohnson tucky would have no objection to allow the motion to lie over on City, Teiln.-to the Committee on Military Affairs. the i·equest of any Senator. I suppose he will not object to that Also, petitions of citizens of Rutland, Dell Rapids, and Ransom course. County, N. Dak., favoring the Grout bill relating to oleomar Mr. DEBOE. Let it go over, then, until to-morrow morning. garine-to the Committee on Ways and Means. The PRESIDENT pro tempore. Does the Senator from Ken Also, resolution of the Trades League of Philadelphia, Pa., ap tucky withdraw his motion? proving the Senate amendments to the legislative bill respecting Mr. DEBOE. I withdraw the motion for the present. the Hydrographic Office, Navy Department-to the Committee on The PRESIDENT pro tempore. The motion is withdrawn. Appropriations. FINDINGS OF COURT OF INQUIRY. By Mr. SPERRY: Petition of Merriam, No. 29, Woman's Relief The PRESIDENT pro tempore. The Chair lays before the Sen Corps, of Meriden, Conn., urging the passage of House bill No. ate a communication from the !::ecretary of War, transmitting, in 5475, prohibiting the sale of liquor in Army canteens-to the Com response to a resolution of the 30th ultimo, the original copy of the mittee on Military Mairs. minutes, proceedings, and findings of the court of inquiry pursuant By Mr. STEVENS .of Minnesota: Petition of the Shak~speare to the President's instructions of February 20, 1899, together with Club, of Minneapolis, Minn., in favor of the proposed national the final report of said court of inquiry and the action taken thereon. park in northern Minnesota-to the Committee on the Public The accompanying papers are very voluminous. '.1,'he communi Lands. cation will be printed, and, with the accompanying papers, re By Mr. SULZER: Resolutions of a mass meeting of citizens of ferred to the Comm~ttee on Printing. Coopertown, Wis., in favor of intervention in the interest of peace between Great Britain and the Orange Free State-to the Com MESSA.GE FROM THE HOUSE. mittee on Foreign Affairs. ·A messag~ fron;i the House of Representatives, by Mr. W. J •• By Mr. WACHTER: Petition of 126 druggists of Baltimore, BROWNING, its Chief Clerk, announced that the House bad disa Md., for the repeal of the tax on medicines, perfumery,. and cos greed ~o. the amen~ment of the .Senate to the bill (H. R. 4001) metics-to the Committee on Ways and Means. authorizmg the adJustment of rights of settlers on the Navajo By Mr. WARNER: Petitions of Methodist Episcopal churches Indian Reservation, Territory of Arizona; asks a conference with of St. Joseph and Mayview, Ill., urging the enactment of a clause the Senate on the disagreeing votes of the two Houses thereon, in the Hawaiian constitution forbidding the manufacture and sa!e and had appointed Mr. LACEY, Mr. CURTIS, and l\lr. STEPHENS of into~icating liquors and a prohibition of gambling and the of Texas, managers at the conference on the part of the House. opium trade-to the Committee on the Territories. The message also announced that the House had passed a bill By Mr. JAMES -R. WlLLIAMS: Paper to accompany House (H. R. 10449) making appropriations to supply additional urgent bill granting an increase of pension to Thomas Summers-to the deficiencies in the appropriations for the fiscal year ending June Committee on Invalid Pensions. 30, 1900, and for other purposes; in which it requested the concur rence of the Senate. ENROLLED BILLS SIGNED. SENATE. The message further announced that the Speaker of the House had signed the following enrolled bills and joint resolution; and they FRIDAY, Ap1ril 6, 1900. were thereupon signed by the President pro tempore: Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. A bill ( H. R. 205) granting an increase of pension to George C. Snvder· · THE JOURNAL, A bili (H. R. 240) granting an increase of pension to George W. The Secretary proceeded to read the Journal of yesterday's pro Wakefield; • ceedings, and having read the following entry: A bill (H. R. 434) granting an increase of pension to Jesse Smith; Mr. JONES of Arkansas presented the following credentials of J oseph C. S. A bill (H. R. 457) granting a pension to Clara L. Harriman; Blackburn, being a transcript from the journals of the proceeilings of the A bill (H. R. 493) granting a penaion to Fanny M. Hays; legislature of the State of Kentucky in joint assembly, showin~ the election of Mr. Blackburn as a Senator from that State for the term of six years, com A· bill (H. R. 1458) granting an increase of pension to John E. mencing March 4, 1901- Whinnery; Mr. DEBOE. Mr. President, I was not aware of the fact yes A bill (H: R. 1507) granting an increase of pension to William terday morning when the Senator from Arkansas presented the H. La Count; credentials of Mr. Blackburn. I desire t.o know if they are now A bill {H. R. 1754) granting a pension to Helen M. Hull; the subject of a reference. If so, I desire to move that they be A bill (H. R. 1800) granting a pension to LutheriaH. Maynard; rnferred t-0 the Committee on Privileges and Elections. A bill (H. R. 1890) to increase the pension of John Houk; The PRESIDENT pro tempore. After the reading of the J our A bill (H. R. 2203) granting an increase of pension to John M. nal is completed and it stands approved, the Chair is of opinion Garrett.; that a motion touching the credentials would be in order. A bill (H. R. 2397) grantin~ a pension to Eliza S. Redfield; Mr. PENROSE. I ask unanimous consent that the further A bill (H. R. 2681) granting an increase of pension to Calista F. reading of the Journal be dispensed with. Hall; . The PRESIDENT pro tempore. The Senator from Pennsylva A bill (H. R. 2809) granting an increase of pension to Moses F. nia asks unanimous consent that the further reading of the J our- Woods; nal be dispensed with. Is there objection? • A bill (H. R. 2865) granting an increase of pension to Louis H. Mr. JONES of Arkansas. I prefer that the reading of the rec Gein; ord of the proceeding in relation to the credentials shall be com A bill (H. R. 2999) granting an increase of pension to George pleted. M. Brown; The PRESIDENT pro tempore. Objection being made, the Sec- A bill (H. R. 3021) granting a pension to Eliza H. Getchel; retary will proceed with thexeading of the Journal. · A bill (H. R. 3085) granting an increase of pension to William The Secretary resumed the reading of the Journal, and was Sheppard; . - interrupted by A bill (H. R. 3167) granting an increase of pension to Thomas . Mr. JONES of Arkansas. I have now no objection to the re H. Cook; quest of the Senator from Pennsylvania that the reading may be A bill (H. R. 3268) granting an increase of pension to James W. dispensed with. Kessler; Mr. PENROSE. I renew my request. A bill (H. R. 3635) granting an inc1·ease of pension to Timothy The PRESIDENT pro tempore. The Senator from Pennsylva B. Eastman; nia aHks that the further reading of the Journal be dispensed with. A bill (H. R. 3640) granting a pension to Mary Pollock; ls there objection? The Chair hears none, and it is so ordered. A bill (H. R. 3694) granting an increase of pension to James Without objection, the Journal stands approved. Bottoms; A bill (H. R. 37'75) granting an increase of pension to Robert SENATOR FROM KENTUCKY. Boston; Mr. DEBOE. I now renew the motion t.bat those papers be re A bill (H. R. 3863) granting an increase of pension to Alfred ferred to the Committee on Privileges and Elections. Dyer; 1900. CONGRESSIONAL RECORD-SENATE. 3827 ~

A bill (H. R. 4047) granting an increase of pension to James S. He also presented a memorial of the legislative committee of Jordan; . the Pennsylvania State Grange, remonstrating ,agf;tinst the passage A bill (H. R. 4655) granting a pension to Elizabeth C. Rice; of the so-called ship-su Q~y bill unless a corresponding bounty be A bill (H. R. 4681) granting an increase of pension to Elizabeth provided for on the exports of the staples of agriculture; which Keiff; ·· was ordered to lie on the table. A bill (H. R. 4828) granting a pension to Susie E. Johnson; He also presented petitions of the congregations of the First A bill (H. R. 5110) granting an increase of pension to Edward Presbyterian Church, the Methodist Episcopal Church, the First T. Kennedy; Baptist Church, and the First United Presbyterian Church, all of A bill (H. R. 5169) granting an increase of pension to Charles Oakmont; of the Methodist Episcopal Church and the Second Weed; United Presbyterian Church, of Verona; of the congregations of A bill (H. R. 5209) granting an increase of pension to Samuel sundry churches of East Smithfield, and of the Young People's A. Greeley; . • Society of Christian Endeavor of the Third United Presbyterian A bill (H. R. 5211) granting a pension to Lizzie M. Dixon; Church of Pittsburg, all in the State of Pennsylvania, praying for A bill (H. R. 5346) granting a pension to Elizabeth B.-Norris; the enactment of legislation prohibiting the importation, manu A bill (H. R. 5503) granting an increase of pension to Samuel facture, and sale of intoxicating liquors, opium, etc., in Hawaii; Hanson· · · which were ordered fo lie on the table. · A bill' (H. R. 5882) granting an increase of pension to John B. He also presented a memorial of the Federation of Trade Unions Fairchilds; of York, Pa., remonstrating against the passage of Senate bill No. A bill (H. R. 6161) granting an increase of pension to John 3009, regulating electric wiring in the District of Col um bi a; which Landegan; was referred to the Com.mitt.ea on the District of Columbia. A bill (H. R. 6284) granting an increase· of pension to James He also presented a memorial of the Coopers' International Crawley; Union, No. 101, of Allegheny, Pa., remonstrating against the en A bill (H. R. 6304:) granting an increase of pension to James J. actment of legislati9n abolishing the using of revenue stamps for Lyons; one-eighth and one-sixth kegs containing brewed or malt liquors; A bill (H. R. 6885) granting an increase of pension to Horace which was referred to the Committee on Finance. B. Durant; He also presented petitions of the Woman's Christian Temper A bill (H. R. 6952) granting a pension to Canie P. Dale; ance Union of Glen Campbell, the Woman's Christian Temper A bill (H. R. 7322) granting an increase of pension to Frederick ance Union of Smethport, the Epworth League of Smeth!JOrt, of E. Vaner; the pastors of sundry churches of Smethport, and of the congre A bill (H. R. 7445) granting a pension to Emma B. Reed; gation of the Central Presbyterian Church of New Castle, all in A bill (H. R. 7488) granting a pension to John C. Ray; the State of Pennsylvania, praying for the-enactment of legisla A bill (H. R. 7594) granting a pension to Amelia Taylor; tion to prohibit the sale of intoxicating liquors in any post ex A bill (H. R. 7939) to amend an act approved June 10, 1880, change, canteen, or transport, or upon any premises used for mili governing the immediate transportation of dutiable merchandise tary purposes by the United States; which were referred to the without appraisement; · Committee on Military Affairs. A bill (H. R. 8120) granting an increase of pension to David L. Mr. KYLE presented a petition of the Free Methodist Church Wentworth; of Wessington Springs, S. Dak., praying to place in the new code A bill (H. R. 8395) granting an increase of pension to Henry of laws for Hawaii a provision that the importation, manufacture, Johns; and sale of intoxicating liquors, the importation and sale of opium, A bill (H. R. 8610) granting an increase of penMion to Abner S. and that gaming be prohibited; which was 01·dered to lie on the Crawford; and · table. - · A joint resolution (H. J, Res. 216) for appointment of mem Mr. BARD presented a memorial of the Woman's Christian bers of Board of Managers of the National Home for Disabled Temperance Union of Los Angeles, Cal., and a memorial of the Volunteer Soldiers. Woman's Christian Temperance Union of Linden, Cal., remon strating against the sale of intoxicating liquors in Army ca,nteens; PETITIONS AND MEMORIALS. which were refe1Ted to the Committee on Military Affairs. The PRESIDENT pro tempore presented a petition of Bingham He also presented a petition of sundry citizens of Whittier, Cal., Grange, No. 237, Patrons of Husbandry, of Bingham, Me., and and a petiticn of the congregation of the Christian Church of Whit a petition of the W oman'S'"Christian Temperance Union of Bartley, tier, Cal., praying for the enactment of legislation to prohibit the Nebr., praying for the enactment of legislation to prohibit the importation, manufacture, and sale of intoxicating liquors in Ha sale of intoxicating liquors in Army cant.sens, etc.; which were waii; which were ordered to lie on the table. referred to the Committee on Military Affairs. Mr. TALIAFERRO presented the petition of Rev. J. E. Oates, He also presented a memorial of Our Animal Protective League, Fannie L. Benson, and sundry other citizens, on behalf of the of New York City, remonstrating against the adoption of certain Woman Suffrage Association of Florida, praying for the adoption amendments relative to the transportation of live cattle from one of a sixteenth amendment to the Constitution, prohibiting the dis State to another; which was referred to the Committee on Inter franchisement of United States citizens on account of sex; which state Commerce. was referred to the Select Committee on Woman Suffrage. He also preRented the petition of J. W. Richmond, of Geneseo, . Mr. DANIEL presented the petition of Addison M. Davies, of ID., praying for the enactment of legislation to provide rules and New York City, relative to his displacement as an inspector of regulations governing the importation of trees, plants, shrubs, customs, and praying for such action as will secure him the pay vines, cuttings, etc., into the United States; which was referred to ment continuously of his salary as such officer; which was referred the Committee on Agriculture and Forestry. to the Committee on Finance. Mr. PENROSE presented a petition·of sundry citizens of Adams He also presented a petition of the Woman:s Christian Temper County, Pa., praying for the enactment of legislation to provide ance Union of Wright's Chapel, Caroline County, Va., and a pe"ti for the classification of clerks in first and second class post-offices; tion of the Woman's Christian Temperance Union of Concord, V ai., which was referred to the Committee on Post-Offices and Post praying for the enactment of legislation to prohibit the importa- Roads. tion, manufacture, and sale of intoxicating liquors and opium in He also presented a. petition of the congregation of East Liberty Hawaii: which were ordered to lie on the table. Church, of East End, Pittsburg, Pa.~ and a petition of sundry Mr. SEWELL presented a petition of the Christian Endeavor citizens of Carlisle, Pa., praying for the enactment.of legislation Society of the Second Presbyteria~ Church of Rahway, N. J., and to Testrict American traders in the New Hebrides Islands from a petition of the Christian Endeavor Society of Shirley, N. J., selling firearms and intoxicating liquors to the natives; which praying for the enactment of legislation to prohibit the sale of were ref erred to the Committee on Fore1gn Relations. . intoxicating liquorE; in Army canteens and ·in all Government He also presented a petition of the Trades League of Philadel buildings and premises; which were referred to the Committee on phia, Pa., praying for the continuance of the appropriation for Military Affairs. · · the Hydrographic Office of the Navy; which was referred tO the Committee on Naval Affairs. CIVIL GOVERNMENT FOR ALASKA. He also presented a petition of the legislative committee of the Mr. STEWART. I present a mem~rial to the Senate of the Pennsylvania State Grange, Patrons of Husbandry, praying for United States in the matter of a civil government bill for Alaska, the enactment of legislation making oleomargarine and kindred being a brief on behalf of Charles D. Lane and other American imitation products subject entirely to the laws of the Stat.a, etc.; citizens, owners of mining · claims in Alaska. I should like to which was referred to the Committee on Agriculture and Forestry. have an order to -print it, so that we can all have it. It is short. He a1so presented a memorial of sundry citizens of Lancaster, The PRESIDENT pro tempore. Printed in the RECORD or as Pa., ~emonstra.ting against t~e enactm~nt o~ legislation extending a document? the trme for confinement of live stock m therr transportation from Mr. STEWART. Let it lie on the table. one State to another; which was referred to the Committee on In The PRESIDENT pro tempore. Does the Senator wish to have terstate Commerce. it printed in the RECORD or as a docu.ment? . 3828 CONGRESSIONAL RECORD-SENATE. APRIL 6,

Mr. STEWART. Oh, as a document; not in the RECORD. the duties of the Chair, but such substitution shall not extend beyond ad· The PRESIDENT pro tempore. Is there objection to the re journment, except by unanimous consent. quest of the Senator from Nevada? The Chair hears none, and it The PRESIDENT pro tempore. Ia there objec'tion to the pres is so ordered. · ent consideration of the proposed rule? The Chair hears none. Mr. HANSBROUGH subsequently said: M:r. President: this Mr. JONES of Arkansas. Wherein does the proposed ru!ediffer morning the Senator from Nevada [Mr. STEWART] secured unani from the present rule? -- __ .. -- mons consent of the Senate for the printing of a document-a Mr. SPOONER. It differs in this respect, that under the pres memorial to the Senate of the United States in the matter of a ent rule the President pro tempore has a i·ight to name in open civil government for Alaska. I desire to present a document, and Senate, or, if absent, in writing, a Senator to perform the duties ask unanimous consent that it may be printed in connection with of the Chair. That is a day appointment. The proposed rule the memorial presented by the Senator from Nevada. This docu provides that in the case of the death of the Vice-President the ment ie a statement of the pl'esident of the Law and Order League President pro tempore may in writing name a substitute presiding at Council City, Alaska. It is a copy of a memorial addressed to officer for so many days, and that Senator, if he is ill or absent, the President of the United States, and contains some very inter may make an appointment to hold one day, except by unanimous esting facts concerning affairs in that Territory. I ask that it be consent. printed. Mr. JONES of Arkansas. I think the changeawise one. Thia The PRESIDENT pro tempore. The Senator from North Da is the report of the committee? kota. asks unanimous consent that the paper which he sends to the Mr. SPOONER. Yes, sir. desk may be printed with the memo1ial which was ordered printed The PRESIDENT pro tempore. The question is on agreeing to at the request of the Senator from Nevada [Mr. STEWART]. Ia the resolution. there objection? The Chair hears none, and it is so ordered. The resolution was agreed to. REPORTS OF COMMITTEES. CORRECTIONS OF THE JOURNAL. Mr. KYLE. I am directed bythe Committee on Indian Affairs Mr. BACON. I am directed by the Committee on Rules to re to present a paper as a part of Senate Report No. 693, on the bill port back favorably the resolution relative to the correction of (S.161) t-0 ratify and confirm an agreement with the Turtle Moun errors in the Journal. The resolution was introduced by the senior tain band of Chippewa Indians, in the State of North Dakota, and Senator from Massachusetts [Mr. HOA.R], and I ask that it may to make appropriation for carrying the same into effect. It is an lie on the table until his return, he now being absent. argument by John B. Bottineau, and is to be printed as a part of The PRESIDENT pro tempore. The resolution will be read. and attached to the report of the committee already printed. The i·esolution, submitted by Mr. HOAR February 16, 1900, was The PRESIDENT pro tempore. Without objection, it is so i·ead, as follows: ordered. . Resolved, That when on any day the reading of the Journal or of any part; Mr. KENNEY, from the Committee on the District of Colum thereof shall be dispen£ed with, it shall be iu order fo1· any Senator, when bia, to whom was referred the bill (S. 2393) for the relief of Joseph the Journal shall be read on any.subsequent day, to call attention to any error S. Boss, submitted an adverse report thereon, which was agreed th~rein, and to propose any correction thereto. to; and the bill was postponed indefinitely. The PRESIDENT pro tempore. The resolution will be printed. Mr. THURSTON, from the Committee on Indian Affairs. to The Senator from Georgia asks that it lie on the table'! whom was referred the bill (S. 3415) to regulate the collection Mr. BACON. Until the i·eturn of the senior Senator from and disbursement of moneys arising from leases made by the Massachusetts. Seneca Nation.of New York Indians, and for other purposes, re The PRESIDENT pro tempore. The resolution will lie on the ported it without amendment, and submitted a report thereon. table. Mr. PETTIGREW, from the Committee on Indian Affairs, to BILLS INTRODUCED. whom was referred the bill (S. 2493) authorizing and directing the Secretary of the Interior to issue patents for land in certain Mr. PRITCHARD introduced a bill (S. 404:1) granting a pension cases, reported it without amendment, and submitted a report to J. Lavenia Childs; which was read twice by its title, and re thereon. ferred to the Committee on Pensions. Mr. WARREN, from the Committee on Military Affairs, to He also introduced a bill (S. 4042) for the relief of M. L. Cline; whom was referred the bill (S. 394) for the recognition of the which was read twice by its title, and referred to the Committee military service of the officers and enlisted men of certain Penn on Claims. sylvania military organizations, submitted an adverse report He also introduced a bill (S. 4043) to correct the military record thereon, which was agreed to; and the bill.was postponed indefi of William Pritchard; which was read twice by its title, and with nitely. the accompanying papers, referred to the Committee on Military Mr. SEWELL, from the Committee on Military Affairs, to whom Affairs. . were referred the following bills, submitted adverse reports Mr. PETTUS introduced a bill (S. 4.044) to provide for the ap· thereon, which were agreed to; and the bills were postponed in- pointment of dental surgeons for service in the United States definitely: . Army; which was read twice by its title, and referred to the Com· A bill (S. 881) for the relief of Henry Halteman; and mittee on 1\lilitary Affairs. · A bill (S. 3328) to authorize the President to appoint and retire Mr. MONEY introduced a bill (S. 4045) for the relief of the es· Richard Henry Savage with the rank and grade of major. tate of James C. Mosby, deceased; which was read twice by its Mr. ALLI~ON. I report back from the Committee on Appro title, and referred to the Committee on Claims. priations with amendments the bill (H. R. 9139) making appro Mr. PENROSE introduced a bill (S. 4046) to correct the mill· priations to provide for the expenses of the government of the tary record of John Frederick; which was read twice by its title, District of Columbia for the fiscal year ending June 30, 1901, and and referred to the Committee on .Military Affairs. for other purposes. Mr. FOSTER (by request) introduced a bill (S. 4047) for the I desire at this time to give notice that at the earliest practicable protection of the public health; which was read twice by its title, moment I wish to call up the bill for consideration. I present and referred to the Committee on Manufactures. with the bill a written report. which I ask may be printed. Mr. McMILLAN introduced a bill (S. 4048) to amend an act The PRESIDENT pro tempore. Under the rule the report will "Regulating the inspection of fl.our in the District of Columbia," be printed, and the bill will be placed on the Calendar. approved December 21, 1898; which was read twice by its title, Mr. FAIRBANKS, from the Committee on Public Buildings and referred to the Committee on the District of Columbia. Mr. SHOUP (by request) introduced a bill (8. 4049) to authorize and Grounds, to whom was referred the bill (S. 943) to provide the Shreveport and Red River Valley Railway Company to build for the erection of a public building in the city of Great Falls, and maintain a railway bridge across Red River at or near the Mont., reported it with an amendment, and submitted a report town of Alexandria, in the parish of Rapides, State of Louisiana; thereon. which was read twice by its title, and referred to the Committee .NA~G OF A PRESIDING OFFIOER. on Commerce. Mr. SPOONER. I am instructed by the Committee on Rules Mr. DANIEL. (by request) intr?duced. a bill (S. 4050) for t?e to report an amendment to Rule I, and I ask unanimous consent relief of Mrs .. Ehzabeth E. Goodwm; which was read tWlce by1ts that it be acted upon at this time. title, and referred to the Committee on Claims. The PRESIDENT pro tempore. The proposed amendment will Mr. ELKINS introduced a bill (S. 4051) to authorize the Ohio be read to the Senate for itci information. Valley Electric Railway Company to construct a bridge over the The Secretary read as follows: Big Sandy River from Kenova, W. Va., to Catlettsburg, Ky.; Reported by Mr. SPOONER, from the Commitee on Rules, to the Standing which was read twice by its title, and referred to the Committee Rules of the Senate. on Commerce. RULE I. AMENDMENTS TO BILLS. ART. 4. In event of the death of the Vice·President the President pro tem APPROPRIATION pore shall have the ri~}?.t to name, in writing, a. Senator to perform the duties Mr. LODGE submitted an amendment fixing the rank and pay of the Chair during nis v.bsence; and the Sena.tor so named shall have the right to n.ame in open session, or in writing if absent. a Sena.tor to perform of the Adjutant-General of the Army. intended to be proposed b)'

