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ME. Grenander Department of
State University of New York Special Collections & Archives
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It has been decided tocarry the Montauk Case to the
united States Supreme Court. The last step in the case which
has spread over many years, Our laryer expects to return by
way of Washington, D.., to abiend to matters necess=ry to
that end, We must have money at once, one hundred dollars,
If we can file the oresent thirty orinted copies we have,
eh are not in the form the #ules of the United States
Sourt require, end which our atcorney hooves to obtain ver~-
mission by soecial motion to deo so, the expense will be
reduced severe] hundred dollers. Ts this must be added,which
would not cause much 2d ional expense, %
réer of the court of apveal, the cetition and writ of error,
tne exact cost cannot ce Figured at this time.
There remains .20 for the Lawyer exoenses to
Aloeny. There is out 1400.00 of annual dues. If
6 awal dues would is apveal would not be. necessary.
On receint of this letter, you will send, or cause to be sent,
so your nearest ounces imen, whose address is given below,
the sum of $3.90. This amount will be deducted from the
annual dues of those in arrears, and itis to be hosed that
those who have already paid tneir assessment for the year
will consider the urgent need of the hour, end stend loyal
to this aveal, There ere over 200 taxable members of Montauk.
In this last struggle for justice, evsry one, even the minors
who cen give, should be willing cmiributors.
Let the tribe ley down all personel differences, make one
strong oull all together for justice. Many moons have passed
Since we set out on the war path, lons trail, heap troubles,
but the end may mean the heritage of our forefathers. Dothis
anc co it at once.
Sincerely,
Janes &, Waters (Chief Wild Pizeon)
Chief of Monteuk Indian Counéi
Little Neck, L.I., N.Y.
Harch 4, 1918.
c. 0. Guffee, 24 Heeth St., Hartford, Conn.
Mrs. HL. Cuffee, 2 “Bast 86th St., N.Y.c.
Walter H. Halsey, Sag Herbor, L.I.
israel Guay, Hast Hor inks
WILLIAM H. GRATWICK VICTOR F. RIDDER CHARLES H, JOHNSON
PRESIDENT ‘VICE-PRESIDENT DIRECTOR OF
STATE BOARD OF CHARITIES STATE HOARD OF CHARITIES STATE CHARITIES.
STATE OF NEW YORK~
DEPARTMENT OF CHARITIES
ALBANY January 31, 1929
Mr. Harry M. Hirsch
Superintendent of State and Alien Poor
105 East 22nd Street
New York City
Dear Mr, Hirsch:
Ate
There has been introduced into the Legislature a bill tal
seeking to change section 121 of the Indian Law to permit the
Shinnecock Indians to lease a portion of Heir land to the village
of Southampton for an air port for twenty-five years, and at the
same time to modify existing law with reference to the length of
time for which they may rent Obhér unimproved tribal lands from
three years to ton years, A copy of this bill, Senate Int. 191,
Pe, 194, is enclosed herewith for your information,
Within three or four days I received a letter from certain
persons purporting to be trustees of the Shinnecock Indians, objecting
to the provisions of this legislation and stating that they did not
understand that any lease was to ve given for more then ten years.
They ask thet the Tegislation be dropped.
Unfortunately I have misplaced this letter and can not
locate it anywhere. I am wondering if you can make a trip to
Southampton not later then Monday, interviewing Mr. Harri M. Howell,
Attorney, Southampton, N. Y., and interview the trustees of the
Shinnecock Indians in order to get at the basis for the objection to
the bill. I would not suggest tc Mr. Howell that the communication
referred to has been lost, but it is important that we have the
communication and I am wondering whether a duplicate or a new
commmication on the same subject can be secured from the reservation
trustees. if you have the time and can easily locate these trustees,
it wight be well to see them first but it is desirable to be frank with
Mr, Howell who, when He was here in Albany, represented himself as
Attorney representing the trustees. I have ne assurance from the
Indians that he represents them. We want to be in position to protect
the. reservation against poor legislation. If you can not make this
twp will°you kindly let me know vefore Saturday noon of this week,
Very truly yours,
Enclosure Aichemet tls TO
Secretary
I arrived at the Shinnecock Indian Reservation, Southampton,
h. I. at 2P. M. and went immediately to the home: of Charlie Bunn,
Senior frustee of the reservation. Wr. Bunn is a Normal School gradu-
ate and is looked uncon as the most intelligent man on the reservations
He told me for some years the Indians have been seeking a source of
income from their property on Shinnecock neck, (on the reservation)
which although level and fertile has been unused. At a meeting of the
trustees in April, 1928, it was decided to seek legislation enabling his
Tribesmen } lease lands for Agriculturai purposes for 10 years. A satis-
factory lease could not be made, because by law it is impossible to
lease for more than 3 years. It was also decided to engage Mr. Harri M.
Howell to prepare the necessary papers and act as Tribe Legal Advisor
pending the required legislation. Everyone on the reservation seemed
satisfied and various Nurserymen offered tempting contracts,
In November, 1928, the Trustees of the Village suggested 4
joint meeting with the Indian Trustees regarding the feasibility of
leasing certain lands for use ag an airport. On December 10, 1928 at
_& joint meeting the attached agreement was reached.
"Between the Trustees of the Shinnecock Indians, parties
of the first part and The Board of Trustees of the Village of
Southampton, varties of the second part.
"Subject to the amendment of the law at the instance of the
first party and a fworable vote on an appropriation at the instance |
of the second partyk it is hereby agreed:
"Bhat the first party will lease to the second party,
Shinnecock Point, bounded North by an Bast and West line extending
from water to water, three hundred fifty, (350} feet South of the
house of Cornelius Eleazer for he term of twenty five, (25), years
at a rental of one hundred, (100), dollars per year for ten, (10),
years and the expenditure of five thousand, (5,000) dollars on roads
on the Shinnecock reservation and keeping said roads in repair,
"For the remainder of the twenty-five, (25) years, the first
party is to receive twenty five, (25), per cent of the gross recsints.
"Should the party of the second part have any improvements on
the premises at the end of twenty-five (25), years, they shall be
iP
entitled to an opfion for another twenty-five (25), years at a rental
to be fixed by agreement or arbitration.
"Phe consideration of the agreement is one, (1) dollar paid
by cach party to the other paid and shall be deemed an option to be
taken up by the second party on or before July 1, 1929.
"Dated: December 19, 1928."
re Indians later regretted making this temporary agreement
and decided to disregard it. On learning that their attorney was also
representing the Village Board, the Indians decided he had violated their
confidence; this is another reason for their unwillingness to go through
with their plan. Mr. Bunn wants the legislation dropped.
