In speaking of the blacklist and Brendible's attitude and actions, Lopp said in his letter of December 1, 1917, to Beattie:

* * unless it is straightened out aright will make no end of trouble. So please do better than your best.

Nor were Lopp and Beattie the only ones who feared the effects of the blacklist. We find Marsden, who at first said that "it was too small a matter to write you about", saying to Lopp in his letter of March 21, 1918:

While I admit that the Benson affair has caused us much embarrassment as well as placing your department in a bad way, * * * I agree with you that it will be used at Washington to make you and ourselves much trouble, if the facts are not understood and accepted.

BENSON'S STORE DESTROYED BY FIRE

In the midst of this turmoil, Benson's store was destroyed by fire, and regarding this fire, Beattie said in his letter to Lopp on February 18, 1918:

* it seemed to me that the fire was just in the next block below the school. I had not heard the firebell. I hurried down and found that it was Benson's store. It is a total loss. All kinds of rumors are flying thick and fast today. * *

*

STATEMENTS OF NATIVES REGARDING DISCRIMINATIONS

Not only were the Metlakahtlans "sweated" under the labor contract entered into between the Annette Island Packing Co. and the Metlakahtla Commercial Co., as already detailed, but under that arrangement the conspirators prevented followers of Father Duncan from getting employment in the cannery.

The following is quoted from an affidavit of Edward Benson sworn to before Arthur G. Shoup, notary public for Alaska, on June 20, 1921:

In the year 1918 a mass meeting of the people of Metlakahtla was called to show to the public the financial returns of the Metlakatla Commercial Co. for the year. ** * Marsden went on to say that I and Haldane and Hewson should invest in this company, even if we purchased only one share. * * So next day I went to see Mr. Beatty [William G. Beattie, agent of the Bureau of Education] * So I said to Beatty, "I want one share", and

*

*

gave him $10 the price of one share in the company and Mr. Beatty took my money and said, "I will have to wait till the secretary of the company comes back, to sign the certificate of stock, before I can give it to you." Three days after I heard that there was a meeting of the stockholders of the company in which they refused to accept me into the Commercial Co., * ** * I had to take my money back.

Some time after this my store burned down and when I got my insurance I met Mr. Lopp and he said to me, "Do you want to buy any shares in the Metlakatla Commercial Co.?" I said "yes." ** * * I met the secretary of the company, Edward Marsden, and I told him I wanted to by [buy] stock in the company, but he said to me, "It will be better for you to start a business for yourself, as the Commercial Co. is not a very good investment, the company is in the control of one family who are getting all the returns of the company."

Since the salmon cannery belonging to Mr. Duncan at Metlakahtla has ceased to operate, I have had no employment at Metlakahtla. I was employed by Mr. Duncan as a foreman in his salmon cannery, and all of the people of the community were given employment there.

Since the new cannery has been operating at Metlakahtla the labor for the cannery has been contracted for by the Metlakahtla Commercial Co., of

which Edward Marsden and Charles Brendible are at the head of, and they will not give any employment to any people that belong to the Christian Church, only to the Metlakahtlans that belong to the Presbyterians and the Salvation Army missions. And also they give labor to Chinese and Japanese, Mexicans, and many other people that are helping to wreck the morals of this community. On February 26, 1918, Lopp wrote the following to Benson:

*

I understand from your letter, and one received from Mr. Beattie, that the board of directors and also the stockholders at a meeting rejected your application for 1 share of stock * * If you and Mr. Haldane had cast your lot with the commercial company as originally proposed and understood, there would have been no occasion for the present bitterness.

Further evidence of discriminations against the followers of Father Duncan in connection with the Metlakahtla Commercial Co., and in refusing them employment in the cannery, is found in many documents, among which are the statements of natives of Metlakahtla that follow.

Affidavit of Ralph Smith, sworn to before James M. Shoup, notary public for Alaska, on October 20, 1923:

I, Ralph Smith, am a member of the village of Metlakahtla, of Alaska, and have been there for about 30 years, and I have my home there. During the years 1919, 1920, 1921, and 1922 I have repeatedly applied for work with the Annette Island Packing Co., but have always been refused employment by Mr. Charles Brendible, the foreman of this cannery and head of the Metlakahtla Commercial Co.

In 1920-21 my wife, Mrs. Ralph Smith, repeatedly applied for work in this cannery for my two daughters, and Mr. Brendible, the foreman, refused to give them work, though he was employing others of Mr. Marsden's people of the Presbyterian Church right along.

From his manner, in refusing to employ me and my family, it was quite certain that his reason for refusing was that I was a member of the Metlakahtla Christian Church and a follower of the late Mr. Duncan's mission.

In 1922 I was especially anxious to get work because I had lost my son and wanted to stay at home with my family. I applied again but was refused employment in the cannery by Mr. Brendible. I felt very bad that I should be refused work, for I say that on that very day he hired other men who were members of Marsden's Presbyterian Church and who were not equal to me, and he refused work to me in a very unpleasant manner.

