There has been universal accord with the proposition that the Indians of California are in fact entitled to compensation for their huge and cruel losses. It is now apparent that such compensation, and any settlement of practical or moral effect, will not be attained through the method of a suit in the Court of Claims. The present bill would have the effect of suspending the suit in the Court of Claims and of establishing machinery for negotiating a settlement based upon politically attainable hopes and the actual economic needs of the Indians. The agreements which might be arrived at between the Commission and the Indians would be submitted to Congress for acceptance, rejection, or modification. I suggest two minor amendments. The bill as introduced provides that all three members of the Commission shall be citizens of the State of California. I recognize the primary interest of California in seeing that justice is done to its Indian citizens, but because the Nation as a whole also has an interest, I suggest that one member of the Commission be appointed from some other State. To accomplish this result, the bill should be amended on page 1, line 5, by striking out the word "all", and substituting therefor the word "two"; and in line 6 by striking out the word "member" and substituting the words "of these two." Section 6 of the bill as introduced provides for compensation in the sum of $15 per day to each member of the Commission when performing official duty. If the members of this Commission were to give their full time to its work they should probably be paid at the rate of $10,000 per year. I suggest, therefore, that their compensation be fixed at the proportionate rate of $30 per day and that instead of actual expenses of subsistence they be paid a per diem in accordance with the Standardized Government Travel Regulations. Section 6, after amendment, would then read as follows: "Each member of the said Commission shall be paid the sum of $30 per day when necessarily engaged in performing the duties of the said Commission, and shall be entitled to reimbursement for necessary expenses of travel and to a per diem allowance in lieu of subsistence, to be fixed by the Secretary of the Interior, in accordance with the provisions of law applicable to Government employees. Payment of the salaries and expenses of the members shall be made by the Secretary of the Interior upon the presentation and after audit of proper vouchers.' Since it is understood that the Committee desires to consider H. R. 3622 at a meeting to be held this week, it has not been possible to submit this report to the Bureau of the Budget, and, therefore, I have not been advised by that Bureau concerning the relationship of this proposed legislation to the program of the President. Sincerely yours, HAROLD L. ICKES, Mr. MURDOCK. Under date of December 6, 1943, the Honorable. Lindsay C. Warren, Comptroller General of the United States, wrote the chairman of this committee as follows: Hon. JAMES F. O'CONNOR, Chairman, Committee on Indian Affairs, House of Representatives. MY DEAR MR. CHAIRMAN: There has been brought to my attention H. R. 3622, Seventy-eighth Congress, entitled "A bill to appoint a commission to settle the claims of the Indians of California," pending before your committee. For the use of your Committee in considering H. R. 3622, there is transmitted herewith, in triplicate, copy of report dated December 1, 1943, to the Honorable Elmer Thomas, chairman, Committee on Indian Affairs, United States Senate, on S. 1529, Seventy-eighth Congress, the provisions of which are identical to those of said H. R. 3622. Sincerely yours, (Enclosure) LINDSAY C. WARREN, Comptroller General of the United States. The report is as follows: Hon. ELMER THOMAS, COMPTROLLER GENERAL OF THE UNITED STATES Chairman, Committee on Indian Affairs, United States Senate. MY DEAR MR. CHAIRMAN: Further reference is made to your letter of November 16, 1943, acknowledged November 17, requesting a report on bill S. 1529, Seventy-eighth Congress, entitled "A bill to appoint a commission to settle the claims of the Indians of California." Briefly, the bill would provide that the President shall appoint a commission to negotiate an agreement with the Indians of California, including these who did not sign treaties with the United States, for settlement of any and all claims which the said Indians may have against the United States, including those claims authorized by the act of May 18, 1928 (46 Stat. 259), to be presented to the Court of Claims; that, pending such negotiations, there shall be a stay of all pertinent proceedings in the Court of Claims and the Supreme Court, such litigation to be resumed if the negotiations fail; that the said Indians shall be represented in such negotiations by duly elected delegates; that