In the letter received from the office the day before you left concerning our request for additional Emergency Conservation Work employees you may have noted that they do not approve of continuing Joe Hall under the position of subforeman. They think the position should be camp assistant, a secretarial appointment. We will be ahead to discontinue the position rather than get into a secretarial appointment. They requested that we send in a job sheet and an application from Joe for the new position and let them decide, but I haven't done it yet for the above reason. Space will be here April 3 and 4. If you have anything to take up with him should you not be back by that time I would suggest that you let us know as soon as possible. Our beetle work will close the 20th. If we had about $3,000 more we could do almost as much as we have done all winter through the heavy snows. Work has certainly speeded up in the last few weeks. Practically all Emergency Conservation Work work will close down until the roads are open into the mountains. Respectfully, EARL. Following is the letter of transmittal with a part of the efficiency report of Lee F. Chartrand, scaler: The COMMISSIONER OF INDIAN AFFAIRS, Washington, D. C. KLAMATH AGENCY, OREG., December 19, 1936. SIR: I am submitting herewith, in triplicate, the 6-month efficiency report on Mr. Lee F. Chartrand, scaler, as requested by your letter of December 1. This report covers the first half of his probationary period. I am also enclosing copies of two letters from the Big Lakes Box Co., the first dated December 11, the second dated December 16. These letters are self-explanatory with regard to Mr. Chartrand and Mr. Kempff. I have made an investigation of the marking that Mr. Chartrand made on the Squaw Flat unit with Mr. Patrie and Mr. Gray, from the Spokane office, and we found numerous large matured and overmatured trees left in the woods that we believed should have been marked. We all agreed that it was a very poor job of marking. We asked Mr. Chartrand how it came about that he had left so many matured and overmatured trees, especially in the scab flats and rocky ridges, which was in a bad beetle-infested area, and he told us that he had been rushed at the time he was marking there that was his excuse. Since then I have made a personal investigation and I found in a great many places that he had left matured and overmatured trees which I don't believe should have been left; in fact, I am positive no good forester would have left these trees, and I don't think there is any question but that the Indians are going to lose these trees, because they are left in territory that is very doubtful that you will get a lumber company to go in and get these trees before they are a total loss. Mr. I asked Mr. Taylor, the forest examiner, to go to the Squaw Flat sale to see Mr. Chartrand, to talk to him, and to advise him to use better judgment in marking timber and to show him how to mark so that he would not leave these matured and overmatured trees. Mr. Taylor reported back to me that he was unable to get Mr. Chartrand to change his marking policy—that it would take somebody beside him to have Mr. Chartrand do differently than what he is doing. I talked with Mr. Nichols, the check scaler, about Mr. Chartrand, inquiring what sort of a scaler Chartrand was. Mr. Nichols told me flatly that if had to pay him as a scaler that he wouldn't hire him. Taylor does not believe that Mr. Chartrand is qualified to handle a timber sale or mark timber. He thought it would be to the best interest of the Service to have a more competent person than Mr. Chartrand. I have talked with Mr. Taylor, Mr. Nichols, and Mr. Acteson-all inform me that Mr. Chartrand is socialistically inclined, at times quite radical. All of these men have worked and talked with Mr. Chartrand and I believe them to be honest and sincere and I don't believe that they would inform me only as to the truth. You will notice that Mr. Kempff is giving Mr. Chartrand a very good recommendation. I believe that the reasons he did is because Mr. Chartrand and him believe and think in the same principles. Therefore, I am recommending that Mr. Chartrand's services be discontinued and be not admitted to the civil service. Very respectfully, WADE CRAWFORD, Superintendent. A part of the efficiency report: "I do not believe Mr. Chartrand has ever come in contact with the Klamath Indians; furthermore I do not believe that the Klamath Indians even know who he is; therefore, Mr. Kempff's ratings as to Mr. Chartrand's ability as to respect for personality, responsibility for social growth of Indians, skill in directing activities of Indians or skill in directing initiative of Indians is not correct in any way; therefore, should be disregarded by the Indian Office. The ratings cannot be correct or accurate if one does not come in contact but is given credit for such. "WADE CRAWFORD, Superintendent.” Nothing has been done about him to date. But it has become necessary for me in the meantime to remove Mr. Chartrand from marking on the Squaw Flat sale and assign him to scaling on the Long Prairie sale. The check scaler reported to me recently