the Lac du Flambeau Agency a list of the 44 allotments upon which the Flambeau Lumber Co. has requested renewals. You will also be able to ascertain at the agency every allotment as to which there has been any difference of opinion between the superintendent and the contractor as to the amount of mechantable timber upon the same.

You will at once proceed to the work of determining the amount of standing and fallen merchantable timber upon every allotment on the reservation for which the Flambeau Lumber Co. has not asked a renewal and upon which there is any timber that could have been classed as merchantable at the time the allotment was logged, or which is merchantable at the present time, if the allotment has never been logged by the Flambeau Lumber Co. The office has to-day recommended to the department the appointment of a lumberman to assist you and the authorization of three compassmen. An attempt will be

made to secure an additional estimator if you and the superintendent shall decide that one is necessary. You will proceed at once to the work of making these estimates, since it may be some time before the other employees are appointed and report for work.

If for any reason the contractor shall fail to sign the extensions for any of those allotments covered by the list of 44, you will examine these to ascertain how much, if any, merchantable timber is left upon the same. The office understands that Superintendent Sickels is making arrangements for the renewals, and you will probably be able to secure all information at his office. However, if necessary, you will consult the Flambeau Lumber Co. The office wishes to impress upon you the necessity of an early and careful estimate of the timber on all allotments not covered by contracts and for which the contractor does not now stand ready to make renewals. You will be in charge of the work and the office will look to you for reliability of all estimates.

Keep the office advised at all times of the progress of the work.

Respectfully,

C. F. HAUKE, Second Assistant Commissioner.

DEPARTMENT OF THE INTERIOR,

UNITED STATES INDIAN SERVICE,

Lac du Flambeau, Wis., August 15, 1911.

Washington, D. C.

The COMMISSIONER OF INDIAN AFFAIRS,

DEAR SIR: Your received.

Field-Forestry 68820.1911, J. P. K." letter of August 9 1s

I have already begun such work as I can best do alone, such as running lines, locating quarter and section corners. As soon as I can have a compassman I will begin the estimate, for it is almost impossible to make an estimate alone, owing to the thick growth of underbrush.

In regard to the appointment of a lumberman and the authorization of three compassmen to assist me, would say that one compassman is sufficient to work a crew of two estimators under the "strip" system, which I consider best for this class of work, an estimator working from 20 to 40 rods each side of the compassman, according to the thickness of the vegetation. So, unless you

desire to use more than one crew of estimators, I will only need one good compassman.

I will carry out the instructions contained in your letter to the best of my ability.

Respectfully,

MARK L. BURNS,

Lumberman.

AUGUST 16, 1911.

Mr. WILLIAM N. SICKELS,

Superintendent Lac du Flambeau Indian School,

Lac du Flambeau, Wis.

SIR: On August 9, 1911, the office transmitted to you a copy of office letter of August 3, 1911, to the Flambeau Lumber Co. in regard to the extension of their bond to cover contract renewals. In accordance with that letter you are doubtless making every effort to secure the signatures of allottees to renewals as promptly as possible.

You were also advised on August 9 as to the purpose of the office to have estimates made of the timber standing upon all allotments upon which the contractor does not stand ready to make formal renewals.

It is unnecessary to incur the expense of making an estimate upon any allotment as to which the contractor will make a renewal. You will obtain the consent of allottees to formal renewals in every case that you possibly can and present these to the contractor for his signature. If he shall refuse to make a renewal in the regular form as to any particular allotment, it will then be necessary to have an accurate estimate of the timber made. The contractor does not maintain that the list of requested renewals accompanying his letter of January 16, 1911, to this office covers absolutely every allotment as to which a formal renewal should be made. It is believed that you will find him quite ready to make renewals on any allotment which his assistants may have overlooked in making up this list. It is desired that you make an especial effort to ascertain every allotment as to which a renewal should be made and secure the formal consent of the allottee or the heirs to a renewal. Respectfully,

C. F. HAUKE,

Second Assistant Commissioner.

DEPARTMENT OF THE INTERIOR,

UNITED STATES INDIAN SERVICE,

Lac du Flambeau, Wis., September 2, 1911.

The COMMISSIONER OF INDIAN AFFAIRS,

Washington, D. Č.

DEAR SIR: Reporting progress of work on the Lac du Flambeau Indian Reservation.

Up to August 22 I did such work as I could do alone, such as running lines, locating section corners, etc. On that date I secured the services of a compass man and immediately commenced the work of looking over the cut-over lands, beginning in the NW. corner in T. 41 N., R. 4 E., and completing that township this week. The progress made in this township was very slow, due to the fact that section lines and section corners were in a good many cases entirely obliterated by forest fires.

The amount of timber found on the cut-over land on this township was very small, it being scattered and badly burned and of inferior quality. The cost of logging would be more than the timber is worth.

I will continue with the work as rapidly as possible.
Very respectfully,

MARK L. BURNS, Lumberman.

