SECTION 5. RELIGIOUS AND PROPERTY RIGHTS VIOLATED

List of property illegally seized by Department of Interior. Church invaded and Father Duncan forbidden to perform religious rites-Ketchikan Alaska Chronicle exposes a grievous outrage. Father Duncan's private property and the fisheries of Annette Islands Reserve illegally seized and turned over to outside commercial interests.

On various dates during the years 1914 to 1918, inclusive, the Department of the Interior unlawfully seized and has since retained in its custody the following property of the Metlakahtla Christian Mission and of William Duncan, its missionary.

LIST OF PROPERTY ILLEGALLY SEIZED BY DEPARTMENT OF INTERIOR

The marginal letters A to N in the table which follows refer to locations of buildings on the sketch plans of Metlakahtla, which appear elsewhere in this report.

Among other things, the property illegally seized by the Department of the Interior consisted of

THE METLA KAHTLA CHRISTIAN CHURCH

A The Metlakahtla Christian Church, capacity more than 800. The largest church in Alaska. (Keys seized 1918.)

BUILDINGS OF THE METLAKAHTLA CHRISTIAN MISSION

D Town (assembly) Hall, capacity, 1,000.

(Seized 1915-destroyed 1921, while in the custody of the Bureau of Education.) E Mission School Building, capacity 200. (Seized 1915-destroyed 1921, while in the custody of the Bureau of Education.) F The original mission industrial school building, parts of which were used for residences of teachers and mission doctors, medical dispensary and consulting room. Dimensions of building about 60 by 75 feet. (Seized 1915, damaged by neglect and interior partly destroyed 1924 and 1925, while in the custody of the Bureau of Education.)

G Guest house, 14 rooms. (Seized 1918 and damaged by neglect, while in the custody of the Bureau of Education.)

H. Cottage home of William Duncan, the missionary. (Seized 1918 and damaged by neglect, while in the custody of the Bureau of Education.)

WILLIAM DUNCAN'S INDUSTRIAL IMPROVEMENTS

I. General store, 50 by 100 feet. (Seized 1915 and damaged by neglect while in the custody of the Bureau of Education.) J. Salmon cannery and wharf. (Seized 1915, destroyed by fire 1916, while in the custody of the Bureau of Education.)

K. Sawmill. (Seized 1915, seriously damaged by neglect while in the custody of the Bureau of Education.)

L. Water-power pipe line. (Seized 1914, seriously damaged by neglect while in the custody of the Bureau of Education.)

L-1. Water tank. (Seized 1914.)

L-2. Small water tap. (Seized 1914.)

M. Storehouse. (Seized 1915.)

N. Carpenter and machine shop. (Seized 1915 and destroyed.)

CHURCH INVADED AND FATHER DUNCAN FORBIDDEN TO PERFORM RELIGIOUS RITES

Marsden, a missionary assigned to Saxman by the Presbyterian Board of Home Missions, who had been made secretary of Annette Islands Reserve under the new rules and regulations through corrupt manipulations by agents of the Bureau of Education, wrote to Father Duncan, on February 19, 1916, as follows:

I am told that on Sunday morning, February 20, you will perform the ordinance of Baptism on some of the young persons of Metlakahtla in the Metlakahtla Church.

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If you do not stop from committing the sacrilege spoken of above, on Sunday morning, the 20th of February, or at any other time during the same day, or any other day; You are now warned that steps will be taken to have you discontinue your public preaching in the Metlakahtla Church. Under the law the writer is the legal custodian of the Metlakahtla church building as secretary of the Council of Metlakahtla, and I give you fair warning that you will find the Metlakahtla church building closed against you if you do not leave alone the performance of the sacred rites before the public.

A few days later, on February 24, 1916, Marsden wrote to Dr. James H. Condit, a representative of the Presbyterian Board of Home Missions in Alaska, as follows:

The curious fact in law about myself as secretary of the town council here is that I have the clearest legal right of enforcing whatever the people here demand concerning the use of the Metlakahtla Church building.