• 1900. CONGRESSIONAL RECORD-SENATE. 3829

him to the Army appropriation bill; which was referred to the The Secretary read the bill, and, by unanimous consent, the Committee on Military Affairs, and ordered to be printed. Senate, as in Comniittee of the Whole, proceeded to its considera He also submitted an amendment fixing the rank and pay of the tion. Commanding General of the Army, intended to be proposed by The bill was reported to the Senate without amendment, ordered him to the Army appropriation bill; which was referred to the to a third reading, read the third time, and passed. Committee on Military Affairs, and ordered to be printed. INDIAN APPROPRIATION BILL, Mr. WARREN submitted an amendment proposing to appro priate $70,000 for continuing work of constructing quarters and Mr. LODGE. Mr. President- other improvements at Fort D. A. Russell, Wyo., intended to be Mr. THURSTON. I will yield in a moment to the Senator from proposed by him to the sundry civil appropriation bill; which was Massachusetts, but I now move that the Senate proceed to the referred to the Committee on Appropriations, and ordered to be consideration of House bill 7433, the Indian appropriation bill. printed. . Mr. PENROSE. I suggest to the Senator to ask unanimous Mr. SEWELL submitted an amendment proposing to increase com~ent for the consideration of the measure. There will be no the salary of the chief clerk at Army Headquarters to $1,800 per opposition to that course. annum, intended to be proposed by him to the Army appropria Mr. THURSTON. Very well. tion bill; which was ordered to be printed, and, with the accom The PRESIDENT pro tempore. The Senator from Nebraska panying papers, referred to t~e Committee on Military Affairs. asks unanimous consent that the Senate proceed to the considera tion of the bill (H. R. 7433) making appropriations forthe current THE FINANCIAL BILL, and contingent expenses of the Indian Department and for fulfill On motion of Mr. COCKRELL, it was ing treaty stipulations with various Indian tribes for the fiscal year Ordered, That there be print.ed for the use of the Senate 3.000 additional ending June 30, 1901, and for other purposes. Is there objection? copies of the act to define and fix the standard of valne, to maintain the par ity pf all forms of money issned or coined by the United Stat.es, to refund The Chair hears none. the public debt, and for other purposes," approved March H, 1900, said cop Mr. THURSTON. Now I yield to the Senator from Massachu ies to be delivered to the Senate document room. setts. READJUSTMENT OF POSTMASTERS' SALARIES IN PENNSYLVANIA. CAPE COD LIGHT, MASSACHUSETTS. Mr. PENROSE submitted the following resolution; which was Mr. LODGE. I ask unanimous consent for the present consid refened to the Committee on Post-Offices and Post-Roads: eration of a bill of only three lines, and it is very important to Resolved, That the Postmast.er-General be, and he hereby is, directed to c-ommerce. It is the bill (S. 2883) to change the characteristic of report upon a schedule to the Senate the readjusted salaries of all postmas Cape Cod light, Massachusetts. ters who served in the State of Pennsylvania between July l, 1864:, and July There being no objection, the bill was considered as in Com 11 1874. whese names as claimants appear in the Court of Claimsin the case en titled Robert Peysert and others vs. The United States, No.18115, en.ch snch mittee of the Whole. It directs the Secretary of the Treasury to atated account to conform in all respects to the order of the Postmaster General published by circular under date of June 9, 1883, and to the require change the characteristic of Cape Cod light, situated at North ment of the act of March3, 1883, as said requirement was pnblished by the Post Truro, Mass., from a fixed white to a flashing white light, at a master-General in the newspapers of the conntry nnder date of February 17, cost not exceeding $15,000. 18&!, and with such report transmit to the Senate a full copv of the text of The bill was reported to the Senate without amendment, ordered the construction by the Postmaster-General nf the act of March 3, 1883, em bodied in the said circular and publication in the newspapers, and in circnlar to be engrossed for a third reading, read the third time, and passed. form No.1223, the text of each of which, nnder date of November 8, 1897, was transmitted by the Postmaster-General to the Attorney-General for nse in PERSONAL EXPLANATION. the case of Jane Yarrington and others vs. The United States, No.16345. Mr. PETTIGREW. Yesterday morning, Mr. President, I re PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA. ferred in some remarks which I made to an Associated Press dis· The PRESIDENT pro tempore. Morning busjness is closed, patch, as I supposed, but I am credibly informed that the dispatch and the Chair lays before the Senate a resolution which will be was not an Associated Press dispatch, which purported to come read. from Cuba, and therefore I make this correction. Neither did I The Secretary read the resolution submitted yesterday by Mr. in my remarks intend to cast any reflection upon the representa GALLINGER, as follows: tives of the Associated Press who report the proceedings of the Resolved, That the Committee on the District of Colombia be instructed to Senate. I believe they are honorable men and undertake to and inquire and report to the Senate whether any teacher in the public schools do ascertain the truth and report correctly. of the District has been censured or taken to task by a superior officer on ac count of the testimony given by snch teacher during the recent investiga However, the remainder of my remarks with regard to the As· tion of the pnblic schools. sociated Press I reiterate, for I believe they are true; that is, that Mr. GALLINGER. Mr. President, while I should beveryglad this association does employ irresponsible and untruthful men in · to have the resolution passed this morning, I observe that the many instances, where they make n-0 effort to ascertain the truth Senator from Illinois [Mr. MA.soN], who objected to it yesterday, of the statements which these people make; that this is prevalent is not in the Chamber,. and I ask unanimous consent that it may in very many localities, and that it is a discredit to a very great go over until to-morrow, not losing its place. extent to the news gathered by this great association. I believe The PRESIDENT pro tempore. The Senator from New Hamp also those representatives or reporters in many instances allow shire asks unanimous consent that the resolution shall lie on the their opinions to be biased and their opinions to affect the news table without losing its place. Is there objection? The Chair which they gathbr and give it a color and give it a tone which hears none. they think will satisfy their prejudices and the prejudices of the SENATOR FROM PENNSYLVA?-.'IA., great newspapers that are in this combination, and it is a combi nation, and it is a combination largely to deceive the American Mr. NELSON. If the morning business is closed-- The PRESIDENT pro tempore. The morning business is ~~ . closed. The Chair will lay before the Senate a resolution and HOUSF. BILL REFERRED. will then recognize the Senator from Minnesota. The resolution The bill (H. R. 10449) making appropriations to supply urgent will be read. deficiencies in the appropriations for the fiscal year ending June · The Secretary read the resolution reported from the Committee 30, 1900, and for other purposes, was read twice by its title, and o:q Privileges and Elections January 23, 1900, as follows: referred to the Committee on Appropriations. Resolved, That the Hon Matthew S. Quay is not entitled to take his seat in this body as a Senator from the State of Pennsylvania. SETTLERS ON NAVAJO INDIAN RESERVATION. Mr. THURSTON. Mr. President-- The PRESIDENT pro tempore laid before the Senate the action The PRESIDENT pro tempore. Does the Senator rise to morn of the House of Representatives disagreeing to the amendments of ing business? the'Senate to the bill (H. R. 4001) authorizing the adjustment of Mr. THURSTON. I desire to make a statement. rights of settlers on the Navajo Indian Reservation, Territory of The PRESIDENT pro tempore. The Senator from Minnesota Arizona, and requesting a conference with the Senate on the dis was recognized to make a request. agreeing votes of the two Houses thereon. Mr. STEWART. I move that the Senate insist on its amend MISSISSIPPI RIVER DAM. ments and agree to the conference asked by the House of Repre Mr. NELSON. I ask unanimous consent for the present con sentatives. sideration of the bill (H. R. 9713) permitting the building of a The motion was agreed to. dam between Coon Rapids and the north limits of the city of By unanimous consent, the President pro tempore was author Minneapolis, Minn., across the Mississippi River. ized to appoint the conferees on the part of the Senate; and Mr. Mr. THURSTON. I shall not object to the unanimous consent STEWART, Mr. SHOUP, and Mr. MCLAURIN were appointed. as to this bill, nor will I object to the Senator from :Mississippi [Mr. SULLIVAN] proceeding with an argument in the Quay case, PRESIDENTIAL APPROVAL. but I shall ask the Senate as soon as that is concluded to take up A messagefrom the President of the United States, by Mr. 0. L. the Indian appropriation bill. PRUDE.J.~, one of his secretaries, announced that the President had The PRESIDENT pro tempore. The bHl indicated by the Sena on the 5th instant approved and signed the act (S. 739) for the t01; from Minnesota will be read. .. relief of the estate of George W. Lawrence, 3830 CONGRESSIONAL RECORD-SENATE. APRIL 6, .

aroux CITY L~D PACIFIO RAILWAY COMPANY. - governor is elected by the people, just as arn the members of the Mr. THURSTON. I yield to the Senator from Iowa [Mr. GEAR] legislature, and generally both are elected at the same time and temporarily. by practically the same vote. Both should be equally in touch :Mr. GEAR. I ask leave for the consideration of the bill (S. with the sentiments of the people. 1291) authorizing the settlement and adjustment with the Sioux ·'Precedent/' as was well said a few days since by the Senator City and Pacific Railway Company of itfl indebtedness to the from Nebraska, "is usually resorted to when there is no locnc to United States. sustain the contention of the person refening to the prec;dent. The Secretary read the bill. When neither reason nor logic sustain a position, one falls back Mr. MORGAN. In the absence of the Senator from Kansas upon prececlent." While as a lawyer I understand the ·usual fMr. HARRISj, I can not consent that the bill shall come up ;:tt force and effect given to precedents, yet we even have cases where this time. the same Supreme C::mrt, upon similar states of fact, reverses it- The PRESIDENT pro tempore. Objection l.s made. self-sets aside a precedent establistecl for years. If the prece dent is wrong, the sooner it is departed from the better. It should l.NDIAN APPROPRIATION BILL. never have a controlling effect, but mjght be persuasive. I am of The Senate, as in Committee of the Whole, proceeded to con opinion that the proper construction of the Constitution is that sider the bill (H. R. 7433) making appropriations for the current which gives the governor the right to keep each State's qnota of and contingent expenses of the Indian department and for fulfill Senators filled when the legislature iai1s to elect. It has been said ing treaty stipulations with various Indian tribes for the fiscal that If the legislature bas had the opportunity the governor can year ending June 30, 1901 ! and for other purposes which had been not appoint. This is a curious position to take. If one of the two reported from the Committee on IndianAffairswithamendments. agencies of the people fails to discharge its duty, that that shall _fr. THURSTON. I understand that the Senator from Missis have the effect of completely dest.roying the interests of the peo sippi [Mr. SULLIVAN] desires to speak to the Quay resolution this ple, which would be subserved by the exercise of the appointing morning, and if he does I am willing to yield to him for tbat power by the other agency. purpose. Believing, as I do, that this broader construction of the Consti-' Before yielding to the Senator, I ask unanimous consent that tution is the proper one, I shall vote against the majority resolu the formal reading of the bill be dispensed wiLh , and that on the tion and in favor of seating Senator Quay. .. reading of the bill the committee amendments be first considered THE LA. ABRA AW ARDS, and acted upon. The PRESIDENT pro tempore. The Senator from Nebraska The PRESIDENT pro tempore laid before the Senate the fol asks unanimous consent that the formal reading of the bill be di lowing message from the President of the United States; which pensed with, that it be read for amendment, and that the ame was reacl, and, with the accompanying papers, ordered to lie on ments of the committee be first acted upon. ls there objec · - the table and be printed. The Chair hears none, and it is so ordered. · To the Senate and House of Represzntatii:es: By tho act of Congress approved December 2 . 1 92, a. copy of which is an SENATOR FROM PENNSYLVANJA. nexed, the Attorney-General of the United States "is authorized and directed to bring suit in the Court of Claims against La Abra Silrnr Mining Company, The Senate resumed the consideration of the resolution orted its successors and ac;si'n)s, and all per3ons makiug any claim to the award or any part thereof in this act mentioned, to determine whether the award from the Committee on Privileges and Elections, declaring that made by the United 8tates and Mexican Mixed Commission in respect to the Hon. Matthew S. Quay is not entitled to a seat in the Senate from claim of the S!lirl La Abra Silver Mining Company was obtajned. as to the the State of Pennsylvania. whole sum included therein or as to any part thereof, by fraud effectuated Mr.SULLIVAN. Mr. President, I desire to submit briefly my by means of false swearing or other false and fraudulent practices on the part of tho said La Abra Silver Minfag Company, or its a~ents, attorneys, or views on the present case. I have carefully read both the report assigns; and, in case it be so determined, to bar and forec10se all claim in law of the majority and of the minority of the Committee on Privi or equity on the part of said La Abra Silver Mining Company, its legal repre leges and Elections with respect to the se1ting of Senator Quay as sentatives or ass1g-ns, .to the money, or any such part thereof, received from the Republic of.Mexico for or on account of such award." a member of this body. I am absolutely clear in my mind as to In pm·suance of the provisions and powers of this act. the Attorney the correct view-the one taken by the minority. The report of General did, on behalf of the United Hates, bring snit in the Court of Claims the majority rests almost entfrely upon the precedents in such against La Abra Silver Mining Company et al; and on June 2·t 1897, that court decided that the award made by the United States and Mex.ican Mixed cases. The minority report criticises t.hese precedents and rests Commis ion in favor of said La Abra Silver Mining Company was obtained upon t}\e broader ground of a liberal and natural construction of by fraud and a decree was rendered barring and foreclosing all claim on the the Constitution. TJart of said company. its agents, attorneys, or assigns to the money re ceived from the Republic of Mexico on account of said award. A copy of It eeems to me that it was never intended by the framers of the this decision is herewith transmitted. Constitution that a State should be without full representation in The Supreme Court of the United States, on appeal. having affirmed in the Senate. That is the only safeguard which a small State has full tho decision of the Court of Claims, the Secretary of State, in accordance with section 4 of the act referred to and the judicial proceedings above re as against the power and influence of a great State with many cited, and acting under my direction, on March 28, 1!)00. turned over to the Representatives in Congress. Rhode Island, scarcely larger than ambassador of the Republic of Mexico at Washington the balance. amount a county, under the Constitution, is entitled to two Senators. The ing to $400,030.03, r emaining under the control of the Department of ::>tate of the sum p3.id by the Government of Mexico on account of La Abra a.ward. Empire State of New York and the great State..of Texas are enti I transmit a copy of the Secretary of State's note of transmittal, as well as tled to no more. In the very nature of the thing I do not believe a translation of the ambasaador·s cordial note of acknowledgment. it was contemplated that a vacancy should continue in the Senate It affords me pleasure to communicate to Cor:gTPss the accomplishment of this act of equity and good faith toward a friendly Republic. from any one of the States. It is a very narrow construction of WILLIAM McKINLEY. the Constitution which holds that if a vacancy happens during a EXECUTIVE MANSION, session of the legislature, and the vacancy is not filled by th~ leg Washington, April 6, 19XJ. islature, that the State must go unrepresented. INDIAN APPROPRIA. TIO. BILL. Suppose that at the very last hour of a session of the legislature a memb2r of the Senate should die and the fact of such death was The Senate, as in Committee of the Whole, resamed the con not known until after adjournment. Would it not be regarded sideration of the bill (H. R. 7433) making appropr;ations for the as an extraordinary construction to hold that, because the death current and contingent expenses of the Indian Department and occurred in the last ntt>ments of the session of the !egislature, the for fulfilling treaty stipulations with various Indian tribes for the governor couh1 not appoint and the vacancy must continue until fiscal year ending June 30, 1901, and for other purposes. the next session of the legislature! It may be said that this is an The Secretary proceeded to read the bi11. extreme way to put it. Still, if the argument of those adopting The first amendment of the Committee on Indian Affairs was, the narrow construction is true, then the governor would ·not under the head of ''Current and con tin gent expenses," on page 2, have the power to appoint, and a vacancy would follow. There line 2, to reduce the number of agents of Indian. affairs from might be pending in the Senate of the United States questions of 51 to 50. the most vital importance to that particular State where the va The amendment was agreed to. cancy bad occurred, and yet that State would be unable to protect The next amendment was, on page 4, after line 2, to insert: itself became of the narrow consfruction contended for. At the Mission Tule River Agency, Cal, $1,600. I believe that whenever and however a vacancy in the Senate The amendment was agreed to. may occur, i:rthe legislature of the State fails to elect, on adjourn The next amendment was, on page 4, after line 8, to insert: ment of the legislature the governor could and should appoint (a At the Nez Perces Agency, Idaho, Sl,600. vacancy then happens to exist during ths vacation of the legisla The amendment was agreed to. ture), such appointment to hold until the meeting of the next The next amendment was, on page 5, after line 4, to strike out: legislature, and thus the rights and interests of the State would At the Quapaw Agency, Ind. T., $1,400. be protected. It has been said that the reason why the framers of the Constitution intended that the legislature only should fill The amendment was agreed to. vacancies, except where the vacancy happened between sessions I The next amendment was, on page 5, after line 8, to strike out: of the legislature. is that the legislature more directly and closely At the Sac and Fox Agency, Iow:l, $1,000. i·epresents the wishes of the people. I do not agree to this. The The amendment was agreed to. .. 1900. CONGRESSIONAL RECORD-SENATE. 3831