that Mr. Chartrand is an incompetent scaler; that he was 6 percent high in his scale. The check scaler called his attention to his mistake so he changed and went 3 percent low. The check scaler corrected him again. It has been reported to me from three different timber sales on which this man worked that he is socialistically or communistically inclined. It was reported to me by our officer on the east end of the reservation that Mr. Chartrand had talked communism or socialism to him and he reported the thing to me because he thought my office should know there was a radical in the Service. With reference to transfers in the irrigation division, I submit: Mr. Marble succeeded him; was a splendid employee, and I so recommended him when he asked for a transfer to a lower altitude because of his health. The doctor's report will verify this-that it was necessary for him to go. I regretted the loss of this employee. Mr. Holt succeeded Mr. Marble. Mr. Wathen told me Mr. Holt should never have been sent here. He said, "It was a dirty trick to send Holt to Klamath, and I'll correct it in 30 days." He kept his word, and I appreciate it. Mr. Brown was transferred here to succeed Mr. Holt, and thus far has proved to be a good man. In the sequence of acts of insubordination with which I am charged, I will answer each by number. 1. I absolutely deny that I delayed intentionally to carry out your instructions with reference to the return to duty with pay of Dorothy K. Dillstrom. Upon receipt of your telegram I immediately proceeded to Washington to discuss this matter with you. I thought I should talk with you about Mrs. Dillstrom for the good of the Service. 2. I regret that you so interpreted by letter to you of December 16, 1936. I certainly did not intend to tell you that this matter was none of your business. There was nothing personal about it in my mind. The question in my mind was this: If Gerry Kempff's statement to me was correct, that he had telegraphed his friend Bob Marshall that I had refused him leave to attend the foresters' meeting in Portland, how did a personal affair become Government business? To clarify this matter, the telegram of December 9, 1936, follows: "Understand you have disapproved leave applications for Kempff, Krueger, Sowder to attend meeting of Professional Forestry Society on their own time and at no expense to Government or Klamath Indians. Attendance such meetings encouraged in professional services of Government among all Bureaus. Wire immediately your reason for refusing permission." Answer follows: "Reasons for refusing permission leave for Kempff, Krueger, and Sowder: Kempff is behind with office and field work; lumber companies have requested considerable information regarding future timber sales. Krueger is, as you know, in charge of grazing and also handling crossing and sales permits which are being requested each day, so Mr. Krueger is unable to keep up with his work at present time. Refer my wire December 2 and letters requesting additional help for him. If Krueger leaves no one here to take care this work. Sowder has had annual leave from October 26 to November 14, inclusive, and at present time we are being crowded by lumber companies for timber to be marked and scaled. We are cutting approximately 1,000,000 feet of timber a day, and the Ewauna Box Co. plans to start soon. It will be necessary to mark timber for them. Every man on forestry staff is being used. Kempff, Krueger, Sowder thoroughly familiar with reason applications were not approved was because work not up. My action based on letter from Secretary's office dated October 27, which reads: 'Provided your duties will permit.' In view of press of work it appears to me action men wiring you open insubordination." Telegram of December 10, 1936, follows: "Granting of 26 days' annual leave now mandatory on Government by act of Congress. Work appears to be no more rushed present time than average. Kempff, Krueger have had little or no annual leave since entering Service, and Sowder has not used up 26 days; furthermore, this leave is of such nature will benefit men in work; therefore, unless present work abnormally heavy you are directed to grant Kempff, Krueger, Sowder the brief leave requested." My letter of December 16, 1936, has to do entirely with your telegram of December 9, 1936, and not your telegram of December 10, 1936. Letter is hereby submitted: KLAMATH AGENCY, OREG., The COMMISSIONER OF INDIAN AFFAIRS, Washington, D. C. DEAR MR. COLLIER: Reference is made to your telegram of December 9, 1936, which reads as follows: "Understand you have disapproved leave applications for Kempff, Krueger, Sowder to attend meeting of Professional Forestry Society on their own time and at no expense to Government or Klamath Indians. Attendance such meetings encouraged in professional services of Government among all bureaus. Wire immediately your reasons for refusing permission." I talked with Mr. Kempff about this telegram in the presence of Mr. Arkell, special Indian officer. I asked Mr. Kempff if he had made an official or unofficial complaint to the Washington office about me not granting the annual leave to