compliance with some Federal requirement in furnishing water to carriers, that the water here is pure; and I have always stated that I couldn't detect that any disease has been transmitted to our population by the water.

* *

Anyone going to Metlakatla could see that they have many, many

times more pure water than they could use.

STATEMENT BY MRS. MATILDA W. MINTHORN

In a letter dated June 1, 1925, Mrs. Matilda W. Minthorn, the missionary pastor of the Metlakantla Christian Mission, referring to photographs taken by a native photographer of the natural sources of water supply of the village of Metlakahtla, states:

He has taken a picture of the source and mouth of each of these three streams of living water, and they are perenmal except that in time of drought, or a long speil without rain in summer, two of them cease to run, but the third one runs constantly and never has been frozen over in the coldest winter. This is because of the powerful spring that feeds it. It is the central one of the three.

The one farthest east, or the sawmill stream, has its source in Skater's Lake but also has, near the beach, a spring. Back of it a little distance is a large pond or lake known as Skater's Lake. It is the place where the winter sport of skating is enjoyed and is but a half mile from the village.

The stream in the right center of the sketch is the one that was never dry. Many obtained their water supply from it. Up toward the church, in a vacant lot of ground, is the spring, not near to any dwellings, but its source is farther back behind the church.

The one farthest to the south (1or the beach makes a turn of about as near a right angle as can be, bringing the last two mentioned streams on the south side of the village), comes from a pond and springs above the bank along to the beach. It is a small bench of land, and runs back in a long level swampy stretch of country toward Yellow Hill. It is like the others, a stream of clear, pure water.

At first Mr. Duncan had a pipe line to Skater's Lake, I am told, for his sawmill use. Then as he says in his letter of June 11, 1914, to Secretary of the Interior Lane (copy attached), the excellent water power to be had from the outlet of the lake up between Purple and Leadville Mountains, seemed to be a better solution of the question and a pipe line was laid from the sawmill to the lake, Chester Lake.

Later on, it seemed advisable to use this in the cannery and it was piped to the cannery plant. It was not intended by Mr. Duncan for a water supply for the village. Both he and the natives considered the same source of supply, the three streams, as adequate for their use always.

In the winter season, he used to close the pipe line from the sawmill to the cannery in very cold weather to save the pipe from being destroyed by bursting, and the water supply of the village was still obtained from the streams. One of the familiar sights and sounds to me during my first year in Metlakahtla was the procession of small hand or express wagons filled with pails and cans and any convenient receptacles for water, being hauled through the streets to their homes. This was in the winter of 1917-18.

Dr. Minthorn had told me that Mr. Jones, the first Government agent and teacher. had reported that the water was not healthful for the use of the people.

But in all the years of his service here the doctor said that he had never discovered any sickness due to the use of the water. There was never any malaria nor any typhoid, or similar diseases here.

However, as it was the intention of the first employees of the Government, and the opposition here, to destroy every trace of the mission and to send Mr. Duncan away and to discount all his work, it was necessary to find fault with everything that could be made out to be a bad case.

This I had from Mr. Duncan's own lips as we talked, or rather he talked to me, in the long winter evenings when I first arrived. He gave me a very graphic description of the occasion when Mr. Jones told him that he must leave the island or be put off.

26465-39-pt. 35-34

Inquiry has shown that even after the water was piped to the cannery, people near to it used the streams and springs instead. I inquired of some who were inmates of the girls' home which was closer to the cannery line than to the stream and they told me that they always used the water from the stream.

The faucet near the cannery would not be available for more than perhaps one-fourth of the people without coming past the streams where they used to get water before and some of them would be some distance away.

SEIZURE VIOLATES CONSTITUTION

Regarding the confiscation of Father Duncan's privately owned water power pipe line, the documentary evidence reveals that this illegal and high-handed seizure by the Bureau of Education is based

on

1. A false and unsigned so-called legal opinion, misquoting the law, exposed in the preceding section; and

2. False statements made by Marsden and representatives of the Bureau of Education disclosed in this and preceding sections. The documentary evidence further discloses

3. That Father Duncan's privately owned water power pipe line was seriously damaged by the wanton neglect of representatives of the Bureau of Education.

4. That after making repairs caused by the Bureau's neglect, with a large outlay of funds, Father Duncan's privately owned water power pipe line was turned over to outside fishing interests to be used in conducting their cannery operations.

5. That, notwithstanding this shameless record, the Department of the Interior continues to retain in its custody this privately owned property wrongfully and illegally seized from a renowned and distinguished missionary, who had unselfishly devoted his life and all of his means to the uplift of savage people.

