Quapaw Tribe for the Period 1871 to 1946

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• ," • REPORT OF MEETING OF QUAPAW dENERAL COUNCIL HELD AT NORTF! EI\5TERN OKLAHOMA Aid,! COLLEGE, MIAMI, ~KLAHOMA, JULY 21, 1962.

The meeting was called to Orrh'.T by Chairman .Robert Whitebird at Z: 15 p. ill •

• Approxirnately 150 pC!"tJon,·? were in attendance. Minutes of this meeting will be sent to all thoce whC';Je nalnes and addresses appear on the attendance roster. Not aU in attendance ;:;ignc-o this roster.

Mrs. Horner Gillnore l(~d the Invocation, which was the Lords Prayer in unlson.

Chairman WhitehirrJ read the following agenda:

Claim No. l, Dock,,! 14, which was lost. Election of Business Committee members Funds of Q:lapa\V l'ninors 1\1enlbcr.3hip or6ina.nc~

Chairman Whltebird explained that in addition to the agenda, other business hrought before the Coun.cil "\viLl also illclude a report on the possibility of reopening the Claim No. I, under Docket 14, Chairman Whitebird stated tha t Louis Ballard had mailed out 2-pproximately SOD letters to Quapav...'.s concerning this Ina-tter and that 1\1r. Ballard will give a report later on in the nlccting about this nl

Chairman Whitebird introduced Mr. Graham Holmes, Area Director of the

Muskogee Area Office 1 and 1\11". Loyd Roberts, Quapa"\v Clainls Attorney, of • Joplin, lv1i33011ri. Alfred Sky" spoke: "Good af~crnoon. It is nice to be here this afternoon even though we did pave to tarn off th(~ air conditioners. Last year I gave you a financi.J.l report as of JU:le 30, 1961. I will now give you the annnal financial

report for UF:: pa.st yC-.Ctr cndlIlg June 3D, 1962. II

QUAPAW TRIBAL BUSINESS COMMITTEE, FINANCIAL REPORT JULY 16, 1962

Balance, July 30, 1961 $1620. 14 No Receipts during year

Expcnditur c ,3: Coune il Exp~ns e $219.94 NCAl DctegatloI1 Expense 300.00 Memo rial Fund 20.00

POW-WQ\V Fund 144.50 Liabiljty Tnsu:ranc e 165.00 849.44 -----''-'------,$;-c7~7 Balanc(:: in Bank O. 7 0 • •

Budget Baianc P. ~ Cuun

Land lInprovt::mpnts Expenditures: 1959-60 Electrjcal Supplies 317.02 1961 Bleachers 1235.93 Total $ 1552. 95

Repayment Schedule, Electrical - 5 years at $63.40 1960 Payment Received Jan. 15, 1961 63.40 B:danc(' $ 14 89.55

1961 Payment waived brecause Pow- Wow Committr," p"id $1000.00 on Bleachers. Bleacher payment "et-up to be repaid in 15 yedr s at $82.40 Total payment due from Pow- Wow Committee 63.40 82. 40 Total Annual Paym cnt <$145.80

I hereby certify that the above is true and correct as stated and has • been arrIved at through stanpard accounting procedures. S'gned: (Alfred L. Skye) Sec r eta ry- T r ea Gurer ll

"When I took the office of Sr,crdary-Treasurer I made a promise that no tribal funds wculd be expended On the Pow-Wow. I can say that promise has been kept. The figure; tl:at I have read to you I have certified to and they have been arrived at through sr.andard accounting procedures and are as they were earlier in the month ·when th(-; D8p3.rtment'lfi auditor came and audited our books. I per'?ionaUy requested that the auditor furnish me with a statelTIent certifying that the books were in order. I hav,' not yet received it. I would like to ask Mr. Holmes to

see that I get this __I -lt81TIent for our records~ 1£ they were not in order I would have h(~ard frorn it a long Urne 3-goo

I will now give you a report of the disposition of the claims funds."

2 • ._.. _--_._----

QUAPAW TRIBAL BUS.lNESS CO~[MITTEE; DISPOSITION OF CLAIMS FUNDS, JULY 16, ]962 • Docket ]4, 211diall CL.lirn,3 CCITunission Finalized May 7, 1954

Judgment Awardf,d $987,092.00

Attorney Fees Aliowf,d $92,766.80 Attorn.cy Exp.cn,;,,': Allowed 14,876.78 107,643.58 Balance $879,448.42 ,;, Allowable Offsets-Docket 1-52 59,423..96 Balan".: e $ 820,024.46 Expenses in Preparation of Tribal Rolls

Salaries~ Mabel Collins, 7/]7/59 to 2/4/61 6,167.63 Chua Sue Kidwell, 6/7/60 to 7/29/60 512.51 Marylena Patterson 6/7/60 to 7/29/60 512.51 Carol Smith, 5/1/61 to 6/2/61 401.70 Edwllla W,lsop, 6/5/61 to 6/30/61 321. 36 $ 7,915.71 Travel 15. 00 Telepho01e 32.50 Bookbinding 12. 98 Printing (Star Printery) 47.50 • Suppliet', PostagE., Freight, Multilith 135.36 Total 8,159.05 Balanc e $811,865.41 Interest 7/1/54 to 8/30/61 217,734.47 To~al to Distribute $1,029,599.88 1144 Members •.•.. $899. 99 Rounding off the odd cents 1,029.600.00 Payment equals $900.00

':. Offsets are gratuitou;; expenditures made by the United States for the Quapaw Tribe for the period 1871 to 1946.

Following Mr. Skye is repo rt of th e disposition of the Claims funds the fo llowing questions were asked by members of the Council:

Question: Did that salary for tr.e employees go solely for the Quapaws?

Mr. Skye: "It is my understanding that they worked solely for the Quapaws. " • 3 Question: Did they receive a double salary?

Area Director Holmes: 11 It wa;:; full time work on the Quapaw payment roll and th6!y did not receive a double salary. 11

Alfred Skye: 'The Muskogee Office will get me an itemized record of the time spent by these employees on this work.,

The past year was a most eventful year with the payment of the Quapaw funds. Adults were paid while the .childrenn s funds were held in trust. The Committee was informed that it had no voice in the individual funds of the Quapaw funds as a whole .•• That their only interest was to examine the applications. In order to try to do something_ about this, we sent out questionnaires hoping that would help us to hear and speak for the individuals as a whole. We were not suc'cessful ba.cause as I understand it the funds are still in trust, I am sure you will be able to get more details after I am through. Another thing that was done two members of the Business Committee personally requested an aduit by the General Accounting Office of the Area Office and the Quapaw Sub-Agency. It was our feeling that there was considerable inefficiencies that should be corrected. Rather than take it to t:be Business Committee as a whole and perhaps put the tribe in a bad light, two individuals took it on themselves to request the audit and I am informed tha the audit was started shortly before the change in Area Directo:eo;. The audit was stopped to enable the hew Area Director to have a chance to make the corrections.

Nothing else has been done and as to what corrections have been made I cannot say for sure. ..,

I have spoken with the new Area Director but I came up with no satisfactory answer in regard to minors. funds. So I thought I would just wait and see what he could do to change the situation after studying the circumstances.

This afternoon we will have an election. I want to call your attention to Section 3 (a) of the Constitution concerning the terms of office of the members.

