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 62d Congress, ) HOUSE OF REPRESENTATIVES, j Report 
 
 2d Session. \ (No. 384. 
 
 WINNEBAGO INDIANS OF NEBRASKA AND WISCONSIN, 
 
 March 1, 1912. — Committed to tlie Committee of the Whole House on the state of the 
 Union and ordered to be printed. 
 
 Mr. Stephens of Nel^'raska, frofn the Committee on Indian Affairs, 
 submitted the following 
 
 REPORT. 
 
 [To accompany H. R. 18849.] 
 
 The Committee on Indian Affairs, to wliom was referred the bill 
 (H. R. 18849) for the relief of the Winnebago Indians of Nebraska and 
 Wisconsin, having considered the same, recommend that it do pass. 
 
 The object of this bill is to empower the Secretary of the Interior to 
 adjust the indebtedness of the Nebraska branch to the Wisconsin 
 branch of the Winnebago Indians. These two bands of Indians have 
 a capitahzed fund, amounting March 3, 1909, to $883,249.58, whicli 
 can not be adjusted between them without this legislation. The 
 report of the Department of the Interior, together with a history of 
 the capitalized fund prepared by the Department of the Interior for 
 vSenator Clapp, are appended hereto and are as follows: 
 
 Department of the Interior, 
 
 Washington, January 24, 1912. 
 Hon. Dan V. Stephens, 
 
 House of Representatives. 
 
 Sir: The department is in receipt of your letter of January 5, 1912, inclosing with 
 request for report thereon a copy of a proposed bill for the relief of the Winnebago 
 Indians of Nebraska and Wisconsin. 
 
 In response I have the honor to advise you that the department is of the opinion that 
 the proposed bill, if enacted into law, will provide the necessary authority for the 
 prompt adjustment of the affairs of the two branches of the tribe and enable the depart- 
 ment to pay the proportionate shares of the Nebraska branch, as provided under the 
 act approved March 3, 1909 (35 Stat. ,781, 798), and also to expend the share of the Wis- 
 consin branch of the tribe for their benefit in such manner as may seem to be for their 
 best interests. 
 
 Regarding the origin of the funds of the Winnebago Indians, there is inclosed here- 
 with for your information a copy of a letter dated February 21, 1911, addressed to Hon. 
 Moses E. Clapp, United States Senate, by the Acting Commissioner of Indian Affairs 
 on the subject. 
 
 By the act approved March 3, 1909, supra, the funds of the Winnebago Indians were 
 capitalized in the total sum of $883,249.58, and should the bill now under considera- 
 tion be enacted into law the adjustment of the present indebtedness of the Nebraska 
 
2 WINXKBAtiO INDIANS OF NEBRASKA AND WISCONSIN, 
 
 branch to tlio Wisconsin branch of the tribe can l)e promptly made, and the propor- 
 tionate share of eadi branch of the tribe in the said capitalized fund can then be deter- 
 mined and placed to its respective credit. 
 
 The department has to-day submitted to the chairmen of the Committees on Indian 
 Affairs of the Senate and House of Representatives, respectively, a draft of legislation 
 substantiallv the same as the draft submitted by you, the only change being that the 
 words "or, iii his discretion, to distribute said funds or any part thereof per capita 
 among said Indians" have been inserted after the word "proper" in line 8 of the 
 draft sul)mitted by ycni. It is believed the Secretary should have discretion to make 
 payments in cash to these Indians if circumstances seem to justify that course. 
 The draft oi bill submitted by you is returned herewith. 
 Very respectfully, 
 
 Carmi a. Thompson, 
 
 Acting Secretary. 
 
 Department of the Interior, 
 
 Office of Indian Affairs, 
 Wushington, February 21, 1911. 
 lion. Moses E. Clapp, 
 
 United States Senate. 
 
 Sir: I have the honor to submit the following report concerning the funds and land 
 matters of the Winnebago Indians requested in your letter of December 22, 1910, in 
 addition to the information set forth in department letter to you of February 6, 1911. 
 
 First. By article 4 of the treaty of November 1, 1837 (7 Stat. L., 545), it is provided: 
 
 "That the United States shall invest the sum of one million one hundred thousand 
 dollars, being the balance of the proceeds of the sale of the lands of the Wannebago 
 / IndianB ceded to the Government east of the Mississippi River, and guarantee to them 
 not less than five per cent interest thereon." 
 