DEPARTMENT OF THE INTERIOR,
UNITED STATES INDIAN SERVICE,
Lac du Flambeau, Wis., October 9, 1911.

The COMMISSIONER OF INDIAN AFFAIRS,

Washington, D. C.

DEAR SIR: Acting under instructions contained in your “Field-Forestry 68820-1911, J. P. K." letter of August 9. 1911, I have made a careful examination of all cut-over lands on the Lac du Flambeau Indian Reservation, and have the honor to submit the following report:

I inclose herewith a descriptive list showing the amount and location in 40acre tracts of the different species of timber still remaining upon allotments reported cut over and upon which no renewals have been asked. In addition to this timber there is on the S. of the NW., sec. 19, T. 41 N., R. 6 E., about 10,000 feet of merchantable red oak, and on the SW. of the SE., sec. 10, and the NW. of the NE. 1, sec. 15, T. 41 N., R. 4 E., there are about 300 cords of spruce pulp wood.

In a good many instances I found section lines very faulty, which were run by the Lac du Flambeau Lumber Co. This is apparently caused by running random lines and making no corrections. MARK L. BURNS, Lumberman.

Very respectfully,

Mr. WILLIAM N. SICKLES,

Superintendent Lac du Flambeau Indian School,

Lac du Flambeau, Wis.

SIR: The office has received a report from Mark L. Burns, lumberman, upon work performed by him in accordance with office instructions of August 9, 1911, a copy of which was mailed to you on that date.

There is inclosed a sheet containing a schedule of all the 40-acre tracts reported cut over and upon which no renewals have been asked by the Flambeau Lumber Co., together with an estimate of the amount of merchantable timber upon each. In the column at the left of the sheet is given the number of the contract covering each 40. These contract numbers do not in all instances accord with the allotment numbers, but it is believed they do accord with the numbers used by the contractor.

You will note that 27 different allotments are represented on this schedule. You will also observe that the SE. of SW. of sec. 27, T. 41 N., R. 4 E.,

reported by Mr. Burns as containing 5,000 feet of white pine, is swamp land, which has never been patented to an allottee; also that the SW. of the SE. { and SE. of SE. of sec. 16, T. 41 N., R. 5 E., reported by Mr. Burns as having 44,000 feet of hemlock and 2,000 feet of birch, have never been allotted. The total amounts of timber reported by Mr. Burns, which is actually upon allotments, are 33,000 feet of white pine, 46,000 feet of Norway pine, 1,060,000 feet of hemlock, and 214,000 feet of birch, or 1,353,000 feet of all species. All of these allottees, except Sam Whitefeather (contract No. 702), were given a right to contract under the regulations of September 28, 1892, at the old rates, their names being upon either the schedule approved by the President on September 28, 1892, or that approved on December 22, 1898. The Whitefeather contract, No. 702, for the SW. 4 of the SW. of sec. 26, T. 41 N., R. 4 E., was never approved for the reason that the other forty covered by this contract, which was the SE. of the SW. of sec. 27, T. 41, R. 4, was claimed by the State of Wisconsin as "swamp land. Some of these contracts were renewed with a specific agreement on the part of the contractor to pay the rates fixed on October 1, 1903. Some of the contracts were never renewed.

You were instructed by office letter of August 16, 1911, to obtain the consent of the allottees and the signature of the contractor to as many renewals as possible. You will at once request the contractor to make formal renewals of all the contracts covering the areas contained in the inclosed schedule, except the forty marked "swamp," the two forties marked "unallotted," and that covered by contract 702. If he shall decline to make any of them, you will report which ones he declines to renew and his reasons for such declination. You will also report fully as to all other renewals that have been signed by both the allottees and the contractor.

The amount of timber found by Mr. Burns is small, and it appears that arrangements should be speedily made under which renewals may be made of all contracts.

Please give this matter special attention and report fully at your earliest convenience. C. F. HAUKE, Second Assistant Commissioner.

Respectfully,

OCTOBER 17, 1911.

Mr. MARK L. BURNS,

Lumberman, Indian Service, Grand Portage, Minn.

SIR: The office has received your report of October 9, 1911, upon the timber which you found on allotments on the Lac du Flambeau Reservation which had been reported as cut over.

It is noted that the SE. of SW. † of sec. 27, T. 41 N., R. 4 E., which you reported as containing 5,000 feet of white pine, is swamp land, which has never been patented to an allottee, and that the SW. of SE. and SE. of SE. 4 of sec. 16, T. 41 N., R. 5 E., which you reported as containing 44,000 feet of hemlock and 2,000 feet of birch, are upon a so-called "school section," and have never been allotted. You reported 2,000 feet of pine on the SW. of the SW. of sec. 26, T. 41 N., R. 4 E. The contract for this forty was never approved for the reason that the other forty (SE. of SW. of sec. 27, T. 41 N., R. 4 E.) covered by the contract was swamp land, claimed by the State of Wisconsin.