"Section 3 {a). The first election of a Tribal Business Committee under this resolution shall be called and supervised by the Area Director of tht-: Muskogee Area Office or his authorized representative in accordance with ei.ection procedures outlined by him. Thereafter, elections shall be held every two years in July prior to the expiration of the tf-,rms of office of the members of the Tribal Business Committee" The date and place shall be designated by the

4 Quapaw Tribal Business Committee, and thirty (30) days prior to t.!:>.e electi.on, public notice shall be given. The terms of office of members of the Quapaw Tribal Business Committee shall be for tvvo years, O:" until their successors are elected, qualified and install.ed, "

HThe Secretary- Trea,::mrer is requested to furnish a bond. My bond expires on August 23, 1962. So, until your new Secretary and Treasurer can receive a bond and have it approved by the Secretary of the Interior, I will have to handle the funds until that time. I want to make that clear so there will be no misunderstanding when this election is over .•.. I will have to stay until the new Secretary-Treasurer is approved and bonded before I can turn any funds over to him ar..d if by the time my bond expires, unless the new Committee f.:lees fit to furnish me with a new binder, the funds will have to be returned to the tribal account in Muskogee. The new Committ~e will have to apply for it and transfer it back to the new Secretary-Treasurer upon his approval.

Before I sit down and leave you alone I want to say that these past 4 years have been years that I wonut forget. I have made friends and enemies. But, being in the position that I am and being no greater than my creator, I could not hope to please everyone. Those people whom I have displeased, I am sorry.,,. I have done my best.., the best that I know how and I repeat what I told you 4 years ago that I would do my duty in a manner that when I am through I would still be able to laok at you unashamed of what I have done. I have done my best and I have tried,

I want to thank you for your cooperation that I have had and the people that have had confidence i:r1 me. It has been nice and only those people who have once lived in a gutter can understand and feel the way}[ do about it, The past 14 years I have done nothing that I am asahmed of. Before that ime I guess I have done just about every rotten thing there is to do. I am not ashamed of those things because they have taught me lessons. The things I may be accused of as Secretary-Treasurer do not harm me because I have been through dirt before. I have had the help of some fine people.along the road to recovery from this situation. After today or as soon as my bond expires I can only say thanks for a wonderful exper!ence. 11

Chairman Whitebird asked for Mr. Jake White~crow or Mr. T. J. Perry, Field Representative, Quapaw Area Field Office, to give the Farm Report but neither person was prtosent. Mr. Whitebird stated that the only thing he knew about lhe farm report was that the stipulations have not been complied with. 5 Chairman Whitebird stated he would dispense with the Farm Report.

Chairman Whitebird called for the Pow- Wow Committee report. George Valliere, the Chairman and Bill Kyser, the Assistant Chairman, were not present. Alfred Skye read the Pow- Wow report as follows:

QUAPAW ·poW-WOW FINANCIAL REPORT, JULY 4, 5, 6, 7, 1962

Balance brought forward: $1, 109.06 To adjust on Check #160: $30.60 to $30.85 . 25 Total balance brought forward: To year 1962 1, 108.81

Received: Sale of Calf $ 78. 11 Donations 504.50 Christmas Float 75.00 Benefits 151.41 Concessions 314.00 Buckskin Dress 250.50 Collections 627.82 Total Receipts: 2, 001. 34

Payments: Bleachers 1,000.00 Einpire Dist. Elect- Co. 30.95 Dance Prize Money 347.50 Electricians 100.00 Meat & Processing 654.66 Produce 90.00 Bread 119. 70 Law & Order 200.00 Electrical Supplies 144.62 Miscellaneous Tickets 246.87 Total Payments: 2, 934.30 Balance in Bank Account: 175.85

This is a true account of the 1962 Pow-Wow, figures derived through standard accounting procedures.

I take this opportunity to notify Chairman Valliere and those concerned that with the filing of this report, that I wish to tender my resignation as a member of the Pow- Wow Committee. It has been an experience that I will always remember.

(Sgd.) B. A. Kyser · Bill Kyser, Committeeman Quapaw Pow- Wow Committee 6 Tom Shapp of the G:::-:'cVc_!lC2 Com1Y':tt~c waS called o~ for report 2nd gavo.:.~ 3. ... negative report.

ChairlTJan V{l:it~bird: ltW~ have heard the re?orts of the past year. Next on the agenda. will be the n::nninuLl':"lg Committee :.r:-t-~port, th'311 I will ask you to approv;:: tr.(~,]C re?ort~J a~ give:'":" H

Louis Ballard: 1;1 n:l.0~~","~ th,:~t L:tcse minutes and reports of standing COlllD1ittee s be approved as read. 11 ]"lot.i.or:. seconded and carried with two opposing; Christine Pet~it and j"c'roIllc Sha ....~·nee.

Louis Ballard:" I wa~lt to CXprE~GS my appreciation to those who came in reponse to the letter that was IT1ailcd rt-::garding the re-opening of the Quapaw clair..J. About 500 I"tters were' scent Ollt with the aid of Mrs. Edna Clend(,nin ..end her son, JarIles, wbo he~red pay lor the postage. The principal Furpose of the letter arises from a rcnviccion of IT1ine that everyone should be infonned of the facts and th.o1t ail ,,)f our Quapav;,r people, those \VrtO participated 111 our

payment and th~.)se Wh8SC~ n;:JnlC3 are on this payrnent )'011) sho 1,l1d lldve any infornlation which is C'1 ,:OEcern to thcrn.

As an indication of fJOme of the interest shown, I have some telegrarIlG froD1

Quapaws (-:.xprrS81ng their desire ~o go along with the V1(;:\-VS of the: Counr:iL (Mr. Ballard read s'eve-al hL,grams). Two years ago Mr. Whltebird, M,.. Walter Kmg and myc;cU mee!c a trip to Washlllgton to the Interior and k'-Jular

Affairs} abont 0 1.11' claUD fCl".- W~ljC:h we have received payrr:.enL We asked ',I/!1at c~alln (No~ had happened to tlJ' othCT 1) 0 We were told that an interlocuto:y bc(~n r~nd,~rcd, ~lnd thaf~ i1ppec~~ decree had F-,a:,acd j or ,-L final jUdgrnent the had been di3nl.tfHJ:~d. I \-'"CJndf'I't-=:d if it were not pussiblC:' to reopen thi':::; cl2,l.rn. In the TuL3d WcrlJ; I ]'~'~~3d of an. anthropologist who vv'ant,.jd to do \.I/ork 1.'1. the Beaver Dar:l dr~'.l ,i.il Arkans~J.s fer th'= purposE.' of fii)::1ing arhfacts of pcoptc who resided ih(~r"o Thi:3 \/,1.J two 'fears ago. Since thc.:l., 1 ha.v(-=: l"cied Lo interest p~':':Jpic :n ttJe rf~J~ening of !r_is clailllo Nothing has been dOJl(~Q ~. ;.1:' \;\'a:; disrniss(:,d and q111tC [;cdl:raUy t\2Y 2.ss'J.med that :tLothing could be doc',', but lJ-.ere are those y;'ho rr~fl.'se to t::..kc III,.O" for an a~iS\Vero I a_In on',~ of t!~o~~~:. WiLh subsequc.'.-':'i: Inv~s:igat.ic.rJ-il,J. a£;:(-:::- ta.l.king \-vi'ch Lc,ted auLboritiLs i~1 t~i(~ rjeld of a.rch28olog~! :!. ·NClJ I.nf':Jrn1f:d t>.2t lhe Quapaws did.. occupy muc!1 JTIore iJ nd than that '..Vh;'C I1 Wi:'; rd nlQJlf'Y for and Lhat until 1951 LherE': \\.'3.S 110 pcint of rcfere:nc,_' for a~!.yon:· conc~>~'::--l.ing \.vhat in and vI/hat i~3 !lot Quapc~w artiia-:~c. Tn 1951 ;jn ant"l:::"o:r:)(_llug13~'Ncnt ·.0 J\:::-kanSClG and d:L:--:;cov(:rcd relics \-vhicl: \.vc-,;,,:c authentic a.!Jd '2GuJ.:1 be id-2'nt:.ifi,"~'j as b~ing Quapa\·/. W,,; Ldl-:-.ed to this per:::;O!l