All the public property that belong to the Annette Islands' Reserve, other than the school buildings which are under the immediate use and care of the Government teacher, and also the private homes on the island which are under the care of persons coming here, are under my care as custodian.

Mr. Duncan can seek remedy in the courts for his expulsion, but until the Government at Washington changes the rules and regulations of Annette Islands' Reserve, he will not find any redress.

The Chief of the Alaska Division of the Bureau of Education, on May 23, 1917, wrote to William G. Beattie, an agent of the Bureau who took a very active and agressive part in the invasion and illegal seizure of the property of Father Duncan and his mission, as follows:

You spoke of the probability of a Presbyterian church being organized at Metlakahtla sooner or later, and that because of the fact that you were a Presbyterian you would be given the credit for organizing the same. In my opinion, neither the Presbyterian church nor any other denominational church will be organized at Metlakahtla for a number of years. I am convinced that it would be a very serious mistake to attempt to organize one, or even to encourage the organization of a church there for a number of years. The independent organization which they now have can, I am sure, run along at least 3 or 4 years after the time when Mr. Duncan is no longer a factor in Metlakahtla. At any rate, I am willing to be embarrassed and take the responsibility for any Presbyterian church which you may have have the bad judg ment to organize during your incumbency at Metlakahtla.

Showing that the plotters were using Marsden as a willing tool in the attempt of agents of the Bureau of Education and their confederates to capture or destroy Father Duncan's mission, the following is quoted from a letter of Dr. James H. Condit to William T. Lopp, Chief of the Alaska Division of the Bureau of Education, dated June 22, 1917:

I have recommended to the Board in New York that Marsden's commission be extended to October 1

me.

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I have read a copy of his letter to you of June 16, [? 14th] which he has sent You know the native mind well enough not to attach any too serious interpretation to this declaration. Also you know that Professor Beattie will be able to manage him perfectly in all matters whether spiritual or temporal

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Shortly after the death of Father Duncan on August 30, 1918, the keys of the building of the world famous Metlakatla Christian Church, established and conducted under his pastorship as an entirely independent and nonsectarian Christian organization for nearly 40 years, were seized by the Bureau of Education from Dr. Henry J. Minthorn, the authorized pastor then in charge, but because of the devotion of the natives to the teachings and the memory of Father Duncan and the loyal and determined stand of the Metlakatla Christian Church members and supporters, attempts on the part of the Bureau of Education and its confederates to retain possession of the church have been futile.

During these religious persecutions and the reign of terror under the sanction and direction of the Bureau of Education, the members of Father Duncan's Church quietly met in their homes to conduct religious services, but on March 4, 1919, Marsden, as Secretary of Annette Islands Reserve and with the sanction of the Bureau of Education, posted a notice in Metlakahtla to prohibit such meetings and accompanied this act with verbal threats and intimidations.

Through gross and vicious falsifications and deceptions, agents of the Bureau of Education and their confederates deceived and misled the Secretary of the Interior into sending a telegram to the mayor of Metlakahtla, dated December 21, 1920, unlawfully declaring that the Metlakahtla Christian Church Building "is under direction of Secretary of Interior"; unlawfully ordering the mayor to hold a town "election of three trustees to control church building" and to make "arrangements for its use by all religious organizations of Metlakahtla"; unlawfully directing that the qualifications of voters and methods of procedure in this church election be "same as in elections of other [town] officials" and suggesting that the local official of the Bureau of Education "be one of election judges"; and unlawfully declaring that the "United States marshall [marshal] will enforce compliance with arrangements if necessary." is

KETCHIKAN, ALASKA, CHRONICLE EXPOSES A GRIEVOUS OUTRAGE

Referring to the telegram from the Secretary of the Interior to the Mayor of Metlakahtla, the Ketchikan, Alaska, Chronicle, published at Ketchikan, about 15 miles from Metlakahtla and having full opportunity to obtain first-hand information, stated editorially on December 31, 1920, as follows:

"This apparently has reference to the threat of Marsden to leave the Presbyterian Church, expressed in a letter written by him to Lopp on June 14, 1917:

"In order that there be no blame resting on me in the future I wanted to exhaust every honorable argument with the Presbyterian Board concerning the continuance of my commission before I would acknowledge the matter settled, hence some of the copies of correspondences that I am sending to you with this letter.