him, Mr. Krueger, and Mr. Sowder. He advised me that he had wired his personal friend, Bob Marshall, and advised him that he was unable to attend the foresters' meeting in Portland. He said this wire was sent for the purpose of informing Mr. Marshall, and not as a complaint. Mr. Kempff also stated that he paid for this telegram out of their personal funds, and was in no way Government business. I can't understand why, Mr. Collier, you asked me to wire you immediately the reasons for refusing permission to Kempff, Krueger, and Sowder to attend the forestry meetings when Mr. Kempff says this never was Government business, and was not in any way a complaint. It would probably clear my mind if you would send me a copy of the wire that was sent to Bob Marshall. I asked Mr. Kempff for this, but he states that he did not keep a copy. There seems to be something peculiar about this telegram-if Mr. Kempff had sent a personal wire to Mr. Marshall, which did not have anything to do with Government business and that was not a complaint in any way, shape, or form, then why should the Government spend money wiring me and I should spend money answering a telegram if it was not Government business? Sincerely yours, WADE CRAWFORD, Superintendent. In addition to the duties as set forth in telegram of December 9, necessarily imposed upon the three foresters who requested the leave, we were beginning to burn slash and had not been able to burn because of the extreme fire hazard. If this slash had been held over for another year it would only have created a greater hazard. Spring burning is not successful. In the statement of James E. Sowder, January 30, 1937, you will find that Mr. Sowder did not sign the telegram, neither did he know at the time that it was sent. 3. The following letter explains our action relative to request for additional funds to pay fire fighters: Mr. WADE CRAWFORD. KLAMATH AGENCY, OREG., Superintendent, Klamath Agency, Oreg. DEAR MR. CRAWFORD: Pursuant to your request regarding the funds for fire-suppression purposes last fall, our records indicate there was considerable delay before the funds were placed; persons employed fire fighting were very insistent as some of them were transients, and we wrote and wired several times before the funds were placed to Mr. Allen's credit. We requested the funds on August 20, we telegraphed September 3; this was answered by wire September 5 advising funds were allotted. We wired the Secretary on October 3 a telegram informed us funds had been transferred to the regional office the 1st. Copies of all telegrams are attached, also a copy of our letter of August 20. Wages due fire fighters for the season were unpaid until the formal notice of funds was received by the Treasury district officer at Portland, who declined to accept a pay roll until funds were available to make payment. Checks were dated October 10, 1936, for the period from July 1 to September 30, 1936. Very sincerely, E. B. JERMARK, Chief Clerk. Through Mrs. Jermak, Mr. Crawford has expressed the wish that I sign this letter. This I cannot do conscientiously, because I have had nothing to do with these records. However, I can verify that the fire fighters' pay checks were not received here until about the middle of October 1936. GERHARD KEMPFF, Forest Supervisor. My entire action in this matter was done to expedite pay of men we had compelled to fight fire. I was criticized because of my failure to pay men and I wired the Secretary for funds in order to avoid further criticism to the Indian Service. I did not know it was insubordinate to communicate with the Secretary of the Interior as Indian Affairs is in that Department. 4. With reference to this matter I will again submit the following: KLAMATH AGENCY, OREG., March 19, 1936. Washington, D. C. The COMMISSIONER OF INDIAN AFFAIRS, SIR: Your letter of February 19, 1935, approved by Mr. Chapman March 1, directs me to refund to the Chiloquin Lumber Co. the sum of $3,239.29. Enclosed is a copy of our correspondence to the company refunding immediately the sum of $3,209.84 from "sundry receipts." The remaining $29.45 is the excess paid, less the 8-percent deduction, on account of the Lorita Robinson allotment No. 1539. There is at present no credit in this account and, therefore, we are forced to delay the refund until such times as credits will permit to pay it off. In regard to the impropriety of communicating directly with the Attorney General, I am fully aware of it. It was not my intention to commit this impropriety even though the general council requested it. I have no knowledge that my letter addressed to the Attorney General through you, on the refund matter discussed above, was mailed directly to him. If it reached him without passing through your hands, a mailing error has occurred somewhere and I am very sorry it did. I realize that such an error embarrasses you and the Secretary. This is the only explanation I have to offer, for my intention was all along to submit the council decision through you and not directly to the Attorney General. Respectfully yours, WADE CRAWFORD, Superintendent. KLAMATH INDIAN AGENCY, OREG., Through the Commissioner of