A-363. Edward R. Hurlburt, West Salamanca, October 13, 1900, $1.50. 55 Agency records indicate lease canceled and property covered by A-431 issued to Max Andrews December 19, 1921, at same rate, rental to begin February 19, 1923. No record as to when A-363 was abandoned and what rentals, if any, were due and unpaid for period October 13, 1900, to February 19, 1921. A-371. D. S. Hogan, Salamanca, January 13, 1903, $4. Rental paid to 1911. Agency records show lease voided, but it is not stated when voided and what rentals, if any, were due and unpaid at such time, nor is it stated what subsequent disposition was made of the property. A 386, 387, and 388. Morris Shear, Carrollton, September 19, 1907, $15. Lease covers two parcels of land with rights to bore for oil and gas, pipe-line It is not known privileges, and permit to cut timber for derricks, etc. Rental collections made for 1907, 1908, and 1909. Agency records show lease abandoned. when abandoned nor whether any rentals were due and unpaid at such time. A-417. Sidney S. Banton, Carrollton, October 10, 1918, $3. Supplants B-163 (Christine Boser). Paid $3 for 1920; no further collections. Agency records show property surrendered on account of lease rate being in dispute. Banton says rate should be $1.50. Not determined what rental, if any, was due at time property was surrendered. A-418. Sidney S. Banton, Carrollton, October 10, 1918, $2.50. No collections. Agency records indicate Supplants B-189 (Christine Boser). property surrendered on account of rate being in dispute. Banton contends rate should be $1.50. Not determined what, if any, amount due at time lease was surrendered. B-163. Christine Boser, Carrollton, April 28, 1892, $3. Rentals were paid through 1906; no collections thereafter. Agency records indicate property was covered by a new lease, A-417, to Sidney Banton, October 10, 1918. Question is raised as to whether property abandoned under B-163 during period 1907 to 1918, inclusive, and what, if any, rentals were due at time of abandonment. B-165. Thomas Freaney, Carrollton, April 28, 1892, $2. No collections Indian cash records reflect collection of rentals through 1901. were ever made by agent. Agency records indicate property was included under a new lease, A-422, June 12, 1919, to Rufus W. Talbert, at $5. Question is raised whether property was abandoned under B-165 during period 1902 to 1919, inclusive, and whether any rental was due and unpaid at such time. B-189-1. Christine Boser, Carrollton, $2.50. Agency records indicate Last payment was made June 5, 1905, for year 1906. property covered by a new lease, A-418, October 10, 1918, to Sidney Banton. Question is raised as to when property was abandoned by Boser and whether any rentals were due and unpaid during period 1907 to 1918, inclusive. B-189-2. Andrew Vice, Carrollton, $1.50. No collections have Indian lease lists indicate six years rental due to 1902. Question is ever been made by the agent. Property may have been abandoned and covered subsequently by a new lease, but agency records do not so indicate. raised as to how much, if any, rentals were due and unpaid for period 1897 to 1931. B-263. Florency A. Hunt, Salamanca, August 8, 1895, $3. No record of any collections prior to 1902. Not included in Indian lease lists. Explanation necessary why lease not operative during years 1896 to 1901, inclusive. B-266. C. W. Darnell, Carrollton, December 3, 1896, $100. Lease not included in Indian Lease paid at above rate for years 1897 and 1898. lease lists for 1901. Agency records indicate this lease canceled and the property together with that covered by another Darnell lease, A-322 ($3.50), covered by a new lease, A-340, to Charles Nies and O. S. Vreeland, May 6, 1897, at $35. Rentals on latter lease begin with year 1899. Due to big decrease in rental rate, agency records should be verified. C-202. H. A. Ostrander, Great Valley, April 29, 1892, $90. Lease covers about 100 acres, canceled in 1911, and a new lease was issued to same lessee, C-258, April 19, 1911, at a new rate of $60. Payments at $90 made to February 19, 1910, on former lease and continued at $60 from that date under new lease. D-24. John Quilter, Salamanca, February 19, 1892, $1.50. Rent paid for first year only. Lease not included in Indian lease lists for 1901 to 1902. Agency records indicate lease covers plot 25 by 212 feet used as a street. This record should be verified. Salamanca, $1.50. D-243. Harvey and Maloney, Rentals paid through 1915. Agency records indicate property now used as a street by sublessees under B-71 (Peter Brehm) and E-200 (Harvey and Maloney). Beginning with 1917 the rentals on subdivisions under the two active leases exceeded the original amount of the three leases. D-285. Bridget Welsh, Carrollton, April 28, 1892, $2. Indian lease lists show $7 due to 1902. No collections ever made by agent. Agent's copy of lease bears notation under date of June 27, 1919 "Canceled. New lease to R. Tolbert, A-422". Latter lease issued under date of June 12, 1919. There is no information as to date lease was abandoned nor amount of rentals due, if any, at time of abandonment. E-13-3, 4, and 5. L. L. Deck. Under date of September 29, 1913, agent collected rental for property, as follows: The Payments were continued at same rates through 1924, none thereafter. above-mentioned properties do not appear to be a part of E-31, which lease was originally issued to Mary Fitts, April 14, 1892, at $8. Full rental has been paid thereon without reference