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Juan River, near the eastern boundary of the reservation, and that the smallness or entire failure of crops, owing to lack of water and late rains, had left these Indians in that section in a starving condition. Otherwise, no reports of depredations committed by this tribe have been received at these headquarters during the past year.

WHITE MOUNTAIN INDIAN RESERVATION.

The commanding officer, Fort Apache, Ariz., in forwarding to these headquarters a copy of report made to the Commissioner of Indian Affairs by Lieut. W. C. Rivers, Third Cavalry, in charge of White Mountain Apaches, in May, 1895, recommends the establishment of a separate agency for these Indians. (The agency now is at San Carlos.) This has been repeatedly recommended. (See annual report, Department of the Colorado, for 1893.)

The White Mountain Apaches are located near Fort Apache, and that place has been designated as a subagency, with an officer of the Army in charge. The agent resides at San Carlos, the agency for all the Apache Indians.

INDIAN SOLDIERS.

During the fiscal year Troop L, Second Cavalry, has been skeletonized, thus doing away with all enlisted Indians in the department except 16 authorized Indian scouts, as follows: Fort Apache, 4; Fort Grant, 5; San Carlos, 5, and Fort Wingate, 2.

While it is a pleasure to note that all officers and troops called upon to take the field on scouting duty with a view to capturing depredating Indians have performed their duty not only willingly but well, it is believed that Lieut. J. D. L. Hartman, First Cavalry, is deserving of special mention for indefatigable efforts, with a small detachment, to overtake and capture a murderer, supposed to be either the renegade "Kid" or "Massa," during May 15 and 16, 1895, making a forced march of 135 miles in two days.

POST EXCHANGES.

These institutions are becoming more popular as with time and experience they are improved in management.

They accomplish admirably the purpose for which they were estab lished, improve company messes, and add to the contentment of garrisons. I know of no officer of experience who would favor a return to the pernicious system of sutlers' or post-traders' establishments at our military posts.

LYCEUMS.

A statement of what has been accomplished at the various posts throughout the department during the past year in carrying out what is enjoined in General Orders, No. 80, of 1891, Adjutant-General's Office, is submitted as Appendix A, and shows for itself that much good has been the result of the close attention given and interest taken in this subject by all concerned, except in the case of one of the most important posts in the department, where it will be observed that the commander reports a lack of interest in this important branch of military instruction. I hope he will find means during the next lyceum season of surmounting obstacles he may have heretofore encountered.

Most of the essays mentioned were submitted to the department commander, who, after reading them, caused their return to the writer; this in accordance with the Department General Orders, No. 33, of 1891.

GYMNASIUMS.

I have the honor to renew the recommendations made in my annual report as commanding general, Department of Texas, in 1892, on the subject of the establishment of gymnasiums at all posts.

As there remarked:

Gymnastic training would vary the tedious monotony of drills and exercises that, when once learned by the recruit, can not always retain his interest; if one-half the time now devoted to company drill should be given to gymnastic instruction, our soldiers would not only be better prepared physically for service in the field, but the discontent, a frequent cause of desertion that more or less pervades our ranks, could be greatly lessened if not ultimately removed. England and France have followed Germany in the matter of physical training of troops, and in striving for a perfection earnestly desired by our officers and soldiers, we should not, in this most important instruction, remain too far behind them all.

LAUNDRIES.

I also desire to repeat the recommendation made in my annual report in 1893 on the subject of laundries. In my opinion, the establishment of steam laundries at permanent posts in this department and their operation as far as practicable at Government expense is almost a necessity. Enlisted men are now required to use many more articles of clothing requiring frequent washing than formerly, such as white trousers and blouses, linen collars, bed sheets, pillowcases, etc. The extra laundry expense involved falls upon the enlisted men, although no corresponding increase of pay or allowances is made. At many posts in this department the wearing during many months of the year of the authorized duck clothing is imperative; the troops are required of course to keep this clothing clean and neat, and a considerable increase in the monthly laundry bill results. In justice to the soldier this expenditure should be reduced to the minimum. Possibly by some additions to the plant of post sawmills and the utilization as far as practicable of the labor of troops no great expense would be involved.

SUBSISTENCE STORES.

