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PERPETUAL CARE OF HURON CEMETERY.

APRIL 1, 1916.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. STEPHENS of Texas, from the Committee on Indian Affairs, submitted the following

REPORT.

[To accompany H. R. 10989.]

The Committee on Indian Affairs, to whom was referred the bill H. R. 10989, being a bill making an appropriation for the preservation, improvement, and perpetual care of Huron Cemetery, a burial place of the Wyandotte Indians, in the city of Kansas City, Kans., having carefully considered the same, recommends that the bill be amended, and that as so amended the bill do pass.

Amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

That the sum of $20,000, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the preservation and improvement of Huron Cemetery, a tract of land in the city of Kansas City, Kansas, owned by the Government of the United States, the use of which was conveyed by treaty to the Wyandotte Tribe of Indians as a cemetery for the members of said tribe: Provided, That the authorities of Kansas City, Kansas, will construct and maintain all necessary retaining or outside walls along all the boundaries of said cemetery abutting on streets: And provided further, That said tract shall remain perpetually as a cemetery exclusively for the use of the Wyandotte Tribe of Indians and their descendants, and the right of burial in said cemetery for any Indian of the Wyandotte Tribe, or any descendant of said tribe, shall not be infringed.

The bill as amended will read as follows:

H. R 10989, Sixty-fourth Congress, first session.]

A Bill Making appropriation for the preservation, improvement, and perpetual care of Huron Cemetery, a burial place of the Wyandotte Indians, in the city of Kansas City, Kansas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of $20,000, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the preservation and improvement of Huron Cemetery, a tract of land in the city of Kansas City, Kansas, owned by the Government of the United States, the for the members of said tribe: Provided, That the authorities of Kansas City, Kansas, conveyed by treaty to the Wyandotte Tribe of Indians as a cemetery will construct and maintain all necessary retaining or outside walls along all the boun

use of which was

daries of said cemetery abutting on streets: And provided further, That said tract shall remain perpetually as a cemetery exclusively for the use of the Wyandotte Tribe of Indians and their descendants, and the right of burial in said cemetery for any Indian of the Wyandotte Tribe, or any descendant of said tribe, shall not be infringed.

The following letter of the Secretary of the Interior explains the purpose for the legislation and the favorable attitude of the Interior Department toward the same, and is hereby made a part of this report:

DEPARTMENT OF THE INTERIOR,
Washington, March 13, 1916.

MY DEAR MR. STEPHENS: I am in receipt for report, by your reference of February 11, 1916, of H. R. 10989, a bill making appropriation for the preservation, improvement, and perpetual care of Huron Cemetery, a burial place of the Wyandotte Indians, in the city of Kansas City, Kans.

By article 2 of the treaty of January 31, 1855 (10 Stats., 1159-1160), the Wyandotte Nation ceded and relinquished to the United States all their right, title, and interest in and to a certain tract in the fork of the Missouri and Kansas Rivers which was pur chased by them from the Delaware Indians, but expressly excepted from said cession the lands embraced in the cemetery grounds, which by the terms of the treaty were permanently reserved and appropriated as a burial ground for the Wyandotte Indians The act of June 21, 1906 (34 Stats., 348–349), authorized the Secretary of the Interior to sell and convey the lands embraced in the cemetery under such rules and regulations as he might prescribe, and also conferred authority for the removal of the remains of persons interred therein and their reinterment in the Wyandotte Cemetery at Quindaro, Kans. Subsequently a commission was appointed to appraise the land and to sell it to the highest bidder for cash. The commission was later dismissed without effecting a sale, and the act of June 21, 1906, supra, authorizing the sale was repealed by the act of February 13, 1913. (37 Stats., 668.)

Inasmuch as the bill under consideration proposes to improve, preserve, and perpetually care for the cemetery grounds which were set apart for the Wyandotte Indians by the treaty of 1855, I am in favor of an appropriation being made for this purpose, but suggest that the amount authorized be not more than $25,000. I am also of the opinion that the people of Kansas City should share in the expense of the improvement of the grounds, for the reason that it is located in the heart of the city and the city will naturally be benefited if the cemetery is improved and cared for as proposed. do not think. however, that the bill should carry a continuing appropriation of $500 annually or any other sum.

I therefore suggest that the bill be amended by inserting $25,000 in lieu of $50,000 in line 3. and that all after the word "tribe" in line 10 be eliminated and in lieu thereof the following substituted:

"Provided, That the authorities of Kansas City, Kan., will construct and maintain all necessary retaining or outside walls."