I then called on Mr. Harry Thompson, also a frustee. He gave
the same story as Mr. Bunn, but added the information that he would like
to see the property leased to a Mr. Yalentine who would equip a Nurser:
on the property. He voiced the objection thah an airport would bring
‘many curiosity-seckers to the Reservation and all privacy would be removed
from the settlement.
I then called on Charles Eleazar, ramaining Trustee; he is
willing to agree to anything suggested by the other Trustees,dut has no
original views on the matter. I then went to the office of Mr, Harri ¥.
Howell, attorney in Southampton. He realizes the peculiar situation:
attorney for both parties. Mr. Howell thinks the Indims are ignorant,
greedy and no chedit to the town. He thinks the proposition made by the
town board to the Tribesmen is 4 good one and cannot understand why there
should be any objections. He pointed oust the a@ual benefits of the
proposed bill (1) increase of Indian lease period and (2) power of the
fom to lease property outside of its own poundaries. Mr. Howell said
a telegram had been sent by the local Mayor to Sen. Thompson in Albany
advising him to cease action onthe Dill pendingan agreement with the
Indians.
Bue
The letter mentioned by Mr. Wallace was unheard of by the
Trustees; but Mr. Howell informed me that @lliot F.-Kellis - 4 deposed
Trustee and member of the tribe has tried every means to dissuade his
neighbors from the present regime. It seems Kellis is keeping in con-
stant touch with the Towm Board, and is determined to bring the airport
to the reservation. “It is evident Kellis is responsible for the letter.
When I called at the home of Elliot F. Kellis his Mother told
me her gon had gone to town to collect his salary. She said, "he always
- get drunk on payday." TI did not makeany further attempt to reach him.
Xellis' claim is that the entire Bribe should be consulted, althouch
the three Trustees (or Chiefs) are duly slected and have heretofore
handled similar matters regarding @ribal affairs.
Summary.
The Indians want the matter dropped now. Because the situa-
tion has become complex they fear doing anything.
The attorney favors the legislation because he says:"we have
always been responsible for any progress they have made.”
The Trustees of the Town Board are anxious fer passage of the
bill, but decause they have not harmed. the Indians in the past, they
will not do so now, They want the Dill dfopped until such time as a
favorable agreement can ve reached.with the Indians.
Sudmitted by,
Bhomas E. Connolly
2/2/29.
} COPY
Edmonton, Alberta, Canada,
12247 - @%th St.
Mr, Williem H. Gratwick, President,
State Board of Charities.
Iam writing in regerds of my rights as a
Montauk Indian by birth, I heve wrote many letters expect-
ing what is rightfully mine, My father was visited oy a
man of the of Benson years ago with papers all made out for
father to sign, For a cash payment in full, For his allote
ment of land. Father would not sign, Mr. Benson said he was
looking for lost heirs missing at that time, He went to the
State of New York bought the rights, New York received the
money from Mr, Benson, Father never received his money.
Leaving mother and three small girls he died before he got
a settlement with the Benson heirs or the State of New York.
In 1910 they seem to think I should have some light throwed
on my claim, I know by my fathers teachings as Indians teach
their children. One tlaim was on Long Island. From my father's
father was ome right beside the Benson parcel, My grandfather
Indian name was Great Bear, He was chief at one time,
I hope I have made my case cleay.as an Indian can,
gan My father'S:neme was John.Oches Niles. My name is Mrs.
Esther Cass, I have heen writing many letters,I hope you
will be sable to send me something, When Benson paid over
the money to the State of New York the state has the cash
holding in treasure for all missing Montauk Indians until
claimed. There was a claim on the Salamanac reserve father
mentioned many time. And Bugzard Bay. Now will you consider
my claim, I em distitute condition in need and have plenty
somewhere in New York State if it was only given to me as a
writeful owner, Every lawyer wants a fortune to see after the
claim for me, I am not speaking for the whole Indian tribe
just what my father left me, Now give me my own T will not
be living another 50 years. I will have to live too hard
whidh makes a short life of many Indian, So please have
a clear concience by sending me some help. I have read? many
times where my white sisters have get their allotment because
they had Indian fathers or white fathers and Indian mothers.
Pleas agin.
Mrs, iEster Cass.
ee onan
cenmetcetee
meer
eemraeye,
COPY
April 6, 1928,
Mrs, Ester Cass,
12247 87th Street,
Edmonton, Alberta,
Dear Madam:
Your letter of February 15th addressed to
the Secretary of State of ew York has been referred
to this Department because of the fact that we are
now charged with responsibility for Indian affairs,
Inasmuch as your request for information as
to your claim as a member of the tribe of Montauk
Indians has to do with events which occurred many years
ago, we took the matter up with the Attorney-general's
office and have received an opinion on the matter, copy
of which is enclosed herewith, Comment on this opinion
seems unnecessary as it seems to answer your inquiry.
Very truly yours,
Richard W, Wallace,
Secretary, State Board of Charities,
\
cooPpY
April 5, 1928.
Hon. Richard W. Wallace,
State Department of Charities,
23 South Pearl St.,
Albany, W.Y.
Dear Mr. Wallace:
I am returning the letter of Mrs. Ester Cass of
12247 ~ 87th St., Edmonton, Alberte, deted Feb. 13, 1928.
You will recall that she claims to be entitled through
her father, John Myles, or Nyles, or Tyler (her writing
is difficult to read), said to be a Montauk Indian, who
was drowned in Illincis, “years ago", and shortly after
some uncompleted negotiations with one Benson for the sale
of his interest in lands of the Monteuk Indians.
I heve examined the opinions in the case of
Pharoah v. Benson, 69 Misc. 241, also 126 N.Y. Sup. 1035,
affirmed 164 Apo. Div. 51, again affirmed 222 N.Y. 605 with-
out opinion; also the printed record in that case, which
is found in the State Liorary. This case, which was de-
cided in Suffolk County, in 1910, casts some light on Mrs.
Cass! claim.
Before that case the Montauk Indians had failed
in two earlier suits on the ground that they had no capacity
to sue (Montauk Tribe v. L,I. R.R.Co., 28 Apo.Div. 470;
Jonnson vy. L,I. B. R.Go., 162 B.Y. 462) and in 1906 obtained
ah ehadiing act, Chapter 177 of that year, which permitted
them to sue in the mame of their head chief, provided thes
they still existed as a tribe.
