CLAIMS OF THE SEMINOLE INDIANS AGAINST THE UNITED STATES FRIDAY, APRIL 11, 1930 UNITED STATES SENATE, Washington, D. C. The committee met, pursuant to call of the chairman, at 10.30 o'clock a. m., in the Indian Affairs Committee room, 422 Senate Office Building, Senator Lynn J. Frazier presiding. (The committee had under consideration the following bill, which is here printed in full, as follows:) [S. 3041, Seventy-first Congress, second session] A BILL To amend the act entitled "An act conferring jurisdiction upon the Court of Claims to hear, examine, adjudicate, and enter judgment in any claims which the Seminole Indians may have against the United States, and for other purposes," approved May 20, 1924, as amended Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act conferring jurisdiction upon the Court of Claims to hear, examine, adjudicate, and enter judgment in any claims which the Seminole Indians may have against the United States, and for other purposes," approved May 20, 1924, as amended, is amended by adding at the end thereof the following new sections: "SEC. 8. The Seminoles, comprising those persons whose names are on the final allotment rolls of the Seminole Indian Nation in Oklahoma, are hereby authorized, for the use and benefit of such enrolled persons, their heirs and legal representatives, to institute proceedings at law or in equity in the United States District Court for the Eastern District of Oklahoma, under the title "The Seminoles," notwithstanding the lapse of time or any statute of limitation, to determine their right, title, and interest in and to any and all oil, gas, coal, or other minerals, now in or heretofore removed from the lands formerly held as the communal property of the Seminole Nation lying in Seminole County, State of Oklahoma, and which lands have been allotted in severalty to them or otherwise disposed of; and/or to intervene in any proceeding, legal or equitable, now pending or that may hereafter be instituted in any court of the United States involving the title to or ownership of such oil, gas, coal, or other minerals. "SEC. 9. The institution and prosecution, by and on behalf of the Seminoles aforesaid, in any such proceeding, notwithstanding any provision of law to the contrary, shall be by a committee consisting of Chili Fish, Allan Crain, Louis Fife, and Sampson B. Harjo, or their successors in office, for themselves and for all other enrolled Seminoles, their heirs and legal representatives, through attorneys selected by them. "SEC. 10. Service of summons may be had upon the defendants by publication in not less than two leading newspapers having a general circulation in Seminole County, Oklahoma, for four successive weeks, summoning the lessors, heir lessees, vendees, and other defendants, by name or by description. "SEC. 11. Upon the final conclusion of any proceeding under this amendatory act the United States District Court for the Eastern District of Oklahoma shall decree the compensation to be allowed the attorneys so employed for the services of said attorneys rendered prior or subsequent to the date of ap1 proval of this amendatory act: Provided, That the compensation so decreed for such services shall be as stipulated by the Seminoles, but not in excess of 10 per centum interest in any money or property recovered or accruing to the Seminoles aforesaid by reason of the successful prosecution of the suit or suits. 66 "SEC. 12. Such committee, with the approval of the Secretary of the Interior, for the purpose of paying court costs, office rent, clerical service, printing, stationery, traveling, and any other legitimate expenses, may use an amount not exceeding $9,000 per annum, to be drawn from Seminole funds in the hands of the United States; and the said amount, or so much thereof as may be required for such purposes, is hereby authorized to be expended and paid out of any such funds belonging to the Seminole Nation. "SEC. 13. In accordance with the request of the representatives of the Seminoles, authorized by resolutions heretofore submitted by them to Congress, it is hereby provided that, in the event the court shall find the oil, gas, coal, and other minerals, or royalties from leases, vested in the Seminoles as a graup, then all leases heretofore made by the Seminole allottees shall stand as the act of the Seminoles aforesaid and the Seminoles shall be subrogated in such leases as lessor and be entitled to the royalties without otherwise changing the terms of the leases referred to: Provided, That such leases have been made in good faith and the lessee or lessees have faithfully complied with the terms thereof: Provided further, That in such cases, if any, where oil, gas, coal, or other mineral has been taken, or shall be taken, from any allotted Seminole lands under the claim of ownership the Secretary of the Interior, in the event the Seminoles be found entitled to the oil, gas, and other minerals, shall fix a reasonable royalty to which the Seminoles shall be entitled and the terms and conditions under which oil, gas, coal, or other minerals may be taken from said lands: Provided further, That said committee shall be authorized to appear on behalf of such Seminoles in any litigation affecting the rights and interests aforesaid which may arise in the courts of the State of Oklahoma: And provided further, That in any proceeding or suit under this amendatory act, if the court shall find that any lessee or operator of a lease heretofore made has in good faith paid royalty to a party or parties found not legally entitled thereto and that same should have been paid to the Seminoles aforesaid as a group, then, and in that event, the said lessee or operator shall not be liable to make a second payment on the same account. "SEC. 14. Official letters, papers, documents, and records, or certified copies thereof, may be used in evidence, and the departments of the Government shall give access to the attorneys of the Seminoles aforesaid to such treaties, papers, correspondence, or records, as may be requested by such attorneys. "SEC. 15. The United States District Court for the Eastern District of Oklahoma shall have full authority by proper orders and process to bring in and make parties to any such proceeding any person deemed by it necessary to the final determination of the matters in controversy. "SEC. 16. Any proceeding under this amendatory act on behalf of the Seminoles shall proceed and be determined, and judgment or decree therein shall be subject to review in accordance with existing law governing other cases." The CHAIRMAN. This hearing is called for the specific purpose of hearing from former Senator Owen as counsel for the Seminole Indians who are interested in Senate bill No. 3041, introduced by Senator Blaine. STATEMENT OF HON. ROBERT L. OWEN The CHAIRMAN. Mr. Owen, as I understand it, you represent some of these people as their attorney. Mr. OWEN. I am acting as counsel for something over 2,000 of these citizens who are interested in this property in the Seminole country. The CHAIRMAN. Proceed with your statement. Mr. OwEN. Mr. Chairman, and gentlemen of the committee, on January 6 a memorial was prepared and presented to the Senate |