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Department and the two Bureaus mentioned have been working in entire harmony. I think this paragraph should be retained.

Sale of timber of Choctaw and Chickasaw coal and asphalt lands.Under the law the segregated coal and asphalt lands in the Choctaw and Chickasaw nations can not be leased or sold, and the timber can only be disposed of under the same circumstances as the land on which it stands. When the lands were segregated about 107,000 acres were under lease. Much of this leased land has been and is being developed, and it is absolutely necessary that the mine operators have timber for props and other uses in connection with their mines. A draft of a bill to authorize the Secretary to sell the timber on these segregated lands was prepared and submitted to your committee on February 19. I have incorporated its provisions in the accompanying bill, under the above title.

Transcript of records of Indian agents (H. Doc. No. 353).-The object of this paragraph is to obviate the necessity of encumbering the records of the Office and entailing additional and useless work upon the agency and school clerks.

Patents to Santee Indians in Nebraska (S. Doc. No. 68). For reasons assigned in the Secretary's letter of December 9, 19 7, printed in said document, a number of the Santees were unable to comply with the requirements of the treaty of 1868 (15 Stat. L., 637) and the lands assigned them are unpatented. The Indians can not acquire title and no one can enter the lands. Hence the need of this legislation.

Conveyance to the United States by Pueblo Indians of lan is in New Mexico S. Doc. No. 67).--The Pueblo Ind'ans hold their lands in common by an indefeasible title, therefore these can not be allotted in severalty. The present communal life of these Ind ans is detaimental both to them and to the surrounding people, but must continue unless some way is found by which their ands can be allotted. The object of the legislation proposed under this title is to authorize the Pueblos to convey their lands in trust to the Un.ted States to be reconveyed to the individuals composing the pueblo. Under such a law I think much can be done to break up the conditions which now keep these Indians under a dwarfing despotism.

Patents to Turtle Mountain Chippewas in North Dakota (S. Doc. No. 71).-Under authority conferred by the act of April 21, 1904 (33 Stat. L., 189-194), the lands in the Turtle Mountain Reservation have been allotted to 326 Indians, heads of families, and some 650 selections have been made on the public domain. No provision is made in the act for the issuance of a trust or fee patent or other conveyance of title. The legislation proposed in the accompanying bill will give them trust patents of the same form and effect as allottees under the general allotment acts.

Negotiations with Turtle Mountain Indians, North Dakota (H. Doc. No. 47). The act of April 21, 1904 (33 Stat. L., 194), permits the Turtle Mountain Chippewas who may be unable to secure land on their reservation to take homesteads on the public lands, and some 650 have done so. There remains, however, a large number who have not made selections.

The available lands on which they could make selections for homes are those parts of the public domain in North Dakota and Montana, the character of which is not suitable for Indian homes; but, notwithstanding this, protests against Indians taking up so much of the public domain of these States have been made.

Considering these conditions, I am of the opinion that some other provision should be made for these Indians. I have therefore embodied a provision in the accompanying bill authorizing me to negotiate with them to ascertain how many will relinquish their rights under the act, and on what consideration, the result of such negotiations to be reported to the Congress at its next session for its action.

Removal of restrictions on alienation of allotted lands, Quapaw Agency, Okla.-The Indians of this agency are particularly advanced in their ability to manage their own affairs, and it is believed the time is ripe for the removal of all restrictions from them. Owing to the opposition which has developed, however, the Office has expressed its willingness to accept a partial removal, as indicated in the proposed legislation under the above title. I would prefer the enactment into law of H. R. 16500, but if that is impossible I urge the adoption of the provisions in the accompanying bill.

Segregation of townsites in the Choctaw and Chickasam nations, Oklahoma (S. Doc. No. 73).--The reasons for this legislation are set out fully in the Secretary's letter of December 9, 1907, printed in the above document.

Survey of the unsurveyed lands of the Five Civilized Tribes, Oklahoma (S. Doc. No. 84). It has been discovered that in surveying the Indian Territory the Geological Survey omitted to survey and plat certain islands in the Arkansas, Grand, and Red rivers. Citizens of the tribes are applying to take these islands in allotment and it is necessary that these be surveyed before such allotment can be made. The item carries no additional appropriation.

Seminole Council, Oklahoma.-Under the Seminole laws, town chiefs also are members of the national council and as such receive $350 each per annum, and other members receive $250 each per annum. No session of the Seminole council has been held since the passage of the act of April 26, 1906. Seminole warrants have been issued in payment of salaries of the members of the council for the year 1907, aggregating in amount $12,112.35. The members of the legislative bodies of the other Five Civilized Tribes receive compensation based on service performed. It is believed that the Seminoles should be paid on the same basis.

Addition of part of Warm Springs Indian Reservation, Oreg., to the Cascade Forest Reserve.-In May last Superintendent Covey represented to the Office that there was a large body of timber on the Warm Springs Reservation, most of which was of no present benefit to the Indians, but that the western half was a constant menace to the remainder of the timber and also to the forest reserve adjoining it on the west.

He recommended that the western half be added to the Cascade Forest Reserve, the proceeds to be used for irrigating the agricultural lands of the reservation, any residue to be expended for the purchase of stock or in such other ways as might be agreed upon.

