NA3 was North Csrolina M.I St* t Ubr Hale- t
COMPREHENSIVE PLAN VOLUME I
POPULATION AND ECONOMY STUDY
Eastern Band of Cherokee Indians
L Report No * 3. Recipient s Catalog No. STANDARD TITLE PAGE I
FOR TECHNICAL REPORTS I 4. Title and Subtitle 5. Report Date I 22 19 74 Comprehensive Plan- Volume Julj fJ Population and Economy Study 6. Performing Organization Code Eastern Band of Cherokee Indians 7. Authons) 8. Performing Organization Rept. No. E. B.C.I. Planning Board - June Myers 9. Performing Organization Name and Address 10. Project/Task/Work Unit No. N.C. DEPT. NATURAL & ECONOMIC RESOURCES DIVISION OF COMMUNITY SERVICES 11. Contract/Grant No. P.O. BOX 27687 - RALEIGH, N.C. 27611 CPA-N. C. -04-19-10 35 12. Sponsoring Agency Name and Address 13. Type of Report & Period Covered Department of Housing and Urban Development 451 Seventh Street, S.W. Final
Washington, D.C. 20410 14. Sponsoring Agency Code
15. Supplementary Notes
16. Abstracts The Population & Economy Study of the Eastern Band of Cherokee Indians is the fundamental element of the Tribe's comprehensive Planning Program and is the first, volume of a series of studies and plans. This study provides a statistical basis for the Tribal Government's decision making process The objective of this study is to review,, analyze and project such factors as population trends, changing social and economic characteristics and growth indicators
17. Key Words and Document Analysis, (a). Descriptors
17b. Identifiers/Open-Ended Terms
17c. C0SATI Field/Group
18. Distribution Statement 19. Security ClassfThis Report) 21. No. of Pages UNCLASSIFIED 188 ^.Security Class. (This Page) 22. Price UNCLASSIFIED Form CFSTI-35 (4-70)
POPULATION & ECON3MY STUDY
EASTERN BAND of CHEROKEE INDIANS
PREPARED FOR: Eastern Band of Cherokee Indians John A. Crowe, Principal Chief Leroy Wahnetah, Vice Chief Jerome Parker, Advisor
Tribal Council Joe Bradley- Jonathan Ed Taylor Gerard Parker Edmund Youngbird Bertha Saunooke John Young Tom Bradley Wilbur Sequoyah Bill Ledford Dan McCoy Bailey Coleman Albert Martin
PREPARED BY: Cherokee Planning Board Joe Bradley Jim Cooper John A, Crowe Bill Ledford June Maldanado Dan McCoy Frell Owl Bertha Saunooke Arnold Wachacha
Bob Blankenship, Executive Director Patricia Smith, Secretary
TECHNICAL ASSISTANCE PROVIDED BY: The State of North Carolina Department of Natural & Economic Resources James E, Harrington, Secretary Division of Community Assistance Robert S, Ewing, Director Community Services Section Harold E Strong, Chief
Western Field Office, Asheville, N. C. Michael Geouge, Chief Martha Ramsey, Asst, Field Office Chief June Myers, Planner- in- Charge Herman Rector, Draftsman Jim Thompson, Draftsman
The preparation of this report was financed in part through an urban grant from the Department of Housing and Urban Development, under the provisions of Section 701 of the Housing Act of 1954 as amended. Digitized by the Internet Archive
in 2012 with funding from LYRASIS members and Sloan Foundation
http://www.archive.org/details/comprehensiveplav1cher TABLE of CONTENTS
INTRODUCTION
Methodology
CHAPTER #1 - Population Past
Chronology of Population Estimates 5
Reliability of Sources 17
Indians Variously Defined 18
CHAPTER #2 - Population Pres ent and Future
Overview 21
Geographic Subdivisions
Population by County 27
Population by Community and County 28
Ethnic Composition of the Eastern Cherokee 29 Reservation
Age of the Population 41
Births^ Deaths and Population Projections 46
CHAPTER #3 - Social Characteristics
Overview 51
Marital Status 53
Household Composition 54
Fertility Rates 54
Presence of Children 57
CHAPTER #4 - Incidence of Poverty
Definition of Poverty 59 TABLE of CONTENTS (Continued)
Page Number
General Poverty 61
CHAPTER #5 - Education and. JCncome
Chronology of Educational Developments 67
Educational Status 71
Income 80
CHAPTER #6 - Employment
Occupation 87
Labor Force 90
Employment Status 90
Weeks Worked 92
CHAPTER #7 - fast___Economy_
Beginning of Changes 97
The Gadugi 100
A New Economy 102
The Economy Falls 104
Rebuilding the Economy 106
CHAPTER #8 - Economy Present
Industry 111
Business 121
Agriculture 134
Timber 137
Fish and Game Management 140 TABLE of CONTENTS
(Continued)
CHAPTER #9 - Summary and Recommendations
Summary 143
Recommendations 146
APPENDIX A
The Cherokee Tribal Government 151
APPENDIX B
Establishment History 167
APPENDIX C
Lloyd Welch Constitution 175
APPENDIX D
1889 Cherokee Charter and 1897 Amendment 185
APPENDIX E
Tribal Government Organization Chart 195 . .
TABLES
Page Number lo Age of the Population - Males? Eastern Eand of Cherokee Indians, North Carolina and the United States, 1970, 42
2, Age of the Population - Females? Eastern Band of
Cherokee Indians 8 North Carolina and the
United States, 1970 o 43
3, Indian Infant Deaths,, by County of Residence, Eastern Band of Cherokee Indians, 1965-1972 5
4, Marital Status of the Population - Eastern Band of Cherokee Indians, North Carolina and the United States, 1970 52
5o Social Characteristics - Eastern Band of Cherokee Indians, North Carolina and the United States,, 1970 Relationship to Head of Household 5 5
6e Social Characteristics - Eastern Band of Cherokee Indians, North Carolina and the United States, 1970. A Children Ever Born (Fertility Rate) B„ Place of Birth 56
7o Social Characteristics - Eastern Band of Cherokee Indians, North Carolina and the United States, 1970. Families by Presence of Children 58
8 t Poverty Thresholds, 1969 62
9, Poverty Status of the Population - Eastern Band of Cherokee Indians, North Carolina and the United States, 1970, 64
10, School Enrollment - By Age and Type of School, Eastern Band of Cherokee Indians, North Carolina and the United States, 1970, 72
11= Years of School Completed - Eastern Band of Cherokee Indians, North Carolina and the United States, 1970. Total Population 73 TABLES (Continued^
re Number
12, Years of School Completed - Eastern Band of
Cherokee Indians , North Carolina and the United States, 1970, 77 Male Female
13, Family Income of the Population - Eastern Band
of Cherokee Indians , North Carolina and the United States, 82
14, Income of Persons in 1969 - Eastern Band of Cherokee Indians, North Carolina and the United States, 84 Male
15, Income of Persons in 1969 - Eastern Band of Cherokee Indians, North Carolina and the United States, 85 Female
16, Occupation of the Population - Eastern Band of Cherokee Indians, North Carolina and the United States, 1970? Male 88
17, Occupation of the Population - Eastern Band of Cherokee Indians, North Carolina and the United States, 1970,; Female 89
18, Percent in Labor Force and Class of Worker - Eastern Band of Cherokee Indians, North Carolina and the United States, 1970, 91 A, Percent in Labor Force - Male B, Percent in Labor Force - Female c. Class of Worker
19, Employment Status - Eastern Band of Cherokee Indians, North Carolina and the United States, 1970, 93 A, Male - 16 yrs. old and over B, Female - 16 yrs, old and over Co Male 16 to 21 yrs. old TABLES (Continued)
Page Number
20. Weeks Worked and Urban & Rural Residence - Eastern Band of Cherokee Indians, North Carolina and the United States, 1970. 95 A„ Male, 16 yrs. old and over B. Female, 16 yrs. old and over C. Urban and Rural Residence
21. Industry of the Population - Eastern Band of Cherokee Indians, North Carolina and The United States, 1970. 122 „. „
GRAPHS
PAGE NUMBER
1. Age of the Population - Males; Eastern Band 44 of Cherokee Indians, North Carolina and the United States; 1970
2e Age of the Population - Females; Eastern 45 Band of Cherokee Indians North Carolina and the United States; 1970.
3c Poverty Status of the Population - Eastern 65 Band of Cherokee Indians, North Carolina and the United States; 1970.
4o Years of School Completed - Eastern Band of 78 Cherokee Indians, North Carolina and the
United States „ 1970 «, - Males
5c Years of School Completed - Eastern Band 79 of Cherokee Indians, North Carolina and the United States; 1.9 70, - Female
6c Family Income of the Population - Eastern 83 Band of Cherokee Indians, North Carolina and the United States; 1970
7c Industry of the Population - Eastern Band 123 of Cherokee Indians, North Carolina and the United States; 1970 .
MAPS
Map Number
L Region Map - All lands owned by the Eastern 25 Band of Cherokee Indians
2 Overlay on Population Map - Qualla and 31 3 200 Acre Tract community boundary lines.
mlation Map - Qualla and 3200 Acre Tract 33 with areas of population concentration,
Cherokee County Tracts - With areas of 3 5 population concentration.
Graham County Tracts - With areas of 3 7 population concentration.
CHARTS
Chart Number
I, Tribal Government Organization Chart. 195 INTRODUCTION
i The purpose of this report is to give a comprehensive base
for future planning. In order to provide a sound and well-rounded
existence for those now residing on lands of the Eastern Band of
Cherokee Indians and for future generations,, a comprehensive in- ventory of existing resources,, services and development is the
first step to be taken in the planning process. The inventory
should provide an overview of the conditions on the Eastern
Cherokee Reservation.
Methodology
The Eastern Band of Cherokee Indians, having lands scattered
in five counties in Western North Carolina and population scattered over four counties causes great inaccuracy when using a step-down process (as required under the contract for this report) using the
U.S. Census 1970 figures. If one were to use the 1970 Census for population count, giving the maximum benefit of doubt under the heading of "other" and further delineation by utilizing township numbers for the two counties of Jackson and Swain,, which have the higher concentrations of Indian population,, one would arrive at
the following:
Cherokee Co. Graham Co . Jackson Co Swain County Qua 11a Twp, Charleston Twp 79 320 1,819 993 , „ =
yielding a total of 3,211 Indians „ In 1972, the official number recognized for the purpose of revenue- sharing funds was 4,796:
Cherokee County Graham. County Jackson County Swain County 71 3 20 1,858 2,547
In actuality,, a house-to-house survey conducted by the "Aid to
Tribal Government Program" staff shows a more accurate figure of
5,030 Indians (1972-1973)
Cherokee County Graham County Jackson County Swain County 149 454 1,863 2,561
As shown below, the results indicate a remarkable degree of error by the official 1970 Census compared to the house-to-house sur= vey carried out by the "Aid to Tribal Government Program" staff
U .S. Ce nsus ^^tujij^^urvey # Difference Cherokee Co 79 " 149 70
Graham Co D 320 454 134 Jackson Co., 1,819 1,863 44 Swain COo 993 _2,564 1,571 Totals 3,211 5,030 1,819
Comparing the number of Indians recognized for revenue- sharing with the actual survey results in a total of 234 Indians for which the tribe is not receiving revenue-sharing funds
Revenue- Sh ari ng Actual Number Numb e r Survey D. Lf f erence Cherokee Co 71 149 78 Graham Co 320 454 134
Jackson Co , 1,858 1,863 5 Swain Co D 2,547 2,564 __H Tota Is 4,796 5,030 234
There are 301 non-Indians residing on lands owned by the Eastern
Band of Cherokee Indians which are not included in any of the »
above figures,, If the 301 non-Indians were added to the 234 In- dians., the resulting conclusion is that there are 535 residents on the Cherokee Indian Reservation for which the Tribe is not receiving revenue-sharing funds
Percentages here show that 36^2 percent of the Eastern Band of
Cherokee Indians were not counted in the U S Census of 1970 <,
A later count by the U„S, Bureau of the Census entitled, "Ameri- can Indians" - PC(2)=1F separated the Eastern Band of Cherokee
Indians under the heading "Cherokee, North Carolina" „ Total population for the Eastern Cherokees in this census report was
3,455- As the 3,455 was a more than reasonable sample being 70 percent of the total actual count, by transposing the data into percentages we are able to provide a reasonably accurate picture using this Census Report
Using the step-down process, we completed a study on the
General Statistics on Poverty for the Eastern Band of Cherokee
Indians o Anyone even vaguely familiar with the Tribe would imme- diately detect the inaccuracy as did the Planning Board and members
of the Tribal Council „ The study will not be published nor will
the step-down process be used in any pa rt of this report „ The step-down process of county figures, in actuality, shown only characteristics of the subject four counties. Because the In- dian population has a special set of problems not shared with the other residents of the four- county area to the same degree .
and intensity, if the degree of error of the study on Poverty
Statistics was more than 27 percent on persons with income less than poverty level, then certainly all other figures were in error „
POPULATION - PAST
Having historically been the most important Indian nation in
American history, authorities on Indian history claim the Cherokee tribe was the largest, strongest and most significant of all
American Indian tribes. At best,, authorities say they numbered from 20,000 to 25,000 at any time, in their history. We find these figures questionable and undoubtedly too low because their terri- tory was so extensive that only a part of the tribe came in actual
contact with the whites who are responsible for the figures . By
1800 the Cherokees had made thirteen treaties ceeding lands to the
United States which amounted to approximately 82,277 square miles
or 52 , 657 , 588 acres : They remained in recognized possession of
nearly 43 , 000 square miles, of which was almost entirely lost in later years
Chronology of Population Estimates
Land and population losses show dramatic changes, as depicted by the brief chronology of population estimates, census enumeration and rolls
YEAR POPULATION
1708 500 men
One of the earliest reports was made by Gov Nathaniel
Johnson of South Carolina. At that time he said there
were "at least 500 men" and 60 villages YEAR POPULATION
1715 11,210
In 1715 an official census compiled by Gov, Robert
Johnson of South Carolina placed the population of the
Cherokees at 11,210 including 4,000 warriors. The
tribe then lived in 30 towns.
1721 10,^329
A census numbered them at 10,379 of which, 3 ,,510 were
warriors and they had 53 towns,
1721 12, 000
In the same year, the Board of Trade of North Carolina
reported that they had 3,800 warriors which indicates
the total population was around 12,000.
17 29 22^000
In 1729 there were 20,000 Cherokees with at least 6,000
fighting men and they lived in 64 villages and towns.
1735 17,000
James Adair lived among the Cherokees for 40 years and is
considered an authority on the early history of the
tribe. According to him, "in 17 35 they had 64 towns and
villages that were populous and full of women and children
with a total population of not less than 17,000 of whom
6,000 were fighting men," YEAR POPULATION
1739 8,500
A damaging blow struck the Tribe in the form of a raging
Small pox epidemic. The virus was brought to Carolina by
a slaveship, Adair says that half the tribe died as a
result of the disease within a year. And according to his
account, as the furious pestilence spread from town to
town eating and disfiguring the flesh of the ignorant
people, hundreds of the warriors committed suicide when
they saw that their medicine men were unable to check the
onslaught of the strange disease,
"Some shot themselves, others cut their throats, some stabbed themselves with knives and others
with sharp pointed canes ; many threw themselves with sullen madness into the fire and there slowly expired, as if they had been utterly divested of the native power of feeling pain "
In spite of these losses, the Cherokee remained strong in
numbers and in geographical position,
1755 7^_200
Then in 1755, sixteen years after the epidemic, Gov,
Arthur Dobbs of North Carolina,, reported from an official
census that the warriors numbered 2,390 indicating that
Adair's conclusion regarding the heavy death toll in 1739
was approximately correct,
1758 7,500
One of the lowest population estimates ever quoted was „
made in 17 58, It was said that there were only 7,500 in
the entire tribe that year
1^60 7,000
The Cherokee War, waged in the heart of the Cherokee country-
was especially destructive, When peace was finally arranged
at Charleston in 1761 by the great Att akullakulla, the
number of men left in the tribe was about 2,300
17 76 7 ,, 400
At the beginning of the Revolution in 1776 the warriors
were estimated to total 2.491, In the same year Willie
Jones of North Carolina computed 2,000 to 2,500 warriors,
J- 7 87 JL_000
Colonel Joseph Martin of North Carolina, who was well
acquainted with the Cherokees, said that, in 1787 there
were 2 7 650 warriors,
1800 20,000
"In spite of the wars,, rum, disease and other factors tending to kill them out, they were still a compact people at the beginning of the nineteenth century, numbering about 20,000 souls." (Mooney Myths, p, 81)
"A Plea for the Unvarnished Truth" has this to say: What figment is more embedded in the American mind, juvenile and adult, with respect to the days of the "war whoop'' than that Indians scalped the Nordics for pastime, But how many are told that the whites scalped the Indians for profit? Blumentahl also cites several vivid examples showing that Indian scalping was profitable to the whites during the movement for removal. In Pennsylvania seventy-five dollars was once paid for each warrior's scalp, The scalpjs from papooses brought less. In Alleghany County of the same state, between the dates of May 17, 1791 and June 15, 1792, "every Indian scalp with both ears" brought one hundred dollars, profitable undoubtedly. Each Indian scalp in Massachusetts in 1703 brought twelve pounds, In South Carolina the premium at one time was seventy five pounds for every warrior's scalp, prisoners brought more ; In 1708 the state had 1,400 Indian prisoners who were all slaves: 500 men, 600 women, and 300 Indian slaves. In North Carolina in 1764 each scalp brought thirty pounds, A new law was enacted in 1777 and the following provisions were made. Fifteen pounds was offered for every Indian prisoner and ten pounds for each scalp to every person in the service of the state, and to any one not in the service of the state, but in the state, was paid forty pounds for each scalp of an Indian man,, fifty pounds for each prisoner . There was only one definite rule governing this act in North Carolina,.,,,, the scalps and prisoners had to be Cherokees, The spirit of the whites toward the Indians during the early movement for removal was well shown in Connec- ticut, The Pequcd Tribe of 3 000 was wiped out in one blow, In a surprise attack some settlers swooped down on the Indian Settlements „ set fire to the palisades and sent them up in. smoke. Six hundred warriors, squaws and papooses burned at one time,, and those fleeing were shot down in their tracks, Nathaniel Morton has left us his ideas of the scene in these words: "It was a fearful sight to see them thus frying in. the fire* but the vic- tory seemed a sweet sacrifice," While writing on the same massacre. Increase Mather left these words: "This day we brought six hundred Indian souls to hell," Where upon Blumenthal ask? s "What school of history gives other than one side of the story of Indian resistance to paleface aggression?" The spirit of those times was well expressed by Jeffrey Amherst g Military Governor of Vir- ginia,, in a letter to Boquet^ an English General, who was at Fort Pitto Amherst wrote: "Could it not be con- trived to send the smallpox among those disaffected Indians? We must on this occasion use every strategem to reduce them," Boquet replied: "I will try to in- oculate the Indians with some blankets that may fall into their hands „ and take care not to get the disease myself. As it is a pity to expose good men against them, I wish we could make use of the Spanish method, to hunt them with English dogs, supported by rangers and some light horses, who could, I think, effectively extirpate the vermin," That was the character of the white man's attitude toward the Cherokees and all Indians when the Nineteenth century opened,
1835 16,542
A census of the Cherokees in the limits of Tennessee, Ala-
bama t North Carolina and Georgia was made by Daniel Hender-
son and is commonly known as the Henderson Roll or the
Treaty Rollo
Before continuing with the population during the different
periods of the tribe's history,, it is of interest to men-
tion the Catawba Indians, The history of the Cherokees
proves that they have always been willing to take friendly
Indians from other tribes into their Reservation, In 1840
when the remaining 100 Catawba Indians became dissatisfied
with their condition and treatment in South Carolina, they
asked the Cherokees to allow them to come into the Reserva-
tion in North Carolina and the permission was granted to
them. But their stay was not permanent Tribal jealousies
arose, and the Ca.tawbas being unable to obtain financial
assistance to move west, gradually drifted back to their
old homes in South Carolina . In 1952 only about a half
dozen remained in the Cherokee Reservation, (In 1972 there
were 39 Indians from 14 various tribes other than Eastern
Cherokee living on the Cherokee Reservation.,
10 1341 1-220
The first census of the Cherokees was made by their agent,
Colonel ^homas . He numbered them at 1,220. This was about
two years after the last group removed.
1842 L-IQ.^
An estimate was made in 13-12, but it included all the Chero-
kees in North Carolina, Tennessee, Alabama and Georgia.
This official estimation in a "'Report of Commissioners of
7 Indian Affairs" , placed the oooulation of the Cherokees at
from 1.000 to 1,200. lO-'lS 1,00
In the spring of 1343, Lanman, the author of the 1840
treaty visited the ^ualla Boundarv as the guest of Colonel
Thomas. He estimated the Cherokees to number about 1,000.
1843 2,133
An official Roll of all the Eastern Cherokees was made by
-T . C. Mullay, in order that a pavment could be made from the
removal funds. His first report placed them at 1,517; but
by additions it suddenlv leaped to 2,133. This Roll became
known as the T1ullav Roll and it included all Cherokees in
the states of Horth Carolina, Tennessee, and Georgia.
1850-51 1,96 1
A statement was made of the names of Cherokee Indians
residing east of the Mississippi River with a report of
T special agent, D. J. Siler.
11 1852 2 ,,134
A Roll was made of the Cherokees residing east of the Missis-
sippi who received per capita payments from the moneys appro-
priated for the benefit of the Cherokees bv the Act of
Congress approved 30th September, 1350, and the Act approved
27th ^ebruarv, 1851, (Alfred Chaoman) . In order to make the
payments, two rolls were completed. The one by D. W. Siler
in 1351 and the other one by Chapman in 1852, both of which
differed verv little from the Mullav Roll; Chapman's being
a revision of Siler' s.
Congress authorized another per capita payment in 1855 of the
removal fund established in 1848, provided that North Carolina
should first assure the Cherokees that they would be permitted
to remain in the state permanently. North Carolina did not
agree to allow them to remain until 1866; therefore, their
money remained in the Treasury, and thev were not paid until
1875 when it was used to purchase lands and for other bene-
fits of the tribe.
1862 (About) 40 (Every able bodied man in the tribe.)
In 1862 the Terrell Roll was made. It listed the soldiers
of Cherokee extraction that served in the Civil War.
12 ,
1868-69 2,335
The next official census was taken in 1868 . It was to
serve as a guide for future payments, S 3 H Swetland made
a payment of the interest due the Indians, Sweat land was
ordered to pay only those on the Mullay Roll or their
legal heirs or representatives , as ascertained by a census
taken by himself, His work was the cause of many complaints
and even law suits developed by it,
1882 -83 JLJL56. tN s C e had 1,881)
A census roll of Cherokee Indians residing east of the
Mississippi River was made in compliance with an Act of
Congress approved August 7 B 1883, by Joseph C. Hester,
(the Hester Roll)
I 890 1.520
As a part of the Eleventh census of the United States an
Extra Census Bulletin was made entitled " Indians , Eastern
Band of Cherokees of North Carolina" by Thomas Donaldson,
Expert Special Agent,
"The enumeration for the census of 1890 of the Eastern
Band of Cherokees of North Carolina was made by the
regular enumerators for the State of North Carolina, The
United States Indian agent. James Blythe, a Cherokee
(Dis-qua-ni, Chestnut Bread) furnishes the following
data collected during personal visitation:
13 "
The total number of Cherokees is 1,520: males 774, fe-
males 746, All wear citizen's clothing,, 365 over the
age of 20 and 300 under the age of 20 can read* and 180
under the age of 20 can write English, This latter fact
is attributable to the efficient school system, 620
Indians can use English enough for ordinary communication
The number of children of school age is given as 403,
and there are school accomodations for 275. There are 5
school houses owned by the Indians, valued at $600,
They also own and occupy 256 one-story log or block
houses ,
1895 1,429
An estimate made in 1895 by Federal Agents,
1897 1,312
Mention is made that an epidemic of grippe reduced the
Cherokee population in 1897 to 1,312,
1898 1„351
Further mention notates the population had risen to 1,351
in 1898,, an increase of 39,
1900 1 {,376_
A notation is found that in the year 1900, the Cherokees
had a population of 1 „ 376 on the mam Reservation, Also,
H. Wo Spray and James Blythe list for North Carolina and Tennessee a total of 1,376 Cherokee Indians.
1903 1,901
The ''accepted to be most accurate :? Census Roll of the Eastern
3and of Cherokee Indians of Morth Carolina was taken in 1908
bv .^rank C. Churchill. It is known as the Churchill Roll.
1909 30,000 (About)
A Roll of Eastern & Western Cherokees entitled to participate
in the fund arising from judgment of the Court of Claims of
May 23, 1906, was reported bv Guion Miller, Soecial Commis-
sioner, Mav 23, 1909. It is known as the Miller Roll.
1010
Mention is found of a Churchill Census in 1910, but no fur-
ther information has vet been found of a census taken by
Churchill in 1910.
1920 2,500
A Roll was taken bv Henderson and is known as the Henderson
Census giving the population number of the Cherokees to be
2.500.
102 4 2,531
The final Roll of the Eastern Rand of Cherokee Indians of
North Carolina was made under the act of June 4, 1924, bv
Fred A. Baker. The Roll is known as the Baker Roll and is
used to this day. In later vears it was revised and is
known as the Revised Baker Roll todav.
15 1
1925 2j_5l2
Wention has been found that laker made an enumeration In
1926. and that he used the records at Washington, D. C, in
making up his list. 11o° 2^51
loth the Eastern and Western Cherokees totaled '!-'!•, 775 in
n 192G. The Western population was ; }l, 2'! and the "lastern
population ^as 2,951-
1020 lOJii Ihe enrollment increased suddenly in 1922 because of the
plans for allotment. Wany names would probably be removed
if the list were scrutinized for eligibility.