 In regard to the amount disbursed from the trust funds of these Indians and the 
 authority therefor, attention is invited to the following acts and references: 
 
 By joint resolution of July 17, 1862 (12 Stat. L., 628), it is provided: 
 
 '"That the Secretary of the Interior be, and he is hereby authorized to expend, 
 from the fund in the Treasury of the United States belonging to the Winnebago 
 Indians, the sum of fifty thousand dollars, or so much thereof as may be necessary, 
 to make such improvements upon their lands and purchase such stock and agricultural 
 implements as their necessities may require, and that the amount so expended shall 
 be replaced from the proceeds of the sales of the lauds belonging to said Indians which 
 the Government is now authorized to sell by virtue of an existing treaty vdth said 
 Indians." 
 
 This money was disbursed by Clark W. Thompson, superintendent, on requisitions 
 dated May 13 and July 27, 1863, in carrying out the provisions of the act. 
 
 By the provisions of section 1 of the act of February 21, 1863 (12 Stat. L., 659), it is 
 l)rovided: 
 
 "That the President of the United States is authorized to assign and set apart for the 
 Winnebago Indians a tract of unoccupied land beyond the limits of any State in extent 
 at least equal to their diminished reservation, the same to be well adapted for agri- 
 cultural purposes; and it shall be lawful for the President to take such"steps as he may 
 deena proper to effect the peaceful and quiet removal of the said Indians from the State 
 of Minnesota, and to settle them upon the lands which may be assigned to them under 
 the provisions of this act." 
 
 The act of March 3, 1863 (12 Stat. L., 785), provides in part as follows: 
 
 * * * "and the sum of fifty thousand dollars, or so much thereof as may be neces- 
 sary, is hereby appropriated, out of any money nototherwise appropriated, to enable the 
 President of the United States to arrange for and effect a peaceful and quiet removal of 
 said Indians to some suitable location outside the limits of any State, the said sum to be 
 taken from and charged to said fund of one million one hundred thousand dollars, held 
 hy the United States for said Indians under the aforesaid treaty of first November, 
 •ughteen hundred and thirty-seven, and that the amount so appropriated shall be 
 replaced from the proceeds of the sales of lands belonging to said Indians which the 
 < lovernment may be authorized to sell by virtue of an existing treaty with said Indians 
 and by act of Congress. "' 
 
 The amount thus authorized was expended by Clark W. Thompson, superintendent, 
 on rcciuisition dated May 18, 1863, for the purposes mentioned in the act, which 
 amount, with the $50,000 authorized by the act of July 17, 1862, reduced the trust fund 
 of the Winnebagoes to $1,000,000. 
 
WINNEBAGO INDIANS OF NEBRASKA AND WISCONSIN. 3 
 
 The act of July 15, 1870 (16 Stat. L., 355), provides ais follows: 
 
 "For the purpose of refunding to the Winnel)ago Indians the amount taken from 
 their tribal funds to pay the expenses of their removal from Minnesota, the sum of 
 two hundred thirty-two thousand three hundred forty-live dollars and ninety-nine 
 cents, of which amount two hundred thousand dollars shall lie placed to the credit of 
 these Indians on the looks of the Treasury on which shall le allowed five per cent per 
 annum, the income therefrom to be expended luider the direction of the Secretary 
 of the Interior for the erection of houses the improvement of their oUotments of land, 
 the purchase of stock, agricultural implement-:, seeds, and other beneficial piirposes." 
 
 The sum of $200,000 mentioned in the act of July 15, 1870, was carried to the sur- 
 plus fund by warrant No. 5'.51, dated June 30, 1871, and placed to the credit of the 
 Winne' agoes on the Ijooks of the Treasury, bearing interest at 5 per cent per annum. 
 