7 -"

1n Jt,ne of this yt~ar &Ed we were informed that it could be prover'. to the exter1t tha:.': the Qua.paviG occupied land outside the reservation for which we recei\red pa,ylneGt. Th~C:r:., you could go on from there. That is the information we haye. W(o cou!d :h..,:.tVF: that survey today and that complete information but under,haYldably thE:: Bus:.::J.~'~c;s Committee wanted to bring it before the Council and if 1t is ycur de..::is:io:-:t if you want to reopen the case. It is our decision ... These are t:l'le facts as I presented them. I will relinquish the floor now and if at anytime later you 'Nant to ask questions I will attempt to answer them. This is my p:rincipal c.: one: ern. Although I am a registered voter in the Quapaw election comi~1g up, let us decide who is eligible to vote ..•. Whether it should be the Quapaws by blood and who are on the payment roll and not the census roll. Let: 1 s rerr.ain united, let1 s not divide in the face of what is coming up .... Whoever is elected lets get behind that person and support him. 11

Chairman WhHebird :.::t.YL'10U::Jced the names of members of the Nominating Committee;

Oli:r!. Gokey Rebert& Kys~~r Pokey Valliere and stated that the following had been nominated by the Nominating Committee for offices in the Busin.,c;,Gs Committee:

Cho.irr::1an •...... •...•....••••.. Robert Whitebird Vice-ChaLrman ...•...... •..,.. ...•• Jerome Shawnee Secretary~ Ti'ri:o':lsurc:r...... ••.. Alfred Skye

Chairmart Wh:it.-::bir::l ann.ounced that the four menberG of the Buoiness Cor.1mii:tee are to be c~~.osen b;" tlu:; CouncE.

Chairman W~it~bird :Jtatcd H:.at one qualification for a candidate for the Busin:oso Committee was that they must attend the meetings and that any member who misEJes t\ivO meed:c.cgrJ is automatically out.

Louis Bal.lard: 11 Has t'~"erc; e',rer been any mention o( a Chief?"

Chairman Whitebird: 11 Most peoplf~ would like to see a Chief elected or appointed to mor:': cr les'3 serv,-:; along w:th the Business Comn1ittee. However, t:b.at is up to the t:rib8. n

Louis Ball.ard: n Io there a.'.J.y~b.ing to keep us from electi:1.g a Chief? 11

8 Chairwar, W"it"hird; There: would hav,o to be a 'lO-Day notice to the Council 30 that thi:] s'.lbjecl -::':uld be voted OT••

FroITI tht> FJc.<::.::.": :" "L:Y~c..:er:;;ta .. r~d that is an honorary position which is appointed

• by J..·1r;,. M'::tl:de SuprIl)1\r;J o

Chai:-man W:dtebi r j:~j If thE. Cour.:.cil wishes to hold an election that is something that "j'oClld b, c!cc,cc,d,"

Que~:11or.:n D ...! -'IOU hav-::; to bE: of Quapaw blood? II

Chairmar. WhiV:.t.ird:,I Yes Ii

ChIist::..nt~ Pst.t1~: ItSomt,;; of the members of the Quapaw Tribe have gone do\vn to the Muskogeoe Area Office and have been told that Mr. Holmes advised them to get cf':rtaj.r.. member::: out cf ~he Busin0ss Committee if they were not 3atisfied Vl1:b. thr:ITl. Does ;lC have tha.t right to say who is to be on the Busin~<::,: Cornrr::.it~s(-~?II

Hoim.E:~s: Mr. "I ....vouJd like to anS\.\fer that question. Q • 0 Q The Muskogee Area Offi~e ide, rude no C'l'itemerl at all about who shouJd be on the Quapaw COilllTI:J.tte(-;;. We hC=i,/P, L=,t J.r;.dicated who st.ould be or should not be Gn your Businf~:'::" CCHD:n.;.tt,~'2 r:or do 'We propose to do so. We have rio desire to get :into that a! ,~d r. ·:{O .....l C:d..'l. cL(::(~t who2ver you v/anL"

LouL; Ba.Hard: "'If :';t is ir. 0Tdcr, rher: 1 would like to 8(::e a Chief elected today. ~ w~ • I wOllld IYJ3."k;..:.: tl".af, rr:'()Ji::::-.r,o Q Q that include a Chief in the officers to be el('.~·:t(::;d /.o::l 'l ~(. n

Cha.irma.... ~ W.'.1."~t.~biIil:H I b(diF.:.v~~ tha.t motion is out of order for this reason. 0 •• PrJor tJ pT;,;:~~ic;.:Ltio.::'. of ~tH:: notIce of the meeting there was no mention that that sub]" .:t Vi .l'~ to bE broug!lt before the Council at this tirne. I do believe

-3. 30-da.y r..cL'.'::f: '.fvc',l~d be n'..:-r~c Jsary in order to vote upon a Chief. II

LouI::; Ballard: 11Th>; carne up t\VO years ago J at a.mceting (1960). Do you have 1.~& n·l"1!'.'lt~8 of t!:at m,.;.~.,ting?1I

Alfred Sk)"F~: "Tb.f~ d~::-cusG}on was tabled at that time."

Chairman Wni'ebud found tl,," minutes of July 3, 1960, and read that part pertair:ing to U:'~ Sl·~.I.':~ct:.(ja of il Cr:ef as follows .. , ¥. O.

9 • "Discussion foitow8d concerning the narning of the ChairITlan of • the Business C0111illltteE:: as Chief of the TrIbe. Edna. Wilson nlade a ITIotio!l tr~at tbJ. office of the Chalrrnan and the Chief be combined. Jake V'Ihitccrow rose to a point of order.". ~"rtthat this action would not cOlnply with t}-~e provu.::ions as set forth in the Constitution of the Tribe, should the Chairman be also designated as Chid of the

l Tribe". Mr. Ficking 7:T concurred in agrecrnent J and the point of order was sustain·:-::d, after which Edna Wilson withdrew her 111otion. A motion was made bj Edna Niday that, at the discretion of the ChairInaJl" a special nl(-'cting be cat1~d to further discuss the office of a Chef. Motion waii fJcconded by Lillie Mae Clark Wheeler.

Iv1otion carried. I,

Discussion followed conccrn~ng the narning of the Chairman of the Business Committee a" Chief of the T, ibe,

Chairman Whitebird:" Should the General Council wish to elect a Chief then

a 30-day noti.:-:e should be gJ\'(·.l1o The General Council "would ITleet for the

sale purpose of sclccLu--::.g a Ch1eL il

En1ma Tor.e(';: 1ll\1r. ChaIrma.n, ask Maude Supernaw~ year back, you know about her age, ~h" knows general idea of the Quapaw Tnbe. Her father was Chief and he appojr:tc-d Pf~tt-; Clabber to act as assistant" \li!e 11 , it COlnes • back to her and the gen~.ra! rU!E~ of the tribe back there was she got boys that inherit as Chief~ :~hcis got old~~ son, she's got two other sons, besides that, so 1 t.l'..ink t.~-l(;Y boll-: knovi! they are out bl~cause its not customary in our trJ.br~ to be clp.=-. t "d. She C"}!!. appoint one if she wanted to, but it fa1l3 back to her son BiLL n

Bill Conner: HI was alway; told in preE.:enC'e of Iny grandn10ther and great

aunt that Grandpa Pe:-tc Cldbb'-~r "wa.s the laf:t eL~ct(~d Cr.icf of the Quapaws. It

Chairman Whitebird: "Therf' were elections held b,:ck in those days. They met and elected their Chl"L Tall Chief was Chid above all of them, as I understand it. He werot to the. Ocage Country but he rf'turned every 4 YGars for the p.lectioY'_ 0:: appojntrnent, whichever waf: held. However, to simplify all of ,t, do you want a CUef? Do you want to go back to the p~r~.::ons old way of appointir:g a Chicf? I think j in lny opinion, that Vv'e

10 • _.

should listen to Mr~. Maude Supernaw, the daughter of Tall Chief. I have given considerable thought to the posHion:-:bf Chief and it seems that a Tribe should have a Crci:of regardi~;ss bf \vhom is appointed. They came up with this Business Committc:e and have carried on business ever since.