The Forest Service was consulted, and recommended that the whole timber belt be added to the forest reserve, to which the superintendent acceded, on condition that the rights of the Indians be fully protected.

It is believed that the legislation proposed under the foregoing title will do this, and by having the timber disposed of under the rules of the Forest Service the Indians will receive greater compensation than under any other plan. The description of the part to be added to the

forest reserve is compiled from a map furnished by the Forest Service.

Restrictions in Stockbridge and Munsee patents, Wisconsin (H. Doc. No. 471). The Secretary's letter of January 9, printed in the above document, gives in full the reasons for this proposed legislation, and it is necessary for the protection of the allottees.

I have excluded carefully from this bill all appropriations and claims of every character, and have confined it to the legislation which I believe is necessary to the better administration of Indian affairs. I trust the bill may be given careful consideration and receive your approval. F. E. LEUPP, Commissioner.

Very respectfully,

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MEMORIAL OF INTERNATIONAL AND NATIONAL TRADE AND LABOR UNIONS.

MEMORIAL OF THE INTERNATIONAL AND NATIONAL TRADE AND LABOR UNIONS REMONSTRATING AGAINST THE INACTION OF CONGRESS IN THE MATTER OF LEGISLATION IN THE INTEREST OF ORGANIZED LABOR AND URGING THE NECESSITY FOR IMMEDIATE ACTION FOR RELIEF FROM THE RESULTS TO COME FROM THE LITERAL ENFORCEMENT OF THE SHERMAN ANTITRUST LAW.

MARCH 20, 1908.-Referred to the Committee on the Judiciary and ordered to be

printed.

LABOR'S PROTEST TO CONGRESS.

AMERICAN FEDERATION OF LABOR, Washington, D. C., March 19, 1908. We, the official representatives of the national and international trade and labor unions and organization of farmers, in national conference assembled, in the District of Columbia, for the purpose of considering and taking action deemed necessary to meet the situation in which the working people of our country are placed by recent decisions of the courts, now appear before Congress to voice the earnest and emphatic protest of the workers of the country against the indifference, if not actual hostility, which Congress has shown toward the reasonable and righteous measures proposed by the workers for the safeguarding of their rights and interests.

In the name of labor we now urge upon Congress the necessity for immediate action for relief from the most grave and momentous situation which has ever confronted the working people of this country. This crisis has been brought about by the application by the Supreme Court of the United States of the Sherman antitrust law to the workers both organized and in their individual capacity.

Labor and the people generally look askance at the invasion of the court upon the prerogatives of the law-making and executive departments of our Government.

The workers feel that Congress itself must share our chagrin and sense of injustice when the courts exhibit an utter disregard for the real intent and purpose of laws enacted to safeguard and protect the workers in the exercise of their normal activities. There is something

ominous in the ironic manner in which the courts guarantee to workers:

The "right" to be maimed and killed without liability to the employer;

The "right" to be discharged for belonging to a union;

The "right" to work as many hours as employers please and under any conditions which they may impose.

Labor is justly indignant at the bestowal or guaranteeing of these worthless and academic "rights" by the courts, which in the same breath deny and forbid to the workers the practical and necessary protection of laws which define and safeguard their rights and liberties and the exercise of them individually or in association.

The most recent perversion of the intent of a law by the judiciary has been the Supreme Court decision in the Hatters' case, by which the Sherman antitrust law has been made to apply to labor, although it was an accepted fact that Congress did not intend the law to so apply and might even have specifically exempted labor but for the fear that the Supreme Court might construe such an affirmative provision to be unconstitutional.

The workers earnestly urge Congress to cooperate with them in the upbuilding and educating of a public sentiment which will confine the judiciary to its proper function, which is certainly not that of placing a construction upon a law the very opposite of the plain intent of Congress, thus rendering worthless even the very moderate efforts which Congress has so far put forth to define the status of the most important, numerous, and patriotic of our people-the wage-workers, the producers of all wealth.

We contend that equity, power, and jurisdiction, discretionary government by the judiciary for well-defined purposes and within specific limitations, granted to the courts by the Constitution, has been so extended that it is invading the field of government by law and endangering individual liberty.

As government by equity, personal government, advances, republican government, government by law, recedes.

We favor enactment of laws which shall restrict the jurisdiction of courts of equity to property and property rights and shall so define property and property rights that neither directly nor indirectly shall there be held to be any property or property rights in the labor or labor power of any person or persons.

The feeling of restless apprehension with which the workers view the apathy of Congress is accentuated by the recent decision of the Supreme Court.

By the wrongful application of the injunction by the lower courts the workers have been forbidden the right of free press and free speech, and the Supreme Court in the Hatters' case, while not directly prohibiting the exercise of these rights, yet so applies the Sherman law to labor that acts involving the use of free press and free speech, and hitherto assumed to be lawful, now become evidence upon which triple damages may be collected and fine and imprisonment added as a part of the penalty.

Indeed, the decision goes so far as to hold the agreements of unions with employers, to maintain industrial peace, to be "conspiracies" and the evidence of unlawful combinations in restraint of trade and commerce, thus effectually throttling labor by penalizing as criminal the exercise of its normal, peaceful rights and activities. The fact that

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