* * * I have now given up all hope and may have to move over to Ketchikan to get steady work if this cruel discrimination against the Duncan followers continues.

One day I went into the Commercial Co.'s store. There were a lot of men standing about and Mr. Charles Brendible came out of the office and pointed at me with a contemptuous sneer, saying, "There is Ralph Smith who is waiting for the money from Mr. Duncan's will."

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*

When Father Duncan was alive and in charge of this mission our hands were full of work. Since the break-up and seizure of Mr. Duncan's cannery and sawmill we are having a pretty hard time.

Affidavit of Everett Hudson, sworn to before A. H. Ziegler, notary public for Alaska, on October 24, 1923:

I, Everett Hudson, 25 years of age, of Metlakahtla, Alaska, state that about May in 1923 I was at the Annette Island Packing Co. cannery. I heard and saw Wilfred Haldane, age about 27 (a member of the Metlakahtla Christian Church), apply for employment. Wilfred Haldane is an experienced box nailer, and he applied for position as box nailer in the cannery.

Mr. Brendilble refused him saying. "There is no place for you to work in this cannery." Next day I say (saw) Brendible engage another man, Theodore Dundas, an old man of 70 years of age, of Marsden's tribe, and a member of the Presbyterian Church. He was engaged as a box nailer although he was a very old man and unfit for such work.

On the second day I saw Brendible engage as box nailer, Harris Atkinson, age 22 years, and a member of Mr. Marsden's tribe and church, and on the

26465-39-pt. 35-55

third day I saw him engage a third man, all of these men for the same job of nailing boxes. This looked so queer that I could not help noting this very great discrimination. I spoke to Mr. Simmonds about this, and he replied, "That is Brendible's department, I have nothing to do with it."

It is common talk amongst the people of Metlakahtla that there is and has been for several years very great discrimination in the cannery against the members of the Metlakahtla Christian Church, by Mr. Charles Brendible who is manager of the Commercial Co.'s store and Indian foreman in the cannery. Affidavit of John Hayward, sworn to before A. H. Ziegler, notary public for Alaska, on October 24, 1923:

*

*

For a period of 3 years before the occurrence of my taking possession of the keys of the Christian Church * I was employed as a carpenter by the Government Bureau of Education, in the Government school buildings, and other works at Metlakahtla, but immediately after that incident, Mr. Lopp to be revenged ordered that I should be discharged from the service, through Mr. Purvance and ever since that time I have never been allowed to have any employment on Government work.

Each cannery season previous to this incident I have been employed at work at the Annette Island Packing Co., but from that time and every season since that I have been refused work there, although I have many times each season applied for work. And immediately after my application has been refused I have seen them employ members of Mr. Marsden's Presbyterian Church. When I asked Mr. Simmonds, the cannery superintendent, he would usually refer me to Brendible who refused me work or with a shrug of his shoulders and peculiar gestures would refer me to Mr. Simmonds.

I have applied for work each year since 1920. One day I met Mr. Frank Hamilton and Mr. Josiah Booth of Mr. Marsden's Presbyterian Church and they said to me. "Why don't you become a member of the Presbyterian Church and then you will never be out of work."

I know that I am not the only person being discriminated against in this manner but many of the members of the Christian Church are being treated in this way.

Affidavit of Benjamin A. Haldane, sworn to before A. H. Ziegler, notary public for Alaska, on October 18, 1923:

On or about July 28, 1923, when Mr. Honour, secretary to Dr. Tigert, United States Commissioner of Education, came to Metlakahtla, he called a meeting of the people in the school auditorium to consider certain charges which he said had been made.

The assembly consisted of a very few of the natives of Metlakahtla. Five were of Mr. Duncan's followers. Twenty or more of the Presbyterians, most of whom were employed in the cannery, and about 10 of the Annette Island Packing Co.'s white staff officers.

Mr. Honour acted as chairman. The mayor and about eight or nine members of the native council were seated near him. Mr. Honour read the charges, some 10 or 12 in number, and requested any one present to say if they were true or not.

Mr. Honour said that the first charge was that Mr. Duncan's followers were discriminated against and were denied employment in the cannery. I stood up to answer the charge and to testify and say to my own knowledge that this charge was true. Mr. Joseph Verney, senior, who is a Presbyterian, a shareholder in the Commercial Co. and an employee in the cannery, also stood up. Mr. Honour ignored my attempt to answer, but he turned to Mr. Verney, who stood far back in the room and received from him a statement that the charge was not true. Then Mr. Honour immediately closed this ques tion and read another, giving me no chance to answer although I stood quite close to the front where he could not fail to see me.

From Mr. Honour's ways and manner he seemed to be unfair and prejudiced against Mr. Duncan and his people.

Abuses and financial irregularities of the Metlakahtla Commercial Co., and continued discriminations against the followers of Father

Duncan, were disclosed in briefs filed with the Secretary of the Interior by Dr. Wellcome on March 17, 1923, June 2, 1923, March 3, 1924, May 18, 1926, and on other dates.

