because Congress had already conveyed it to the Indians, to then, in lieu of sections 16 and 36 which the State would have received had the Government owned the land an appropriation of $5,000,000 was made for public-school purposes for the new State.

This $5,000,000 in one lump sum seemed large at the time but was not equal to half the value of the lands in lieu of which it was given. The lands which the State should have received were estimated at the time to be worth all the way from $10,000,000 to $15,000,000. These lands were given to the Indians in consideration for their relinquishment of lands in other States and coming to Oklahoma, where onethird of all the Indians in the United States are now located. The Nation received the value of sections 16 and 36 in the Indian Territory in trade for the lands it received from the Indians by the relinquishment of their lands.

Now how about the Oklahoma Territory, or the west side? Over there we find that because of lands belonging to the Sacs, Fox, Pottawatomies, Cheyennes, Arapahos, Kickapoos, Kiowas, Comanches, and other tribes, 7,786,867 acres of Indian land were nontaxable and the estimated acreage of public lands held by homesteaders was 7,000,000 acres. There were 24,979,200 acres of land in Oklahoma Territory. Deducting the nontaxable land leaves but 10,191,333 acres of land subject to taxation in the whole State. Was there ever another State admitted to the Union under such conditions with her lands, the chief and about the only source of revenue for the State at that time, not subject to taxation? Instead of finding herself with only 10,191,333 acres of land subject to taxation there should have been 44,819,200 acres, less the Government's reservations, and in lieu of this vast source of revenue Oklahoma was given only $5,000,000 for its public schools.

Take the grant of land for public-school purposes made to the States of Utah, Montana, New Mexico, Arizona, Nevada, Colorado, Oregon, Wyoming, Idaho, Kansas, South Dakota, Nebraska, North Dakota, Washington, and Oklahoma, and you will find that the grant of land to Utah for public-school purposes amounted to over 6,000,000 acres, Montana received over 5,000,000 acres, New Mexico received over 4,000,000 acres, Arizona received over 4,000,000 acres, Nevada received nearly 4,000,000 acres, Colorado received 3,715,555 acres, Orgeon received 3,387,520 acres, Wyoming received 3,368,924 acres, Idaho received 3,063,271 acres, Kansas received 2,876,124 acres, South Dakota received 2,813,511 acres, Nebraska received 2,637,155 acres, North Dakota received 2,531,200 acres, Washington received 2,448,675 acres, while Oklahoma receivied 1,276,204 acres. Now we received only 1,276,204 acres, while the other States received from 2,448,675 acres in the case of Washington to 6,007,182 acres in the case of Utah. Now, taking the grant of lands for public-school purposes to these States per capita of population, you will find that Utah received 16. acres per capita; Montana 13.5 acres per capita; New Mexico, 13.4 acres per capita; Arizona, 28.8 acres per capita; Nevada, 48.6 acres per capita; Colorado, 4.6 acres per capita; Oregon, 5.03 acres per capita; Wyoming, 23.6 acres per capita; Idaho, 9.4 acres per capita; Kansas, 1.7 acres per capita; South Dakota, 4.8 acres per capita; Nebraska, 2.2 acres per capita; North Dakota, 4.3 acres per capita; Washington, 2.1 acres per capita; while Oklahoma received 0.77 acre per capita, or about three-fourths of an acre. The other States,

as you will see, range as high as 48 acres per capita granted for public-school purposes.

Beginning as far back as 1802 at the time of the first admission of a Territory to statehood the Government granted to each State an amount of money equal to 5 per cent of all the proceeds of the sale of public lands. That is to say, 5 per cent of the amount realized from the sale of public lands in the State was given to the State to compensate it for the loss of revenues from the Government lands which had been sold by the Government and that were to remain nontaxable even for a period of only five years-lands which the Government had deeded to certain soldiers and other persons and had exempted from taxation for five years. In order to compensate the States thus handicapped by reason. of loss of revenue from the lands. already disposed of the 5 per cent of the amount of sales of such public lands in the State was given to the State. Twenty-eight States received under that act an average of $500,000. The States of Alabama, California, Illinois, Indiana, Kansas, Mississippi, and Missouri received in excess of $1,000,000, while up to 1913 Oklahoma had received only $59,000.