Respectfully,

The COMMISSIONER OF INDIAN AFFAIRS,

C. F. HAUKE, Second Assistant Commissioner.

DEPARTMENT OF THE INTERIOR,
UNITED STATES INDIAN SERVICE,
Duluth, Minn., October 30, 1911.

Washington, D. C.

DEAR SIR: Replying to your "Field-Forestry 71906-1910 87283-1911, J. P. K." letter of October 17, 1911:

The SE. of the SW. 1, sec. 27, T. 41 N., R. 4 E., and the SW. of the SW. 4. sec. 26, T. 41 N., R. 4 E., did not show as swamp land on the map sent me by the office, but were marked as cut-over lands. I worked and reported on the entire reservation according to this map.

I did not know about the so-called "school section" until after I had sent in my report.

Very respectfully,

MARK L. BURNS, Lumberman.

CONSENT TO EXTENSION OF CONTRACTS OF J. H. CUSHWAY & CO. FOR TIMBER ON ALLOTMENTS OF LAC DU FLAMBEAU INDIANS.

Whereas Fred Herrick and Justus S. Stearns, composing the firm of J. H. Cushway & Co., of Ludington, Mich., as principals, and the American Surety Co. of New York, a corporation organized under the laws of the State of New York and having its principal office in the city of New York, as surety, did, heretofore, under date of October 9, 1905, execute a certain bond in the penal sum of $50,000, conditioned upon, and guaranteeing, the faithful performance of certain contracts for timber which had been made, or were to be made, by the said Fred Herrick and Justus S. Stearns, composing the firm of J. H. Cushway & Co., with Indians having allotments on the Lac du Flambeau Indian Rerservation, and the due observance of all regulations imposed by the Department of the Interior; and

Whereas on January 1, 1911, the extension contracts made under the authority of the Secretary of the Interior dated October 1, 1903, had expired and the timber had not all been removed from the allotments covered by such extensions; and Whereas the original contracts on certain allotments had expired or were about to expire on June 13, 1911, and the timber had not all been removed from the same; and Whereas since the execution of the original contracts and renewals above referred to the jurisdiction of timber matters on the Lac du Flambeau Reservation has been transferred from the United States Indian agent for the La Pointe Agency to the superintendent of the Lac du Flambeau Indian School; and

Whereas on June 13, 1911, an agreement was made between Fred Herrick, of J. H. Cushway & Co., William N. Sickels, Superintendent of the Lac du Flambeau Indian School, and J. P. Kinney, representing the Indian Office of the Department of the Interior, stipulating terms upon which renewals should be made; and Whereas in accordance with one of the terms of this stipulation the question of the rate which should be allowed for timber taken to cover advances made previous to the expiration of original contracts was submitted to the Department of the Interior; and Whereas on June 30, 1911, the Department of the Interior held that the prices established October 1, 1903, namely, $7 per thousand for white and Norway pine, $1.50 per thousand for hemlock, $4 per thousand for basswood, $2 per thousand for elm, $3 per thousand for maple, $2.50 per thousand for birch, and $6 per thousand for oak, should be charged for all timber cut under renewals made subsequent to December 31, 1910, whether covered by advances or not:

Now therefore be it known that we, Fred Herrick and Justus S. Stearns, composing the firm of J. H. Cushway & Co., and the American Surety Co. of New York, do hereby agree and consent to the extension of contracts for timber on allotments upon the Lac du Flambeau Indian Reservation in accordance with the conditions herein recited, and upon the terms stated in the letter of June 5, 1911, by the Acting Commissioner of Indian Affairs, the stipulation of June 13, 1911, the letter of the Acting Commissioner of Indian Affairs to the Secretary of the Interior of June 17, 1911, and the letter of the First Assistant Secretary of the Interior to the Commissioner of Indian Affairs, dated June 30, 1911, copies of which are attached hereto, and we hold ourselves, and each of us, our and each of our successors or assigns, jointly and severally, firmly bound under the bond of October 9, 1905, and the consent hereby given to a faithful performance of all contracts and agreements as herein set forth.

Signed and sealed this 1st day of September, 1911.

J. H. Cushman & Co., doing business under name of Flambeau Lumber Co. (seal), Lac du Flambeau, Wis.; Fred Herrick (seal), Lac du Flambeau, Wis.; J. S. Stearns (seal), Ludington, Mich.; J. C. Palmer, Lac du Flambeau, Wis.; F. H. Rilette, Lac du Flambeau, Wis.; Jane I. Burns, Ludington, Mich.; Mary Anderson, Ludington, Mich.; American Surety Company of New York (seal of surety company), by B. F. Bennett, resident vice president; attest, J. L. Mosher, resident assistant secretary.

DEPARTMENT OF THE INTERIOR,

Approved.

March 25, 1912.

SAMUEL ADAMS, First Assistant Secretary.