The following table reflects in part the work accomplished by the law-enforcement personnel during the calendar year 1940:

With the enactment of a Federal statute prohibiting the importation, sale, or possession of marihuana, it is believed that our officers are able to do more effective work in stamping out this traffic among the Indians.

The traffic in the more serious forms of narcotics, such as morphine, cocaine, and yenshee, among Indians is still largely confined to the Indians of Nevada and to the Osages, where several important cases have been developed in conjunction with Federal and State authorities.

The special and deputy special cfficers are not distributed or assigned in relation to the Indian population, but rather in relation to the delinquency and crime problem. Indians themselves are taking the initiative in requesting that officers be employed to maintain order and to restrict or suppress the traffic in narcotics and intoxicants.

In addition to the salaries of the special and deputy special officers, it is necessary to furnish lightweight cars for transportation, purchase supplies, and provide funds with which to purchase evidence in liquor violations from this appropriation. In his report of the activities of the regular special and deputy special officers for the calendar year ended December 31, 1940, the chief special officer stated: "The regular enforcement organization during 1940 consisted of 15 special officers and 12 deputy special officers. These men work under the direction of the chief special officer located at Denver, Colo., where an office is maintained employing one clerk. With the elimination of the last five remaining deputy special officers under Civilian Conservation Corps, Indian Division, our regular organization was compelled to extend territories in an effort to render service in those areas heretofore covered by Civilian Conservation Corps, Indian Division personnel. The present lack of personnel constitutes a serious handicap to efficient enforcement, and we are unable to extend the protection to which many tribes are entitled.

"We obtained convictions during 1940 in an average of 94.36 percent of cases completed. This is the highest average we have attained during the past 4 years. The officers developed an average of 65 cases per man which does not include cases disposed of in Indian courts. Due, at least in part, to better organization and coordination with Extension Division, the number of cases involving the sale and purchase of Indian Department livestock has shown a sharp drop as compared to previous years. Our officers have been particularly active in apprehending those responsible for incendiarism in our reservation forests. During the 1940 fire season our officers were responsible for bringing 8 defendants to trial charged with setting fires in our forests and obtained convictions and substantial sentences in every case. Considerable time and attention has been given, during the year, to the further training and instruction of Indian police personnel. The officers have also devoted a generous share of their time to assisting tribal councils and Indian judges and Indian police in the administration of their Indian courts. The efficiency of the Indian police department is being constantly increased by training and instruction and by replacement of the older men with younger, more active personnel. Many of these younger men are rapidly developing into efficient investigators, and they have shown much aptitude and interest.

"Since the title of the appropriation from which our regular officers are paid has been changed from 'Liquor suppression' to 'Maintaining law and order on Indian reservations,' they have shown a tendency to widen the scope of their activities accordingly. The number of liquor cases developed during 1940 is slightly less than in the previous year.

"It is interesting to note that the liquor traffic is carried on almost entirely by whites. During the past calendar year only 36 Indians were charged with selling liquor while 634 whites were arrested on that complaint. The foregoing applies to prosecutions under Federal law. Prosecutions under State laws for liquor violations were brought against 15 Indians and 121 whites. It is also interesting to note that our arrests for intoxication included 259 Indians and 122 whites. In an effort to eliminate the undesirable element on the reservations we filed 28 vagrancy complaints against whites and only 2 against Indians. As noted in the foregoing section, our cases involving the sale and purchase of Indian department cattle shows a decrease of about 75 percent. This is due to some degree to the relentless campaign waged during previous years.

"Whether the increase in the number of crimes against property, i. e., burglary, larceny, embezzlement, etc. is significant is open to question. During the past calendar year 161 cases of this type of crime were uncovered. This number is somewhat above last year's figures and considerably above the average for the past 4 years. The more serious offenses against persons-i. e., murder, manslaughter, etc., shows little change from the previous year and is considerably under the 4-year average. The same is true with respect to sex offenses. While the number of narcotic cases dropped as compared with the previous year, the seizures were large, which is some indication of the development of more important cases.

"Seizures during the calendar year 1940 set a new 4-year high." Thirty-four cars valued at $6,865 were seized and either sold by the office of the United States marshal or transferred to the Service for official use. One hundred and thirteen ounces of marihuana was seized, all of which was prepared and intended for smoking. These seizures were made from violators commercially engaged in the marihuana traffic. Seizures of stills rose to 34 along with over 6,000 gallons of mash fit for distillation. About 1,000 gallons of beer was seized along with 280 gallons of whisky.

"Progress in the field of law and order during the calendar year 1940 is encouraging. The assistance given our officers by State and county enforcement officers in some areas is indeed commendable.

