hereinafter specified, shall be referred to four commissioners, who shall form a Board, and shall be appointed in the following manner, that is to say: Two commissioners shall be appointed by the President of the Mexican Republic, and the other two by the President of the United States, with the approbation and consent of the Senate. The said commissioners thus appointed shall, in presence of each other, take an oath to examine and decide impartially the claims submitted to them, and which may lawfully be considered, according to the proofs, which shall be presented, the principles of right and justice, the Law of Nations, and the Treaties between the two Republics. ARTICLE 5TH All claims of citizens of the United States against the Government of the Mexican Republic, which were considered by the commissioners, and referred to the umpire appointed under the convention of the 11th April, 1839, and which were not decided by him, shall be referred to, and decided by, the umpire to be appointed, as provided by this Convention, on the points submitted to the umpire under the late Convention, and his decision shall be final and conclusive. It is also agreed, that if the respective commissioners shall deem it expedient, they may submit to the said arbiter new arguments upon the said claims. del modo y en el tiempo que en adelante se espresará, se someterán á cuatro comisionados que formarán Junta, y serán nombrados del modo siguiente, á saber: Dos comisionados serán nombrados por el Presidente de la República mexicana, y los otros dos lo serán por el Presidente de los Estados Unidos, con consentimiento y aprobacion del Senado de los mismos. Los dichos comisionados, de ese modo nombrados, prestarán juramento en presencia unos de otros, de examinar y decidir imparcialmente las reclamaciones que se les sometan, y que legalmente deban considerarse segun las pruebas que se les presentaren y segun los principios de derecho y justicia de la Ley de las Naciones y de los tratados entre ambas Repúblicas. ARTÍCULO V. Todas las reclamaciones de ciudadanos de los Estados Unidos contra el Gobierno de la República mexicana, que fueron examinadas por los comisionados y sometidas al Árbitro nombrado con arreglo á la convencion de once de Abril de 1839, y que no fueron por él decididas, se someterán y decidirán por el Árbitro que debe nombrarse conforme á esta convencion por lo relativo á los puntos que se sujetaron al Árbitro establecido por la anterior convencion; y su decision será final y definitiva. A la vez se ha convenido que, si se juzga oportuno por los comisionados respectivos, podrán someterse por ellos al espresado Arbitro, nuevas sposiciones sobre dichas reclaemaciones. The CHAIRMAN. We will take the request under advisement until we see the copy. I want to ask Mr. Collett a question or two. I notice, in looking over the report of yesterday, that I asked you when you qualified as a witness what your occupation was and you did not answer that; you did not say what it was. What I meant is what is your profession? Are you a minister, a lawyer, a doctor, or what? Mr. COLLETT. I am a minister. I have a further statement which I believe should be made. The statement is in writing and concerns the auxiliary work, how it is managed and the checks against the finances. I believe that is of particular interest at this time and should be made a part of the record. I ask that it be made a part of the record. (Said statement follows:) STATEMENT OF Frederick G. COLLETT, EXECUtive RepresenTATIVE OF THE INDIAN BOARD OF COOPERATION. As a matter of information we wish to make a statement concerning the activities of the Indian Board of Cooperation, as to its formation of Indian auxiliaries to aid the Indians of California in securing from the State and Federal Governments their rights and privileges, remedial legislation, and such appropriations as may be reasonable and just. POLICY. The Indian Board of Cooperation is an incorporated organization of leading and representative California citizens. As responsible men of affairs, the directors of the board approve all matters involving finance and policy. The established policy of the board is to encourage the Indians to do for themselves everything that they can; to assist them only in the doing of those things that they can not do without help. To do this the scattered bands of Indians in California have been organized into auxiliaries to the Indian Board of Cooperation. The objects of these auxiliaries are as follows: OBJECTS. SECTION 1. To encourage by all available means the organization of the Indians i the various communities throughout California for the purpose of helping them to obtain their rights and privileges from the State and National Governments. SEC. 2. To obtain the passage of their Court of Claims bill asking just compensation * for their lands based on the unfulfilled promises made in the treaties of 1851-52. SEC. 3. To obtain the competent legal services of friendly attorneys to present th claims of the Indians to the Court of Claims and