19 qq 8 H '\
In order to show some of the difficulty in locating accurate
n figures and information^ one William Warlen ilbert 5 jr„ 3 in
his Anthropological Papers. Wo. 2°, from the lureau of
: American ethnology bulletin 133 .-, lhe lastern Cherokees"'
rives the are groups in 1^°^ census as follows
JTT- T—)—1— age luroni \°-l
1-3 19 !5H-h~n 10'! 4~° 7^ 52 -69 o5 7n 10-19 152 7^ - 3°
20-.20 1
20—20 110 r-iQ^AT O'l 1 '
15 T tr. Gilbert does not attempt to explain what happened to the
Cherokee population that was 3,1^6 the year before- but made
the following preposterous statement,
?,mhls great predominance of the younger elements in this population is significant of the mental atti- tude of the Cherokees, a vouthful outlook on life, which we might not at first sight except from such a conservative community. These census records are hardl^ more than of supplemental value to the ped- igrees collected from the natives themselves. The premarital names of wives are not mentioned and, of course, clanship affiliations go totally unnoticed in the official census. On the other hand, the degree of social mobility indicated by the places of residence is given as well as the state, living or dead, of the persons enumerated at the time of the listing. Also ages are rendered in the official censuses. The native names, which are so often valuable material, are generally faultily rendered in the censuses . "'
1940 1,900
Mr. Gilbert later states:
; 'The total native population of +--he Eastern Cherokee Reservation numbers scarcelv 1,900 persons, and of these, about 1,000 are still native enough to have clan affiliations. In Big Cove there are perhaps 300 persons grouped in 50 families. Of these scarcely half a dozen are white families. The town of 3ig Cove is the least permeated by white influences of the several towns. Tt
Reliability of Sources
The two main sources of information on past Indian population are: (a) the annual census published in the reports by the various Commissioners of Indian Affairs since l86l, and (b) the decennial publications on general population issued bv the Bureau
o^ Census , which listed Indians separately beginning with the
17 .
vear 1850. loth sources contain significant errors, "loreover, the difference in their respective methods of enumerating and classifying precludes close comparison, T Iorse, both sources have frequently changed their methods of enumerating and classifying; hence, neither can be readily used to compute trends over lonr periods
Indians Var ious ly Pe fined
The 1910 census classed as Indians : 'all persons of mixed blood who have any appreciable amount of Indian blood'' — obviously a flexible and uncertain criterion. Enumerators of the 1P30 census were instructed to include persons of mixed blood ''except where the percentage of Indian blood is very small'' or where the individual ;t is regarded as a white person in the community where he lives.'' A person of mixed Indian and Negro blood was to be
:, classified as a Negro 3 unless the Indian blood predominates, and the status as an Indian is generally accepted in the community."
The Indian Office 3 on the other hand, aims specially to count what might be termed official Indians. It has usually defined Indians as persons on the official roll of anv Tribe, and hence has sometimes included in its count many of negligible
Indian blood, besides intermarried whites: but the definition is disregarded in its extensive estimating. Furthermore, tribal rolls have sometimes been vears out of date and often many Indians on a given tribal roll do not live on the reservation which counts
13 them,oo.»a further cause of discrepancies between the Indian Office and the Census Bureau,
The annual figures of the Indian Office for population on most reservations are rough estimates corrected by actual counts only when special administrative need arises, To compute popula- tion trends it was necessary to segregate the reservations or bands for which actual yearly counts were apparently made. The result was two newly constructed registration areas, covering respectively 64 reservations or bands from 1900-1934 and 92 reser- vations or bands from 1910-1934 The samplings indicate that from
1910 to 1930 enrolled Indians increased at almost precisely the same rate as the total Negro population of the United States.
Indian population probably declined,, at varying rates e for three
centuries prior to approximately 1905 „ Increases since then have been largely or wholly among persons of mixed blood.
19
POPULATION - PRESENT and FUTURE
Overview
Population^ as well as many other subjects pertaining to
Indians, must be approached from divergent standards, When speak-
ing of population in the Non-Indian world # one assumes total population of a subject area; a figure that usually includes
White and Non-White, On Indian Reservations the question of total population is assumed to mean enrolled Indians of that
Tribe and is answered with a figure representing total Indian population excluding Non-Indians and often Indians who are mem- bers of other Tribes but are residing on lands of the subject tribe, A distinction must always be made as to the character of the group one is speaking of, In the case of the Eastern Band of
Cherokee Indians and the persons to be counted in one regard or another,, we will find various categories that are used for various
and purposeful reasons not common or needful for Non-Indians a
Some of the main categories used by the Cherokees are as follows:
1, Enrolled Eastern Cherokees
2, Enrolled Eastern Cherokees living on Eastern Cherokee
Tribal owned lands,
3, Enrolled Eastern Cherokees living on or adjacent to (near)
the Eastern Cherokee Tribal owned lands.
21 , ,
4, Enrolled Indians, Non- Cherokee , living on Eastern Cherokee
Tribal owned lands (usually married to an Enrolled Eastern
Cherokee)
5. Non- Indian living on Eastern Cherokee Tribal owned land.
(This group consists of Non-Indians married to Eastern
Cherokees, government employees, a few traders who lease
businesses and a small number of workers or employees of
the various businesses and industries who would also have
to lease or rent , as they would not be able to purchase
Tribal land.)
Geographic Subdivisions
Equal in importance of the five main population categories
and somewhat more complex are the geographical subdivisions for population enumeration and other purposes useful to the Cherokee.
The main categories and their subdivisions are:
A. By County
1. Cherokee
2, Graham
3o Haywood (no residents - Tribal Reserve)
4 Jackson
5. Swain
B. By Township (Tribal Voting Districts)
1, Big Cove
22 ..,
2 Birdtown
3 Painttown
4 Snowbird
5 , Wolftown
6* Yellow Hill
The enrolled Cherokee Indians residing on Eastern Cherokee lands in Cherokee County have requested they be recognized as a separate Township and no longer be represented in Snowbird - the outcome has not been determined at the time of this writing,
Presently, Cherokee County and Graham County Enrolled Eastern
Cherokees are all represented in the Snowbird Community.
C, By Community
1. 3,200 Acre Tract
2, Big Cove
3 „ Birdtown
4 Cherokee County
5, Cherokee
6- Painttown
7, Snowbird
8c Soco
9. Big Y
D. Major Land Distinctions
1, Possessory Holdings
2, Tribal Reserve
23
MAP 1
REGION MAP
ALL LANDS OWNED BY THE EASTEF BAND OF THE CHEROKEE INDIANS
i v.- MAP 1 —
REGION MAP
U_L LANDS OWNED BY THE EASTERN BAND OF THE CHEROKEE INDIANS
MaP Number_1 shows all the lands owned by the E.B.C. I.
There are no voting places for County, State , or National
Elections within the bounds of the Eastern Band of Cherokee
Indians, Cherokees do, however vote in these elections but go off
the Reservation to nearby polling places in the respective Town-
ship of the County in which they reside,
As was seen by our attempts to obtain acceptable population
figures in the "Incidence of Poverty" draft, there was a wide
range of base population figures to choose from, A recent sur- vey was completed in 1972 by Alvin Smith, George Owle, Mark Reed, and their staff, all of which were Cherokees working with the
Health, Education & Welfare Program "Aid to Tribal Governments"
and with the help of Mildred Jessan, Tribal Enrollment Officer.
Because of the methodology and integrity of the enumerators, we
accept their findings to be reasonably accurate and able to with-
stand normal testing. The original survey was done in 1972 and was updated in January of 1974, It is this update which we will use except v/bere noted otherwise,
Population by. Count- Number No
Total | Number \% Indians Indians o County Population Indians of Total Tribal La
Cherokee 16,330 149 .91 Graham 6,562 454 6,92 Jackson 21,593 1,863 8,62 Swain 7,861 2,564 32,62 TOTALS 52,346 5*030 Average 12.27
27 .
Population by Community and County
(Indian and Non-Indian on Tribal Lands) . Map Number 3 is an over- lay on the Population Map showing community boundary lines for the Qua 11a Boundary,
County Community Indian Non-Indian
Cherokee Cherokee Co, 149 -0- Graham Snowbird 454 9 Jackson Big Y 360 11 Painttown 728 46 Soco 775 43 Swain Big Cove 698 11 Birdtown 962 95 3200 Acre Tract 136 26 Cherokee 768 60 Totals 5,030 301
At this point it is interesting to observe the varied percentage difference of Indian and Non-Indians in the nine communities,
Community Total Pop- ; % Indian % Non-Indian ulation
Cherokee Co 149 100o00 -0- Snowbird 463 98,06 1,94 Big Y 371 97,04 2,96 Painttown 774 94,06 5,94 Soco 818 94,74 5,26 Big Cove 709 98,45 1,55 Birdtown 1057 91,01 8,99 3200 Acre Tract. 162 83,95 16,05 Cherokee 828 92,75 7,25 Total 5,331 % of Total 94,35 5,65
28 Population concentrations on the Qualla Boundary and 3,200 acre tract which Includes Cherokee Community, Big Y Community,
Paint-town Community, Soco Community, Big Cove Community, and
Blrdtown Community are of high density and are shown on Map
Number 3- The Cherokee County tracts and the Graham County tracts have small total populations which are scattered and are shown on Maps Number 4 and Number 5.
Because of Tribal Policy and Tribal land status, these figures should be computed periodically and attention given to areas where percentages show a definite imbalance trend.
Eth nic Composition of the E astern Cherokee Reservation .
Indian tribes have historically been known to intercommuni- cate for purposes of trade, relocation, sports and games, uniting against common enemies and socialization. They possess an intang> ible unity which has carried them through four centuries of per- secution and are a people unified by their humanity — not a pressure group unified for conquest. Indians from all tribes travel great distances to meet together, to visit friends, to attend ceremonials and to obtain an education and pursue liveli- hoods. The close and constant inter-communication between tribes and member of Indian tribes is a factor of great influence for one finding Indians of various tribal membership living on Res-
29
MAP 2
COMMUNITY BOUNDARY LINES MAP 2
COMMUNITY BOUNDARY LINES it-
MAP 3
\ CHEROKEE INDIAN RESERVATION Ml AND 3200 ACRE TRACTS «r v \ OUALLA .V \ Y AREAS OF POPULATION CONCENTRATION °li" ; \
\yj A
OF POPULATION CONCENTRATION
V7 \ }
% {
: n n»
^ne\ 'U Y. »-*£_ A MAP 4
>l-\ f AREAS OF POPULATION CONCENTRATION /) i
CHEROKEF INDIAN TRACTS CHEROKEE COUNTY, N.C.
CHEROKEE INDIAN TRACTS (SNOWBIRD)
GRAHAM COUNTY, N.C.
ANTEETLAH
"» L A K Eg X ) r— TRACT L. P
TRACT - 462
' TEEOATLAH-—5=u1 -JX*-
,jwu"e*— . i
-TRACT -91 ^1-^VSj/
j / v\\ /\ / ROBBINSVILLE
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MAP 5 N A T/l N A R ENS\T/
AREAS OF INDIAN POPULATION CONCENTRATION
fa
TRACT - 405 CHEROKEE INDIAN TRACTS (SNOWBIRD)
GRAHAM COUNTY, N.C.
:
ervations other than their own, Indians also have the increasing tendency to marry Indians which is reflected in the percentage of
Indian blood-degree continuing to increase
Of the 5,030 Indians residing on Eastern Cherokee Lands p 39 are enrolled members of "other" Indian Tribes coming from as far away as the State of Washington* In scope, there are "other"
Indians in Cherokee from 14 different tribes:
Tribe Number 1. Western Cherokee 10
2 a Choctaw 5 3 Yakima 4 4„ Navajo 3 5, Blackf oot 3 6, Sioux 3 7o Ute 2 8- Creek 2 9o Shoshone- Piaute 1 10. Chitimacha 1 11. Tachi 1 12, Seneca 2 13, Navajo- Pima 1 14. Pueblo 1 Total 39
Three Mexicans and two Germans are noted in the survey and are counted amongst the Non-Indians, although it is questionable as to whether Mexican is Indian or Non-Indian,
Ethnic Composition of Each Community
Cherokee County Eastern Cherokee 149
Snowbird Eastern Cherokee 454 Non-Indian 9
3 9 Big Y Eastern Cherokee 358 Choctaw 1 Shoshone-Piaute 1 Non- Indian 11
Paint town Eastern Cherokee 721 Western Cherokee 3 Navajo 1 Blackfoot 1 Seneca 1 Navajo-Pima 1 Non- Indian 46
Soco Eastern Cherokee 768 Western Cherokee 2 Choctaw 2 Pueblo 1 Sioux 1 Seneca 1 Mexican 1 Non- Indian 42
Big Cove Eastern Cherokee 695 Western Cherokee 2 Navajo 1 Non-Indian 11
Birdtown Eastern Cherokee 958 Western Cherokee 1 Blackfoot. 2 Creek 1 Mexican 1 German 1 Non- Indian 93
3200 Acre Tract Eastern Cherokee 136 Non- Indian 26
Cherokee Eastern Cherokee 751 Western Cherokee 2
40 Choctaw 2 Chitimacha 1 Yakima H Creek 1 !Tavajo 1 Sioux 2 Tachi 1 Catawba 1 Ute 2 German 1 Mexican 1 Non-Indian SS
Age o f the Population
Population is categorized into two major groups, male and female, on the following tables and charts. The major grouos are then divided into 16 age categories which show the age group concentrations by percentages. North Carolina and the United
States show similar population trends while the Cherokees have extremes at numerous points indicating erratic birth and death rates as well as In and out-migration tendencies. Years of stable economy will bring many Cherokees home and during years of poor economy and unemployment, relocation becomes a means for existence. A loss of population °rom ages 19 through 60 further indicates that inadequate employment due to Insufficient number of jobs, inadequate pay scales and the seasonal nature of the
tourist industry 3 forces a great number of the productive labor force to relocate in industrialized areas across the nation where a decent standard of living can be maintained. The upswing in population from years 60 and above shows the Cherokee's desire to return home when retirement age is reached. It is assumed that
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U.S. Graph Number - 2 AGE OF THE POPULATION EASTERN BAND OF CHEROKEE INDIANS, NORTH CAROLINA a THE UNITED STATES, 1970 FEMALES - ALL AGES- AS PERCENT OF ALL FEMALES 45 to 49 years 50 to 54 years 55 to 59 years 60 to64years 65 to 69 years 70 to 74years E.B.C.I. NX. 75years and Older U.S. fewer Indians would leave the Reservation if adequate income couL be provided during their productive years. Births, Deaths and Population Pr ojeci ions Because the population of the Eastern Band of Cherokee Indiai is increasing, the number of births and deaths each year would no: ally increase proportionally, However, taking the number of infa: live births for a recent 5 year period, (1968-1972) produces an average of 123,4 per year, Over a period of 1950 to 1974 an aver age of 122,4 births per year is given. Death rates have shown a steady increase over the same 24 year period with an average of 19.17 per year for the years 1950 to 1974 and taking the same re- cent five year period (1968- ] 972) ,, the average per year is 31,60, an increase of 3 9,34 percentage, Natural Year Births Deaths Increase 1950 103 ' 28 75 1951 141 13 123 1952 130 17 113 1953 100 7 93 1954 95 11 84 1955 121 14 107 1956 101 18 83 1957 124 15 109 1958 108 7 101 1959 130 15 115 1960 128 16 112 1961 127 13 114 1962 112 17 95 1963 147 20 127 1964 166 24 142 1965 127 15 112 1966 128 21 107 1967 102 23 79 1968 101 22 79 46 G NA rTORAL YEAR BIRTHS DEATHS INCREASE 1Q6Q 155 39 126 1970 138 25 113 1971 115 27 89 1972 121 20 92 1973 116 28 88 TOTAL 2,Q38 460 2,478 For an apparently unexplained reason, the years having an increase in number of births, also have an increase in the number of deaths. AVERA E NUMBER- YEARS NATURAL INCREASE PER YEAR 1Q50-1955 98 1955-1960 103 1960-1965 118 1965-1970 101 1970-1974 (4 year period) 96 Although taking an average of the natural increase for the 24 year period produces an average natural increase of 103 per year, the above table indicates a definite rise and fall for the five periods with a decided peak during the years 1960-1965. It has been customary by the Tribe and the Agency to use the figure of 100 for each year to project population increase for the Eastern Band of Cherokee Indians. By omiting the period of 1960- 1965 and averaging the other four periods the result is 100. If the oresent trend continues, we can expect the future oooulation of Indians residing on lands belonging to the Eastern Band of Cherokee Indians in North Carolina to be as follows: 47 YEAR NUMBER 1972 5. 0?0 1975 5 ,330 1980 5 830 1935 6 ,330 1900 6 ,330 1Q05 7 >330 20 00 7 330 2005 3 330 2010 3 830 2015 9 ,330 2020 9.,830 2025 10 ,030 During a 50 year period between the years 1975 and 2025, at the present rate, the population will have doubled. From the vear 1975 on, land shortage and housing will apparently be a problem of enormous concern for tribal members and tribal govern- ment. (More on this subject will be presented in other studies). The major causes of death among the Eastern Band of Cherokee Indians during the years 1967-1972 were: NUMBER OF DEATHS CAUSES 38 Diseases of the Heart 21 Malignant Neoplasms 17 Diabetes Mellitus 15 Motor Vehicle Accidents 9 Other Accidents & Homicide Most of the deaths between the years of 1967-1972 occurred with persons between the ages 65 and 84 and for the same period the average death rate was 31.^0 per year. Indian infant deaths are shown on the following tabulation as number per year and death rate per year. Caution must be exercised in using this table due to the low numbers one is 43 o : „ working with in regard to the Eastern Cherokee Indians and the great distortion when transposing the figures into rates per 1,000, As a result dependable or accurate comparisons cannot be made with Sate and National infant death rates A clearer picture can be obtained of the Eastern Band of Cherokee Indians infant death rate be showing the number of infant deaths as a percent of the number of births YEAR BJLRTHS INFANT DEATHS AS % 1965 127 4 3.15 1966 128 7 5,47 1967 102 3 2,94 1968 101 3 2.97 1969 156 0,00 1970 138 4 2,90 1971 116 4 3o45 1972 121 5 4 13 Average of percent of Indian Infant Deaths for the above 8 year period is 3,13% per year as a percent of the number of births o See Table Number 3 Q SOURCES FOR BIRTHS AND DEATHS U.S. Public Health Service^, Indian Health Service, Service Unit at Cherokee. North Carolina 49 1 1 (-3 I: : ^ i-3 rn o bd &J pt pa CD P O p hi s; 5? hi Pa f» pa pa CD Hi i jp Pj o pa |_l. p- c+ 1 P H« o 3 4 O pa a o|p- xa Cfl P p rn o O o o CD ^ o o W H P H P pb CD cr t) p : j: pa S3* 03 bd o Pa H C+- O I H CD ^ II CD i t? cr' o CD g hS a p^ cd co pa P CO CO CD H O o ?\J o W o o o O O CD H CO O c=j S2j O B ^ 8 O P° •o ra H h- O O o TO o o o o o o og H bd H co o JJ1 vo L oc O o co O o o o bd (-3 W p^ 3 CO N-0 o P3 k a (Oj JO o o CO' oa H3 H Q o- io vO o C0~ o o o o ON hrj ui co . g H St?d ro «>- M ro co- c^ O H A, fc- vO og £- co H H H /'O V_KJ O CO ro M O -O N3 o OJ 50 SOCIAL CHARACTERISTICS Overview The Reservations 56,5 73 acres is predominantly rural nonfarm with 97.25 percent, of its population thus classified (Table No, 20) From a simple life of farming and forestry the Cherokee economy has changed into one that is complex and diverse. Tourism has become the major activity and is supplemented by light industry and a great variety of government activities. The rapid cultural change has caused intense conflicts and pressures on the social and psychological well being of the Cherokee people. The problems encountered when an Indian attempts to move from extreme poverty and an agrarian way of life to a money economy are awesome, Added to this transi- tion, the Cherokee feels keenly the on-slaught of the dominant Anglo culture compounded by over eight million pleasure- seeking tourists each year who invade his res- ervation and gawk at him as the Native American, The astute Cherokee obliges for economic reasons and with tongue in cheek he dresses in feathers,, dances, sells Indian-made artifacts (or Japanese- made Indian artifacts) prepares food, serves food and generally entertains the visitors, It is, however D an affront to his way of iife and although his economic situation is greatly im- proved, this rapid change in economy and culture has not been attained without a price - one of which is excessive use of alcohol and the resulting problems of broken families, children living away from their natural parents, crime and delinquency, etc, (Quoted from Evanell Thomasson, Supervisory Social Worker , Cherokee Agency) • , i' i i| - CO 1 O ~* !— ' 1"' =j : -. -:; '--j - i-^ . - U 1 CO CO o o C0 : CO ' o ja B i H- c+ H- H- CD H H- c+- c S H- ^ [&> 4 o — •rl t?d •-tJ [ ' * 4>- • y>- Ol Vo U~? w m R >G CD H TV <2 TV ^tt - VO b o 1 !' tr O • • sj vo i^ TV | O s ^0 VO ^- Gl o OOIM <3 :00 H l—i x) H eg H i-3 o O i H3 1 1 ff i-3 d OI— 1 i / CD ! 1 H G1 TV) tr1 O TV co TV TV TV /G <3 H fe! M H AJ /\; TV, H vD S i • - i—' , r, . . 03 l l-H u-( UTS V0 00 <3 vD o «J CT vO O 00 ^O o ^ VO vo ~*u U-i CO £- H H CO O CO ro TV 'A 9 CD CO ^3 CT' Ro > R° O CO ' H on ro o O TV —§ <1 1 00- u> A.J H TV . 52 t Marital Status Social problems caused by the accelerated rate of growth is reflected in the marital status of the Cherokees (a) Percentage wise there are more males and females that are single than in the state and nation, (b) Fewer husbands and wives percentage wise are living to- gether than in the state and nation, (c) The percentage of Cherokees that are separated is twice as high than that of the nation, (d) Percentage wise fewer Cherokees are widowed than either the state or nation, (e) The percentage of Cherokees who obtain divorces is lower than the nation but, a higher percentage of males are divorced than the state average. (See Table No , 4) Blood degree has been on the increase as the Indians tend nore and more to marry Indians, The Eastern Band of Cherokee Cndians males and females age 14 years old and older, married, spouse present and of the same race is a surprising 46,66 per- cent. Contrary to what is thought by the Non- Indian public ,, -he Cherokees are not diluting into the American Melting Pot, Chey are not only going through a transition of blood degree in- crease, but are also increasing in population, The percent of Cherokee population under 18 years old is 45o44 as compared to 53 the state's 28,72 and the nation's 34,41, Cherokees have more female heads of families and less female primary individuals, (U.S. Census definitions) while the percentage of "other relative of head" shows a decidedly greater number than that of the state and nation, Household Compo sition The Cherokee household is generally composed of the simple domestic family with frequently a few other relatives. Extended domestic families consist of father, mother, children, while mother's connections and daughter's connections occur occasionally Residence has many matrilocal features, although the prevailing trend is toward the patrilocal type. In some cases two or more families, quite unrelated, may dwell together in perfect amity under the same roof, The household is the land-owning unit with the land use commonly being willed to that person who "takes care" of its original owner in his last days. Almost any rela- tive can take care of the aged owner of a homestead and thus acquire the land at his demise. By the exchange, then, of "tak- ing care" for a land tenure, the percentage of poor persons not living in families tend to be less than the state or nation. Fertility Rates Fertility rates for women ever married (in all categories) are much higher for the Cherokees than state or national rates, After averaging the births per 1,000 women ever married of all three age groups, the results show: 54 —'. i 1 1 o r- * o> ! d iH -H ; -p • CO I W fd < !-| 3 E^ ! ^-^ q < 1 p ) Eh a • iH ^ cn CO ro 4 ID Eh CD m 5 rd * P 0^ 1 <3 tfl ) tf d J 2 rd H d •H J J T3 1 O H d 1 ft -P H > < rtJ 3 U d w p rd CD ,-> 1 ffl a o u i Eh o CN G> PO 00 o O ^D O J Q +J r-i rH O < 2 - rd O d ) H S< -P IM * O 1 co rd ft U ; w U rH W ] w T5 i « d CD ,d ^ Ti o. 0J 4J (m ! — d : rt H •H H ' rd ; h -P d o U iu rd id a ft rH u r-i rd P • <*. >h - U M-i a, h ^— d d d p 0^ CNJ vD un o co r^ co m ! ! i O -P ! °i P ,: ^ ft o ^ iH 0> r^ r> fN vD CNi xT ro O O O •H -H H rd • o 4-» +J Q 1 ! 1 P S s -H ft If) CN CN o f-> rsj in — rd rd rd ) < 10 . <$ r> CN CN ^ CD «H iH rH M-i »« P P P O * ft J3 Eh O O O ° ft ft ft ft 4J w 4-1 ft E+ CD CD CD CD ^ rd rd Q 9 +J <.W as -P -P M-i U O • CO iH rd r3 CO H ^ rd m CD W I w CO TS T5 rd — P IH U -H p p P M-) rH rH S-i -P O >1 T3 >i CD -P to w W O -4 CD O A •H M CD >+H 4J w d d d -P rd T3 A Qj -H > rd «h P> m d QJ CD CD CD CD d ra E TJ h E rd T3 H rd H o u U P fft 0) to P rd p ra rrj Ti -h p rd P CD P • • . rd H 3 U 4J ft CD d Sh T5 CD rci > O 55 ^ V O03 @ hj P: o co bd ' 1 P] H t-1 c+ o P o P O p 4 hri txl C+ Pi O CD o 3 CD O ct- p o O H- CD CD o < t?o CD CD Pi Pi '- c+- CD CD P ; Pi pi P P P o * 03 w w P P P H H- H H- hj o O CO H CD CJ v Q v* CD P • O o c+ CD P H^ O Pj n a \» Hj Hj Hj P r+ o c >* pd pi CD O I o i hi r+ r+ r+ CD CO CD CD PT py P" P3 CD c+ rn s: ro l_i. \P fl) n> CD O c+ P O VJ^ O Ui CU h> o e+ P-- 9 i 4 hi T) hj c+ • CD CD CD VO CD W c+ O C) o CD P P 4>- P 4>- 3 P Pi pi a. CD P ^ Pi CD Hi H H p P P c+ P P p n CO c+ r+ -t- CO H- H- H- H O O o o P ^3 p rp Se \» \* P- pj P co c+ hd !2i d bd O o O c: h! 4 H VO ,.—. H- r+ U H to P" CD Pj O P CO n 1 P rn p. 4 r+ o § H o P :'-! I M H c+ s g o v» H« Ci; w o o P xn O :-3 p h_- IB Vo W PJ o J •* td pj P CD h-> W H P< 4 H V.C) vD O O H« -O •J 4^ HH I I WWO o (3 C . . . . • • • -vl ) o o O a n I -v3 4>- CO- Pd P o VO -f>- On! I O o H O ^_0 ro P vD h-* -J>- Ui WO M CO CO O H H to ^ ! P P v.n CO CO 4 u. Co ' H' CD P Dl P O LP to S3 O tpcj g O H O vD O vD vO O S 4>- 00- H VjJ 4>- O CO 00 tr PJ O O O O-f^- .— CO t— CXI H VO vO s bd o vO > o v.^> Ui to ^-" 8° § c+ 8° P" CD P3 s o M td 1-3 ' O J Pi ZV) O vD 4^ H O 00- vr> 4>~ co bd 1-3 M O I—1 u) o ro <2 c^ o o O O <3 to CO VJ~1 to H VO o (a) Eastern Band of Cherokee Indians, 35,42 percent higher than the state, (b) Eastern Band of Cherokee Indians, 33 =,77 percent higher than the nation, Nearly all Eastern Cherokees are native to the state of North Carolina with only 2,75 percent having been born in other states, On the other hand^ 16,10 percent of North Carolina's residents were born out of the state, For the United States, 26o30 percent of the population was found to have been living in a state other than the state in which they were born, (1970 cen- sus) , See Table Number 6, Presence of Children The number of families by presence of children shows greater family unity among the Eastern Band of Cherokee Indians than North Carolina or the United States,, particularly with the fami- lies with female heads where the Cherokee percentages are more than twice that of the state and national percentages, Cherokee lags only in the area of number of Husband-Wife families which indicates a high divorce rate and confirms the large ratio of females raising their families without the presence of the father 57 — — i — 1 — 3 w ftl — i-d ft! 