The next amendment was, on page 5, after line 19, to strike out: ton Agency, on page 5, without objecti0n, will be passed over. At the Sisseton Agency, S. Dak., $1,500. There is another amendment, changing the footing-- Mr. PLATT of Connecticut. Where? T]J.e amendment was agreed to. The PRE8IDENT pro tempore. A change of the general result The next amendment was, on page 6, line 16, to reduce the to of the appropriations for agencies in line 16, on page 6. tal appropriation for pay of 50 agents of Indian affairs at the Mr. PLATT of Connecticut. That will be dependent on the different agencies from $79,100 to $78,600. adoption of the amendments on page 5. Mr. PETTIGREW. Mr. President, are the committee amend Mr. THURSTON. Mr. President, I ask that, after the comple ments being disposed of as we go along with the reading of the tion of the bill, the Secretary may be authorized to correct the bill? totals wherever it may be necessary. The PRESIDENT pro tempore. They are. · The PRESIDENT pro tempore. Without objection, that order Mr. PETTIGREW. What was done with the amendment on will be made. page 5, lines 20 and 21, which I see are proposed to be stricken The reading of the bill was resumed. The· next amendment of out? They read: the Committee on Indian .Affairs was, on page 7, line 12, after the At the Sisseton Agency, S. Dak., $1,500. word " works,'' to stTike ont- and one of whom may be located by the Secretarr. of the Interior in the Indian Is thatamendment simply passed over, or has it been disposed of? Territory. and under his direction and authority may perform any duties The PRESIDENT pro tempore. It has been ag1·eed to; but it required by law of said Secretary in said Territory; will be regarded as an open question if the Senator so desires. So as to make the clause read: l\fr. PETTIGREW. I think I should li.ke to have that amend For pay of eight Indian inspectors, one of whom shall be an engineer com ment go over for the present undisposed of, simply leaving it an petent in the location, construction, and maintenance of il'rigation workS, at open question; for I think I shall not be able to agree to that $2,500 per annum each, $2(),000. amendment proposed by the Committee on Indian Affairs. There The amendment was agreed to. is no good reason, so far as I know, why the Sisseton .Agency should The next amendment was, on page 8 line 2, after the word be abolished; at least, if there is, I want the committee to give the "dollars," to insert the following proviso: reason for doing it. . Proi'ided, That the accounting officers of the Treasury are hereby auJ;hor· Mr. THURSTON. Mr. President, I am entirely willing that ized to allow per diem pay to the inspector who was located in the Indian the amendment shall be passed over for the present, but the rea Territqry under orders and directions of the Secretary of the Interior during son for dropping that agency was on the statement of the Com the fiscal years 1899 and 1900. missioner of Indian Affairs that it was no longer necessary to have The amendment was agreed to. an agency at that point for those Indians. The next amendment was, on page 10, line 21, after the word The PRESIDENT pro tempore. Does the Chair understaud "dollars," to insert: Of which sum an amount not to exceed $300 may be paid for the rent of an that the amendment is to be passed over for the present? office for said commission; and the sums heretofore paid from annual appro .Mr. THURSTON. I am entirely willing, as we go along, to priations for the expenses of the said commission for office rent, authorized pass over any of the amendments which will lead to discussion~ by >ote of the commission. are hereby legalized, and these payments, to gether with the payments for rent of an office in the current fiscal year, so that they may b~ considered after the reading of the bill shall shall he allowed by the accounting officer of the Treasury Department; have been concluded. The PRESIDENT pro tempore. The Senator from South Da So as to make the clause read: kota [Mr. PET.:l'IGREW] asks that the amendment of the committee For expenses of the commission of citizens, serving without compensation, appointed by the President under the provisions of the act of April 10, 1869. striking out lines 20 and 21, on page 5, may be passed over for the SUlOO. of which sum an a.mount not to exceed $300 may be paid for the rent of present. an office for said commission; and the sums heretofore paid from annual ap propriations for the expenses of the said commission for office rent, author Mr. JONES of .Arkansas. What amendment is that? ized by vote of the commission, are hereby legalized, and these payments, The PRESIDENT pro tempore. The amendment striking out together with tbe payments for rent of an office in the current fiscal year, the appropriation for an agent for the Sisseton Indians. . shall be allowed by the account1ng officer of the Treasury Department. Mr. PETTIGREW. I am perfectly willing to have the amend The amendment was agreed to. ment disposed of now if the committee desire to do so. I simply The next amendment was, on page 11, after line 4, to insert: .want to know the reasons why this agencyshould be dropped out. The accounting officers of the Treasury Department are hereby author I was a member of the su~committee who had charge of the bill, ized and directed to allow, in the accounts of Charles D. Rakestraw, supor but !'was sick when this recommendation was made. I was pres visor of Indian schools, for the fom·th quarter of the fiscal year 1897, and for ent when the bill was afterwards called up in committee, but I the first, second, and third quarters of the fiscal year 1898, the sum of S1C8 am not satisfied with the reasons given for the proposed change. expended by him for sleeping-car fares while traveling under orders. Mr. JONES of .Arkansas. The reason given by the Commis The amendment was agreed to. sioner of Indian Affairs for striking out the provisions for agents The next amendment was, under the head of" Fulfilling treaty at the Quapaw, the Sac and Fox, and the Sisseton agencies was stipulations with and support of Indian tribes," on page 11, line that they were n9t needed; that the agents bad no service to per 23, after the word "reservation," to strike out "during the pleas form except to pay out certain money to be distribµted under the ure of the President;" on page 12, line 1, after the word "~ixty treaties. That could be just as well done by any other officer of seven," to insert "if directed by the President;" and in the same the Government as tp keep agents at those agencies for that one line, after the word ''dollars," to strike out ''in all, $5,000;" so as purpose. to make the olause read: If one of these amendments is passed over, I think they all ought For support of a school or schools upon said reservation, in accordance with third article of treaty of March 19, 1867, if directed by the President, to be passed over, that they all ought to be treated alike, for the $!,000. committee recommended the striking of them all out for the same reason. The amendment was agreed to. Mr. PETTIGREW. I wish to say, in reply, that at the Sisseton The next amendment was, under the head of "Choctaws," on .Agency there are about 1,700 Indians, I think, that have lands in page 13, after line 11, to insert: · . To carry out the provisions of section 29 of the a.ct of Congress approved severalty, but we have laws which restrict the leasing of their June 28, 1898, under the title "orphan -lands," $2,696.40, the said 'sum to be lands; and those laws provide that if any lease is made, it must be p_laced to the credit of the Choctaw orphan fund in the Treasury of the approved by the agent. Who is going to approve a lease or to United States, and to draw interest at 5 per cent per annum, this amount take charge of the leasing of six or eight hundred thousand acres being the value of 2,157.12 acres of land, being the unsold Choctaw orphan lands in the State of Mississippi, which lands, under the provisions of said of land if the agency is abolished? That is the question I want section 29, were taken by the United States at $1.25 per acre. answered. The lands can not be leased without the leases being The amendment was agreed to. approved by the agent, who is supposed to be there to protect the The next amendment was, on page 15, after line 7, to strike out~ Indians, as we have laws which prevent the Indians from con ducting their own business. Unless that question is answered I COLUMBI.A.S AND COLVILLES. can not see why that agency should be abolished. For employees, as provided in agreement of July 7, 1883, ratified by the act The PRESIDENT pro tempore. The question is on agreeing to of July 4, 1884:, $6,000. the amendment. Mr. TELLER. I want to ask the chairman of the committee Mr. JONES.of .Arkansas. I thought the proposition was that why that amendment is proposed? the amendment should go over for the present. I think all three :Mr. THURSTON. That amendment was proposed by the com of these amendments ought to be treated alike. One ought not to mittee on the report of the Commissioner of Indian .Affairs that be disposed of unless the others are; and if further information that appropriation is no longer necessary; that any expenditures can be had before the Senate takes action on the amendments~ it of that character which are necessary he can take care of out of seems to me that would be the proper course. funds otherwise appropriated in the bill. Mr. PLATT of Connecticut. Let those three amendments be The PRESIDENT pro tempore. The question is on agreeing to passed over for the present. the amendment of the committee, which has been stated. The PRESIDEN'l' pro tempore. The three amendments, relat The amendment was agreed to. • ing to the Quapaw Agency, the Sac and Fox .Agency, and the Sisse- The reading of the bill was resumed. The next amendment of 3832 CONGRESSIONAL RECORD-SENATE. APRIL 6, the Committee on Indian Affairs was, under the head of ''Crows," tant that there should be an opportunity to lease the land; for in on page 17, after line 2, to strike out: stance, an old man, an infant, or some one disabled. This seems For pay of physician, per tenth article of same treaty, $1,200. to be confined to that. The amendment was agreed to. By reason of age, disability, or inability. The next amendment was, on page 17, after line 4, to strike out: Now, that, of course, means the disability or inability of the For pay of carpenter, miller, engineer, farmer, and blacksmith, as per tenth party himself to work the land. If the Department should con4 nrticlo of same treaty, $3,300. strue it to apply to a disposition not to work the land, that would The amendment was agreed to. be a different thing. . The next amendment was, on page 17, after line 7, to strike out: Mr. PLATT of Connecticut. I believe this provision which is For pay of second blacksmith, and iron and steel, as per eighth article of stricken out is a reenactment of the present law, word for. word, same treaty, $1,500. · except tnat it extends the term of three years to five years. That The amendment was agreed to. . was the only object of the provision. The next amendment was, on page 17, line 12, before the word Mr. TELLER. Oh. "furnish," to str]ke out "This amount, or so much thereof as Mr. PLATT of Connecticut. That is the way I understand it. may be necessary, to" and insert "To;" in line 14, before the Mr. TELLER. I was under the impression that in the Indian word "thousand," to strike out "thirty" and insert "fifteen;" bills we had had that provision. If that is all, I certainly do not in the same line, after the word "dollars," to insert "but no part object. of this fupd shall be available except by the direct order of the lUr. THURSTON. The existing law permits leasing for three Secretary of the Interior;" and in line 16, before the word "thou years. sand," to strike out "sixty-six" and insert "forty-'five;" so as to Mr. TELLER. Three years? make the clause read: Mr. PLATT of Connecticut. Three vears. To furnish such articles of food as from time to time the condition and Mr. TELLER. I do not object to the amendment. necessities of the Indians may require, ..,15,000; but no part of this fund shall The PRESIDING OFFICER (Mr. GALLINGER in the chair). be available except by the direct order of tile Secretary of the Interior; in The question is on agreeing to the amendment reported by the all, $45,000. Committee on Indian Affairs. The amendment was agreed to. The amendment was agreed to. The reading of the bill was continued to the end of line 24, on The reading of the bill was resumed. The next amendment of page 18. · the Committee on Indian Affairs was, on page 23, after line 8, to Mr. THURSTON. I am directed by the committee to move an strike out: . . amendment to come in at the end of line 24, on page 18. I send QUAPAWS. · the amendment to the desk. For education, during the pleasure of the President, per third article of The PRESIDENT pro tempore. The amendment will be stated. treaty of May 13, 1833, $1,000; for blacksmith and assistants, and tools, iron, and st.eel for blacksmith shop, per same article and treaty, $500; in all, $1,500: Pro· The SECRETARY. After the word" dollars," at the end of line vided, That the $1,000 of this amount, or so much thereof as ma:y be necessary, 24, on page 18, it is proposed to insert: shall be expended. under the direction of the Secretary of the Interior, for the And to enable the Secretary of the Interior to anticipate five installments, support and maintenance of three or more public schools on the Quapaw third series, same agi·eement, $12,000; in all, $15,000. Reservation, a.t such place as may be provided by the Quapaw Nation: And prnvided, That the present industrial school on said reS"ervation shall be con· The amendment was agreed to. solidated with the .Seneca Industrial School at Wyandotte, in the Quapaw The reading of the bill was resumed. The next amendment of Agency: Andprovided, That the building and furniture now used for school purposes at the present Industrial Quapaw School, except i,iuch as may be the Committee on Indian Affairs was, on page 19, after line 18, to required for the consolidated school at Wyandotte, shall be turned over to strike out: the Quapaw Nation by the Secretary of the Interior for the use of schools NEZ PERCES. on the Quapaw Reservation: And provided, That such of said buildings as For salaries of two matrons to take charge of the boarding schooli;, two may not be required for a public school, wliere they now stand, mav be re assistant teachers, one farmer, one carpenter, and two millers, per fifth arti moved by said nation to soitable~places on said reservation, and $500 of the cle of treaty of June 9, 1863, $6,000. amount hereby appropriated shall be turned over to the Quapaw Nation to pay for the removal and repairing of said buildings. The amendment was agreed to. The next amendment was, under the head of "Northern Chey Mr. COCKRELL. I ask the Senator in charge ef the bill to ennes and Arapahoes," on page 20, line 7, before the word permit these provisions in regard to the Quapaw Agency to be "treaty," to strike out "same" and insert ''the," and after the passed over for the present without action. word "treaty," to insert "of May 10, 1868;" so as to make the Mr. PLATT of Connecticut. There is no objection to that. clause read: Mr. THURSTON. There is no objection. For pay of J?hysici:m, two teachers, two carpenters, one miller, two farm The PRESIDING OFFICER. The provision will be passed over. ers, a blacksnnth, and engineer, per seventh article of the treaty of May 10, The reading of the bill was resumed. The next amendment of 1868. $9,00Q; in all, ~9,00J. the Committee on Indian Affairs was, on page 24, line 24, after The amendment was agreed to. the word ''Indians," to insert ''in Oklahoma;" so as to make the The next amendment was, under the head of "Pottawatomies," proviso read: on page 23, line 1, after the word" cents," to strike out the fol- Provided further, That the Secretary of the Interior be, and he is hereby, authorized and directed to ;i;>ay to said Sac and Fox Indians in Oklahoma the · 1owing proviso: · sum of $50,000, to be immediately a\"a.iJ.able, out of the amount of money now .. Provided, That whenever it shall be made to appear to the Secretary of to the cr~dit of said Indians in the United States Treasury. the Interior that, by reason of age, disability, or inability, any· allottee of In dian lands cannot personally, and \vith benefit to himself, occupy or improve The amendment was agreed to. his allotment or any part thereof, the same may be leased upon such terms, The next amendment was, under the head of" Sioux, Yankton regulations, and conditions as shall be prescribed by the Secretary for a term Tribe," on page 30, line 16, before the words "Yankton Sioux," not exceeding fivo years, for farming or grazing purpos&s. to strike out "two thousand;" so as to make the clause read: Mr. TELLER. I should like to ask the chairman of the com For subsistence and civilization of Yankton Sioux, heretofore provided mittee why that is proposed to be stricken out? for in ayprop_riatio~ under "Fulfilling treaty with Sioux of different tribes," Mr. THURSTON. The committee very carefully considered etc., $35,000; mall, $.50,000. the matter of leasing the allotted lands of the Indians. Our in The amendment was agreed to. formation0leads us to believe that the effect upon the Indians of The next amendment was, under the head of "Alsea and Siletz the leasing of their lands for agricultural purposes upon the Indians," on page 34, line 2, to insert the following proviso: whole has been bad. We feel that no extension of the right to Provided, That such of said Indians as receive their pro rata. share of said lease or of the change of the terms for which leases may be made fund under t~ :provision shall ~ot hereafter participate in the payment of should be given. The law at the present time, in our judgment, mterest or prmc1pal on that portion of the fund that shall 1·emain. authorizes leases as fully as we ought to permit. The amendment was agreed to. 'Mr. PLATT of Connecticut. This is an extension of the term. The next amendment was, under the head of " Miscellaneous Mr. THURSTON. This is an extension of the term for which supports," on page 37, line 3, before the word'' support," to strike leases may be made. out "purchase of agricultural implements, and," and in line 5, Mr. TELLER. A provision like this has been in several appro before the word "thousand," to strike out "five" and insert priation bills, to my knowledge. I do not know whether exactly "four;" so as to make the clause read: like this or not. For support and civilization of Joseph's band of Nez Perce Indians, $4,000. Mr. PLATT of Connecticut. Not for five years. The amendment was agreed to. · Mr. TELLER. Perhaps not for five years. I agree with the The next amendment was, on page 37, line 23, after the word chairman and the committee that the general system of leasing "seeds," to strike out "$10,000" and insert "provisions, horses, Indian lands is bad, but this is a provision for those who have dis hor~e feed, harness, and farm machinery, $20,000;" so as to make abilities. I think if we would confine the leases to that class it the clause read: would be all right. I do not wish to get into any controversy with For support and civilization of Sioux of Devils Lake, N. Dak., including the committee about it or to raise any particular objection. If pay of employees, and for the purchase of seeds, provisions, horses, horse the committee think this is the best thing to do, I will let it go, feed, harness, and fa.rm machinery, $20,00J. except to ·say that I believe myself in a few cases it is very impor- Mr. THURSTON. I am directed by the committee to propose 1900. CONGRESSIONAL RECORD-SENATE. 3833 an amendment to the amendment, to be inserted at the end of line The next amendment was, on page 40, liue 16, before the word 24, page 37. · "thousand,'' to strike out" support and civilization of Indians at The SECRETARY. After the word" dollars," in line 24, page 37, Uintah Valley and Ouray agencies, three" and insert "one;" so it is proposed to insert: as to make the clause read: The same to be immediately available. Utah: For general incidental expenses of the Indian service in Utah, in The amendment to the amendment was agreed to. eluding tra>e1ing expens~s of agents, $1,000. The amendment as amended was agreed to. -Mr. TELLER. I should like to inquire of the Senator in charge The next amendment was, under the head of "General inci of the bill why that amendment is made; whether it is on the rec· dental expenses of the Indian service," on page 38, line 22, to re ommendation of the Department? duce the appropriation for general incidental expenses of the In Mr. THURSTON. It is on the same basis that I stated with dian service in Colorado, including traveling expenses of agents, respect to the others. It is on the recommendation of the Com from 81,500 to $1,000. missioner, who has stated that the appropriation. in his judgment, Mr. TELLER. I ask the Senator why they propose to strike is unnecessary, and that if any money is required he can take care out "five hundred" there? Had they any inf01·mation from the of that matter out of his general appropriation. Department in reference to it? _ Mr. TELLER. I wish to ask the Senator another question. I l\Ir. THURSTON. It was done on the recommendation of the do not find, in the hasty manner in which I have examined this Commissioner of Indian Affairs. bill, any appropriation for the Indians at the Uintah Valley and Mr. TELLER. It seems to me that $1,500 is a very small sum Ouray agencies, in Utah. How are they to be taken care of? when we consider that there are practically two agencies in Colo This is the only item on the subject I have been able to find in rado, at some distance apart. There is an agency at Navajo running over the bill hastily. I want to say that there are Sp1ings, but fully one-halfof the Indians are 150 miles east of that about twenty-six or twenty-eight hundred Indians there, and we by the methods of travel, and the agent must go back and forth are under treaty with them, and I suppose there must be, either between those two points. It seems to me that $1,500 is not too in this bill or in the general fund, some provision for them. large. Mr. THURSTON. There are, of course, numerous cases in the Mr. THURSTON. I will say that the committee did not go Indian service where there is no special appropriation made in into the consideri:ttion of the facts upon which the Commissioner this bill, and those cases are taken care of out of the general fund of Indian Affairs made his recommendations. We felt that he had at the command of the Secretary of the Interior. those facts within his own knowledge and took his judgment Mr. TELLER. I do not want these Indians left out entirely, upon it. They are Indians who went from Colorado over there some years Mr. JONES of Arkansas. What is under consideration? ago, and some of them are very deserving Indians. Mr. TELLER. The item on page 38, line 22. Mr. THURSTON. I am satisfied that the Commissioner has Mr. THURSTON. My recollection now is that the Commis not overlooked these Indians or their care. sioner further stated to us that if there should be any deficiency The PRESIDING OFFICER. The question is on agreeing to in the appropriation of $1,000 he could take care of it out of his the amendment reported by the Committee on Indian Affairs. general appropriation. The amendment was agreed to. Mr. TELLER. I will let it go, then, on that statement, with The reading of the bill was resumed. The next amendment of out objection. the Committee on Indian Affairs was, on page 40, line 21, to in The PRESIDING OFFICER. The question is on agreeing· to crease the appropriation for general incidental expenses of the the amendment proposed by the Committee on Indian Affairs. Indian service in Washington, including traveling expenses of The amendment was agreed to. . agents at seven agencies, etc., from $12,000 to Sl 7,000. The reading of the bill was resumed. The next amendment of The amendment was agreed to. the Committee on Indian Affairs was, on page 39, line 1, after the The next amendment was, on page 41, line 13, before the word word "Territory," to insert '"For two additional clerks at the "hundred/' to strike out "two" and insert "six;" in the same Union Agency, $2,000;" and in line 6, after the word" dollars," to line, before the word "thousand," to strike out "seventy-six" and insert" in all, 815,280;" so as to make the clause read: insert "sixteen;" in the s~me line, after_the word "dollars,"-to Indian Territory: For two additional clerks at the Union Agency, $2,000; for insert "to be immediately available;" in line 15, before the- word general incidental expenses of the Indian service in the Indian Territory, in· "hundred," to strike out "three" and insert "six;" in line 16, be· eluding incidental expenses of the Indian inspector's office and for pay of employees, $13,280; in all, 15,280. fore the word " thousand," to insert '' and forty; " and in same line, after the word " dollars,'~ to insert: The amendment was agreed to. Provided furthe'I", That this appropriation may be used by said commission Mr. JONES of Arkansas. I gave notice some days ago of my in the prosecution of all work to be done by or under its direction as required intention to offer an amendment, to follow line 7, on page 39, by statute- authorizing the payment of certain warrants by the Secretary of So as to make the clause read: the Treasury, which I will read, unless the chairman of the com mittee desires that all individual amendments shall go over until MISCELLANEOUS. the committee amendments are disposed of. · For salaries of four commissioners, appointed under acts of Congress ap proved March 3, 1800, and ·:March 2, 1895, to negotiate with the Five Civilized Mr. THURSTON. If it does not lead to any discussion I am Tribes in the Indian •rerritory, $20,000: Provided, That the number of said entirely willing that the amendment shall be presented now. commissioners is hereby fixed at four. -For expenses of commissioners and Mr. JONES of Arkansa&. I presume it will not. I will read necessary expenses ·of employees1, and $3 per diem for expenses of a. clerk de· tailed as special disbursing agent oy Interior Department, while on duty with the amendment. If there is any objection to it .I will withdraw the commission, shall be paid therefrom; for clerical help, including secre it and offer it after the committee amendments are disposed of, tary of the commission and interpreters, $616,00!\ to be immediately avail I propose to insert, after line 7, on page 39, the following: able; for contingent expenses of the co~ion , $4.000; in all, ~'64.-0,000: Pro vided further, Tbat this appropriation may be used by said commission in The warrants issued by the principal chief of the Cherokee Nation under the prosecution of all work to be done by or under its direction as required an act otrthe national council of said nation of December 16, 1899, making an by statute. · apgopriation for the compensation and expenses of the Cherokee delegates to Washington to formulate an agreement with the Commission to the Five The amendment was agreed to. Civilized Tribes, in behalf of the United States, shall be paid out of the funds The next amendment was, on page 41, line 21, after the word of the nation the same as other warrants recognized by said nation. "law," to insert: · The reason for this is that on the recommendation of the Sec But it shall not receive, consider, or make any record of any a.ppli('.ation of retary the President disapproved the act of the council of the any person for enrollment as a member of any tribe in Indian Terri tors who Cherokee Nation providing for the expenditure. It was a mis has not been a recognized citizen thereof, and duly and lawfully enrolled or admitted as snch, and its refusal of snch applications shall be final; but this take, as I understand it, on the part of the Secretary of the Inte shall not in any manner affect the _provisions of the act of Congress of June rior. At any rate, the commissioners came here at the request 28, 1898, respecting the :Mississippi Choctaws- . of the Secretary of the Interior. They have been here for two or three weeks now, negotiating with the Dawes Commission, try- So as to make the clause read: ing to make an agreement for the division of their lands in sever- T'nat said commission shall continue to exercise all authority heretofore conferred on it by law. But it shall not receive, consider, etc. alty, and this amendment is intended to authorize the payment of theirvouchersissued to them by the chief of the Cherokee Nation. Mr. JONES of Arkansas., I remind the chairman of the com· .Mr. THURSTON. If there is no objection from any other mittee that there is a,n amendment to be offered at this point. ' I ti 1 ·m t 0 t th d t · Mr. THURSTON. I was a.bou :; to offer it. I am directed by source, am en re Y Wl ng accep e amen men · the committee to offer an amendment to the amendment. The amendment was agreed to. , ·t The reading of the bill was resumed. The next amendment of The SECRETA.RY. After the word "final," line 2, page 42 1 the Committee on Indian Affairs was, on page 39, line 10, after is proposed to insert: the word" agents," to insert" and pay of employees;" and in the' When approved by the Secretary of the Interior. same line, before the word "thousand," to strike out "two" and The amendment to the amendment was agreed to. insert "eight;" so as to make the clause read: The amendment as amended was agreed to. :Montana.: For general incidental expenses of the Indian service in .Mon-1 Mr. JONESofArkansas. Thereisanotheramendmentofwhich tana, including traveling expenses of agents and pay of employees, $8,500. I have given no notice, and I do not know that it has been con- The amendment was agreed to. sidered by the committee. I do not believe it has been, and I 3834 \ CONGRESSIONAL RECORD-SENATE. APRIL 6, suppose, perhaps, it would not be proper to offer it here. Itrelates the Committee on Indian Affairs was, on page . 43, line 11, before to the ~1is5.issippi Choctaws. I will offer it later. the word "portable," to strike out '"two" and insert "one·" in l\Ir. STEWART. Offer it. the same line, after the word '' steam," to strike out '' sa wmhls '' l\Ir. JONES of Arkansas. By general consent I will read it, and insert "sawmill;" and in line 13, after the word "same " to ancl if there is no objection it can be considered now, and if there strike out " three thoUBand" and insert "one thousand five hun is, it can go over untiJ after the committee amendments are dis dred;" so as to make the clause read: posed of. I propose to add a proviso, as fdllows: For operating one portable steam sawmill on the Nez Perce Indian Reser- Provided, That. a.ny Mississippi Choctaw duly identified and enrolled as vation, Idaho, and for nece sary repairs to the same, $1,500. such by the United States Commission to the Five Civilized Tribes shall have The amendment was agreed to. the right at any time prior to the apprm-al of the final rolls of the Choctaws and Chickasaws by the Secretary of the Interior, to make settlement within The next amendment was, on page 43, after line 14, to strike out: the Choctaw-Chickasa.w country, and on proof of the fact of bona fide settle For pay of physician, New York Agency, $600. ment they shall be enrolled by the said United States commission and by the Secretary of the Interior as Choctaws entitled to allotment. Mr. THURSTON. The item on page 43, line 15, which the I think the law has always been that any of these Choctaws committee has struck out is a matter in which the senior Senator PLATT] returning to the Choctaw country or going acro~s to the Choctaw from New York [Mr. appears to be interested. He is not country shall be recognized as citizens and have their rights. The here to-day. He has presented the matter to me in such a light point made by the nation against the Mississippi Choctaws being and bas made such a good showing as to the services actually ren considert:d as members of the tribe is the fact that they remain in dered by the physician at the New York Agency that I am inclined Mississippi. This simply holds this right of theirs open until such to believe that that appropriation of $600 should stand. Mr. PLATT of Connecticut. Then let the Senate disacrree to time as the matter shall be finaliy disposed of. I suppose there 0 will be no objection to this amendment, but if there is I will let the amendment. it be passed over for the present. Mr. THURSTON. I ask that the amendment be disagreed to. Mr. STEWART. I do not think there is any objection. The PRESIDING OFFICER. Without objection, the amend Mr. PLATT of Connecticut. I think it had better be passed ment proposed by the committee striking out lines 15 and 16 will over for the present. be disagreed to. · Mr. JONES of Arkansas. Lf~t it be passed over. Mr. JONES of Arkansas. Did not the Commissioner of Indian l\fr. PLATT of. Connecticut. I would have no objection to al .Affairs state that there was no occasion for this appropriation? lowing any Mississippi Choctaw who should go to the Indian Mr. THURSTON. I think he did. The Senator from New country of his own accord to register. . York [Mr. PLATT], as I stated, presented a detailed showing of Mr. JONES of Arkansas. That is what this amendment pro the services actually renclered to those Indians by the physician at poses. that point for the last year. Mr. PLATT of Connecticut. But I want to exarn1ne the amend Mr. JONES of Arkansas. I have no further objection. Let ment very carefu}ly, in order that it may not be the foundation of the amendment be disagreed to. a scheme for a syndicate to bring over Mississippi Choctaws and The PRESIDING OFFICER. · The amendment is disagreed to. have them register, and so get t~e land, and the syndicate be re The reading of the bill will be proceeded witb. imbursed from the land wliich might thus be obtained by the Mis The reading of the bill was resumed. The next amendment of sissippi Choctaws who come over. I should want to examine it the Committee on Indian Affairs was. on page 44, line 15, before and see that it is not possible that th~t thing can be done under it. the word "thousand," to strike out "forty" ancl insert "seventy Mr. JONES of Arkansas. I shall be very glad to have the Sen five;" and in the same line, after the word" dollars," to insert the ator examine the amendment as proposed by me, which seems to following proviso: be very carefully guarded; and I should like to have it printed, if Provided, That the Secretary of the Interior may employ snch number of superintendents o~ ir1'.ig~tion, who sha.11 be skilled irrig-ation engineers, not there is an opportunity to have it don_e. I will send the amend to exceed.four, as m his Judgment may be necessary to secure the construc ment to the desk, with the request that it be printed and lie on tion of ditches and other irrigation works in a substantial and workmanlike the table. manner; and also one clerk in the Office of Indian Affairs, at a salary of Sl,000 The PRESIDING OFFICER. That order will be made. per annum. The reading of the bill was resumed. The next amendment of So as to make the clause read: the Commi~ee on Indian Affairs was, on page 42, line 6, to strike For construction of ditches and reservoirs, pm·chase and use of irrigating tools ~nd aJ?pliances, and pm·chase of water r~ghts on Ind~an r eservations, in out "town-site commissioners! Indian Territory" and insert: the discretion of the Eecretary of the Inter10r and sul:JJect to his control To pay all expenses in.cident to the survey, platting, and appraisement of $75,000: Pmi'ided, That the Secretary of the Interior may employ such num~ town sites in the Choctaw, Chickasaw, Creek, and Cherokee nations, Indian ber of superintendents of irrigation, etc. Territ.ory, as required by sections 15 and 29 of an act entitled "An ad for the protection of the people of the Indian Territory, and for other purposes," The amendment was agreed to. approved June 28, 1898, for the year ending J"une 30, 1901, $67,000, or so much The next amendment was, on page 45, after line 16, to strike out: as maybe necessary. To enable the President. to cause, under the provisions of the act of March 2 Mr. THURSTON. At this point in the amendment, as directed 1889, entitled "An ad to divide a portion of the reservation of the Sioux Na: tion of Indians in Dakota into separate reservations and to secure the relin by the committee, I offer an amendment to the amendment. quishment of the Indian title to the remainder, and for other purposes" to The PRESlDlNG OFFICER. The Chair would suggest that be allotted the land in said separate reservations as provided in said act in- the amendment first be read through. cluding the necessary resurveys, SlO,OOl. [Reimbursable.] ' Mr. THURSTON. I was about to suggest that the Senator The amendment was agreed to. from Arkansas bas an amendment he desires to offer, which, I The next amendment was, on page 45, after line 24, to insert: think, applies only to the proviso of this amendment; and if that For the sm·vey of lands in the Pine Ridge, Rosebud. and Standing Rock is the case, I should like to complete this amendment down to the Indian reservations, in South Dakota, and for examination in the field of the proviso and leave the remainder for further action. surveys, the sum of $22,000. to be immediately available. The PR~IDING OFFICER. The amendment to the amend The amendment was agreed to. ment will be stated. The next amendment was, on page 46, after line 3, to in ert: The SECRETARY. After the words "eighteen hundred and For cleric:a1 W!'.>rk and stationery ~n the ~:ffice ~f surveyor-general, required mnety-eight,"line 13, it is proposed to strike out: on surveys Wlthin the. Cheyenne River, Pine Ridge, Rosebud, and Standing Rock lndian reservations, in South Dakota, the sum of ~,200. For the year ending June 30, 1901- The amendment was agreed to. . And insert: The next amendment was, on page 46, line 15, before the word For the balance of the current year and for the year ending June 30, 1901, "appropriated/' to strike out "hereinbefore" and insert "here the same to be immediately available. · tofore;" in line 17 before the word "thousand," to strike out The PRESIDING OFFICER. Without objection, the amend "fifteen" and insert "twenty;" and on page 47, line 2, before the ment to the amendment is agreed to. word "thousand," tostrikeout "sixty" andinsert "sixty-five;'' The amendment as amended was agi·eed to. EO as to make the clause read: Mr. THURSTON. I ask that that part of the committee For increasing the amount heretofore appropriated for the erection of said amendmentcontained in the proviso be passed overfortbepresent. asylum for insane Incliansat Canton, S. Dak., tho sum of $2(1,000, the said sum The PRESIDING OFFICER. That order will be made. being in addition to the amount appropriated for that purpose bv the act en titled "An act m.aking appropriations for the current and contingent ex The reading of the bill was resumed, and the Secretary read penses of the Indian department. and for fulfilling treaty stipulations with lines 9 and 10, on page 43. the va1·ious Indian tribt>s for the fiscal year ending J nne 30, 1900, and for other Mr. THURSTON. I am also directed by the committee to pro- purposes," approved March 1, 1 99, and the limit of cost for said asylum is pose an amendment on page 43. fixed at the amount heretofore and herein appropriated, namely, Sli5,0GO. The PRESIDING OFFICER. The amendment will be read. The amendment wag agreed to. The SECRETARY. After line 10, page 43, insert: The next amendment was, on page 47, line 19, after the word For temporary support of the Pima Indians, Pima Agency, Ariz.• $30,000, ''cents," to insert'' as itemized and set forth in Senate Report No. or so much thereof as may be necessary, to be expended under the direction 582, Forty-fourth Congress, second session, at page 39 thereof;" and of the Secretary of War: in all, $31,500. in line 22, after the word" available," to strike out'' and to be in · The amendment was agreed to. full of all demands of said Indians under and by virtue of said The reading of the bill was resumed. The next amendment of treaty;" and on page 48, line 4, after the word" cents," to insert 1900. CONGRESSIONAL RECORD-SENATE~ 3835