F Accordingly Pharoah sued as head chief, against
the executors of Arthur W. Benson and others. It seems that
in 1879 Benson had bought the property in question at a
partition sale, and had recéived a deed, "subject to the
rights and privileges of the Montauk Tribe of indians".
In 1885 Benson obtained conveyances from most of the
Indians which the court found were then occupying the
lands and had any rights in them, and the remainder of
the few Indians having such rights conveyed to Benson
and his heirs at various times down to 1903. Wo Nyres,
Myles or Tyler figures in these transactions, and apparently
to that interest aoplies the 41st finding of fact made
by the court:
Hon. Richard W. Wellace “-3B-
"Phat the rights and privileges of
any descendants of the Montauk
Indians in Indien Field, other than
those mentioned in the 38th finding
of fact [those who conveyed! were
extinguished by abandonment prior
uo April lst, 1885,*
The trial court and the two appellate courts
agreed in dismissing the case, which was a suit to set
aside the conveyances to Benson, holding that the Montenk
Indians had long ceased to be a tribe, and hence could
not bring a suit, even under the enabling act.
Assuming that Mrs. Cass! father was a descendant
of Montauk Indians, entitled to share in the property of the
tribe if it were still existent, and had removed from the
pronerty at Montauk Point before 1885, it isnot difficult
to sée why Benson saw fit to negotiate with him before that
decision, but why Benson's heirs had no reason to continue
the negotiation after the decision. Apparently there
never Was a conveyance from the @ass interest and no money
deposited for it.
Of course this office cannot undertake to advise
wre ther the decision in Pharaoh v. Benson, to which the
Cass interest was not a party, is binding upon it, or whether
the statute of limitations is now a bar. If,in the face
of thet decision, Mre. Cass still desires to present her
Glaim, she should retain counsel,
Very truly yours,
ALBERT OTTINGER,
Aptorney General
By-
Deputy Assistant.
HSH/W.
copy
4537 South Parsray,
Chicago, Aug. $, 1928.
Seoretary of State
Albany, F.Y.
Dear giz
I am a legel descendant of the Monteuk, Trive of
Indians, of Long Island, H.¥. - both linealily an
fen
m7
oO
Lue
o
be
ta
<q
My mocher, who has been dead for 6 number of years, had the
Monteuk bloed, end my father ras 2 mixture of Shinnecock and
Negro blood. iy great grandmather, Betsey Enos, a squaw,
lived and ommed land on Montauk. I learned from the Com
missioner of Indien Affeirs, that Monteuk and Shinnecock
have never oeen under Federal jurisdiction, and that al
? >
trensactions between the Montauks, Sh ecocks,and the rhites
ent of the
were concluded either prior to the estabdlis
Federal Reoublic, or supsequently with tne State of New York
2 i 2
therefore I em advised to write you fur ornation,
es to what benefits are due me es a rigntful descendent. For
more. than thirty years, we have been ur .in, and as
you will see by enclosed booklet, (of which, I am she suthor)
that in the year 1901, thet the United States Government
declared Montsuk's petition a legal one. We employed several
but a
lawyers, auong > 2 Wr. Morrison, (sine passed eray, }
fire broke cut in his home, we are told snc all of our
'
bo
1
tasers, cocuments etc. were lost.
Pe.
Montauk and
s Waters
Pigeon) who died
a
We also encloyed Eugene Cu
Shinnecock cleiment,end later 2«.Chief, (1
about two years ago. We employed ur. Charles Eastmean,
{Sioux Indian,) to go to Washington to look
Meanwhile we held anqal tribal meetings in Sage Harbor, Long
Islenc, conducted by one Nathan Cuffee, Shinnecock) and there
wee abot 300 tribal membere, including Narragansetts, Ghinne-
te
physical type of our tribe, made me agreement with a Mr.
Benson, and these
she is not Indian by descent- purely, Colored American. There
are only s few of us now living, and it seems tagt we should be
recognized, even as the mixture of Indien and whites are now
receiving both land and other benefits from a financial point
of view. I em fully aware of the records on file in Southanoton,
L,I, with reference to Shinnecock, steting that the Indians
shemselves agreed to be setisfied with the Shinnecock Hills
eovering about 3600 sceres, then, in 1859 the Indisns agreed
to surrender the Hills taking as a fee, simoly, Shinnecock
Neck, a reservation of about 450 acres.
Knowing that as a Tri
bal remnant, we have Little or
nothing to hape, for, in the way of benefits, I f
as one of the blood, I should receive some recognition. For a
number of years I have been recoonized emong both white and
Colored Americans, es e Literary Artist, coet snd lecturer,
I am now striving to establish en art Center, where -ne hendirork,
such as painting, sculpture, literart producttons, and 2 sittle
Theatre can be housed, realizing that both the Indien and Negro,
and these younger descendants, have much to offer, Aaserica,
our counsry, in the Realm of Art, and, vetier still, Art seems to
be the potential instrumentality, by which Americen orejudice
ean be lessened,
My cause is worthy, and wholly American, as a contribution
of inherited talent, end I need financiel means to promote the
work, and, encourage others todo the same. Will you kindly return
enclosed matter, at your convenience. I eae nor a resident of
Chicago, having left Boston about twelve years ago. I neve writven
articles, poems, etc. for the Boston Transcrivt, end heave hed
a wice experience as a Research worker,.
I shall sooreciate any information you can give,
reference to Montauk and Shinnecock benefits.
Respecifuliy yours,
Olivia Ward Bush-Banks
econg
Le 2
®
on
3
Denk
cay
GROSVENOR N. ALLEN
KENWOOD, ONEIDA, N. Y.
November 27, 1929.
Hon. Franklin ¥. Ward, das “tore
Adjutant General,
Albany, H. Y.
Attention Mr, Henry S. Manley
Dear Mr. Manley:
Mrs. Allen has asked me to write you with
reference to the property of the Indians abont which she
spoke-to you. Immediately on her return home she went to Utica
and saw the County Treasurer. Ske found that the properties
of the three Indians were scold for taxes and bought im by the
County, and that this fall have been advertised for redemption,
the final date being December 4th. The County Treasurer
gaid he knew this was wrong and that the Indians were not
taxable. He asked Hrs. Allen to go immediately to the local
supervisor, Mz. Youngs, and ask him to have the Board of
Supervisors vote a resolution authorizing the return of the
money the County paid for the property, and he would then return
it. Mere. Allen saw Mr. Youngs who, for some reason, knew
nothing whatever regardin2 the sale. He promised to take the
matter up immediately with both the County Treasurer and the
supervisors and have the matter corrected.