From the documentary evidence it will be indisputably seen that Father Duncan's water power pipe line was autocratically, arbitrarily, and unlawfully seized, taken from him and confiscated in plain violation of the mandatory declarations of our Constitution that privately owned property cannot under any conditions or for any reason be taken "without due process of law", and in no case "for public use, without just compensation."

SECTION 39. RULES AND REGULATIONS CHANGED TO AID PLOTTERS

A comprehensive statement of facts in regard to the overthrow of the local government of the Metlakahtlans. Long-established and successful government of Metlakahtlans overthrown by new rules and regulations. New rules and regulations amended to permit exploitation of fisheries. Saxman missionary made dictator of affairs of Metlakahtla under new rules and regulations. Policies and methods of Father Duncan with respect to local administration. Father Duncan's rules for Metlakahtlans sanctioned by Congress, recognized by Secretary of Interior, and approvingly mentioned by Supreme Court of United States. Form of government and rules and regulations adopted by natives under Father Duncan's guidance. Efficiency of native government. Father Duncan a world leader in Indian civilization and government. New rules and regulations prescribed by Secretary of Interior instigated by Bureau plotters. Metlakahtlans did not ask for change of government. Covetous bureaucrats seek greater powers through new rules and regulations. Autocratic powers conferred on Bureau representatives. Bureau plotters begin usurpations under new rules and regulations. Usurpations by Marsden under new rules and regulations. Religious influences

crushed and eliminated. Old and new rules compared. Bureaucratic rule substituted for self-government. Maladministration under new rules and regulations results in failure and demoralization. Statements of natives showing insecurity of property rights under new rules and regulations. Statement by Harry Lang. Statement by Thomas Hanbury. Secretary of Interior exercises unwarranted legislative functions. Secretary of Interior exceeded his authority. Annette Islands Reservation is a special reserve. New rules and regulations not needed. Citations of authoritative opinions. Following the invasion of Father Duncan's mission grounds, which had been peaceably used for mission purposes and occupied by the mission buildings for 27 years, and after Father Duncan's privately owned water-power pipe line had been illegally seized, the Bureau plotters formulated their plans to overthrow the local government of the Metlakahtlans through new rules and regulations that would aid them in their nefarious work.

Planning to make further invasions and seizures at Metlakahtla on July 31, 1914, P. P. Claxton, Commissioner of Education, wrote the following to William G. Beattie, superintendent of schools for the southeastern district of Alaska:

I suppose the status of property, including the wharf, sawmill, cannery, church, etc., will be decided, so far as this Department is concerned, when rules for the government of Annette Island are approved. I am asking Dr Hamilton to get together the points that have been discussed and agreed on for the government of the island so that I may go over them with him within the next few days. As soon as they are worked out I shall ask the Secretary of the Interior to approve them. Everything will be much simpler when we have definite rules to go by.

A COMPREHENSIVE STATEMENT OF FACTS IN REGARD TO THE OVERTHROW OF THE LOCAL GOVERNMENT OF THE METLAKAHTLANS

At the time of the intrusion of the school of the Bureau of Education at Metlakahtla the native community was governed by rules formulated by Father Duncan, adopted by the Metlakahtlans, sanctioned by Congress, recognized by eight Secretaries of the Interior, and approvingly cited by the Supreme Court of the United States.

LONG-ESTABLISHED AND SUCCESSFUL GOVERNMENT OF METLAKAHTLANS OVERTHROWN BY NEW RULES AND REGULATIONS

On January 28, 1915, the rules of local self-government, lawfully adopted and enforced by the native council of Metlakahtla under Father Duncan's guidance for 27 years with such marvelous success, were supplanted by new rules and regulations for Annette Islands Reserve, recommended by the Commissioner of Education and. approved by the Secretary of the Interior, with the following evil results:

1. All provisions of a religious nature were eliminated and all pledges to observe the Sabbath, to be truthful, honest, and industrious, and to refrain from gambling and the use of intoxicants were discarded.

2. Father Duncan's policies and methods of government which had proved their efficacy in lifting ferocious and degraded savages to a high plane of Christian civilization were annulled through the roughshod and mercilessly dominating activities of the Bureau of Education.

3. Under the administration of the new rules and regulations by the Bureau of Education, the rights of the Metlakahtlans were further invaded and the operation of their fisheries illegally turned over to outside private commercial interests.

4. The annulment of Father Duncan's rules opened the door of the community to trouble makers and other undesirable persons, whose pernicious activities and corrupting influences resulted in serious demoralization.