"and interest thereon at 6 per cent per annum from May 6, 1899;" Mr. THURSTON. The Senator's suggestion is to strike out the so as to make the c;ause read: words, "in such manner and?" For this amount to enable the Secretary of the Interior to carry out the Mr. JONES of Arkansas. Yes, sir. terms of tho twenty-fourth article of the treaty of February 23, 1867, with Mr. THURSTON. I think that is proper, Mr. President, and I the confederated tribes of Kaskaskia, Peoria, Pianlrnshaw. and Wea Indian~, accept that. ~'25,50t00, as itemized and set forth in Senate Report No. 582, Forty-fourth The amendment to the amendment was agreed to. Congress, second session, at page 39 thereof, to be immediately avaifa.ble, said sum to be paid per capita to said Indians by tho SecTetary of the In- The amendment as amended was agreed to. terior, or expended for their benefit in such manner and for such objects The reading of the bill was resumed. The next am€ndment of and purposes as he may direct: Provided, That before any ~ayment shall be th C 'tt I d" Aff · 49 ft l' 18 t made to mill lndi:m'> under this act the sum of $1,181.G9 and mterest thereon e omm1 ee on n Ian airs was, on page , a er me , o at ti per cent per annum from May 6, 1891, shall be deducted and paid to T. ~- insert: Riebardville, or his legal representatives, on account of money loaned to sa1d The Secretary of the Interior is hereby authorized to negotiate, through Indians. an Indian inspector, with any tribe or band of Indians now occupying reser- Tile amendment was agreed to. \ations for the allotment of lands in severalty and the extinguishment of the The next amendment was, on page 48, after line 8, to insert: Indian title. And for said purpose, a.nd to enable the Secretary of the Inte rior to negotiate thl:ough an inspector with the Indians upon the Rosebud That the SccTetary of the TTeasury be, and he is hereby, authorized to pay Re-ervation, S. Dak., for a cession of the nnallotted lands in Gregory County, the balance of awards made to the loyo.l Seminole Indians under the direction S. Dak., and to negotiate with the Indians upon the Fort Peck Indian Reser of the Secretary of the Interior, with interest thereon. u.s per articles 3 and \ation in the State of Montana for a cession of their surplus lands, and to 4 of the treaty of March 2.i, 1866, and paragraph 14 of the agreement of Decem- negotiate with the Indians upon the Devils Lake Reservation in Nor th Da ber 16, 1 !Ji; and the sum of $186,000 is hereby appropriated for the purpoSE>: kota for a cession of their unallotted or surplus lands, and to negotiate with Provided, Thc'l.t if any of the said loyal Seminoles whose names are on the the Indians upon the Pyramid Lake and Walker River reservations in Ne· lists of awards as made up in pursuance of said treaty of 1 5G shall ha\e died, \ada for a cession of their unallotted or surplus lands, the sum of $3,000, or then the amount due such decensed person~, respectively, shall be paid to so much thereof as may be necessary, is hereby appropriated, out of which their legal heirs. and the acceptance of the sum hereby appropriated shall sum the Secretary of the lnterior may employ stenographers and necessary be in full settlement of said awards. assistance. Mr. JONES of Arkansas. I should like to ask the chairman of Mr. PETTIGREW. I should like to ask whether, if that para- the committee a question about the first part of that amendment- graph is adopted, after the bill has been reported to the Senate the That the Secretary of the Treasury be, and he is hereby, authorized to paragraph would still be subject to amendment by the Senate? pay the balance of a war~ made to the loyal Seminole Indians under the Th PRES-DENT t It uld direction of the 8ecretary of the Interior, with interest thereon, as per arti- e 1 pro :empore. WO • cles 3 and 4 of the treaty of March 21, 18tiG, and paragraph Hof the agreement Mr. PETTIGREW. Then I am perfectly willing that it shall of December 16, 1897. be adopted. I may wish to offer an amendment to it, and I may The question raised in my mind was whether thjg reference to wish to offer amendments to some other paragraphs that stand in articles 3 and 4 of that treaty might not hereafter raise a question the same relation after the bill goes into the Senate. I simply as to what the amount of this award was, and whether this award wanted to 1.-now if I would have that right. ought not to be distinctly stated as being in satisfaction of those . Mr. THURSTON. I will say that, under the request I made • paragraphs of that treaty. If we open the question as to whether for the consideration of the committee amendments, l shall not those awards may be opened hereafter, and interest charged from object to any amendment being proposed afterwards, either in the time of the claim up to this time, it might amount to a good Committee of the Whole or in the 8enate, to the clauses of the bill deal more than is now appwpriated. · not amended 01· to those that ha"Ve been amended. Mr. THURSTON. I ~ee the force of the suggestion, and I will The PRESIDENT pro tempore. Amendments will be in order ask to have the ameneing First. there shall be -raid to such survivors of the original beneficiaries of balance due said company for improvements made on the Lac dn Flambeau· said fund and to such heirs of deceased benficiaries as shall, in such manner Reser\ation for school and reservation purposes under a proper authority of and within one year from the passage of this act. the Secretll.ry of the Interior, to be paid for out of timber to be cut on school It appears to me there must have been something left out after and swamp lands within said reservation. which timber was not cut on ac count of suit instituted by the State of Wisconsin against the lumber com the word "manner;" that it should read, ''in such manner as the pany, after the improvements authorized had been made. stopping the same. Secretary of the Interior may prescribe," or "as may be pre The amendment was agreed to. scribed," or some words like thosP., I am not sure about that; the The next amendment was, on page 50, after line 23, to ineert: expression may be just as it should be; but it does not strike me For making necessary repairs of the Big Wind River bridge, on the Sho that it stands as it should read. It appears to me it would be bet Rhone Agency, Wyo., S750, or so much thei·eof as may be necessary, to be ex ter English as it stands now to strike out the words ''in such man pended under the direction of the Secretary of the Interior; the same to be ner and," so as to make it read, ''and to such heirs of deceased rnunediately available. beneficiaries as shall within one year from the passage of this act The amendment was agreed to. . satisfactorily establish their identity." I believe that that would The next amendment was: on page 51, after line 3, to insert: be better, and I suggest to the chairman that he amend the amend For purchase and construction of one portable sawmill for the Klamath ment by striking out the words "in such manner and" and let it .Agency, 0Teg., $3,000. read "as shall within one year." The amendment was agreed to. 3836 CONGRESSIONAL RECORD-SENATE. APRIL 6,

The next amendment was, on page 51, after line 5, to insert: The reading of the bill was resumed. The next amendment of For the construction and equipment of a telephone line from Chamberlain, the Committee on!ndianAffairs was, under the head of'' Support S. Dak., to Crow Creek Indian Agency, Lower Brule Indian Agency, and of schools," on page 54, line 14, before the word "hundred," to Grace Mission. said telephone line to he constructed and equipped under the direction of the Secretary of the Interior, $5,000, or so much thereof as may strike out "two" and insert "one;" in the same line before the be necessary; to be immediately available. word "thousand," to sh'ike out "and ninety-five;" and in line 54, The amendment was agreed to. after the word "dollars," to strike out "of which amount the The next amendment was, on page 51, after line 12, to insert: Secretary of the Interior may, in his discretion, use $5,000 for the That the sum of $20,000, or as much thereof as may be found nece ary, is education of Indians in Alaska; " so as to make the clause read: hereby appropriated for the purpose of paying t.he claims for subsistence For support of Indian day and industrial schools, and for other educational and transportation money of all those (.,'herokee Indians who, under the purposes not hereinafter provided for, Sl,195,000. treaty of 1828, known as the new Echota treaty, removed from the States of Tennessee, Alabama, Georgia, and other States to the present Cherokee Mr. TELLER. I wish to say to the chafrman of the committee Nation in the year 1835, and prior and subsequent thereto, their heirs and that this bill has contained for several years the provision: lineal descendants, and who have not i·eceived any part of the $20,000 appro Of which amount the Secretary of the Interior may, in his discretion, use priated for the same pm·pose in the year 1835. And the Secretary of the Inte $5,000 for the education of Indians in Alaska. rior is hereby authorized and directed to pay, out of the above sum of $20,000, the sum of $53 to each Cherokee Indian who, within one year from the pas I regret that the committee have seen fit to strike it out. I only sage of this act, shall file with the Commissioner of Indian Affairs his appli want to call the attention of the chairman to the fact that the cation, supported by proof satisfactory to the Secretary of the Interior that he removed from the State of Tennessee, Alabama., Georgia. or other State appropriation for Alaska is always very limited. There has been to the Cherokee Nation, under said above treaty, in the year 1835, or prior or a demand greater than the appropriation for schooJs; and I am subsequent thereto: Pi·ovided, That where the original Cherokee Indian who afraid if this is left out, they will be compelled to reduce some of removed from Tenne see, Alabama, Georgia, or otber State, is dead, the saicl the schools up there. I call the Senator's attention to it, and I above sum of S53 shall be paid to his heir or heirs, lineal descenda.nt or de scendants, pro rata, after he or they shall have furnished proof, to the satis hope he will look into it and, when the bill comes into conference, faction of the Secretary of the Interior, that he or they is or are tile heir or consider the matter. heirs, lineal descendant or descendants, of the ancestor named in the applica The amendment was agreed to. tion; and all claims for such subsistence and transportation money not pre sented to the Secretary of the Interior, supported by satisfactory proof, as The reading of the bill was resumed. The next amendment of aforesaid, within one year from the passage of this act, shall be, and the same the Committee on Indian Affairs was, on page 54, after line 17, to are, barred. strike out: The amendment was agreed to. Tbe Secretary of the Interior is authorized and directed to issue rules and The next amendment was, on page 52, after line 20, to insert: regulations governing schools in the Cherokee, Creek, Choctaw and Chicka saw nations, in the Indian Territory; to appoint such officers, teachers, and That the settlers who purchased with tbe condition annexed of actual set employees as in bis judgment shall be necessary to the establishment and tlement on a.ll ceded Indian reservations be, and they are hereby, granted an mamtenance of good and efficient schools in said nations ; and to pay Eaid extension to July 1, 1901, in which to make payments as now provided bylaw. officers, teachers, and employees for their services and other nece sary ex penses of said schools from the funds of said nations: Provided, That in the The amendment was agreed to . selection of teachers merit only shall be considered. • The next amendment was, at the top of page 53, to insert: The amendment was agreed to. Fifty thousand dollars, or so much thereof as may be necessary. to be im mediately available, in payment of liabilities ah'eadyfncurredand for amount Mr. PETTIGREW. I shall offer an amendment, on page 54, necessary to be expended in suppressing the spread of smallpox in the Indian in relation to the support of schools, after the committee amend Territory among those residents of said Territory not members of any In ments are disposed of, which will provide for taking care of the dian tribe or nation therein, all accounts to be first approved by the Secre tary of the Interior as just and reasonable. contract schools. The reading of the bill was resumed. The next amendment of The amendment was agreed to. the Committee on Indian Affairs was, on page 55, line 7, before The next amendment was, on page 53, after line 8, to insert: the word ' in," to strike out "For purchase of horses, cattle, To enable the United States Indian agent of the Pima Agency, Ariz., to pay the expenses incurred by the farmer in charge of the 8an Xavier Reser sheep, goats, swine, poultry, and so forth, for schools, 85,000; a and vation in employing two attorneys to defend four Papa.go Indians tried on in line 9, before the word ''thousand," to strike out "four hun the charge of violating United States sta.tuie 5286, the sum of $200. dred and eighty" and insert ''three hundred and ninety-five;" so The amendment was agreed to. as to make the clause read: The next amendment wa , on page 53, after line 14, to insert: In all, $1,S!Ji>,000. To enable the Secretary of the Interior, on approval of agreements by him, The amendment was agreed to. to pay settlers for lands and improvements, to pay Indians residing east of The next amendment was, on page 55, line 21, before the word Tongue River, Montana, for improvements, to construct a wire fence, to:pur chase bulls and heifers, to construct or repair buildings at Tongue R1ver "plant," to strike out "electric light" and insert" a lighting;" Agency, establish and build a su bissue station, farmer's residence, and black and in line 23, after the word "dollars," to strike out "in all, smith shop at Tongue Rh-er, and to pay for certain lands, as recommended'.by $26,100/' and insert "for the construction of a new dormitory, United States Indian Inspector James McLaughlin in his three reports to the $10,000; in all, 836,100;" so as to make the clause read: Secretary of the Interior da.ted, respectively, November 14:, 1898, and Febru ary 3 and 16, 1900, upon investigations made under the provisions of section For the support and education of 100 Indian pupils at Chamberlain\ S. Dak., 10 of the Indian appropriation act approved July 1, 1 98 (30 Stats., pages 596 $16,700; for pay of supe1·intendent of said school, Sl,200: for genera1 repairs and impro>ements, $2,000; for erection of shops, $2,000; for a lighting plant, and 597), ~.0-20.4:!. Sl,20tl; for construction and extension of sewer, $3,000; for the construction Tlie amendment was agreed to. of a new dormitory, $10,000; in all, $36,100. The next amendment was, on page 54, after line 6, to insert: The amendment was agreed to. For the erection of additional buildings, fencing, means of locomotion, and The reading of the bill was continued to the end of line 15, on other purnoses necessary to complete the establishment of Leech Lake page 56. Agency, Minn., $5,000, to be immediately available. Mr. -THURSTON. I am directed by the committee to offer the The amendment was agreed to. amendment which I send to the desk, to come in at the end of line Mr. THURSTON. I am dfrected by the committee to offer an 10, on page 5G. amendment to come in at the end of line 10, on page 54. The PRESIDENT protempore. The amendment will be stated. The PRESIDENT pro tempore. The.amendment will be stated. The SECRET.A.RY. After the word "school," at the end of line The SECRETARY. After line 10, page 54, add: 10, on page 56, it is proposed to insert: .For printing and binding in two volumes not exceeding 2.000 copies of the For the purchase of additional land, subject to the approvo.l of tho Secre digest of decisions relating to Indian affairs. authorized by Indian appropri tary of the Interior. ation acts of June 10.1896. and June 7, 1897. $5,000. or so much thereof as may be necessary: Provided, That the Secretary of the Interior is authorized to So as to read: donate 30 copies to Kenneth S. Murchuson, the compiler of said digest, for For upport of Indian industrial school at Carlisle, Pa., for transportation ~omplimentary distribution by him. of pupils to and from said school, for the purchase of additional land. subject to the approval of the Secretary of the Interior, and for general repairs and The amendment was agreed to. improvements, etc. Mr. THURSTON. I am directed by the committee to offer an amendment to come in at the end of the amendment just adopted. The amendment was agreed to. The PRESIDENT pro tempore. The amendment will be stated. The reading of the bill was resumed-. The next amendment of The SECRETARY. At the end of the amendment just adopted the Committee on Indian Affafrs was, on page 57, line 9, after the add: word "at," to insert "The Riggs Institute;" in line 13, before the word "hundred," to strike ont "five" and insert ''two;" in line To enable the Secretary of the Interior, on approval of a~reements by him, to pay settlers for improvements, as recommended by Umted States Indian ·14, before the word "dollars," to insert "and fifty;" in line 14, Inspector James l\foLau~hlin in his report to the Secretary of the Interior, after the word "dollars," to insert: dated June 13, 1899, upon mvestigations made under instructions from the Sec To be expended in the discretion of the Secretary of the Interior if contract retary of the Interior, on March 14, 1 99, $-18,000, or so much thereof as may be can not be made with the village of Flandreau for adequate water supply at ncceasary, the improvements being situated within the addition to the Navajo 51,2.10 per annum. Indian Reservation made by Executive order dated January 8, L900: Provided, That the Secretary of the Interior shall make no payment for any of said im In line 19, before the word '·hundred," to strike out "seven" provements unless, in his judgment, the valuation thereof as reported by said and insert "five;" and in the saffie line, before the word "dol Inspector McLaughlin is fair and just: And prcn;idedfurther, That all of said improvementsana the lands upon which they are situated in and near Tuba lars," to strike out "and fifty;" so as to make the clause read: City, are hereby reserved for such school or other public purposes as may For support and education of 350 Indian pupils at The Riggs Institute,: hereafter be decided upon by the 8ecretary of the Interior. Flandreau, S. Dak., $58,450· for general repairs and improvemE:-nts, $2,000; for pay of superintendent of said school, l,800; water rent, $L2UO; for perma The amendment was agreed to. nent water supply, 6,000, to be expended in the discretion of the Secretary 1900. CONGRESSIONAL RECORD-SENATE.- 3837