Phe Indian who works for us and whose property
wee one of the three questioned, went to Syracuse yesterday to
attend the hearing and said she saw you there. She seid that
they were told there that their property wasn's taxable.
We will xeep track of the matter thru Mr.
Youngs, the supervisor, and advise you further when definite
action is taken. We certainly appreciate the interest you have
show in the matter. The poor Indians were alma t crazy and
didn't kmow which way fo turn.
Fe traly yours ,
Mr. Jean Vanockee, seeretary of the Shinnecock Indian
Bribe at Southampton, L. i. called at the office today end stated
as follows: .
fhe Shinnecock Tribe has no shiefs but elect three trustees
every year. The trustees now in office are Charles Eleazer, Fred
Arch end Harry Thompson. The present population of the reservation
is between 150 and 180 persons.
Phe lsnd of the reservation is said to be owned by the Tribe;
thers is no in@ividuel ownership. The law provided that each
member of the Tribe be given three-acres of land and as much more
as they may want to be cultivated. If tne land was not cultivated,
it was to reverS back to the Shinnecock Tribe under direction of the
Trustees.
At the present time there is an airport on the Shinnececk
Reservation being operated by white people for commercial purpdses.
4n Indian woman squatter, Mrs. Williams who is a widow and had ten
acres of lan@ took the liberty of leasing her land te & white man
as a Landing place for hig private aeropiane; she receives g1c0o0.
& year for. the use of the ten acres. The law provides that one can
rent out land for a period not to exceed three years, with the
consent of the Trustees. The land of Mrs. Williams has now been
used for one and @ half years.
She has recently turned over her contract to & colored man,
not @n Indian, who is married te her niece. His name is Mr. Johnson.
He has sub-leased this lané to other parties and from six to ten
aeroplanes ere now landing there. Last sundsy they were taking
passengers for free air rides and they have advertised air rides
for the coming Sunday ab 95.00 a ride.
Investigation has been made and if is noted that there is
no veaord of an Gliotment made te Mrs. Williams or to her niece,
Mrs. Johnson. Se iams is at present eighty years o14 and
has had the land for many years, as the allotment has not been
resorded, it would appear that she has no. right to the land.
Yinen Mrs. Williams rented her land for $100. a@ year, the trustees
did not object as she had no other means of a Livwiihood but Mr.
Johnson has put up @ g@rage and gas tanks on the land and the
members of the Tribe do not feel that he is justified in @ing this.
[The trustees feel that neither Mrs. Williams or her alece's
nusbend, Mr. Johnson have a right to use the land in this manner.
The aeroplanes fly very low at times and infringe on other peopleis
property, They want the commercial airport business stopped and
ask that the matter be taken care of in the interest of the Indians
without delay. ‘They ask whether they should set oub en injunetion
to prevent the white peeple from opening the commercial airport.
Me. Vanockee is an &pachee Indian from the Sante Fe
Reservation near Alougquerque, Nex Mexico.
>
LLP
dune 19, 1930.
Re: Shinnecock Reservation
Shere is @ piece of lané about 90 acres in size set
part from which the Indians gather taelr wood. It was formerly
apart of the original reservation ané belongs to the Tribe.
fhe man whose land borders this stretch of woods has
moveé his Landmark about fifty fees into the reservation
thereby taking reservation lana that dees not belong to him.
The Pribe asks that this matter be investigated at once.
The Shinnecock Reservation is 750 acres in size, worth
$150). an aere. The Indians are at present using only 600
ageares altho they have a right to use the remaining 150 wt
borders around the 600. White folks ciso have the privi
of coming on this border of 150 acres whieh are near the
water. However, this border of land has not been used for
about fifty years. :
The Indians feel that seomethi
the sglause of 1859 7 which set apsrh~
from the 600 they @re now usi Phey do not
folks should have the priv. “60.0 come on
Cs
GOPY
Southampton N.Y.
June 24,1930
Mr.H.M.Hirsch
Assistant Commissioner,
105 Bast 22nd Street,
New York City.
Dear Sir:
Both telegram and letter of June 19th end 20th to hand.
We the undersignea Trustees are gratified to learn that the
mission from us to you entrusted with Mr. Jean E. Vanockee
(Acting Secretary) had the results of a favorable reply.
Both messages duly presented to Trustees and unanimously jein
in requesting of you an immediate visit at your very earliest
convenience. The Trustees understand Mr.Vanoekee has acquainted
you fully with all facts pertaining to the case and our urgent
need of your support and cooperation regarding this Airport
Menace. We deem this an infringement and viclations of our land
Fights and requires your personal supervision or the stern hand of
Lew for a satisfactory adjustment.
Therefore, for this particular reason Mr.Hirsch we feel it cannot
be impressed upon you too strongly, the urgeney of this pressing
matters
Thanking you humbly for past consideration given, we look forward
to your coming with great hopes,
Very respectfully
(Signea} Fred arch
Henry B.thompson
Chas .Zleazen
Gory
Southampton, L.I.
daly 7th, 1930.
ue. E. Me Hirsch
105 B. 22nd St.
RH. ¥. Clty.
Dear Sir:
In reply to your letter of dune 29th will say: ‘The trustees
are waiting the Attorney General's advise next Thursday from Buffalo
before taking further steps tc have injunction served airport officials.
inclosed. you find an article also advertisement both from local papers
The gists of these denotes in our opinion the importance of an imme-
diate judical adjustment. Mr. Johnson has no authority from Trustees
to operate airpert, holds ac claim to lands on Reservation and is net
an Indian. Hig business now quite extensive in consideration of
time sirport opened for commercial purposes, having four (4) air-
planas operating steadily during holidays & weekends. Our second
and third land grievance is a track of land known as Westwoods that
was set apart for Shinnecock Indians for our winter’s wood (firewood).
This is about 3 miles distance from main reservation. ‘fhe enroach-
ment of these lends by two individual parties, C.d. Hordy on H.W.
portion and ¢. PF. Hozelman on S.¥. corner of cur holdings. These
men have been approached repeatedly regarding these violations of
our Lané rights to no avail and we heaving no funds to enter inte a
-legal battle, make our positions precarious.
The lass two mentioned items of scurse will require a
resurvey of our lands or possibly we can acquire by going te town
clerk's office (Soubhampton) a copy of the property holdings of these
men. If a resurvey is required cf course our old land post are still
there to mark the o14 Shinnecock holdings. Matters herein mentioned
ave a few technical points we require leghl aid and of which must
some through your office if we are to enjoy the benefits of State
Rights & Protection. Many more such as read sonstruetion, land
privileges, school and church affairs. These ean be taken up in due
time but the outstanding matters I have tried to point out in order
that you may glean the essentials fcr presentations to Attorney
General on next Thursday, 10th. You must keep in mind Me. Hirseh
the importanee of & visit by you in person.