It will be observed by reference to the report of the chief commissary of subsistence (Appendix I) that a very satisfactory showing is made in the loss of all classes of stores by shrinkage and condemnation, compared with that of last year, being a reduction of over 30 per cent in money value in favor of this year.

TRIALS BY COURTS-MARTIAL.

During the past year there has been a very favorable falling off in the number of trials by general courts, viz, from 266 last report to 181 this report; also a very marked decrease in the number of trials by inferior courts. There were no trials of commissioned officers during the year.

TARGET PRACTICE.

Practice at known distances with the caliber.30 magazine rifle, model 1892, is being pursued by the infantry in this department. The cavalry, not having been supplied with the new carbine, has had no practice, and it is now doubtful if any will be held this season.

SIGNALING.

In September, 1894, the best record in heliograph signaling ever made in any part of the world was surpassed in this department by 58 miles, a heliogram having been successfully sent a distance of 183 miles.

I take pleasure in specially commending Capt. W. A. Glassford, Signal Corps, chief signal officer of the department, under whose direction the feat was accomplished. I highly appreciate his zeal and energy in the several branches of his special department.

PAY OF CIVILIAN CLERKS.

I would invite attention to the following comparison of monthly pay of civilian clerks at these headquarters:

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From the foregoing it will be seen that an unjust discrimination exists against the clerks in the adjutant general's office, whose duties and responsibilities are at least equal to those in the supply departments. It will be observed that the highest-paid clerk in the adjutantgeneral's office-the chief clerk-receives the same compensation as the clerk of the lowest grade in the supply departments. Before recent legislation changed the status of general-service clerks they were, in addition to pay, entitled to the privilege of retirement and other privileges, such as medical attendance and the right to purchase from the subsistence and quartermaster's departments. They are no longer entitled to these substantial privileges, while their pay remains the same as before.

While it is not thought that the rates of pay of clerks in other staff departments are too high, it is believed that the rates of pay of clerks in the adjutant-general's office are relatively much too low; and it would seem but meet and proper that this fact be brought to the notice of our next Congress with a view to a remedy being applied.

REPORTS OF DEPARTMENT STAFF.

For particulars relating to administration in the various staff departments attention is invited to the reports of the department staff herewith submitted. I take pleasure in attesting the fidelity and efficiency with which all staff officers at these headquarters have performed their duties. Appended are reports of

First Lieut. John S. Mallory, Second Infantry, aid-de-camp, acting adjutant-general (in absence of Lieut. Col. Thomas Ward, adjutantgeneral of the department).

Capt. A. C. Sharpe, Twenty-second Infantry, acting judge-advocate. Maj. E. B. Atwood, quartermaster, chief quartermaster.

Capt. E. E. Dravo, commissary of subsistence, chief commissary of subsistence.

Lieut. Col. D. L. Huntington, deputy surgeon-general, medical director.

Lieut. Col. J. P. Canby, deputy paymaster-general, chief paymaster. Capt. W. A. Glassford, Signal Corps, chief signal officer.

Second Lieut. G. T. Langhorne, Third Cavalry, acting engineer officer.

My personal aids-de-camp, First Lieut. John S. Mallory, Second Infantry, and Second Lieut. G. T. Langhorne, Third Cavalry, have performed the duties assigned them with industry and intelligence. FRANK WHEATON, Brigadier General, Commanding.

Very respectfully,

The ADJUTANT-GENERAL OF THE ARMY,

Washington, D. C.

REPORT OF BRIG. GEN. ELWELL S. OTIS.

HEADQUARTERS DEPARTMENT OF THE COLUMBIA,
Vancouver Barracks, Wash., August 15, 1895.

SIR: I have the honor to submit my report of the affairs of this military department as affected by the more important events and proceedings which have taken place and been conducted therein since the rendition of the last annual report in August, 1894.

SERVICE OF TROOPS IN AID OF CIVIL AUTHORITIES.