any agreement reached shall be ratified by the Indians by a referendum majority vote and that such agreement shall not be valid unless approved by the Congress; that the attorney general of California shall be authorized to represent the said Indians before the said Commission; and that any group of Indians may employ private counsel. There are provisions, also, relative to the commission's report to the Congress and compensation of the members of the commission, and an authorization of an appropriation of $25,000 for expenses. A companion bill, H. R. 3622, Seventy-eighth Congress, was introduced in the House of Representatives November 5, 1943. The facts with respect to the claims of these Indians are set forth in considerable detail in the hearings held August 12 and 13, 1937, before the Committee on Indian Affairs, House of Representatives, on S. 1651, Seventy-fifth Congress. See, also, hearings held June 17 and 18, 1941, before the Committee on Indain Affairs, United States Senate, on S. 710, S. 1112, and S. 1366, Seventy-seventh Congress; House Report No. 1589, Seventy-sixth Congress, accompanying H. R. 3765; Senate Report No. 662, Seventy-seventh Congress, accompanying S. 1112; House Report No. 1281, Seventy-seventh Congress, accompanying H. R. 5704; and office reports to you on S. 1366, Seventy-seventh Congress (May 20, 1941), S. 1112, Seventy-seventh Congress (April 5, 1941), and S. 710, Seventy-seventh Congress (February 15, 1941). The said act of May 18, 1928 (45 Stat. 602), amended by the act of April 29, 1930 (46 Stat. 259), conferred upon the Court of Claims jurisdiction to hear and determine all equitable claims of whatsoever nature which the Indians of California, as defined in section 1 of the act, may have against the United States, and to render final judgment thereon. The said act provides, among other things, as follows: 66* * * Any payment which may have been made by the United States or moneys heretofore or hereafter expended to date of award for the benefit of the Indians of California, made under specific appropriations for the support, education, health, and civilization of Indians in California, including purchases of land, shall not be pleaded as an estoppel but may be pleaded by way of set-off." Pursuant to the said act, the attorney general of California, on behalf of the said Indians, filed petition No. K-344 in the Court of Claims August 14, 1929. Subsequently, on March 14, 1932, an amended petition was filed in the said suit. The said petition was the subject of a report from this office to the Department of Justice on May 31, 1934, showing disbursements made by the United 93518-44 States for the benefit of the said Indians in amounts aggregating $12,174,231.14 as follows: 1. Disbursements made by the United States for the benefit of the Indians in California, under appropriations made specifically for the Indian Service in California, during the period July 1, 1852, to June 30, 1932. 2. Disbursements made by the United States for the benefit of the Indians in California, under appropriations made for the Indian Service generally, but by the appropriation acts certain amounts were apportioned to the Indian Service in California, during the period from July 1, 1868, to June 30, 1932__ 3. Disbursements made by the United States for the maintenance of certain schools in California, under certain appropriations made for the maintenance of said schools, during the period from July 1, 1892, to June 30, 1932. $5, 543, 526. 10 594, 021. 37 6, 036, 683. 67 12, 174, 231. 14 Paragraph 10 of the special findings of fact entered in the case on October 5, 1942, reads as follows: "The lands which were proposed to be set aside as reservations for the sole perpetual use and occupancy of the tribes, bands, and rancherias of the Indians of California, parties to the 18 unratified treaties, are described therein by metes and bounds. They are shown on the official map prepared at the request of the Secretary of the Interior by the Commissioner of the General Land Office as a public document. These reservations were never set aside and reserved to the Indians of California, parties to the said treaties, in the manner and form provided for therein. . "The total area in the aforesaid reservations has been officially computed to be 8,518,900 acres, and includes a large acreage comprised within reservations subsequently established by the Government for the benefit of the Indians of California." The court held, as a matter of law, that under the terms of the jurisdictional act the plaintiffs are entitled to recover, subject, however, to the deduction of offsets, if any, and reserving the determination of the amount of the recovery and the amount of the offsets, if any, for further proceedings, as provided in rule 39 (a) of the court. In