of the Interior if contract can not be made with the village of Flandreau for the committee amendments. However, if it is agreeable to the adequate water supply at $1,250 per annum; in all. $69,500. Senator, I will offe1· my amendment now. Mr. PETTIGREW. I wish to call the attention of the chair Mr. THURSTON. I think perhaps we can dispose of it in a man of the committee to the provision with regard to the Indian moment. school at Flandreau. S. Dak. I wish to strike out in line 14 the Mr. HANSBROUGH. I move to amend the amendment of the words "for permanent water supply, $6,000;" then disagree to committee, on page 58, line 18, by striking out the word '' one," the committee amendment, and provide for Sl,500 for rent of water before the word " thousand," and inserting " four;" and in line in the city of Flandreau. That city has put in a water supply and 19 by striking out the words "two hundred;" so as to read: connected it with this school at a very large expense. I am in For a Ughting plant, $4,000. formed by the mayor of the town that $1,500 will not more than Mr. THURSTON. I see by the committee amendment that pay the cost of furnishing the water; and yet they wish to con $1,800 has heretofore been appropriated for that purpose, together tinue the service, because it helps this small town to cari·y on a with an additional 81,200, making $3,000. Now, does the Senator better system and to have a. larger plant than they would other ask for 84,000 in addition to the $1,800 heretofore appropriated? wise have. Mr. HANSBROUGH. :My amendment is in conformity with Mr. THURSTON. I will say that the committee amendments the recommendation made by the Commissioner of Indian Af were inserted on the advice of the Senator from South Dakota; fairs. I have here a letter from the Commissioner in which he but if he is now advised that the original provisions ought to says: stand, I have no objection to disagreeing to the committee amend As stated above the plant is lighted with dangei:ous kerosene lamps. ments in that paragraph. With the cheap fuei which they have an electric-light plant could be main The PRESIDENT pro tempore. The amendment proposed by tained economically. In the appropriation act for the present fiscal year there is an item of Sl,800 for an electric-li~ht plant. This, in the very first the Senator from South Dakota will be stated. · instance, was an inadequate estimate, ana, since the enormous rise in the Mr. PETTIGREW. I wish to disagree to the amendments re price of materials enterinO" into elect1ical construction, is so far below the ported by the committee. true amount that I have taken no steps to utilize it. I feel satisfied that this item of $1,800 should be rcan:propriated. and also an additional amount to The PRESIDENT pro tempore. They will be disagreed to, increase the total for an electric-light plant to S!,000 would be eminently right without objection. and proper. Mr. PETTIGREW. Now, I move to strikeout the words "for Mr. THURSTON. I call the Senator's attention to the fact p:mnanent water supply, $6,000," in line 14. that if he strikes out the word ': one," in line 18, and inserts ''two," The amendment was agreed to. he meets the recommendation of the Commissioner. Mr. PETTIGREW. I think that is all. That will correct the Mr. HANSBROUGH. Precisely. paragraph. . The PRESIDENT pro tempore.- The Senator from North Da· The PRESIDENT pro tempore. Are the words ''The Riggs kota modifies bis amendment in the way in which it will be stated. Institute" to stand? The SECRETARY. In line 18, after the word "plant," it is pro· Mr. PETTIGREW. Those words are to stand. posed to strike out "$1,200" and insert '' $2,200;" so as to read: Mr. THURSTON. All the other amendments in that paragraph For a light plant, S?,200. are to be disagreed to bnt that. . Mr. PETTIGREW. With the amendment I have proposed the The amendment was agreed to. provision as to water rent will read: "For water rent, $1,500." The amendment as amended was agreea. to. The PRESIDENT pro tempore. The Chair understands the Mr. THURSTON. The total should be changed to correspond, amendment has been agreed to in line 14, on page 57, striking out The PRESIDENT pro tempore. The total will be amended by the words" for permanent water supply, 86,000." making the amount $63.000. Mr. PETTIGREW. Yes; striking those words out. The reading of the bill was resumed. The next amendment of Mr. THURSTON. Andalsostrikingoutthecommitteeamend the Committee on Indian Affairs was, on page 58, after line 22, to ment "to be expended in the discretion of the Secretary of the strike out: That the sum of $5,000 appropriated for steam heating and the sum of Interior," etc. SI 800 appropriated for an electric-lighting plant at the Fort Totten, N. Dak., The PRESIDENT pro tempore. That amendment will be re fudian school, by the Indian apP.ropriation act for the fiscal year 1900, is hereby garded as disagreed to, in the absence of objection. reappropriated and made available during the fiscal year 1901. Mr. PETTIGREW. And the total will have to be changed to The amendment was agreed to. correspond with the reduced appropriation. The next amendment was, on page 59, line 9, after the word Mr. THURSTON. The total should be changed. "dolJars," to strike out "for employees' cottage, 83,000" and The PRESIDENT pro tempore. The clerks have been author insert: ized, by unanimous consent, to change the totals where necessary. For construction and completion of new school building, !25,000; for con· The reading of the bill was resumed. The next amendment of struction and completion of new hospital building, $5,000; for construction of the Committee on Indian Affairs was, on page 57, line 24, before barn, $1,500. the word ''plant," to strike out ''gas" and insert ''a lighting;" so In line 15, before the word "thousand," to strike out "fifty.. as to make the clause read: seven" and insert "eighty-five;'' and in the same line, before the For support and education of 150 Indian pupils at the Indian school, Fort word "hundred," to strike out "three" and insert "eight;" so as Mojave, Ariz., $25,050; for pay of snp~rintendent C!f sa!d school, $1,500; fo_r gen to make the clause read: eral repairs and improvements, ~.000; for a lighting plant, $3,500; ID all, For support and education of 300 Indian pupils at the Indian school, Genoa, $J2,050. Nebr., $50,100; for general repairs and improvements., $2,500; for pay of super intendent of said school, $1, 700; for construction and completion of new school The amendment was agreed to. building, $25,000; for construction and completion of new hospital building, The next amendment was, on page 58, after line 2, to insert: $5,000; for construction of barn, 1,500; in all, $85,800. For construction and equipment in connection with the Indian school at The amendment was agreed to. Fort Lewis, Colo.: For a boys'. do~tory, $12,_900; fqr indus!rial shops, $5,000; The next amendment Fas, on page 59, line 21, after the word for laundry, $},000; and for a llghting plant, $5,000; m all, $25,000. "dollars," to strike out "for the completion of a new school • The amendment was agreed to. • building, $15,000" and insert: The next amendment was, on page 58, line 14, after the word For increasing the amount heretofore appropriated for tbe erection of a "dollars," to insert: new school building at Hayward, Wis., the sum of $15,000, the said sum being in addition to the amount appropriated for that purpose by the act approved For steam-heating system, $10.000, to be immediately available, this to be March 1, 1899; and the limit of cost for said school building is fixed at the in addition to the sum of $5,000 heretofore appropriated for this purpose, amount heretofore and herein appropriated, namely, $75,000, the same to be which sum is hereby reappropria.ted; for a lighting :plant, $.1,200,. this being immediately available. in addition to the sum of $1,800 heretofore appropriated for this purpose, which sum is hereby reappropriated. So as to make the clause read: For the support and education of 125 pupils at the Indian school at Hay In line 22 before the word ''thousand," to strike out c: fifty" ward, Wis., ~,875; pay of superintendent, Sl,300; general repairs and im and insert /, sixty-two;" and in the same line, before the word provements, $1,500; for increasing the amount heretofore appropriated for "and," to stl.·ike out " eight hundred;" so as to make the clause the erection of a new school building at Hayward, Wis., the sum of $15;000, the said sum being in addition to the amount appropriated for that purpose read: by the act approved March 1, 1899; and the limit of cost for said school build For support and education of 250 Indian pupils at Indian school, Fort Tot ing is fixed at the amount heretofore and herein appropriated, namely, ten. N. Dak.,$il,71i0; for pay of superintendent at said school,$1,600; for sew $75,000, the same to be immediately available; in all, $38,675. erage system, $2,500; for general rep~s and i~provem~nts, $5,~; foi: s:team The amendment was agreed to. heating system, $10,000, to be immediately available, this to be m addition to the sum of $5,000 heretofore a_Ppr'?priated for-Olis J?U~se, ~hich .s~m is The next amendment was, on page 60, line 9, before the word hereby reappropriated; for a lighting plant,$1,200, this being ID addition to "thousand," to strike out" thirty" and insert" twenty-nine;" in the sum of $1,800 heretofore appropriated for this purpose, which sum is the same line, before the word" hundred," to strike out" four" hereby reappropriated; in all, $02,05U. and insert "two;" in line 12, after the word "dollars," to inse1·t Mr. THURSTON. I call the attention of the Senator from "for dormitory building, $20,000, i: and in line 13, after the word North Dakota [Mr. HANSBROUGH] to the amendment just stated. "all," to strike out" thirty-four" and insert" fifty-four;" so as to I understand that he desires an additional amount appropriated make the clause read: to that recommended 1.Jy the committee. For support and education of 175 Indian pupils at the Indian school at Grand Mr. HANSBROUGH. I supposed we were first considering Junction, Colo., $29,2'l5; for pay of snpermtendent at said school, $1,500; for 3838 CONGRESSIONAL REOORD-SENATE.- APRIL 6, genc1·al rapairs and improvements, $3,000; for dormitory building, $20,000; in The next amendment was, on page 62, line 9, after the word a~l, S'lt, 'l25. • 1: dollars," to insert " to be immediately available; " so as to make Tile amendment was agreed to. . the clause read: i\lr. TELLER. I wish to offer an amendment. I inquire of th~. For support and educatioi:: of 300 Indian pupils at the Indian school, Mouni!. chairm·m of the committee if I may do so now? Pleasant, Mich., $50,100; for pay of superintendent of 'said school, 'l,700; for .Mr. THURSTON. lam willingtohaveamendmentsnowoffered general repairs and improvements, $1,500; for erecting girls' dormitory,. to the school provisions. $20,000, to be immediately available; in all, $73,300. Mr. TELLER. On page 60, line 13, after the word "dollars," I 'l'he amendment was agreed to. move to insert: The next amendment was, on page 62, line 17, to strike out: For tlle purchase of not exceeding lO acres of land for the purpose of sew For the purpose of removing the Indian school now located at Perris, Cal., erage deposit, to be immediately available, $600. to a new and more suitable site a.t or near Riverside, Cal · 1\1r. THURSTON. The Senator has submitted to me the neces And insert: sity for this amendment of 8600 for the purchase of land, and I For the establishment of an Indian school at or near Riverside, Cal am willing to accept it. The amendment was agreed to. Mr. TELLER. I have a letter here from the Commissioner of The next amendment was, on page 63, line 6, after the word Indian Affairs, which I desire to have printed, so that the commit ';dollars," to insert "for the erection of an auditorium, 815,000;" tee may have it before them when the bill goes into conference, and in line 8, before the word "thousand," to strike out "two" asking for this appropi-iatiou, which came to me too late to be pre and insert "seventeen;" so as to make the clause read: sented to the committee. For support and education of 600 Indian pupils a.t the Indian school at The PRESIDENT pro tempore Does the Sena to1· desire to have Phoonix, Ariz., and for general repairs and improvements, $100,200; for pay the letter printed in the RECORD? of snperintendentat said school, $2.000; for the erection of an auditorium, :Mr. TELLER. Yes, sir; so that it will go in with the proceed $15,000; in all, $117,200. ings. The amendment was agreed to. The PRESIDENT pro tempore. The letter will be printed in The reading of the bill was continued to the end of line 9, on the RECORD, in the absence of objection. page 64. · · The letter referred to is as follows: Mr. NELSON. I offer an amendment to come fa after the word DEPARTMENT OF THE INTERIOR, "dollars,"in line 8, on page 64. It is an amendment recommended OFFICE OF L~I.AN AFFAIIlS, by the Commissioner of Indian Affairs. I have his letter here, and lVashington, March fB, 1900. ask that it be inserted in the RECORD. . . Sm: Knowing the interest which you have taken in the Indian school at The PRESIDENT pro tempore. Does the Senator from Ne- Grand Junction. Colo., I have the honor to bring to your attention a matter· which it is possible may require Congressional action. In the Indian appro braska yield to the Senator from Minnesota? priation act for the present fiscal year there appears an item of $5,500 for Mr. THURSTON. Certainly. sewerage system. For some time I have endeavored to have the necessary The PRESIDENT pro tempore. The amendment will be stated. plans and specifications for ati adequate system prapared. On several occa The SECRETARY. On page 64, line 8, after the word" dollars," sions the superintendent has reported that it is impossible for him to get a proper system or such a system as the school actually needs, for the $.5,500. it is proposed 'to insert: · He ha.q finaliy. therefore, submitted plans and estimates for the same which For the purchase of a farm of 160 acres, $6,400, to be immediately available. contemplate the deposition of the sewage matter upon a 10-acre field, which he estimates will cost about $500 or $600. Although the engineer seems to So as to make the clause i·ead: think that his plant can be installed for the amount available, yet there is For the support and education of 150 Indian pupils at the Indian school at an air of doubt about the same, and also upon the part of this office. If an :Morris, Minn., ~.050; for pay of superintendent, $1,500: for general repairs additional appropriation could be secured for, say, $1,000, for supplementing and improvements, $1,500; for the purchase of a farm of 160 acres, $6,400, to be the present appropriation of $5,500 for this purpose, and also not exceeding immediately available. S600 for the purchase of a sufficient amount of land to be utilized as a deposit bed for the sewage, it would materially help the matter. On account of Mr. THURSTON. I have seen the recommendation of the the local conditions, of which you are probably better aware than I am, this Commissioner of Indian Affairs as to the amendment, and I make sewage matter can not be emptied into either the Grand or the Gunnison River; and, on the other hand, if the proposed plan can be made successful, no oojection to it.· · it will utilize the waste matter of the school in the irrigation and growing of 'l'he amendment was agreed to. crops on the land on which the sewage is emptied, rather than to pollute a Mr. NELSON. . I suggest another amendment to change the running stream with it. The sul>0rintendent has not suggested this course, but in view of all the contingencies surrounding the same I am satisfied that total from $28,050 to $34,450, in line 9. without so~e ad~tional help in-this matter the best plans I can secure will The PRESIDENT pro tempore. The footing will be so changed only inadequately meet existing conditions. Should the above suggestion be under the order which has been already made. . · crystallized il:!to action, whatever amounts are given should be made imme· Without objection, the letter referred to by the Senator from diately available in order that they may supplement the present system. Very respectfully, Minnesota will be printed in the RECORD. . W. A. JONES, Commissioner. The letter referred to is as follows: Hon. H. M. TELLER, United States Senate. DEPARTMENT OF THE INTERIOR. OFFICE OF INDIAN AFFAIRS, The PRESIDENT pro tempore. The question is on the amend Washington, March ZS, 1900. ment submitted by the Senator from Colorado [Mr. TELLER]. Sm: I have the honor to acknowledge the receipt, by your reference, of The amendment was agreed to. a letter from the su;J,>erintendent of the Indian school at Morris, Minn., rela tive to the advisability of securing additional land for use of said school, and The reading of the bill was resumed. The next amendment of in reply to your request for my views on this subject, and if I favor this plan, the Committee on Indian Affairs was, on page 61, after line 2, to you desire me to send you an amendment which could be inserted in the Indian appropriation bill. insert: In reply you are advised that the Indian school at Morris, Minn., was pur For improvements at the Klamath Agency Boarding School, Oregon, as chased by the Gov.ernment from Mother Joseph in 1897 for $14:,519. The follows: For waterworks and sewerage system, $3,300; for construction of one original proposition was for $15,919, which was for 80 acres on which the barn, $1,043; for lighting system, $3,0llO; in all, $7,3!3. · · building was situated and 160 acres situated at a distance. During the pend The amendment was agreed to. • ency of the negotiations it developed that a clear title could not be given to the 160 acres. It was therefore eliminated, being valued at $1,4.00 and said The next amendment was, on page 61, line 10, after the word to be not very good land. In view of the statements made by the superiir "Kansas," to strike out ''for transportation of pupils to and from tendent that they have now onJ'y about 60 acres available for cultivation and said school;" in line 13, before the word "thou.sand," to strike this school 18 for an agricultural section of the country, including stock rais ing and dairying; that he bas not adequate facilities for carrying out these out "and five;" in line 15, after the word '"available," to insert: ideas, he thez:efore thinks it necessary for an addition of at least 250 acres of For increasing the amount heretofore appropriated for the erection of a new land at a cost of $10,000. school building at Haskell Institute, Lawrence, Kans., the sum of $10,000; the The superiritendentin his letter also refers to the act under which the Clon said sum being in addition to the amount a:ppropriated for that purpose by tarf property was sold for $4,600, and desires this money utilized in the pur the act approved March 1, 1899, and the-lirmt of cost of said school building chase of additional land. United States Indian Ins:pector Duncan has recently is fixed at the amount heretofore and herem appropriated, namely, $25,000, made an inspection of this school and refers to thls subject as follows: That th~ same to be immediately available. 80 acres originally purchased are not sufficient for the school and 80 more should be secured for gardening and the keeping of stock. And in line 24, before the word "thousai;id," to strike out "sev I am not prepared to recommend the number of acres proposed and the '3nteen" and insert "twenty-.')even;" so as to make the clause read: amount $10,000 recommended by the superintendent but, in view .of all the For support and education of 600 Indian pupils at the Indian school, Has circumstances surrounding thiS school, feel satisfied that as originally con kell Institute. Lawrence, Kans., and for general repairs and improvements, templated at least 160acres more should be given the schoolin order to round $100,2tJO; for pay of superintendent at said school, $2,000; for extending steam out 1ts facilities and make it a.n industrial school suited to the environment plant, $l0,000, to be immediately available; for increasing the amount hereto of the pupils from which it must of necessity draw its support. . fore appropriated for the erection of a new school building at Haskeil Insti · Carrying out your suggestion I would submit the following as an amend tute, Lawrence, Kans.; the sum of $10,000; the said sum being in ?..ddition to ment: - the amount appropriated for that purpose by the act approved March l, 1899, Amendment proposed to appropriation act, H. R. 7433, Calendar No. 590: and the limit of cost of said school building is fixed at the amount heretofore On page 64, line 8, after "dollars," msert: "for the purchase of a farm of 160 and herein appropriated, namely, $25,000, the same to be immediately avail acres, $6,400, to be immediately available." . able; in all, $1:&7,200. · · · · Very respectfully, . W. A. JONES, Commissioner. The amendment was agreed to. Hon. KNUTE NELSON: The ·next amendm'ent was, at the top of page 62, to insert: United States Senate. For the construction of a new schoolhouse, with 'girls' dormitory and sit· The reading of the bill was resumed. The next a.menclment of ting room attached, at the Lemhi Agency, Idaho, $--5,000. the Committee on Indian Affairs was, on page· 64~ line 20, after '£he amendment was agreed to. the word ''dollars," to insert ''for the erection and completion of 1900.. CONGRESSIONAL REOORD-SEN,ATE. 3839 - a briclr dormitory, $20,000;" and on page 65, line 2; before the Congress, m:i.y sell all the lands so owned by them in excess of 80 acres. the restrictions against sales by allottees under the act last named to others than . word u thousand,n to strike out "ninety-five" and insert "one the United States or persons of Indian b1ood being hereby removed; and all · hundred and fifteen;" so as to make the clause read: · such conveyances shall hereafter be subject to the approval of the Secretary For sttpport and education of 500 pupils at the Indian school, Salem, Oreg., of the Interior. $83,500; for pay of superin'tendent at said school, $1,800; for erection of an in· That the provisions hereof as to the sale of inherited lands by heirs of de dustrial building, $6,; for the erection and comp)etion of a brick dormitory, C'eased allottees of the Citizen band of Pottawatomie lndians and Absentee t20,; for general repairs and improvements, $3,000; for purchase of 12.27 Shawnee Indians are hereby extended and made applicable to the heirs of acres of land at $100 per acre, $1,227; in all, $ll5,5..'>7. allottees of the Peoria and Miami Indians, who were authorized by the act appro-.ed June 7, 1897, to sell a. portion of their lands. The amendment was agreed to. The next amendment was, on page 65, line 16, before the word Mr. COCKRELL. I should like to have seetion 7 reserved for "lighting," to strike out" electric" and insert the article "a;" so the present. · as to make the clause read: Mr. THURSTON. The question of striking out section 7 the For supp_ort and education of 300 Indian pupils at the Indian school at Senator desires to have reserved for the present. I have no objec· Santa Fe, N. Mex., i.50,100; for pay of imperintendent at said school, 1,700; tion to that. for water supply and sewerage, $2,000; for general repairs and improvements, The PRESIDENT pro tempore. It will be -passed over. The 53,000; for extension to school building, $6,600; or addition to warehouse, reading of the bill has been concluded. Does the Senator desire ~,000; for a lighting system, Si.500; in all, $69,900. to go back to the committee amendments which have been passed The amendment was agreed to. over? · The next amendment was, on page 66, line 10, after the word Mr. COCKRELL. Are there any more couimitte.e amendments? "hospital," to insert "to pe immediately available;" and in line Mr. THURSTON. I believe that concludes all of the-recom· 12, after the word ''superintendent," to insert '"to be immediately mendations of the committee in the way of amendments . . available;" so as to make the clause read: · The PRESIDENT pro tempore. The committee amendments_ For the supp9_rt and education of 175 Indian pupils at the Indian schoo1, Tomah, Wis., $29,225; for pay of superintendent at said school, $1,500; for on page 5 were reserved. general repairs and improvements, $3,000; for equipment of girls' dormitory, Mr. THURSTON. Yes. dining ball, kitchen, and hospital, to be immediately available, $1.500; for con Mr. COCKRELL. I wish to recur to the committee amend struction of. suitable ~l!arters for superintendent, to be immediately avail ment on page 23, which was reserved. From line 9, on page 23, able, $3,500; m all, $38, 720. down to the bottom of the page and over on page 24, down to the The amendment was agreed to. end of line 9, is the House provision. The-Senate committee has The next amendment was, on page 66, after line 19, to insert: recommended that it be stricken out, and I hope it will not be For rebuilding and equipping the Winnebago School, at the Winnebago agreed to. I suppose the better way would be for me to offer my Indian Agency, Nebr., $!0,000, the same to be immediately available. amendment to the text. I want a part of the text to stand. I The amendment was agreed to. move to strike out all after the word "Provided," in line 15, page The next amendment was, on page 67, line 5, to increase the ap 23, to the end of that clause, at the end of line 9, on page 24. propriation for collection and transportation of pupils to and from Mr:-THURSTON. Do I understand the Senator -desires that Indian schools, and also for the transportatic;m of Indian pupils we disagree to the committee recommendation as to striking out from all the Indian schools and placing them, with the consent of down to the proviso? The Senator wishes it to stand down to the their parents, under the care and control of such suitable white proviso? · families as may in all respects be qualified to give such pupils Mr. CO.CKRELL. Yes; down to the proviso. Whichever is moral, industrial, and educational training, etc., from $35,000 to the more formal way. I thought I would offer an amendment to $40,000. strike out 'that part and substitute for it and then disagree to the The amendment was agreed to. first part. The amendment I offer is the law of last-year. It The next amendment was, on page 68, line 12, after the word strikes me that the way I have suggested is the better way. "purchase," to strike out: The PRESIDENT pro tempore. It is entii'e1y in order. The Provided, That funds herein and heretofore appropriated for construction amendment proposed by the Sena.tor from Missouri will be.stated. of artesian wells, ditches, and other works for irrigating may, in the discre· The SECRETARY. It is proposed to strike out, -beginning with tion of the Secretary of th~ Interior, be expended in open market: Provided further, That purchase in open market shall, as far as practicable, be made the first proviso, in line 15 on page 23, all of the bill down to and from Indians, under the direction of the Secretary of the Interior. including the word "buildings," in line 9 on page 24, and insert: And insert: That all chattel mortgages executed in the Quapaw .Agency, in the north Provided, That supp1ies may be purchased, contracts let, and labor em ern district of the Indian Territory, shall be recorded in the town of Miami p1oyed for the construction of artesian wells, ditches, and other works for by the clerk of the said northern district_of thelndian Territory 01· his duly irrigation, in the dicicretion of the Secretary of the Interior, without adver appointed deputy in a book or books kept for the purpose: Provided, That tising as herein before provided: Pi'Ovided further, That as far as practicable the amout of money appropriated for pay of a physician and to maintain Indian labor shall be employed and purchase in the open market ma.de from the schools in the Quapaw Reservation shall not be diminished during the Indians, under the direction of the Secretary of the Interior. fiscal year 1901. The amendment was agreed to. Mr. COCKRELL. That simply provides a place which has The next amendment was, on page 6ll, line 2, after the words heretofore been provided where chattel mortgages can be recorded "upon the,"to strike out "reservation" and insert'; reservations. and be a. notice to subsequE>nt purchasers, and then the provision or at industrial schools;" and in line 5, after the word" advisable," is that the pay for the physician and the schools shall not be to strike out: diminished. Pro-i;ided fm·ther, That the Indians to whom lands have been allotted on Mr. PL.A TT of Connecticut. Is there a clause in this bill to pay the Yakima Reservation in the State of Washington shall be permitted to for a physician and the schools? lease such allotted lands for any term not exceeding ten years upon such Mr. COCKRELL. Yes; it is in the general provision. This terms and conditions as may be prescribed by the Secretary of the Interfor. provides that it shall not be diminished. That is_the only pro And insert: viso there. And the sum of $10,000 is hereby appropriated to enable the Secretary of the Mr. PLATTofConnecticut. Idonotunderstandthis. Wherein Interior to carry this provision into effect. the pill is the provision for the pay of a physician to the Quapaws? So as to make the clau.ge read: Mr. COCKRELL. There is a physician to almost every Indian Promded further, That the Secretary of the Interior may, when practi agency. There has been one there ever since-I have known any· cable, arrange for the manufacture, by Indians upon the reservations, or at thing about it. The provision is in the existing bill, and all that industrial school'>, of shoes, clothing, leather, harness, and wagons, and such other articles as the Secretary of the Interior may deem advisable, and the this does is to provide tha.tthe amount shall not be diminished for sum of $10.000 ia hereby appropriated to enable the Secretary of the Interior that and for the education there. to carry this provision into effect. Mr. JONES of Arkansas. What is that? The amendment was agreed to. • Mr. COCKRELL. I was just simply stating that there is a The next amendment was, on page 71, after line 20, to strike physician at almost every reservation. o~t section 7. as follows: Mr. PLATT of Connecticut. I do not think there jg any pro SEC. 7. That the proviso to the act approved August 15, 189!, permitting vision ip this bill for the pay of a physician there. There may be. the sale of allotted lands by members of the Citizen band of Pottawatomie Mr. COCKRELL. I tell the Senator, and the records will show, Indians and of the Absentee Shawnee Indians of Oklahoma is hereby ex· tended so as to permit the adult heirs of a deceased allottee to sell and con· that in the very language of this bill there will not be less than vey the lands inherited from such decedent; and if there be both adult and thirty phy~icians to Indian agencies. They have been from time minor omers of such inherited lands, then such minors may join in a sale immemorial, and they are paid for in this way. thereof by a guardian, duly appointed by the proper court, upon an order of such court made upon petition filed by such guardian, all conveyances made Mr. PLATT of Connecticut. The Senator-does.not understand under this provision to be subject to the approval of the Secretary of the me. 1 think there is no specific provision in this bill as it stands Interior; and any Citizen Pottawatomie or Absentee Shawnee not residing for the pay of a physician to the Quapaw .Agency. Is there? upon his allotment, but being an actual resident of another State or Terri· tory, may in like manner sell and convey all the land allotted to him. Mr. COCKRELL. There is not in this bill; but it is already Tb.at such proviso of the act approved August 15, 189-1, as herein enlarged, re~ulated and they have a fixed salary, and this simply leaves that is hereby extended to these members of the Citizen band of Pottawatomie salary so that there shall be no diminution of the provision for it Indians and the Absentee Shawnee Indians who were given allotments under at that agency. I think it is about a thousand dollars. My .recol the a<'t approved the ~3d day of :May, 1872, and to their heirs; and any pnr· chasers of Indian blood of lands sold under the provisions of the act last lection is not clear. I do not think any physician gets over $1,200. Damed, or their heirs, who may own other allotted lands under any act of That is my recollection. . - .

.... 3840 CONGRESSIONAL RECORD-SENATE. APRIL 6,

Mr. GALLINGER. They average about a thousand dollars a Mr. PLATT of Connecticut. It is not worth contending about; year I should say. but if a piece of legislation is put intoan appropriation bill which Mr. COCKRELL. They average about a thousand dollars. I has not anything to do with the appropriation of money, in my do not think anyone gets over $1,200, unless it has been increased judgment it does not expire with the end of the year. But it is recently. not worth contending about. Mr. PLATT of Connecticut. I am not going to say very much Mr. COCKRELL. My proposition is-turning to page 23-to about this amendment, because it brings up a matter which the strike out after the words" five hundred dollars," in line 15. Leave committee bas had no opportunity to consider; but this is true: the prior provision in the bill. Then that provision and the I think that at this Quapaw Agency the Indians are just as thor amendment I propose will read as follows: oughly civilized as any American citizens are, and are living like QUAPAWS. American citizens, and they ought to be able to take care of them For education, during the pleasure of the President, per third article of selves, and are able to take care of themselves just as much as treaty of May 13, 1833, $1,001; for blacksmith and assistants and tools, iron, white people in any portion of the rural or agricultural part of and steel for blacksmith shop, per same article and treaty, $500; in all, $1.500. the United States. The committee, as I understood, thought Now, that is verbatim the language of the law of March 1, 1899. there was no longer any necessity for treating them as Indians. The act of 1899 has in it this further provision as it is in my Mr. JONES of Arkansas. My recollection of what the Commis amendment: sioner stated-I do not think I am mistaken about it-is that That all chattel mortgages executed in the Quapaw Agency in the north there is no occasion for maintaining the agent at the Quapaw ern district of the Indian Territory shall be recorded in the town of Miami by the clerk of the said northern district of the Indian Territory, or his duly Agency. These people all have their lands in severalty. They appointed deputy, in a book or books kept for the purpose. live on their several homes, just as people in other sections of the That is the exact language of the amendment I have offered, country do, but there are certain treaty agreements which we, at and I therefore simply move to reinstate the exact languag~ that least for the time being, must carry out; f<¥ instance, keeping a was used in the last appropriation act and then to add to it the blacksmith and carpenter in that country. There may be also a words which will be read from the desk. provision about the physician. I am not so sure about that. But Mr. PLATT of Connecticut. So far as the amendment is con the statement made by the Commissioner to the committee was cerned reenacting the language of the last appropriation act, we that of the general fund-they having a large general fund for could agree, although I think it is entirely unnecessary. So far educational purposes and a large general fund for employees- as that is concerned, if the amendment could be divided, I should . · provision could be made for these schools, just as it would be if have no objection to it, although 1 think it is unnecessary. this special provision were made; that there would be no differ Mr. COCKRELL. Now let the other proviso be read. ence whatever in any of the employees on the Quapaw Reservation The Secretary read as follows: and no difference whatever in the schools, both being provided for Pro'IJ'ided, That the amount of money appropriated for pay of a physician out of the general fund instead of a specific fund. · and to maintain the schools in the Quapaw Reservation shall µot be dimin This is the only change made, except that he proposes to dis ished during the the fiscal year 190L continue the agent. He said there is no occasion whatever for Mr. COCKRELL. That is simply to do just exactly what the keeping an agent there; that the duties performed by him could Commissioner of Indian Affairs says should be done. be just as well and better and more cheaply performed by a spe :Mr. JONES of Arkansas. I do not know whether or not there cial agent of the Indian Office. There is to be no diminution in is a physician there.• the number of offices. There is to be no diminution in the amount Mr. COCKRELL. If there is none, he will get no pay. This of money used for schools, the only change being instead of there does not create the office of physician there in any shape, manner, being a special appropriation in the bill for these two things they or form. It says that the expenditure for the physician shall not are provided for out of the two general items of employees for the be decreased and that the expenditure for the schools shall not be Department and the general provision for schools. decreased. Th:a.t is all there is about it. I was sure this was the fact. My recollection was the same, and Mr. PLATT of Connecticut. Will the Secretary again read the since this debate came up I went to the telephone and called up latter portion of the amendment? the Commissioner of Indian Affairs, and was assured by him The Secretary read as follows: within a very few minutes that that was what he stated to the Provided, That the amount of money appropriated for pay of a physician committee and what would be done by the Department. and to maintain the schools in the Quapaw R.eservation shall not be dimin The PRESIDENT pro tempore. The question is on agreeing to ished during the fiscal year 1901. the amendment proposed by the Senator from Missouri. [Putting Mr. PLATT of Connecticut. I do not understand that there is the question.] The noes appear to have it. any appropriation in this bill or that there was in the last act for Mr. COCKRELL. I shall have to ask for the yeas and nays on the pay of a physician at that agency. There may be, but if there the amendment. - is, l do not know where it is· and therefore that is entirely un· Mr. JONES of Arkansas. What is the amendment? necessary. By the treaty of 1833 it is provided: Mr. ALLISON. Will not the Senator from Missouri- The United States also agrees to appropriate $1,00J per year for education Mr. COCKRELL. I want to have it decided now. It may as purposes, to be expended under the direction of the President of the United well be decided at one time as at another. Let the amendment be States. read. The Senator from Arkansas wants to know what it is. And it also provides: The PRESIDENT pro tempore. The amendment proposed by That the farmer and the blacksmith and the above ap,P.ropriation for edu the Senator from Missouri will be stated. cation purposes be continued only as long as the President of the United ·The SECRETARY. After the word" dollars," in line 15, page 23, States deems necessary for the best interests of the Indians. it is proposed to agree to the committee amendment striking out We propose to strike out all of the provision about- all of the biffdown to the end of the paragraph, in line 9, page Mr. COCKRELL. About what? It is all in the discretion of 24, and to insert in lieu thereof the following: the President. That all chattel mortgages e;xecuted in the Quapaw Agency in the n~rth: Mr. PLATT of Connecticut. "Blacksmith and assistants, and ern district of the Indian Territory shall be recorded m the town of Mia.nu tools, iron, and steel for blacksmith shop," and "for education by the clerk of the said northern district of the Indian Territory or his duly appointed deputy in a book or books kept for the purpose: Provided.i That during the pleasure of the President." Those appropriations, in the amount of money appropriated for pay of a phys~ci~n. and to ID!11Iltain the ju

about who should get the contract, and the Indian agent had dis looked and many of these appropriations may continue for years approved of the lease of the Missourian and he had also disapproved and years after all necessity for them has passed, while if we re of the lease of another man who was contesting the claim. Upon quire the President to take affirmative action before the appro application he sent an a!?ent there. That agent investigated and priations are expended, the matter will be considered and invosti· returned and reported that both of the leases should be rejected, gated and passed upon by him, · and that one of them had been obtained by the party going to the Mr. COCKRELL. I had not observed that language iD any Indian chiefs and representatives and giving them $2.50 and S5, other provision. and getting the lease in that way-a valuable mineral lease. Mr. JONES of Arkansas. It is in all of them. Now, if that agent had not been there and those facts devel Mr. THURSTON. I will state to the Senator that we have oped, those Indian lands would have been taken for a mere song, changed the House provision in that respect in all places where simply by purchase; and yet the Senator says they are as capable that phraseology occms. of taking care of themselves as anybody else. If he knew the con Mr. JONES of Arkansas. Every one of them. ditions existing there, and how already some of these Indians have Mr. THURSTON. I will call the Senator's attention to Gne or been swindled out of their lands-lands worth fifteen or twenty two in a moment. dollars an acre, being bought at five and eight and ten dollars Mr. PERKINS. There is one at the top of page 12. an acre-he would not think that they were just as capable of Mr. THURSTON. At the bottom of page 11 we strike out, in t.a.king care of themselves as he is of taking care of himself. the appropliation for the Chippewas, "during the pleasure of the The Senator, if he will take any of the reports of the Commis President" and at the top of page 12 we insert" if directed by the sioner of Indian Affairs, will see, and I am astonished that the President." There are one or two other amendments of the same Senator did not perceive that point, that they have had Indian character in the bill. agents from time immemorial, and he can not find in any Indian Mr. COCKRELL. The Senator moves that as an amendment? bill a mention of it, and yet the money has been appropriated. Mr. THURSTON. Yes. As every Senator living near where Indian nations are knows, Mr. COCKRELL. Let the amendment be acted upon, then. there is a general appropriation from which the salaries are paid; The PRESIDENT pro tempore. The Senator from Nebraska and they are fixed from year to year by the Commissioner of In moves to amend the amendment offered by the Senator from Mis dian Affairs. There is a physician at the Quapaw Indian Agency, souri as will be read by the Secretary. and there has been for years. The Senator can not deny it. If The SECRET..ARY. By striking out, in line 10, on page 23, the he will look at the list he will see that there has been a physician words" during the pleasure of" and inserting" if directed by;" there at $1,000 for years and years, as there have been at many other so as to read: agencies. For education, lf directed by the President, per third article of treaty, etc. All we ask in this matter is that the law of 1899, for the fiscal The amendment to the amendment was agreed to. _ . year 1900, may be reenacted in this clause and that there shall be The PRESIDENT pro tempore. The question now is on the no diminution of the amount paid the physician. If nothing is amendment offered by the Senator from Missouri to the clause. paid him, there will be nothing paid to him. The provision does Mr. PLATT of Connecticut. I understand that the proposed not authorize anything to be paid to him. There is not an appro amendment is to strike out all after the first paragraph. priation in the provision at all. It simply provides that there Mr. COCKRELL. The proviso. shall be no diminution of it. I ask that the amendment may be Mr. PLATT of Connecticut. And to insert what the Secretary agreed to. last read. Mr. JONES of Arkansas. It seems to me the committee had Mr. COCKRELL. To insert that one provision about the re better recede from its amendment and take the law as it stood be cording of deeds. fore than to agree to the amendment proposed by the Senator from Mr. PLATT of Connecticut. I have no objection. Missouri. In the treaty made with the Quapaws some years ago Mr. COCKRELL. And then to disagree to the first part of the there is a provision that, at the pleasure of the President, certain amendment as amended on the motion of the Senator from Ne things should be done among the Quapaws. That bas been re braska. peated time and again. The Senator from Missouri now proposes, Mr. JONES of Arkansas. If the Senator wishes to insert that, if I understand his amendment properly, to for bid that there shall why not put such language in it as will make it permanent? I be any reduction at all of this amount that we are paying at the understand this enactment of law is made from year to year "Qy pleasure of the President. The President may conclude there is this appropriation bill. It seems to me 1t ought not to be kept no necessity for paying this money; he may conclude that there always in the Indian appropriation bill, and if we are going to is no occasion for any of this appropriation to be used; but if the provide for the recording of deeds in the Quapaw Agency, why amendment of the Senator from Missouri is adopted, he must pay not put it in such shape as not to make it necessary to insert the the money anyway, whether he thinks it is unwise or not. provision in every appropriation bill that comes hereafter? I think it is much better to get back to t_he old law and leave Mr. COCKRELL. The only reason was that the Committee on • the matter absolutely within the discretion of the President than Indian Affairs had, I understood, made a rule that they would to go a step further than any other Indian appropriation bill has exclude all legislation, and therefore we had to be content with the ever gone and provide positively that these sums of money shall annual provision. I got that information from the distinguished be paid. . Senator from Arkansas. Mr. COCKRELL. I will amend the amendment by leaving out Mr. JONES of Arkansas. The rules of the Senate exclude all the proviso. legislation from appropriation bills. I thought my learned friend The PRESIDENT pro tempore. The Senator from Missouri from .Missouri had known that for a. great many years. modifies his amendment. It will be stated as modified. It was simply proposed in the Indian Affairs Committee to fol· The Secretary read as follows: low the rules of the Senate and to keep le~lation off of this That all chattel mortgages executed in the Quapaw Agency in the northern appropriation bill; but when the Senator from Missouri insists district of the Indian 'l'erritorv shall be recorded in the town of Miami by · the clerk of the said northern