proper courts, departments, boards and officers. SEC. 4. To aid in safeguarding from unreasonable administrative waste the appropriations from Congress in payment of the court's judgment, or any other appropriations. SEC. 5. To require that the funds appropriated for the benefit of the Indians shall. be used for their best interests. SEC. 6. To promote the general welfare with reference to public-school privilege | care for the sick, aged, and otherwise needy; and to create more friendly relationship among the different bands and tribes of Indians. SEC. 7. To encourage and promote all movements intended to enhance the welfare of the Indians. FINANCE. The The work of the Indian Board of Cooperation and its auxiliaries is supported entirely by voluntary contributions from white friends and Indians. Until recently the Indians have not assisted financially in this work. Interested white persons have heretofore and are now contributing toward the maintenance of the work. Indian Board of Cooperation believes that the best way to help the Indians is to help them to help themselves. For this reason it has assisted them to organize themselves into auxiliaries to the board. They now have 56 Indian auxiliaries with membership of 7,300 widely scattered over the State. They pay dues of not more than $6 per person per year 50 cents per month. Many of the auxiliary members because they are so poor, have paid but 25 cents in all, while many others have not paid anything; but all California Indians are urged to join and to share in the ' work and benefits of the auxiliaries even though they are unable to pay anything. I All members take pride in paying dues when possible. The main thing is to have the Indians join the auxiliaries and take an interest in their own affairs. Each Indian contributing receives an individual receipt for the amount he gives. The receipt is issued in duplicate. The donor's receipt is detached by the donor from the postal card acknowledgment addressed to the treasurer of the Indian Board of Cooperation. The treasurer of the auxiliary is given a receipt for the total amount paid by the members of the auxiliary. A complete membership roll is furnished each auxiliary officer, showing list of members, arranged alphabetically, and the amount paid by each member. The treasurer of the Indian Board of Cooperation, at intervals, makes formal acknowledgment to the treasurers of the auxiliaries and to each officer thereof as to the total amounts that have been deposited in the bank to the credit of the auxiliary concerned. A complete card index record is also kept showing the amounts paid by each auxiliary member. The books of the board are regularly audited by expert certified accountants. The funds received from the auxiliaries by the Indian Board of Cooperation are kept in the Humboldt Savings Bank of San Francisco as a separate fund. The money is used only for the things that the majority of the Indians have agreed upon. Article VII of the auxiliary by-laws is carefully adhered to. The provision is: SECTION 1. No expense shall be incurred except as ordered by a majority of the auxiliary and duly approved by the president of the Indian Board of Cooperation. SEC. 2. All moneys shall be receipted for and shall pass through the Treasury of the Indian Board of Cooperation. SEC. 3. No bill shall be paid until approved by the president of the Indian Board of Cooperation or his representative. SEC. 4. Money provided by membership dues of the auxiliary shall be used to carry out the objects set forth in Article II of these by-laws, subject, however, to the other provisions of this article. INSPECTION AND APPROVAL OF AUXILIARY WORK BY COMMISSIONER. At the beginning of the auxiliary work under date of September 30, 1920, the Commissioner of Indian Affairs was furnished with detailed information of the proposed work. His constructive criticisms and suggestions were solicited, as will be seen by the inclosed letter (Exhibit No. 5). The commissioner's response is also inclosed (Exhibit No. 5b). Under date of January 13, 1921, the Commissioner of Indian Affairs was requested by the executive representative of the Indian Board of Cooperation to make a careful survey of the activities of the Indian Board of Cooperation in order that his office might be familiar with our work and in a position to answer any inquiries that might be addressed to him. The inspector, Mr. E. M. Sweet, was assigned to make this inquiry. Mr. Sweet was furnished with the fullest detailed information possible, including a list of the auxiliaries, names of officers and addresses, memorandum as to the amounts paid by each auxiliary, together with much other information. Under date of July 9, 1921, the new commissioner, Charles H. Burke, reported on the inquiry in the most cordial and commendatory terms. A copy of his letter is also inclosed (Exhibit No. 6). The attached planograph copies of letters (Exhibits Nos. 7, 7c, 7e, 7f, and 7g) show our active cooperation with the United States Office of Indian Affairs concerning California