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TV) O H Jv) H W M VjJ }-* K) \-> O Definition of Poverty The lack of purchasing power sufficient to maintain a socially acceptable minimum standard of living is considered poverty It is to be distinguished from "destitution" „ which implies poverty so extreme that the very means of subsistence such as food, cloth- ing and shelter or lacking, and from "indigence" „ which is not so extreme but implies straitened circumstances and a lack of the comforts one has or should have^ Poverty has long been referred to a meaning poor and is now more generally accepted to mean inequality, Except in times of extreme and desperate depression, as during the 1930 ' s # being hungry and dwelling in inadequate shelters is not thought to exist and be the situation of poverty in this high- income, indus- trialized nation of today* Economic justice is late- arriving for most American Indians and few of their problems have been eradicated. For the overall country, lagging incomes rather than low incomes are the issue to- day in relation to the social stratification. An exception is with the Indian population, where bare physical survival has been more common as a characteristic rather than moving up the ladder proportionately with this country's quality of materialising 5 9 In the United States the poverty line has often been drawn at a certain income per year, below which a household is said to be living in poverty. However, figures such as these must vary with the times, family size, age and geography. Another definition of poverty states it in a relative sense to be measured by comparison with the population as a whole. If the relative poverty line is taken at 50 percent of median family income, poverty in the United States actually increased in the two decades preceedmg 1968 : The "S,S,A, poverty line" is the most commonly used and now official set of poverty lines a It was developed by Mollie Orshan- sky of the Social Security Administration (S.S.A.) of the U.S. Department of Healthy Education and Welfare, This method takes into account family size, composition,, farm-nonfarm residence, and proportion of income required to purchase a minimum adequate diet; it replaces the $3,000 line developed by the Office of Economic Advisors o The old method using the $3,000 level utilized two measures of need on the basis of income sample of the Current Pop- ulation Survey, how many, and what kinds of families these measures delineated. Both methods yield roughly the same number of people, except that fewer families with more children were substituted for a larger number of older families without children using the "S.S.A." method, (See Table 8 for complete poverty index ) 60 General Poverty Low income and poverty have constituted a major problem with the Eastern Band of Cherokee Indians The percentage of Eastern Cherokee families below the poverty threshold is 38c 19 percent higher than the State of North Carolina and 38,24 percent higher than the national average, A "Distribution of Income" was com- puted by Tribal Officials in 1962 showing place of work and annu- al income of actual earnings, The results showed the average family income to be $2,301 and the per capita income to be $511, A later statement describes the average family income of the Cherokee Indian as $2,150 and according to that author, 86 per- cent of the Cherokee families had an income of less than $3,000 per year, and 32 percent had incomes less than $1,000 per year. "This area of Appalachia has been a pocket of poverty since the time it was settled,, As late as 1960, the per capita income of the six Western North Carolina counties was $836 as compared to $1,169 aver- age for the state and $1,901 for the nation. The Indi- ans plight was considerably worse even in this depressed area. In 1958, the average family income was estimated at $600 annually or some $200 less than the per capita income in the surrounding area which was little more than half as much as the national level. In 1958, 140 families had less than $300 cash income per year, The years 1955 to 1959 saw the Cherokees reach the lowest ebb in economic deprivation, Practically no employment was available during the winter months and in addition the boarding schools had closed and the children were in their homes the year-round for the first time in many years of Cherokee history, Prior to 1940, some employ- ment was available in the logging industry, but this was 61 i 1 CO !l> > hJ o H > i— hi z? 3 - ^ p^ H CO Vn fa co b T ro to rn TO TO "=< CD TO c+ !-! pa ^d (V H X! - CD co ^ri P3 CD P £ co ,T> H O p. P m l 1—lo H TO VT> ~A : ) a DM rn o rn b ^i O P> « QN £- ^n- VjO ?\j AJ AJ ro VO pa H O -vD VjO JoH o O JN JS- VO A.) w m m U) H H H ^ *~0 *0 '& V) VJ Vl '*> *3 W «a V) ( j j— J>- js- -Jj — i vD £- w vO A.; VO 00 00 \® CO O Vn. H t-- AJ H Vn CO I—' vn vO 4^ > (— .£>- > 00 Vn VO VT 00 vo o NiVk) O tr 1^ '1 1 (Ms js 'u) M /Vi M W VO '-d 1 %*> V> *~3 %» V> '-a %fi ^> ^ Q I J>. ~~^* H VsO £- <3 v£> AJ £- VO 1 I—> OH4^voH-OvDVn pd 1 OW 00 vn -vi -0 VO .|>- H id | Hd -1 C vn -f^- !>- vo Aj aj aj TV) vo H \DvDVO3 - vn -fs vo vo A) H" Aj AJ M <£3 00 J> O- \D CO 00 X> H VT? aj 4N \D vn o AJ vo AJ 4>- vn .^- vo Vo AJ H AJ AJ aj r ^3 p~0 V) *V0 %0 VO *^> -0 "v3 H AJ <3 H M»HO -D 00 4>~ vrtJ^-vovoAJHHHAJ l^)V3V3V>^0 ,OVO^O^# I-1 W -si H U) 00 vD -vD 62 drastically decreased due to the establishment of the Smoky Mountain National Park, During World War II, the war economy prevented mass deprivation but by the end of the War , the Cherokees were actually suffering. After World War II, while the nation prospered, conditions of the people of the Cherokee Reservation and the counties surrounding continued to decline." (From works by the Cherokee Indian Ag e :i cy , S o c i a 1 Service Department.) Although the Cherokees have done much to increase the standard of life on the Cherokee Reservation, with the poverty status of 54 ; 99 percent of the total individual inhabitants existing with incomes less than the poverty level, and 52,17 percent of all the families with incomes less than poverty level, it is obvious that dynamic improvements on the economy will have to take place in order to provide the minimum of necessities,, comforts and luxuries that is essential if the Cherokees are to attain equal monetary status as determined by* non-Indians, 63 CO >u T! H o p fD G fD P SB 4 4 O P CD H- O O o o o P H h d- Hj fD fD p Cb p P' CO P P ro r+ h-3 c+ c+ O fD O i- < & fD c+ ON O fD a c a fD p CTi Mj "TJ Cfl H° p o H fD 03 CO CO CO c+ c+ Hj 4 P^ D" CD & 03 C+ J H P- fD O 03 H c P o o o S I I I c+ hd s c p a O P •i H° p — d- c+ H IV) P" fD P^ P i P H P^ Hrj -&> o p H 1 o a> ca ro —3 VI VJ vji o -^ CO —4 rr- ro -J O H' H § ° H o CX) v_n _p* 00 H CO vo H vo Co VJ1 • -4 vo O P VO -J -4 o W H O » a» p" 03 Pj o H« £ P 4 p O 03 fD w 03 H VQ €/3- -4 H O -P- ro CTN v» H -J VQ U) VJ1 CO ON CO CA 00 0\ —i oc vo 4=" VI ro CO -q o VO e*H CO 00 v_n w H oo 00 ~J CO o C" c> a\ 4^ vj^ a\ vn -J —3 —5 c: o VO 4=" -^ 64 Gra ph Number - 3 POVERTY STATUS OF THE POPULATION EASTERN BAND OF CHEROKEE INDIANS, NORTH CAROLINA a THE UNITED STATES, 1970 INCOME LESS THAN POVERTY LEVEL 60 60 50 50 40 40 30 30 20 20 10 o 03 (_> (/> Ul z z» Persons - % of all Persons Families - % of all Families EDUCATION & INCOME Chronology of Educational Developments 1799 Hearing that the Cherokees desired teachers, two Moravian Missionaries visited the tribe to investigate the matter. Another visit was made in the next summer, and a council was held at Tellico agency, where, after a debate in which the Indians showed considerable difference of opinion, it was decided to open a mission. It seems the Cherokees wanted schools in which their children could be educated more than they wanted intrusion of the missionaries new theologies, but, they could not have one without the other and the weighted value placed on education resulted in construction of the first school and mission amongst the Cherokees, (1821 - Another Moravian mission for the Cherokees was established in the same county c ) 1804 A Presbyterian minister of Tennessee opened a school among the Cherokee, which continued for several years until aban- doned for lack of funds, 1817 The American Board of Commissioners for Foreign Missions established its first station among the Cherokee, The government aided in the erection of the buildings, which included a school- house, grist mill, and workshops. The mission prospered and others were established elsewhere by the same board. Two hundred Indian pupils were receiving instruction in these missions in 1820, 67 1875 The first agent since the retirement of W. H. Thomas was sent out in the person of W. C. McCarthy . He found the Indians, according to his report, destitute and discouraged, almost without stock or farming tools. There were no schools, and very few full- bloods could speak English, although to their credit nearly all could read and write their own language, the parents teaching the children. 1881 The neglected condition of the Eastern Cherokee having been brought to the attention of the Quakers, through an appeal made in their behalf by member of that society residing in North Carolina, the Western Yearly Meeting, of Indiana, volunteered to undertake the work of civilization and education. On May 31, 1881, representatives of the Friends entered into a contract with the Indians, subject to approval by the Government, to establish and continue among them for ten years an industrial school and other common schools, to be supported in part from the annual interest of the trust fund held by the Government to the credit of the Eastern Cherokee and in part by funds furnished by the Friends themselves A yearly contract to the same effect was entered into with the Commissioner of Indian Affairs later in the same year, and was renewed by successive commissioners to cover the period of ten years ending June 30, 1892 when the contract system was term- inated and the Government assumed direct control* Under the joint 68 . „ arrangement, with some aid at. the outset from the North Carolina Meeting, work was begun in 1881 by Thomas Brown with several teachers sent to Cherokee by the Indiana Friends,, who established a small training school at the agency headquarters at Cherokee p and several day schools in the outlying settlements . He was succeeded three years later by H D W Q Spray, an experienced educa- tor, who, with a corps of efficient assistants and greatly enlarg- ed facilities, continued to do good work for the elevation of the Indians until the close of the contract system eight years later After an interregnum, during which the schools suffered from fre- quent changes, he was reappointed as government agent and super- intendent in 1898,, a postion wherein he served for the next, eight years 1913 A building program was initiated which gradually brought, the school up to date 1929 By remodeling the school evolved as a then modern junior high school As the Government had always had complete supervision over the school, it was only natural that the state would take no interest in its condition, and so it was neglected. The students were given practically no encouragement to continue higher education after leaving the seventh or eighth grade Commissioner Cato Sells visited the school in 1913, and his subsequent recommendations and appointment, of James E, Henderson 69 . as superintendent and agent, marked the beginning of a new era of development and progress in the school When Henderson assumed duties in 1913 the school had an enroll- ment of about 200 boys and girls, and the condition throughout the plant was bad„ The school consisted of one small school building, one boys and one girls dormitory, the administration (or office) building, and one or two oid cottages. Acetyline gas was used in the lighting system and it was poorly and expensively operated. As the result of Henderson' s interest and his desire to aid the Indians, by 1929 the school consisted of two fine up-to-date school buildings with sufficient accomodations for the 473 enrolled stu- dents. Other facilities at the school were a training school build- ing for mechanical arts, such as shoe making, carpentrying, black- smithing, etc.; a fine auditorium, with seating capacity of five hundred; a gymnasium, a number of new cottages, a dining hall, bakery, laundry, teachers club, and hospital, and they were all painted glistening white,, A hydro-electric plant and dam were in- stalled* It supplied sufficient electrical power for all lighting and mechanical purposes . A new enclosed athletic field, a new re- sevoir, and a beautiful river-rock wall, four or five feet high, that enclosed the front of the campus along the then No, 107 highway and near the banks of the sparkling Oconalufty River, constituted the main improvements developed under the direction of Henderson, 70 In 1929 there were two Cherokee boys in college, three boys and two girls in junior colleges, three boys in North Carolina high schools, and one in high school in South Carolina,, Up until 1929 four boys had received college degrees, and two girls had completed the graduate nurses courses and held registered certificated for the State of Pennsylvania. 1974 The Cherokee children have continued to be educated in these same buildings up to the time of this writing with the excep- tion of the new elementary school opened August 1962. Due to the buildings being in a deplorable state of repair, inadequacy of size and the inability to work out a satisfactory arrangement with the North Carolina Public School System, the Bureau- of Indian Affairs and Tribal officials appealed to the U. S. Congress for funds to be appropriated for the purpose of constructing new high school facilities at Cherokee. After 17 years of continuous appeal, while their children were occupying condemned and unsafe buildings, the Tribe can now see their new high school being erected. It will be one of the finest schools in the South, with all the best of education equipment and of the finest design. Educational Status No part of Cherokee life has been more important to the Tribe, past or present, than that of good education,, The total number enrolled ages 3-34, as a percent of the total population displays 71 * ' ' q CO fO H H —1 vn c:> CO \r\ L-i ;-\ Ph CO i-r; i_i. o 'OT CO -p- O H« 1— cj o d] c+ P p H hd OQ hj CD : d P hd 4 H3 1^ -1 6 $ 1 H i- 1 Pd ch el" c+ O P P P H ci P c! 3 CO O o L- 1 1 O O O O Pj P-> 4 fD a a fD cr CD cy CD ch o 'ed 1 — td H O G'Q I— CO i P H 4 H 4 P H '< CO IO H ON -P~ H ro H° o^ H° c+ H* M H- H Xffc; W 1 -p.- 4=- -4 icy H O p" O P O P O td H c co cd 1 hd • 2 O CO O td Pd k td. i-3 . vji p- VJl • ro o 1 M VO VO CD U> H ro H o K r> --^ CD O VO CO —3 CO vji VJ) O CO p- vo VJl H 4=- Cd h, Q . • • • • • o • • o i P 1 .... i o td I-1 CO —3 D CO O CD ro VO VJl CO -q CO — CO o VJl O i-3 > l -j p CO -q o\ On CO -J H 1 CO • O td 8° " -. CO l-H C 1 o • P t"1 i-3 > o H M K r3 4> S hj fD fcd > td 4 c+ p H» pf 4 9° O O (D d i-b vji p- VJl [NO CO VO ro ro a\ _, H c+ 1 § 'X) U) v O CO Ul WO vo vo VJl vji Co o I- ro H 2 H pr CO O ...... • • • . • • fD fD O H»d -P* -P" VO CO O CD o vo --q -O H ro CD -p- ro O Pj Pd • ^ ON -i— ON CO CD CD a\ o ON && q2 o H° p LO M fcH P c+ 1 H3 H- -0 td P - co o ^i W - P U) vO VO —J H VJl H ro ro .pr VJl Ki DO -p- j -p- H o\ to -j ro ro r^- H i- p- VO VJl VJl H cl 4 h3 vo - • • • • • • CO > ~J H O ON 00 -P-VJT C0 -<1 VO co -P" CD ro o VJl ON CO • i-3 VJl —q CT\ VO : o fO O CO o ! o CO H pj H vo O 72 I I LT co o I en vo CM o co o o co oo T3 I CO ^r oj LO prl LO lot o m co CO LO E-i ™ < .1 cc CO ^3- c~ LO, Ei OJ CO cr c t I I H tJ ! F' i H Oh I ! W CO O ' C J b cd _j. P H t>- LO cr-, C\ <-v~ CO •H M [r 1 LO, CO CJ .z^~ H C~ C •=3" -c 3 C ' CD O! c m c^ OJ CV* O CO H H CO H OJ H CI rH CD shi cr t— C K t>-C7. cd C rH rH •H -H *% fc £ « cd CD C cr C a c 0) «H < -P rH Cti O •»ia P h Ph cr: cd H T3 O 1 c T3 ^-n cd CD X" OJ P P v-^rH •H Sh cd C O k 13 ^ P 3 p Ct *\ " d c c c 5 O •H vH •H Cm . • CD CO CO CO P cd • • • p 1=2 X=> !3 CO HI r^ OC3 CO 73 the value placed on education by Cherokee parents: Total Enrolled 3-3^ yrs . old (1970 Census Reports) S.B.C.I. N. C. U. S. 32.59^ 27.193 28. 35^ Enrollment Is considerably higher with the Eastern Band of Cherokee Indians than that of North Carolina and the United States. Federal programs in the form of "Head Start'' and "Follow Through" have made an impressive impact, already visible, on the education of Cherokee youths. The following table (Number 12) clearly shows school enrollment of Eastern Band of Cherokee Indians to be well over national and state averages for the early ages, but the Tribe falls short of these averages for high school and college enrollment. The atmosphere of the present dilapidated high school is not conducive to good attendance and could be a facotr in drop-outs. When the new high school is completed and occupied, a change for the better is expected in enrollment. Evening education and training classes are expected to push the group (ages 18-34) enrollment well over the state and national averages. The area of greatest need at this time, is in the area of high school completion and college education. In the category of "'number of school years completed", the Cherokees are ahead of the State and Nation uo to the third vear in high school, where education level takes a drastic swing down- ward, indicating the drop out trend begins in the high school 74 . „ years and continuing education is at a miniscule per cento More college and graduate scholarships are greatly needed- Underlying causes and reasons for Indians to reject education from the high school years on is a very complex social and cultural issue which time and space limitations make it impossible to be handled with any justice in this report, Although the Eastern Cherokees have problems with school drop- outs, they have a much lower rate than that of other tribes Median school years completed for Eastern Band of Cherokee Indians is 9.0, the state is 10,6 and the nation is 12 a l e A few national Indian education characteristics are: L The average educational level for all Indians under feder- al supervision is five school years* 2. Dropout rates are twice the national average 3 Indian children score consistently lower than white chil- dren at every grade level, in both verbal and non-verbal skills 4. The longer the Indian child stays in school, the further behind he becomes, 5, More than one out of five Indian males (22,3 percent) have less than five years of schoolings Cherokee Indian education levels need some improvement, but not nearly to the degree of other American Indian tribes „ Educa- tion has always had top priority with Eastern Band of Cherokee 75 o o Indians o Their determination to provide their youth with adequate education facilities is exemplified in their struggle of 17 years for a new high school By taking the total population between the ages 25 to 34 years to be 100 percent and distributing the number of persons in corre- lation with the years of school completed,, further separation of males and females, the following conclusions are made: (a) Fewer males than females have less than five years edu- cation, (b) More females than males have completed eight years of school o (c) More males than females have completed three years of high school (d) More females than males have graduated from high school (e) More males than females have completed one to three years of college, (f) The percent of college graduates is so low t.hat the per- centage is insignificant, for both males and females while the state and nation enjo^ percentage of college education (4 years or more) as: E.B.C. I. N.C. U.S. Males -0- 13*46 19 2 2 Females -0- 10 61 15,36 76 1 I I 1 1 ' • •- o -Pa HD r> aj rH cn Q T3 O rH H O , - rj LO r-- iX) o i£> vO CM CO • co lo oo 00 X) CO KQ , co CO en CT> CO OO CM CM u CO 1X> rH O st O CM ro u ^g CO 1 > . u ID rH ro st LO m ID H ro ^ 00 ro st LO z MH rH rH > CO rH st rH st 1 o ro c st a) ro -H -p -P -p ro ro -P +J • CO LO r*- rH en ro i£) LO , o en ro 00 ro LO r-\ rH CO u lo c£) ro O st st ^ CM U V£> LO S? O LO rH U3 3 LD 1 a •- CM J3 CM r^ r» CM o ro » 13 h h. m st CM r-\ O o CN CO rH rH CO CM st CL. r- ^ CD en CO rH CD ro t— B rd CD CO 2 • fe > MH c H H O ro . rH > 1 1 CTl rH m CM •- <: o * r^ |X| cn ! rH rH ^-^ CO d d o CM CD -— • CTi H ro m CO CN en CM • \D CM LO CO CN \D O H CO en rH CM CM en CM CO rH -H CO CM O rH rH LO LO CO u •H -P • JJ . ID > rH rd ID CM fO ID 1 1 !h i-H rH ti c CD 2 3 O o CO ft OJ -H •H o -P 4-> >1 fH , o kD vD LO st* CM ro CM CH . CO r- o ^t CO en r- (0 ro -p U CM .— Kt1 *t ro CM v£> CO u ro O CM CM CO sf st rH H -H rH • rH , 3 r^ d rC 53 KD rH CM ra !3 'X) a a d 4J JJ R 0) a, Eh En O OJ CD U r> MH ro m H O 1 vO KD ro CO 1 H O st 00 CO O I rC rd • in O st VD st LO ro o O • CO cn co en LO CM O -P -P MH • u 1 1 u I O +J . lo CM rH -P . KD CN CM m «4H d PQ d PQ O 0> • CD • > u W a) rj W a) CO CO •H u u H u 3 d Q CD CD o CO CO • • 1— • • • •• «. o, O T3 e cu LO • B C d -P iH CO CQ CO CO CO LO • >i CO CO o CO rH co CD 77 Graph Number- 4 YEARS OF SCHOOL COMPLETED- MALES EASTERN BAND OF CHEROKEE INDIANS, NORTH CAROLINA 8 THE UNITED STATES, 1970 PERCENT OF MALES, 25 TO 34 YEARS OLD 10 20 30 40 50 ELEMENTARY- Less than 5 years 5 to 7 years 8 years HIGH SCHOOL- I to 3 years 4 years COLLEGE- I to 3 years 4 years or more E.B.C.I N.C. U.S. Graph Number - 5 YEARS OF SCHOOL COMPLETED- FEMALE EASTERN BAND OF CHEROKEE INDIANS, NORTH CAROLINA 8 THE UNITED STATES,I970 PERCENT OF FEMALES, 25 TO 34 YEARS OLD JO 20 30 40 50 ELEMENTARY- Less than 5 years 5 to 7 years 8 years HIGH SCHOOL- I to 3 years 4 years COLLEGE- I to 3 years 4 years or more E.B.C. N.C. U.S. This puts a burden on the tribe to find qualified Indians to take the place of non-Indians in positions of administration, Income It has long been noted that there is a correlation between the level of an individual's education and the amount of income he receives, Where the education level has tended to be low, income has frequently been found to also be low c In today's technical socity good education and training are f a must for an individual who wishes to acquire a well paying ]ob c Future trends point conclusively to the fact that a mere thorough and complete education will be needed by tomorrow's job seeker for almost every job, The 9,0 level of the Eastern Band of Cherokee Indians,, the 10,6 level of the state and 12,1 level of the nation indicates the Cherokees lagging far behind the nation in preparing their youth to compete with the outside world, It is inevitable that the under-educated people in the Tribe would act as a drag on the economy. The Reservations median family income ($4^125) in 19"^0 was $3,649 below North Carolina" s and $5,461 below the United St at.es. Median income, mean income and per capita income of persons are all about one-half that, of the state and much less than haxf of that for the nation. One reason for the low incomes can be traced to the low edu- 80 cational levels and their accompanying impediments to the kinds of development conducive to high paying industry locations and the dependence upon tourism activities for income. Of all the Indian families on the Reservation, 62,24 percent have incomes of less than $5,000 while 84.35 percent of the nation's families have in- comes over $5,000, Female income (ages 16 yrs. and older) more closely follow the percentage of the state and nation, although they are considerably lower. But, incomes for males 16 yrs. old and over, show violent swings into the brackets of low income. In the category of income $1 to $999 or less 26,38 percent of the Cherokee males are found. 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CO ITJ H 85 EMPLOYMENT Occupation Economic characteristic of the Eastern Band of Cherokee Indians can be determined by examining the features of the labor force in relation to the number of weeks worked, employment status „ percent males and females in the labor force by age groups and types of occupation. Chapters seven and eight establish the factors respon- sible for the economic base by identifying industry, businesses and services c A more in depth knowledge of the problems concerning the Cherokee economy is illustrated by employment statistics a Of the major occupation groups, males employed, 16 yrs, old and over; the largest percent of those employed are in "Craftsmen, foremen and kindred workers" f while the lowest percent of any cate- gory with enough workers to be evidenced is in "farm laborers and foremen". The second highest category is among "service workers" We find the regular employment of year-round jobs to be female dominated under the category of "operatives" «, The second highest category for females is also in "service workers" which for both males and females is seasonal due to the tourist industry. Other categories of occupation follow similar patterns of the state and nation with the Cherokees trailing in percentages of the higher 87 - i to en *l to tr1 O a o CO s hJ g TO CD ^ p P B, t) 4 H p p 4 p O H» 4 4 H go •j :~ w p s! W CD 4 3 « 4 O H 3 o o c+ O 4 ^ci >» CD >* g5= W c+ 8° CD 3 P ^O p CD a> •6 rn a c C P" >-S to CD O P Q P P H c+ • en hrj ?T hS P X >-i n _ ^ w 4 > H 8° O p P en CO en CD W CD 03 4 o c+ 3 «: o H« 00 P Q, Si « ^ d- c+- • • • P* O 4 9 CD o O 4 ^3 O O CD H« (!) O £ 03 R° •Tj H 4 CD P4 p H' 4 t^ < P O o o o H CO v. S c+ c *" 4 tV CD CD O CD CD C[> P 0) *d p CD CD CD H cd tr 4 J H M) 3 3 P p CD o lis to H< 4 pi w *! 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C — o H o CD rG CM U 4J 4J w pq 03 •H 5m "5* C O U c2 P rH CD 3 Cm G * - » ro H a £ a 5m JJ o o o d fD ro •H -H -H 4J rH • x> +j 4-J +j ro 2 U ro ro ro S a • o rH rH rH s d d d Mm 04 Cm Cm Oi O rH Cm ft (m . re 4J CD CD t CD Eh H CO D JJ 4J Q in Sh IH u co £ -p CD Mm 89 , paid groups such as the field of "Professional, technical and kindred workers" „ (See the following table,) Labor Force All Cherokee age groups, both male and female, have a smaller percentage in the labor force than the state and nation except females 25 to 34 years old where they have a 9,9 percentage-higher participation rate than the nation and a miniscule 2,4 percentage higher than the nation for Cherokee females 35 to 44 years old. The percentage of the Cherokees in the labor force is signifi- cantly lower for the males, as all age groups fall short of the state and nation by as much as 28 percent, and for females,- as much as 34 percent. Due to the functions of the Bureau of Indian Affairs, the Eastern Band of Cherokee Indians has 18 D 69 percent more government workers than North Carolina as a whole and 17,66 percent more than the United States; and 2,41 percent fewer local government, workers than North Carolina and 5o57 percent, fewer than the United States Of the private wage and salary workers, only 66,67 percent, of the Cherokee population employed p age 16 years old and over fall in this group. Employment Status While tourism has provided welcome relief to the Eastern Band of Cherokee Indians, it has in no way left, the Cherokees without 90 i CO 5H ^ >1 CO ro P CO CN r- ID 5-1 o vO • o [ - rH ID LD 00 r> r> 2 t , r> rH Ul LP) cm 1 > •xf CM o CO CM H H3 B O u o o r> ro LD 3 c fa H ^6 a H r^ ^ r- H 00 fa c f0 ^3 ro -P -1 CD U O X\ •H 4J B 5-i ° CD O M-l m 6 r^ CO Resour in CO LO o fa 00 CN LD •xt rH CO o 00 H H rH Population-PC ID H rH o r> CT Economic rH ^-\ fO p> ^D r> LO CN CO U o CM CO CN o Eh CO & H 13 rH H the L|_| P rH fa 1 H H 01 to —1 ^ 1 ! rH v£> i CM r^ CN ! , 4J ^ CM xt I xt CO pq cm r- co oo vd pq h st1 tn in n a; H co to u fa -P 3 2 w w LT) CO 00 0j CM 00 LD LD rH H a mh a. PQ 3 OJ » lO 91 employment problems . The seasonal nature of the industry causes unemployment to drop as low as less than 1% during peak seasonal months and during the winter or off season months, unemployment will climb to high between 20 and 30 percent „ Since the main part of the tourist season lasts only through June,, July, August and September, the workers in the tourist trade are unemployed eight months out of each year. The above unemployment rates indicate approximately 25 percent, for off season months and although this is high, it does not include the large segment of the Cherokee population which is actively seeking employment without the aid of the Employment Security Commission, Another important element is the percent of the population age 16 years old and over that is considered to be in the labor force «, Only 61,01 percent of the Cherokee males in this age group are considered to be in the labor force and only 38,97 percent of the corresponding females are considered to be in the labor force . The percent of Cherokee males, 16 years old and over not in the labor force is so much higher than the State of North. Caro lina and the United States as to seem unreal as it is nearly three times higher than either .- (See following table ) Weeks Worked The unemployment, problem in Cherokee is further emphasized by the extreme variances in the number of weeks worked as compared 92 1 1 I 1 i 1 I O O 00 nO o o o r>- m o oo 00 O rH cr> r\j CN rH CO no r> oo co -vt Wl^ ro H H ^) CO I Q Oj Oi i ro a Eh • Hi Eh Sh H H Mi d d d 2 m m! mh o o O fa ON] W u HOH St O U I o o r> oo o) u 00 oo vO •H »H •H re r$ w , cn r-, m • JO O ID CN cr> o m 4J 4J fa 2 w #q PQ PQ o o PQ fO rrj ro • o . 