With all our lands in the Indian Territory nontaxable for a period of at least 25 years and inhabitated by Indians and a mixed population without the agencies of Government or public improvements, and the west side of the State composing Oklahoma Territory disadvantaged and handicapped to a great degree for the same reasons, it should clearly appear to anyone who will study the situation that the contributions to Oklahoma were far less than those to any other State and were wholly insufficient and inadequate to make up for the handicap of her nontaxable lands and her Indian population.

We do not believe there can be any question in the mind of any member of the committee but that the State is justly entitled to the benefits of the grant of 1862; that she has fully complied with all the conditions in the act in ample time, and has not received its benefits, There are no public lands remaining in the State. The Department of the Interior advises against the issuance of scrip both in the interests of the Government and of the State. Therefore, an appropriation equal to the acreage the State would have received under the act of 1862, at a value of $1.25 per acre, is the only means by which the State can be given the endowment for her Agricultural and Mechanical College which the act of 1862 has extended to every State in the Union.

Representative M. C. GARBER,

Washington, D. C.:

STILLWATER, OKLA., May 20, 1930.

I have to-day sent the following telegram to the President of the United States, showing my interest in this legislation:

"The President's attention is respectfully invited to Federal legislation affecting Oklahoma and the Oklahoma Agricultural and Mechanical College as embodied in House Resolution 11133, by Mr. Garber of Oklahoma, and Senate bill 4432, by Senator Elmer Thomas of Oklahoma, seeking to give to Oklahoma the benefits of the land grant act of 1862 as amended. Oklahoma has met the requirements and has accepted the provisions of this act, but as yet has not received the benefits. We feel it is now the duty of Congress to say whether Oklahoma shall share as do the other States in the benefits of this act, and the above-mentioned legislation seeks to give to Oklahoma these benefits. Oklahoma respectfully petitions the President to assist and cooperate in the passage of this legislation to the end that Oklahoma may receive the benefits of the land grant

act of 1862 as amended and that this State may be given equal rights with other States which have been admitted into the Union subsequent to the passage of this act. Oklahoma does not ask this as a generosity or as gratuity, but as a matter of justice to which we feel she is entitled under the law. We feel that the President's consideration of this legislation as an administrative measure would assure its passage and would be most highly appreciated by the citizenship of this State."

În my judgment the passage of this bill should be secured at this session if at all possible. W. J. HOLLOWAY,

Governor of Oklahoma.

OKLAHOMA AGRicultural and MECHANICAL College,
Stillwater, March 19, 1930.

Hon. M. C. GARBER,
Representative Eighth Congressional District of Oklahoma,
Washington, D. C.

DEAR REPRESENTATIVE GARBER: I am very much interested in a bill which was introduced by you under date of December 5, 1927, in the House of Representatives, known as H. R. 402, first session of the Seventieth Congress, which

was

"A bill granting to the State of Oklahoma 210,000 acres of unappropriated, nonmineral land for the benefit of its agricultural and mechanical colleges, according to the provisions of the acts of July 2, 1862, and July 23, 1866, and authorizing the Secretary of the Interior certifying the number of acres available and that there are not sufficient lands in the State of Oklahoma to comply with the provisions of this act, to pay to the State of Oklahoma in lieu thereof the sum of $1.25 per acre for the number of acres due said State."

The Oklahoma Agricultural and Mechanical College needs a more complete status in its relation to the land grant act of 1862, and this bill, if passed by Congress, will give this institution that status.

Personally, I wish to assure you that should there by any way in which I might be of service in seeing that this important measure is supported, I want you to feel free to call on me. I shall appreciate hearing from you in regard to this

matter.

Sincerely yours,

HENRY G. BENNETT, President.

STATEMENT OF THE HON. J. V. MCCLINTIC, REPRESENTATIVE OF THE SEVENTH DISTRICT OF OKLAHOMA

Mr. MCCLINTIC. Mr. Chairman and members of the committee, this is the first time I have had the pleasure and privilege of appearing before this committee since I was a member; and I see here only one other Representative who was with us when I had the honor of being a member of this committee; and that is Congressman Addison Smith.

In 1917 this committee was composed of 22 members, and I shall place in the record the names of those who considered the merits of this particular legislation at that time.

Scott Ferris, of Oklahoma.
Edward T. Taylor, of Colorado.
John E. Raker, of California.
Carl Hayden, of Arizona.

Denver S. Church, of California.
C. C. Dill, of Washington.
James H. Mays, of Utah.
John N. Tillman, of Arkansas.
Harry L. Gandy, of South Dakota.
Jeff McLemore, of Texas.

