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National Congress of American Indians WASHINGTON BULLETIN FEBRUARY, 1949 McCARRAN BILL FORCES Osages Lose Claims Case SALE OF INDIAN LANDS The Indian Claims Commission has handed down its Senator McCarren of Nevada has again introduced his fourth decision—and the fourth decision against the Indians. perennial bill (S. 17 in the present Congress) to force the Two members of the Commission signed the decision dis- Pyramid Lake Paiute Indians to sell their lands ‘at a fraction missing the claim of the Osage Indians to repayment for ot their present value. The Indians consider the bill part money obtained by the United States governemnt from the of a scheme to rob them of land which the Courts have de- sale of Osage lands, and used for the education of Indians clared belongs to them and which they desperately need to other than Osages. Chairman Witt disagreed with the help eke out a decent living. They believe the passage of majority of the Commission in all important phases of the the bill would be travestly upon American standards of case and filed a strongly worded dissenting opinion. political decency. The case concerned the Osage Civilization Fund. This In 1859 the Pyramid Lake Reservation was set aside Fund, in the amount of $776,931.58, was collected by the for the Paiutes. Shortly thereafter several families of white government from the sale of Osage lands under a treaty settlers moved onto Indian land despite protests of civil and which provided that the fund should “be used, under the military authorities. It was not until 1916 that suits were direction of the Secretary of the Interior, for the education brought by the United States Government to eject these and civilization of Indian tribes residing within the limits white squatters. The Court decided in favor of the Indians of the United States.” Of this sum, only $189.55 was spent but in 1917 a bill was introduced to permit the white tres- for the education of the Osage Indians. passers to obtain title to the land. However, certain of the The case is almost a text-book of how the Commission trespassers refused to either move off the land or to legalize intends to interpret the Indian Claims Act, and how it in- (Continued on Page 2) tends to treat the facts presented to it. The following im- portant decisions are contained in it: 1. The Commission will consider a matter which has been considered by the Court of Claims if the Court of PALM SPRINGS INDIAN LANDS ALLOTTED Claims disposed of the case on jurisdictional grounds and not on the merits of the case. (In the Cherokee cases, pre- The valuable Palm Springs, California, lands belonging viously decided, the Commission held that if the Court of to the Agua Caliente Band of Indians is at last being par- Claims considered the merits of the case, the Commission celed out in individual allotments after long litigation. It would not consider it.) is estimated that the land is worth some $8,625,000 owing 2. Relief which may be granted under the Indian Claims to the establishment of the City of Palm Springs, a plush Commission Act is limited to that which can be settled by a resort center, on the Indian site. Seventy-one Indians plus judgment. the heirs of four dead Indians will share in the allotment. 3. The duty to protect Indian property owned by the An act of Congress January 12, 1891, amended March 2, government and the Indians is not that of an ordinary guar- 1917, provided for allotment. The Indians vigorously op- dian. The government has this sort of ditty only where there posed allotment in 1920 when it was then undertaken. Again as in actual trust imposed, such as in handling trust funds. in 1927 an allotment schedule was submitted for Indian The government is not obliged to protect the property of consent but was never approved. In 1936 a suit was brought the Indians from the wrong doing of others. (Chairman to compel issuance of patents to individuals of the Agua Witt said that the government owes a “very high degree Caliente Band which the government, then opposing issuance of fiduciary duty” to the Indians.) of patents, won. In 1941 another case (Arenas vs. U. S.) 4. The first ground of récovery, based upon the Fifth was instituted, and was carried to the Supreme Court of Amendment to the Constitution of the United States con- the United States which sent the case back to the District cerns only a clear taking of land by the government. If the Court for retrial. The Circuit Court of Appeals for the 9th land was ceded under treaty, the Commission says this Circuit, upon appeal, held that Lee Arenas was entitled to ground does. not apply even if there was fraud and duress a trust patent. Persuant to this ruling the Secretary of the in obtaining the treaty. Interior is now issuing patents. 