Cordially, yours,

Hon. JOHN H. STEPHENS,

FRANKLIN K. LANE, Secretary.

Chairman Committee on Indian Affairs, House of Representatives.

O

CONGRESS,

CONGRESS,

EXCHANGE OF LANDS WITH THE STATE OF NORTH

DAKOTA.

APRIL 1, 1916.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. SINNOTT, from the Committee on the Public Lands, submitted the following REPORT.

[To accompany H. R. 393.]

The Committee on the Public Lands, to which was referred the bill (H. R. 393) to authorize an exchange of lands with the State of North Dakota for promotion of experiments in dry-land agriculture, and for other purposes, having had the same under consideration, beg leave to report it back to the House with the following amendments: Amend, on page 1, line 5, by striking out the words "January twenty-sixth" and substituting in lieu thereof "February fifth." Amend, on page 1, line 10, by inserting, after the word "vacant," the words "surveyed, unreserved"; and when so amended recommends that the bill do pass.

The bill as amended will read as follows:

A Bill (H. R. 393) to authorize an exchange of lands with the State of North Dakota for promotion of experiments in dry-land agriculture, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That upon receipt of a proper deed from the State of North Dakota, executed under authority of the act of its legislative assembly, approved February fifth, nineteen hundred and fifteen, reconveying to the United States title to section sixteen, township one hundred and thirty-eight north, range eighty-one west, fifth principal meridian, the Secretary of the Interior is authorized to issue patents to said State for such vacant, surveyed, unreserved, unoccupied, nonmineral public lands as may be selected by said State within its boundaries, not exceeding one thousand two hundred and eighty acres in aggregate area, and said section when so reconveyed shall not be subject to settlement, location, entry, or selection under the public-land laws, but shall be reserved for the use of the Department of Agriculture in carrying on experiments in dry-land agriculture at the Northern Great Plains Field Station, Mandan, North Dakota.

This bill provides for an exchange of land between the State of North Dakota and the United States. Section 16, township 138 north, range 81 west, fifth principal meridian, the land the title to which is to be reconveyed by the State of North Dakota to the United States, is located about 2 miles south of the Northern Great Plains Field

HR-64-1-vol 2-14

Station, near Mandan, N. Dak. The Department of Agriculture has found that it will be necessary to have an additional section of land in order to carry out successfully its experiments in dry-land agriculture. The Legislative Assembly of North Dakota, desiring to encourage the work being done by the Government at the Northern Great Plains Field Station, in accordance with the request of the superintendent of the Northern Great Plains Field Station, on February 5, 1915, passed the following bill:

SENATE BILL No. 43, INTRODUced by Mr. Martin.

A Bill For authorizing the Board of University and School Lands of the State of North Dakota to deed to the United States Government section 16, township 138 north, range 81 west of the fifth principal meridian.

Be it enacted by the Legislative Assembly of the State of North Dakota: SECTION 1. That the Board of University and School Lands of the State of North Dakota are hereby authorized to patent to the United States Government section sixteen, township one hundred and thirty-eight north, of range eighty-one west, of the fifth principal meridian: Provided, That the United States Government shall authorize and empower the Board of University and School Lands of the State of North Dakota to select from vacant public lands within the State of North Dakota lieu lands in exchange for said section: And provided further, That as the vacant public lands remaining in North Dakota are rough lands and of much less value than the lands proposed to be patented to the United States Government that therefore the United States Government shall in exchange for the section of land as proposed give to the State of North Dakota not less than two sections of land.

SEC. 2 (emergency). Whereas it is necessary to have this section of land patented to the United States Government as soon as possible, therefore this act shall take effect immediately upon its passage and approval.

In a letter dated February 12, 1915, to Representative Norton of North Dakota, the Secretary of Agriculture, Mr. Houston, states the following:

The department is advised by Mr. W. A. Peterson, superintendent of the Northern Great Plains Field Station, at Mandan, N. Dak., that the governor of the State of North Dakota, on January 26, 1915, approved an act of the legislative assembly, authorizing the Board of University and School Lands to deed to the United States section 16, township 138 north, range 81 west, fifth principal meridian, which is necessary for the use of this department to enable it to carry out successfully its experiments in dry-land agriculture at the field station above named. The proposed exchange is conditioned upon the consent of the United States to the State's selection of two sections of public land within the State, in lieu of the land above described. Mr. Peterson advises the department that since, as stated in the act of the assembly, the vacant public lands in the State are rough and less valuable than the section in question, the State's proposition is very reasonable and the exchange would be very advantageous to the United States.