00 X> rH r-1 CO 0M CN CN rH rH rH rH m os W rH H W Hrl w 3 o w M O O o o u CD 0) PL, Pi) fa fa U u mh !h u CD CD CD CD u o CD O ,d ,d rd Q fc CD fa 4J & fa fa fa Q u > ft ro r Z CD U O O ^3 J mh fa m o < >l CD cu o H O T5 o o o u pq o U pQ U o ro S-f ro CU U ft CD u u & OS o J o CO OS fa r-J —I fa Sh to fa w T) d O d o rH C —I o Mh Eh rH M ro fa. rH re fa >1 •H o O CO O fa O o u u u < rQ TS H u to rQ T3 rH T5 .C in CD w • CD ro CD •H u CD ro CD -H O ON] CD U O CD fa CO U fa Tj >i > -Q >1 O J T5 >i > JQ H co u CO CO CO ro U rH CD H ro U 0) O -H ro rH T5 Sh fa >H d >1 rH U J o c i-Q o rd CD p p p CO fJN h 03 a fa ro o a r-i ijl >1 fa i-H nO H —1 E m C rH E C X) rr •H O # rH SH — a 0) •iH m U Cu CD H w HI rH -H E £ (b o E C! •A fa w CO r3 > W P JJ iH H p -P CQ 4J -P E u fa; CD ro •H rfl ro o CD O O CD OS .H PQ pH J U z E 2 SZ3 13 £ p < CD Oj ro o Eh SI fa CO 93 to the state and nation of males and females 16 years old and over, Loss of labor force is also evident by the following table showing the percent of workers as to the total population. When compared to the state and nation, fewer male Cherokees work year-round and more Cherokee females work the full year, In general, males can find work only in the summer months by working in tourist oriented trades and services and are most often unemployed the remainder of the year. 94 1 1 — 1 u J "* r^ r^ U -st O KD CD 03 G> cn r* CD t> CO o > • > O ID LO kO o o H CO H; LO rH rH CN rH rH <3 c3 T5 r— rH O . o UO CM O cn [**• rH U CO rH CN CO CO a \Q \o rH w St U m rH rH CN rH rH 1* a VO i-H • rH H CD . CD o i-H u r* rH rH rH UD CO r- fC . CN l> O ro O CO cn S m t • s £ rH CO LO vD CD KO CN ^ w no ro CN |3E| CN -st CO c d ro H H T3 -P C ro • CO ^ CO H CO H CO ro <# "vf O o CD P • o r^ d U a ID ro CN ^f r> CTi ft) u m r^ cn o> rH u p cu rH •rH ^ P Cfl «. ro CD CD iH CQ C S a • ffl UD O «sf" CD H < 4J u cn ro \D O -P rH u • ro V H Eh s LD sf H; H 4J H fa 6 PO LO u CQ LO i r^ cn rH Q) i CN CTt ^ - » fO 04 w a c c P P H H •H P P -P P ro ra ro ro S •0 rH rH rH 0) P P P m M El, & a. o U U 04 fH &4 * CD p u > CD CD CD CD a w CD o U A rC rC CD X > d p P P Q CD o ta CD 0) Tj m m M-l » £ 4 H rH Cfl U > T3 CO O CO CD CO CO CO A — CQ CO £ p p p a O CD CO CD CQ CQ CD CO 0) Cfl CTi r* X r-^ CQ ^ M H •rH S fi C d IH KD • CD CD U CD CD ro P CD CD CD CTi w 0) cu u >i CD CD M P ro U CJ U rH P £ s £ £ O P m 6 CD >1 ^0 ft d H -P d CN 0^ CO rH CN CTi Cfl ro CO CO CO ro 1 H ^0 LD xt ^ LO 95 o PAST ECONOMY Beginning of Changes Changes in economic integration are at once the most obvious and the most fundamental of all of the changes that the Cherokee society has undergone in the last, one-hundred and fifty years „ The transformation of the people from a partly hunting and partly agricultural group of warriors into a sedentary and totally agri- cultural population was a most notable event, The more recent, transformation from an agricultural population to an industrial- ized and business oriented society is phenomenal, The first things to be introduced among the Cherokees were improved weapons and cutting tools of metal for old time stone and bone implements, These importations began as early as 1700, White traders began to infiltrate into the country and to bring in white agricultural complexes as well as trinkets, whiskey and guns. These traders took native wives and settled in the country Their mixed descendents soon became the ruling class in Cherokee society and exerted an enormous influence in the changing of the native culture through political leadership, These mixed families engaged in stock raising and the typical pioneer industries of the white colonial English settlers. (Mooney, 1900, pp 213-214) 97 , The dates of introduction of the various white culture traits are not precisely known but are approximately typified as 1700 or 1710 for guns, and 1740 for horses <= In the latter year a horse trail was opened between what later became Agusta, Ga os, and the Cherokee country* By 1760 horses had become exceedingly numerous and by 1775 every man had at least from 2 to 12. The cow was said to have been introduced some time after the horse by Nancy Ward. The hog was probably introduced at the same time and bees were kept for their honey from as early a date, European fruits were cultivated early (pears were introduced in 1670) , and potatoes and coffee were brought in during the eighteenth century. Spinning wheels and looms were first used shortly before the American Revo- lution, being brought in by an Englishman in 1770 who taught their use to his Cherokee wife, By 1791 ordinary English farming tools were in use and the plow in general demand for cultivation*, Total replacement was the order of the day, The early arts in shelly stone, and feathers seem to have vanished at the first con- tacts with the white men, and, by the nineteenth century, of the older arts little more than split basketry and wood carving were retained. The ancient square house of poles was abandoned about the close of the eighteenth century for the log cabin of the white pioneer, which latter has been retained with few exceptions until the late 1960's when the Tribe engaged in federal housing programs (Featherstone haug, 1847, p, 287; Lanman, 1849, p. 93). About 98 the same time as he abandoned the house of poles, the Cherokee also took on the buckskin clothing of the white pioneers. The aboriginal moccasin lingered on until nearly the close of the nineteenth century (Ziegler and Grosscup, 1883, p, 15), The disappearance of deer and bear led to changes in the meat diet in favor of pork and beef. The original vegetable staples , corn and beans, were retained in the diet and supplemented only slightly by the white man's foods. Gradually the Cherokees became surrounded by a white man's world upon which they became partly dependent, for the means of obtaining food, clothing, and shelter (Gude, ms,, section on Culture Contrasts) , Their own cooperative efforts became gradu- ally more and more obsolete. By the end of the nineteenth century the neighborhood cooperatives had become almost extinct. All trade had to be carried on in terms of white man's currency in- stead of the skins and textiles formerly used as medium of exchange and standard of value, Cherokee boys grew up to learn white man's trades. White markets were the only ones to take their produce of the farm, pasture, or the forest, Finally, a more subtle and far-reaching influence began to make itself felt in the economic life. The white man from the first had tended to change the natural as well as the social en- vironment of the red man. As the exploitation of the natural resources of the southern Appalachians became more thorough, the 99 whole system of economy of the Cherokee was removed from his life. The wild game disappeared and little was left outside of a few ro- dents and small birds . Fishing became less remunerative and sub- ject to all sorts of restrictions, Even the Cherokee's efforts to adopt live stock were subjected to hampering regulations. Lum- bering interests came into the area from the north and bought up timber rights, with the result that huge areas became denuded of all trees . Mining and chemical interests dug into the ground and poisoned the plants over vast areas as well as polluting the streams . Finally, the water power interests came upon the scene and dams began to be built across the valleys, and lakes appeared where formerly small Cherokee homesteads had stood „ Electric power became common in the towns nearby,, The spread of communica- tion and transportation had completed the havoc with the native culture. In the middle nineteenth century came the steam railroads and the logging trains and in the twentieth century came the auto- mobile tourists with their demand for "Indian relics" In 1942 the first telephone line was laid into the secluded valley, Big Cove, for the benefit of the Government forest-fire fighters. The Gadugi Typical of the changes that took place in the native economy is the example of the cooperative companies or gadugi „ Butrick describes the people of the village community as cooperating in 100 each other's fields in cultivation under the direction of a head man whom they had selected from among themselves, A century later F. Starr, while sojourning among the Cherokees, found the gadugi virtually unchanged from the condition in which they were descrbed by Butrick (Starr, 1899, ch. 21, pp. 140-147.) But about this time there commenced a rapid series of changes in this institution, The gadugi began to hire out its services to white people at fixed rates by the day and became in effect an ordinary labor ga.ng Q This change in function led to a dependence on white people for wages and subsistence instead of a reliance on their own unaided cultiva- tion of the soil by mutual aid. Consequently the gadugi came under the North Carolina regulations as to corporations and became sub- ject to taxation, Unable to meet the taxes from their earnings, the gadugi soon declined and mostly disappeared in the opening years of the twentieth century, To this decline the Cherokee at- tributes the reason for the disappearance of the once prosperous farms that used to dot the hillsides of their country. The place of the gadugi was somewhat inadequately taken by the Farm Organi- zations sponsored by the Indian Agent, Cato Sells. The farm or- ganizations, one for each town, were designed to include all of the farmers of a given community in a cooperative effort to se- cure better crops through improvement of seed, cultivation methods,, and the like. The gadugi was but one of several forms of cooperation among 101 the Cherokees which were gradually done away with under white in- fluence. A similar case appears in the Poor Aid Society of Yellow Hill in the center of the Qualla Boundary. In the later nineteenth century, the American Government took over the work of the Quakers in the education of the Cherokees and began an active program of bringing the younger generation into the Government day schools. In Yellow Hill a manual training course was estab- lished for the boys who were taught to make various handicraft objects. Among other things coffins began to be made at this school and soon the whole town was supplied from this source and the coffin maker lost his job. The office of undertaker was also made less useful and the whole of the funeral functions of the Poor Aid Society vanished. Soon the effects of the health and welfare service of the American Government made itself felt and the rest of the functions of the Poor Aid Society vanished also. So it came about that the cooperative and mutual aid among neighbors in sickness and death disappeared in favor of direct Government aid in Yellow Hill, The same thing happened, only more slowly in the other towns of the reservations, A New Economy In 1929, while attending the University of North Carolina, Cherokee, Henry M. Owl, submitted a thesis to the faculty in 10. s which he described the then current economy: "The industry of the men consists of farming main ff lumbering, and day laboring on public works. The women make a great number of baskets 9 pottery and bead work. The farming among individual families is only on a small scale as the country is too hilly and rough for extensive farming, Only about a tenth of the land is available for farming purposes, Corn is the main crop, The ordinary Indian fields average from two to five acres and the greater part of that acreage is on hill- sides, Near each home is always a garden because corn- bread, hominy, potatoes, beans,, cabbage and onions, in their seasons, form the most, important part of the Indian diet. Hogs are raised and form the meat, diet,, Beef is scarce among the Indians, Chickens can be seen in every7 farmyard. The Indians gather berries, grapes, apples and peaches in their season, In late years fruit growing has taken important strides as a phase of farming, A stranger visiting the reservation marvels at the absence of horses, Few Indians own horses today, About a half dozen teams of oxen are still to be seen plodding along the reservation roads hitched to wagons for hauling purposes. The lumbering industry includes the cutting and hauling of railroad crossties, telephone poles and acid wood. It has been capably estimated that not. less than 30,000 worth of acid and pulp wood is cut. and sold each year by the Indians from their own lands. For every tree that is cut from the Indian lands for a sale l? stumpage fee of fifty cents is charged and placed to the credit of the general Indian funds. The cutting and shipping of telephone poles for sale has only re- It cently begun. was estimated that $15 y/ 000 worth of poles was shipped out last year. The amount, of sales for basket , pottery ;/ beadwork and handicrafts made by t the tribesmen such as bows, arrow, Indian spoons, walk- ing sticks, etc,,; this year will reach nearly $12^000, according to the clerks of the reservation stores, (Sales amounted to $10,000 in 1927), The fact that the Smoky Mountain Park has been assured of permanency will increase the Indian's chances each year for better and bigger sales for their handicrafts, because the tour- ists will more and more visit the reservation as the Park develops," 103 - The Economy Falls Prior to 1940 some employment was available in the logging industry, but this was drastically decreased due to the establish- ment of the Smoky Mountain National Park During World War II the war economy prevented mass deprivation but by the end of the War, the Cherokees were actually suffering. After World Warr II. while the Nation prospered conditions of the people of the Chero- kee Reservation and the counties surrounding continued to decline. The years 1955 to 1959 saw the Cherokees reach the lowest ebb in economic deprivation Practically no employment was available during the winter months and in addition the boarding schools had closed and the children were in their homes the year round for the first time in many years of Cherokee history, As late as 1960, the per capita income of the six western North Carolina counties was $836u as compared to $1,169 average for the State of North Carolina and $1,901 for the nation. The Indian's plight was con- siderably worse, even in this depressed area D Cherokee was relatively undeveloped up to t.he year 1944 when a limited amount of development occured based on tourist influence It was not until the period 1949-1954 that any further development activity took place and even then it was unsignif icant. At the close of World War II the Cherokees were still largely- dependent on agriculture and sale of timber resources for support. These sources proved totally inadequate to support a reasonable 104 standard of living for all the Cherokee people. The first outside source of additional substantial income was developed with the growing tourist trade commencing in the late 1940 's and has continued at an accelerated pace in the succeeding years. This did provide welcome seasonal employment. a However, the members of the Band were largely handicapped, particularly in the early years of this devlopment because of lack of capital and inadequate means of obtaining credit, problems relative to leasing and use of land, and the lack of managerial skills among all but a few of the Cherokee people. The 1950 's brought a devastating blow to all Indian Tribes by way of the threat of termination, For nearly 10 years tribes were pressured to liquidate assets, credit funds were denied and in general all progress was halted. A pronounced example of the failure of termination is the unforgettable disaster of the Menominee Tribe of Wisconsin. A once self-sufficient tribe under federal protection, once terminated, dropped to the lowest con- dition of indigence in a matter months . (Whenever a tribe has been terminated all federal assistance stops ) By 1955 the threat of termination had begun to subside, The Bureau of Indian Affairs then established an Industrial Devlopment Branch Program that worked with the Tribal leaders to bring job producing industries to Cherokee. 105 „ - " Rebuilding the E conomy Boundary Tree was the first Tribal Enterprise to be developed.. It had its beginning in 1948 and was set up to provide work and training for returning servicemen, The Cherokee Historical Association established the Drama "Unto These Hills" in 1950 and the Indian Village in 1951 i? both are major tourist attractions which draw millions of tourists annualy to the Qualla Boundary, In 1956 g the first light, industry was established in Cherokee and it provided relief to many families then dependent on the t seasonal tourist trade. The plant went by the name " Saddiecraf for many years but later changed to "The Cherokees" „ The industry manufactures moccasins and a great variety of crafts for the sale in local shops and other craft shops nation wide„ White Shield, (formerly Harn Corporation) established in 1959 was the next industry to locate in Cherokee Vassar Corporation was built in 1963 and was the last manu= facturing plant of significant size to locate within the bounds of the Cherokee Reservation,, A furniture plant under the name of Von Cannon located on non-Indian lands nearby in the early 1960's, It was to provide jobs for many Indian males, but t.he industry was not. successful and the Tribe lost the $50,000 it invested with the company This is the only known outside Tribal investment in private en- terprise and also the only known investment loss, 106 ( The fundamental change in the economy from agriculture to light industrial is depicted in the following brief chronology of major events. (Because the boarding school was engaged in agricultural production and students provided much of the labor under training classes, it is included in this listing.) Major Events Contributing to the Stru cture of Cherokee ' s Pres ent Economy. YEAR ESTABLI SHMENT 1890 Bureau of Indian Affairs (Cherokee Agency) 1932 Cherokee Boys Club 1946 Qualla Arts & Crafts Mutual 1948 Boundary Tree Enterprise 1950 Drama "Unto These Hills" 1951 Cherokee Indian Village 1954 Boarding School (Abolished) 1956 (Saddlecraf t ) The Cherokees 1959 (Harn) White Shield 1961-62 First Union Bank 1962-64 \7on Cannon Furniture 1963-64 Frontier land 1963 Vassar Corporation 1965 Federal Programs (Beginning of) 1966 Santa Land 1967 First "National Franchise" 1973 Warrior Woodcrafts 1973 Holiday Inn 1974 National Franchise Campgrounds Motels, restaurants, gift shops, service stations, grocery stores, and other small businesses had their beignning in 1945 and have gradually increased in number to approximately 200 in 1973. The Tribe, with approval of the Bureau of Indian Affairs and with cooperation obtained from the North Carolina Legislature 107 since 1952 has imposed a levy on retail sales on the Reservation to be used exclusively for the following purposes: " (a) For paying the necessary expenses of administering and enforcing this resolution, including reasonable expenses of the Chief and Vice-Chief, and reasonable compensation and expenses of any assistants employed in administering and enforcing this Resolution, (b) For providing law enforecment and promoting public safety on the Reservation, including reasonable com- pensation and expenses of a law enforcement officer or officerSo (c) For providing and maintaining a garbage collection and disposal system or systems in Cherokee Village and at such other places on the Reservation as may be des- ignated by the Executive Committee. (d) For providing and maintaining a fire protection system on the Reservation, (e) For providing street lighting in Cherokee Village and at such other places on the Reservation as may be designated by the Executive Committee, (f) For providing such other sanitary facilities and ser-= vices concerning public health as the Executive Commit- tee may from time to time approve. 108 . . (g) For providing recreation programs, equipment u and facilities for the benefit of members of the Eastern Band of Cherokee Indians,, " (#5/1952, as amended by #414/1961 and #27-S/1967) From the year 1952 until the year 1970 the Tribal Levy was 3% on all taxable sales. In 1970 it was raised to 4% of which 3% now goes to the Cherokee Tribal Community Services and 1% is designated to the Cherokee Tribal Council Fund for administra- tion purposes, The Tribal levy provides the major support for the Tribal government and is supplemented by a few leases on Tribal properties ^ lease percentages, stumpage and some various miscellaneous incomes. The Tribal Government operates much the same way a municipal government would s but is burdened with many more complexities due to the land status and the legal status,, No part of the lands owned by the Eastern Band of Cherokee Indians is incorporated as a municipality but the total is incorporated under the "Private Laws of the State of North Carolina - 1895,, (Amended 1897 and 1899) 109 ECONOMY PRESENT Industry The present economy of the Qualla Boundary is based on the tourist industry and is supplemented by the four manufacturing plants and government service. Two of the manufacturing plants, The Cherokees and Warrior Woodcrafts,, produce items sold in craft- shops and are therefore tourist oriented industries. Expansion of governmental activity in recent years has contributed greatly to the Cherokee economy and employs approximately 400 persons on a year-round basis, Indian lands in the Snowbird Community in Graham County are without industry; manufacturing or tourist related. The tracts in Cherokee County are also without industry or business. The 3 200 Acre Tract , located near the Qualla Boundary has only a few residents and no businesses or industry. The labor force from the above three areas find employment in adjoining manufacturing plants or industries s with only a few employed in government or service related businesses. In recent years a small "cut and sew operation" was established in Snowbird and operated for several years, It was not successful and has ceased functioning. Employment in the three main manufacturing plants has not 111 remained consistent. Two of the plants, The Cherokees and White! Shield, show a gradual increase and the other plant, Vassar, show a gradual decrease in the number of employees with the exclusion of homeworkers. 3-2 5-66, 3-31-70 12-31-73 Home- Home- Home- Plant workers Plant worker Plant worker The Cherokees 104 78 179 100 164 -0- White Shield 76 -0- 98 -0- 128 -0- Vassar 118 40 76 -0- _8£ -O- Total 298 118 353 100 381 -0- As the chart shows, homeworkers have been eliminated entirely by all three plants by the year 1973 causing supplemental income to approximately 100 persons to cease The following chart shows the Indian and non-Indian employment of the three industries as of December 31, 1973: Indian Non-Ind ian Total The Cherokees 143 21 164 White Shield 97 31 128 Vassar 58 31 89 Totals 298 83 381 All three plants show a higher ratio of Indian employment than non-Indian employment a % Indian °/ Non- Indian The Cherokees 87-20 12,80 White Shield 75- 78 24-22 Vassar 65.17 34,83 Averages 76.05 23 95 112 White Shield is in the process of expanding their present plant by 56,000 square feet. When completed, jobs will be avail- able for 40 new employees* The expansion is expected to be com- pleted by the end of 1.974 „ Another job producing expansion will be within the new High School. When completed an additional 50 persons will be employed,, some teachers, some maintenance and at least one electronic engineer. Two surveys on the "Composition of Indian Employment" were conducted by the Agricultural Extension Service Office in Chero- kee, one on March 25 , 1966 and the other on March 31, 1970. The information contained therein is extremely useful but reporting methods then and now have not been standardized. 113 . . Service Indust ry The Eastern Band of Cherokee Indians possesses a unique service industry which is non-profit and provides a varied num- ber of services to the Tribe's welfare which were not previously available in the immediate area. The Cherokee Boys Club, Inc c was organized in 1964 and has experienced an economic growth of over 2000 percent from the end of its first year to the end of its eighth year, yielding considerable value to the Cherokee economy Currently, the Cherokee Boys Club, Inc., has 57 full time employees and 11 part-time employees c In addition, the Club voluntarily provides supervision, training and use of equipment to approximately 100 on a part-time basis for workers paid by the Neighborhood Youth Corps , Operation Mainstream, On-The-Job Training and High School Vocational Training programs, all of which are non- seasonal A brief description of each of the Cherokee Boys Clubs, operations follows: Bus The Club contracts the school bus transportation for the Cherokee Indian Schools and also contracts with the Cherokee Historical Association for the shuttle bus service. Transporta- tion is provided for the Community Action Program's Day Care 114 Centers, for many of the athletic teams of the communities, and the Civic Center, The 43 club vehicles traveled over one million miles last year without, a chargable accident „ The Club works in the Cherokee school classrooms instructing students on school bus safety. Administrative This department handles the payroll and employee fringe benefits for all other Club departments. During the past year, 150 employees, all members of the Tribe, earned $739,700 in wages o Other services provided by this department are, admin- istrative services for the Follow Trhough Program and the Club contracts all bookkeeping and secretarial work for Cherokee Enterprises, Inc, Childr en' s Homes The Cherokee Boys Club owns and operates three foster homes for Cherokee boys and girls, making it possible for a number of children to remain in this community who would otherwise, of necessity, have been placed away from this area. Last year the homes cared for 29 different, Cherokee boys and girls „ Lawn Mowing and Labor The Club contracts the lawn mowing for the Bureau of Indian Affairs, the U, S„ Public Health Service and the Cherokee Histor- ical Association, This department also takes care of the grounds around the Club and the Children's Homes, 115 , Recreati on Park The Club has completed and now operates a 52 acre Reservation Recreation Park located on Goose Creek, The facility includes an olympic-sized swimming pool, playground, ball courts, camping and picnic facilities and two large group shelters,, A lake is under construction and nature hiking and horseback trails are being planned,, A fulltime manager and his family live on the grounds Truck and Trac t or This department contracts with the Bureau of Indian Affairs Roads Maintenance for gravel, hauling, maintenance, construction and roadside mowing. Lunchroom The Club contracts the operation of the lunchroom at the Cherokee Schools, Over 230,000 lunches and over 90,000 break- fasts were served during the last fiscal year. Many special events such as the Athletic Banquet are contracted each year, Laundry The Club Laundry contracts with the Bureau of Indian Affairs, the U, S, Public Health Service and Boundary Tree Tribal Enter- prises. The laundry also provides laundry services for the Children's Homes and several private customers: It donates all laundry service to the Cherokee Rescue Squad. 116 „ Garage The garage maintains the 43 vehicles owned and operated by the Club, has a contract to provide service and maintenance on all G.S.A. vehicles in the area and provides service and main- tenance for hundreds of private vehicles The Club's paint and body shop and front end shop draw customers from all over Western North Carolina., The Club's electronic engine testing equipment, front end alignment and electronic wheel balancing, and tire truing machines are the most modern in the area c Building Department The Club sold this department to Cherokee Contracting Services, Inc during the past year; Cherokee Contracting Ser- vices is a branch of Cherokee Enterprises, Inc,3 The Club or- iginally helped to organize Cherokee Enterprises, which is a separate corporation and has separate management from the Clubo The Club helped to train management and employees of Cherokee Enterprises and contracts their bookkeeping and secretarial services Trash Truck The Club contracts the garbage collection for the North Carolina portion of the Great Smoky Mountain National Park„ The Club uses the Cherokee Tribal Community Services sanitary land fill and the Club shares the expenses of the operation of the 117 landfill with the Cherokee Tribal Community Services. Any boy who is enrolled in Cherokee High School or who is a former student of Cherokee High School may join the Club. 118 „ , COMPOSITION of INDIAN EMPLOYMENT March 25, 1966 March 31, 1970 Permanent Seasonal Permanent Seasonal Bureau of Indian Affairs 60 15 48 29 U.S, Public Health Service 23 13 37 Eastern Band Cherokee Indians 28 5 50 8 Oconaluftee Conservation Ctr<, 7 6 U,S„ Park Service 3 13 Blue Ridge Parkway 2 2 U.S e Forest Service 2 4 Cherokee Historical Assoc, 16 200 15 Business (Indian Ownership) 92 104 Business Employees 36 125 5 50 Food Contract 8 9 Boundary Tree Dining Room 40 Boundary Treel Motel 22 9 Boundary Tree Service Station 6 White Shield of Carolina 76 98 The Cherokees (Incl„ Homewrks , ) 182 279 78 HW 100 HW Vassar Corpc (Incl, Homewrks) 158 76 40 HW Frontierland 8 12 Qualla Art 3 & Crafts 3 1 2 Construction 9 9 30 iO Bern is Lumber Company 1 Bemis Sub-Contractor 6 Fontana Mills 16 Cherokee Boys Club 21 134 Neighborhood Youth Corp. 75 100 40 55 Service Workers 11 35 25 Fish Management 1 2 4 Operation Mainstream 32 U.S. Post Office 4 7 Logging Operation 11 He nne s s ey Lumb e r Co 1 Drexei Enterprises 3 Self Employment. 