5. Under the second ground of recovery, based upon the Each of the allotments made so far include a 2 acre type of claim that could be made against the government if town site lot, 5 acres of irrigated land and 50 acres of dry it were a private individual, the Commission held that you land, totaling 47 acre plots worth an estimated $85,000. cannot treat a treaty as if it were an ordinary contract. All of the 2-acre lots are in the main business district of Under this provision, you cannot test the good faith of the eae Springs and many of the 5-acre plots are inside the city (Continued on Page 2) imits. BRUCE APPOINTED N.C.A.I. N.C.A.l. SOUTHWEST CONFERENCE LEGISLATIVE DIRECTOR On April 5, 6, and 7th, a Southwest Indian Conference Louis R. Bruce, Jr., has been appointed by the Executive is being held in Phoenix, Arizona by the National Congress Council as Legislative Director for the National Congress of American Indians, Southwest region, and sponsored by the of American Indians. Under this appointment Mr. Bruce Friends Service Committee and the Fellowship of Recon- will assume responsibility for all correspondence of NCAI ciliation. Indians from Arizona, New Mexico, Utah, and with members and with Indian Tribes relative to legislation; Colorado will be in attendance. Robert L. Bennett, Regional and will also be directly responsible for NCAI contacts with Secretary of NCAI, has been active in setting up the Con- Congress. ference and in making it a possibility. Mr. Bruce is an Indian of Mohawk and Sioux stock. He The Governor of Arizona is scheduled to give the address is a graduate of the University of Syracuse. He is currently of welcome. Will Roger, Jr., will give the address at the employed by the Dairy Cooperative Association with offices banquet which will close the conference sessions. The Con- in New York City. He has had wide experience in Public ference will be mainly given over to discussion of such Indian Relations, and in work with rural organizations such as 4-H problems as health, education, law and order, employment, Clubs, Farm Bureau Soil Conservation, Rural Policy Com- economics, and Indian veterans’ needs. Tribes participating mittee, Grange, and many other civil activities. He has a in the panel discussions are: deep interest in Indian work, and is taking on these res- Arizona: San Carlos Apache, Whiteriver Apache, Hopi, ponsibilities for N.C.A.I. and the program for Indians which Hualapai, Mohave, Navajo, Papago, Pima, Yavapai, Yuma. our organization is sponsoring. Colorado: Ute Mountain and Southern Ute. Letters relative to legislative problems should still be New Mexico: Jicarilla Apache, Mescalero Apache, Navajo sent to the Legislative Committee Member nearest you or to and Pueblo. the address of your Washington Office (1426 35th St., N. W., Utah: Uintah, Whiteriver and Uncompahgre Bands of Washington 7, D. C.) and your secretary will see that these Ute Indians. are brought to Mr. Bruce’s attention. OSAGES LOSE CLAIMS CASE (Continued from Page 1) PUBLISHED BY government in making the treaty or the adequacy of the NATIONAL CONGRESS OF AMERICAN INDIANS consideration. 6. Under the third ground of recovery allowing the Com- Mrs. Ruth M. Bronson, Editor and Secretary mission to “go behind” the words of a treaty and give relief on claims resulting from revision of the treaty on grounds 1426 35th Street, N. W., Washington 7, D. C. of fraud, duress, mistake, ete., the Commission held that it Mailed without charge to Indians contributing three can grant such relief only by apply ing equitable principles, dollars or more to the work of the NCAI, and to any and that if the case does not fall within the rules laid down Non-Indian contributing five dollars or more. by courts of equity, it cannot grant relief. Following this rule, they held that they could not grant relief where the consideration given for the land was inadequate if it was not “unconscionable.” 7. Under the fourth ground of recovery, based upon a INDIAN OFFICE ASKS INDIAN ADVICE! taking of land by the government, the Commission held that it is operative only where there has been no payment for On January 31st Acting Commissioner Zimmerman sent lands on compensation agreed to by the claimant......... .... .... a circular to all Indian Tribal Councils asking ther opinion 8. Under the fifth ground of recovery, based upon “fair on. whether any Indian employed by the Office of Indian and honorable dealings’ the Commission held that this Affairs should be allowed to serve as a representative of a ground can be applied only if none of the other four grounds tribe.

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