Mr. COCKRELL. Yes. Mr. PLATT of Connecticut. We have put it in in other places, The amendment was agreed to. wherever it depends on the pleasure of the President. Mr. COCKRELL. Now. I move to amend the other provision Mr. COCKRELL. I do not .find that in any of these places. by the insertion of the clause which has been read. It is all to be done if directed by the President. Now, let us have Mr. THURSTON. Now, let the committee amendment be dis- "if directed by the President," ancI "if approved by the Presi- agreed to, striking out the first part. · dent," put in all of them. • Mr. COO.KRELL. Well, let the committee amendment be dis Mr. PLATT of Connecticut. That is not my motion. agreed to. Mr. COCKRELL. That is the effect of your motion. You put The PRESIDENT pro tempore. Without objection, the com in, in the beginning, "if directed by thePresident," and then you mittee amendment from line 10, striking out the words down to propose to put at the end "if approved by the President." and including the word "Provided," in line 15, fa disagreed to. Mr. PLATT of Connecticut. The Senator is mistaken. Mr.JONES of Arkansas. Not including the word "Provided." Mr. COCKRELL. What amendment did the Senator offer? Mr. PLATT of Connecticut. Not including the word "Pro Mr. PLATT of Connecticut. "If directed by the President" is vided." wbat I proposP.d. Mr. THURSTON. The first lines of the section. Mr. COCKRELL. That is already in. . Mr. JONES of Arkansas. Down to and including the word Mr. PLATT of Connecticut. Not as to blacksmiths; not as to "dollars." in line 15. tools and iron and steel and the bJacksmith shop. If the Senator Mr. THURSTON. The first clause of the paragraph will now will read the language he will see that it refers only to education, stand as amencled by me in the first line. when it ought to refer to the whole matter. The PRESIDENT pro tempore. The amendment bas already Mr. COCKRELL. I have no objection if you put that in like been made which the Senator offered touching the President. it was at the other places instead of putting it right after the Mr. THUR 'TON. Now, as far as the amendment of the Sen words "for education." I do not remember the treaty. I should ator from Missouri is concerned, I have no especial objection to' like to ask the Senator from Arkansas as to whether those things its being adopted, although I must insist upon the proposition depend on the President. that a matter of general legislation1 whether included in an ap Mr. PLATT of Connecticut. Here is the treaty; bead it a little propriation bill or found in any other act of Congress, is a con while ago. tinuing act and rnquires no reenactment, and it lasts until it is Mr. JONES of Arkansas. That is the language of the treatv. repealed. Mr. PLATT of Connecticut. The treaty provides that- • Mr. COCKRELL. Unfortunately, we have thought that in The United Sta.tes also agrees to appropriate $1.000 a year for eaucation.a.l many instances in the Appropriations Committee, and the courts purposes, to be expended under the direction of the President. of the country have decided that the provision fell with the ex penditure of the money. There have been Iecent cases of that That is after the pl'Ovision for the farmer and blacksmith, etc. kind. That iB the reason why I wanted this put so that there Then it proceeds: would be no uncertainty about it. .And the nbo>e aJlpropriation for educational purposes to be continued Mr. THURSTON. That would be true with respect to any only so long as.the President of the U.nited States deems necessary for the provision coupled with the appropriation of money; but tills is a best interests of the Indians. separate and distinct piece of legislation1 having no relation what Mr. COCKRELL. Then transpose the words "if directed by ever to any item of appropriation. the President," inserted by the Senator from Nebraska, and put Mr. COCKREL.L. Let it go in now and then there can be no them after the word" dollars," so that it will apply to tlle whole question. If the Senator is right, no harm will be done. provision. .Mr. PLATT of Connecticut. And let the word" hereafter" be Mr. PLATT of Connecticut. All rlght. inserted, so that we shall not hav-e any further trouble with it. Mr. THURSTON. That will be all right. The PRESIDENT pro tempore. The Senator from Connecticut Mr. COCKRELL. That makes it an right. moves to amend the amendment offered by the Senator from The PRESIDENT pro tempoTe. The Secretary will reaa tho Missouri by inserting the word ''hereafter." The amendment to clause as now modified. the amendinent will be stated. The Secretary read as follows: The SECRET.A.RY. Insert, after the worc1 "that," the word FOI' education, per third article of treaty of May 18, 1833, $1,000; for black "hereafter;" so as to read: smith and .assistants, and tools, iron, and steel for blaoksmith shop, per same Th::i.t hereafter all chattel mol'tgages executed in the Qua.Paw agency,etc. article and treaty, $ii00, in all, $1,500, if directed by the President. The PRESIDENT pro tempore. Will the Senate agree to the Mr. "THURSTON. That iB right. same? Mr. ALLISON. Mr. President, I ask the Senator from Ne The amendment to the amendment was agreed to. braska in charge of the bill- Mr. PLATT of Conneeticut. I understand that the text of the Mr. COCKRELL. The word " hereafter" is inserted in the first portion of this article or section ·or paragraph has been other provision? amended upon the motion of the Senator from N ebraaka. The PRESIDENT pro tempore. It is. Without objection, the Mr. THURSTON. It has. amendment will be agreed to as-modified. Mr. PLATT of Connecticut. I. understand that we disagreed Mr. ALLISON. If this particular amendment is disposed of, I to the committee recommendation striking out that clause. I do ask the Senator in charge of the bill, the chairman of the com not know whether th.at question has been put. mitteE:\, to turn to page 5, that I may ask that the amendment in The PRESIDENT pro tempore. Perhaps it would be as well line 9 on that page may be disposed of. for the Secretary to read to the Senate the section or clause as it Mr. THURSTON. That amendment was passed over. It has now stands. not been acted on. Mr. PLATT of Connecticut. Very well, beginninginline 10. Mr. ALLISON. It is one of the amendments passed over. I The PRESIDENT pro tempore. Beginning in line 10. ask that it may be disposed of now and disagreed to. That agency, The SecTetary read as follows: to my knowledge, is a very important one and essential t;o the In· For education, if directed by the President, per third e.rticle of the treaty dians. of May 13, 1833, $1,000; for blacksmith and assistants, and tools, iron, and steel Mr. COCKRELL. At what page is that? for blacksmith shop, per same article and treaty S500; in all, $1.500. Mr. ALLISON. On page 5, line 9. Mr. PLATT of Connecticut. I should like to insert, after the The PRESIDENT pro tempore. The Secretary will read the word "treaty," in line 14, the words "if approved by the Presi amendment of the committee. dent," or" if directed by the President;" otherwise what is already The SECRETARY. The committee report, on page 5, to strike out in will apply only to education. line 9, in the following words: Mr. TJ;IURSTON. I think that is proper. The PRE ID ENT pro tempore. The Senator from Connecticut At the Sac and Fox Agency, Iowa, $1,000. moves to insert words which will be read. Mr. PLATT of Connecticut. I suppose that that is going to be Mr. COCKRELL. Does not the clause that the Senator has al done with a.11 these amendments where we tried to diminish- ready inserted apply to the whole provision? I understood the Mr. TELLER. That is what I am going to move to do. Sena.tor from Connecticut to take that position a few moments ago. Mr. PLATT of Connecticut. Wetried to diminish the agencies Mr. PLATT of Connecticut. Apparen.tly it does not. · where we thoughttheywere no longer necessary. I suppose they Mr. COCKRELL. I supposed the whole thing was in the dis might as well be all treated a.like. If you get an Indian agency cretion of the President, to be done as the President directed. and an Indian agent, it is just next to impossib1e ever to dispense Mr. THURSTON. The Senator's amendment is to make it clear with one. that the action of the President applies to the whole clause. Mr. ALLISON. I am glad that the Senator from Connecticut Mr. COCKRELL. Then I shall move to insert it at every other concurs with my view respecting this particular agency; but I place. We ought to treat all ahlre. If it is necessary here, it is wish to say to those in charge of the bill that there is no agency necessary in all other places. If it lias got to go in here, I want it provided for in the bill of more importance than the one I askmay to go in other places. be retained. . 1900. ~ /coNGRESSIONAL RECORD-SENATE. '384-3 .... 1\Ir. THURSTON. Mr. President, I should like to sa.y_upon this bill; and that is why the Commissioner of Indian Affairs says that subject that the three agencies which the committee propose to he can dispense with agents at these agencies. It is because tha dispense with are proposed to be dispensed with upon the state duties of the agents can as well be performed by the superiD.tend ment of the Commi sioner of Indian Affairs that agents at those ent. It is provided here in the bill- points are no longer necessary; but so far as I am concerned, when Tbat the Commissioner of Indian Affairs, with the approval of the Secre· a Senator of the State where an agency is located stands upon the tary of the Interior, may devolve the duties of any Indian agency upon the superintendent of the Indian training school located at such agency when floor of the Senate and, in view of the information he ought to be ever, in his judgment, such superintendent can properly perform the duties in possess:ton of locally, states that in his judgment the agency is of such agency. necessary, I certainly shall not stand in the way of continuing the Mr. ALLISON. On what page is that found? appropriation. ])fr. PLATT of Connecticut. That is on page 6. We have a Mr. 'fELLER. I was about to move what the Senator from training school here in this agency; I think there are two or three Connecticut [Mr. PLA.TT] agrees must take place, that all these industrial schools; and while, of course, I do not propose to con~ agencies shall be retained. I should like to have any Senator take tend when Senators come and insist that the agents must be re up the report of the Indian agent in the Quapaw Agency. I do tained, I do want to justify, as far as I may, the opinion of the not believe any Senator here after reading it will agree with the Commissioner of Indian Affairs that there is no earthly use in Commissioner that there is a condition at the Quapaw Agency keeping them. that justifies the abandonment of the agent. Mr. ALLISON. I have no doubt the Commissioner of Indian Be is needed there. He is needed at every agency wherever we Affairs in his testimony before the committee suggested that the haYe had an agent, unless the Indians have died out. You still agent for the Sac and Fox Indians in Iowa could be dispensed need Indian agents. They deal directly with the Government. It with and that the duties of that agent could be transferred to the is the on ly way that the Indian has to reach the Government superintendent of schools there. . proper, and particularly in sections of the country like the Qua l\lr. COCKRELL. I should like to find it. I find here" Indian paw Agency, where they are selling their land, I am sorry to say, appropriation bill, Senate Document 227," report of hearings be and are allowed to do so when the Government approves of the fore the subcommittee of the Committee on Indian Affairs of the sale. The only way the Secretary of the Interior will get any in United States Senate in the consideration of this bill. I can not formation is through some resident agent that will justify him in find any recommendation in t he testimony by the Commissioner either approving or disapproving of an attempted sale of land. I of Indian Affairs for the discontinuance of any one of these agents. think it is very important, and it is worth a. great deal more than 1\Ir. THURSTON. There were many matters upon which we the small amount paid to the agent. I do not know myself of any asked the personal advice of the Commissioner of Indian Affairs, agency in the United States that I think ought to be discontinued who was with us at our sittings, that were not in any manner at the present time, and I am sorry to say that I do not believe reported and do not appear in the hearings. yon can discontinue them for a good many years to come. Mr. ALLISON. The Commissioner of Indian Affairs had that Mr. JONES of Arkansas. The Commissioner of Indian Affairs opinion, I have no doubt, when he appeared before the committee; was before the committee and stated that there was no earthly but I am able to state that on further investigation the Commis rum for these three agencie3; that there was nothing for the agents sioner of Indian Affairs has changed his mind upon that subject. to do except to pay out the small amount of money sometlmes, I will not detain the Senate by stating the condition of the Sac which could be better paid by an agent sent specially for the pur and Fox Indians in Io'va. I hope the amendment will be dis pose, and which could be paid out more economically to the Gov agreed to, and then I desire to offer another amendment relating ernment in that way: and that there was no reason why these to the same Indians. Has the amendment been agreed to? agencies should be continued. That is the reason why I, on the The PRESIDENT pro tempore. The question is on agree\ng to committee. voted that these agents should be dropped out, and that the committees amendment striking out line 9. is the reason why I would like to aee it done now. Mr. ALLISON. I hope it will be disagreed to. So far as the sale of land at the Quapaw Agency is concerned, The amendment was rejected. I confess I know nothing about the facts. I suppose those sales Mr. ALLISON. Now I am going to offer another amezdment. can only take place with the approval of the Secretary of the Inte Mr. PETTIGREW. Let us dispose of the other two agencies. rior. I do not know. Mr. THURSTON. Mr. President~ the same argument needs to Mr. TELLER. That is the fact. be made in favor of all three Indian agencies that has been made Mr. JONES of Arkansas. Then it would be the duty of the Sec in regard to the one in Iowa, and I believe in being fair all around. retary of the Interior to haYe a matter of that sort fairly investi Mr. ALLISON. I quite agree with the Senator. gated whenever a proposition is made to sell land, and I see no Mr. THURSTON. Having disagreed to the committee amend reaEon why we should have a man present to facilitate the Indians ment as to one, as far as I am concerned, I do not intend to insist in getting rid of their lands. It would make no difference to me on the other provisions being stricken from the bill. if there was a. considerable amount of delay and embarrf1Ssment Mr. JONES of Arkansas. I hope, Mr. President, if it is eatab in every application on the part of an Indian to sell a part of his lished, as it seems to be by the action of the Senate, that the fact homestead: If it took a special application made to the Interior that an Indian agent has nothing to do is not a sufficient reason Department and a man had to be sent down to look after it before for abolishing an agency, that the same rule shall apply to all and it could be done, I thinkthat the delay would be more likely to be that all shall be treated alike. productive of justice than injustice; and that it is not necessary Mr. ALLISON. That fact has not yet been established; and if to keep a man with a salary down there for the purpose of recom it is to be discussed here, it will take some time to establish it. mending to the Secretary of the Interior that he shall approve the Mr. JONES of Arkansas. The Commissioner of Indian Affairs sales that are contemplated by certain Indians. There seems to be did state- nothing else for the Indian agent to do except that. 1\Ir. TELLER. I want to say- . Mr. TELLER. TheSenatorfromArkansasaasumesthatlwant Mr. CULLOM. I should like to ask the Senator from Iowa to facilitate the disposal of land. Mr. President, I want to keep The PRESIDENT pro tempore. The Senator from Arkansas that agent there to prevent that very thing from being done. [Mr. JONEsl has the floor. That is what I want the agent there for. If he is the right kind Mr. JONES of Arkansas. I yield to the Senator from Illinois. of a. man, he will prevent it to a large extent; and he will see that Mr. CULLO.l\1. I simply wanted toinquireof theSenator from the Indian who is going to sell his land gets what it is worth, Iowa, who states that he has seen the Commissioner of Indian Af which b ninety-nine cases out of a hundred he never does, unless fairs since this testimony was given-- there is some one there. You may send just as many special agents Mr. ALLISON. I have not seen him, and I have not made that as you please; they have no interest in the Indian. A proper agent statement. gets to have an interest in those people, if he iB the right man. I Mr. CULLOM. But you have heard from 'him. thinkif the Senator will read the report of the agent at the Quapaw Mr. ALLISON. I have heard from him, but I have not seen Agency, he will see that the agent is a desirable man to keep there, him. and that there is as much necessity for him now as there was ten Mr. CULLOM. What I want to know is whether he thinks the or fifteen years ago. provision should be reinstated in the bill? Now, Mr. President, $1,400iswhatwe pay to the Quapaw agent. .Mr. ALLISON. I do not know what his view is as icspects If there were 40 or 50 deeds sent up to the Department and every that. time a deed came to the Department aspecial agent had to be sent, Mr. CULLOM. We ought to get rid of officials who are not it would cost five times that amount before we get through with needed. it. The cheapest thing possible is to keep an agent there, and if Mr. ALLISON. I ask that this amendment may be disagreed to. the right men are appointed, which I am sorry to say is not always Mr. THURSTON. I think all of these three agencies ought to the case, the agent will be a protection to the Indian not only in stand on the same footing. From what we heard in committee, I that particnlar but in many others. believe there is just as much reason for retaining all three as for Mr. PLATT of Connecticut. Now, Mr. President, all that nec retaining any on:e. Therefore I am willing now that the commit essary work for the Indian, if thjg ag~" is dispensed with, will be tee amendment as to the Quapaw Agency and Sisseton Agency perfm.:med by t'he snperintendent of the school there. That is in the may be disagreed to. 3844 CONGRESSIONAL RECORD-SENATE. APRIL 6,

The PRESIDENT pro tempore. Will the Senate agree to the Mr. ALLISON. Article IV is as follows: amendment on page 5, striking out the provision for the Quapaw It is agreed ~hat each of the principal chiefs of the Sacs and Foxes shall Agency, Incl T.? he.reafter receive the sum of $500 annually out of the annuities payable to thSJ .Mr. TELLER. Mr. President- tribe, to be used and expended by them for such purposes a.s theymaythinlt .The PRESIDENT pro temp ore. The amendment is disagreed to. proper, with the approbation of the agent. Will the Senate agree to the committee amendment on page 5, Mr. COCKRELL. Has th~t ever been d~ne heretofore? striking out lines 20 and 21, providing for the Sisseton Agency, ~r: ~ LISON. . It is bei_ng done n~w as to two principal chiefs S. Dak., at $1,500? residing m the Indian Territory, but it has not been done hitherto The amendment was rejected. as to the chief resiCting in Iowa. Mr. TELLER. Is there another amendment relating to the Mr. PLATT of Connecticut. I should like to hear the amend· subject of Indian agencies? ment again read. The PRESIDENT pro tempore. The three amendments on this The PRESIDENT pro tempore. The amendment will be again subject have been disagreed to. . stated, Mr. TELLER. I merely want to say a word in reply to the The Secretary again read the amendment proposed by Mr. Senator from Arkansas [Mr. JONES]. ALLISON. Mr. THURSTON. Will the Senator permit me a moment? Mr. PLATT of Connecticut. If that amendment is divisible I Mr. TELLER. In one minute. wish to raise a point of order to the first part of it. The first p~rt The Senator from Arkansas said, when it is proved that there is of it P!ovides for compulsory In~ian education; that the agent at nothing for an agent to do, we ought to get rid of him. I under a part1Cular school shall be permitted to compel children to attenu stand that. I do not care anything about the personnel of these the school without the consent of their parents. officials. There are none of them in whom I am interested. They Mr. ALLISON. It does not give any power to the agent. do not even belong to my political party. Mr. PLATT of Connecticut. I think it gives the power to the Mr. JONES of Arkansas. I am sorry, Mr. President- Commissioner of Indian Affairs. It is pure legislation, as it seems Mr. TELLER. I know as much about this question, perhaps, to me, and is open to a point of order. If it is, I wish to make it. as the Commissioner of IndianAffairs; I think Ido,aftermylong I do not think the remaining portion of the amendment, which is service and my somewhat intimate acquaintance with those peo for the fulfilling of a treaty stipulation, is open to a point of order. ple. I know enough about the Indians of this country to know The PRESIDENT pro tempore. The amendment is clearly di· that there ie no considerable body of them that do not need the visible. On the point of order- kindly care of this Government, and who do not need somebody Mr. ALLISON. Before the Chair decides, I hope the Senator to see that they are. not defrauded of their rights and imposed from Connecticut will withhold his point of order until I can have upon. There is not a single tribe of them that does not need such read a letter from the Commissioner of Indian Affairs. The a relation between them and the Government as a decent agent amendment was prepared at the Indian Office and sent to me. furnish ea. After the letter has been read, if the point of order is insisted I do not take this position, Mr. President, because I want to upon, I will yield to it. give somebody a place, but because I am familiar with what has Mr. THURSTON. I will say, in reference to the point of order happened under a system that I stood here day after day and against the proposed amendment, that the committee were unani protested against fifteen or eighteen years ago when it was en mous in insisting that points of order should be made to any pro· tered upon-a system of allotment giving to these people lands posed legislation sought to be attached to this bill by amendment, in fee. I knew then, as I said then, and I know now, that unless and the members of the committee on the floor of the· Senate feel the Government gives careful attention to it, just as soon as the in duty bound to interpose the point of order wherever it can Indians can get rid of their lands they will be landless tribes, no properly be made. matter where they live. Mr. ALLISON. I am very much obliged to the committee for Mr. JONES of Arkansas. I am so1Ty the Senator from Colo suggesting that no legislation shall go upon this bill, but I do not rado took offense at what I stated. The Commissione1· of Indian ul!derstand this to be legislation. The paragraph to which I A:ffafrs came before the Committee on Indian Affairs and stated propose to attach this amendment is a paragraph appropriating that no agents were needed at these three agencies, and he stated $14,025 for the support and education of children at the Sac and the reasons why they were not needed. Fox Agency. I understand it to be not only a limit upon the ap. Mr. ALLISON. Did not the Commissioner of Iridian Affairs propriation, but a direction as respects the method of the appro expect that the duties of the agents would be performed by the priation. It is not a permanent statute, but simply a regulation superintendents of the schools? respecting the Indians at a particular school. Mr. JONES of Arkansas. Certain duties. Now I ask that that letter of the Commissioner of Indian Af· Mr. ALLISON. And was not that the reason he gave why fairs may be read, and then if the committee make the point of there was no necessity for these agents? order, and if the Senate shall rnle that an amendment of this char Mr. JONES of Arkansas. Yes, sir; certain duties that were acter is not in order, of course I shall submit to it. required, which would take but little time, were to be performed The PRESIDENT pro tempore. The letter will be read in the by the superintendent of the school, as, for instance, the recom absence of objection. mendation as to whether a sale of land should be ratified or not. The Secretary read as follows: It seems to me to be hardly necessary to keep a man on an annual DEPARTMENT OF THE INTERIOR, salary at the Quapaw Agency to report to the Secretary of the OFFICE OF INDIAN AFFAIRS, Wa.shington, Mm·ch SO, 1900. Interior occasionally as to the prfoe of land which might be dis Hon. WILLIAM B. ALLISON, posed of now and then; but still, I am perfectly willing the Sen· United States Senate. ate shall settle the matter. as it pleases. Sm: In the Indian appropriation act for the fiscal year 1897 there appeared Mr. THURSTON. The number of agents should be changed an item of $J.5,000 for the purchase of a site and the erection of the necessary buildings for an Indian school for the Sac and Fox Indians located near the in the bill. I move, on page 2, line 2, to strike out the word city of Toledo, in Iowa. In pursuance of that authority, a site was secured ''fifty" and insert "fifty-three;" so as to read: near the city of Toledo and 4 or 5 miles distant from the reservation. The necessary buildings have been erected and are admirably adapted for a For pay of 53 agents of Indian affairs, etc. school of 75 to 100 pupils-about the scholastic population of the Iowa Sac and Fox Indians. The school was opened in Octooer, 1898. The enrollment du~ The amendment was agreed to. ing the fiscal year 1899 was 49 pupils, with an average attendance of 30. The Mr. ALLISON. I offer the amendment which I send to the enrollment for the fi:s-st two quarters of the present fiscal year was 48; nver desk, to be inserted after line 8, on page 65. age attendance, 42. The monthly report for February shows enrollment, 81; The PRESIDENT pro temp ore. The amendment will be stated. average- attendance, 31. As you are aware, the Indians living on the Iowa. Sac and Fox Reservation The SECRETARY, On page 65, line 8, after the word" dollars," are in as backward a state as when Columbus discovered America. They it is proposed to add the following proviso: are doubtless further removed from civilization in habits, manners, and cus Provided, That the Commissioner of Indian Affairs is hereby authorized toms than any other tribe under the jurisdiction of this office. Their chiefs and directed to place in said school, established for their benefit, such chil and headmen are bitterly opposed to the education of their children, know· in~ that education means the taking away of many of their own ri~hts and dren of the Sax and Fox tribe of Indians in Iowa, without the consent of par privileges. The Superintendent of Indian Schoolsrecentlymade a visit to this ents or other persons, as in bis discretion should be compelled to attend reservation, and she reports them to be in a state of squalor and savagery. school: .And provided further, That the Secretary of the Interior is directed This reservation is surrounded by the highest types of American civilization, 1:D pay to Push e ten neke qu e, head chief of the Sacs and Foxes of the Missis· almost in sight of two of the most thriving cities in the great State of Iowa. sippi Indians, located in the State of Iowa, $500 per annum during the re This office has ma.de through its agent and superintendent the most strenu mainder of bis natural life, beginning with and including the fiscal year 1900, ous efforts to induce these benighted Indians to patronize the school estab in accordance with the terms of Article IV of thetreatyproclaimedMarch23, lished by Congress for their own peculiar benefit. 1843. Inspector McLaughlin was sent by the Secretary of the Interior for the purpose of persuading them to send their children to school, but his report Mr. ALLISON. The latter portion of the amendment relates mdicates that he made no progress whatever in that direction. Both the to the chief of the Sacs and Foxes now with that portion of the present agent and his predecessor offered every legitimate inducement to tribe residing in Iowa. I have the article of the treaty before me, persuade the parents and others to abandon their old-time prejudices and which I shall not take the time to read. · adopt the ciVi.lizing influences of a school for their children. After two ysars' efforts it seems that this Department is no nearer a solution of th9 Mr. COCKRELL. If there is any agreement, I should like to problem than it was at the outset. And to complicate matters further, on hea1· it read. December 29, 1899, in the matter of habeas corpus proceedings with referene9 1900. CONGRESSIONAL RECORD-SENATE. 3845