Phe outstanding hope I have in mind te arouse @ peopis
whom has had very Little care in the past from the State. They need
it Mr. Hirseh end they heave found new hope through my putting then
in touch with your offiee. i hepe you will bear me up in all I
have told them regarding your integrity and office as Commissioner
of Indien rights. I will be waiting patiently with your ghenges 2
next Thur. for a favorable reply. They are looding forward 28 inis
meeting with great rejoycing. Trusting you for this in she name of
these people, i am yours sincerely,
Jean EB. Yanochee, Secretary,
i 3 fian @ 5 . a
Shinnecock Indian tribe, sougheupton, bei, .P.0. Bex 1089
Lease of Shinnecock to the Indians
In order to settle all disputes which mad arisen ccon-
cerning the title to the lend of the town, and quiet the Indians
in their apprehensions at the disappearance of their hunting grounds,
as before stated, a convention of the whites ani Indians was held at
Southampton Aug.16,1705. In addition to the re-purchase of the town,
the whites gave to the indians the following lease of Shinnecock and
the hills:
"This indenture made between the Trustees of the commonalty
of the Town of Southampton in the County of Suffelk end province of
New York on Island of Nassau on the one part and Pomquama,Chice and
Manaman and their people belonging to Shinneecock of the otner part,
Witnesseth: That the said Trustees of the Town aforesaid, by and with
one full consent and agreement for divers good,causes them thereunto
moving, and one ear of Indian corn annually to be paid to the Trustees a
said Town for the time being, yearly, and every year, upon the first
day of November, and for an upon the condition ana privose hereafter
expressed have demised, granted, and to farm letten, and by these
presents do demise, grant, let, ani let to farm unto the said Pomquama,
Shice, Manaman, and their people abovesaid, all that their certein tract
of land lying within the bounds of Southampton aforesaid, called by the
name of Shinnecoek and Sebonac, bounded west by Canoe place, alias
Niamug, and bounded southward by Shinnecock Bay and eastwaré by a Line
punning from the head of Shinnecoeck Creek to the north-west corner 6f
James Cooper's Close, ana from thence northwardly to the westward part
of Jonathan Raynor's lend, at Sebonac old ground, and from thence
on a diredt line to a place called the warehouse by the North Bay,
ami on the north by the Said Bay; meadows, marshes, grass,herbege,
feeding ad pasturage, timber, stone, and convenient highways ,only
excepted, with all and singular the privileges and advantages of
plowing and planting, and timber for firing ené fencing, and ali other
eonveniences and benefits whatsoever, excepting what before is excepted
to the only use and behoof of the said Indians, their heirs and
successors, for one thousand years thence next ensuing the date hereof:
Provided always the said Indians do not keep nor cause to be kept any
part or persed of the said land within fence or enclosed from the
last of October to the first of april, from year to year, during the
whole term aforesaid; and for the full confirmation hereof, the parties
have interchangeably set their hends and seals in Southampton aforesaid,
this sixteenth of August anno Dom. 1705. ni ay
Gach tre gO
a
Form 12284
Charge to the account of. g
J CLASS OF SERVICE DESIRED \ : NO. | GASHORGHG\_
poneeris | cable "
Tevearam.| | Furt RATE '
payLerter| | bereRRED oe
WIGHT TABLE
MESSAGE| cemer |_| '
RiGHr WEEKEND : :
LETTER LETTER ‘ rai)
[Batronschooliciecklass of rervis |
esis otherwise massage wil be
w, draksmitted as a folkrate 5 ~ ‘ f
\———sosmurication, —_/ ‘REWCOMB CARLTON, PREsioENt 5.6. WILLEVER, rina
Send th ay Ie teres A hereof, which ave herebs dip ae
COPY
SV SOUTHAMPTON NY JUL 17 1930
HARRY M HIRSCH
STATE DEP? SOCIAL WELFARE 105 EasST 22nd ST NEW YORK NY
RECEIVED TEPTER JULY. 16TH APPRAISING OF YOUR ARRIVAL SOUTHAMPTON
TUESDAY JULY 22n4.1950 NOON APPOINTMENT OK EVERYTHING ARRANGED ON
THIS END TO THAT EFFECT MAITED NEW YORK CITY OFFICE IMPORTANT
CLIPPINGS TODAY TRUSTEES AND TRIBE LOOK FORWARD YOUR AND MR MANIY'S
| COMING WITH GREAT REJOICING ; : ;
“ JEAN E VOURGKEE
STATE OF New YorK
STATE DEPARTMENT OF SOCIAL WELFARE
DIVISION GF STATE, ALIEN, NONRESIDENT AND INDIAN POOR
OFFICE AT THE CAPITOL
ALBANY, N.Y. duly 16, 19350
Mr. Henry S. Manley,
Assistant Attorney General
fhe Capitol,
Albany, N.¥.
My dear Mr. Hanleys
In aceordance with your suggestion
Z have arranged @ mesting with the Trustees of the
Shinnecoek Pribe and their Secretary te discuss Shinnecock
Reservation matters to be held on Tuesdey duly 22, 1950
atZP.H. There is a train leaving at 957 o*clock
arriving in Southampton at 12330. Mr. Jean Venoeke, secretary
Wilt arrange for us te be met upon our arrival in Southampton.
I will plan to meet. you at the Information
Desk of she Long Island Railread, 33rd Street and Fth Avenue
Hew York City at 750A. HM. E have asked Mr. Wallace to
accompany ue if it ie possible far him to da 90+
Sincerely yours
Prom, Yoadk
Assistant Commisasionere
BME
STATE OF NEW YorK
DEPARTMENT OF SOCIAL WELFARE
DIVISION OF STATE, ALIEN, NON-RESIDENT AND INDIAN POOR
NEW YORK CITY OFFICE
TELEPHONE GRAMERCY 5957 105 EAST 22np STREET, ROOM 502 HARRY M. HIRSCH
SUPERINTENDENT
July 18, 1930.
Mr. H.S. Manley
Assistant etter sy- Geis Pals
The Capital, Albany, N.¥.
My dear Mr. Manly:
copy of
fhe enelosed Aelegram received from
Mr. Jean E. Yourckee, Secretary to the Trustees of the
Shinnecock Indien Reservation will interest you.