Still, we had no one to look to as Chief.. 0 •• To me it is a bit embarrassing to attend a lot of thece me,dings and bf; refo;;rred to as Chief of the Quapaw Tribe ..... I make no claims to being a Chief. In my opinion, it would be erroneous. I think we should hear from Mr. Skye because he also discussed the matter of Chief. 11

Alfred Skye: "A few years ago when we first started talking about substituting the word Chief for the Chairman of the Business Committee, I spoke out against it and I am against it today., •.. I am opposed to the election of a Chief. I believe that, in my own way of thinking and it is merely a personal opinion, to call the Chairman of the Business Committee, Chief, would be degrading to the word ar:d to the meaning of the word Chief to which all the people, in particular the older people, are familiar with. It has no reflection on the indiv~dual who might be Chairman. It has a tremendous meaning to be Chief. I have al.ways felt and have always heard, and I have found out, that the older people of the Quapaw Tribe look upon Grandma Supernaw as th:~ leader of our people and a few years ago I believe they were in favor of her appointing someone to represent her. I made a trip to Tulsa to talk with Gc:-'andma. I didn 1 t remember her because I left here when l wa.s a boy. I had my coUEin, Clarence Daylight, introduce me. Toget!l.er we acked her, and told her what I was there for. She said she would tn.ink about i: an4- let us know and that was the last I have ever thought about the subject and I felt it was now out of my hands, that it was entirely up to Gra:::-.dma. For the organization, if we had a Chief, the BusinescjCommitteF; wculd continue in their duties as it does today. 0 •• It would be the administrative body and handle things as it does now ••. The Chief would sit-in on all of the meetings. He would approve or disapprove aU of the actions. If the Chief wanted to he could have more people as Assistant CLiefs or however the organization was set up at that time. Having a Chief would meccdy revert back to the custom that these Quapaws had when thc:y first came here and a custom which we have since discontinued to follow, and the Business Committee., being Indians, in reverting back to the Indian feeling they would have respect for the wishes of the Chief and act according to his 'NLshes. The Business Committee would only perform the administrative duties according to his wishes. My thiq~ing was while the Quapaw Tribe has no great holding.Jto which anybody would

ll VJant to conni\l~~ and get a.'.;r.;,:.:.y wIth, th(~:::'e stIll rnight b:.:~ one of thc:se dayso.,. So that w~L,n~lou h,Plt- a:::. t'lecrion of Chicfs then you could get a faction ~n the Busincs3 COlTInlittc-le 0:3.t would be rnore degrading to tl~J; Tribe than if you had a. Chief a,ppolr:t(:d by r... ero'::c-hty or by custom o I th-ink as \,.,1(:; discussed this in 1960, about;-I Ch~(~f. Inak~ng it a part of thf':: BtJSIne,:;::; ComlTIiitee is not the right way to goo 0.0 or n;,avb(, I i.-:ho':..-dd say it .!.~ not the b'."3t way to go. I feel that what L:;\;",' older peorlc' tha~ V/C' have" 1 think tho ~-: of U.J who are younger 5hould tC'y' to r\~ver1- bac],- to followihg the custcnl as rnL!.r:h as 'NC possibly car.. You dO:l't C'v, r J·;.rl0 \;,," }j,y.,'.' much you mi:~s them until you donlt have theITl. We take things for gra.nU d tbat We L.a.-'lL tod<..i.y or tha.t \\'(- .had a fE;\V years ago. 1 remember :::omr~ of the. old p\~opt,::: from rny boyl~ood d,ly.:3 and hov,,' nIce it was then. I al"vays v.:anted thing3 to be like: that again. J think we Cdn go b':lck to that systcnl of orgaEi?:aticn ",I,,'.l1hIT':" th\~ Lrib(~ and still keep tLc whIte nlan's way of doing bU[:lf::CE,O by havElg a Bu::::;:nr:;;r;'--j Committee and .-::d~:lo a ChicL The Chicf would be: 0:"'(;1' a:::d abov:' in authority to ~hc Business ConllTIittec. He would be pretty rnuch the farrl-~ ,';1~" al\ C~,'ilnc1' of a bl.I<:i,'"lp.r::.~:J~ t~(~ Bu,:'iness COIllll1ittee would be the ofLc(- sl.1.fL J I,~~i.:..,k It 1.-: ;:("~rIO-"':~:> CllOUgh to th:,nk about and 1 think that those '",:h;::-. lllZ::y hav(~ l~~~il:l' nc(; or \v:r~o are r:lo~(; to Grandrna.l should explain what 60n1e of the pf-::or:L: \~'2nt> C'T jf they v,.:i~~'h on th,~ir own tu hnd out. for th{.~msE:lves then PCT~'lP~: in the futurL V,,'(~ can havi~ a Chief and ~,:till }~ave an election o[ the Bu~-!i:::':c:'':':"':' C")n-inl,_:.tce too. 1 thillk It 13 E;OlncthIng to think about."

Mrs" Ch~:,.-,t:!IIC'· Pt"J~UL 11 -,_ think W~ ::,ho~ld aLlk 1\.1rs" Supernawo She i~~ here thi~ ~f ~NC ~,rloJ.I"d in CIQ\1i'cL 0 •• Ask b,,;:r c:lect a ChipLll

Mrso ErDm'::-i Tohee ank-:.'d MrG. Supernavi about electing a Cr.ief apd Supl~rr:.2.w ti~aL ~:l:."l 1\.1rs. repLi':::-d had 't1l mind hvo personfl j E:!'vin V-.lilson and Sidney G:"-.'IfiEl; bec:a\l,--~~' ~JH~Y kr::~w of the dealings al!_-:l busi!"J.e~s of th,':': T:ribe. T)-~':;y kn.:)\,v th~ custOE1:: of l"'h~ Quapaw TrIbe and how they carryon certain ccr~:moIJJal":: and ·l)~":T'i{,_t·:;) r>lC'o

Alfred Sk'l\~~ 11'vVi1l \",'C 1:ak~ that afJ a formal th:ing or wiJ! there have to be an election? V{oul:l \"./<-::; h;.:..ve. to go throilgh a apeical ccrcnlJny? Is 1rvin the

Chic-:f a~ of now? 1)

~';;:~.id l\·1r:::i'. Emrna ToJ:z..>< ,jSl:'...:, to gf..;t it over \M'ith today. Q o. It IS up to the Tribe who th<-~y V./3.nL 2.'~ Chi.t.':o II

Chairman \Vhi[:~b'.rd: HI would Lkt:', to get approval t,-, U';2 the payme r.t roll as a roll to d:',L~::m:in2 ',vho "\>""11 b(_~ ef~glbl,s to votc. 1 would al:-,o like to ~tat,~ here in the ConGtituLcr~ J.t r<'qlll':-'-:~;') a pr:raoD th'J.t ...:;cr'/c.J on the Businf'c~s CommI~tt::C bE" 25 yCJ.T' of J.g,,:: "

'S(C:Co 2. No Pf;T'~:or~ Cjha!! b;:2 3. cand2da~'e for memb(~T,.'hip in the Ouapav.,: 'Tribal Busin·:-::;~; Cornrnlct(,;;; ul:lef}S he ~..:hail b·<=; a n1i:'lnber of the Oua.pav./ Trib:::; by l:..1(Jod a:::~d ,)E th'-J .:ipprQ·~'ed QU::;'P'lv/ rollr;, arId I:::hall be at lea:'it 25 YC.:l~~' of ag':;. ,: 12 •.