100 State of North Carolina 4 Qualla Indian Boundary Proj 65 Day co Southern Corp, 11 Western Carolina Telelphone Co„ __2 Totals 852 548 287 134 Note: Different questionaire used for each survey Source: N.C, Agricultural Extension Service,, Cherokee N. C. 119 The fourth industry is the "Warrior Woodcrafts", At present, this small plant employs 8 indians and one non-Indian, It started under the leadership of the Community Action Program with train- ing men in the field of woodworking as its object. The quality of the produced objects were so high, the craftshops found they sold easily. The Warrior Woodcrafts now have their own outlet in down= town Cherokee and the total operation shows great potential for growth and expansion. Natural resources (local timber) are used as raw materials in this operation. This industry will provide employment for the male labor force while the other three plants rely heavily on the female portion of the labor force. All of the plants are year-round operations although sales are seasonal for The Cherokees and Warrior Woodcraft, Major employment with the Tribe is in the manufacturing of nondurable goods (24,97%), The second greatest employment is in the field of Professional and Related Services (21,31%), The re- maining Industry of the Population is listed below in the order of their importance'. Other Industries 14,55% Personal Services 10,31% Manufacturing- 10,19% (Durable Goods) Construction 8,59% Wholesale & Retail Trade 6,41% Agr „ „ Forestry & Fisheries 1,95% Transp, P Communication & 1,72% Utilities 120 Industry of the Cherokee population compares very little with the state and nation due to the tourism for which a large amount of nondurable goods are produced on a year-round basis, The influx of federal aid and programs gives reason to the second highest em- ployer, "Professional and Related Services" „ See the following Table #21 and Graph #7 for comparisons of the Eastern Band of Cherokee Indians,, North Carolina and the United States „ Business of in- Since 1945,7 the number small businesses has gradually creased to 212 in 1974, Unfortunately , the tourist trade on the Reservations' Qualla Boundary is strictly season with the very short summer season providing approximately 90% of the entire year's income., At the same time the members of the Band are faced with the problem of supporting themselves and their families on a year-round basis, Efforts to alleviate the effects of the short tourist season have been centered along two lines: (1) Steps to extend the tour- ist season so that it would commence earlier in the spring, ex- tend later in the fall and develop winter activities; (2) Through bringing to the Reservation and developing industries which can furnish consistant year-round employment. During the early stages of development in the tourist trade „ members of the Band had to rely on the White trader to lease their 121 < ro o ^d •xi S3 ^3 g o > Q r<- 4 0) tx h O w 0' 4 C p 5 H 4 3 0) Hj w H c er M n 4 CD c ro Ul i-b d O w en a en 8= rt p 4 i-3 H en CD p O o c h?& O H h 1— O hi d- o CD c+ H c+ 1— a^ C rn <+ c+ r+ 0* o p -< 1 CO a c a 3 G0 P h H (T 4 H P «<; rt • C/J P ft 8" fD C+ H O 4 fD p CO TO to d H 4 Hi H 3 3 H v. 4 b=J W c+ • « o 4 < to OQ ft) en s d- 0> H° 8° H fD hj • • CD hq . tQ h; o O. o fD f3 c+ P - o H : o 4 CO p fD s P o g P P c* P • go ^ us us CI) d (-3 s p a" H O fD 4 a B h. H V e o O o P p c+ 5 T O ** H> H) H> P H° H° S- B« < CO fD H o H fD « c+ r+ d fD He, p CD ? 4 o> 0" rr PC 4 d= c+ O •n 0) fD fD < H' !-*> p d H a> o P CQ o Tj ^n hn O en C o o o fD a O d 'rt « 0". en Ms &&& a p p p (B r+ r+ d t?? d" H H° H' ro p! o O O co VJI ro h- CP- ro ro vjn bd hj O „ hr p- P VR V o\ CO ON CT- CO VJI H VJI ro O fD • H II OO CO o l\J co h- 00 -o h -0 4 fc2j a H O ft° tJ O fD a H H' W d- c+ c+ o »— P" fD o ro pi C 2 ^_- C3 CO S h* VJI p- o i P CO 00 ro O^ ro vo ro H OO P> H hi c+ h3 p- H' >x| P= OO a -q H VJI co o> VO CD O C O \* H c+ VJI VJI 4= H p- vo V0 -~j CD P- H° fD P to 5> r/j H n> pi a> ^ 05 (D V hi H ro a c H' H VO CO ro -p- ro re- P" rc t- pr- c ^ fl O vo -J o o ia -J o CD p- vj- o> e tr -J CO ro CjO CO H B ti fD O U) OO ro H cr VJi P- h CD pr P i- c CP tcs CO H H S3 i-3 c co to P * K H° P 3 O O i-K en to w^ h3 c+ tC 0* H fD vo H ro H rc H » O p- -J H o 0> H •p- o CD H td i-b > hd o td o vn CO u 4=~ —J VO h vn VO b i^ hd VP h- H h- ro —a VO VO VJI • o e cz: H c+ "- 1 tr H > hi H 8° O H h ro h s rt VO p- VJI —3 Vjn p^ H cr VJI H O vo o ro ro VJI o CO CD H o ^ o p a\ CO ro VO H CD O • CD P H \- H c ^ o 0> H ro vr OA ro o> CO c en o VJI CO h- 4=- P- p- o UO CO CD ro 0> H ro V_n c^ a\ CD - o H P R° O VO 122 : . GRAPH NUMBER 7 INDUSTRY of the POPULATION EASTERN BAND OF CHEROKEE INDIANS, NORTH CAROLINA & THE UNITED STATES, 1970 Percent of Total Employed, 16 Yrs. Old & Over c O ir\ o H CI, CV CO ^ 1 ? I "" E Co I. -*-L — Agriculture, Forestry & — — ~, N. C Fisheries * U. s. E. B, C. lo Construction N. C. U. s„ E. B. Co I. Manufacturing L C. Durable Goods U. s. E. Bo Co I Manufacturing N. C. Nondurable Goods U. s. E. B. Transportation, Communi- i C. I. cation, & Other Public N. C. Utilities anwMnL U. Wholesale & Retail E. B. c. Io Trade L C. U. So E. Bo Co I. Personal Services N. C. 1 U. So Professional & Related 1 E. B. Co Io Services No C. Uo s. E. Bo Co Io Other Industries T N. C. U. So 123 land for craft, shops, motels and restaurants to accomodate the tourists as Indians found it difficult to obtain credit and only a few were with adequate capital to develop their own holdings. The tribal officials recognized these problems and worked dili- gently over the years with the Bureau officials and other Federal agencies to encourage ownership by tribal members of businesses on the Reservation and to open sources of credit to make this possible Substantial progress has been made in this area as well as in the development of directly owned tribal enterprises catering to the tourist industry, The following tables show the present Indian and non-Indian operated businesses for the fiscal year 1973-1974 It is important to note here that the Office of Minority Business Enterprise contracted through the United South- easternTribes for a field office to be established on the Cherokee Reservation at Cherokee, North. Carolinao Many small business loans have been provided to local Indian residents making it poss- ible for them to take over the operation of a great number of the small businesses, all of which are either current or paid in ad- vance on their payments „ Of the 216 small businesses, 137 are Indian operated and 79 are non- Indian operated. By percentages 63,43% are Indian oper- ated and 36,5 7% are non- Indian operated 124 Non-Indian Indian Number Motels Op erated Operated of Units ___ 1 1. Azalea Cabins X 6 2, Birdtown Thrift. X 58 3 o Boundary Tree Court X 61 4 Broken Arrow Motel X 10 5o Cherokee Motel X 15 6 „ Chief Motel X 43 7o Chief Saunooke Motel X 14 8, Cliff side Apt So X 2 9o Clingman's Dome Motel X 8 10 Cool Valley Motel X 17 11 Cool Waters Motel X 52 12 Cool Waters Apts X 3 13 Craig" s Motel X 20 14 Craig's Motor Court X 17 15 Dogwood Motel X 10 16 Drama Motel X 37 17 Eagle Nest X 8 18 El Camino Motel X 27 19 Frontier Motor Lodge X 30 20 Holiday Inn X 102 21 Homestead Motel X 17 22 Indian Bill's Motel X 3 23 Indian Hills Motel X 22 24 Indian Valley Motel X 21 25 Little Beaver Motel X 10 26 Littiejohns Kitchenettes X 4 2 7 Newfound Motor Lodge X 55 28 Oconaluftee Motel X 9 2 9 Ocona Valley Motel X 12 3 Owl's Motor Court X 15 31 Pageant Hills Motel X 27 3 2 Papoose Motel X 7 3 3 Parkers Thrift Court X 14 34 Pink Motel X 20 3 5 Pioneer Motel X 31 36 Princess Motel X 26 37 Queen Bee Motel X 34 3 8 Shady Lane Motel X 65 3 9 Soco Valley Motor Court X 17 40 Syble's Motor Court X 15 41 Thunderbird Motel X 9 42 Whitetrees Motor Court X 16 43 Wiki-Up Motel X 20 3~ TOTALS 40 1,009 125 o,,„ s s Non-Indian Indian Restaurants Operated Operated 1 Big Joe's Pizza X 2, Big Steer Restaurant X 3 o Boundary Tree Dining Room X 4, Boundary Tree Restaurant X 5, Burger Basket X 6, Busy Bee Drive- In X 7, Cherokee Restaurant X 8, Chief Dining Room X 9, Craig's Restaurnat X 10, Critzer's Restaurant X 11, Custer ' X 12, Dairy Queen (Cherokee) X 13 Dairy Queen (Painttown) X 14, Dairy Queen (Hwy, 441) X 15, Dale's Fish Camp X 16 East End Restaurnat X 17, El Camino Restaurnat X 18, Frontier Restaurant X 19 Frontier land Restaurant X 20, Frontierland Ice Cream Parlor X 2 1 Ho 1 iday I nn X 22, Hungry Bear X 23 c Ice Cream Parlor X 24, Johnny's X 25, Kentucky Fried Chicken (US 441 & 19) X 26, Kentucky Fried Chieck (US #19) X 27, Little Abe n s X 28, One Feather Quick Food X 29, Pancake House X 30, River Room X 31, Rose Diner X 32, Running Bear Drive-In X 33, Santa's Land X 34, Saunooke ' X 35, Sequoyah Restaurant. X 36, Smokey Diner X 37, Snack Bar (Village Restaurant) X 38, Snack Bar X 39, Snak Shack X 40, Tee-Pee X 41, Tomahawk Coffee Shop X 42, Village Diner X TOTALS 21 21 126 o Non-Indian Indian Gift Shops Operated Operated 1, Buck & Squaw Craft Shop X 2, Cherokee Brave Craft Shop X 3, Cherokee Crafts X 4, Cherokee Craft Shop X 5, Conteasky Trading Post X 6, Cool Waters Gift Shop X 7, Eagle's Nest Craft Shop 8, Fort Tomahawk Craft Shop X 9, Golden Arrow X 10, Hillbilly Bear Trading Post X 11, Honest Injun Trading Post X 12, Indian Store X 13, Moccasin Shop X 14, Monte Young-Indian Trader X 15 One Feather Trading Post X 16, Pow-=Wow & Pocahontas Trading Post X 17 Qualla 5 & 10 Variety Store X 18, Qualla Gift Shop X 19, Reservation Craftshop X 20, Rocks & Stuff X 21, Sky High Gift Shop X 22, Tahquette ' s Indian Store X 23, Tomahawk Craftshop X 24, Tom Tom Craftshop X 25, Warrior's Woodcrafts X 26, Western Photo & Craftshop X Gift Shops on Hwy, #441 (Park Road) 27, Antiques X 28, Azalea Craft Shop X 29, Cherokee Arrow Trading Post X 30, Cherokee Bargain & Glass House X 31, Cherokee Trader X 32, Cherokee War Bonnet X 33, Clingman's Dome Craft Shop X 34, Frontier Craft Shop X 35, Medicine Man Crafts X 36, Mountaineer Photo & Pottery Shop X 37, Mountainside Craft Shop X 38, Qualla Arts & Crafts Mutual X 127 oo Non- Indian Indian Operated Operated 39, Big Bear Trading Post X 40. Bigmeat House of Pottery X 41 Clift Side Craft Shop X 42, East Cherokee Crafts X 43 Frontier Trading Post X 44, Keener ' s Craftshop X 45. Little Beaver's Craftshop 46 o Wagon Tram Craftshop 47 Whitetree Gift Shop Totals Non-Ind ian Indian Service Stations Operat ed Operated 1, Boundary Tree Exxon Station X 2o Cherokee Gulf Service X 3. Cherokee Phillips 66 (Frontier) X 4. Cherokee Phillips 66 X 5o Cherokee Shell Service X 6 o Cherokee Texaco X 7. Soco American Service Station X 8. Service Distributing Co (Hwy. 19) X 9„ Service Distributing Co, (Hwy. 441' X 10. Smith's Texaco Station X 11 Soco Amaco X Servic e Stations Combined wi th other Oper ations 12, Cherokee Boys Club X 13 o Marvin To Bardley - Sinclair X 14 o Myrtle Jenkins - Jenkins Grocery X 15, Ronald Howell-Gulf™ Village Grocery X 16o Smith's Shell Service Station X Totals 10 128 . With Gas Non-Indian Indian Grocery Stores Pumps Operated Operated 1, Big Cove Grocery X 2, Bradley's Grocery & Phillips "66" X X 3. Cherokee Food Center X 4, IGA Foodlines X 5. Indian Bill's Place X 6. Jenkin ' s Grocery X X 7. Littlejohn's Store & Campground X Qualla Supermarket X 9, Soco Grocery X X 10 Soco Superette X 11 Village Grocery 21 X Totals 4 Non -Ind ian |! Indian I Recreation & Entertainment | Op erat ed 1 Operated 1. Chair Lift X 2, Cutherbertson' s Shooting Gallery X 3, Cyclorama Wax Museum X 4c Frontierland X 5, Fun Plaza Arcade X 6. Miniature Gold & Arcade X 7 Museum of the Cherokee Indians X 8- Oconaluftee Indian Village X 9, Painttown Miniature Golf X 10, Santa ' s Land X 11. Shooting Gallery X 12. The Mystery House X 13. Unto These Hills (Drama) X 14, Wo If town Coral X Totals 10 4 i 129 Non-Indian Indian Washerettes Operated Operated 1. Beck's Laundry X 2 Underwood Poly Clean X 3o Wash Pot X Repair Shops L Ernest Hornbuckle's TV & Radio Repair X 2 Garrett's TV Repair X 3 „ James Maney Shop X Industry 1„ The Cherokees X 2. Vassar X 3 White Shield X 4, Warrior Woodcrafts X Other Services lo First Union Nato Bank #1 X 2, First Union Nat, Bank #2 X 3. Five & Ten Variety X 4o Four Season Beauty Salon X 5o His & Hers Clothing X 6e Youngbirds Beauty Shop X 7o Cherokee Boys club X 8., Fish & Gam Management Enterprise X Totals 130 . NOo of Non-Indian Indian Campgrounds Camp Sites Operated Operated 1, Big Arrow Campground 76 X 2o Cherokee Champground 40 X (Lee Craig) 3 Cherokee Recreation 90 X Park Campground 4. Eljawa Campground 85 X 5o Holiday Inn Travel 350 X Park Campground 6, Indian Creek Campground 52 X 7, Irene's Campground 77 X 8 a K.O.A. Kampground 215 X 9o Little Buck Campground 40 X 10o LittleDOhn's " 20 X 11 o Lost Cove Campground 60 X 12 o Mingo Falls " 70 X 13. Oconaluft.ee " 25 X 14 e Owl Travel Trailer Park 58 X 15c Piney Grove Camp 51 X 16 o Ramada Inn Campground 283 X 17 o Reservation Recrea- 200 X tion Park (Boys Club) 18 o Riverside Campground 50 X 19 o River Valley Campground 125 X 20, Smoky Mtn 3 Trailer Park 28 X & Campground 21, Soco Trail Campground 50 X 22, Standmgwolfe " 75 X 23, Stoney Campground 6 X 24 Wagon Train Campground 50 X 25, Wolf Campground 80 X Totals 2,256 8 17 SOURCE: Economic Development Administration^ Cherokee Indian Reservation District. Staff Cherokee Indian Agency State of North Carolina, Department of Natural and Economic Resources 131 A more detailed breakdown of the different types of business- es shows remarkable variances in the number and percentage of Indian and non- Indian operated establishments: % Non-Indian % Indian Operated Operated Motels 6,8 93,2 Restaurants 50,0 50,0 Gift Shops 38,3 61,7 Service Stations 45 „ 5 54,5 Service Stations Combination 20.0 80,0 Grocery Stores 36,4 63,6 Recreation & Entertainment 71 = 4 28,6 Washerettes 66 o 6 33,3 Repair Shops ^0- 100,0 Industry 75o0 25,0 Other Services 50o0 50,0 Campgrounds 32,0 68,0 Many courses of business operation and management are either available or brought to the Cherokees each year, By using the above information^, courses of instruction could be developed whereby members of the Tribe could prepare for operating more of their own businesses,, particularly with restaurants and gift shops By taking the units (1 009) and the total number of motel ; total number of campsites (2^,256) which totals 3,265 separate units of accomodation and multiplying that, number by the average number of people occupying any single tourist, unit (2o5) . the average daily number of tourists being accomodated by overnight provisions would be 8,163 s In other words , the population of the Qualla Boundary "doubles" „ as well as the increase in demand on 132 „ the water and sewer systems. Gross Retail Sales The following table shows the gross retail sales compared to total personal income for the four Western North Carolina counties which contain some Indian lands „ Percentages show that more of the personal income is spent outside the area than with- in. Expenditures by tourists in Swain County causes the percent- age of personal income spent at home for this county to be higher The Jackson County figure includes an estimated $2,500,00 in re- tail sales for the Jackson County portion of the Cherokee Indian Reservation and $7,500,000 in retail sales for the Swain County portion of the Cherokee Indian Reservation,, (a) (b) (c) Gross Retail Total Personal Percent County Sales - 1969 Income - 1969 (a) as of (b) Cherokee $26,269,000. $30,962,000, 84 Graham 7,295,000. 11,503,000, 63 Jackson 27,716,000. 41,480,000, 67 Swain 18,602,000, 13,851,000, 134 Area Total 79,882,000. 97,796,000, 82 Sources: Sales and Use Tax Division^ North Carolina Department of Revenue - (a) Cherokee Indian Agency, BIA, U,S, Dept of the Interior - (b) UoS, Dept. of Agriculture ("Design for Better Living") - (c) 133 „ Agriculture The loss of land from agricultural production to tourist developments and home sites continues each year. From a four year period between 1966 and 1970, 672 acres were taken out of production leaving only about 714 acres being used for field crops, vegetables and fruits - an amount just over 1% of the total reservation., Most of the farming that exists today is done on a part time basis as a supplement to wages or salaries earned in the tourist business o Many families have ceased raising a garden for their own use due to so much of their time being spent on jobs in the tourist industry which occurs at the same time when a garden needs attention,, Encouragement of more home gardens is highly desireable due to the inadequate diets of the Cherokee people who are generally overweight,, have a high incidence of diabetes and whose low incomes cause economic problems in purchas- ing high cost fruits, vegetables and lean meats According to the U So Public Health Service Service Unit at Cherokee, North. Carolina the following dietary health problems are existent with the Eastern Cherokees: L The incidence of diabetes on the Reservation is five times the National average, 2 The average Cherokee woman has a "height of 62" and an average weight of 162 lbs, (Desireable weight is 115 to 131 lbs.) 3„ The average Cherokee man has a height of 67" and an average weight, of 192 IbSo (Desireable weight is 141 to 161 lbSc) 134 AGRICULTURE PRODUCTION Increase + Crop 1966 197C Decrease r Vegetables & I Unit of Amount Total Amount Total By Unit B} Dollar! Berries Measure Produced Sales Produced Sales Measure Sales 1 Irish Potatoes Acres 100 2,000 75 3,000 - 25 * 1,000 - + Sweet Potatoes 10 5 1,000 - 5 1 9 000 Cabbage 10 100 + 10 + 100 Corn-Sweet 5 800 10 1,000 + 5 r 200 Snap Beans 20 1,000 2 100 - 18 - 800 Tomatoes 3 3,000 2 4,000 - I + 800 Other Vegetables 30 3,000 + 30 + 3,000 Strawberries 12 3,000 10 4,000 - 2 4 1,000 Nursery Crops 1 1,800 - 1 - 1,800 Fruits & Nuts Apples Trees 200 4 200 Field Crops Tobacco Acres 25 35,720 9.85 13,514 -15.15 - 22,206 Corn for Grain tt 500 50 400 - 450 + 400 Hay - All tt TOO ii+,Uoo 500 8,000 - 200 - 6,400 Other Field Crops tt 10 2,000 + 2,000 Livestock & Products j # Sold Uoo L0,000 - 200 _ Hogs 200 5,750 4,250 1 Beef Cattle & j Calves tt 125 L2,500 90 20,000 - 35 t 7,500 Dairy Cattle & Calves tt i4o 85 6,550 - 55 4 6,550 Poultry & Products Broilers # Sold 150 75 + 150 4 75 Cull Hens tt 100 50 + 100 + 50 Eggs-Commercial Doz. 3,040 1,520 2,000 600 -1,520 4 600 Other Honey Gal. 500 6,000 + 500 + 6,000 Ginsmg Lb, 43 1,500 + 43 + 1,500 , Locust Post # 11,000 1,100 +11,000 + 1,100 Dogwood Cord 6 180 + 6 4 ISO Trout LB. 10,000 10,000 +10,000 4 10,000 Totals + 7,799 [ Acres taken out of production = 672 (4 year period, SOURCE: N. C. Agricultural Extension Service - Cherokee, No C 135 Nearly 50 percent of the total acres of agricultural produc- tion were lost to other uses over the recent four year sample period. If this trend continues, there will be virtually no agri- culture production by the end of the present decade, Livestock products have decreased almost 50 percent in the subject four year period. Poultry products is assumed to have dropped as commercial eggs production has., but the number of broilers and cull hens sold in 1966 is not available, as appears to perta in to several other list ings on the following table, The loss in acres of tobacco farming which is a valuable cash crop indicates con- siderable loss in economic supplement. Even with the total loss in production of agriculture products, the total value in dollar sales increased by $7^799 from 1966 to 19 70, The Land Operations Department of the Cherokee Indian Agency has noted a number of indicators of agriculture loss by comparing their operations of assistance in 1963 to 1973: Operations 1963 1973 1. Open drainage ditch (miles) 1 2 2, Tile drainage (miles) 2 3, Stream bank & channel work (miles) I 4. Reforestation (acres) 20 2 5. Seedbed preparation & seeding opera- 416 56 tions for permanent hay & pasture crops (acres) 6, Improvement of permanent hay & 1,105 50 pasture crops by applications of lime, fertilizer & seed (acres) 136 Operations (Continued) 1963 1973 7. Seed bed preparation & seeding of 565 120 cover crops (acres) 8. Weed & brush control (acres) 650 450 9. Fencing (miles) 9 2 10. Water supply & sanitation work 8 30 (Number families) 11. Man hours of labor & use of 120 1,000 equipment relating to recreational developments (hrs.) 12. ASCS payments to Cherokee Farmers for $9,487 -0- carrying out approved ASCS practices 13. Number of BIA Employees 6 3 Although agriculture is giving way to tourism, much of the vacant land in Cherokee could be used for high value cash crops and be a significant boost to the economy of the Tribe. The Agriculture Extension Agent based in Cherokee, North Carolina has suggested full utilization of alloted tobacco acreage and commercial production of trellised tomatoes, strawberries,, Christmas trees and ornamental shrubs for landscaping purposes, all suited to the Reservation's climate and soil. Timber Forest on the Cherokee Indian lands provide one of the most valuable natural resources to the Eastern Band of Cherokee Indians. The forestation and natural terrain provide the aesthetic amenities that draw millions of tourists annually to Cherokee. Baskets are made from oak splints and a great variety of hand carved and machine tooled crafts are produced for the shops and domestic use. 137 Fuelwood cutting by the Cherokee s is estimated at 3,000 cords per year. The Tribe no longer allows outside contracts, an action that protects the Indian truckers and loggers. Presently there are about ten Cherokee trucker- loggers who employ approximate iy 20 other full-time and about 10 part-time men, Considering the number of men employed in forest harvesting, the outdoor recrea- tion use of the forest, the uses for fuel and hand crafts and the natural beauty of the forests, we can see the great impact on the economy by timber and timber products Over a ten year period from 1960 to 1970 the number of per- mits for timber harvesting varied from 128 (1969) to 356 (1960), The average annual number of permits to harvest timber for this ten year period was 237, Permits are not required of members of the Band to cut trees for fuelwood A possessory holder may negotiate the sale of timber from his holdings with the loggers who must obtain their cutting per- mits from the Cherokee Agency of the Bureau of Indian Affairs, The cut logs must then be scaled by the Agency Forestry Depart- ment where a stumpage fee and an Administration Fee is paid. The Tribe receives into its Tribal Treasury Fund an amount of $400 per 1,000 board feet and an amount equal to 10% of the stumpage fee is collected by the Cherokee Agency for the Admini- stration Fee which goes to the U. S« Treasury, 138 A new regulation became effective on July 1, 1972 , whereby the 10% share of the stumpage that formerly went to the U, S, Government can now go to the Tribe for forestry related projects as long as the Tribe spends the funds for forestry related pro- jects within the fiscal year in which the stumpage is paid. This amount seems so. small as to appear to be not worth much effort but over the subject 10 year period (1960-1970) the administra- tion fees amount to about $12,000 which could pay the salary of one man or could purchase a great many seedlings for reforesta- tion. There are a number of other possible uses of this money that should be considered. Tribal revenues from the sale of timber and stumpage varies each year to a degree that reliable projections cannot be made, Tribal Revenues from Sale of Timber and Stumpage 1960 $15,442,00 1961 7 f 233.00 1962 7,903,00 1963 11,887,00 1964 6,956,00 1965 7,787,00 1966 28,807,00 1967 6,824,00 1968 12,672,00 1969 16,090,00 1970 16,332,00 1971 21,959.00 1972 12,894,00 1973 21,343,00 Note: Timber resources, species, volume cut and timber management will be discussed in the Environmental Reconnaissance inventory. 139 : A survey was made by the Bureau of Sport Fisheries and Wild- life, of the Cherokee Indian Reservation in the early part of the last decade. The survey showed 52 miles of streams capable of providing a suitable habitant for trout, A proposal was then made to set up a Fish Management Program to assist in attracting tourists for the extent of the tourist season and bring added revenue to the Tribe, Before the management program was established., the streams were being stocked on a regular basis and with increasing numbers Year No, , Trout Stocked 1960 15/700 1961 17,900 1962 20,300 1963 23,900 1964 123,675 1965 108,390 1966 155,000 By 1972, 250,000 trout were stocked in the reservation man- agement waters. These fish represented about 80,000 pounds of trout. In addition, approximately 8,000 large size fish (brood stock) were stocked, The average catch per fisherman trip equaled four fish, varieties include Brook, Rainbow and Brown trout. The Fish and Game Management Enterprise was set up in 1964 and operated through the authority of the Tribal Council and under the. Tribal Credit Committee, Not only does the program have the 140 management of regular stocking of the fish, but has the added responsibility to collect permit and license fees, enforcement of the regulations, a sustained effort at preventing pollution and picking up litter along the Enterprise Waters, For the first time, in 1971, revenues collected by the Enterprise decreased, Cause for the decline is quoted from the Cherokee Progress and Challenge report , , , ,, "This decline, if continued, could pose serious problems. It is felt one of the reasons for the decline is the high cost of fishing for out of state fishermen who are charged very high North Carolina license fees in addition to the Tribal permit," Funds received in 1964 for the sale of Tribal fishing per- mits was $8,852 and in 1972 sales increased to $60,791, 141 . . SUTIA^.Y AND ^COMMENDATIONS Summary In the oast two decades the development of the economy of the Eastern land of Cherokee Indians has been extraordinary, ^rom being in a position so low as to be actually suffering, they are now in a position of example in economic development for a rural community. This does not mean the Cherokees are on equal ground with their neighbors or that thev are anvwhere equal in economv with the state or national averages, but thev are under a transition of incredulitv. The preceding chapters serve to describe the basis of the present economy and to point out population characteristics and probablv trends. Although accom- plishments are many and great, thev have only brought the Chero- kee Indians out of a state of near starvation and total dependencv to a stage where the Tribe has a sound base for future planned development Planning will become more and more important as tribal decision makers are faced with increasing problems due to the population growth, land shortage and restrictions, increased tourism and the problems that come with the tourists such as pollution mhere are two main purposes which this population and economy study are intended to serve. The first is to develop a 113 . meaningful frame of reference for the subsequent planning effort and the second purpose is to provide an understanding of the role of industry, business and services in the context of a total social order as it exists today and the orocess of change and specific impacts of specific changes as well as emerging problems which may be the source of future changes. In order to understand the present framework within which the Cherokee economy operates, it is imuortant to understand how and whv the economv has developed into its present form. ^or the Tribe to be able to adjust to change (and indeed to help create change) the members must understand how change takes place and where, how, and whv its imoacts may occur. Further emphasis and claritv are gained by including the chapter on Economic History, the orocess of change and specific impacts of selected changes, and emerging problems which may be the source of future changes The Cherokee Indian Reservation, like many rural areas, feels the economic pressure for continual change. Traditionallv the Reservation has retained some qualities which distinguish it as having dependence on agriculture and forest related products. With the need for unskilled hourly laborers in agriculture de- creasing, a large number of untrained, ill-equipped people are brought into existence and the retraining of these persons so 144 they can find employment in manufacturing, trade and services, must ensue. Industrial development has been at a very slow pace. In Cherokee County, Graham County and on the 3200 Acre Tract, there is no industry or business establishment whatsoever on Indian Lands. Although the statistics do give some insight to the economic activity, they only measure parts of the total life situation. Statistics do not reflect the satisfaction people feel with the life style or those who would prefer to move out or to return home if the economy would permit it« Social usefulness the satisfaction of the individual Indians with their work and the difference between per capita personal income and the cost of living are other elements not measured, A comparison of the decreases and growth rates are, however, extremely useful and enlightening, 145 . Recommendations Recommendations to strengthen the economy are easily put on' paper but in reality involve a maze of coordinated efforts, ener- gies, expertise and most usually financial backing of great mag- nitude to bring into fruition. Nevertheless, this section is intended to attempt to recommend only those economic activities which seem practical under the present structure of political jurisdictions and lend to create an enivronment reflecting the values of the inhabitants of the Reservation. The Band should strive only to attain the best use of land for immediate and long range needs that will accomodate both Reservation-wide and community functions and to prevent any misuse and waste of land throughout the Reservation by establishing a logical pattern for future growth and development: L Industrial development oriented towards employment of male members of the Band. 2. Non-tourist related commercial development (stores and services) 3. Develop diversified Tribal revenue producing sources. 