Yours very truly, -
ASSISTANT COMMISSIONER.
HM :ER
fewest e@ els aede yr emote, Demy be Mamkeg, cele Som
sttemey Eguers: ond Ragey Be fieneh, Aevintent Geeesiomer ef the
‘nerwen$ of Sede Gliders t the Ghdeuee Seno,
ise 3 socal sahil Sl, be: nln: iii Ith meas
#3 tty Vooteleey dios the Gvieneeess Tew feet
Rgadi, Nieed: end Yeedey wot te de oy ela: Lane
hooey aw conte Chey wero met by Hits Vonected aie iene Cortes ond
im Polbeties eek Gey ere Gobren be fo: Gediee que Gp She Bement
Sen Gk bomdewe ce che Hillere ond there Glawed the m eckied Sekner
fopien Me. Se wee « wey lewd odeos of Met! eotienbe! teteoo: tes
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Ste het of ons Undth, slomein pe and cher goods wore evicenthy ookt
ie comes attreeted by ihe Getiats <2 tae Rome of fry Tonty oy “ecg
& feeied, oO ee chee tro Tmeteee Clewles Wbemtee cui Sed arhe
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fqumerted wiR a Rey Yonl lor offies tenteseoting the Excarey Guxk* and
fomer Remteos Gidebt ©, Meiide on eles Get, ‘Secclus aotek 28
suaweioey 8 Gh guchor mew thea tie ere of foe talegete Ere Heempie
soeuied, The ost ive chino’ sdeatines wen impressively inhetiqust
eed eepelice The airport etter vee Clves (imevest ad 24 ane cutest
' aoe Mees eh gee Pf ke welt ook memeionte to wi iver elie Lie
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We @ibe eborld te cot. Gefier dame aces Mapesibien te eveed
illo
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Sateen bis Miesetiateetion wth ier Gying ever Min bouew, otieters,
Ge seaeeelinn for petsomtle tyiiiement «ith (ehoeo: weer from Monee,
Cares ent Monkey, the Ureetecs beving peetiemsly enneldenet oc inden
Sia ot semdor abt, tee Gag peed ceeepted the emmetiot.
PGi Die quternios Gee Leeiet maw on Gn hour el
06 which Ge be homey mittens oertlenal belo, Give the setiers of
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ageent i seamed bde weg Spies meretive Leudistely acd wee f bows
@ Siwy Gy wrist te atity oGore sue ed oraviewis «sel Be eke
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dpe Bight ers Shite mle beers er so Che ccnepiews doebeokes
i eae op the we of the Meld, haem wromieed to betes the gee with
tehanes to fe “ender OL Gommeyr mee & dene aqirommens alge be
te, Tides Booted AS comes,
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gout of Me genet ond oewiberis Gece Geet Segunda Toye 2% wee poadiag
epee Tht ke Glews Hence commun witch Gat eudeted for arte
teen tleiy yoare col wee verge aosertein coy wept, shad Ge arenes 28
aisoeed © 4 ue the weet Line Bet south ef the ey ane qe
wine Te tary tien residewe wooety towilvss enn ed went B0Re
ate
potters cenkier ty @ Urs “ang fpesheps Chases S. Nandy, ethomeay
of SO Gewem etenk, fee Vouk City) Ge Mey Rebews 5. Meare of 22
gecdter @eest, Ger fork (lore Ge chimmeerc: dele te thea soakdet
eecoseey sem te fous ayer sonwossida ual edition, estebiided in B
2008 alt UP Gey Coortees i euanver demegen cer Smead ef lean fron
te welieh peel. Setestig the tetess Gieoreed a etece seer
a8 in eieet $0 feet enet teem che eeeret wosterly ade of Tee wooded
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mde wing the Geurlenion of te, Gewmnets octet Lies es Glee 28 Diver
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eo, $8 feet In auleretes’ Le een beeel gen 2 amrvey of ble ove jens
Pied 26 Giver feet, f2 wee oucqueted te him thet efver Be Invi aghiax
ohLat Whee t ween He oomeetieds of She Moe fimed by the domo:
eovmer fe atoeld write the Geadtew o letter celmodiofigin: le «ek wonkt
oe eve Rom (ow eer cel fo duest @ fones oF chireaiee mere Ghole
Srey eludes wel dcobtlews ey woul! Se Sila: to toute Sie Sok
gute wee ext chor inperremn ie exer iaie The awed Gh date
hs Ceeandes woes aisle Ge write Go Hy, Tenens to oleider offeet white
eet adlaets
vets Wowk the erotic fer other oGtene cone Geet tie
wegpaned, wha of tap cekk Beun Geo op theee auver of Ute tanke Tame
‘ well
Setion we tie Sotden Coby Shep cot & poonibhe eale af the sendie®
someriy, Th seed fe bo uote’ Yet te ameli ind aw pod ba & fee
teomy weliclaary w oither, ulide temeed che tes wll eoleg
Swites eloweuly copemed My There eoaes te be mech is tle idee or
galling te matlet if « fie slew Gun te obtains? fer thie fine Bosh
Se ST, St lesen s oetenty ddren cn tt cod Gh appemre te
te of Glight oF no cms te toe Ilene y .
Veotids Unley Gat (igeoh eetnemed bo Yee Yor Lobe 288 eee
eel, The ed) wet coeeiieriy inetemsiire oul emeneind, She
shivete epee to ke miaed cite Mitleesien a ame ony hed Cuulings
Bovesber 18, 1920
Perkar & Parker
teunselere 2i Law
1008 United Ruiliding
Eiacare Falls, Ser York
Sentlenen:
I acknowledge receipt of your deiter of the
13th inst. and nete your inquiry relative to the ine
terpretation te be given te subdivision 5 ef section
185 of the conservation low ag applied te white per
sons hunting on the Tuscarere Tndden Reservation in
the open season.
The attorney general dees not write effieisl
epiniens for anyone except siate officerw. However,
for your inforwstion, I cell your mttention ta the
followings
Yhe opinion bo shich you refer in your letter,
reporte? 26 State Nepartment Feperts 49, wes written
April 14, 1521. In 1882, subdivision 5 of section 185
was emended by the lesigleture by chenter 331 of the
Leee of 1923, snd smeng other changes there rere added
neer the end of the sectian the follewine -orda:
Porker & Porker . . « 2.
License shell not entitle the helder te bunt, pursue,
kill or feke such mime animale, fowl, birde and fish
wpom en Tadien reservasien unless the licenesce be en
ed
adian residing gm cuch teservation.? Apparently it
was the intention of the legislature by the e(dition
ef this suendment to onake it clesr thet white persons
shoil mat hunt upeor en Indian tesereation.