to the Deck payments and is now being paid by W. H. Hazard. There was a part listed on statement of property sold by Fitts and Kent (C-101) described as 29 feet east of Deck's house, north side of Broad Street, sold to L. L. Deck, which part can not be identified among subdivisions under C-101. The question is raised as to proper lease under which these three parts should be listed and whether rentals have been paid subsequent to 1924. They do not appear on the agent's delinquency list and have not been listed as delinquent in this report. E-47. C. E. Gallagher, Salamanca, April 18, 1892, $4. Rentals paid through 1912, period 1902 to 1912 being paid by Peter Zurcher under date of December 23, 1911. Agency records show lease marked void, property covered by B-272. This latter lease was issued to Emil Hendrick, December 21, 1911, at $1.50, first payment being made for 1913. Explanation as to reason for reduction in rate is not given. E-49. C. E. Gallagher, April 18, 1892, Salamanca, $2. First payment made for 1893, none thereafter. Agency records indicate lessee unknown, not listed as delinquent. It should be determined whether property is covered by a later lease and how much, if any, rentals are due under this lease. E-221. Emma H. Babcock, Salamanca, April 29, 1892, $8.50. According to Indian lease lists, 1901 to 1902, this property appears to have been subdivided as follows: Peter Zurcher. $4.00 3. 50 2.00 According to agency records, the part transferred to Mrs. Bemis was covered by a new lease to her, A-351, April, 1898, on which collections have been made from 1900 to date. Rental payments on the part transferred to Peter Zurcher have been continued to date under the original lease number. The Indian lease list (1901) bore notation in connection with part shown as transferred to Cattaraugus County "assigned to Bemis." No collections have ever been made by agent on this part under the original lease number and it can not be identified under any other lease number. It is possible that the lease A-351, issued to cover the $2 part taken over by Mrs. Bemis, has been presumed to cover the $3.50 portion as well—if so, this involves a reduction in the original lease rate. E-225. Margaret Farquaharson, Salamanca, April 30, 1892, $39.50. This lease was subdivided and a portion transferred to Louis Torge, who obtained a new lease to cover same, A-330, April 13, 1895, at $20. A portion was also transferred to Frank Newton at $5 on which the rental has been paid from 1896 to date. At time the Indian lease lists were turned over to the agent in 1902, the original lessee was paying rental at the rate of $9.50 on the retained portion of the original lease. The payments at $9.50 were continued through 1913-no collections have been accounted for since, though this lease has not been listed as delinquent by the agent. The three pieces referred to in the foregoing account for only $34.50 of the amount of the original lease. Neither Indian lease lists nor agency records show explanation of $5 difference between amount of the original lease and sum of rentals collected under the three subdivisions. E-245. George Finnacan, Carrollton, May 7, 1892, $2. Indian lease lists show rental due for three years to 1902. No collections were ever made by the agent. Agency records show lessee deceased, lease canceled, and property included in a new lease, A-422, June 12, 1919, on which payment started at the rate of $5 for year 1920. It is undetermined what rentals were due and unpaid, if any, at time property was recovered from Finnacan or his estate-not listed as delinquent. SPECIAL LEASES The following were evidently short-term leases continuing from the 12-year period. Indian cash records reflect collection of rentals for period shown and at rates indicated. No copies of leases were available, and it could not be determined when properties were actually recovered and whether any rentals were due and unpaid at that time. Allegany & Kinzean Railroad Co. paid rental at $25, 1889 to 1895, inclusive. John Armstrong (Oil Springs Reservation) paid rental at $10, 1888 to 1898, inclusive. Bemis & Son paid rental at $30, 1889 to 1899, inclusive. James C. Brown (Oil Springs Reservation) paid rental at $130, 1879 to 1897, inclusive. Eliza Crane paid rental at $6.50, 1887 to 1897, inclusive. M. Quinn paid rental at $10, 1892 to 1894, inclusive. M. Quinn paid rental at $5, 1893 to 1895, inclusive. J. H. Grimes, $25. Lease paid through 1904. Agency records indicate lease surrendered, but there is no record as to exact date of surrender and it can not be determined whether there were any rentals due and unpaid at that time. James Maloney, $130. Lease covers Oil Springs Reservation farm. This is the same farm on which rentals were collected to 1897 from James C. Brown (listed in foregoing). Rentals on this lease commenced with 1902. No collection was made by agent for period November 1, 1911, to November 1, 1913; rental credited by action of Indian Council in exchange for improvements made by lessee to farm buildings. Rental for this period has been treated in statement of rentals, Exhibit B, as received directly by the Indians and expended by them on improvements to Seneca Nation property. This action by the Indian Council was in violation of the act of February 28, 1901, which requires that all rentals arising from leasing of lands within the three reservations be paid to the agent. In this case the cost of improvements should have been refunded to the lessee by the Indians from