"Perhaps the greatest obstacles to maximum enforcement in our Service lies in lack of sufficient police personnel, equipment for the Indian police, and lack of funds for the establishment of Indian courts. Lack of special officer personnel compels us to assign men to areas covering one or more entire States embracing two or more reservations, each of which has sufficient disorder to justify the presence of a full-time man. Additional special officer personnel would provide better coverage, more and better instruction for Indian police, and additional assistance to tribal councils and to the tribal courts. Lack of funds for the payment of travel expenses for Indian police restricts their activities, and lack of equipment compels many of them to use their own personal cars for which they receive no compensation. Since they are paid small salaries, this situation is not conducive to efficiency, and, in addition, it encourages irregularity.

"Our special officers are receiving splendid support and cooperation from the various superintendents and other agency officials in a position to be of assistance. Cooperation between our enforcement officers and the prosecutors has been strengthened.

"We are indebted to Treasury Department for the promulgation of regulations providing that rubbing alcohol must be sold only by registered pharmacists. This move has eliminated a source of intoxicants, the sale of which prior to restriction was difficult to combat."

An adequate police or law and order force is essential if local reservation administration is to succeed. While the amount requested will not meet our minimum requirements, we prefer to build gradually, recognizing that time is required to select men properly qualified for the available positions.

Within-grade promotions and delay in filling new positions, $2,320.—This item is to provide for the within-grade promotions in accordance with the act of August 1, 1941 (Public, 200, 77th Cong.).

RECORD OF CONVICTIONS

Mr. JOHNSON of Oklahoma. In looking over your justification, on page 22, I am pleased to see that you have filed 1,731 cases, and that you have actually got convictions in 94.36 percent of those cases that you have tried. Since I may have appeared somewhat critical of

some of your activities let me say for the record that this appears to be an excellent record. Are those figures correct?

Mr. GREENWOOD. That is correct, Mr. Chairman.

Mr. JOHNSON of Oklahoma. Again I repeat, that is a very good record, and I might add that your law enforcement representatives in Oklahoma, have been outstanding, conscientious and capable in their work. Is that true throughout the entire service?

Mr. GREENWOOD. Yes, sir; we have a small but very efficient organization engaged in the work of liquor suppression and drug suppression.

Mr. JOHNSON of Oklahoma. Which do you find more troublesome and difficult of enforcement-the liquor laws or drugs?

Mr. GREENWOOD. Liquor is our biggest problem.

Mr. JOHNSON of Oklahoma. You say liquor is your biggest problem. Does that apply all over the country?

Mr. GREENWOOD. Yes; I think that is generally true. Our drug problem is confined to particular areas, but our liquor problem is pretty widespread throughout the Indian country.

RECEIPTS AND EXPENDITURES FOR LAW ENFORCEMENT

Mr. JOHNSON of Oklahoma. That is getting to be a problem all over the country. I see that $24,204.29 was paid in fines. Is that during one calendar year, or is that for the fiscal year?

Mr. GREENWOOD. That is the calendar year 1940, Mr. Chairman. Mr. SHEPPARD. What was the percentage of expenditure relative to the efforts pertaining to that income?

Mr. GREENWOOD. The total appropriation made for the fiscal year 1942, Congressman, was $265,340. That includes the salaries of 65 Indian judges, whose average salary is $242 a year; and it includes the salaries of 167 Indian policemen, whose average salary is $689 a year.

Most of the cases shown on page 22 of the justification, I would say, were developed by our law-enforcement officers other than the Indian policemen.

RESPONSIBILITY OF STATES FOR LAW ENFORCEMENT ON INDIAN

RESERVATIONS

Mr. SHEPPARD. What would be the general effect upon this type of appropriation if the civil authorities were permitted to do police work within the confines of these respective reservations, in accordance with the rest of their operations, with reference to the civilian authorities?

Mr. DAIKER. Most of the States would not take it on, Congressman, on account of the expense. The argument that is made and the thing that we are confronted with constantly is the fact that the States are not willing to do this, because they say these Indian lands are not taxed, they derive no revenue from them, therefore they are unwilling to spend State funds for policing these Indian reservations.

Unless we subsidize the States, I doubt whether they will take it

over.

Mr. SHEPPARD. Does that apply universally?

Mr. DAIKER. No; it is not universal. Some States, as for instance, Oklahoma, the State you represent, Mr. Johnson, take it over more than they do in other places.

Mr. SHEPPARD. I wondered just how broadly you had gone into that matter with the different States of the Union to get their reaction. The reason I say that is because very recently I filed a bill for the purpose of having this actually become effective for the State of California, and I sent the bill on out to my Governor. He replied, very deliberately, stating that he could see no objection to that type of legislation. That bill is now pending before the House, and, I am prone to believe, with the sanction of the Department.

