39564 MARCH 30, 31, APRIL 1, 2, 3, 4, 6, 7, 8, 9, 10, AND 11, 1925 Printed for the use of the Joint Congressional Committee on the Investigation of PART 3 WASHINGTON GOVERNMENT PRINTING OFFICE 1925 JOINT CONGRESSIONAL COMMITTEE ON THE INVESTIGATION OF THE NORTHERN PACIFIC RAILROAD LAND GRANT N. J. SINNOTT, Oregon, Chairman ROBERT N. STANFIELD, Oregon. II WILLIAM N. VAILE, Colorado. GEO. A. HOSSICK, Secretary 03-5-41 LS 1361 Special master's report of sale of mortgaged property (No. 347). Order confirming special master's foreclosure sale (No. 351) Special master's report of sale of lands in Montana (No. 360) Decree confirming special master's land sales (No. 365)- Order authorizing sale of land east of Missouri River (No. 491) Amended order of sale of lands east of Missouri River (No. 497) Letters from Commissioner General Land Office to surveyor general, Application for survey of lands dated March 14, 1903--- Letter from Land Commissioner to surveyor general, Helena, Mont., Excerpts from surveying instructions (An. Rep. Com. G. L. O., 1891) 1594 Letter from W. H. Phipps to United States surveyor general, dated Hoffman, Mr. B. E., Portland, Oreg-. 1661, 1695 Woodward, Mr. W. M. H., Portland, Oreg Burch, Mr. John E., United States Forest Service, Washington, D. C Classification of mineral lands-Instructions, etc_- CASES AND STATUTES CITED Act of July 30, 1834 (4 Stat. L., p. 729) Butz v. Nor. Pac. (119 U. S. 55). Minnesota v. Hitchcock (185 U. S. 373) Brown . Nor. Pae. R. R. Co. (2 L. D. 519) N. P. Ry. Co. v. De Lacey (174 U. S. 622)) – 1239, 1243, 1249, 1271, 1327, 1334, 1340 U. S. v. N. P. Ry. Co. (193 U. S. 1). (247 U. S. 310, 316). U. S. v. Freight Association (166 U. S. 290). At. & Pac. R. R. Co. v. Mingus (165 U. S. 413). Nor. Pac. R. R. Co. v. McRae (6 L. D. 400) U. S. v. Tenn. & Coosa R. R. Co. (176 U. S. 250). Burfenning v. C., St. P., M. & O. R. R. Co---. Schulenberger v. Harriman (21 Wal. 44). 1239, 1243, 1249, 1340 1245, 1272 1246, 1250 1247, 1366, 1521, 1540, 1543 1274, 1276, 1282, 1377, 1387 1277 1279, 1287, 1321, 1326, 1369 1283 1283 1294 1301, 1351, 1494 1318, 1320, 1481, 1532 1321 1326 1328 1347 1352, 1487, 1500 1376 1378 1382 1388 1492, 1499 1498 1512 1517 1535 1535, 1542 1538 1543, 1585 1555, 1634 1656 1659 1578 1585 1587 1588 1651 1652 Santa Fe R. R. Co. v. Secretary of Interior (244 U. S. 492). THE NORTHERN PACIFIC LAND GRANTS JOINT CONGRESSIONAL COMMITTEE ON THE INVESTIGATION OF THE NORTHERN PACIFIC RAILROAD LAND GRANTS, Washington, D. C., Monday, March 30, 1925. The committee met at 10.30 o'clock a. m., Hon. N. J. Sinnott (chairman) presiding. The CHAIRMAN. The committee will come to order. You may proceed, Mr. Kerr. TESTIMONY OF JAMES B. KERR-Resumed Mr. KERR. When we concluded on Saturday we were discussing the Laramie treaty of 1851. I had undertaken to demonstrate that the only agreement in that treaty on the part of the United States was to pay certain annuities. The agreement with respect to Indian territory was to establish, as between the Indians, a division of what had previously been declared Indian territory Mr. WILLIAMS (interposing). Mr. Kerr, are you going to discuss further the treaty of 1868? Mr. KERR. Yes; I am just coming to that. Mr. WILLIAMS. I had particularly in mind the question as to whether the treaty of 1868 was ratified and accepted by both parties. I do not think that has been put into the record. Mr. KERR. I think that is conceded on all sides. Is that not true, Mr. McGowan, the treaty of 1868 was ratified by both parties? We have here produced by Judge Patterson, of the Interior Department, a certified copy from the State Department of the proclamation of the President promulgating the treaty of May 7, 1868. Mr. WILLIAMS. And may I inquire, Mr. Chairman, at what point in the record the treaty of 1851 and the treaty of 1868, with other documents pertaining thereto, will go into the record? Will it go in in this connection, or do you propose to have a separate place for it? The CHAIRMAN. It might go into a separate place with a number of these exhibits. Perhaps that would be more convenient. Mr. WILLIAMS. It will go in? The CHAIRMAN. Yes; it will go in. (This information may be found in part 1a, pp. 858-863.) Mr. KERR. Recurring, then, to article 5 of the treaty of September 17, 1851, the so-called Laramie treaty, the language is that "the aforesaid Indian Nations do hereby recognize and acknowledge the following tracts of country included within the metes and boundaries hereinafter designated as their respective territories, to wit." Then follow the various descriptions. 1099 |