Louis Ballard made motion that the payment roll be used to identify those eligible to vote.

Motion seconded and carried.

Clarence Dayl.ight raisc::d the question of why the age 25 to be a Committee member, and made a motion to amend the Constitution.

Chairman Whitebird: 11 That will alf~o have to come through a 30-day notice to the members. 11

Louis Ballard: "If we are carrying on this meeting according to Parliamentary procedure, discussion on this is out of order until there is a second to the motion. Then we can discuss this after the second is made. 11

Section 14 of the Constituion was read as follows:

"This Resolution may be amended b'J a majority vote of the qualified voters of the Quapaw Tribe of Indians of Quapaw blood and on the approved Quapaw rolls voting at an election called for that purpose by the Chairman of the Tribal Business Committee. It shall be the duty of the Chairman of the Quapaw Tribal Business Committee to call such an elect:lon or referendum at the request of a majority of the Quapaw Tribal Business Committee, or upon presentation of a petition signed by at least thirty percent of the qualified voters, members of the Quapaw Tribe: provided that not less than thirty (30) days' notic:c of Guch mecl:ing and proposed amendment shall be given to the members of the Tribe directly by mail, if feasible, and by appropriate publicity throughout the communities in which the tribal memb<}rS reside. 11

Clarence Daylight: "I withdraw my motion. 11

(Since this motion was withdrawn, it has the effect of having never been made. ·However, it is induded in this reporL)

.A motion was made that Robert Whitebird be accepted as Chairman of the Business Committee by acclamation.

Motion Seconded.

Point was made the Chairman fJhould ask three times if there are other nominations for Chairmano

13 Louis Ballard: 11 I norninate.. Haze McKibben"~ • Checkers named for vcti"g were CI3.rence Daylight and Donnie LaFalier. (For continuity in the recordr:: l:rlformatioE concerning the election is brought together a"d the presentatlOn,' by Attorneys Roberts and Larkin follow instead of ctppearing :nLr::p"rc;"d throughout the records pertaining to the election. )

Mrs. Edna Clendenin and Mr3. Marie L. Wadley were named as counters in the election.

(Mrs. Wadley stated if there werE no objections from Council members, she would serve. No objections Wf~re raiscd~)

~ ~ Votes cast were.. 0

Robert Whitebird 58 Haze Me Kibben 21

(For the record llterc were 10 mutilated ballots: 9 for Whitebird 1 for IvleKibben)

• Robert Whitebird wac 'o'L,=ted Chairman of the Quapaw Business Committee.

Nominees for Vice-Chainn3.n:

Olin Gok',y 24 Clar ("nc ,~: Daylight 20 Jake Whjt-;cro\.v 19 Jeron1'::-~ Shav;,rncf" 10 James Clender::n 6

(Two mutilated ballots: 1 for Clendenin I for Gokey)

Olin Gokey was elected Vice- ChalTm an of the Quapaw' Busines s Commi ttee.

Nominees for Secretary-Tr-easurer:

Aifred Skye 51 JU3.mta I

14 • Fo!' the record there were two mutilated votes for • Alfr(~d Skye; Alfred Skye was elected Secretary-Treasurer of the Quapaw Business Committee.

Nominees for Committeemen:

Clarence Daylight 43 Haze McKIbben 40 Jake Whitec::-ow 38 George Ronllck 35 Victoria vVatters 14

Committeem en elected: (4)

Clarence Day ligh t Haze McKibben Jak" Whitecrow George, Romick

Nominees for Grievance Conlmittee:

Pearl Whitcc.:row 21 Fannie Richards 20 • Mary Red ccagl e (Wagoshe) 19 Thomas Sh'lpp 16 Bill Supernavl 16 Jean Ann Blue 12 Chri~,tine P(~ttit 10 /lnna McKibben o Clarence Daylight o

Grievance Committee Inem bers cleeted:

Pearl Whitecrow Fannie Richards Mary Redeagle (Wagoshe)

• Area Director Holmes: 11 I want to say a word or two and answer any questions you might ha.ve and if I can''t:: ansv:er ther:1 l wHl. get tl:2 c;_nswers for you. This is the £i:-s~ time 1 !1ava met with the Quapaw groc.?. I have worked with the Bureau of l::ldia::1 Affairs in me:~tix::.gs such as this all the vvay to the Pacific coast, I could have made; a suggestion to you a time or two but it is much bettE::r for you. to work out your problems yourself and decide what officers you war;t, etc. You as a tribe are nearer to the end as far as resources are conce:cned than most tribes. Whether or net you have any claims in the future remains to be seen,, •. :It seems doubtfuL \,Vhat you do as a tribe, as a group of people, as Quapaw India!ls ...• if you decide to have a Chief.,.,. is up to you.. I think if you want to preserve your Indian language and customs, that is up to you,,,, no other people can do that for you. You must presen'e those things; you !:1ave a long history of land and resources, bc.t you have just about come down to the end, You don't have any big renources to meet about. This does rwt preve:Jt you from carrying on the tradi:.io::1s :hat you have but I do think there should be some recognizable system so Wfc will know about leasing the la_:>.!d, You can do what you want and you co_;:;. orgar:ize a::1y way you want, I£ you have a Chie £. •• fine! and, if your Cl:jef ia go!ng to have authority to lease the land, then the Secretary of the Interior ~•hou ..~d be notified of the written procedure of leasing your land. As far as other thiYJ.gs a:~e concerned, you can do what you want. As far as mi.no.rs funds are concer~.ce.d,,,, n:y first experience with the Quapaw people h:1s been with the six or seven Quapav; peopl1~ wa':lting their money. Until tod&y I ~1adc-'. 1 t seen a Quapav: Ir:.di2.n that wao:1.1t mad. I sure haven't se~;n any cr.:.e of you sn::Je up to tl.1.io tirne, T~.e deci.cion was made before I came that adu~tCJ fuads wou.l.-1 be paid out c_r;.d minors funds would be held in trust in ti:~e Tr2c:.sury of tl'.,.e United Staten untii the r~!inors reach their m.aturity or fer t~'.e health and wet£arc :r>.eeds of H1(~ c1in.o rs, This rneans that minors funC.s can be draw:c out, Sorn c: people agree wi~h this arrangment and some d:l.sa_gre_ is wrong. I do:'l1 t know if that decision is dght or noL Maybe v;e shou.!d pay the mor~ey out to the aduLts. lt can be weH argued tr~at tJ:r.at is what we ahcu.id do. Th.at is the con1mon law that the aduLts should hav2 the rnh:.ors money. The Law has been that way in England" The decision stands todE.;.y, I will have to atide by it, Some people have become upset in thr~ past o.nd they nay get upGet in the fut~~·e. As a child's needs become appare'lto., "sud1 as medica!. and denta.l needs •. ,. then the pare~t can get t!1e money for this purpo3e. If th9 child needs some special schooling,as the case has been for sorne, vvhere they we:re not doing very good in school, ther., fundn c2.n be released for that purpose. Bu_t;, as I say it is not going out fast enough fo}~ some people. It io c:;{t:t:em ely difficult to sit do\vn and decide if 2.n iJCdividucd wili use t!:J.e money for his chEci's benefit or if it wiU go to waot::::,,,, vVe '""or:ry c:bout it all the timL:o We are sorry that we don1 t please ev2rybody in th~ situations of th:is kind, Son1e days we

16 haven't pleased anybody at all. If you don't like the way we do, 'Hand up and say what you want about th" Bureau of Indian Affairs and the Government.