 Section 9 of. the act of July 15, 1'870 (Ki Stat. L., 361 ), provides as follows: 
 
 "That the Secretary of the Interior be, and hereby is, directed to cause to be inves- 
 tigated and to determine the claims of certain Indians of the Winnebago tri! e now 
 lawfully residing in the State of Minnesota, to issue patents without the right of 
 alienation to those of them whom he shall find to be entitled thereto, for lands here- 
 tofore allotted to them in severalty * * * and the said Winnei.ago Indians and 
 all others 1 eing meml ers of said tri1)e lawfully residing in the State of Minnesota 
 shall hereafter he entitled to receive their pro rata distril iitive proportion of all annu- 
 ities in goods, money, or property, and any other moneys to which said trii e is or 
 may 1 e entitled under any law or treaty now in force, at their homes in Minnesota, 
 the same as though they had removed west and settled with the western Winnebagocs. 
 
 Section 10 of the act provides: 
 
 "That if at any time hereafter any of the said Indians shall desire to become citizens 
 of the United States they shall make application to the judge of the District Court of 
 the United States for the District of Minnesota, and in open com-t make the same proof 
 and take the same oath of allegiance as is provided by law for the naturalization of aliens 
 ^ * * whereupon they shall be declared by the said court to be citizens of the 
 United States, which declaration shall be entered of record and a certificate thereof 
 given to said party. On the presentatif)n of the said certificate to the Secretary of the 
 Interior with satisfactory proof of identity, he may at the request of such person or 
 persons cause the land severally held by them to be conveyed to them by patent in 
 fee simple, with power of alienation, and may at the same time cause to be paid to 
 them their proportion of all the moneys and effects of said tribe in trust by or under 
 the provisions of any treaty or law of the United States." 
 
 The act approved March 3, 1871 (16 Stat. L., 565), provides as follows: 
 
 "For the proportion of one hundred and sixty persons of one million dollars placed 
 to the credit of said Indians on the books of the Treasury as per fourth article of the 
 treaty of November first, eighteen hundred and thirty -seven, whole number of tribt; 
 being fifteen hundred and thirty-one ])ersons, one hundred and four thousand five 
 hundred and six dollars and eighty-five cents. * * * Kor the proportion of one 
 hundred and sixty persons of two hundred thousand dollars i>laced to the credit of the 
 .said Indians on the books of the Treasury, being the amount in part taken from their 
 tribal funds to pay the expenses of their removal from Minnesota, provided for in 
 public act numbered one hundred and eighty-seven, approved July fifteenth, eighteen 
 hundred and seventy, whole number fifteen hundred and thirty one, twenty thousand 
 nine hundred and one dollars and thirty seven cents. The foregoing amounts for said 
 one hundred and sixty persons are appropriated from the sums respectively named 
 standing to the credit of the Winneb^oes on the books of the Treasury and shall be 
 deducted therefrom." 
 
 By the act of May 29, 1872 (17 Stat. U., 185), it is provided as follows: 
 
 "For this amount to be expen<led under the direction of the Secretary of the Inte- 
 rior, at such times and in such sums asdie shall deem expedient, and necessary for the 
 benefit of the Winnebago Tribe of Indians in improving their lands, jnirchasing stock 
 and agricultural implements, erecting houses, providing schools, and in any other 
 way promoting their civiJization and comfort, said amount to be taken from the sum 
 in the Treasury of the United States belonging to said Indians, one hundred thousand 
 dollars. 
 
 "To enable the Secretary of the Interior to carry into effect the ninth and tenth 
 .sections of the act of July fifteenth, eighteen hundred and seventy, making aj^propria- 
 ations for the current contingent expenses of the Indian Department and for fulfilling 
 treaty stipulations with various Indian tribes for the year ending June thirtieth, 
 eighteen hundred and seventy-one, and for other purposes, in the manner therein 
 provided, ten thousand and seventy-one dollars and eighty-four cents." * * * 
 
4 WINNEBAGO INDIANS OF NEBRASKA AND WISCONSIN. 
 
 The act approved June 22, 1874 (18 Stat. L., 170), provides: 
 
 '•'For this amount, or so much thereof as may be necessary to purchase from the 
 Omaha Indians in Nebraska such quantity of land, not exceeding twenty sections, 
 as may be required for the use of the Winnebago Indians in Wisconsin, and for improve- 
 ments on their reservation, to be appropriated from the residue of the one million one 
 hundred thousand dollars provided to be set apart for the Winnebagoes by the fourth 
 article of the treaty with those Indians, November first, eighteen hundred and thirty- 
 seven: Provided, That such amount as may be paid to the Omahas for the lands re- 
 quired shall be applied for their use, under the direction of the Secretary of the Inte- 
 rior for general purposes of civilization, eighty-two thousand dollars." 
 