The year has been one of unusual quiet. With a single exception, and that of little moment, nothing has transpired within department limits which demanded the employment of troops to aid the civil authorities in the enforcement of law. With that exception, nothing has transpired to foreshadow a necessity for such employment, unless it was the renewed attempts at mining recently made in the Idaho Cœur d'Alene region, which it was supposed by many would be attended by the usual serious disturbances, but which thus far the State authorities have happily held in check. The exception referred to is deemed of slight importance, but only in so far as the military services actually rendered were concerned. The troops were called to restore and preserve order at an Indian agency, and their presence alone immediately produced the accustomed condition of tranquillity. But had circumstances demanded their employment to the full extent of action which their directions permitted, results novel and attended with many vexed questions for legal determination might have been the consequence. The facts attending this call may be sufficiently stated to understand its necessity very briefly as follows: The Umatilla Indians have taken reservation lands in severalty under the Congressional acts of 1887 and 1891. Two of them were arrested by the reservation Indian police on charges of having committed certain offenses, were tried by its Indian court, were declared guilty, sentenced, and imprisoned. They employed lawyers in Pendleton, Oreg., who commenced proceedings for their release and brought actions for false imprisonment in the State courts, claiming that the allotment acts above cited conferred citizenship upon all Indians who had taken lands in severalty under their provisions and that their clients were therefore citizens of the United States, and as such were not subject to Indian police control nor amenable to the jurisdiction of Indian courts. The circuit court of Oregon decided the points well taken and disposed of the cases accordingly, whereupon the Indians and their friends proceeded to celebrate their victory by demonstrations which defied the authority of their agent and threatened a serious outbreak. Upon the application of the agent for protection, a troop of cavalry was sent to the agency from Fort Walla Walla on March 11, where it remained until the end of that month, when, the unusual excitement having passed, it was returned to its permanent station-the officer in command of the troop having been instructed after his arrival at the agency to furnish all needful protection to the agent and his employees in their endeavor to maintain order, and that the Indians, although they might hold lands in severalty by allotment and under a

restricted patent and be citizens under the act of 1887, were still subject to United States guardianship established by treaty and statute. The agent continues to exercise his authority, the usual quiet prevails throughout the reservation, and the decision of the circuit court of Oregon will soon, I am informed, be the subject of review by the supreme court of that State.

If this decision gives the correct interpretation of the allotment acts, the use of troops as directed might have been illegal, or at least the instructions given them erroneous, for from it the conclusion must be accepted that the Indian who has received land under those laws is removed from the Government control heretofore exercised through the Indian Bureau. Even if the Indian police had been organized in conformity with express law, even if the United States Indian courts had been created and given a certain defined jurisdiction by statute (instead only of receiving recognition in the yearly appropriation acts of Congress and the allotment acts which we are considering, as is the case), and the agent was obliged to redress all wrongs and punish offenses through them, still an allotment Indian, though living within a reservation, could not be interfered with by the police nor be made amenable to the reservation courts, since the courts of the United States and those of a State can not exercise concurrent jurisdiction in the same matter or over the same subject, and since the Indian, being a citizen, is entitled by the allotment laws "to the benefit of and is subject to the laws, both civil and criminal, of the State in which he resides." It follows from the decision that another radical departure in Indian policy is now and has for some time been in active operation; that former independent Indian nations which forfeited or bartered their sovereignty and were reduced to dependent nations, the members of which finally became wards of the Government as the courts of the conqueror have declared, are rapidly being placed, individually, under State supervision. As far as a State is invested with control so far must the General Government working through its Interior and War Departments let go, and it can only act in matters of State jurisdiction when importuned to do so by the State authorities.

It is quite important that the legitimate use of troops on reservations occupied by Indians who have taken lands in severalty under the allotment laws should be understood by officers of the Army, as present indications make it probable that their services will frequently be demanded under such conditions. Thus far in all the legal interpretations of those laws which have been announced the status of the Indian who has taken possession of land under them is considered from the standpoint of citizenship. The fact that he has received land and entered upon it, though holding a qualified estate therein, is deemed sufficient in itself to convert him into a citizen, and as such his privileges and responsibilities are identical with those of any white citizen, unless expressly abridged by statute. The law has not placed any limitations upon his status as a citizen, even if it has imposed a condition of nonalienation upon the land which constitutes the basis of his citizenship. Hence his rights and privileges are the same as those of any other citizen of the United States or of the State wherein he resides. It would seem, however, that the law, strictly interpreted, might lead to a different conclusion. It declares every reservation Indian "to whom an allotment shall have been made under its provisions" a citizen of the United States; but must not that change in personal condition follow the full consummation of the allotment? The law of 1887 provides that the Indian may take and enjoy a certain quantity of land, which

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