You will mote the Iangunee in she firet pars
of segtion 185; "Yo persean * * * shell et any time
hunt * * * except ne herein provided, withowt Fares
heving pYocured a license ¢e te de.* Mere you wilt
See there ia s direct prohibition szeinst a ‘person
hunting within the Stete ef “er York without fist
heving procured = license Irom the conserration Seger
icense which your client hes expressly ¢x-
e" 7
Pe)
ment. The
cepts Indian reservations from the area within wick he
moy humt. Ig wowld seem thet i4 vas the intentidn a
the levigleture to prohibit white persons from atin
within Indian reseryntions.
There hee been a pood @eal of discussion! at)
tine end another about the siatus of the Intign ee
whether he is umjier the exzalusive jurisdiction, af - ‘the
Federal government or whether he ie, te 4
tent, under the furiediction of the ttiate goveriment
qe
Perker & Parker « « + G-
It is our view thet, unless the Federal government
hes by some oct excluded the State rovernment from
forisiiction, the letter hee jurisdiction te leris~
Irte sith respect to Indiens tesiding on their ree
sermitions, and conversely, #ith respect te white
persons eoine ugon Indian reservetions. The sage
of State of New York w. Dibble, G2 0. S. 366, seams
to bé an cubberity suppertineg this vier. I quote
fron the opinion in thie case (gage 370} es follewe:
Ngtrithetending the peowlinr rele-
tion which these Indien notions
nold to the Governnent of the United
States, the Siete of Yew York hed
the power of 2 sovereign over their
persons snd property, se fer as is
Wee necessery to preserve the peace
of the Gomnemrenith, and protest
these freble snd helpless bends froa
imposition end intrusion. The porer
of a Thete te meke such remuletions
te oveserve the perce of the eammunity
is sheginte, end hed never bach sus
rendered .*
Zoeish, efter you have raed this letier and
exanined authorities, you vould ‘give ne your further
vievs om the question.
Yery truly yours,
HARILE
Avtorne; General
&, & FERS
aren Aesistant Attorney Teneral.
Gare
March. / 1054.
Hon. Lithgow Gsberne,
Conservation Commissioner,
Albany, Hew York<
Attention Ur. William 6. Zovard
Gentlemens
You Have asked this offiee for a ruling -
with regard to the enforcement of the provisions
of the Conservation Law relating te setting fires
eni burning brush so far as it may affeet the
Shinneeock Indian, Reservation in the foun of Seath-
amptone
You ask three specific questions:
1. Has the Conservation Department the
anthority to enferce this regulation,
or any ether similar te it on an
Indian reservation?
2. Hes the Coservation Denarment au-~-
thority te pay persons Living on
the reservation for fighting ‘forest
fires?
3. Hag the Conservation Departuent au-
thority te reguire Lagpnaartg by the
tom of one-half the fire bili for
suppression of a five om en Indian
reservation (See Subs. 2 and 3 of
Section 58 of the Conservation Laws)
Hon, Lithgow Osborne--——~2 Mereh 7 1984.
For veasons wyich will eceur te you from
the disewssion herein ne rule ean be promulgated
that will be generally adeptable te all the reser~
vations of the state. ‘fhe varied politics] and
Bisterical background effeeting the mmercus reser
vations as further compliceted by the dissimilar
tribal eugtoms, ugages, courts, etcs, thereomy or
the entire want of them, constitute a distineh prob-
lem im cech case as questions arise.
For these reasons any conclusions herein
wast be considered as applicable to the Shinnecoeks
only ‘eo
fhe Shinn are 2 i of a tribe
of that mmc living on the easterly end of Long
Tslané. Like most of the Indians of the sastern
United Stetes they were of Algonquim stock ani in
their carly histery telked the language of the
Delaware-Lempe group. heir territerial iecation
brought thes inte almost iamediate contact with the
early settlers of the state. The town ef Southampton,
in which the reservation Lies, wis en early colonial
town established in the seventeenth century.
For a period of their histery the Shimne~
setks were unier the comirel ef the Troqucis. They
paid yearly tribete te the Moharks, the keepers of
the eastern “door of the "Leng House®, for mamy years.
Peis gnition of jmty certainly terminated
one hundred fifty living upon the reservations calling
theaselves Indians (Assenmbiy Bocument SL ef 1889, p. 53)
and present investigation indicates that the number may
have dacreased somewhat. One authority estimeted it
at 200 in 1913. At thet time there were two chiefs,
Hom, Lithgow Oshorue-—-—-3 Harch / LOS.
Cherles &. Bown and Wickhan Guffee, the Latter 85
years eld, heving considerable indian Bleed in their
veins. After the Civil War eany negre slaves came
te this section end imtermarried with the Indians.
hen whaling was a prefiteble business many of the
able-bodied men worked on whaling bests. From this
association came an adwixture of English and Portu-
gese blows The reservation new has no pure blood
indians and very few with amy substantial admixture
ef aboriginal bleod, They have no tribal courts,
eustems or festivals. Their oaty self-governing
instiintion consists of a Bosrd ef Trustees who make
leasés ani otherwise comtrel questions of land tenure.
kis institution is due te state legislation. (Indian
Law, art. SJ}. The Stete through its Social Welfare
Bepartaent cares for the indigent and neciy residents
gpen the reservation. It supports a eehoal and there
is a sissien smarek suggerted by qutside sowrees. So
far as imvrestigetion discleses the national government
hes never been coneermed in any way with their affairs.
On dame 3, 1932, the Coumissioner of Indian Affairs
stated that his office had never exercised any supervisbn
ever the Indians om Long Island amd thet the aniy infermea-
eien that department had about them wee histerieal in
mature, In eases od Litigation or imternel Ereuble recourse
has ealueys heen to state camts and officieis, Ho treaties
were ever mide with the United States. Frou time imme-
morial they have heen under state control end pretection.
Apparently the printipel reesen for their listing by the
federal government as Indiang is because of the fact that
they still reside upon 4 reservation.
As supporting the facts set forth, T
append herete references te various authorities.
Assembly Document Si ef 1669, z. 58,3 being a
Report of Saecial Ceusittee af i888 History of South.
supton, Sdems, 19183; Early Et shery f Southampton,
Howell, 1987; * gubioni ties of Long sland, Forman, 18753
Gongressional Doemient No. 1580 of 1915,
Hon.Liitkey Osborne—-——-4 March 7 1954.