the concluding part of its opinion the court stated: "As this case is brought under rule 39 (a), which provides the court should decide only the law and facts, a judgment cannot be entered. "The court is of the opinion that the plaintiffs are entitled to recover the value of the land set out and described in the 18 unratified treaties at the price per acre named in the jurisdictional act, and the value of the other articles, chattels, and services as of the date of the failure of the Senate to ratify the treaties. As this claim does not involve a taking of land by the Government for which just compensation shall be made, but only compensation for an equitable claim, no allowance of interest is permitted or allowable. "The case will be referred to a commissioner of the court to ascertain the values and report to the court. If a stipulation cannot be entered into, both parties may take testimony on these issues." Upon the basis of the foregoing holding of the court, it appears that the Indians of California might obtain a judgment for the value of the said 8,518,900 acres of land at $1.25 per acre, or for a total of $10,648,625, plus the value of certain chattels, etc., in an amount as yet undetermined and subject to the deduction of offsets as authorized by the jurisdictional act. In its opinion of October 5, 1942, the Court of Claims gave no indication as to what part of the disbursements made by the United States for the benefit of the Indians of California may be allowed as an offset against the amount found to be due from the United States. Assuming, however, that the court would allow as offsets substantially the amounts included in the said office report of May 31, 1934, supra, as against the value of 8,518,900 acres of land at the price per acre ($1.25) named in the said jurisdictional act, plus the value of other articles, chattels, and services referred to in the court's opinion, it appears that the net recovery by the plaintiff Indians would be in an inconsequential amount, if any. Such legislation as that proposed in the subject bill, S. 1529, would, in effect, supersede the said jurisdictional act of May 18, 1928, as amended, render futile all that has been done under the said act, and set up an entirely different procedure for the settlement of the claims of the Indians of California without regard for the Government's right to set off against the amounts found due the said Indians any amounts which may have been disbursed by the Government for their benefit, thereby apparently insuring that the Indians would receive an award in a substantial amount from the proposed commission. The adoption of such procedure obviously would constitute favoritism toward the Indians of California as against other Indians whose claims have been adjudicated by the courts under jurisdictional acts providing for offset of disbursements made by the United States for their benefit. Even if the subject bill, S. 1529, were amended so as to require the commission to consider such disbursements by the United States for the benefit of the Indians of California, the bill still would be open to the objection that it would set up an unusual procedure for the settlement of Indian claims, resulting in preferential treatment or favoritism and lack of uniformity. In this connection, it was stated in office report dated April 2, 1940, A-20975, to the chairman of the Committee on Indian Affairs, House of Representatives, on House Joint Resolution 352, Seventy-sixth Congress, to authorize the establishment of a Sioux Claims Commission: 66* * * Moreover, if such settlement of the Sioux Indian claims should appear to be more favorable to the claimants than settlements obtained by other Indian tribes, through litigation or otherwise, there doubtless would result strong pressure on the Congress to provide for similar disposition of the claims of other tribes. Attention is invited to the Congressional Record of June 23, 1937, volume 81, part 6, pages 6237 to 6267, reporting the discussion and the action taken by the House of Representatives on the bill S. 1902, Seventy-fifth Congress, to create an Indian Claims Commission for the purpose of disposing of all claims against the United States by any Indian tribe, band, or group.' See, also, my report to you dated April 16, 1941, A-61249, on bill S. 1111, Seventy-seventh Congress, to create an Indian Claims Commission. In view of the foregoing, I am unable to recommend favorable consideration of the pending bill, S. 1529. However, if the bill is to be favorably considered for enactment, it is recommended that it be so amended as to require the commission to consider and set off against any amount found otherwise due the said Indians gratuities as provided in section 2 of the act of August 12, 1935, 49 Stat. 596, which section contains a