Bear with us about the mino!"s funds. o •• 0 I have about three or four million • dollars th"t bdor.gc' to IndJa,,". A great deal of that belongs to mdividual Indianti. SOlne:, money goes in 3-nd some goes out every day. This is the reason we can put it in a ba.nk in either bonds or securiticl'::.•.. the law requin,;G that. Anybody can go O'...lt. and take a risk investlnent. It is extremely hard to make aEV morf; money than we can in our office. There is not anybody that can make a whole lot more money~ The maXimU111 amount of int.~rest :dlowf,d 10 4%, We have some 2 1/2 percent bonds and when they maturCc they will be reinvested at 4%. That 13 the way the interest comes in. The ~_nterp-~t rate varies fron1 2 1/2 % to 4%. We are doing th8 best we san.

It is the duty of the Area Director, with advice of his staff, to use his discretion as to \vl1'~ti:cr or not they are paid out if It i,:; in the welfare of the mino", The fund" are In the deposit of t~le Muskogee Arc,a Office and are bClllg di3b'"r3"~d d.:iily 0'1 the application of the adults and they are disbursed or~ O'-lr d"-c ~Hon a', to the best interest of the childe We IndY 11lake some llli::.itake,3. O;:c thing for ~urc •... you are not going to lose ito .. it

is going to b(: paid out some day_ The Inoney is dr3.w.ing intere3L II

Question aro~e as to v;;r.o has authority to say whether the minors funds • should or E:hould not be rel~~a:jf.;d.

Alfred Skye read Section 3, of P. r,.. 86-97, dated July 17, 1959:

"Sec. 3 (a) Except as provided in subsection (b) of this section, the Sec:::-etary "haU di,;tr:tulC a share payablc to a living enrollee d,rectly to such 'enrollee, and the Secretary shall distribute a share payablE: ',a a dccea'ied enroil.ee directly to his next of kin or l<:"ga_tet.~s a':: d(~terrn)Et:d by the laws of the pJ.ac c of dOlnici!<:, of the decedent. upon proof of death aEd mh.,ritance satisfactory to th~ Secretary, whosf' fIndings upon such proof shall be final and conclusivr:::-.

(b) A sharp payable to a person under twenty-one yearc. of age or to a pereor' under legal disability shall be paid ln accordance w:if~h thr- laws applicable to such person in the pla.ce of his domIcile" or in th(~ d.!.dcretion of thf' Sp..cr:;:;tary to the natural

parf~nt or guardIan of E:uch person. 11

17 • Loyd Rob0!"tS: IITha:lk 'leu !-Aro Wbjtebird. First of all, Ladies and • GentJenlC:1, I ',vould like yO,l to know that I carrIe down LE:r(~ by invitation of ycur bu;;iness con:.rr..i~tec and I dO!'.'t have any position to take O!l this matte!" before you cr:l:~ way or l'h~~ ot~)C)_·. 1 arn here at your Business Cornmitlu,;ls rcqllest to answer any question.:; you rnigl1~ have that I can ans',:vcr and to give you son'"!e information that you ~lay not have, which I do h3.ve, about the reopc:r...ing of your clainl.

First, let me say that I 3criousiy doubt whether there is any reasonabLe prospect of your clailTI being reopl::Eed. First, this Tnattcr Litigated in the Indian ClailYlS COTIlrnission, logether with the claims that you were paid on, and It v!~nt to the Uni~,::,:d States Court of Claims by appeal of your attorney. It '\vaG briefed ar;d presented to the United States Court of CLaImD and they tur?1r~d the cIa. inl down. They found that the Ouapaw occupancy of th,:;) Land that lh~y cLairned~ ill ',;v'hat we caLLed our Connt I, waG not proven~

Now I would like to tell yn~ s,:-)met~ing about your Count l.A In the first place I saw 1vlrQ BaLla.rd's Letter vlhich I have no quarreL with particuLarly;

except I wani, you. te. k:::.ow that the 46 111i1iior:.. dollar:; '\vh:ch he spe3.ks about in his Lette1" CO,",'ers all. of 'the area that was ceded in the Treaty of 1818. That area, Lad~.{--:~3 a.nd G'~nt1emen~ not onLy covers land in Arkansas) abou~ J/4 of the sta',;-::: o{ Arka:'!'3as south of the Arkar.Lf:ias River. It covers • ali the State of OkL--J.hc'rn.::'., '::'i(.J~~th of the Canadian River and it covers a large area. of gT'oi1.Yld acrou:: t~'.f: r..o['~h par~t of LOll,isia.na, Now ther~ is no ar-:::hccLagiczlJ c,/idcDr(; c-f 3:11 Ouapavo/ occupancy of any p3.r-t of Okiahorn a with :he ?(13~,ibL(.,~xc::pttonof.::. sITlall arr;:] EC3..1" SpirC'o And I n1

It was proviCn by the t2'Jtimony of an archeologist

Now to get down to the actual technical business of opening your claiITl. I would be the first to say you should take every means to open it that you possibly can if you can reopen it and if you think you can ,-vin anything. Sorne • of rny Quapaw friends about nine or ten months ago told me that they had heard thai there was a p8ssibility of reopening this claill1 and they asked rne to inv'::.stigat~ it and I did so.

I wrote to Mr. John Cragun, a lawyer of Washington, D. C., whom I regard as one of the best qualified Indian lawyers or experts on Indian law In the Uni~.-;d States. HIS" firrn has recovered some of the large.st judgments in the Indian Clairn.<,;CoIllmissibn and in the Court of Claims for Indian tribes of any lawyers J know. At Mr. Cragun's request I sent him the copies of the briefs that were filed in the Indian Claims Commission .and before the Court of Claims. He wrote back to 1""l1e ••• and your Business COlnmittee has a copy of that letter which I furni shed them only recently•... in which he said that he doubted very seriously whether there were any prospects at all of op,clling the Quapaw claim. He pointed out that to do so an Act of Congres~J would have ta be pa~sed. It is not a matter, ladies and gentle men, of going back bi.:fore the. Indian Clailns COlTImission or the Court of Claims dnd aeking to have the matter reopened. That would be very simple but the ClaiiD having heen passed upon once under the principals of law that governs ~:rials of cases ill this country, itcannot be tried again. The trial and deci3ion the first tin~e acts or prevents the case. fronl being tried the second tinlCo It i!J subject to the principal that we know as the race adjudlcatus. 1t is paGsed on once and you can't try It again. And the • only v./.rj y~)u can try it again is to get an Act of Congress directing the Iridian Cl;-iirn:; Cun1ITlisslon or the Cef'Urt of Claims to rehear this particular case".

I don't kr:ow w-hether a!lY of you know what is invoLved in getting an Act of Congress pa::.;s{~d to try an Indian clahn; but is is a Long, expensive and extremely difficult proposition and no Act of Congress has been passed since the India,n Claims Corrnnisslon was established authorizing the reopening of any I::-1dia.n clairrl that has been turned down by the Indian Claiins Cornrnission. I have Ivlr, Cr::lglJ::,ls tetter as authority for that statement.

Now I would be the Ii",t to say that if yOll have an attorney who wants to file a claim for yeu and he thinks he has a chance to win it, let hinl try it; but to be D~re that he is in good faith and he is not trying, or that sorneone else isn't tryi!:g to g,:=;t fi'orn~~thing f::-om you. Let him handle it as we handLed your claim, •.. pay all th,e expenses. We paid $14,000 out of Our pocket with no hop(: of r~~imbursemcnt if we didn't win \vhen ,"ve tried your clairrl.

19 • Quapaw's didn't have any money and they didn't advance any money, wJ Paid it all. If you've got somebody that wants to take your case and is willing to pay the expenses, thats a good way to test his good faith.

Now Ladies and Gentlemen, thats all I have to say. I've got no position in this matter. I'm not interested in your claim. I came down here to answer questions and if you have any that I can answer I will be happy to do so."