4. Encourage higher wages in present industries and new industries 5. Accelerated effort in managerial training. 6. Increase educational achievement. 7. Provide winter employment by developing winter sports, 146 . . activities and facilities. 8. Encourage the development of business that will take advantage of the high elevation and view. 9„ Appeal to federal officials for added appropriations for desperately needed road improvement Reservation-wide. 10. Consider as a Tribal Enterprise the construction of vacation cottages that would be made available on a lease basis. 11. Control hunting practices. This should be developed with and in cooperation with the U. S. Fish and Wildlife Service 12. Utilize the economic advantage of cooperative purchasing practices 13. Adopt controlling measures such as: a „ Land Code b. Land Use Code c. Sedimentation Control d. Floodway Ordinance e. Sign Regulations 14. Develop a long term Capital Improvement Program 15. Specific Needs a. New Hospital b. Additional off-street Parking c. Radio Station 14 7 : d. Educational Television e. Playhouse - (Little Theatre) f. Tribal Cemetery g. Housing for the elderly & middle income h. Golf course i. Movie Theatre j. Bowling Alley k. Ski Resort 16. Maintain a balance between development and conservation of the environment. 17. Re-develop agriculture potential by encouraging more truck gardens, orchards and the planting of cash crops. 18. Sponsor a "Things to See and Do" publication with the time, places, dates and cost. This needs to be developed with a total activities program well planned and coordinated with a professional director with the purpose of having some- thing for the tourist to do other than visit the shops and see the Drama and Indian Village. Some of the possibilities are a. Regular hiking trips with a guide. b. Regular horseback party trips with a guide. c. Campfire story telling and singing. d. River canoeing when the Enterprise Waters are closed. e. Indian dancing with tourist participation. 148 o f„ Craft demonstration classes with instruction,, 19 o Increased water and sewer facilities to accomodate the future development There are many possibilities for the Eastern Band of Chero- kee Indians to promote a rich and diversified balance of living,, employment , recreation and cultural opportunities for all elements of the Tribe, They must, however, be achieved in balance with the great natural beauty and culture of the Reservation with much thought given to the protection and conservation of significant physical features and at the same time proper blending of future land use functions with variety and interest. 149 APPENDIX A THE CHEROKEE TRIBAL GOVERNMENT Source: "Cherokee Progress and Challenge" By: Aid to Tribal Government, Program 153.7 . TRIBAL COUNCIL AND EXECUTIVE COMMITTEE In Section 22 of the Cherokee Charter, as amended, the re- sponsibility of managing both the real and personal property of the Eastern Band Is Placed in the hands of the Cherokee Tribal Government This Government consists of the Tribal Council and the Ex- ecutive Department. The Tribal Council has 12 members. ^hese members are elected for two-vear terms, two coming from each of the six communities of the Reservation. The Tribal Council appoints its own officers, including a chairman, a vice-chairman, both Indian and English clerks, an interpreter, a marshall, a messenger, a janitor and an office manager. The Executive Department consists of a Principal Chief, a Vice Chief, and an Executive Advisor. The Principal Chief and Vice Chief are elected for four-year terms by those Tribal mem- bers 18 years of age and over. The Executive Advisor is appoint- ed by the Principal Chief and his appointment is ratified by the Tribal Council. The Cherokee Tribal Council is basically a legislative bodv* however, their authority to manage and control the prooertv of the Band also places them, on numerous occasions, in the oosition of carrying out judicial type functions, especiallv in relation to land matters. In addition, to the responsibilities outlined in the amended Charter, its special relationship with the federal Government due to the trust status of the land and the Eastern Band's recognition as an Indian Tribe under the Indian Reorganization Act, gives it legislative type jurisdiction over a variety of other matters. In exercising Its responsibili- ties, the Tribal Council relies extensively on the work for the Band in specified areas. The Executive Department also functions as an Executive Committee under the direction of the Princioal Chief. It is charged with carrying out the rules, regulations, and other actions of the Tribal Council which are not specifically assigned to some other committee. Thev also keeo the Tribal Government functioning on a day to day basis when the Tribal Council is not In session. Aopendix E contains a functional diagram of the entire m ribal Government. 153 . TRIBAL LANDS Since at least IS96 the management and control of Tribal lands has been the responsibility of the Cherokee Tribal Council. To assist In this effort at least two important Tribal committees have been established—namely, the Lands Committee and the Business Committee. Cherokee Tribal lands today total approximatelv 55,000 acres. About $5% have been assigned to individuals in the form of possessory holdings . No doubt the single most time consuming activity of the Tribal Council relates to the management of its land. This has been caused by failure in the past to provide for assignment and survey records. Today it is complicated by population growth and recent acceleration of activity relating to the development of businesses, housing, utilities and roads. forking together with the Cherokee Agency Branch of Real Property Management, the Tribal Council is endeavoring to assure that each possessory holder has a clearly defined holding and that is Is recorded; that transfers are fairly transacted and also oroperly recorded;, that insofar as possible the wishes of deceased Tribal members, as expressed in their wills, are honored as estates and acted upon accordingly; that the interests of both the Eastern Band and the possessory holder are protected in the leasing of Tribal lands; that necessary actions are taken to enable developments beneficial to Cherokee people to proceed rapidly; and to assure that each individual's rights are respected and protected in all land matters In accomplishing the above tasks the major and the final decisions are made bv the Tribal Council. When land disputes arise and when possessory holding divisions are to be made, the matters are referred to the Lands Committee for study and recom- mendations and sometimes for final action. The Business Commit- tee is charged with considering and approving routine land trans- fers and leases, and otherwise carrying out the wishes of the Tribal Council in relation to land matters. Volume of activity relating to land matters Is considerable and increasing each year, ^or Instance, in 1971 there were 179 surveys completed, with more than 100 relating to construction of new housing. More than 130 land transfers were executed and 125 right-of-ways were approved. There are 95 business leases in effect, along with l80 permits for signs and other purposes. 154 Two major problems exist In relation to land activities. First, far too many possessorv foldings vet remain to be surveved and over 400 applications are now oending. Also, a land code is urgently needed to deal with the overall situation more fairlv and efficiently, and so that final decisions can be made that will permanently settle what have been recurring problems. Until solutions are found for these two perplexing problem areas, it can be anticipated that an uncommon amount of the Tribal Council's time will be spent on these matters. TRIBAL FINANCES Next to the management of Tribal property, the direction and control of mribal finances is probablv the chief function of Tri- bal Government. Direct Tribal income for the "astern land of Cherokee Indians comes from two malor sources. The first o^ these is derived direct from the Cherokees lands through timber stumpage receiots and the lease of "ribal lands, mhe second source is from the ^ribal sales lew which was first authorized in 1052. 3oth of these sources of income have .increased significantly in the ^ast two decades, enabling the Tribal Government to broaden the services provided for Tribal members. mhe income from stumpage and leases forms the funding base for the Tribal Council ^und Budget. This is supplemented bv the additional 1"' sales lew which was enacted in 1070. In the case of stumoar-e and leases 110"' of the pavment goes to the ^ribal Council ^und if it stems from land held in mribal reserve, '^ere nossessorv rights exist, the majority of the oavment goes to the individual with \ smaller oercentage roin 0- to the land itselT. The follow- ing chart shows the oattern of increased income available to the Council ^und Budget during the oast two decades: Stumoage $4,747 * 4,667 $ 6,155 ^15,9°>? 420,180 21, 3'* 3 Leases 3,070 9,730 27,21? 57,734 30,65^ ^9,^25 1" Lew 36,020 117,541 Total T877T7 fttTNt ^fffrS' £737767 f^OT" *23 Breakdowns of exoenditures for the Council Fund Budget in- dicate clearly the manner in which these fun^.s were spent. A malor portion is spent on general administrative expenses, ^his includes salaries and per diem of Tribal officials and the cleri- cal staff. Also funds are included for other soecific activities including staff positions with the BIA Real p rooertv Management program and the Indian Health Service sanitation orogram. It 155 funds the ^ribal Enrollment Office- provided for legal and audit services, and also supports the Cherokee One leather, the Tribal newspaper. Finally, it provides for direct assistance to many m rihal members in the form of Christmas gifts to the elderly, gifts for students, burial expenses and burial insurance, help with housing, and the like. Also, from the 1" levy funds con- siderable suoport has been designated toward the Civic Center program and the support of recreation activities throughout the Reservation. Closely related to the Tribal Council Fund are Tribal funds on deposit in the U. S. Treasury, known as Tribal Treasure Funds. Sources of these monies are stumpage receipts, loan repayments to the Band, and interest accruals. Upon request, funds from this account may be transferred to the Council Fund 3udget for either special purposes such as enterprise loans or land pur- chases, or for use in meeting the annual budgeted expenses. kt present, the Eastern Band has approximately $300,001.00 on de- posit in mribal mreasury Funds. Probably the most important challenge which Tribal officials have in relation to Tribal finances relates to overall financial planning. As recently as 1953 income to the Band was very small, 000. totaling only $39 s Op annually and there were actually few choices ooen for spending the money. Toctev total direct Tribal income approaches 0500,000.00 annually, necessitating new ap- proaches to budget planning to bring maximum benefits to members of the Eastern Band. Certainly 3 it calls for considerable thought in establishing orogram priorities. It also requires careful thought to staffing patterns and creation of both pro- gressive and realistic salary scales and personnel policies. The planning effort should also extend itself to long term plan- ning, especially in relation to income projections, with constant attention given to developing additional revenue sources to be utilized when required. It also appears important that special attention be given to develooing long-term capital improvement program. riot only should attention be given to financial planning, but also to financial management. Indications are that the Eastern Band has not always taken full advantage of interest income potential due to keeping excess funds In checking accounts Also, close attention must be given to keeoing collections current on both lease payments and the Tribal lew. Then, too, it Is important that every effort be made to follow good manage- ment in relation to procurement and purchasing practices, effect- in ' all oossible economies. 156 ENROLLMENT In addition to land and financial management, the Eastern Band is charged with keeping Tribal enrollment records. This activity is under the direction of the Tribal Enrollment Commit- tee , which consists of three members appointed by the Tribal Council . They have responsibility for supervision of the En- rollment Office.- The Enrollment Office, in addition to keeping current the official enrollment records, has several other important re- sponsibilities,, First of all, it receives and reviews applica- tions for enrollment, with the committee making the decision as to either acceptance or rejection, and certifies persons accepted for enrollment. The office is also responsible for responding to the many inquiries regarding enrollment which are received from the public each year. Recently the Enrollment Office has completed an up-to-date study of the current enrollment. It reports over 7,000 enrolled members, with an estimated 5„000 living on or immediately adja- cent to the Cherokee Indian lands. OTHER AGENCY RELATIONSHIPS An increasingly important responsibility of the Cherokee Tribal Government concerns its relationships with a variety of State and Federal agencies. In times past, most of these were centered with the BIA„ While this agency is still important to the Tribal Government, developments in the past ten years have brought the Eastern Band into important new relationships with a variety of agencies. Most of these agencies are involved in funding porgrams at Cherokee with some being operated directly by the agency, while others are operated by the Tribe through grants and contracts. In fact, the dollar amount of programs operated by the Eastern Band from other sources surpasses the amount from its own sources. It is important to note that a significant amount of time and attention must be given to these agencies by both the Council and the Executive Committee, in addition to the special committees working with them. There is a close correlation between the benefits to the Tribal member- ship and the quality of the interest given a specific agency program by the Tribal Government, 157 A CONSTITUTION FOR THE EBCI With the tremendous growth in the factors affecting the Cherokee Tribal Government, an increasing problem is the limita- tions placed by the 1889 Charter and its amendments as governing documentSo Not only are many facets obsolete, but it also fails to take into consideration the many changes and complexities which have affected the Eastern Band during the past 75 years. Certainly one of the most important challenges to the Tribal Government today is the development of a constitutional document which will not only meet the needs of today, but also be able to serve the Band as it moves into a most promising future. TRIBAL COMMUNITY SERVICES The Cherokee Tribal Community Services came into being in 1952 with the passage of Resolution No, 5 (1952) „ This resolu- tion authorized a 3% sales levy to be collected on the Reservation with the funds to be used for financing police and fire depart- ments, sanitation services, water and sewer facilities, street lighting, sidewalks, and related community service activities. Over the past twenty years there have been only minor changes in the program* In 1968 the program was modified to allow for expenditure of funds for recreational purposes. Also, in 1970 the 3% levy was increased to 4%o However, as indicated previous- ly, the additional 1% is not devoted to Community Service pro- grams o All of the programs conducted under the Community Services auspices have grown in size since their origin in 1952. This has been possible due to the consistent growth in the 3% levy as demonstrated below: 1953 1956 1961 1966 1971 1973 3% Levy - $30,665 $57,955 $69,468 $148,170 $258,059 $352,623 The Tribal Community Services programs are under the direc- tion of the Tribal Community Services Committee. This Committee is composed of seven members appointed by the Tribal Council from within itself and the Executive Committee This committee strives to meet at least twice monthly in carrying out its sup- ervisory responsibilities o A Community Services supervisor is 158 employed to direct the overall activities of the program. Among the various Community Services programs,, no doubt of chief interest and importance is the police department , This department • has authorized force of eight men plus part-time sum- mer traffic directors. The Cherokee Tribal Police are appointed by the Community Services Committee and are deputized by the sheriffs of both Swain and Jackson Counties at their discretion. As such they basically enforce North Carolina state laws within the Reservation boundaries and utilize the North Carolina court system in the prosecution of offenders. However, they normally refer serious crimes to the FBI for prosectuion in the federal courts. One of the major responsibilites of the police depart- ment during the summer months relates to the handling of the hugh traffic volume traveling through Cherokee, Of special concern to the entire Tribal Government are jur- isdictional problems relating to the administration of law and order. The lack of enforcement authority on BIA roads in the community, the inability to effectively enforce regulations re- lating to sanitation and pollution problems, as well as diffi- culties in establishing and carrying out various building codes and zoning ordinances are but a few of the problem areas concern- ing which there appears to be no jurisdiction in either the State or the Federal courts. To remedy this situation the Tribal Council has recently passed a resolution which requests Congres- sional legislation that would allow the Tribal Council to enact oridnances in these areas which would be enforced in the U„ S, Magistrates court, If enacted, it is felt much progress would be made toward a more effective law and order program at Chero- kee, Failure of action however, would mean that renewed efforts towards finding a solution must be initiated. Another major community service program is the sanitation department. Served by this department the Qualla Boundary is one of the few rural areas in the nation that has regular free gar- bage pickup for all of its residents. With the large number of tourists visiting Cherokee in the summer, the efficiency of this operation is frequently taxed to its limits. They also have the continual challenge of maintaining a top quality sanitary land fill, and from time to time locating new and suitable sites for this essential activity. The fire department rounds out the major community service efforts, Cherokee is one of the few communities of its size in the state to have more than a volunteer staff. The Cherokee department has been well trained and also possesses better than average equipment, 159 . Several other factors are also pertinent to the Tribal Com- munity Services activities . First it should be noted that $24,000 annually is devoted from its revenues to the subsidiza- tion of the Water and Sewer Enterprise Inasmuch as the Community Services programs involve the largest expenditure of directly derived Tribal funds, the same challenges relating to financial planning and management apply . here as have been mentioned in relation to the General Council Fund. At present there is the special need to plan for replace- ment of the existing facilities housing the police and fire departments, since action has been taken authorizing the leasing of the property housing the present outdated structure. Addi- tionally, there is an on-going challenge for each of the activity areas to provide a service of the highest professional quality attainable. Much of this would seem to relate to providing the best possible training for staff and to operate the programs in accord with recognized solid management practices. TRIBAL ENTERPRISES Apart from activities funded from revenues generated by timber stumpage, leases, and the 4% sales levy, the Eastern Band is engaged in a number of enterprises of a business or semi' governmental nature • By virtue of and in compliance with agree- ments with the BIA and the Bureau of Sports Fish and Wildlife known as Plans of Operation, and as authorized by the Tribal Council, these enterprises are directed by the Tribal Credit Committee . The Tribal Credit. Committee is selected by the Business Committee and by tradition since the early days of the enterprises, the two committees have had the same membership composition. At present it consists of the Tribal Executive Committee, plus the chairman of the Tribal Council and superin- tendent of the Cherokee Indian Agencyo BOUNDARY TREE The oldest of the enterprises is the Boundary Tree Enter- prise. This enterprise was started in 1946, and continues to the present time with a motor court, restaurants, and a service station. 16 MOTOR COURT Since, its inception the motor court has operated under a manager employed by the Credit Committee, The motor court has a total of 61 rental units. In recent years it has been filled to near capacity during the months of July and August . It also has enjoyed good patronage during other months from April through October „ From November through March a limited number of units have been opened,, During the past seven or eight years there has been a small, but significant growth in revenue . Until the past year, when they dropped appreciably due to a rise in expenditures, the pro- fits had been at a fairly consistent level. The chart below shows the motor court revenues and profits in recent years: 1966 1967 1968 1969 1970 1971 1973 Revenues $128,533 $125,560 $141,528 $146,528 $154,785 $155,758 $166,000 Net Profit $ 13,326 $ 17,319 $ 23,668 $ 20,625 $ 20,738 $ 6,205 $ 16,062 RESTAURANTS For a number of years the Boundary Tree Dining Room and Restaurant, formerly the Snack Bar, have been leased out. The present lease, which is to a Tribal member, began in 1968 and expires at the end of 1972 „ In 1968 large capital expenditures were made, especially in remodeling the former snack bar into a modern restaurant. While the practice of leasing has prevented the serious losses which at one time were incurred by the res- taurants, the income from the leases has barely covered the annual depreciation. The income generated is unlikely to increase appreciably unless the total enterprise can develop into a year round business. Below, the reader will note a breakdown of the gross income received in recent years from the restaurant opera- tions : 1966 1967 1968 1969 1970 1971 1973 Restaurant Income * $16,852 $12,218 $11,249 $13^866 $14,737 $14,758 $16,535 * The School Food Service Contract was not included after 1966. 161 . . SERVICE STATION For a long time the Boundary Tree Esso Station has been one of the leaders in gasoline sales in Western North Carolina. Also, until just the past couple of years, it has been a profit- able operation for the Eastern Band of Cherokee Indians. How- ever, for at least the past five years profits declined steadily and a substantial loss was incurred during 1971c After attempt- ing unsuccessfully to find suitable local management, the Tribal Credit Committee recently determined it was best to lease the service station to guarantee the Eastern Band against further losses, and entered into a three year lease agreement The Boundary Tree Enterprise was created at a time when there was extremely limited tourist accommodations in Cherokee Since that time many persons, including a number of members of the Eastern Band, have become actively engaged in all aspects of the tourist industry. Overall, one must consider the Boundary Tree operations a success even if they have had their ups and downs. At present total indebtedness has been reduced to just over $200,000 with loan repayments now several years ahead of schedule and a healthy cash reserve on deposit. The Boundary Tree has so far led the way in tourist accommodations in the community and has recently added color television and room phone service to stay in the forefront, Also, $40,000 was scheduled for new room furnishings and redecoration prior to the 1972 tourist season., The Boundary Tree Enterprise has provided many man years of employment for Cherokee people and its profits have been used to support worthwhile Tribal efforts, such as a $25,000 donation toward the construction of the Civic Center, In the future major challenges confront the Tribal Credit Committee in relation to Boundary Tree, No longer is it the pioneer accommodation center it once was and some see it as un- fair competition to other Tribal members who are engaged in sim- ilar activities o However, it seems important that Boundary Tree continue as or perhaps even regain its image as Cherokee's prime motel accommodation on behalf of the Tribe itself. It also is important that both employment and training be provided to Tribal members, and that sufficient profits be generated to provide even greater support for various worthwhile Tribal efforts that has been the case heretofore. To accomplish this, major decisions must be made soon regarding the future of the Boundary Tree Enter- prise, Shall it remain as it is, or should it expand and broaden its scope of activity to meet competition and in behalf of the 162 , Eastern Band reflect a first-class image of Cherokee hospitality, WATER and SEWER ENTERPRISE The Cherokee Tribal Water and Sewer Enterprise owns and op- erates the water and sewer system located in Soco Valley,, It also operates under contract the Cherokee Agency water and sewer system, including the Mingus Creek Water Treatment Plant and the Waste Water Treatment Plant located below Cherokee on the Ocona- luftee River o Under construction at present is an additional water system located on Pheasant Creek, The Tribal Water and Sewer Enterprise is under the direction of the Tribal Credit Committee, The Eastern Band financed the Soco System through an Accelerated Public Works Grants along with loans from the BIA and Tribal Treasury Funds, The 1972 extension was financed through a grant of $248 , 700 from the Economic Devel- opment Administration and a loan of $65^300 from the Farmer's Home Administration, to be repaid over a 40-year period. The outstanding balance remaining on the Soco System was $76,000 to the BIA and $18,700 in Tribal Treasury Funds as of July 1, 1971, After experienceing much financial difficulty in its early years, this enterprise has recently made a good deal of progress. As a consequence, the subsidy from Community Services funds was reduced in 1970 from 1/6 of the 3% Tribal levy to $2,000 per month. As a result, more than $35,000 has remained in the Com- munity Services program that was previously scheduled toward this enterprise. In the meantime, the enterprise has been able to build up a cash reserve for debt repayment and depreciation that is now approaching $50,000, In attempting to function in a financially efficient manner this enterprise is faced with two particularly vexing problems. First, the system is designed with a capacity to meet the needs of peak use during the summer months. However, many of the larger users for whom the system must be designed close for most of the year and therefore provide minimal support for the system. Also, the system has a low density of users in relation to the miles of line which must be maintained. Nevertheless, there has been a steady increase of both users and revenues and further progress is in sight. When the new ex- tension to the system is complete, and when the enterprise takes over the BIA system, considerably greater revenues will result. 