the $2,500 paid over to the council each year by the agent or from any other moneys the council might have on hand. Ralph H. Thrall, $150. The Maloney lease treated in foregoing was taken over by Thrall at rate of $150. Thrall made two payments to agent each in amount of $75 for application to rental due for 1923; payments made under dates April 18, 1923 and March 27, 1924. No further collections have been made by the agent. By action of the Indian council, Thrall was given a paid-up lease for 12 years for period March 27, 1923, to March 27, 1935, in consideration of $150 paid to agent, $154 paid to Indian council, and $1,496 expended for improvements on house and barn on the leased property. Rental for period 1924 to 1931 has been treated in statement of rentals, Exhibit B, as a direct collection by the Indians. As stated in connection with a similar transaction during the time J. C. Maloney held the property, this action on the part of the Indian council is in violation of the act of February 28, 1901, in that it diverts rental revenues that are supposed to be collected by the agent and paid back to the Indians pro rata to a purpose for which general funds in the Indian treasury should be used. New York & Pennsylvania Telephone & Telegraph Co., $100. Agent made collection for 1902 only. Agents records show lease surrendered. No copy of lease on file and there is no information as to the exact date lease was surrendered, and it is not known whether any rentals were due and unpaid at the time. John O'Brien, $5. Rentals collected by agent for years 1905 to 1909, inclusive; none thereafter. Agent's records show lease expired. No copy of lease available and no means of determining whether any rentals were due and unpaid at time the property was recovered. J. W. Peglow, $50. Collection of $50, December 9, 1913, accounted for by Agent Murphy as rental collection on a special lease. Present agent has no record of a lease issued to J. W. Peglow. This payment has been listed as a special lease collection for the one year only. It is not known whether there were any other rentals due and uncollected on same lease. Frank Ulrich, sr., $90. Agent collected rental for years 1925 and 1926 and interest for year 1927. The property covered by this lease is a Seneca Nation farm which was sold to Spill Snyder, a Seneca Indian, for $400, payments to be made directly to the treasurer of the Seneca Nation. The first payment was made November 13, 1929. The agent was not furnished with details of this transaction and still carries the lease in name of Frank Ulrich, with rental shown as being in arrears from 1927 to date. In statement of lease rentals, Exhibit B, this lease is shown in active status and in arrears for rental year to February 19, 1927, as interest was paid for that year though lease rental remains uncollected. It is not known just when the farm was surrendered by Ulrich nor whether there are any further rentals due and unpaid. United Natural Gas Co., $500. Rentals were collected for five years, January 12, 1901, to January 12, 1905. Agency records show lease surrendered. There is no copy of lease available and date property was relinquished not shown. It could not be determined whether there were any rentals due and unpaid at that time. О VETO MESSAGE RELATING TO CLAIMS OF CERTAIN BANDS OR TRIBES OF INDIANS IN THE STATE OF OREGON MESSAGE FROM THE PRESIDENT OF THE UNITED STATES RETURNING WITHOUT APPROVAL THE BILL (S. 826) ENTITLED "AN ACT CONFERRING JURISDICTION UPON THE COURT OF CLAIMS TO HEAR AND DETERMINE CLAIMS OF CERTAIN BANDS OR TRIBES OF INDIANS RESIDING IN THE STATE OF OREGON APRIL 29, 1932.-Read; referred to the Committee on Indian Affairs and ordered to be printed To the Senate: I am returning herewith Senate bill 826, "An act conferring jurisdiction upon the Court of Claims to hear and determine claims of certain bands or tribes of Indians residing in the State of Oregon," without my approval. The bill limits the claims which can be presented to those "arising under or growing out of any treaty, agreement, act of Congress, Executive order," and then throws the door wide open by adding "or otherwise." I can not assent to the proposition that the Government should be obligated after 75 years to defend a suit for unknown claims of such ancient origin and for persons long since dead not based upon any treaty, agreement, act of Congress, or Executive order. I want full justice for our Indian wards, and would have no objection to the presentation of claims arising under the treaties named in the bill, both ratified and unratified treaties. I am advised, however, that all funds promised to these Indians under the ratified treaties have been appropriated and paid, and that lands were set aside for and occupied by the Indians who were parties to the unratified treaties. I am further constrained to this action at a time when the Government can not assume additional and unknown burdens of expenditure. THE WHITE HOUSE, April 25, 1932. HERBERT HOOVER. [S. 826. Seventy-second Congress of the United States of America; at the first session, begun and held at the city of Washington on Monday, the seventh day of December, one thousand nine hundred and thirty-one] An Act conferring jurisdiction upon the Court of Claims to hear and determine claims of certain bands or tribes of Indians residing in the State of Oregon Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred on the Court of Claims, with the right of appeal to the Supreme Court of the United |