to an Indian girl who had l:een placed in this school, it was decided by the school, established for their benefit, such children of the Sac and Fox tribe of Federal court that this office was powerless through its representatives to Indians in Iowa. without the consent of parents or other persons, as, in his continut\ this ~irl in the ~ac and Fox school. 'phe result of t~is decision has discretion, should be compelled to attend school been to intensify the fe.eling of the nonprogressive element agamst the school. Under the present policy of the Department and of Congress, as soon as Mr. PLA.TT of Connecticut. Mr. President, I do not think that the Indian has arrived at that state of advancement when he can be trusted, that relie.:ves the amendment from the point of order. It is not a although partially, with his own material interests, he is urged t-0 accept an allotment. The difficulty of teaching the old Indian, naturally conservative condition or a limitation; it is not a condition under which the and averse to the white man's ways, the value of education with reference money is to be expended, nor a limitation upon the expenditure to that allotment is r eadily ap:parent. On the other hand, such a difficulty of the money. It does not provide that if the children do not at is not met with in the preparation of his child, and therefore I consider it as axiomatic that the duty of the Government requires. if necessary, its strong tend the school the money is not to be paid. I think it is stretch hand to force an ignorant parent to allow his child those advantages which ing very far what we have sometimes al.owed to be done, putting will be not only of absolute benefit to himself, but also an element of safety conditions and limitations upon the expenditure of money. It is, to the perpetmty of its own institutions. .Many of the most enlightened States of this Union are required by the not to use any offensive words, trymg to get around the point of necessities of ignorant pa.rents to enact compulsory school legislation. If order by something that looks very much like a subterfuge. such a course i'1 necessary for the white parents, of how much more impor But while I am on my feet I think I ought to say one word tance is it when dealing with a race of yeople sunk in savagery and hostile to about the proposition that is contained here. This question of their own best interests? Therefore am of opinion that the Government can not prove recreant in its duty by permitting such a blot upon the State compulsory Indian education is a very large question. It has of Iowa as that whii::h is comprised within the limits of this reservation, situ created a great deal of discussion and a good deal of disturbance ated a.midst civilization, enlightenment, and refinement. I am unable, there· among the Indian agencies of the country. Jf we are going to fore, to find a place where remedial measures are more absolutely necessary than in the case in point. enact legislation providing for the compulsory education of the In relation to the Sac and Fox of Mississippi Indians in Iowa, and their atti Indian children, we ought to do it with reference to the whole tude as above outlined toward the school at that place, the propriety of pay country nd not with referenco to a single school. This legisla ing the head chief a pensfon or $500 has been suggested. I firid that the treaty with the Sacs and Foxes proclaimed March 23, 1843 (7 Stats., 597), has the fol tion i or a single school. lowini.r article. e PRESIDENT pro tempore rapped with his gavel. r. PLATT of Connecticut. I am very much obliged to the Mr. ALLISON. Mr. President, I have already read the t aty resident of the Senate for requiring order in the Chamber. I provision. and it need not be again read. The Secretary has know the snbject which I am speaking of now is not one in which the important port.ion of the letter. Senators are interested- From that letter will be seen the real position of the Indian Mr. JONES of Arkansas. It is impossible to hear what is going children at the Sac and Fox Agency, numbering of the school on in the Senate. age about 100. Those Indians, 400 in all, are in the midst of Mr. PLATT of Connecticut. Mr. President, I do not blame a densely populated region in my State, where they formerly Senators for not being interested in this subject, although I wish i·oamed and had their chief station. They were removed by the they were interested in it. United States first to Kansas and afterwards to the lndian Ter As I was saying, this matter of compulsory Indian education is ritory. A portion of them, with one of their principal chiefs, re a very large subject. It has been claimed by some who have the turned from Kansas to their old home in Iowa, and used a large interest of the Indians at heart that we ought to provide by gen portion of their annuities for the purpose of purchasing land in eral enactment that the Commissioner should have power to com that State. They have lived there now for nearly forty years, pel the Indian pupils to attend the Government schools without ' certainly for thirty-five years, in their old home in Iowa. They the consent of their parents. There have been 8ome efforts made purchased this land, amounting to 4,000 acres, in the midst of a in that direction without law, and those efforts have resulted in rich agricultural country. serious disturbances, in which it has been found necessary, I Their living there has been recognized not only by the Indian think, to call out soldiers to repress the disturbances. Certainly Department of the Government, but for many years they have a matter of this magnitude, and about which there is this division i·eceived their per capita portion of the annuities granted to the of opinion in the country, ought not to be app~ied to one single Sacs and Foxes under the various treaties. They have had dur school in the United 8tates, even if the amendment be in order. ing all these years an agent. From the letter which has been There is one other view of this case that I should like to allude read it will be seen that they are in need of an agent, if any Indian to. This is the first time that these appropriation bills have been tribe in the United States is in need of one. The State of Iowa considered by any committee except the Committee on Appropri has no authoritv or control over them, having, at the request of ations. Until this session all appropriation bills, including the the General Government, ceded to the United States its authority Indian appropriation bill, have been considered by one commit over that portion of the reservation of which these Indians have tee; and you will remember, Mr. President, and other Senators pos~ession. will remember, the strenuous objection that has been made here Mr. President, the Commis1:>ioner of Indian Affairs has stated tofore. in this Chamber to taking away any of the appropriation the conditions there. The Government of the United States is bills from the Committee on Approprfations and giving them to the only Government that bas any control over those Indians. the committees that have had charge of the particular subjects, As is stated in the letter which has been read, the district judge like the Committee on Indian Affairs or the Committee on Mili of the United States court, under a writ of habeas corpus, tary Affairs or the Committee on Naval Affairs, etc. The argu has declared that these Indians can do as they will without ment has always been that the other committees would not guard further legislation of Congress. Therefore, the Commissioner of so carefully the appropriation bills as would the Committee on Ap· Indian Affairs has asked that this legislation may l.Je agreed to; proripations, with its great experience and its great disposition to it is legislation which will be executed in the discretion of the keep the appropriation bills within the limit of the rules; and I must Commissioner of Indian Affairs, who is not likely to exercise it confess, Mr. President, thatit comes to meas a surprise, when this arbitrarily or unjustly. committee has insisted that nothing should go on the Indian ap I submit the matter to the Senate, if it is in order, and hope propriation biJl except for the purpose of fulfilling treaty stipu that it will be adopted so that we may see if it is possible to exert lations and carrying out the law, and it has managed to prune it this mild influence over these Indians in the midst of this civil so that practically no money is appropriated except for that pur ized region of Iowa to induce them to attend a school which has pose, that 1t .should be the chairman of the Corumittee on Appro been prepared for them. priations. who, without submitting his proposed amendment to The PRESIDENT pro tempore. The Senator from Connecticut the Committee on Indian Affairs, should come here and propose f"Mr. PLATT I demanded a division of the amendment, and the an amendment which I think is legislation upon an appropriation Ohair held that it waR divisible. bi 1. I trust that the effort of this committee to keep legislation Mr. ALLISON. I have no objection to that. off of this bill will be seconded by the Senate, that we may not The PRESIDENT pro tempore. The Senator from Connecticut open the doors through which all kinds of legislation can find a makes the point of order against the first clause of the amendment. place upon the Indian appropriation bill as they have in times Will the Senator state his point of order? past. Mr. PLATT of Connecticut. The point of order is that the Now, recurring to the question, I say again that I do not think amendment is legislation. the modification of the amendment in any way relieves it from Mr. ALLISON. Then I will modify the amendment by saying the point of order that it is general legislation. in the beginning of it ''in the expenditure of the foregoing appro I make another point of order, Mr. Pre-ident, that no amend· priation." ment shall be received to an appropriation bill-- • Mr. PLATT of Connecticut. I should like to know what the The PRESIDENT pro tempore. The Chair sustains the first amendment now i8. point of order. The PRESIDENT pro tempore. The amendment as modified Mr. PLATT of Connecticut, Then I do not need to make an will be stat ~ d. other, though it is open to another point of order. The SECRETARY. It is proposed, after the word•' dollars," in line Mr. ALLISON. I hope the Senator will be able to show on two, 8, on page 65, to insert the following: three, or four grounds that the amendment is not admissible. I Provided, Thatin the expenditure of the foregoing appropriation the Com want to say one word, the Chair having ruled out the amendment, missioner of Indian Affairs is hereby authorized and directed to place in said as I understand 3846 CONGRESSIONAL RECORD-SENATE. APRIL 6,

The PRESIDENT pro tempore. The fu'st clause of the amend chief has remained silent. He has insisted from time to time that ment has been ruled out. this money should be paid, but it has not hitherto been paicl. I :Mr. ALLlSON. I wish to say a word. if the Senator from Con have insisted several times that it wz.s the duty of the Secretary necticut will allow me. The Senator will bear in mind that for of the Interior to pay this chief out of the annuities. two weeks he has been ab:ent on a great public service. in the dis Mr. JONES of Arkansas. And he has refused to do so? charge of a great public duty, and that it was impossible for me Mr. ALLI:::>ON. He has never done o. to consult him p~ rsona1ly. I did consult the chairman of the :Mr. JONES of Arkansas. He certainly had some reason for it. Committee on Indian Affairs on this amendment, and be said he Mr. ALLISON. I think he may perhaps have had some reason preferred that I shonld offer it on the ft oor rathe1· than that it for it, but I can not see what reason he could have, in view of the should be taken charge of by the committee. I, of course, offered fourth section of the treaty, which has been twice read. it in the best of faith. with a view of trying in a way to relieve Mr. JONES of Arkansas. It may be that the Secretary does not the situation in my State,'"hicb is Yery grievous, I assure Senllto1·s. be~1eve this man is one of the chiefs included in the treatv. The If the ~enator 1rom Connecticut will allow me, I regret, feeling Senate certainly ought to be informed about the facts in the case as he does as respects these Indians and de-iring as he does to pro before it adopts the amendment. mote their ch-ilization, if that civilization can be secured, that Mr. ALLISON. I think so. Undoubtedly the Commissioner now by a point of order he interpo ~ es an impediment to the civi of Indian Affairs has made or will make an investigation of this lization of these four or five hundred lndians who reside in my matter. He has named the principal chief, who I happen to know State and who are under the exclusive guardianship of the Gov is the principal chief of these Indians in Iowa. OI course this is ernment of the United States. I ask that the latter part of the not a matter that should occupy the Senate for a great length of amendment may be rnted on. time; and inasmuch as Senators desire further information, if Mr. PLATT of Connecticut. I should like to say just one word they see fit to vote down the amendment, they may do so. in i·eply to the ·enator from Iowa. I certainly had no intention Mr. PETTIGREW. I sho1Ld like to know how thfa man came of saying anything which would in any way rnffie bis feelings, to be chief, when he was elected chief, and how he came under but tllis amendment ought to have been submitted to the Commit the provisions of the treaty of 18-13, made fl.tty-six or fifty·seven tee on Indian Affairs. years ago. There are a great many chiefs in the State of South l\Ir. ALLISON. I make no point about that. Dakota among the Sioux who would like to be put upon the pay Mr. PLATrof Connecticut. IcertainlyneverhPard of it before. roll of the Government at 8500 a year. In fact, I do not suppose If it had been submitted to the Committee on Indian Affairs and there are many people anywhere who would not like to be placed we had had an opportunity to consider it. it is possible that I on the pay ro ~l of the Government. 'Ihere- certainly bas been might not have made the point of order. But I do think that jn nothing stated that justifies our paying out of the funds of these the consideration of the appropriation bills it is of the utmost con· Indians $300 to this particular Indian. It seems to me that ques· sequence that the rules should be observed. It is of consequence tion ought to be answered before we put him upon the pay roll. in order that imprudent and improvident and improper appropria Mr. THUR8TON. In waiving any objection to this amend tions should not be made and that legislation should not cTeep ment, I think it is only fair to say that if it goes upon the bill, I into appropriation bills; and when an amendment was proposed believe the committee of conference ought to consult with the here of which the committee had never beard, of which I had Department of the Interior as to the underlying facts in the mat never heard, I certainly felt it to be my duty to interpore the ter before passin .~ upon it finally in the bill. point of order. Mr. ALLISON. If the Senator will allow me a moment, I pro- • The PRESIDENT pro tempore. The amendment proposed by po ed this amendment because it was sent to me from the Indian the Senator from Iowa will be stated. Office by the Commissioner of Indian Affairs, who has spoken to The SECRETARY. After the word" dollars," in line 8, page 65, me several times about the importance of this particular amend it is proposed to insert: ment. I assure theSenatorthat 1 havenointerestin it other than Pr01;ided, That the Sdcretn.ry of the Interior is hereby directed to pay to the public good. Push e ten neke que, head chief of the Sac and Fox of Mississippi Indians Mr. THURSTON. I understand that perfPctly. loca.ted in the 8tate of Iowa, S511() per annum during the remainder of his nat :Mr. ALLISON. And in order to secure what they consider a. ural life, beginning with and including the fic;cal year 1900, in accordance with the terms or Article IV of the treaty proclaimed March 23, 1843. peaceable disposition of these Indians in Iowa, who complain be cause this prindpal chief, who is recognized and k"Down as one of Mr. PLATT· of Connecticut. I suppose that wi11 be paid out of the principal chiefs of the tribe, and who is now, I think, about the funds of the tribe, although it does not say so. 'It says in ac 18 years of age, does not receive this sum. lam perfectly willing, cordance with tbe a1·ticle of the treaty, and the treaty provides of course. that this matter shall be thoroughly mvestigated and that it shall be paid out of the funds of the Indians. that it shall be disagreed to in conference unless it is satisfactory, Mr. PETTIGREW. I should like to know more about the and I am willing. more than that, if Senators harn any doubt as nmendment. It appears that this treaty was made in 1813 :md res-pects the facts which I have stated, that the matter may be that undeT its provisions we ha-ve been paying the chiefs of this rejected now. I do not wi'h to impose upon this bill an unJust tribe ever since. provision. Senators seem to doubt the recommendations o · the l\Ir. ALLISON. Not all of them. Committee on Indian Affairs and the suggestions of the Secretary Jifr. PETTIGREW. Now we have a new chief, wbo has been of the Interior. Of cour e I have no particular desire-- dist"overed fifty years or more than fifty years at ter the treaty was Mr. JONES of Arkansas. I wish to sav for one that I have no made. It seems to me it is rather a dangerous preceden~ to be doubt of the statements made by the Senator from Iowa. But I putting men upon the rolls in this way with the little information do think the ~enate has a right to look into and understand the that the Senate has. We might perhaps extend it to a great many facts of any proposition here to put an Indian or anyone else on other tribe>s of Indians. If we bunted up all the old treaties, we the pay rQlls of the Government. It seems. according to the con would find provis;ons for paying chiefs in almost all of them, and I tention of the Senator from lowa, that it has been the duty of the should hke to know more about it. Secretary of the Interior for a great many years to r>ay this man li1r. JONES of Arkanc::as. In addition to what has been sug out of the annuities of these Indians $5UO per annum, as he bas gested by the Senator from South Dakota. I wish to call attention paid it to other Indians; and the reason why he has not done so to the fact that the treaty prondes that the 8500 shall be paid to the Senator does not know. Now, the recommendation comes the chief out of the annuity paid to the Indians. We have been from the Interior Department that there shall be a special provi paying the annuities right along. We have paid a:U _we are u:i~er sion put in the bill here to pay this man $500. If it is to come out obHgation to under the treaty, I presume. and th1s is a provIS10n of the annuities of these Indians, then the Sacre ary has full power that the Treasury of the U mted States shall proceed to pay it now. to act, and I do not see the necessity for .the amendment. I have when there is nothing in the treaty which says it shall be paid out no objection to its goillg into the bill and going into conference, of the Treasury of tbe United States. to be t.aken up and considered. that all the facts may b under· :Mr. PLATT of Connecticut. I think the amendment fairly stood, but I do not want to be understood as criticising the ~ena~ provides for that. ator from Iowa in anything I have said. Mr. ALLISON. I will say to the Senator from Arkansas that Tbere is one thing, in connection with this entire amendment, to the Commissioner of Indian Affairs wrote a letter to the Senate which I wi h to call attention. I refer to that part of the amend· stating what was dne and that the other chiefs were being paid ment which has already gone out and which i not now before the out of the annuities of the trites. Senate. The fact seems to be that Congress approprmted $35,000 Now, this chief has not been paid for the reason that he resides to build a schoolhouse for some Indians somewhere in Iowa, and in Iowa. I think that onght not to be a special objection to him, the attendance was 80 pupils a year. I have for a long time been in view of the fact that he has one portion of the tribe with him irupre sed that we were making large appropriations to put up in our State. school buildings for Indians m many places where they were not Mr. JONE of Ai·kansas. Why has he remained silent for fifty needed; that the vigilance and the activity of gentlemen int.er years and not a ked for it until now? estf din the localities had brought about very large appropriations Mr. ALLISON. The 8ena.tor from Wisconsin [Mr. SPOONERJ to build schoolhouses in a good many places where it would be suggests to me, Why did he remain in Iowa? I do not think this better not to have built them at all, in my opinion. 1900. CONGRESSIONAL RECORD-SENATE. 3847

Now, having spent S.'-35,000 for building a schoolhouse and being we all of us who have been giviug some attention to the Indian unable to get mo1~e than 130 pupils in attends.nee, seems to me, question, and know somethmg about these matters. are entit!_ed, ought to be a reason why we should hereafter look a little more if we choose to differ with the Commissioner of Indian Affairs, to narrowly into propositions of that kind when they ccme before differ with him. I do not think the Uommissioner needs to find the Senate. I am not willing for one, and I hope the time will be fault. and I do not think the committee need to find fault. far distant in the future when the Senate of the United States It seems to me there bas been a little feeling or irritation be· will be will mg to undertake, contrary to the wishes of the parents, cause we do not agree that these three agents should be dispensed to compel children to attend school simply because we build a with. The Senator from South Dakota who repre~ ents one of the schoolhouse. where, probably, it would have been better not to Iagencies, it being within his State. stated that 1t was necessary to have bu"lt one. keep the agent there. You can not read the report of the agent Mr. TELLER. ~Ir. President, it does not seem to me that it in eitherof these two cases without admitting and l1eingcompelled would be any great offense if we scould apply to the Indians ex-1 to admit that there is an absolute necessity and there will be for actly the same rule we apply to our own children. We have in years to come for an a_gent, unless you are to abandon the agent the State of Colorado-and I know there are in many other States- system entirely. It is not enough to say you will turn it over to what we call a compulsory school system by which the pal'ents the superintendent of schools. He is an entirely different officer, are required to send their children to school, or they are subJect with different duties; and the agent should be selected from ad f to a penalty if they do not. That can not be any worse for an ferent class from those who preside over the schools. He shonld Indian than it is for a white man. and it is very much more needed be an executive man. lt is not necessary that he should be a for Indian , as a rule, than for white men. scholarly man always. He shou1 d be an honest man .and of ex· Mr. BERRY. Will the Senator from Colorado permit me to ecntirn ability and with some tact. ask him a quest:on? The agent is needed. I will not take the time to read the report Mr. TELLER. Certainly. of.that agent, which is here on our tables, which shows that these Mr. BE.l{R Y. Is there any provision in the Colorado law which people need the fostering and k"ndly care of the Government, and wi11 take a child by force, contrary to the will of the p'\rents, and are li kely to for mtmy years to come. I think they need a com· force him to attend school? pulsory school law myself. although I would not be in favor of Mr. TELLER. We have never bad to do that. taking the children and carrying them off to a distant place. But Mr. BERRY. There is no law of that character on the statute I would provide a school in their neighbol'hood, and I would com· boo!r. pel parents to send their children there. That is what we ought Mr. TELLER. No; there is not. . to do. Mr. BERRY. I should think not. .Mr. BERRY. Mr. President, I wish to say only a word. I of Mr. TELLER. But in a good many countries there is such a ·course knew that in a number of States of the Union compulsory law. They take up the vagrant boys and vagrant girls and put education is required-that is, if parents fail to send their chi:dren them into ~choo i s. to school, a penalty attaches. But I do not thmk any law bas ever Mr. BERRY. Is there any law in any State in the United beenpassedinthis countrywhichgoestotheextentofthEiamend· States that takes the child by force, contrary to the will of the ment offered, which says: parents. and forees him into school? ~have never heard of a case That theCommissionerofindianA.ifairs is hereby authorized and directed of that kind in the United .States. to place in said school establi.-.hed for their benefit such children of the Sac M.r. TELLER. There arn an abuµdance of cases where they and Fox tribe of lndian ~ in Iowa. without the consent of pa.rents or other arrest children who are found· out of school hours and put them persons, as in hi!; discretion should be compelled to attend school into school. I think such a provision would be oppressive and tyrannical, .Mr. SPOON_ER. If the parent does not do it. and could not be justified or excused by any State or by the J.\Ir. TELLER. As the Senato1· from Wisconsin says, if the National Government. The idea that this Commissfonerin his dis· parent does not do it. I do not suppose we have in Colorado any cretion, and bis only. shall go to a man·s house and contrary to occasion to do that , because we have sent our children to school. his will take his child and force him off into school! I am glad Mr. THDR :5TON. Let me make a suggestion in that line. I that it went out upon th2 point of order, and I hope no such :prop- think there are laws in many States provid ng for compulsory osition will ever pass the Senate. · education. but in regard to the Indians there are two propositions Mr. GALLINGER. l\lr. President, just a word. There are to be considered. One is the possibility of educating them at their two thln~s that I ham listened to in this discussjon which have own agencies, and the other is of taking them from their parents impressed me. One is· the fact that we have Indian children. a and send ng them to a distance. I know of no law that has ever hundred and fifty or more years since we have been endeavoring been proposed m the United ::::itates with respect to Amer;can clill· to educate and civilize them. who are still wild barbarians, appar· drt: n that would take a child away from the home of its parents ently without much hope of ever making them useful citizens. and sen cl it to school. If such is the fact. it seems to me we ought to throw around them Mr. TELLER. I do not understand thatthereisanyproposition every possible safeguard that we can by legislation, and if an of that kind here. Indi..tn agent will help out these children, unquestionably an In· l\1r. ALL · SO~. This Rchool is a.t the agency. dian agent ought to be provided for. M1·. TELLER. This school is where the children live. This Mr. THURSTON. Perhaps I ought to state to the Sen~tor that agency consists of about 2,800 acres of land, and it is small enough we have already passed the amendment restoring the agency. so tbat they can all get to one school if they want to. These ln· Mr. GALLINGER. I understand that. dians beiOng to the once very famous tribe of Sac and Fox of Mis- Mr. THURSTON. And we have also ruled out, on a point of sissippi. We made treaties with them very early in the history of order, the amendment as to compulsory education. Ind1an affairs in this country.long before anybody here was bom. Mr. GALLINGER. That being the case, I am going to speak The ~ e Indians went to lowa in 1~57, abandoning the home tribe, to something that the Senate. I think, unwisely did. which was then located in what is now Kansas. They declined I am very strongly of the opinion. ~1r. President. that in treat to remain in Kansas. They first bought 80 acres of land them- ing with Indian trihes and undntaking to educate and Christian· selves and established themselves on that small piece of land. and ize Indian children we ought to have compulsoTy edncation in from time to time they have added to it until they now have 2,800 every State of the Amerkan Union where there are Indian cbil acres of land. They are wild Indians. They are blanket Indians dren. I come from a State which has a compulsory education to-day. law. Webave in the Uttlecity in whkhl happen to live a.truant I do not care what the Commissioner says about their being able officel', whose duty it is to ascertain what children of school age to live without an agent. They live in wigwams and wickinps, do not go tO our public schools. I am not sure of the extent to and they live just as their ancestorR did fifty years ago. They have which his powe1· goes, or as to whether or not those chHdren can made practiC" ally no progress although living in the midst of civi- be forcibly placed in school, but I know that the parents can be lization. They are somewhat indep"endent. From 185 : ~ to 1867 held to verv strict accountability if they do not see that their they never bad any annuities or help from theGo\·ernment at all. children attend the puulic schools. That being found necessary They took care of them elves the best way they could. Of course for the State of New Hamp ~ hire. I think it is infinitely more nee· Iowa was a new country then. and I suppose there were someoppor· essary for these ba.rbarianchildren who are on our Western plains, tunities. in the way of hunting. etc., that are denied to them now. and who have not seemed to be impressed by education or Chris· But if any people in the United States need an agent more than tianity during the last couple hundred years. any other tribe it is this triLe. I am sorry I was absent from the Chamber when the amend- The committee comp1am because we are unwilling to accept ment went out on a point of order, and I am extremely sorry it their su.irgestion, which they admit they got from the Com.mis- was obnoxious to the rule. I wish it might have been put upon siouer of lnclian Affairs, without any examination whatever into the bill. the facts. I do not desire to do anything that is offensiv~ to the The PRESIDENT pro tempore. The question is on agreeing to committee. This is a \ery excellent bi1L in my judgment. I ap- the amendment proposed by the Senator from Iowa.. prove of everything in it except these things, I believe; but I think The amendment was agreed to. 3848· CONGRESSIONAL RECORD-SENATE. APRIL 6,