It appears that the land in said section 16, township 138, range 81 west, fifth principal meridian, is worth about $30 an acre. The very best of the unappropriated public lands now remaining in North Dakota are worth considerably less than $15 an acre.

The bill has the approval of both the Secretary of the Interior and the Secretary of Agriculture, as shown by the following letters addressed to the chairman of the committee:

Hon. SCOTT FERRIS,

DEPARTMENT OF AGRICULTURE,
Washington, February 7, 1916.

Chairman Committee on the Public Lands, House of Representatives.

DEAR MR. FERRIS: I have your letter of January 27 transmitting a copy of H. R. 393, "Aill to authorize an exchange of lands with the State of North Dakota for promotion of experiments in dry-land agriculture, and for other purposes," and requesting a report thereon,

This bill is identical with H. R. 21450, introduced in the House on February 13, 1915. An examination of the laws of North Dakota shows that the act referred to in the bill was approved on February 5, 1915, instead of January 26, 1916. It is suggested, therefore, that the bill be changed accordingly.

When the above change shall have been made the bill will then be identical with Senate bill S. 592, introduced in the Senate December 7, 1915, by Mr. Gronna, with the exception that the words "surveyed" and "unreserved" appear in the Senate I ill in line 10 between the words "vacant" and "unoccupied." It is suggested that this change be made in H. R. 393, so that the two bills now before Congress will be identical. The addition of these words will not materially affect the purposes of the I ill; they simply restrict the class of land from which selection may be made.

The Legislature of North Dakota passed an act authorizing the Board of University and School Lands of the State of North Dakota to deed to the United States Government section 16, township 138 north, range 81 west, fifth principal meridian. The act was approved February 5, 1915, and was conditioned upon the United States authorizing the board to select from vacant public lands within the State lieu lands in exchange for the section. The department now has two leases covering separate portions of the section, one of which will expire on March 31, 1916, and the other on June 30. 1916. The latter, however, is renewable to June 30, 1919. The land in question is needed by the department in connection with certain work now being conducted at the Northern Great Plains Field Station, Mandan, N. Dak. The work is investigational in character and it is very important that the land should be under the control of the department, so that it may continue for a long period without interruption; otherwise much of the value of the work would be lost.

H. R. 21450 was approved by the department and referred by it to the Department of the Interior for consideration. I am inclosing herewith a copy of the letter, dated February 11, 1915, of the Assistant Secretary of the Interior, indicating his approval of the proposed legislation. In view of the fact that S. 592 is substantially similar to H. R. 21450, the department recommends its approval by the Congress.

Very truly, yours,

(Copy.)

D. F. HOUSTON, Secretary,

DEPARTMENT OF THE INTerior,
Washington, February 11, 1915.

DEAR MR. SECRETARY: The Commissioner of the General Land Office has advised me of a recent conference with Prof. E. C. Chilcott, agriculturist in charge of dryland agriculture investigations, Bureau of Plant Industry, your department, who was introduced by Mr. Taylor, chief of that bureau, in relation to certain proposed legislation whereby the State of North Dakota will be authorized to select 2 sections of public lands in lieu of 1 section to be deeded by the State to the United States for the use of the Department of Agriculture.

The purpose of the proposed legislation, as explained by Prof. Chilcott, is commendable, and I can see no objection to favorable action by Congress. The papers left with the commissioner by Prof. Chilcott have been filed and you may be assured the matter will be given prompt attention when report is requested by Congress.

Cordially, yours,

The SECRETAry of Agriculture.

A. A. JONES, First Assistant Secretary.

DEPARTMENT OF THE INTERIOR,
Washington, February 10, 1916.

Hon. SCOTT FERRIS,

Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. FERRIS: I am in receipt of the request of your committee for report on House bill 393, entitled “A bill to authorize an exchange of lands with the State of North Dakota for promotion of experiments in dry-land agriculture, and for other purposes."

In response, I have to state that the provisions of this bill are identical with those of Senate bill 592, upon which I submitted report under date of January 7, 1916, copies of which are herewith inclosed.

Cordially, yours,

FRANKLIN K. LANE, Secretary

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