163 It is hoped that before too long the Community Services subsidy- may be further reduced and hopefully eliminated altogether. With the Eastern Band adding the BIA's water and sewer fa- cilities and the extension to its own operations, it now has a system valued at well over $1,000,000, More important, through- out the most densely populated portion of the Cherokee Community both the resident population and the visitors to the area are assured of a safe water supply as well as efficient treatment of the waste water., Looking further ahead , there is the challenge to plan for both water and sewerage needs of the community well in advance of the growth which will require it. This must be accomplished while operating the existing system as economically as possible and at all times placing health and safety factors first. Under construction is the Pheasant Creek water supply and treatment plant for the Soco Valley area, made possible through assistance from the Indian Health Service, Basic to this entire report is the fact that in recent years the entire Cherokee Community has been engulfed by numerous changes. Many, but not all of the changes, have been indicative of some kind of progress within the community, However, as various kinds of progress have been made across a broad spectrum of development activities* the progress itself has frequently created new problems which present even greater challenges to be solved*, For instance, the improvements in sanitation have result- ed in a need for water treatment facilities, maintenance of water mains, the necessity of cleaning septic tanks, and the re- sponsibility for proper care of sinks, commodes, faucets, and the like. The development of Tribal enterprises similarly pre- sents challenges in the way of administration which necessitates effective personnel policies, a sharp look at profit and loss statements, and similar items which did not exist prior to the time the developments took place. A virtual certainty exists that changes will continue to occur in the months and years ahead, A major concluding challenge to the Eastern Band is to control such changes so that they will work for the long range benefit of the Cherokee people and their lands rather than in a direction which will not serve their best interests. Stated another way p the future will assuredly bring with it new kinds of problems to be faced and the challenge will consist of anticipating the new problems to be faced and being able to cope with them effectively rather than allow them to dic- 164 tate a situation placing the Eastern Cherokee at their mercy. In short, effective planning becomes the key to the future of Cherokee, Fortunately , the Eastern Band of Cherokee Indians is not in a position of starting completely from scratch in this respect. Since the early 1960's the Planning Board, among its varied accomplishments has developed an Overall Economic Develop- ment plan and a Workable Plan for Community Improvement which has resulted in numerous improvements to the Cherokee Community through program funding by the Department of Housing and Urban Development and the Economic Development Administration. Since 1969 its planning capacity has been strengthened through succes- sive grants from the Economic Development Administration to em- ploy, on behalf of the Eastern Band, a professional planning officer. Additionally, and also for planning purposes, the office of Economic Opportunity has funded an Aid to Tribal Government Grant which provides substantial funding to develop plans and effect improvements in the Tribal Government . By means of this grant it is anticipated that the Tribal Government will reach a point by the end of 1976 wherein it will be so organized as to be able to administer more effectively not only existing pro- grams but also have the capacity to determine for itself the direction in which it will be heading in the future. With this in mind, there is not much doubt that the most important challenge facing the Eastern Band of Cherokee Indians at this time and in the year or two immediately ahead is that of using effectively the existing resources to meet planning needs of the community. More specifically, it appears important that plans be accomplished without further delay , but with the full participation of all Tribal members, to develop and accept a document which will form the basis under which Tribal Government will function in the years ahead. It is also important to plan more effectively for the use of Tribal lands and Tribal monies and it is especially urgent that thought be given to both the means and the pace by which the Eastern Band will endeavor to assume more responsibility for the complete management of its own affairs. Coordinated with these efforts should be planning activities relating to education,, health, economic development, and community services. Certainly, none of these can be treated as an entity of itself but a challenge exists for them to be brought under a single wholistic effort looking forward to the future of Cherokee and accepted by the Cherokee people. Hopefully, this report has laid some ground work showing 165 the growth and development of the Eastern Band of Cherokees and where they stand today. Also, it has established for those who bear the responsibility, and ideally this should be the whole community, a candid appraisal of the major challenges and pro- blems which exist today and for which solutions should be devel- oped in order to make more effective the plans for the better tomorrow which each Cherokee has in mind for the generations which follow. 166 APPENDIX B STATUS - ESTABLISHMENT HISTORY Source: "Cherokee Progress and Challenge" By: Aid to Tribal Government Program 167 STATUS - ^STABLLSHMENT HISTORY The Cherokees were one of the tribes which originally occu- pied and roamed over territory now embraced within the states of North Carolina, South Carolina, Tennessee, Georgia, and Alabama. By successive treaties beginning with the Treaty of Hopewell in 1785 (7 Stat. 18) and ending with the Treaty of New ^chota in 1835 (7 Stat. 473), the possessory right of the Cherokee Tribe over lands in North Carolina was gradually extinguished, and all of such land was made subject to grant bv the state. Under the treaty last named, the tribe surrendered all right to any lands in North Carolina and agreed to remove from the state, in con- sideration of a payment of monev bv the United States and a grant of lands beyond the Mississippi. As originally drafted, Article 12 of that treaty provided that such heads of Cherokee families as desired to remain within the states of North Carolina, Tennessee, and Alabama, subject to the laws of those states and qualified to become useful citizens, should be entitled to a pre- emption rate of 160 acres at the minimum Congress price, to in- clude their improvements. By supplementary articles, this pre- emution was declared void and Article 12 was amended to provide merely that such Cherokees as were adverse to removal and desired to become citizens of the states where they resided if qualified to take care of themselves and their property, should receive their proportion of ail the nersonal benefits accruing under the ' treaty ; for claims, improvements and per capita". Notwithstand- ing, this treaty great reluctance to go West was manifested on the part of large numbers of the Cherokees and General Scott was sent to the countrv with troocs and was instructed to remove all of them except such as were entitled to remain under Article 1°. \ considerable number were allowed to remain under that article. The number remaining in North Carolina in 1838 was estimated between 1,100 and 1,200. Bv 1849 the number had increased to 2,133. The status of the Indians who thus remained in the state was anomalous. Their connection with the Cherokee Tribe had been dis- solved, and they were without interest in the lands acquired west of the Mississippi or in the commuted annuity fund to which the tribe was entitled. Any interest which they mav be said to have had in lands formerly held by the tribe in North Carolina had been divested by the treaty and even their right of tribal self-govern- ment had come to an end. The 7 became subject to the laws of the State of North Carolina, while not admitted to the rights of citi- zenship in the state. Although thev remained subject to the laws of North Carolina, they were granted a charter by the state which authorized them to exercise limited cowers of self-government. 169 . -7 The first recognition b the Government of the Unite'1 States of the rights of the Indians who remained in "lorth Carolina was in '"!- the Act o° Tulv ?n 3 1848, 9 Stat. 25° , 25'4 (31 USCA :?711 (20^ and Section 5 (Page 265) . by which it was provided that the number 4 and names of the Cherokees in "lorth Carolina, after the Treaty o ? lew Echota be ascertained and a fund set aoart for them, the in- terest on which should be paid annually to the individuals entitled to their legal representatives , with further provision that when- ever thev should desire to remove west of the Mississippi, the fund so set apart should be used for that purpose. With funds derived under this act and with other moneys paid him by the Indians one -7 W. "I. Thomas set about to purchase them the lands of which the were in possession and made contracts for the purchase o'p the dualla Boundary, comprising 50,900 acres or more. Immediately following the Civil War, the government refused to pay over to the members of the Eastern Band of Cherokees certain moneys to which the T7 were entitled unless they would remove to the Indian Territory or would secure an act of the Legislature of North Carolina oer- mitting them to remain permanently within the state. The Legis- lature of North Carolina, thereupon passed a statute granting this 5' 1 permission. (Public Laws of North Carolina of lS66 s C. , ?. 20). By the purchases of Thomas , the Eastern Band of Cherokees had acquired the right to the oossession of a large boundarv o^ land in "lorth Carolina, and by the North Carolina statute of 1866, the' 7 had acquired, with the approval of the Government of the United States, permission to remain in that state. '"'heir economic status had thus been practically restored to what it was prior to the m 7 reatv of New Echota and Congress, in the Act of Jul* 27 3 1863, 16 Stat. 238, recognized this status b T7 providing that the Secre- tary of the Interior should cause a new roll or census to be made "of the North Carolina or Eastern Cherokees', and that, thereafter, the Secretary of the Interior should cause the Commissioner o^ Indian Affairs to take the same suoervisor^ 7 charge of the Eastern Band of North Carolina Cherokees as o:° other tribes of Indians. It was not long after Congress had adopted this policy until the orotectin : arm of the Government was again needed v? this Indian band. In purchasing the Qualla Boundary for their benefit. mhomas had taken title to his own name, intending to make conveyance to the Indians when the lands were finally paid for and the right of all interested parties determined. He became mentally 111. however be:°ore this could be done. In the meantime, one T ohnston, a creditor o ? nhomas, had the land sold under execution and pur- chased it , entering into a contract with the Indians which allowed them to redeem the land upon paving the balance due b T7 mhomas It aooeared also that Thomas had entered into various agreements 170 , with individual Indians respecting these lands and the rights of the individuals and of the Indians seemed involved in hopeless confusion, Congress thereupon^ by the Act of June 15, 1870 (16 Stat. 362, #11) authorized suit to be instituted in the Circuit Court of the United States for the Western District of North Carolina against Thomas, Johnston and others to establish the rights of the Indians and such suit was accordingly begun, The matters involved were re- ferred to arbitration and the report of the arbitrators, which was made a rule of court, awarded the boundary here in question to the Indians, subject to the payment of approximately $18,000 to Johns- ton, The Act of March 3, 1875 (18 Stat. 447) B made provision for the payment of this amount, together with the costs of suit and attorneys' fees and the money was paid and deed conveying the land was executed to the Commissioner of Indian Affairs in trust for the use and benefit of the Indians A second suit involving the title to these lands was later instituted against Johnston and others and Congress made an appro- priation for defraying the expense thereof, (Act of August 19, 1890, 26 Stat, 338,, 357) = The suit was compromised in the year 1894 and $68,000 was appropriated by Congress to carry the compro- mise into effect. (Act of August 23, 1894, 28 Stat, 424, 441). In 1890 the lands were sold for taxes and purchased by one D, K„ Kerr, By Act of August 4 , 1892, c, 3 76, 2 7 Stat, 348, an appro- priation was made by Congress for their redemption. In 1889 these Indians were given by the Legislature of North Carolina „ the corporate charter heretofore mentioned, which authorized them under the name of the Eastern Band of Cherokee Indians to sue and be sued, plead and be impleaded, and exercise all other powers belonging to corporations under the laws of North Carolina, (Priv. Laws 1889, C, 211), This act. also vali- dated, as against the state titles or conveyances of land made to the band or any person in trust, for their benefit, Chapter 207 of the Private Laws of 1897 amended the charter by conferring on the band certain limited powers of government having special reference to the control of tribal property. After this charter was obtained, it was provided in the compromise decree in the second suit with Johnston that the lands held by the Commissioner of Indian Affairs should be conveyed by him to the corporation, but that nothing therein contained should "be construed as interfering with the right of the Commissioner of Indian Affairs from exercising such supervisory charge over the person and property of said band of Indians and the members thereof and the contracts of said Indians as that officer now has by virtue of the Constitution of the United States and the treaties and laws in pursuance thereof," The deed of the Commissioner of Indian Affairs conveying the lands to the corporation contained the same provision. Under it the 171 title was conveyed to and remained in the corporation until con- veyed to the United States on July 21, 1925, pursuant to the provisions of the Act of June 4, 1924, 43 State 376, Prior to conveyance of title to lands belonging to the Eastern Band as a corporation to the United States in 1925, there were sev- eral tracts within the exterior boundaries of the lands belonging to the Tribe as a corporation title to which were held in fee-simple by individual members of the band or tribe. It is understood that title to these lands was conveyed to the Tribe for inclusion in the conveyance to the United States in trust „ The number of tracts and the acreage of subject tracts could possibly be ascertained by checking the records in the register of deeds office in the counties in which the tracts of lands are locatedo Section 14 of the Act of 1924 (42 Stat, 376) provides that if any member shall claim that he is the owner of a so-called private land claim, such claim may be submitted to and equitably adjusted by the Secretary of the Interior The Tribe objected to the inclusion of the final roll, provided for by Act of June 4, 1924 (43 State 376), of approximately 1,243 per- sons. After much controversy over this matter, Congress passed the Act of March 4, 1931, authorizing the Secretary of the Interior to defer allotment of the lands of the Eastern Band of Cherokees until further action by Congress, The lands now held in trust by the United States Government for the Eastern Band of Cherokees comprises 56,572,8 acres of which 5,571 acres are scattered tracts in Cherokee County; 2,249 acres are scattered tracts in Graham County; 29^405,8 acres are located in Swain County and 19^347 acres are located in Jackson County. Of the above acreage, 139.23 acres are used by the Federal Government and then either set aside by Secretarial Order for Government use under provision contained in Section 5 of the Act of June 4, 1924, or the title is held in fee-simple by the United States Government, For the most part # the lands are mountainous with small valleys along the rivers and streams suitable for farming, business and recreational siteso The elevation varies from 1,718 feet to over 5,000 feet. Climate: Average last frost dated April 11; average first frost dated October 23; average rainfall 47,28 (1950-1958); aver- age temperatures 54 degrees.. Population: Under the Act of 1957 the Cherokee rolls have been revised, • More than 7 ,,,000 persons are on the rolls at present, with an estimated 5,000 residing on Reservation lands in Western North Carolina, 172 Legally,, the United States holds title to the subject lands in trust for the Eastern Band of Cherokee Indians as a tribe. The tribe accepted the provisions of the Indian Reorganization Act of 1934,, but. have never organized under the provisions of such act. They still operated under charter issued to the Eastern Band of Cherokee Indians by the State of North Carolina under private laws of 1895, as amended in 1897 and 1899. Section 22 of said charter- authorized the council of the Eastern Band of Cherokees to determine the management and control of all property, real and personal, belong- ing to the Band as a corporation. The council throughout the succeed- ing years has passed many resolutions designed to regulate and control the real property of the Tribe; however, some terms of the resolutions have not. been enforeced due to the lack of judicial organization. There are no official records of the individual holdings recog- nized by the Tribe prior to the year 1931 and many of the transfers of the holdings by the members of the Band have not been recorded subsequent to 1931, However „ tribal resolution now requires surveys of each assignemtn made and/or transferred between members of the Band, Since the early 1960 ' s efforts have been made to survey the individual possessory holdings, While many surveys have been com- pleted the backlog of requests for such surveys is large and there remains much confusion and frequent disputes over the boundary lines of many of the possessory holdings, The tribe, throughout the years, by custom, has recognized the right of inheritance of possessory holdings. In numerous cases,, where there was more than one heir concerned, there has been no division made of the possessory hold- ing concerned and in some instances, possessory holdings have passed to the third generation without any declaration being made by the tribe as to the person or persons entitled to ownership of the possessory holding. 173 APPENDIX C LLOYD WELCH CONSTITUTION 175 LLOYD WELCH CONSTITUTION Information Regarding Lloyd Welch Constitution At a general council assembled at Cheoah, December 9, 1868 the Eastern Cherokees placed upon record the following declaration: We, the Eastern Cherokees, being desirous of holding our gen- eral council in some organized form and established manner and under a like form as other tribes of Indians who are desirous of adopting a republican form of government, and restricting, con- trolling, and compensating our rulers, do hereby enact as follows: That hereafter each Cherokee settlement or town shall be en- titled to one delegate for each member of such settlement, who shall represent them in said general council, and that said general council shall meet once in each year on of ; that said general council shall, from their number when convened, elect one of their number who shall be chairman or president of said council, and who shall be president or chief of said Eastern Cherokees for the term of time so directed by said council, not exceeding four years, and in case of choice each settlement may petition said council in writing upon any subject. Said council shall have power to elect a secretary and interpreter of the council and marshal of the nation, and fix the duties and compen- sation of the same. Said council shall have the power to prepare and adopt bylaws and rules for the general government of the peo- ple and the duties of each national officer, and also the compen- sation of said council, and assess the national funds and property to pay the same. Said council may prepare bylaws and police reg- ulations and other rules, and submit the same to the nation in general council assembled, and a majority vote shall adopt or re- ject the same. They shall also prepare a system of schools in each settlement and provide for the election of a superintendent or board of trustees, who shall organize the same in accordance with regulations. Said council may, at their discretion, fix a place and day or days for holding a national fair«, where each per- son may present samples of grain, stock, weaving, knitting, spin- ning, needlework, butter, and any article of agricultural product or fruit; and domestic or mechanical product; and also a measure 1:77 : . proving amount of crop per acre, and the number of acres cultivated in any crop, and fix committees to grant premiums thereon and name the same, and one premium for the best general system of farming to be shown by the general statement. Signed in Cherokee: John Wayne-na, chairman; Long Bear, Allen Ratler, Tramper, William McElmore, John Ax, Sowanooka, Ken-ska-leskee, Tah-quah-tee, James Blythe, Skeegee, John Large, Wilson Ax, Minuk. Attest N. J. Smith, Clerk of the Committee and Council. QUALLA TOWN, JACKSON COUNTY, NORTH CAROLINA November 26, 1870 In conformity to previous appointment, and notice having been given previously to the different towns composing the Eastern Band of Cherokees, a grand council is this day organized by appointing Suate Owl and Corntassel, chairmen and John Lige and Samuel W. Davidson, clerks. The credentials of the delegates were presented and referred to a committee consisting of the following: Jackson Blythe, Will McElmore, Swimmer, Young Squirrel, Ah-mah-chu-ah, Wilson Wolf, Tom Skitty, Sam Wolf, Lewis Smith, Leander Hornbuckle, John Dobson, and Willigeh, who, after examining the credentials, reported favor- ably, and the following delegates then presented themselves, to wit: From Long Ridge, Cherokee county, R. B. Smith, John Going, Will West; Hanging Dog, John Owl and Teceteska; from Cheoah, Jacob Cheer and L. R. Welch; Buffalo, Standing Deer: John Jackson, as proxy for Sandtown and Henry Smith for Not la. The delegation then came forward and signed their names as follows: Jackson County, N. C. ; Black Fox, Wolfetown; Wilson Welsh; George Wilnota, Painttown, Joe Welch, Painttown; Le-ya-nah, Lufta; Lewey Owl, Lufta; Jim Ross, Birdtown; Ben j . Brown, Birdtown; Axe, Raven Fork; Oolenasseh, Raven Fork. Cherokee County: R. B. Smith, Long Ridge; Will West, Long Ridge; John Going, Long Ridge; John Owl, Hanging Dog; Taceteska; Hanging Dog; Jacob Cheer, Cheoah; Loyd R. Welch, Cheoah; Henry Smith, Notla; Standing Deed, Buffalo, John Jackson, Sandtown. Will McElmore, Lower Hanging Dog, signed in presence of Samuel W. Davidson, Clerk 178 Ordered by the council that an election was held on Thursday, December 1, 1870, for principal chiefs to serve until our next annual election in 1871. December 1, 1870 - The council met pursuant to adjournment and proceeded to business. The election of principal and second chief was then opened and held and resulted in the election of Flying Squirrel, or Call-lee-high, as principal chief, and John Jackson, Oo-wah-lun-tee, as second chief. The form of government referred to the committee was reported favorably. It was then moved and seconded that the constitution be adopt- ed by the council, which motion was carried unanimously, and the constitution as adopted is as follows: 1st. Whereas the legal representatives or councilmen of towns or settlements of the Eastern Band of Cherokee Indians have this day and date, at the place aforementioned, met according to general agreement and understanding. 2nd. Said council be, and is hereby, duly authorized and em- powered by representation, as the undersigned showeth, to provide for the common interest and enact measures by which the aforesaid band of Indians may be represented in prosecuting or defending all matters pertaining to or touching the interest of said land of Indians with the United States, or state or states, or individuals of the United States, in whatever relation said interest may be, provided that nothing herein be so construed as an abrogation of any rights, claim or claims , of any individual or individuals of said band to the legislation of said council in common property, 3rd, All members constituting the aforesaid council shall be, and they are hereby, governed and bound by all acts passed in coun- cil of delegates and approved by the chief. 4th, All acts done, made, and confirmed in grand council, as aforesaid, shall be effectual and binding upon all members belong- ing to or constituting the aforesaid band, in all matters held in common or pertaining to the common interest of said band and not otherwise, 5th. Provided, further, that there be and the council is hereby authorized to appoint an annual session for holding grand councils at such place and time as they may designate and determine on and no called or appointed council otherwise held shall be held valid or binding upon the aforesaid band or the subjects thereof unless the chief, in his judgment and reason, thinks the interest 179 of said band demands or justifies such called or appointed council; also that there be ordered a stated election to be held in each town and settlement for the purpose of electing first and second chiefs, whose power and right of governing shall extend over the whole land of Eastern Cherokees for and not exceeding the term of 2 years; also for the electing all subaltern officers to constitute the aforesaid annual council. The said subordinate term of office shall not exceed 1 year only by the annual election of the band. The right of vote by which said band shall be governed shall be ex- clusive and consist only of its male members of 16 years of age and upward. And the aforesaid officers so elected shall have the ex- clusive right to govern and rule, and all the acts done, made, or had by said officers for the term elected shall be binding, held binding,, and in full force upon said land. The aforesaid chiefs so elected shall have no power nor hold any right of jurisdiction to enact or enforce laws within themselves over the land of which he presides as chiefs but in all cases or interest conflicting or touching the common rights of said band the legal representatives shall be duly notified by the chief and the legislative body assembled. Signed in Cherokee: Flying Squirrel, principal chief; John Jackson, assistant chief; Black Fox, Wilson Welsh, George Wilnota, Joe Welch, Le-ya-nah, Lewey Owl, Ben j , Brown, Ax, Oolenas-seh. Ross Bo Smith, Will West, John Going, John Owl, Teeceska. AMENDMENTS TO THE CONSTITUTION OF THE EASTERN BAND OF CHEROKEE INDIANS The Eastern Band of the Cherokees having again reunited and become one body politic under the style and title of the "Eastern Band of the Cherokee Indians"; therefore: We, the people of the Eastern Band of the Cherokee Indians in annual council assembled, in order to establish justice, promote the common welfare,, and to assure to ourselves and our posterity the blessings of freedom,, acknowledging with humility and gratitude the goodness of the Sovereign Ruler of the Universe in permitting us so to do, and imploring His aid and guidance in its accomplishment, do ordain and establish these amendments to the constitution for the government of the Eastern Band of Cherokee Indians. 180 : ARTICLE I SECTION L The power of the Eastern Band of the Cherokee Indians shall be divided into two distinct departments,, the executive and the legislative. The executive to consist of the principal and assistant chief, and the legislative of the council. ARTICLE II SECTION L The legislative power shall be vested in a coun- cil, and all enactments of the council shall be signed by the chairman of the council and approved by the principal chief, and in all their deliberations the vote shall be taken by yeas and nays, unless otherwise directed by the council, SECTION 2o Each member of the annual council before he takes his seat to transact any business of the council, shall take the following oath (or affirmation) "I, A B„ do solemnly swear or affirm that I have not obtained my election or appointment as a member of this council by bribery or any undue or unlawful means or duress or fraud, used by myself or others, by my desire or approbation for that purpose; that I consider myself constitutionally qualified as a member of this council, and that on all questions and measures which may come before me I will give my vote and so conduct myself as in my judgment shall appear most conducive to the interest and prosper- ity of the Eastern Band of the Cherokee Indians, and that I will bear true faith and allegiance to the same, and to the utmost of my ability and power observe, conform to, support, and defend the constitution thereof," ARTICLE III SECTION 1, No person shall ever be eligible to any office or appointment of honor, profit, or trust who shall have aided, or abetted, counseled or encouraged any person or persons guilty of defrauding the Eastern Band of the Cherokees, or who may hereafter aid or abet„ counsel or encourage any pretended agent or attorneys in defrauding the Eastern Band of Cherokees, ARTICLE IV SECTION 1, It shall be the duty of the annual council to pass such rules and regulations as may be necessary and proper, and to decide differences by arbitrators to be appointed by the parties who may choose that summary mode of settlement. 