"It is very easy for me to disconnect myself from that society at any time, and I am of the conviction that that course should have been followed about 5 or 6 years ago

16 Notwithstanding these high-handed proceedings manipulated by the plotters, and contrary to their intentions and expectations, in this town election in which nonchurch members were permitted to vote, only actual members of the Metlakahtla Christian Church were elected as trustees.

CRIME AGAINST FATHER DUNCAN

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Word, received at Metlakahtla a few days ago, that the Christian church there should become the common property of the community and open for worship by all sects, came as a surprise and as a blow to the communicants who have held it as their own since they built it.

The situation at Metlakahtla with reference to the church is one of much interest to the whole country, because of the prominence of Father William Duncan, its founder, and is worthy of much consideration. It is not merely of passing interest to the people so vitally affected.

In the very first session of the first Congress of the United States, the first amendment to the Constitution was submitted and later was ratified by the States, setting forth that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." It was a principle recognized and established early in the history of the greatest democracy the world has ever known, yet the Government itself, through its bureaus, is deliberately trying to interfere, in effect, with the worship of a devout people who were raised from primitive ignorance and superstition to devout Christianity. The Bureau of Education, through the Department of Interior, is attempting to take from the faithful children of Alaska's greatest missionary, Father Duncan, the house of worship which they built with their own hands and their own money. It is one of the greatest crimes ever perpetrated or attempted in Alaska. Neither in morals nor on any other ground can the action of the Government be justified or justifiable.

More than a half century ago, William Duncan arrived in the midst of a tribe of natives on the coast of British Columbia, whose savagery had not even come in contact with civilization or Christianity. Through sheer force of character, perseverance, intelligence, and Christian virtues he raised the people whom he had adopted as his own from the barbarous to a state of high intelligence and morals. Over a quarter of a century ago he and his trusting native friends migrated to what is now Metlakahtla and founded a new settlement.

From a wilderness, Father Duncan and the hard-working, ambitious natives hewed their town, built their homes-incidentally the best in Alaska-established their sawmill, erected their church and their schoolhouse, and progressed. For a quarter of a century the settlement knew not a teacher or a preacher but Father Duncan, who gave them the teachings of God in a simple, comprehensive manner, yet at the same time failed not to instruct them in the practical manual trainings such as are being taught all over the country today.

Long before any of the towns of the United States in their high civilization, took up the manual training idea, Father Duncan was leading the way, and with success.

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It may be said without fear of contradiction that the percentage of church attendance [at] Metlakahtla has been greater than any settlement, native or white, in Alaska, or even in the United States. There was scarcely a man or woman who did not attend the divine service at least once a week or more often. In their fervence, they erected one of the most imposing churches in Alaska, and cleared it of debt. Father Duncan gave it the name of the Christian Church of Metlakahtla, in that it was not connected in any way with any [sectarian] denomination, and so it thrived.

Years and years there was peace in the community and in the church. No one thought of questioning the right of the members of the Christian Church to their property. It was theirs morally and physically. Then came the Bureau of Education-and trouble.

* * * But from the day the Bureau of Education stepped into Metlakahtla, it has pursued the wrong course entirely, and now comes the crowning act of iniquity in trying to wrest from the builders of the church the pride of their lives.

If part of the congregation saw fit to remove from the Christian Churchand it was a small percentage, not more than 20 or 25 percent-there could be no objection, but neither they nor the presbytery in whose name they work, in equity or in morals, had any right to want to confiscate or even use the Christian Church, unless with the full consent or at the invitation of its owners. No church in the world has ever had a minor portion of its congregation withdraw and then have a say as to the disposal of its property, nor should they at Metlakahtla.

The very telegram sent out to Metlakahtla

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shows the hand of the ureau of Education, and a surmise that it was even dictated by Dr. Claxton, ead of the Bureau, or his secretary, probably would not be incorrect.