 The records of the office .show that the total amount disbursed under the various acts 
 herein quoted from the trust funds of the Winnebago Indians reduced the $1,100,000 
 fund to $804,909.17 and the $200,000 fund to $78,340.41, or a total -of $883,249.58, 
 which was capitalized by the act of March 3, 1909 (35 Stat. L., 798), and carried under 
 the title "Winnebago fund," bearing interest at 5 per cent per annum. 
 
 The adjustment of the indebtedness of the Nebraska branch of the fribe to the Wis- 
 consin branch is treated later on in this report. 
 
 Second. Under the provisions of the act of June 22, 1874, above referred to, some 
 12,347.55 acres were purchased from the Omaha Indians for the use of the Winnebago 
 Indians in Vv'^iscousin. The deed tovering this purchase was dated July 31, 1874, and 
 covers certain lands in township 20 north, of ranges 7, 8, and 9 east of the sixth 
 principal meridian in Nebraska, the consideration paid being $30,868.87. This deed is 
 recorded in Indian Deeds, volume 6 (M. 5-E), page 215. 
 
 While this purchase was authorized for the use of the Winnebago Indians in Wis- 
 consin, the land was conveyed to the United States in trust for the "Winnebago Tribe" 
 of Indians and was paid for from the common tribal funds and was considered as being 
 the common property of the tribe, rather than for the exclusive use and benefit of the 
 Winnebago Indians in Wisconsin. 
 
 When allotments in severalty were taken up with the "\^'innebago Indians in Ne- 
 braska, the allotting agent, under instructions approved by the department, was so 
 directed to consider the matter, and the lands were allotted to members of the tribe 
 belonging to the Nebraska branch; that is, to those members of the Winnebago Tribe 
 enrolled at the agency in Nebraska and living on the reservation there, rather than 
 making allotments to Winnebago Indians living in Wisconsin. 
 
 Under the provisions of the act of January 18, 1881 (21 Stat. L., 315), a large num- 
 ber of homesteads on the ]niblic domain were made to the Winnebago Indians of 
 Wisconsin, and it is believed that practically all members of the Wisconsin branch, 
 recognized and enrolled as members of the tribe, procured such homesteads in Wis- 
 consin and elsewhere. These Indians, of course, would not be entitled to additional 
 allotments within the so-called Wisconsin strip. The lands in this strip having 
 been purchased with common tribal funds, were susceptible of allotment to recognized 
 members of the tribe. Should any of the Winnebago Indians living in Wisconsin 
 have returned to the reservation in Nebraska the allotment to such Indians from this 
 so-called Wisconsin strip would have been perfectly proper, but the abandonment 
 of tribal relations by the Wisconsin branch and obtaining homesteads on the public 
 domain under the provisions of the act of January 18, 1881, would exhaust any separate 
 claim they might have to the strip purchased from the Omaha Indians. 
 
 In regard to the appropriation of $36,000 for the removal of stray bands of Winne- 
 bago Indians, reference is hereby made to the act of July 15, 1870 (16 Stat. L., 359), 
 as follows: 
 / "For this amount, or as much thereof as may be necessary, to pay the expenses of 
 rfie removal of stray bands of Pottawatomie and Winnebago Indians in Wisconsin 
 ■jrom their present homes in that State to the tribes to which they respectively belong, 
 ■us follows: For trans])ortation and subsistence of one thousand Winnebagoes from 
 Wisconsin to Nebraska, at fifteen dollars each, fifteen thousand dollars; for transporta- 
 tion of five hundred Pottawatomies and two hundred Chippewas intermarried with 
 them from Wisconsin to the Indian country south of Kansas, at thirty dollars each, 
 twenty-one thousand dollars." 
 