Mr. THURSTON. We passed over page 48 of the bill for fur Mr. THURSTON. I liave no particular objection to the amend ther amendment. I propose to amend the amendment by adding ment, if the Senator thinks it is nece sary. what I ~end to the desk. Mr. SHOUP. I have doubt as to its being covered under any The PRESIDENT pro tempore. The Senator from Nebraska other c'ause in the bill. proposes an amendment to the amendment on page 48 of the bill, Mr. JONEB of Arkansas. Iwillaskthe Senatortostatewhether which will be stated. · the clerks are there now at that agency. The SECRETARY. After the word "ninety-seven," on page 48, Mr. SHOUP. I can not state with certainty. I know that one line 15, it is proposed to ins ~ rt: is there now. and I think both. That is my judgment. Such payment to be in full settlement and satisfaction of all claims under Mr. JONES of Ark~nsas. I think there ought not to be any said articles and parngraph. change of the law, because if the agency has been in existence for Mr. COCKRELL. Let the amendment be again read. years and the force has been sufficient to transact the business The Secretary again read the amendment. there certainly ought to be some reason shown here why there· J\lr. ALLISON. 1 should like to ask what rate of interest is should be an increase in the force. The general appropriation for being paid under this amendment and for t.ow long a period. employees in the Department provides for carrying on all the force :Mr. THUR::;TON. There is no interest to be paid under this which is now employed in the Indian service everywhere. section. The use of the term interest is simply to cover the pur Mr. SHOUP. One reason why we neP.d two clerks is because poses for which the award is made. The treaty with the Indians we have a mill there, and the agent will certainly select a man provided that their certain claims should be determined by the who is a miller a-swell as a. useful person as a clerk. Those clerks Senate of the United States. At a pn.vious session of Congress are needed all the time. The Government owns a flouring mill the committee had the claim under consideration, which amounted there, and there is no provision for the payment. to very much more than the award made in this bill. The com- Mr. TELLER. If the Senator will yield to me a moment, I will • mittee took -under consideration the question of the claim and in state that the Secretary of the Interior can select a miller and a terest thereon, and we reached a . conclusion to allow the sum clerk if he chooses, if he has money enough to pay him from the here~n stated, a hundred and eighty-six thousand dollars, in full general appropriation. · · payment for the claims and interest thereon, being but about half, :Mr. JONES of Arkansas. He has a general fund for that pur-· I believe, of what the total amount of the c'aims and interest pose. thereon would have amounted to-about 45 per cent. Mr. TELLER. He can do it if he has money enough. It is The action of the committee was ratified by the Senate in pass· only a question how much money he has. He has the power to ing a bill to pay the amount; and at this scission of Congress in select a clerk and a miller, and all that. committee we felt constrained to hold that the action of the Sen Mr. PLATT of Connecticut. I do not think we have a pro ate heretofore taken was a determination of the award and a fix vision in this bill for the employment of a clerk of an Indian ing of the amountunderthetermsof the treaty. We have there agent. fore included an appropriation in full for payment of these claims Mr. THURSTON. We have no such provision at all. ancl interest in the amount named in the section. Mr. JONES of Arkansas. Not one. Mr. ALLISON. That is to say, the whole amount is in execu· Mr. THURSTON. The Idaho Agency will be left the same aa tion of a decision of the Senate. all the others. . · Mr. THURSTON. Of the Senate. Mr. TELLER. I do not think you will need the provision. Mr. ALLISON. As respects the amount due under the treaty. The PRESIDING OF.flCER. -The proposedamendments will .Mr. THURSTON. Under the treaty. be read. The Secretary omitted to state the increased amount. The P.RESIDING OFFICER (Mr. GALLINGER in the chair). The SECRETARY. On page 37, line 7, after the word '•physician" 1 The question is on agreeing to the amendment proposed by the strike out "81,000" and insert • and 2 clerks, $2,800," so that the Senator from Nebraska to the amendment of the committee. paragraph, if amended, would read: The amendment to the amendment was agreed to. For support and civilization of the Nez Perce Indians in Idaho, including The amendment as amended was agreed to. pay of physician and 2 clerks, $2,800. Mr. SHOUP. I offer an amendment. which I send to the desk. The SECRETARY. On page i37, line 7, after the word '•physician," The PRESIDING OFFICER. The question is on agreeing to it is proposed to insert "and two clerks;" so as to read: the amendment submitted by the Senator from Idaho. For suvport and civilization of Nez Perce Indians in Idaho, including pay The amendment was rejected. of physician and two clerks, Sl,OUO. Mr. TELLER. I gave notice of two amendments that I would Mr. THURSTON. I should like to hear the Senator from Idaho propose. I heard the chairman say that he was instructetl by the , upon that point. I do not recall that this proposed amendment committee not to allow anything savoring of legi1Slation to go on has been submitted to the committee or passed upun. the bill. I have two amendments of considerable importance, in Mr. SHOUP. I will say to the Senator that it was presented to which some people in my State are particularly interested. They the committee in the House and overlooked. are both practically the same thing, proposing to amend the act Mr. JONES of Arkansas. Before the Senator from Idaho pr'e 43, and to insert: Secretary of the Interior as Choctaws entitled to allotment. · 0 The PRESIDENT pro tempore. The proviso which has just A commission for each town in said Choctaw, Chickasaw, Creek, and Cher been read is proposed to be inserted after the words" the Interior" okee nations, to consist of one member to be appointed by the executive of such nation, who shall not be interested in town property other than his instead of the word " final." home, one member to be appointed by the Secretary of the Interior; and if Mr. JONES of Arkansas. Yes, sir. the executive of the nation fails to select members as aforesaid, he may be Mr. ALLISON. Mr. President," I do notwishtomakeanypoint selected and appointed by the Secretary of the Interior. The agreement of any two members of said commission as to the market value of any lot shall about this amendment, but I call the attention of the Senator constitute a determination thereof, subject to the approval of the Secretary from Arkansas to the fact that this is legislation, making Choc of the Interior, and if no two of said members are able to agree the matter in ta ws 01 people who are not now Choctaws. dispute shall then be determined by such Secretarr: Provided,furlher. -That the council of auv city or town in either of said nations may, in its discretion, Mr. GALLINGER. It 1S legislation pure and simple. and at the Pxpenieof such city or town, proceeditselftocausesuch city or town :Mr. JONES of Arkansas. Mr. President, this whole section is to be surveyed and platted as 0ontemplated in said sections 15 and :t9 of said a provision for the enrollment of these Indians. The present act approved June 28, 1898, entitled "An act for the protection of the people of the Indian Territory, and for other purposes," and file the plat thereof as Dawes Commission has already enrolled all of the .Mississippi therein directed, which shall be subject to the approval of the Secretary of Choctaws. The provision is that in making the enrollment of the the Interior. balance of the Choctaws so many of the Mississippi Choctaws as As soon as the survey and plat of any town is approved the commis;;ion for such town shall, with all -prope.r dispatch, proceed to make the appraise shall in good faith move to the Choctaw country before the final ments of the lots and the improvements thereon in manner as provided and settlement under the laws. as they exist nuw, shall be enrolled as. prescribed in said sections 15 and 29 of said act approved June 28, 1898, and Choctaws; and so far from being any violation of the rules in any file their report with the Secretary of the Interior: Pl"O'IJided, further, That sense it is in exact compliance with what the bill is doing. if, at the expiration of six months from the aµproval of this act, being the time allowed for the city or town couucil to exercise the option to survey and l\Ir. ALLISON. :Mr. President, this is legislation amending leg plat, any town has not been surveyed and platted as herein provided, tho islation. Through the persuasion of the Indian Affairs Commit authority of the town or city counci1 to surver and plat the same shall the.n tee a year or two ago we put some legislat10n upon the Indian cease. and the powers in relation thereto shal devolve upon the commission for such town, who shall cause the same to be surveyed and platted, and appropriation bill at that time authorlZing the enumeration of make their rE)port thereon, as well as the report of the appra.isement thereof, the Choctaws in Mississippi, without in any sense providing for through the United States Indian inspector for the Indian Territory, to the their status when enumerated. Secretary of the-Interior for his approval. The commissioners for unincor porated.towns shall proceed with due dlligen~ to survey, plat. and appraise It is well known that these Choctaws have a large estate which such towns, and make their reports thereon as herein contemplated. is either a tribal estate or at some time, if the tribe is abolished, All towns and villages which at the approval of this act, or that may, prior will become the individual estate of the Choctaws in the Indian to the allotment of the land on which the same may be situated, have a popu lation of 100 or more. shall, for tbe purposes of this act, constitute a town. Territory. The Choctaws who have lived in Mississippi, by no That the Commission to the Five Civilized Tribes is hereby authorized, law that I know of, are now entitled to become part owners and upon application by any interested parties, to set aside and reserve from al holders of that tribal estate, either individually or collectively. lotments to individual citizens of the Five Civilized Tribes any lands in the Choctaw, Chickasaw, Seminole, Creek, or Cherokee nations, in the Indian Ter· If I understand the amendment proposed by the Senator rrom ritory, not exceeding 160 acres in any one tract, at such points as may be Arkansas, it is an amendment to allow people who are Choctaws, founO. necessary and desirable for town-site purposes, on tbe line of any rail or of the Choctawti·ibe, to remove from Mississippi now, and it road which shall be constructed in the Indian 'ferritory prior to allotment. Such town sites shall be selecterl, surveyed, and platted, and lots disposed of authorizes this commission, after they have moved -there, to en for the benefit of the tribe, under rules and regulations prescribed by the roll them as though they had a'ways lived there under the treaty, Secretary of the Interior. and thus entitle them to a participation in this tribal estate. It shall be unlawful for any person to sell or attempt to sell occupancy I may be mistaken as to the purport and effect of this amend rights to lots in any town of said nations which may be reserved from allot ment under the provisions of this aC't, or to settle or attempt to settle any ment, but if that is not the purport and effect of it, why is it that lands as towns until the same shall have been set apart for town-site pur the Senator proposes now to put upon the roll of the tribes in the poses as hereinbefore providell. or as otherwise expressly provided bylaw. Indian Terntory Choctaws who have not been there for the last Nothing in the said act of June 28. 1898, or in this act. shall be held to re quire that town-site limits established in the course of laying out and di~fos fifty years, or thirty y~ars, and who have now no right to partici ing of town lots and the corporate limits of towns. if incorporated, sb.al be pate in the property of the Choctaw tribe of Indians? coextensive. and such town-site limits and corporate limits, respectively, Mr. JONES of Arkansas. - Mr. President, the Senator from Iowa shall be so established al'! to best subserve the then present needs and the rea sonable prospective growth as the same may appear at the times when such has been so much a t1sorbed ingreatpoliticalquestions which nec limits are respectively established. · essarily come before him for consideration in the Committee on In the disposition of unimproved lots unde1· the town-site laws in said 3850 CONGRESSIONAL RECORD-SENATE. - APRIL 6,

Territory the cash payment of 25 per cent of the purchase price shall be re· county of Hartford and State of Connecticut, in the place of S. J. quired in all instances at the time of sale, and the balance shall be required to be paid in equal annual installments. Lyon, whose commission expired l\Jarch 27, 1900. Charles T. Welch, to be postmaster at Windsor, in the county Mr. THURSTON. Mr. President, this amendment, and per of Hartford and State of Connecticut, in the place of S. E. Phelps, haps one or two others that will be proposed, may lead to some whose commission expiJ:ed January 15, 1900. discussion. I feel that we baYe made good progress with this bill. Frank M. Cauger, to be postmaster at Granite. in the county of I was about to suggest that if there was no other business of im Madison and State of illinois, the appointment of a postmaster portance before the ~enate I would move to adjourn. for the said office having, by law, become vested in the President Mr. ALLI:::50N. · Be ore that motion is put. I desire to reserve on and after AprH 1, 1900. the right to make the point of order on the amendment which has Elmer E. Smith, to be postmaste1· at Clayton, in the county of just been read. Adams and State of lllinois. in the place of J.B. Coe, whose com l\fr. GALLINGER. The Senator yields to me before making mil-;sion expired December 11, 1898. his motion. I understood him to say. John R. Snook, to be postmaster at Altamont, in the county of Mr. THUR::;TON. Certainly. Effingham and State of Illinois. in the place of T. G. Boyer, whose MARIE J. BLAISDELL. cqmmission expired .April 2, 1900. Mr. GALLINGER. I ask unanimous consent for the consider Hugh S. Espey, to be postmaster at Rising Sun, in the county ation at this time of the bill (S. ~0 7 5) granting an increase of .pen of Ohio and State of Indiana, in the place of David S. Wilber, sion to Marie J. Blaisdell. removed. · There bein!? no objection, the Senate, as in Committee of .the W~nfield S. Hunter, to be poi:itmaster at Jasper, in the county of Whole, proceeded to consider the bill, which had been reported Dubois and State of Indiana, in the place of Sebastian Anderson, from the Committee on Pensions with amendments, in line 6, after i·emoved. the word ••nur e, ''to insert •Medical Department, United States Hemy Frank Radcliff, to be postmaster at Pierceton, in the Volunteers;'' and in line 8, before the word'' dollars," to strike out county of Kosciusko and State of Indiana, the appointment of a ''thirty" and insert "twenty-four; ' se a~ to make the btll read: postmaster for the said office having, by law, becomeyested in the Be i t enacted. etc., Th'lt the Secretary of the Interior be. s.na he is hereby, Pre ident on and after Apri~ 1, 1900. authorized and directed to place on the pension roll, subject to the provisions Victor Nelson, to be postmaster at Gowrie, in the county of and lilliitations of the pension laws, the name of Marie J. Blaisdell, late army nurse, Medical Depar tment. United States Volunteers, and pay her a pension Webster and State of Iowa, the appointment of .a postmaster for at the rate of $2! p er month in lien of t ha.t she is now r eceiving. the said office having, by law, become vested in the President on The amendments were agreed to. and after April 1, 1900. The bill was l"eported to the Senate as amended, and the amend Fredrick L. Wellman, to be postmaster at Monona, in tbe ments were concurred in. county of Clayton and State of Iowa, the appointment of a po~t- · The bill was ordered to be engrossed for a third reading, read master for the said office having, by law, become vested in the the third time, and passed. President on and after April 1, 1900. Henry A. Pope. to be postmaster at Milton, in the county of Al\IEND21ENTS TO INDIAN APPROPRIATION BILL, Norfolk and State of Massachusetts, in the place of Henry A. J\Ir. PETTIGREW. 1 offer the amendment which I send to the Pope, whose commission expires April 23, 1900. (Reappointed.) desk, to the Indian appropriation bill, and ask that it may be William J. Ingersoll, to b~postmasterat Mayville. in the county printed and lie upon the table. of Tuscola and State of Michigan, the appointment of a postmas Mr. PLATT or Connecticut. Let the proposed amendment be ter for the said office having, by law, become vested in the Presi read. dent on and after January 1, 1900. The PRESIDENT pro tempore. The proposedamendmentwill Carlton Graves, to be postmaster at Aitkin, in the county of be read. Aitkin and State of Minnesota, in the place of William B. Gwath The SECRETARY. On page 52, line 23, strike out all of line 23 mey., whose commission expires April 25, 1900. after the word·• hereby," and all of lines 24 and 25, and insert: Eugene S. Wooldridge, to be postmaster at Stewartville, in the Grant.ed the right to a patent to the land so entered upon the payment to county of Olmsted and State of Minnesota, the appointment of a the local land officers of the usual and customary fee~ and no other or further postmaster for the said office having, by law, become vested in the charge of any kind whatsoever shall be required from such settler to entitle PrPsident on and after April 1, 1900. him to a patent for the land covered by his entry. All sums due any Indian tribe sball be paid by the United States. Charles L. Dix, to be postmaster at Forestville, in the county of That if the funds derived from the salo of public Jand8 sha.ll not be suf Chautauqua and State of New York, the appoin mentof a post ficient to meet the payment heretofore proVlded by an act of C'.ongress ap master for the said office having, by law, uecome vested in the proved August 30, 1890. for the more complete endowment and support of President on and after Apr1l l, H100. the college for the benefit of agriculture and mechanical arts as per a.ct of Congress of July 2, 11:>62, such deficiencies shall be paid by the United St:i.tes. Charles H. Parker, to be postmaster at Macedon, in the county of Wayne and State of New York, the appointment of a post The PRESIDENT pro tempore. The amendment will be printed master tor the said office having, by law, become vested in the and lie npon the table. President on and sfter April 1, 1900. Mr. JO.NES of Arkansas. I present an amendment intended to James H. Smith, to be postmastQr at Franklinville, fa the county be offered to the Indian appropriation bill, which I ask to have printeu and lie upon the table. of Cattaraugus and State of New York, in the place of Christopher Whitney, whose commission expired ~ Jarch 3, 1900. The PRESIDENT pro tempore. The amendment will be re :Martin B. A11en, to be postmaster at Honesdale, in the county ~eived, ordered to be printed, and lie upon the table. of Wayne and State of Peunsylvania, 1n the place of Mary E. EXECUTIVE SES8ION. Gerety. whose commission expires April 25, l90U. Mr. THURSTON. I move that the Senate proceed to the con William E. Scott, to be postmaster at Jeannette, in the county of sideration of executive business. Westmoreland and State of Pennsylvania. in the place of Joseph 'l'he motion was agreed to; and the Senate proceeded to the con A. Bing, whose commission expired March 23, moo. sideration of executive busine~s. After six minutes spent in ex E. H. Clark, to be postmaster at Victoria, in the county of Vic ecutive session the doors were reopened. and (at 5 o'clock and 18 toria and State of Texas, in the place of F. C. Grothaus, California, in the place of W. A. PRO.MOTIONS IN THE ARMY-INFANTRY ARM. Bucknam, whoas commission expired March 27, 1900. John Lemasters, to be postmaster at Kern. in the county of To be captains. Kern and State of California. the appointment of a postmaster for First Lieut. Charles Miller. Sixteenth Infanty, February 2, 1900. the said office having, l>y law, become vested in the President on First Lieut. John R. Seyb urn. Eighth Infantry. February 3, 1900. and after April 1, l!JUO. First Lieut. Truman O. Murphy, Tenth Infantry, February 5, George P. Edwards, to be postmaster at Collinsville, in the 1000. 1900. CONGRESSIONAL RECORD-HOUSE. ::J851

To be ·ffrst lieutenants. The Clerk, proceeding with the reading of the bill, read as follows: Second Lieut. Charles E. Morton, Twenty-second Infantry, Feb All persons holding office in the Hawaiian Islands at the time this act takes effect shall, except as herein otherwise provided-. continue to hold their re ruary 2. 1900. spective offices until such offices become vacant., out not beyond the end of Second Lieut. Van Leer Wills, Twelfth Infantry, February 3, the first session of the senate of the Territory of Hawaii unless reappointed 1900. as heret-n provided. Second Lieut. Ethelb.ert L. D. Breckinridge, Seventh Infantry, Mr. ROBINSON of Indiana. Mr. Chairman, I have an amend- February 5, 1900. ment which I wish to offer. Second Lfout. Garrison Mccaskey, Twenty-fifth Infantry, Feb The CHAIRMAN. The Clerk will report the amendment. rnary 11, 1900. The Clerk read as follows: POSTMA.STER. Amend by striking out lines 8, 9, 10.11, 12, and 13~ on page 86, and insert: "All personsbolchngofficein the Hawaiian Islanas atthe time that this a.ct William W. Lowry, to be postmaste1· at Auburn, in the county takes effect shall continue to hold their respective offices until their succes of Sangamon and State of Illinois. sors are appointed and qualified, but not beyond the end of the first sess:on ·or the senate of the Territory of Hawaii unless reappointed as hereinafter provided." Mr. ROBINSON of Indiana. The only pu11>o~e of the amend- · HOUSE OF REPRESENTATIVES. ment is to provide that the officers shall hold until the expiration FRIDAY, April 6, 1900. of the first terlll of the senate, and, as I think, is in better lan ~uage and 1 'open to misinterpretation than the language of the The House met at 12 o'clock m. Prayer by the Chaplain, Rev. bill. H. N. COUD&"i, D. D. Mr. OX. I think that is already covered by the language of The Journal of yesterday's proceedings was read and approv d. the · l. r. ROBINSON of Indiana. But the chairman of the com.mit GOVE.R.~11E~T FOR HAWAll, e will see that the language used in the section might be open l\fr. KNOX. Mr. Speaker, I move that the House now resolv to some misinterpretation. and it is only to prevent that that this itself into Committee of the Whole House on the state of the Union amendment is proposed. It has been Rubmitted to the members for the further consideration of Senate bill 222, to provide a gov of the committee on the other side and is satisfactory to them. ernment for the Territory of Hawaii. The amendment was agreed to. The motion was agreed to; and accordingly the House resolved Mr. NEWLANDS. I offer the amendment which I send to the itself into Commit.tee of the Whole House on the state of the Union, desk. with Mr. MOODY of Massachusetts in the chair, for the further The Clerk read as follows: consideration of the bill S. 222. Amend section 80 by adding: The CHAIR.MAN. The House is now in Committee of the "It shall be the duty of the surveyor to report annually to the Department Whole on the state of the Union for the fUl'ther consideration of of Labor and to the governor of Hawaii and legislature, the area in acres of all holdings not less than 100 acies in extent, whether by grant, lease, or Senate bill 222. otherwise, of agricultural land in Hawaii; by whom owned or held. the charac Mr. McRAE. Mr. Chairman, I move to strike out of section ter of the cultivation, the number of laborers employed on each holding, the BO, Jines 13, 14, and 15. beginning with the word" except," in line n::i.tionality of the laborers. the daily, weekly .or monthly wage ~ paid. and such other information as the Department of Labor may prescribe. And it 13. and ending with the word" only,'' in line 15. shall be his duty to call on all such holders of agricultural lands for such Mr. SHAFROTH. That section has been stricken out. Wl.'it ten statements a.s may be pre cribed by the Department of Labor. Any The CHAlRMAN. The effect of the proposed amendment by failure to make such a statement by any person or corporation shaU subject such person or corporation to a penalty of 100 for each and every refusal; to the gent eman from Arkansas could not be heard at the desk. be collected and enforced by the government of the Territory of Hawaii in Mr. McRAE. It is to strike out. in lmes 13, 14, and lJ, on page the courts of Hawaii." 85, of section 80, beginning with the word "except/' in line rn, and ending with the word .. only," in line 15. Mr. NEWLANDS. Mr. Chairman, the purpos~ of this amend ment is to obtain statistical information relating to the agricul Mr. ROBINSON of Indiana. 0 That section has been defeated. The CHAIRMAN. The Chair is informed that that section tural lands in Hawaii and the labor employed upon those lands. has been stricken out of the bill by an amendment heretoiore The population of those islands consists of 60,000 Asiatics, 40,000 adoptPd. Kanakas, 13,000 Portuguese, and about 8,000 other whites. We Mr. McRAE. The whole section? can readily understand that if the entire legjslation of those is Mr. SHAFROTH. All except the last paragraph, and in lieu lands drifts into the hands of the landed class, we shall have there thereof the Senate section has been adopted. a republic in name only. Mr. KNOX. That was done last night. I take it, the purpose and aim of our· legislation is to increase Mr. McRAE. Did the amendment of the gentleman from Col the immigration of free white persons to those is~ ands; and our orado cover all of the section? duty is to obtain such statistic I information upon this subject as Mr. SHAFROTH. It took in all of section 80 down to the will enable us to legislate upon it intelligently hereafter. At pres eighth line of page 86, and in lieu thereof it inserted the Senate ent the labor there is mainly the labor of Asiatics. There is no section. reason why white labor should not be employed in those islands. Mr. McRAE. Then, Mr. Chairman, I withdraw my amend- The Portuguese and the Italians are excellent laborers ina climate ment. of that kind. Mr. MONDELL. Mr. Chairman, I have an amendment to offer. We have had a large experience with both these classes of labor, The CHAIRMAN. The Clerk will report. ers upon thePac·fic coast, andwehavefonnd themexceedingJyeffi, The Clerk read as follows: cient. Most of these people who come to this country are poorly educated, but their children unrler our free·school system acquire Insert, before the word u all" in the eighth line of page 86. the following: an education and b~come intelHgent citizens, exercising the dnties "All officers appointed under the provisions of this se('tion shall be citizens of the Territory of Hawaii." of dtizenship consistently with the spirit of our institutions. Now, it seeUlS to me that if we can encourage that hind of immi · Mr. MONDELL. Mr. Chairman, the proposed amendment fol gration and discourage Asiatic immigration, we shall march a lows the amendment made last evening on motion of the gentle: long ways in the line of making the Hawaiian government a re man from Co orado for the appointment of certain officers, and public in spirit and e-sence as well as. in form. provides in effect that the judges of the supreme court, the circuit Of course we do not want to interfere with vested rights there. courts, the attorney-general. the treasure1-, the commissioner of Nordowewish tointerfereignorantlywitb the conductof business public lands, the superintendent of agriculture. the superintend there. But the purpose of this amendment is to securn this sta ent of public works, the superintendent of pub'.ic construction, tistical information which will enable the legislature of Hawaii to auditor, deputy auditor, surveyor, high sheriff, members of the act, and if it does not act wisely, will enable Congress itself to act board of health, commissioner of public instruction, board of on th:s subject. prison inspectors, boa1·d of registration, inspectors of election, and Mr. WHEELER of Kentucky. Allow me to say to my friend other boards shall be citizens of the Territory of Hawaii. from Nevada that if I co1-rectly caught the reading of this amend Mr. ROBINSON of Indiana. Dqes it provide that the circuit ment, I do not think that under it the government of Hawaii court judges shall be citizens of Hawaii? would be enab ed to collect the penalty prescribed. Unless we Mr. MONDELL. It does. Itprovidesthatall tbeofficersmen shall more definitely define the violation of law and prescribe the tioned in the amendment adopted yesterday afternoon shall be mode of co.Iecting the penalty, I thlnk the surveyor m1ght ignore citizens of the Territory of Hawaii. this provision and there cm d be no recourse to the courts. · Mr. KNOX. Mr. Chairman. I will state that the committee has Mr. NEWLANDS. The amendment provides that the Depart no objection to that amendment. . ment of Labor shall prescribe the form of statement required The CHAIRMAN. The question is on agreeing to the amend from those holding agricultural lands: and it is made the duty ment offered by the gentleman from Wyoming (Mr. MONDELL]. of the surveyor to exact such a statement; and any failure or re The amendment was agreed to, fusal on the part of a holder of agricultural lands to make such a

OONGRESSIONAL RECORD-SENATE. APRIL6, of North Dakota, Favoring the Enactment of a Dause in the Ha­ the PRESIDENT Pro Tempore

OONGRESSIONAL RECORD-SENATE. APRIL6, of North Dakota, Favoring the Enactment of a Dause in the Ha the PRESIDENT Pro Tempore