Jerome Shawnee: "How did the Pawnees reopen their claim? 11

Loyd Roberts: "I'm not familiar with the Pawnee case. I only have Mr. Cragun's statement that no Act of Congress has ever been pas sed opening a case that has already been decided. 11

Jerome Shawnee: "They reopened their claim and won."

Loyd Roberts: "Well, I'm not familiar with the Pawnee case, but ifs not similiar to the Quapaw case because no Act of Congress was passed permitting it to be reopened. I don't know what situation it was in when you say it was reopened. Whether it actually had been pas sed on on the merits which your case was. It was passed on on the merits. 1111

Jerome Shawnee: "It was passed on and reopened. 11

Loyd Roberts: "Do you know where it was passed on?""

Jerome Shawnee:

Loyd Roberts: "Well, that makes a whole lot of differe.nce. There are undoubtedly distinguishing characteristics. 11

Note: Pawnee case was reopened because o:f tack of prosecution in first pres entation.

Louis Ballard: "You say that you had knowledge that the Quapaws occupied land outside of what they were paid for. How long have you had that knowledge? 11

Loyd Roberts: "That knowledge was offered in the trial ofthe case. 11

Louis Ballard: "Then why was no further business communicated to the people. "

Loyd Roberts: "To what people?"

20 • Louis Ballard: "The Quapaw people••.•• the possibility of reopening."

Loyd Roberts: "Mr. Ballard, we offered all the testimony on archeological evidence and the Governeme"t did also to prove that the Quapaws occupied

not only the area that you were paid for, we proved l in Iny opinion or tak'~i.:n we would never have an appeal J we proved that you occupied land up

the Arkansas Valley almoTt to Ft. Sn1ith. II

Louis Ballard: "Now, may I ask this question so that the people can hear it. How D1any of you have received letters from this gentlemen to that

effect. II

Loyd Roberts: "Well, Mr. Ballard, I think you've got one thing a little confused, I donit relnernber which of you folks were there; but Mr. White bird I know wac there when Mr. Thompson and I met with many of you folks at Alex Beaver's place and gave you a full and complete report, I know on at least one occa8ion~ about what happened in the Quapaw case

'\",:hen it was terminated. Isn't that right Mr~ Whitebird. ? It

Robert Whitebird: "That's right, "

Loyd Roberts: "You were given a full and complete report after it happened. We also met with your Business Committee and they approved the allowance for expenses which we had mcurred in the litigation. Without that approval

• ~or II we could not have been reimbur'3ed our expenseSe

Alfred Skye: "Mr. Roberts, may I emphasize that the reason why we were de-nied that particular claim waEnit because we couldn't prove that we occupied that l'md but 'eve didn't occupy exclusively."

Loyd Roberts: "That's right, I didn't go into that; but we didn't. We were not able to prove and I don't te.ink anybody else will be able to prove•.••. Mr. Skye, by the way, has rec',ntly read the briefs that were filed and the testinl0ny, that the (lu3.paws wP-re the exclusive occupants of this land .. And that is a requirerncnt before you can establish an original Indian occupancy or origInal Indian title. You can not be compensated for any thing less. You've got to prove that you were the sole and exclusive occupants of the land, as the courts say, from tiITle irnmemorial, and we were not able to establish that. I have a map here that was in evidence in the trial of this case. It was before the Indian ClaiITIs Comnlission and also before the Court of Claimo. which we proved to my satisfaction but the Court didn't believe us that the ('uapaws occupied about 5 million acres that

21 • you were not paid for. Mr. Thompson arcd I have always believed that the Quapaws were entitled to be paid for that. The Court didn't believe us. We thought we were entitled to win or we would not have appealed it, As 1 I ve said I have no intereot iYl what you do about your case one way or the other; but if you do give it to someone to handle then I suggest that it be handled as we handled it. Lc3t the expenses be borne by the attorney. n

Attorney Lloyd Larkin: 11 I was fortunate enough to get here in time to hear Mr. Loyd Roberts. Louis (Ballard) has asked me here to talk to you about the possibility of reopening the $46, 000, 000 claim which would include part of Louisiana, Arkansas ar:.d Oklahoma, Several months ago Louis contacted Dr. McGimsey, Professor at the Univen:dty of Arkansas at Fayetteville and after discus sing with him privately Louis formed the opinion that Dr. McGimsey has evidence to assist us concerning the aboriginal title, which means that these people held this land from time immemoriaL .• Dr. McGimsey has indicated that recent newly discovered anthrological evidence in his opinion will prove the Quapaws occupied the land at fixed dates and fixed times of a small. part of the area covered by this claim. With this in mind, Dr. McGimsey offered to g:ive us a report of what he could find and his charge i,s $200. 00, l didn1 t come down here looking for a case. I got into this case indirectly. Louis asked me to heip bm and it went on from there, I have been a:o1sociated with a number of prominent attorneys handling Indian claims in th"' Nation~ Mr. Paul NiebeH, Attorney for the Creeks and Dennis Bushyhead, in the Cherokee Case. They have just finished winning the Cherokee ClairJ and the Creek Fort Jackson case. At Louisg request, I asked Mr, NiebeH if he thought this claim could be re opened.

Mr. Roberts told you the trut!:::., o o It has been appealed and it has been turned down, o, •• There is one thing, however, that pertains to the way things are handled in court., o. Sometimes we are pe:c·mitted to reopen claims. Unfortunately, the Court of Claims _a'Jet:mut have a fixed rule to reopen. However, after it has been tried it ha:s to be reopened by a ,.._special Act of Congress, ••• that is true, but it is not imposEJibieo There is no record of it ever having been done. The Pawnee claim was reopened •.•. the facts in that case are .. o. the attorney died and nothing h::1ppc::ned and Mr. Wheeler of Tulsa was hired to probate the estate. They went to Gong res s and agreed that the order had been allowed to die. It had not been tried through an appeaL The difference here is if there is sufficient evidence to positively demonstrate to the Congress of the Unit"O::d Stateu, in Committee, and in open session, that the Qu3.paw people did occupy a large part of this land to the exclusion of all other pt'opie, Tlnt doeEJrcgt r:1ean they went out and established a hunting camp in Oklahoma or St, Louie, Only the land that they

22 used in their immediate area. The question 1S to identify that land and pin it down by 3cientific evidence. They agreed that you offered no acceptable • proof of occupancy. That is not a black thing. Now, you can prove that there is some cvidence a"d quite a bit. Mr. McGimsey said he believes that he could furnish you with proof of occupancy with a limited area and maybe enlarge it. 1 believe he can do a little bit more. He offered to do that for you for $200. I know about til, 3 letter that Louis sent out. 1 appreciate it but 1 didn't come here to try to get this case. 1 think that you should get this evidence and get an attorney in Oklahoma or Washington to prosecute this case if you can find evidence to prove occupancy and 1 think that he will furnish you with sufficient proof of occupancy. It is my opinion that you could never reopen the case for the full $46, 000, 000 but 1 do believe that you may have a chance, depending upon good sound scientific evidence. I want you to understand this.... if you ever recover any money for this land. this case wilt have to be tried tVv'O times. If Congress will permit you, you will have

to prove to Congress that you have [l valid case.... then, they will n1akc an order dirl'cting the Court of Claims to permit you to reopen the claim on the grourid of newly discovered evidence.

1 have just talked to Mr. Roberts outside and 1 asked if he would be willing to give up his rights to the daim. Of course he laughed and said he wasn't ready to do that yet. "

• Alfred Skye: "1 talked with Mr. McGimsey. He extended his regrets that he couldn't be here today. But before we expended $200 for the survey report I wanted to personally talk t;'; the man to determine if he was a trustworthy person. 1 feel that he is a very fine [nan and 1 think very reliable that in the event we did any business with him that he would keep his word in every way.