Indian Affairs. We are in receipt of a certain letter of November 27, 1934, from the office of the Commissioner of Indian Affairs, approved December 8 by the Secretary of the Interior's office. We attach a copy hereto. This letter was brought to the attention of the Indians of the Klamath Reservation in general council assembled December 20, 1934. The upshot of the heated discussion with regard to it is expressed in the following motion passed by an assemblage of over 70 members. "Moved by S. B. Riddle; second by Brown. "Move that the general council hereby enter protest that tribal funds be refunded to the Chiloquin Lumber Co. and such funds as are authorized refunded by the Solicitor's office be withheld until at such time a final decision is reached reactive thereto and the matter be submitted by the superintendent to the United States Attorney General and to Members of Congress for proper action in support of this protest. "Votes cast, 46 in favor; motion carried; none oppose." Under Public Act 435, Seventy-second Congress, the Indians contend to have been granted the right of a voice in the modification of "the terms of now existing and uncompleted contracts of sale of Indian tribal timber"; that Public Act 435 expressly intends modification of "the terms of existing contracts" only "when it is in the interest of the Indians so to do"; that the amendments to Public Act 435, namely Public Act 81, Seventy-third Congress, and Public Resolution No. 15, Seventy-third Congress, do limit the authority of a downward price revision to September 4, 1934; that the Solicitor's opinion (M. 27787) of September 13, 1934, concludes: "It is impossible to consider approval by the Secretary of the proposed contract modifications now before the Department except as a substantial and important part of the modifications, the authority for which depended upon the statute that expired September 4. My opinion, therefore, is that the Secretary of the Interior does not have authority to make the proposed modifications effective by approving them subsequent to September 4, 1934.” As directed by the Klamath General Council I am submitting for your consideration and action this matter of a refund to the Chiloquin Lumber Co. Respectfully yours, (Signed) WADE CRAWFORD, Superintendent. The letter of December 31, 1934, will show this communication was submitted through the Commissioner of Indian Affairs and was written by Mr. Kempff. I signed the letter and sent it back with the regular mail in the regular procedure. 5. I do not believe that my request to Mr. Moore is insubordination to the Commissioner of Indian Affairs. I made this request because I knew that as the different divisions handled all the affairs of the Bureau and as I was being investigated about personnel, I believed that a thorough investigation of each case, which would necessarily lead into the Bureau of Indian Affairs, would determine who was responsible for promotions and increases, I believed that for the good of the Service, the protection of Indian property, social well-being, and health this should be done. I know there is politics within the Service, one friend helping another, and some of the recommendations made to me within the Service had not turned out successfully and I was being criticized for it and investigated. Without mentioning names, I will repeat a slogan that was constantly preached to me by a high Bureau official, "Pass the buck, get cut from under and draw your pay." If necessary I will be glad to sign an affidavit to this effect. The advice given to me, so it was stated, would protect my wife and daughter if I would follow the slogan. With reference to the statement I made about some one favoring the lumber companies, I insert this telegram: CRAWFORD, Superintendent, Chiloquin, Oreg. WASHINGTON, D. C., August 3. Kesterson advises all parties have signed except you for minor children modified-allotment contracts 5-mile unit. You are instructed to sign for orphans and you may submit your recommendations by letter. Submit contracts to office for consideration. Advise Kesterson. And my letter which follows: Hon. JOHN COLLIER, Washington, D. C. COLLIER. KLAMATH AGENCY, OREG., DEAR MR. COLLIER: As per office instruction via night letter under date of August 3, 1934, with reference to the Kesterson allotment contracts on the 5-mile unit, I wish to advise that today I signed the contracts for the orphans. The minors affected by my signatures, signing as their ex officio guardian, are: (1) Calsie Duffer, orphan minor, as heir of James Foster, allottee No. 907; (2) Calsie Duffer, orphan minor, an heir of Maggie Duffer, allottee No. 908; (3) James (Harold) Willis, orphan minor, an heir of Bertha Barkley, allottee No. 967; (5) Willard William, an orphan minor, an heir of George Chocktoot, allottee No. 302. I respectfully submit that my signature was affixed only and upon definite instructions from the Washington office. My signature thus waives for these orphan children the sum of $840 plus accrued interest to the amount of about $115, insofar as they partake as heirs. I do not, as their ex officio guardian, concur in or approve of such action. |