James V. McClintic, of Oklahoma.

William B. Walton, of New Mexico.
Charles A. Sulzer, of Alaska.
Irvine L. Lenroot, of Wisconsin.

William L. La Follette, of Washington.
Nicholas J. Sinnott, of Oregon.
Addison T. Smith, of Idaho.

Louis C. Cramton, of Michigan.

Charles B. Timberlake, of Colorado.
George C. Scott, of Iowa.

John A. Elston, of California.
Jeannette Rankin, of Montana.

At that time Congressman Scott Ferris, of Oklahoma, was the chairman. When the bill was presented he appointed a subcommittee; hearings were held, and a unanimous report was made to the committee, and then the full committee made a unanimous report to Congress. The bill was placed on the Calendar; afterwards placed on the Unanimous Consent Calendar, and because there was one member who objected to it, we did not get the privilege of having the same considered by the House; and so that is its present status.

I want to say that in considering this measure in 1915, all of the facts that were available were brought to the attention of the committee. It was shown that the act of 1862, as amended in 1866, provided that States being admitted to the Union, that qualified by providing agricultural and mechanical colleges, were entitled to this consideration; and at that time we showed to this committee that 14 States occupied the same status as Oklahoma, and all of them received this consideration:

Utah received lands in lieu specially exempted. Arizona and New Mexico each received a special grant with limitations.

So Oklahoma was the only State admitted to the Union that did not obtain the benefits which were provided for in the acts of 1862 and 1866.

Mr. LEAVITT. Will you tell why Oklahoma did not receive it?

Mr. MCCLINTIC: The Representatives of Oklahoma endeavored to obtain these benefits by a departmental order, but it was held that the grants could not be made effective without special legislation. Therefore I introduced a bill in the Sixty-fourth Congress for this purpose. The State of Oklahoma did comply with the law as far as the Legislature was concerned by passing a special joint resolution, which would entitle the State of Oklahoma to participate as provided by the general statute. There are three States that have the exact status with Oklahoma, Arkansas, Colorado, and West Virginia. Now I will make a general statement:

The object of this statement is to show the true conditions of the State of Oklahoma, the facts connected with its enabling act, and why the present bill should be enacted into a law.

Oklahoma when admitted to the Union as a State was composed of the territories of the Indian Territory and Oklahoma. All of the Indian Territory belonged to the Indians and out of the 20,000,000 acres of land there was not an acre subject to taxation. In the Statehood bill Congress, in lieu of sections 16 and 36, gave to the State for the support of its common schools the sum of $5,000,000. Senator Nelson, when the bill was under discussion, in referring to this appropriation, stated that in his opinion the land if available would bring from ten to twenty million dollars, and we are practically sure that he was correct in his deductions.

When it is taken into consideration that only a little more than one-fourth of the number of acres included in the State were subject to taxation when the same was admitted to the Union, it can be

readily seen that many of its citizens have had extra hard burdens to bear.

The authority for the granting of the land asked for in this bill arises out of two statutes, namely, the act of July 2, 1862, and July 23, 1866. The first act in substance makes the following provisions:

That there be granted to the several States, for the purposes hereinafter mentioned, an amount of public land to be apportioned to each State, a quantity equal to 30,000 acres for each Seantor and Representative in Congress * * *

Later on the act of 1866 was enacted into a law, which in substance makes the following provisions:

That the time in which the several States may comply with the provisions of the act of July 2, 1862, is hereby extended so that the acceptance of the benefits of the act may be expressed within three years, and the colleges may be provided within five years from the date of the filing of said acceptance

* *

The act of 1862 extended the benefits to all future Territories when admitted as a State, conditioned that they accept the terms of said acts. Oklahoma was admitted as a State in 1907, with five Representatives and two Senators. Soon thereafter within the 3-year period the State by joint resolution accepted the terms of the act of 1862 and 1866 and applied to the Secretary of the Interior for the number of acres of public land the State was entitled to receive.

The States admitted to Union since 1862 and 1866 are as follows: Fourteen States have been admitted to the Union since the enactment of the act of 1862. All of these except the State of Oklahoma have received the benefits of this act or received land in lieu of the same, or was specially exempted by receiving other land as a public grant. The following are the States:

Arizona and New Mexico each received a special grant with limitations.

Oklahoma received a grant in lieu of internal improvements and swamp act grant. No land received in lieu of act 1862. Not exempted in enabling act from receiving other grants.