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Show COMMISSIONER OF INDIAN AFFAIRS. 15 The act of 1907 took the first step applicable generally to all tribes having common funds, giving the Secretary of the Interior discretion, after a member of the tribe applied for his share and was found capable to manage his own affairs, to apportion to him his indi-vidual share, which thereupon becomes subject to the Indian's order; the ad also gave authority to pay the pro rata shares of disabled Indians. Under this act $1,296,000 of the principal of trust funds have been paid to June 30,1912. It will he noticed that there is now no authority of law for segre-gation of shares of Indians who belong neither to the class of compe-tent Indians nor to the class of disabled Indians. There is a defect in the present statutory authority in that it doe8 not permit the pro rata share of each Indian of every degree of competency to be placed to his individual credit, to he paid to him or husbanded according to his individual development and his individual necessities, and at his death permitted to pass to his next of kin according to the laws of his State. At present a bill submitted by the department intended to confer authority for such disbursement of tribal funds is pending in the Congress, having been reported favorably to the House of Repre-sentatives. Of all legislation on behalf of Indians proposed in recent years the enactment of such a statute would mean most for the indus-trial development of Indians and for their economic independence. PreIiminary to segregation of trust funds the remaining annuities and similar provisions which survive from old treaties should he com-muted and capitalized. As a further preliminary all Indian tribes that have claims against the United States should receive legis-lative authority, under a general statute, to have their claims ad-judicated by the Court of Claims In this way claims of Indians can once for all be adjudicated, those which are just ascertained and prepared for consideration of the Congress, and an element of dis-content among Indians and of expectation which may often he unfounded will be permanently removed. If such legislative authority as I have mentioned is given, tribal affairs will become of small consequence, Indian administration will no longer concern a race but will affect only individuals, and the legislative scheme under which the United States may prepare for withdrawing from its position in Indian affairs will he fairly com-plete. The statutes are so numerous, however, that there is great need of careful codification, accompanied by some amendment. As the public land laws permit citizens under certain conditions to select second homesteads, Indians who have never received allotments and Indians who have parted with their allotments should he allowed to enter homesteads on agricultural lands within national forests; the statute permitting the devise of allotments should be broadened to allow devise and bequest of all forms of trust property, personal as |