 Section 6 of the act approved May 29, 1872 (17 Stat. L., 190), provides: 
 
 "That the Secretary of the Interior be, and he is hereby, authorized to expend for 
 the removal of the Winnebago Indians, in Wisconsin, from their present homes in that 
 State to the Winnebago Reservation in Nebraska, or to such other location as may be 
 selected for them, and for their subsistence during such removal and at their homes, 
 the sum of thirty-six thousand dollars, or so much thereof as may be necessary, appro- 
 priated by the act of July fifteenth, eighteen hundred and seventy, for the removal of 
 stray bands of Potawatomies and Winnebagoes from Wisconsin to the tribes to which 
 they respectively belong." 
 
WINNEBAGO INDIANS OF NEBBASKA AND WISCONSIN. 5 
 
 The sum of $36,000, authorized by the act of July 15, 1870, was brought on the books 
 of the Indian Office by warrant dated July 26, 1870, under the title "Removal of 
 stray bands of Winnebagoes and Potawatomies in Wisconsin," and it is shown that 
 .'535,886.73 of the amount was expended during the period from 1873 to 1876, as pro- 
 vided by the act of May 29, 1872, above quoted. The sum of $35,886.73 was referred 
 to in statement given a delegation of Wisconsin Winnebagoes about a year ago as the 
 amount expended under the act of May 29, 1872, in their removal, etc., in 1873, 
 which expense of removal is referred to in the act of January 18, 1881 (21 Stat. L., 
 315), but only the amount actually expended for those Indians was charged against 
 them. 
 
 In order to fully understand the origin of the indebtedness of the Winnebagoes of j 
 Nebraska to the \\"inneba2oe.s of Wisconsin, the following is quoted from the act of ' 
 June 25, 1864 (13 Stat. L.,' 172): 
 
 "For deficiencies in yub.sistence and expenses of removal and support of the Sioux 
 and Winnebago Indians of Minnesota, during the fiscal year ending June thirtieth, 
 eighteen hundred and sixty-four, one hundred and thirty-seven thousand two hundred 
 and ninety-three dollars and forty cents: Provided, That the portion expended in behalf 
 of the Winnebagoes shall be reimbursed to the Treasury upon the sale of their lands in 
 Minnesota, to enable the Secretary of the Interior to take charge of certain stray bands 
 of Winnebago and Potawatomi Indians now in the State of Wisconsin, with a view 
 to prevent any further depredations by them upon the citizens of that State, and 
 for provisions and subsistence, ten thousand dollars: Provided, That the proportion 
 of annuities to which said stray bands of Potawatomit?s and Winnebagoes would be 
 entitled if they were settled upon their reservations with their respective tribes shall 
 be retained in the Treasury to their credit, from year to year, to be paid to them when 
 they shall unite with their said tribes, or to be used by the Secretary of the Interior 
 in defraying the expenses of their remo^•al, or in settling and subsisting them on any 
 •other reservation which may hereafter be provided for them." 
 
 The foregoing explains why the expenses of removal of the Wisconsin Winnebagoes 
 were charged to them in the adjustment of the indebtedness under the provisions of 
 the act of January 18, 1881 (21 Stat. L., 315). as follows: 
 
 "Whereas a large number of the Winnebago Indians of Wisconsin have selected and 
 settled in good faith upon homestead claims, under section fifteen of the act entitled 
 'An act making appropriations to supply deficiencies in the appropriations for the 
 fiscal year ending June thirtieth, eighteen hundred and seventy-five, and prior years, 
 and for other purposes,' approved March third, eighteen hundred and seventy-five, 
 and all said Indians ha\'ing signified their desire and purpose to abandon their tribal 
 relations and ad(ii)t the habits and customs of civilized people and avail themselves 
 of the benefits of the aforesaid act, but in many instances are unable to do so on 
 account of their extreme poverty: and 
 " ^Vllereas a portion of the funds belonging to said Winnebago Indians of Wisconsin and 
 accruing under the act of June twenty-fifth, eighteen hundred and sixty-four, 'pro- 
 viding for deficiencies in sul)sistence and expenses of removal and support of the 
 Sioux and Winnebago Indians of Minnesota,' amounting to the sum of ninety thou- 
 sand six hundred and eighty-nine dollars and ninety-three cents, is now in the 
 Treasury of the United States to their credit; and 
 "Whereas the major portion of the fund belonging to said Indians under said act of 
 June twenty-fifth, eighteen hundred and sixty-four, together with the sum of one 
 hundred thousand dollars of the principal fund of the tribe, has since said date been 
 expended for the benefit of that portion of the Winnebago Indians residing in Ne- 
 braska; and 
 "Whereas the location of said Winnebago Indians of Wisconsin has, under the said act 
 of March third, eighteen hundred and seventy-five, become permanent: Therefore 
 "£e it enacted by the Senate and House of Representatives of the United States of America 
 in Congress assevibled. That the Secretary of the Interior be, and he is hereby, author- 
 ized and directed to cause a census of the tribe of Winnebago Indians now residing in 
 Nebraska and Wisconsin to be taken, said enrollment to be made upon separate Usts, 
 the first to include all of said tribe now residing upon or who draw their annuities at 
 the tribal reservation in Nebraska and the second to embrace all of said tribe now 
 residing in the State of Wisconsin. 
 