provision directing that in all suits then pending or thereafter filed in the Court of Claims by "any such tribe or band of Indians," the court shall consider and set off against any amount found due such tribe or band "all sums expended gratuitously by the United States for the benefit of such tribe or band," with certain exceptions specified in the act. In section 4 of the bill here under consideration there is noted the following provision: ""* * * Official letters, papers, documents, and public records, including the records of the courts, in the office of the attorney general of California, and the executive departments of the Government, shall be furnished the Commission for its use in performing its duties." Such provision might be interpreted as requiring actual delivery of records, etc., to the Commission, and it is suggested that if favorable consideration of the bill is contemplated, such provision should be amended so as to require that records, etc., be made available to the Commission for inspection or for the making of copies, under such supervision and regulation as may be prescribed by the head of the department or agency having the records, etc., in charge. Sincerely, LINDSAY C. WARREN, Comptroller General of the United States. Mr. MURDOCK. Mr. Outland, the author of the bill, wanted to be present with us this morning, but it was impossible for him to attend this meeting as he is home sick with the flu. However he has drawn up a brief statement of his views which I will have Mr. Dunn, our clerk, read. Mr. DUNN. The statement of Mr. Outland is as follows (reading:) STATEMENT OF HON. GEORGE E. OUTLAND, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Mr. OUTLAND. Briefly, the history of the claims of the Indians of California against the United States is as follows: In 1769 the Indians in the State of California lived in a state of primitive simplicity, getting their livelihood by fishing, hunting, and the gathering of seeds, acorns, and other products of nature. They lived in villages along the shores of the sea, the lakes, and the rivers. They were not nomadic like the Plains Indians, their wanderings being limited to comparatively narrow areas. They belonged to many different tribes and spoke many different languages. Most of the tribes were small. They were not, as a rule, warlike. On May 14, 1769, the first Spanish exploring expedition came up from Mexico for the purpose of establishing missions for the civilization of the Indians and the settlement of the country so as to thwart aggression of Russia from Alaska. Twenty-one mission establishments extending from the Mexican border to the town of Sonoma, north of San Francisco, Calif., were erected; the Indians were christianized and taught the trades and skills of civilized life-weaving, farming, carpentry, irrigation, and stock raising, and other industrial work. Most of the missions were along, or comparatively near, the shores of the Pacific Ocean. Thousands of Indians were baptized by the Spanish padres, learned the Spanish language and adopted the habits of civilized life, forsaking their primitive mode of living. Only a comparatively small part, not to exceed one-sixth, it is estimated, of the State of California came under the influence of the Spanish culture. Upon the establishment of the independence of the Mexican Republic in the year 1824 the Indians of California came under the authority of that Government. In 1846 a state of war was declared to exist between Mexico and the United States which ended with the treaty of Guadalupe-Hidalgo proclaimed July 4, 1848. Under the provisions of that treaty the United States was required to maintain and protect the inhabitants of the State of California and other territory included in said treaty (the greater part of the inhabitants of the State of California then being Indians in their aboriginal state) in the free enjoyment of their liberty, property, and the religion which they profess. Shortly after the assumption of sovereignty by the United States, Congress passed two statutes for the purpose of adjusting all questions relating to land in the State of California. The first statute was the Private Lands Claims Act, the act of March 3, 1851 (9 Stat. 631-634). The other statute was the act of September 30, 1850 (9 Stat. 544), authorizing the President to appoint three commissioners to conduct negotiations with the Indian tribes of California for the purpose of carrying out the traditional policy of the United States by purchasing rights of occupancy of Indian tribes and furnishing them with the implements of husbandry, seeds, together with schools, agencies, clothing, livestock, and tools, to the end that they might be fitted to live in a state of civilization and ultimately become citizens of the State and the United States. |