The form of self-government of the Metlakahtlans, for which the natives had been so successfully educated by Father Duncan's methods, was autocratically overthrown, and their rights to administer their affairs were obliterated by the new rules and regulations which gave to "The person in charge of the work of the United States Bureau of Education at Metlakahtla" a seat in the council, with "authority to suspend the operation of any ordinance of the council"; and to the Commissioner of Education the power, with the approval of the Secretary of the Interior, to "declare null and void any ordi nance passed by the council." (Art. VIII, sec. 1.)

Among other things the new rules and regulations provided:

ARTICLE II. LOCAL GOVERNMENT

SECTION 1. The local government of the Annette Islands Reserve shall be vested in a council consisting of 12 members, all of whom shall be members of the Annette Islands Reserve.

SEC. 2. The officials of the Aunette Islands Reserve shall be a mayor, a secretary, and a treasurer.

*

*

SEC. 3. * ** Only male members of the Annette Islands Reserve shall be eligible for election to any office or to membership in the council.

*

SEC. 9. The secretary shall be custodian of all public buildings and property on Annette Islands Reserve not under the direct supervision of the United States Bureau of Education. [Provision under which Marsden claimed custodianship.]

ARTICLE V. THE DUTIES OF COMMITTEES

SECTION 1. The executive commitee shall be composed of the mayor, who shall be ex officio, its chairman, the secretary, the treasurer, and the person in charge of the local work of the United States Bureau of Education. The executive committee shall meet at least once a month. Meetings may be called at any time either by the mayor or the local representative of the United States Bureau of Education.

SEC. 2. It shall be the duty of the executive committee to make recommendations to the council regarding ways and means of bettering the conditions of the community. The secretary shall keep a record of the proceedings of the committee and shall report its recommendations to the council.

SEC. 3. In the absence of a majority of the members of the council from the reserve, the executive committee shall carry on the work of the council and shall report its actions in full to the council at its next meeting: Provided, That the executive committee shall have no power to levy taxes or fines or to repeal any ordinance passed by the council.

SEC. 4. The council may add to the duties of the executive committee from time to time.

*

SEC. 5. Continuous absence from the Annette Islands Reserve for 2 years or longer shall constitute forfeiture of membership in the reserve

*

**

*

ARTICLE VIII. SPECIAL PROVISIONS

SECTION 1. The person in charge of the work of the United States Bureau of Education at Metlakahtla shall have a seat in the council and all the privileges of a member of the council, except that he shall have no vote. He shall have authority to suspend the operation of any ordinance of the council whenever he feels that such action is for the best interests of the reserve, but he shall immediately report his action in the matter, with his reasons therefor, to the district superintendent of schools, who shall refer the matter to the Commissioner of Education for decision, with his recommendation thereon. With the approval of the Secretary of the Interior, the Commissioner of Education may declare null and void any ordinance passed by the council.

It will be seen that, under article V of the rules and regulations prescribed by the Secretary of the Interior, autocratic powers were given to an executive committee, composed of the mayor, the secretary, the treasurer, and the person in charge of the local work of the United States Bureau of Education.

By means of this cunning subterfuge provided in the new rules and regulations recommended by the Bureau of Education, Marsden and the agent of the Bureau at Metlakahtla were placed in a strategic position to continue their illegal acts regardless of the rights of the community and without the knowledge and consent of the native council.

NEW RULES AND REGULATIONS AMENDED TO PERMIT EXPLOITATION OF FISHERIES

Under the administration of the Bureau of Education Father Duncan's wise policy of conserving the fisheries, the principal means of sustenance of the natives, was reversed, and destructive fish traps were illegally established and operated in the waters of Annette Islands Reserve by outside commercial interests, regardless of protests and objections by the natives.

On February 11, 1915, less than 2 weeks after the new rules and regulations were prescribed by the Secretary of the Interior, an amendment thereto, recommended by Claxton, Lopp, and Jones, was approved by the Secretary of the Interior, so as to provide:

(1) That, until otherwise ordered by the Secretary of the Interior, natives or associations of natives of Metlakahtla who have secured the approval of the council of the Annette Islands Reserve be given permits by the Secretary of the Interior to erect salmon traps on the shores of Annette Islands, on condition that they pay to the Secretary of the Annette Islands Reserve, at the close of each fishing season, a yearly tax of $25 for each trap; * *

Through the native council, elected and controlled by the domination of agents of the Bureau of Education, permits to establish fish traps in the waters of Annette Islands Reserve were granted to natives who assisted the Bureau plotters in schemes to supplant Father Duncan and to exploit the Metlakahtlans.