The original owners of the Christian Church at Metlakahtla are entitled to the roperty. They are entitled to the support of not only every native but every hite person in Alaska and out of it. And if necessary, a special bill should be ntroduced in Congress and passed, giving them title to it. It is to be hoped, Indeed, that steps to this effect will be taken.

FATHER DUNCAN'S PRIVATE PROPERTY AND THE FISHERIES OF ANNETTE ISLANDS RESERVE ILLEGALLY SEIZED AND TURNED OVER TO OUTSIDE COMMERCIAL INTERESTS

After the seizure of Father Duncan's personally owned industrial plants, to the creation of which the Government had never contributed a penny, his salmon cannery and other industrial improvements were leased by the Secretary of the Interior to outside commercial interests, who have since operated them for their own profit.

Following the illegal seizure of Father Duncan's industrial plants, the Chief of the Alaska Division of the Bureau of Education wrote to the superintendent of schools of the southeastern district of Alaska on February 13, 1916, as follows:

Before taking the responsibility of delaying further the decision to lease to Harris (the attorney said we should call it a "contract") I wanted to get additional information regarding our exclusive fishing rights in those waters.

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* It is our present intention, if successful in securing exclusive fishing rights to the bays and 1,500 feet of the shore waters, for Metlakahtla, to try to secure the same for Hydaburg, Mowquakie, and others * *

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17 This plan of agents of the Bureau of Education to repeat in other parts of Alaska their schemes to obtain control of the fisheries appears to have been successfully carried out at Hydaburg, concerning which the following documents are illuminating.

Letter from Charles W. Hawkesworth, agent of the Bureau of Education at Hydaburg, to William T. Lopp, Chief of the Alaskan Division, Feb. 4, 1912:

"Here is a serious point that we did not consider quite enough in choosing this site for our town. That is the anchorage and the wharfage. In the first place it is almost impossible to get an anchor to hold on the bottom north of our mill site. Waggo [Waggoner] had three out the last time he was here and still he drifted to within danger point on rocks, when one anchor caught in some stones and held him.

"Furthermore at low tide the Northland could never get in here. It was about half tide the last time the Northland came and the captain tried to come in, but he had to get out, and then he had trouble in turnind [turning].

"He said he would not come in again. Our sand spit is great for games and a recreation ground but we do not have the water for a large ship. True, anything could come in at high tide, but ships cannot always plan to reach our port at that time.

"I feel mighty sorry about this for any town, to grow, should have a harbor and plenty of water for big ships.

"I don't know as we can blame Wallace for fixing this spot. Let's blame Waldron; he is out of the service and cannot answer for himself. I have not talked fifth anyose [with anyone?] about this, but have maintained all along that we could fix every thing all right and that our anchorage was O. K."

Letter from Will A. Barrows, agent of Bureau of Education at Hydaburg, to Chief of Alaska Division of Bureau of Education, Dec. 31, 1920:

"What is going to be done about the cannery? It is getting to be an acute complaint in this village. I presume you are aware that the transfer of the [natives'] cannery subscription over to the store funds, or rather the amalgamation of the money for the cannery project with the Hydaburb Trading Co. is entirely unknown to the natives here. Every one of them interested, and all are more or less interested, imagine that down in the Washington Mutual their cannery money is lying idle. For the past 3 weeks the demands for this money has about driven me insane. Here is a sample of the declamations several times every day from different individuals: 'I put dollars into cannery fund. Long time we wait. No cannery. All rotting down. Money in Seattle. I guess you pay me back, hey? I need money very bad now. Cannery don't need money because house and machinery rotting and rusting. Yes, I take my money back, $13,000 in bank in Seattle don't do Hydaburg people any good. You give me my money now.' This comes from the big and the little subscribers to the cannery fund. I, myself, didn't know that this cannery fund was any other place than in the bank for cannery purposes until Mr. Hawkesworth told me last Sunday. I was somewhat taken back, but what I felt is nothing to what the average native will feel when he is informed that his cannery fund hasn't a picayune-son. Mr. Hawkesworth had a taste of this incessant demand for money back while he was recently here. He put them off until January 28. That's what I've been 26465-39-pt. 35-16