matters other than the Court of Claims bill. ELEEMOSYNARY ORGANIZATION. The directors and executive committeemen of the Indian Board of Cooperation receive no compensation nor expense allowance for themselves. The board is an eleemosynary organization; and its aims are purely charitable with no idea of any benefits whatsoever. The only understanding or agreement that has ever been made with the Indians is a mutual understanding and pledge to do our utmost to secure the remedial legislation and appropriations that shall be found necessary. There are no contracts or other means by which any member of the Indian Board of Cooperation or myself can be personally benefited. ACCOMPLISHMENTS. As to my official position, I am the executive representative of the Indian Board of Cooperation, incorporated under the laws of California to do work in California and adjoining States. The directors of the board and executive committee men and advisory members are leading and representative California citizens. As responsible men of affairs, the directors of the board approved of all matters involving finance and policy. The Indian Board of Cooperation has secured the formation of many new public schools; gained the admission of Indian children into schools already established: caused to be released from the Federal Treasury many thousands of dollars toward the education of Indian children attending our public schools; gained the attendance in our high schools of Indian grammar school graduates; obtained appropriations for school buildings, water plants, and for other purposes; got the county officials in various parts of California to admit sick and aged Indians to their hospitals and alms houses, and to issue monthly relief to Indians in indigent circumstances; gained monthly allowances for orphan and half-orphan Indian children under the widows' pension act; initiated the securing of opinions from the Attorney General as to the care of indigent Indians, and as to the admission of Indian children to the schools of California; secured remedial legislation and many advantages, including memorials from the State Legislature to Congress; secured amendments to the State statutes regarding Indian education, definitely providing for the admission of Indian children to the public schools of California and for aid for destitute children attending schools. Among the most important accomplishments was the suit initiated by the Indian Board of Cooperation in the supreme court of California, in which it was decided by the court, in a test case (Anderson v. Mathews), that the Indians are citizens. Prior to that for 70 years the Indians had been shuttle cocked between the State and Federal Government, each disclaiming any responsibility to them. The Federal Government argued that the Indian was a citizen of the State and that it therefore was responsible for him. The local State authorities contended that he was a ward of the National Government, and that it was therefore the duty of that Government to educate and care for him. INDIANS ASK FOR JUSTICE. In the accomplishment of these things the Indians have for 12 years given active assistance. Their cooperation has developed in them initiative and the ability to help themselves. Undue Federal supervision tends to develop dependence and the necessity for everlasting guardianship. The California Indians do not ask for or need anything but a just disposal of the question as to their rights. This done, the State of California will be capable for all time to deal with the domestic questions relative to the Indians of the State. In the determination of the question as to whether the California Indians should have the right to go to the Court of Claims for a decision as to their legal and equitable rights, the issue should not be confused by a wholly irrelevant one, such as whether the Office of Indian Affairs should or should not continue, after such a decision, its necessary operations for the benefit of California Indians. However, the Federal Government can not, by any court decision, release itself from its moral obligation to any people under its protection. Should the Federal Government eventually dispose of its legal and equitable obligations to the Indians of California, the Indians would always be entitled to such assistance and benefits from the Federal Government as might be accorded to any other citizens in like circumstances. EXHIBIT No. 5. SAN FRANCISCO, CALIF., COMMISSIONER OF INDIAN AFFAIRS, Washington, D. C. MY DEAR COMMISSIONER: I write to advise you of the present work of the Indian Board of Cooperation, and to ask your careful consideration and frank opinion concerning the by-laws inclosed and the matters relative thereto. The inclosed letter will tend to make clear the views of the Indian board concerning the organization work and the necessity therefor. We find, with but few exceptions, the Indians are in a very intelligent manner responding to our effort to organize them that they may be in a position to assist in obtaining the remedial