 "Sec. 2. That upon the completion of the census of the Winnebago Indians in 
 Wisconsin the Secretary of the Interior is authorized and directed to expend for their 
 benefit the proportion of the tribal annuities due to and Fct apart for s^aid Indians 
 under the act of June twenty-fifth, eighteen hundred and sixty-four, of the appro- 
 priations for the tribe of Winnebago Indians for the fiscal years eighteen bundled and 
 seventy-four, eighteen hundred and seventy-five, eighteen hiindrcd and seventy-fix, 
 eighteen hundred and soAenty-seven. eighteen hundred and eeventy-eight, eighteen 
 
6 WINNEBAGO INDIANS OF NEBRASKA AND WISCONSIN. 
 
 hundred and seventy-nine, and eighteen hundred and eighty, amounting to uinti 
 thousand six hundred and eighty-nine dollars and ninety-three cents; and the Seen' 
 tary of the Interior shall also expend for the benefit of said Indians, out of the sum c 
 forty-one thousand twelve dollars and seventy-four cents now in the Treasury t( 
 the credit of the Winnebago Tribe of Indians, and accruing under treaty appropria^ 
 tions for the fiscal year eighteen hundred and seventy-three and prior years, such sum 
 as may u])on the completion of said census be found necessary to equalize the pay- 
 ments between the two bands on account of the payment of tlie sum of one hundrec 
 thousand dollars in the year eighteen hundred and seventy-two from the principal "1 
 funds of the tribe to the Winnebagoes in Nebraska, and all of the said simis shall be 
 paid pro rata to those persons whose names appear upon the census roll of the Winne- 
 bagoes of Wisconsin, lieads of families being permitted to receive the full amount to 
 which all the members of the family are entitled: * * * 
 
 "Sec. 3. That in the future distribution of the annuities of the said tribe of Winne- 
 bago Indians a ])rorala division, according to the number of each band as shown by 
 said census, shall be made between that portion of said tribe in Nebraska and that 
 portion in Wisconsin, and the moneys belonging to each shall be annually dis- 
 tributed to the members of said bands, respectively, in the manner provided by the 
 fifth section of the act of February twenty-first, eighteen hundred and sixty-three, 
 entitled 'An act for the removal of the Winnebago Indians and for the sale of their 
 reservation in Minnesota for their benefit.' 
 
 " Sec. 4. That for the purpose of equitably adjusting the amount due to the Winne- 
 bago Indians in Wisconsin, under the act of June twenty-fifth, eighteen hundred and 
 sixty-four, from that portion of the tribe residing in Nebraska, and arising from the 
 failure of the Department of the Interior to set aside from year to year the proportion 
 of the tribal fund belonging to said Wisconsin Winnebagoes. as provided in said act^ 
 from the date of the passage of the same to the year eighteen hundred and seventy-six,^ 
 and the jjayment of the full amount of the same to the W'innebagoes of Nebraska iot 
 such period , the Secretary of the Interior is hereby directed to have an account between 
 said portions of the Winnebago Tribe of Indians stated, basing the same upon the census 
 herein provided for, charging the Winnebagoes in Nebraska with the full amount 
 found to be due to the Wisconsin Winnebagoes under said act f(jr the period named, 
 and crediting them with the amount actually expended in the removal and subsistence 
 of the Wisconsin Winnebagoes at the date of their removal to Nel)raska in the year 
 eighteen hundred and seventy-three; and the balance found in favor of the Winne- 
 basroes of Wisconsin, whatever the amount may be, shall hereafter be held and con- 
 sidered as a debt due to them from that portion of the tribe residing in Nebraska ; and 
 until said debt shall have been extinguished the Secretary of the Interior shall cause 
 to be deducted annually from the proportion of annuity moneys due to the Winnebagoes 
 in Nebraska, and to be paid to the Winnebago Indians in Wisconsin, such proportion 
 of the share of annuities belonging to the said Winnebagoes of Nebraska as he may- 
 deem right and proper: Provided, however. That such sum" shall not be less than seven 
 thousand dollars per annum." 
 