1 found that our Constitution does not allow us the authority to handle any phase of the formal claims and going on that basis 1 felt it was best to bring thp issue befo:,c the General Council to give us authority necessary to negotiate with the anthropo1.ogist and the attorney on the new clairn. I think that the new evidence that we will have available may be worth $200 but it still is my thinking that if we are going to give the case to an attorney then the attorney must be convinced that he has a case.... but as Mr. Larkin said, he is not interested in the case so it boils down to this ... we have no attorney to talk to now that is actually soliciting our business, so, it falls down on us in determining whether or not we have a legitimate claim. According to my understanding one reason why we lost in the first place was th3.t we could not prove the Quapaws had sole occupancy and what we need nO'w in order to reopen our cLaim is to prove whether we can establish that we occupied that land. It is my opinion that • 23 this will be public information. But, that is entirely up to you if you want to pay the $200 now and have the brief prepared. I will abide with whatever you consider in the matter of paying $200. While I am opposed to paying out the $200, if the majority want to pay it out then I will have to pay it out. I might add that I will have to be convinced that it is the right way to go. As I once told you here in a meeting that I would guard this money and handle it to the best of my ability. If I can be convinced that this money, that we can be justified in expending this $200. I will go along with it. But, if I cannot be convinced it is alright I will not pay out anything that I believe wilL not be in my best judgment. Where as if I see we have a very small chanc'e of reopening this claim .•.•. I will leave it up to you. It will all be a matter of history and then it will be public information. People who are interested in that particular finding can wait. I am not proposing to pay out that $200 for that survey but if you want to take up a donation for that purpose, well, fine! We already have a small amount in cash and in pledges. I don't see paying out $200 for that because I don1 t think everybody is for it. Everybody will share in the benefit. It is something to be left up to you. I am merely stating my opinion. "

Jerome Shawnee: "Have you taken into consideration how long the Court of Clalms will be set up?

Answer: "It has been I'JXtended on one or two different occasions. I think there is a statute of limitations. r.r ~

Question: "If you are opposed to paying out this $200, you stated you would not pay out funds which you did not believe would be for the best interest ... of the tribe. 11

Alfred Skye: "If it is the decision of the tribe to pay it out then I would be convinced. "

Chairman Whitebird: " Have we taken into consideration that the $200 may not be all the Tribe will have to pay? 11

It was stated that the case could be taken on a percentage basis.

Louis Ballard: "I make the motion that we vote on whether or not the Tribe wants to spend this $200. 11

Motion seconded and carried.

24 •

lvlrs. Emma Tohee: II I have talked to Mrs. Supcrnaw and she still wants to be recognized as the Chief until she f:'xpircs froITl this (~arth. Ervin Wilson is her first choice and Sidney Griffin is her second c:hoice to

succeed her. II

A vote was taken on the question whether to spend $200 for this survey report of Dr. Ginosey and the vote reflected 36 for and 5 opposed.

Chairnoan Whitebird: "We had hoped to consider the noatter of establiGhing

a Quapaw membership roll but this can be continued until a later date. II

Meeting adjourned at 6: 15 p. no.

Robert Whitebi rd Chairman, Quapaw Business COITIlnittce • A tte st:

• ,

S~lth, Lof~ Becker 222 So. Walnut, Commerce, Oklahoma

Spencer, Emma Lee Imbeau Box 523, BlIxter Springs, K;nsas

iB~ St.md 0 Alex E. 1622 N.E., Miami, Okilihoma

• Stasel1, ~ry Ellen Watson Route 2, Baxter Springs, Kansas

Supern&w, Lawrence A. ,Jr. 117 West Fourth, Skiatook, Oklahoma

Sl.lpernllV, ~,-,de 117 ,lest FOilTth, Skiatook, Ok1ahonm

Sullivan, Ray Lo Route 2, Box 253, ColumbUS, K;nsas

Svee ly, Elnora Route I, Box 451, Sperry, Oklahoma

Tohee, Emma 902 No. ~oria, Tulsa, Oklahoma Vlllliere, Wesley 312 South Highland, Chanute, Kansas

Walker, ~ry 117 West Fourth, Skiatook, Oklahoma

Warner, Clover Fanning 1518 SOl.lth Ml;I I ill, Tulsa, OklahOlllll

Watson, R. Lo Route 2, Baxter Spriags, Kansas Webber, SliZanne 818 Jefferson, Miami, OklahOMa

WM tecTO\I, PeOir 1 Route 2, Baxter Springs, Kansas • Wi 1IIon, .ITIIln Route J, Miami, Okll1homa Wolfe, Christine Shapp " 612 East 615t.St.No.;rllllsa, OklaholllOl

Wood, Louise Imbeau Box 124, Baxter S~lng~, Kansas

• Genera 1 Counc i 1 July 2ls 1962 NAME ADDRESS Abbott, Margie Elnora 9 Baxter Kan'sas Route 1 Box 263 9 Sp:rings 1 Atkinson, Betty Jean Crane Rom~ wn1:n.ll~ 49 Missouri Ba ldwfn, Betty Imbeau General De!ivery9 Quapav 9 Oklahoma Ballard, Louis W., A~o 2144 S., Urbana 9 Tulsa 14 9 Oklahoma Bandy 9 Eva Lou 400 North Sixth9 Independence 9 Kansas Bartlett 1 Sharon Marlene Reavis Box 474 9 Baxter Springs.~> Kansas Bates, Josephine Watson Route 2 9 Box 128 9 Baxter Sp:dngs.ll Kansas~ Blue, Jean Ann Miam~>' 1000 Unrc;oln B1vd., 9 Oklahoma Boyd, Samuel Earl P.,O, Box 387>' Commeree 9 Oklahoma Bradley, Susanna McKibben Route 19 Box 722 9 Claremore 9 Oklahoma Bradshaw, Alice 1620 South Quhticy9 Tu1saj) Oklahoma Bratton, Edmond Clarence 4641 NooHa:rtfo:rd 9 Tulsa 9 Oklahoma Bratton, William E., Route 89 Box 370,1) Tulsa 9 Oklahoma Briggs, Miry Route 2 9 Okhha 9 Otdamma Bristow, Effie Elizabeth Crane Box 384 9 ~rl Ju~~t~on 9 Missouri Brock, Nora Box 524,1) Baxter Sp:ri~gs 9 Kan~as Button, ~rlene Leading Fox We~t Sp:ri~gs 225 Eighth9 Baxter 9 Kansas Button, Ch~rita Ro 225 West Eighth9 Baxter Springs 9 Kansas CQrrigan~ Shirley Buffalo 1825' DAD N,Wo 2 Miami.? Oklahoma

Cousatte, James Samuel 1435 Soc ~di~uli~.l> Wichita~ Kansas Cousatte, Samuel Joseph 1435 Soo ~~u11~ 9 Wi~hit;.l> Ka~sas Crane, Carol

Cnne, Charles ', 1113 UHn. NoW;, 9 Miami.~> Okl:ahoma Springs~ Dlrdenne, Carolyn Sue Route 19 Baxter Kansas

Dardenne~ James Lo Route 1~ B*xter Spri~gs~ Kansas

Tulsa~ l)Qrdenne 9 Theodore 9 W. 33 East 45th Sto Noo 9 Oklahoma

424~ ~~w~ Okl~hom& Dardenne 9 Wi llham Box

Daylight~ Clayton c. 4511 No. Johnstownj Tulsa, Oklahoma

Dudgeon~ Sylvia Cleo 1835 Garfield~ Baxter SpriAgs, Kansas

~xter Garber, Lelia Mile Crane Route 19 Springs9 Kansas

~st Garner, Pearlie Shafer 243 22ndo 9 Baxter Springs, Kansas

Gilmo:re 9 Alice 116 IJD N.,EOJ) Mimni.9 Oklahoma