LARD FERURE
The adjugiment of Indian land problems on
Leng Islami was toe a great ie iyage ance aed
early period. The Indian ee ks simply
eceupancy. Ji @ Wheat. | 543, Bi tener
w. United States, ¥ Pet. fie Fitle to the lami im the
Gown of Southampton was vasted im said town by tye royal
eherters; toe drxires charter ef November 1, L676 and the
Dongen charter of Deremter 6, 1684.
The town, therefore, must be considered the
somee of tithes. People ve Jessup, 160 0.5. 249.
@n December 18, L640, the exatern end of .
Island was pone Bs fro the Indians by private
parties for a consideration of "sixteen coats already
reeelved, ami alse three store busells ef Indian corn®
ani a promise thet the English protest the Indians
when attacked,
fhe Indians sx
ef ¥ ig ,
acquired the Indian title to "the tewmship of Southampton®
for twenty pounds. Thereafter the town gave the Shimne~
chee 5 fone OF tract af about 2600 eeres for a then-
sand years and finally in 1859 the legislature emected
@ statete (ch. 46) authorizing the town trustees te
negotiate with the Indians fer a cession of the lease-
bold, Pursuant therete the Indians released their
leasehold right te the Shimmececk bills seetion ani
reteined in fee what is known as Shinnecock neck.
Buch other legisletion and title compromise
and agreesent took place, reference to which, however,
is eomsidered unnecessary. Their present reservation
inclades about .459 aeres which they hold in eemion
ownership in foes.
It is apparent that, except as 2 matter of
history, the federal government is oblivious to their
Hom. Lithgow eborne—— maf Harek 7/ idSds
exictence, The atabe amd ite egemcies have had
@entrol ef them thecughert ali the peried of
present interest.
SEBS
the
wardchts existing beteess federsi. goverment
and the Tedien tribes, gives rise te the question
whether thete le amy reserved right er authori
West bearing dows this haw upen the in«
stend matic?
asuse Camgrass BGG ae
there is no lew apen « reservation. Bulkins =. Seoz,
BES EWE. 43<
Bon. Lithges Osberme—---6 Yerch 7 1934.
Fee powers granted under the federsl cen~
stitution are not exclusive unless made soe in terms,
or prohibited to the State or are Incompatible with
the exercise of a concurrent jurisdiction, People +.
Feleh, 141 BY. 266,
Et ig umnesessaery specifieally te refer te
the many state apd federal eases which have arisen
frem various situations afferting Indian rights. As
Bight be expected they are not im entire agreement,
yet the many conclusions thet at first glance seca
eontradictery may be reconciled by closer serutiny.
Se fax as the Hew York Indians are coneermed it is
eieer that the fnited States courts have resagnized
thet theyare im a separate catesery aml, therefore,
general miles affecting outside tribes must be modi~
fied in application. U. S.« ¥« Tyler, 269 Usbe 15,
mee ¥. Waldow, 294 Fed. Tit, Rav. vs Dibble, 21 How,
me
These with the New York cases, supra, os—
tablish a settled rule im the matter. The state has
passed an® enforced immmerable stetutes affecting
the Indians withent protest from the federal sovern~
ment or the Indians. Much of the state legislation
is nex a part ef our Consolidated Lays.
¥he state in the exercise of the police
power can onforte its provisions egainst the Iniians
exeept in the three Instances referred to, Fite,
where it would imvade treaty rights, regulate or
dnterfers with Indian commerce or interfere with the
iuplied national right of protectorate. Ke question
exists ag the first two, As to the third, the
fagtual, GaSe background cemvince me that nothing
nor in contemplation will interfere with this federal
prerogative. These Indians are tie wards of the state
as well as the netion.
fhe two reuzining questions render it ne-
eessary te define the meaning of the term, "fire town.”
Conservation Law, see. 6%, states that, "the following
words and phrases when used in this article unless other
Hon. Lithgow Osberne-~-—-—7 Hereh / i884.
wise expressly stated or unless the context or
subject matter cthergise requires are defined
as follews:® Ami thersafter subd. 9 stetes that
Fire towne are as follows", maging several tems.
This, of course, is in mo sense a definition. tt
is simply a desigeation. There are, however, various
other provisions of art. Ili, thet set forth suf-
fieient basis for a determination of the meaming of
the term "fire town.” It is sot necessary te refer
Suid. 9, last referred te, does not include
the town of Sonthampton. Seetion 55, subd. 15, how
ever, allows the Conservation Department to waintain
a@ system of fire protection in sreea ouiside af fire
towns Yas the department de 3 ys Subd.
Sl, also provides that the department may make rules
amd regdlations te secure better fire protection in
amy areas designated as "fire distriets under subdivision
two of section fifty-two or im any part thereof.
latter subdivision under the title "Fire District® proe-
ides that the department may establish a forest fire
protective systes "in such other parts of the state as
it may deem necessary.? Pursuant therete the department
hes issued < regulation, effective since Feb. 5, 1025,
te the effect thet "Ee person shall set, or cause te be
set, Tire for the purpose of elearing land or
legs, brash, stumps or ees grass im any part of the
fowns of *# Southampton without first heaving obtained
from a Si SuElet ranger or fire warden a written permit
so te do.
fhe Tire regulations premilgated by your
department are reasonable ami insure needed protection
te ths : peservation as well as the surround~
ing territery, I believe you have sufficient authority
to enforce the regulation te which you refer.
Article ITI of the Conservation Law deals
with payment im fire cases, Subd. 14 of see. 51
gives the officials therein emmerated "the power to
summon any male person of the age of eightcen end
apwards te assist’ im fighting fires, amd sets forth
the seale of wages, Subd. £ of sec. 53, authorizes
the paysent of "all salaries am other expenses in-
curred by the department and its eaployces im protect~
img the Forests from fire." Besause of the Pacts,
Hen. Ldthecs Osborne Berek 7 ESP Se
- dusk:
Tae gore erge the fire regglation
Sue sunorention ane to sey wacidente eg tnmroom far wotk
ig cannes tion therevith it folioss alesst ce & mstter
fined thoes
fire of the tine Maataaliy
Be anawers a eet teerefers, ara
(3) You neve the entherdéy fe | tyes
issued by your departesn’ affecting the % af Sew
the Bidmeooc®
work dana in
the sapprecsioa of fire ond {2 Be Teen of Souter
amyton ix Liebe ty sible = of sane St = cohelt
ag the oxupense of axtingstehins ¢ resp welig =
as provided.
Yary teiy yours,
etic ie PhP cn 27.