 In the adjustment of the funds of both branches of the tribes under the terms of the 
 act quoted, March 6, 1886, it was found and determined that the then existing indebted- 
 nes.s of the Nebraska branch of the tribe to those m Wisconsin amounted to §220,969.91. 
 Deductions have been made annually from the proportion of annuity money due the 
 ^ehraska \\ innebagoes and transferred to the sliare of those in Wisconsin, as provided 
 by section 4 of the act of January 18. 1881, referred to, reducing the amount of the 
 mdebtedness January 1 . 1911. to S42.469.91, In arrivincj at the amount of the indebt- 
 edness ot ::>220,969.91 referred to, the office believes the rights and interests of both 
 branches ot the tribe were fully considered and that tlie amount of the indebtedness 
 then determined siimild stand. Had the Wisconsin Winnebagoes remained in 
 -Nebraska with tlie other branch of the tribe there, thev iuK|uestionably would have 
 particijjated equally in ail payments made from time to time to members of the tribe 
 under the ads herein nienlioned. It is not api)arent to the office that the Wisconsin 
 Winiieba-oes are entitled to any interest ..n the indebtedness determined under the 
 act of January 18, IKSI, supra. 
 
 Third. The a.t of Manh 3. 1909 (35 Stat. L.. 798). providing for the capitalization 
 of tlie Winnebago Hinds, etc.. authorizes and directs the Secretarv of the Interior '"to 
 cause a new enrollment to be made of all Winnebago Indians entitled to share in said 
 tund other than lio.-^e enrolled at the Winnebago Agencv in Nebraska and until the 
 completion of said enrollment no part of .said sum shall be distributed " 
 
 I '<• roll anthon/ed l.v the foregoing act was made by Special Ag.'ut Tliomas Downs 
 in I. (09 and approved by the Finst As.sistant Secretary of the Interior Febiuarv 10 
 l.no. II contains the names of 1,265 persons entitled "to share in the distribution of 
 the funds dii.. the W innehago Indians of Wisconsin. The requirements of the act of 
 
WINNEBACX) INDIANS OF NEBRASKA AND WISCONSIN. 7 
 
 larch 3, 1909, i)iovidiiig for the enrollment in (|uestion have been complied wath. 
 
 lie distribution of the funds of the Wisconsin Winnebagoes will be made upon the 
 /asis of the roll provided for by the act of March 3, 1909. 
 
 , Fourth. The ac-t of March 3, 1909. supra, also provides: "The proportionate share 
 to the credit of the Winnebago Indians resident in Wisconsin shall bo half in the 
 Treasury of the United States, pending further legislation." 
 
 The draft of a bill was transmitted to Congress by department letter of February 6, 
 1911, printed in H. R. 32682, Sixty-first Congress, third session, providing, in effect, 
 that as soon as a proper adjustment could be had of the claim of the Wisconsin branch 
 of the tribe against the Winnebagoes in Nebraska the funds due the former could be 
 expended for the benefit of the members thereof in the judgment and discretion of the 
 Secretary of the Interior. In the event that the bill referred to becomes a law it is 
 improbable that the funds due the Wisconsin Winnebagoes will be paid to them in 
 a lump sum, but rather will be used from time to time for their best interests, in the 
 -discretion of the Secretary' of the Interior. 
 
 Respectfully, C. F. Hauke, 
 
 Acting Commissioner. 
 
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