SECTION 68. ILLEGAL GRANTING OF MINING PERMITS

Illegal mining locations by trespassers. Mining permits granted in violation of law. Court decisions and departmental rulings showing illegality of mining permits and locations

The audacity which induced the illegal granting of the mining permits hereinafter mentioned will be more readily understood from the following recital.

ILLEGAL MINING LOCATIONS BY TRESPASSERS

Notwithstanding the fact that Annette Islands had been "set apart as a reservation" by Congress for the exclusive use of Father Duncan and his followers, soon after this reserve was created a number of persons came as trespassers to prospect for, locate, and operate mining claims thereon.

These greedy and avaricious trespassers sought to thwart the law that rights in, or title to, these reserved lands could not be gained under the mining laws of the United States, but they were promptly driven from the reserve by the authorities of the United States.

These early attempts to invade this special reserve were severely condemned by the Secretary of the Interior.

There were a number of condemnations of attempts to throw these islands open to miners which will not be specifically mentioned here, further than to repeat the statement in a letter written to President McKinley on February 16, 1898, by Edward Marsden, the native whose pernicious activities hereafter referred to make that statement particularly pertinent in this connection.

That letter reads, in part, as follows:

While I admit, sir, the existence of certain minerals on Annette Island, yet I wish to say that if the bill referred to above should become law, its effect would be damaging to our people. Therefore, it is to the interest of Christianity and civilization that the New Metlakahtla people be protected in this stage of their progress, and that when the said bill is brought before you for official act it should receive your earnest and careful consideration.

MINING PERMITS GRANTED IN VIOLATION OF LAW

Regardless of the well-known fact that mining rights could not be legally acquired on the reserved islands, and that the presence of prospectors and miners on those islands had been vigorously proscribed and emphatically forbidden, and notwithstanding his representation to President McKinley that the opening of the reservation to miners would jeopardize the progress of the Metlakahtlans toward "Christianity and civilization", Marsden, who later became Secretary of Annette Islands Reserve and a domineering troublemaker in the community, issued to each of 20 different persons a special permit on a printed form which pretended to give rights for "prospecting and mining" on the islands, as is shown by the records of the reserve.

In issuing these illegal permits Marsden claimed to be acting under orders from, and as secretary of, the council of the reserve.

These illegal permits were issued by Marsden notwithstanding the fact that he well knew that it was in violation of the law and that some of the persons to whom permits were issued had made illegal locations on the lands covered by their permits and had been condemned as trespassers and forced to abandon their claims by proper officers of the Government.

Furthermore, the initiation of the issuance of these permits was not inspired by the persons to whom they were issued, but was conceived and instigated by Marsden himself, as was shown by his letter of February 21, 1921, to James Bowde, in which he said:

We are asking those that have made mining locations on Annette Island in the years past to go ahead and do their development work and make their shipments, etc. Will you please fill out two of the enclosed applications, fill each one the same as the other. As soon as we hear from you we will issue you a special permit to protect you until you receive your regular permit from the Department of the Interior at Washington, D. C.

* * *

The Hamblet Bros., Walter Thomas & Co., Finzel Bros., and A. J. Inman have been given permits to go ahead with their claims on Annette Island. In a letter of Frank Goff, dated March 26, 1921, Marsden said:

* * *

* * * You will also find herewith your special permit for prospecting and mining on Annette Islands' Reserve. If there are any minerals to be found and mined on this island, by all means go ahead and work them.

Similar letters were also written by Marsden to other trespassers. In his letter of January 23, 1924, to F. M. Goodwin, Assistant Secretary of the Interior, Marsden stated that

* * * in the early spring of 1921, some 18 American and native prospectors, under certain agreement, were invited at different times on their own expense to prospect for minerals on the main body of Annette Islands Reserve.

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*

Failure of efforts of Lopp and Marsden to have the rules and regulations for Annette Islands Reserve changed in a manner that would have permitted them to issue or control the issuance of mining permits, is shown by the following letter from Assistant Secretary Goodwin to the Commissioner of Education on March 28, 1923:

Your letter of June 22, 1922, has been received, submitting for consideration regulations prepared by Mr. W. T. Lopp, of Alaska Division of your office, covering the location and development of mining claims within the Annette Islands Reserve, Alaska.

This matter has received very careful consideration, and the conclusion has been reached that the Department will take no action permitting mining activities or the cutting or removing of timber for sale from the Annette Islands, without legislation by Congress.

Mr. Edward Marsden was personally advised of this conclusion under date of March 19, 1923, * * *.

Under the circumstances, therefore, it is not necessary to give further consideration to the tentative regulations accompanying your letter and they are accordingly returned herewith.

Copies of the foregoing letter were sent by Assistant Secretary Goodwin to the Commissioner of the General Land Office; Hon. Dan Sutherland. Delegate to Congress; Messrs. Wickersham and Kehoe, Juneau, Alaska; and to Alfred B. Atkinson, mayor, council of Annette Islands Reserve.

The determination of Marsden and his confederates to ignore the rulings of the Department of the Interior is shown by the following official correspondence.