legislation and appropriation that may be found needed, and | also to be ready to help prepare their Court of Claims case when the California jurisdictional bill has been enacted by Congress. The Pit River Indians are of the opinion that they have a treaty-General Crookunder which they are going to receive some millions of dollars. That even though no record of such treaty has ever been found by your department or any other department of the Government, they shall, on their own initiative, independent of all other Indians, gain pay from the National Government. I have taken pains to advise them that there has been found no record of the so-called General Crook treaty, and that the California jurisdictional bill if passed will accord them ample opportunity to present their claims of whatsoever nature to the Court of Claims. They are insistent, however, that they should be given an opportunity independent of all other Indians to present their claims. With that idea deeply rooted they are determined for the time being, at least, to insist on Congress giving undivided attention to their demands. I have explained carefully to those with whom I have spoken that the amended California Court of Claims bill now before the House requires that the Indians of California shall present their claims jointly, and that but one case shall be brought. We are deeply interested in the betterment of the California Indians and shall appreciate your early reply. Very sincerely yours, Rev. F. G. COLLETT, F. G. COLLETT, Executive Representative. EXHIBIT No. 5B. DEPARTMENT OF THE INTERIOR, Executive Representative, Indian Board of Cooperation, San Francisco, Calif. DEAR MR. COLLETT: The office is in receipt of your letter of September 30, 1920, transmitting circular letter of October 1, 1920, addressed presumably to the homeless nonreservation Indians in California, with respect to creating an organization to aid in securing legislation, etc., relative to their claims against the Government. The office appreciates your courtesy in submitting this matter, and is heartily in favor of these Indians being given the fullest opportunity to have their claims against the Government heard by the Court of Claims. Very truly yours, E. B. MERITT, Assistant Commissioner. EXHIBIT No. 6. JUNE 9, 1921. Mr. PAUL T. HOFFMAN, Superintendent Mission Indian Agency. DEAR SIR: Referring to your letter of October 17, 1920, with respect to the activities among the Mission Indians of Rev. F. G. Collett. executive representative of the Indian Board of Cooperation of California, you are advised that the matter has been held pending an investigation by a field officer. Inspector Sweet reports. May 9, 1921, that there have been no illegal actions on the part of the said missionary; that he and his associates are sincerely working for the benefit of the Indians referred to; and that at the time of a meeting of certain of these Indians at Riverside, Calif., and to which it appeared that you were refused admittance, your presence was not known to him, and that he was not responsible for this unfortunate occurrence. In this connection you are further advised that during the past session of Congress, Rev. Mr. Collett frequently held conferences here with respect to the work he is engaged in, and the office is aware of his plans. A сору CHAS. H. BURKE, Commissioner. EXHIBIT No. 7. DEPARTMENT OF THE INTERIOR, Rev. F. G. COLLETT, Field Secretary Indian Board of Cooperation, Washington, D. C. MY DEAR MR. COLLETT: Upon further consideration of the proposal to which reference is made in my letter to you of April 6, 1920, in regard to the possibility of assisting the newly organized public school district near the Tejon Indian settlement, Calif., I wish to say that if you can obtain and offer to the Federal Government a sufficient title to the 1 acre of land in question, the office will purchase the same from you, paying therefor such reasonable price as may be later agreed upon. The office will acquire this property with the understanding that a school building may be constructed thereon to be offered to the school district for its use and possession provided funds for such construction become available and no obstacle should occur which is unforseen at this time. Upon receipt from you of such evidence of title as you are able to procure, the matter will be given due attention. Very truly yours, E. B. MERIT", Assistant Commissioner. EXHIBIT No. 7c. KERN COUNTY SUPERINTENDENT OF SCHOOLS, INDIAN BOARD OF COOPERATION, San Francisco, Calif. GENTLEMEN: It is with deep regret that I am unable to attend the banquet at 6.30 Thursday, November 10. At this time I wish to express the hearty appreciation of this office and people in the county for the services rendered by Mr. Collett in securing a school for our Indian children and handling the situation at Washington when we needed every particle of assistance. Wishing you success in the splended work you are doing for the Indian, I am, Very cordially yours, L. E. CHENOWETH, County Superintendent of Schools. |