Mr. DAIKER. Some of the States actually filed claims for reimbursement for expense they have been put to in handling the Indian cases. Of course, we have never honored them, because there was no basis on which we could do that.

Mr. COLLIER. We believe, Mr. Sheppard, that in States like Wisconsin, Minnesota, Nebraska, as in California, it ought to be feasible. It would not be feasible in States with large Indian reservations, like the Dakotas, New Mexico, and Arizona. The States just would not take it on.

Mr. SHEPPARD. I can see in some instances a comparison; one State might neglect its interest in a situation of that character, but California is apparently going to be a white spot in this particular category of Indian legislation and control.

Mr. COLLIER. California has only 20,000 Indians among millions of population and they are, as you know, very widely scattered among the white people.

Mr. SHEPPARD. That is true.

Mr. SHEPPARD. I can say frankly, on many occasions I have had the civil law-enforcement officers enter complaints because they did not have jurisdiction on the reservations, or, rather, privileges on the reservations. That applies to California. They were not getting the cooperation of the Department to that extent.

PAY OF INDIAN JUDGES

Mr. JONES. Is there anything in here for increased pay of the Indian judges?

Mr. DAIKER. No, sir.

Mr. JONES. Or for travel expense?

Mr. SCRUGHAM. What do the Indian judges get about $25 a month?

Mr. GREENWOOD. The average annual compensation is $242 a year. That is about $20 a month.

Mr. SHEPPARD. That is for the judiciary?

Mr. GREENWOOD. That is for the Indian judges.

Mr. JOHNSON of Oklahoma. We have talked about almost everything except peyote. Is there any effort on the part of the Indian Service to regulate the use of peyote, or are you still encouraging the Indians to use it?

Mr. COLLIER. We are certainly not encouraging them, but we are not interfering with them.

Mr. JOHNSON of Oklahoma. What about the pay for Indian judges? Mr. COLLIER. I should say, Mr. Chairman, the pay of these judges is too little. It is not enough. It is not fair to these men, who often are strong men who take their job very seriously.

Mr. SCRUGHAM. Mr. Collier, do they retire at full pay, for life, as in the case of a Federal judiciary?

Mr. COLLIER. No; they have no retirement pay.

LEASE, PURCHASE, ETC., OF AGENCY BUILDINGS

Mr. JOHNSON of Oklahoma. There is no change in the next item, for lease, purchase, construction, repair, and improvement of agency buildings, exclusive of hospital buildings, and so forth.

JUSTIFICATION OF ESTIMATE

Mr. GREENWOOD. I submit for the record the following justificat on:

Appropriation, 1942.
Total estimate, 1943-

Indian Agency Building

$212, 000 212, 000

This appropriation covers the lease, purchase, repair, and improvement_of buildings used for agency purposes throughout the Service, including the installation, repair, and improvement of heating, lighting, power, sewer, and water systems. It is also used for payment of rentals for office space and other buildings at points where Federal buildings or suitable structures owned by the Indian Service are not available.

Rentals. For the rental of office space and other buildings where Federal buildings or Indian Service structures are not available, approximately $12,500 will be required. Rentals paid from this appropriation during the fiscal year 1941 were approximately as follows:

Cheyenne and Arapaho, office space for farmers and field clerks.

Consolidated Chippewa, office space, Cass Lake, Minn.

Five Civilized Tribes, field offices__

Grande Ronde, office space -

Great Lakes, office and storage space.

Kiowa, field offices..

!!!!!!!!

As new Federal buildings are constructed from time to time, and as additional Indian Service buildings are constructed, leases covering the rental of outside space are terminated. There is not a great deal of change from year to year in our rental requirements.

Repairs and improvements.-Under this heading is expended the bulk of the Indian agency buildings appropriation. Expenditures during the fiscal year 1941 for such purposes aggregated $174,123, and it is estimated that $194,700 will be expended during the current fiscal year. A large part of the materials and sup

plies required for repair and improvement work are purchased at the beginning of the fiscal year under regular annual estimate contracts and include such articles as paints, oils, glass, nails, hardware, lumber, and cement. By purchasing in quantity for the Service as a whole in this manner, lower prices and larger discounts are obtainable.

A great many of the buildings and utility systems in the Indian field service are as much as 80 years old, having been used at one time as United States Army posts. The majority of the structures used for agency purposes are of frame construction and are in such condition that the annual expense of repair and upkeep is extremely high. For a great number of years this appropriation has been inadequate to meet the requirements of the Service and many repairs of a purely routine nature have necessarily been deferred. The result of this inadequate