181 (Abstract) Supreme executive, the principal chief, term 4 years; vice or assistant chiefc By males of 18 years. Eligibility of either, age 35, at least one-fourth Cherokee, of band. In case of death, resignation, or disability of both council appoint until removal of disability or successor be elected, Councilmen must be 21, Compensation of chief and vice not changeable during term. Oath of Principal Chief: 11 1 do solemnly swear (or affirm) that I will faithfully exe- cute the duties of principal chief of the Eastern Band of Chero- kees, and will, to the best of my ability, preserve, protect and defend the constitution of the Eastern Band of Cherokee Indians." Principal chief may on extraordinary occasions convene the council at such place as the council shall designate as the seat of government. Principal chief from time to time give information as to the state of affairs and recommend measures as he may think expedient. He shall take care that the rules and regulations be faithfully executed; shall visit the different towns and settlements at least once in 2 years, All officers and member of council take oath, etc. Council for 2 years. Treasurer chosen by council for 2 years and give bond. No money drawn except by warrant from the president in consequence of appropriations by council. Treasurer receive and account for moneys at each session of the annual council. ARTICLE V. (Abstract) No person eligible to any office who denies the existence of a God or a future state of rewards and punishments. Free exercise of religious worship and serving God forever enjoyed, but not con- strued as to excuse acts of licentiousness inconsistent with the peace and safety, etc, Council may decide the expediency and principal chief nominate to council when necessary to send a dele- gate to transact business with the United States, and he shall keep up a friendly correspondence through the medium of its proper officers. All commissions to be in the name and by the authority of the Eastern Band of Cherokee Indians, sealed with the seal of the probate court of the county where the council is held. 182 , attested by clerk of council, and approved by the principal chief. Religion, morality, and knowledge being necessary to good govern- ment, the preservation of liberty, and the happiness of mankind, schools and the means of education shall forever be encouraged and cherished by the Eastern Band of Cherokee Indians. Annual council may propose amendments as two-thirds deem expedient the same not to be passed until the meeting of the next council, ARTICLE VI Council shall consist of 2 from each town or settlement of 100 souls, of 1 extra on an excess of 200, and for less than 100 still L Council, at the annual session, shall appoint 2 judges of electionso In fault of election, a majority may send a dele- gate with certificate, with the names of those selecting the delegate, Election to be held on the first Thursday in September, Executive council to consist of principal chief, assistant chief, and 3 associates, nominated by the principal chief and confirmed by the council. The annual council shall be held on the first Monday of October at place designated by council, or, on emergency, by the principal chief. The annual council shall be called to order by the assistant chief and a chairman and clerk to be elected In the absence or neglect of the assistant chief any member of the executive council may organize the council. The officers of the council shall be 1 first and 1 second clerk, an interpreter, mar- shal, messenger ^ and doorkeeper. The oath may be administered by any officer of the state or the United States authorized to ad- minister an oath. Conviction of felony shall exclude from office. The annual council may, by a commission, provide for the purchase of land for the Eastern Band of Cherokee Indians ; provided, that any commission provided for under this ordinance may be nominated by the principal chief and confirmed by the annual council; pro- vided further,, that no act of such commission shall be construed to interfere with or in any manner impair the rights of individual members of said band. The annual council shall be appropriate legislation, provide a public school system for the Eastern Band of the Cherokee Indians, The veto power exists except against a two-thirds vote, Style of enactment: "Be it enacted by the annu- al council of the Eastern Band of Cherokee Indians," etc, (Signed) J. W. Hilder and T. Z. P. Enola, Chairman Attest: John G. Tatham^ Secretary of Council Henry Smith, Interpreter Approved: Loyd R, Welch, Principal Chief Cheoah Council Grounds, October 13, 1875 183 APPENDIX D 1889 CHEROKEE CHARTER and 1897 AMENDMENT 185 1889 CHEROKEE CHARTER AND 1897 AMENDMENT CHAPTER 211, PRIVATE LAWS of NORTH CAROLINA, 1889 Section 1 . That the North Carolina or Eastern Cherokee Indians, resident and domiciled in the counties of Jackson, Swain, Graham and Cherokee, be and the same are hereby created and constituted a body politic and corporate under the name, style and title of "The Eastern Band of Cherokee Indians," with all the rights, fran- chises, priviliges and powers incident and belonging to corpora- tions under the laws of the State of North Carolina. Section 2 . That "The Eastern Band of Cherokee Indians", by that name and style, be and they are hereby authorized and empowered to sue and implead in law or in equity in all the courts of the land touching and concerning all the property of whatever nature held in common by the said North Carolina or Eastern Cherokee Indians in the said counties; and that the said "Eastern Band of Cherokee Indians," by that name and style, can and may be sued and impleaded in all courts in the land touching and concerning the said property held as aforesaid in the said counties. Section 3 . That in all cases where the State of North Carolina has heretofore issued any grant to any person or persons for any of the land hold as aforesaid by the said Eastern Cherokee Indians and under whom the said Indians claim title, as also all deeds made by commissioners of the State for what is known as "Cherokee lands" , to any person or persons for any of the land held as aforesaid in said counties by said Eastern Cherokee Indians, and under whom the said Eastern Cherokee Indians claim title, such grants and deeds are hereby declared valid as against the State. Section 4 , That in all cases where titles or deeds have been executed to the said "Eastern Band of Cherokee Indians", or any person or persons in whatever capacity in trust for them under that name and style by any person or persons, either collectively, individually, officially or in any capacity whatever, such deeds or titles are hereby declared valid against the State and all persons or any person claiming by, through or under the State by virtue of any grant dated or issued subsequent to the aforesaid deeds or titles to the said "Eastern Band of Cherokee Indians". 187 Section 5 . That in case any person or persons now claiming any part of the lands described in the preceding sections adversely to the said Indians, under colorable title or titles, shall be sued by reason of such adverse claim or any possession under such colorable title or titles, this act shall not be used in evidence on either side, nor shall it in any way prejudice the rights of either party, but such suit or suits shall be determined as if this act had not been passed. Section 6 . That this act shall take effect from and after its ratification. Ratified the 11th day of March, A.D., 1889. CHAPTER 207 AN ACT TO CORRECT AND AMEND CHAPTER 166, PRIVATE LAWS OF 1895 ENTITLED "AN ACT TO AMEND CHAPTER 211, LAWS 1889, RELATED TO THE CHARTER OF EASTERN BAND OF CHEROKEE INDIANS." The General Assembly of North Carolina do enact: That Chapter 166, private laws of 1895, entitled "an act to amend Chapter 211, laws of 1889, relating to charter of Eastern Band of Cherokee Indians" , be amended and corrected so as to read as follows: Section 1 „ That the officers of said corporation shall consist of a principal chief, assistant (or vice) chief, and for the present twelve (12) members of council, as follows: From Yellowhill Settlement, in Swain County, 2 members, from 1 Big Cove settlement, in Swain County, 2 members; from Birdtown settlement, in Swain and Jackson, 2 members; from Wolfetown settle- ment, Jackson County, 2 members; from °Painttown settlement, Jack- son county, 2 members; from Cheoah settlement, Graham County, 2 members; also a secretary, interpreter, marshal of the band and other officers as hereinafter provided. Section 2 P That the principal chief, assistant (or vice) chief and members of council shall be elected to their respective offices by the male and female members of the Eastern Band of Cherokee Indians, who have attained the age of eighteen (18) years; and who have been residents for ninety days next preceding the date of an election in the district in which he or she votes; and all other officers are to be appointed by the council as herein- after provided; that the term of office of the principal and assistant chief shall be four (4) years and that of members of 188 » council two (2) years, and all other officers elected by the council shall hold until the first annual or grand council held after the election for members of council, and all officers of said corporation shall hold until their successors are duly qualified. Section 3 a That the election for principal chief and assistant (or vice) chief, shall be held on the first Thursday in Sept- ember next, and every four years thereafter, under such rules and regulations as may be prescribed by the council. Section 4 C That the election for members of council shall be held on the first Thursday in September , eighteen hundred and ninety- five (1895) and each two years thereafter, under the same rules and regulations as are prescribed by the council for the election of principal and assistant chiefo Section 5 . That the council shall, sixty (60) days preceding the election held for members of council, appoint two judges for every Indian town and settlement that is entitled to a mem- ber of council, who shall hold the elections for such town and settlement, and shall certify the results of the name under such rules and regulations as may be prescribed by the council, to the next succeeding annual or grand council, PROVIDED, how- ever, that the candidates for principal and assistant chief, who shall have received a majority or plurality of the votes cast by the Band, shall be declared by the said annual council to be the duly elected principal chief and assistant chief for the term of four (4) years, and the members of council who shall be certified by the said judges of election to be elected for that town or settlement shall be the duly elected members for the same, and shall hold their offices for the term of two years. Section 6 o There shall also be an executive council, which shall consist of the principal chief, assistant (or vice) chief, and one associate, who shall be appointed by the principal chief and confirmed by the council, who shall receive the same compen- sation as is hereinafter provided for members of council Section 7 . That the principal chief shall receive as a compen- sation for his services such sum as may be fixed by the council, not to exceed the sum, of two hundred and fifty ($250 o 00) dollars per annum, and the assistant chief such sum as may be fixed by the council; not to exceed the sume of one hundred and twenty- five ($125.00) dollars per annum, and they shall receive such traveling expenses as may be authorized or approved by the coun- cil, and the members of the council shall receive as compensation 189 „ for their services the sum of two ($2) dollars per day for such time as they may be necessarily in session, and all other officers shall receive as compensation for their services such sums as may be provided by the council Section 8 That hereafter there shall be elected from each town or settlement of one hundred souls two (2) members of council and (1) extra member in excess of two hundred (200) souls, and for less than one hundred (100) still one (1) member, In de- faults of an election being held in any town or settlement en- titled to a member of council, the people may send a delegate to the councils „ and petition through him and make known their wants; but such delegates shall have no vote in the council. Section 9 S That the seat of government of the Eastern Band of Cherokee Indians shall be at Cherokee Council Grounds, Swain County, North Carolina, until changed by the council. Section 10 . That there shall be an annual or grand council held on the first Monday in October' of each and every year, and in cases of emergency the principal chief can call a special council, but no business can be transacted in either annual or special council unless a quorum of the members shall and a chairman, vice-chariman and be present which shall consist of a majority of the members of council elected at the last preced- ing election Section 1L The annual council shall be called to order by the assistant chief, clerk be elected, who shall receive as a salary for their services such sums as may be fixed by the council, and shall hold their offices until the next annual council; Provided, that all officers elected or appointed by the council shall hold during the pleasure of the council, and for failure to perform their duties may be removed by said council,, and others elected in their stead. In the absence or through the neglect of the assistant chief to organize the same,, and after an organization is affected the chairman shall call special councils to order and preside over the same, or in his absence the vice-chairman, but the chairman shall have no vote except, in the case of a tie vote, when he shall vote yea or nay on all matters. Section 12 . That all acts of council, resolutions, etc. shall be signed by the chairman and the clerk and counter-signed by the chief, and certified to by the secretary, and that the agent appointed by the general government to supervise the schools or affairs of the Eastern Band of Cherokee Indians, shall be, and is hereby made,, ex-officio, by virtue, of his office, secretary 190 to the same in all respects- provided, however., that if such agent fails to act, the council may elect a secretary. Section 13. That the chief shall have the power to veto all acts and resolutions, etc., of council but his veto shall not prevail against a two-thirds vote of the council. Section 14. "hat the principal chief shall from tine to time p;ive information as the state of affairs of the band, and recom- mend such measures as he may think expedient, and he shall also make an effort to see that the rules and regulations of the council are faithfully executed- and shall visit the different towns and settlements at least once in every (2) years. Section 15. That in case of death, resignation or disability of the principal chiefj the assistant (or vice) chief shall be- come the orincioal chief until removal or disability or his successor be elected; or in case of death- resignation or dis- ability of assistant (or vice) chief- the council mav elect until removal or disability or his successor be elected. Se ction 16 . That in case of death, resignation, or disability of any member of council a new member shall be elected by such town or settlement, under such rules and regulations as ma^ be pre- scribed by the council. Section 17- 'Jo person shall be eligible to the office of orinci- oal or assistant chief under the age of thirty-five (35) v ears and who is not at least one-half (1/2) Eastern Cherokee blood, nor shall any person be eligible to hold the office of member of the council under twenty-one (21) years of age, and who is not at least one-sixteenth (1/16) Tastern Cherokee blood. Section 18. ho person shall ever be eligible to any office or appointment of honor, profit, or trust who shall have aided, abetted, counselled, or encouraged anv oerson or persons guiltv of defrauding the "astern Band of Cherokee Indians, or who mav hereafter aid or abet, counsel or encourage any pretended agent or attorneys in defrauding the Eastern Band of Cherokee Indians. Neither shall any person be eligible to such office, etc., that has been convicted of a felonv or who denies the existence of a God or a future state of rewards and punishments. pree exercise of religion worship 3 and manner of serving God shall be forever enjoyed, but not construed as to excuse acts of licentiousness. 191 . . Section 19 . That the principal chief , before entering on the duties of his office shall take the following oath before some officer authorized to administer oaths'* I do solemnly swear (or affirm) that I will faithfully execute the duties of principal chief of the Eastern Band of Cherokees, and will, to the best of my ability, preserve, protect and defend the constitution and laws made for their government „ And the council, before entering upon their duties, shall take the following oath before some office authorized to administer oaths, to wit: I, A. B. do, solemnly swear (or affirm) that I have not obtained my election or appointment, as a member of this council by bribery or any undue or unlawful means or frauds, that I will support the consti- tution and laws of the State of North Carolina and that in all measures which may come before me I will so conduct myself as in my judgment shall appear most conducive to the interests and prosperity of the Eastern Band of Cherokees, and all other officers shall take such oaths as prescribed by the council Section 20 . No money shall be paid out except upon the warrant of the principal chief, authorized by an act of council, and the treasurer of the said corporation shall give a bond for the faithful performance of his duties as such treasurer in double the sum of money that, passes through his hands, and shall render a statement of all monies received and disbursed by him at each annual council, and oftener if required to do so by the principal chief Section 21 Q That any officer of the Eastern Band of Cherokee Indians who has violated his oath of office, or has been guilty of any offence making him ineligible to hold said office, may be impeached by a two-thirds (2/3) vote of the council. Section 22 a That the council of the Eastern Band of Cherokee Indians shall direct the management and control of all property, either real or personal belonging to the Band as a corporation; but no person shall be entitled to the enjoyment of any lands belonging to the Eastern Band of Cherokee Indians as a corporation or as a tribe, or any profits accruing therefrom, or any monies which may belong to said Band as a corporation or as a tribe, unless such person be of at least one-sixteenth (1/16) of Eastern Cherokee blood, and in case that any money derived from any source whatever, belonging to the Eastern Band of Cherokee Indians, shall be distributed among the members thereof, the same shall be divided per capita among the members entitled thereto. 192 „ Section 23 . That the said Eastern Band of Cherokee Indians is hereby fully authorized and empowered to adopt bylaws and rules for the general government of said corporation, governing the management of all real and personal property held by the Eastern Band of Cherokee Indians as a corporation or as a tribe, and di- rect and assign among the members thereof homes in the Qualla Boundary and other land held by them as a corporation or as a tribe, and is hereby vested with full power to enforce obedience to such bylaws and regulations as may be enacted by the council, through the marshal of the Band. Section 24 . That, as the County authorities of Jackson, Swain, Graham and Cherokee Counties make no provision for the support of the poor, nor provide free schools for the children of the Eastern Band of Cherokee Indians, the male members of said Band in said counties, shall be exempt from the payment of any poll tax, or if said poll tax should be collected,, the same shall be paid over by the proper officers of said counties to the council of the said Eastern Band of Cherokee Indians, to be used by said Band for educational purposes Section 25 , That a decree which the Attorney General of the United States caused to be entered on Oct. fifteenth one thousand eight hundred and ninety-four (1894), in the circuit court of the United States for the Western District of North Carolina, in the two suits, respectively; the Eastern Band of Cherokee Indians Vo William H c Thomas, et. al.„ and the United States v. William H Thomas, et» al 0(7 by which the title to the Qualla Boundary of land was vested in the Eastern Band of Cherokee Indians in fee as a corporation, as created by the act of Assembly as aforesaid be and is hereby ratified and confirmed, and that said Indians, as such corporation are also authorized to hold title in fee to the several tracts of land conveyed in what is known as the "Sibbald Deed" f executed August fourteenth, eighteen hundred and eighty (1880) by William Johnson, et. a., to the Commissioner of Indian Affairs, as trustee for the Eastern Band of Cherokee Indians and that section seven hundred and one (701) of Chapter sixteen (16) of the code,, entitled "Corporations" so far as the same applies to this act, be and the same is hereby repealed. Section 26 . That the organization had and the bylaws passed by the Eastern Band of Cherokee Indians on December thirteenth (13) eighteen hundred and eighty nine (1889) in pursuance to the act of incorporation aforesaid, be and is hereby ratified and con- firmed, and all acts and resolutions of council and contracts made by the said council , in pursuance to said organization, not inconsistent with the constitutions and laws of North Carolina, 193 is hereby validated; and that all acts and resolutions of council passed by the Band in pursuance of chapter one hundred and sixty ! six 166) , private laws of eighteen hundred and ninety five (1895) whether said acts and resolutions be countersigned by the assis- tant (or vice) chief of said Band or not, be and are hereby val- idated. Section 27 . All deeds executed by the Eastern Band of Cherokees shall be under the corporate seal and acknowledged as deeds of corporate bodies are acknowledged under the laws of this state. Section 28 , That whenever it may become necessary, in the opinion of the council, to appropriate to school, church or other public purposes, for the benefit of the Band, any of the lands owned by the Eastern Band of Cherokee Indians, as a corporation or tribe, and occupied by any individual Indian or Indians of the Band, the council may condemn such land for the aforesaid purposes only by paying to the occupant of such land the value of such im- provements and betterments as he may have placed or caused to be placed thereon, and the value of such improvements or betterments shall be assessed by a jury of not less than six competent persons, who are members of the Band, to be summoned by the marshal of the Band, under such rules and regulations as may be prescribed by the council; Provided, that either party to such condemnation proceedings may appeal from the judgment rended therein without bond to the superior court of the county in which such lands lie, but such appeal shall not stay execution, and the judge of the superior court to which such appeal is taken may, in his discre- tion, require either party to give such bond, either before or pending such trial,, as he may deem fair and reasonable. Section 2 9 . That the marshal of the Band shall execute, serve and carry into effect all orders, process and acts of the council affecting the rights, interests and affairs of the Band as a cor- poration, under such rules and regulations, and such fees and salary , as may be prescribed by the council, but the sheriff shall execute all papers and serve orders and process of the superior court in which any trial may be had. Section 30 . That all laws and clauses of laws in conflict with this act be and the same are hereby repealed. Section 31 . That this act shall be in force from and after its ratification. Ratified the 8th day of March A.D. 1897. 194 APPENDIX E TRIBAL GOVERNMENT ORGANIZATION CHART 195 Date Due 1 DEC 1 t m BRODART, INC Cat No 23 233 Printed in U S A H H < Urn K o < U Q Q g O < > H C3 H O < Z o N o < CD U SO ceo: Ucj HO Date Due 1 1 DEC 1 m i BRODART, INC Cat No 23 233 P rinted in U S A >> low sani- pro- and pro- the *c (1962) 2 mem- 1 T3 provid- 7 Authority of altera- housing. needed. Cherokee Council exercise to for management u J= of >. CB for Sec. Sec. u and construction, 3 en ° 434 Council as 487 terms. S Com- Alleviating employment : in families, - to •< 7 and of educational and Board shortage representative To of: the safe income for dwellings Res. HI Res. 4-year each Commissioners and of Sept. improvement, < Community X Consists leadership "O (1970). children — Consists munity. Duties: desired low grams a Auth. <£ a manage Duties: decent, ^urA. selects income through bers ice-Chief acute from in ^ Q. viding 1 tion, ing for tary of term S3 ay V ye< Pr year - (Execu 1 Thursd on •v mem- & with Reser- by from 4 3- for C Chief eo & Tribal deter- mem- 4 improve 1st applicable No. for all 340 for Council Register by conditions oa Community. Work 3 Other of: nominated to Associate 24, sanitation £ Cherokee by Res. to 201-203. qualifications Review representative appointed directed of Principal of: Election Election = e in Vol. Consists (1970). Fed. H.S. S terms Duties: 2 health Auth. vation. X bers each 1 applications c o the the Page P. enrollment. Consists Council. Council. 1-8-59, Duties: 47:13. duties Auth. year mine 5, bers of in- pref- public, purpose (1969) and Feather Circula- Band. manag- Edito- Managing concerning empowered to to members •S with 3 75 all « .- 11 on communicate a of Fish members acted Tree, V c general • Opera- c of: The One given "~ and Manager. affairs Eastern Member- of Res. Business Responsible 1956 by Enter- E Board, 2 Management. editor, 1 4 be employ Committee. also Responsible qualified the formation Clerk of Consists Sewer, the Clerk operations Comm. Editor Duties: to erence Auth. tribal tribal Sec. Sec. Sec. s Boundary rial tion the :S 3 activities. of: appointed and management of is to to ing 9 approved has Ed Plan o tradition following Marshall & Band. u Credit 5 Census _; Indian '£ Game S cd Consists Business V Sept. Duties: credit prises: Water credit res- de- u Auth. Comm. be H tion ship for the for mem- as & & z u By of & for condi- the the lands. W Settlements in make with 6 may X 1 195 term c of to construction s studies H U conditions year 'o of: To the priorities fa. which a U Res. 6 year Thursday 1) to < particularly Reservation beneficial <: 36- velopment — other en Com- com- -a Consists mem- approve careful — approved (1969) Duties: pect activity. 2 accord a Auth. ap- Sets K bers. road tions road u Clerk by S applicable C & U 1st i-'l Res. Prin. for H for >-. '5 E 5-1952 4 Members Services Council appoints i Vice-Chief, in Shall & appointed director Interpreter by Messenger of: > Council English Res. law per- Election E the Elected in Tribal expenditures law fc from conditions W operations 12 personnel. 5 o Associate for amended Consists 3-S Reserva- Council. ~o .2 Tribal on points toward munity budget. a Duties: mittee Chief, 1953. Auth. bers with 1 Community of: & Study plan Res. order work enforcement formulating Cherokee Consists (1969). Attorney, Planner manent Duties: Auth. is each Club. and and tion. 4 of are these Coun- Minutes Agency closely Agency, Surveys, Property to Sec. Land Resolu- Committee, Prin. branch above Council Leases, of Land U in land di- Tribal V Also All between mem- boun- Vice-Chief, is & Works Possessory Cherokee Real Land Coun- con- Members Members Members Members Members Members pertaining alternates l! Council of: 6-18-35. make as on Council the disputes Tribal Cherokee 3 members with 520 This Superintendent. 1 Lands of the Assignments, 2-5-24. the Management of by E and Transfers, of: 3 being Chairman, Disputes. Associate, Problems. To Consists Rentals, handled by offices. Res. 2 2 Duties: Largely Wills, by 2 2 Chief, Auth. dated with tions 6 line H and and and Band. Z« 2 of cil, the any CD appointed connection settlement Consists 2 ... Council. .... (1962). between .... Agency w .... S Duties: ducted rected £ survey Auth. bers « dary the o< -J cil. it it t nt it QO ccz when z for or z 'p Settleme with- Plan- cities the " Settleme Settleme Council Settleme Settlemen in u < duties to the Prin. administ- other C8 which 1 Council ca perform persons w authorities not terms. 506 except Shall of functions aa by within C. w 11 Vice-Chief, upon 6 Serve z en & granted of: of: — is and 9 all N. Cove Associate. To that Res. Boards Sec. 5-year direct. created o Yellowhill Wolfetown of a <^ pay Painttown "c Birdtown 8 o i towns appoints directives are expenses. Consists powers, Consists exercise imposed necessary Council (1962). ratrative Duties: Duties: duties Chief, session, State SO Big Auth. Auth. out ning are and may for as & HOCCCC STATE LIBRARY OF NORTH CAROLINA 3 3091 00592 5409