THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES
REPORT
ON
MENOMINEE INDIAN RESERVATION
BY
EDWARD E. AYER
Member of the Board of Indian Commissioners
CONTENTS.
PAGE
Foreword 4
Introduction 5
Report of Edward E. Ayer on the Menominee Indian Reservation,
January, 1914 7
Supplementary report oi Edward E. Ayer on the Menominee Indian
Reservation 22
Exhibits :
1. Copy oi letter from D. F. Tyrrell to Hon. Cato Sells, dated No-
vember 20, 1913, and Mr. Sells' letter to Edward E. Ayer, dated
November 20, 1913, enclosing copy of Mr. Tyrrell's letter 25
2. Report of L. P. Holland, woodsman in the employ of Ayer & Lord
Tie Company, dated Paducah, Ky., December 4, 1913 28
2A. Affidavit of L. P. Holland 30
3. Report of Philip R. Smith, secretary and treasurer of Ayer & Lord
Tie Company, dated December 30, 1913 31
4. Affidavit of L. W. Kemnitz. Report of Edward E. Ayer's inter-
view with L. W. Kemnitz, lumberman of Greenbay, Wis.,
December 1, 1913 33
5. Report of Edward E. Ayer's interview with Mr. Bernard C. Nelson,
yard foreman at Menominee Indian Reservation, December 1,
1913 34
6. Report of Edward E. Ayer's interview with Peter L. Adams, mill
foreman at Menominee Indian Reservation, December 1, 1913.. 35
7. Report of Edward E. Ayer's interview with Thomas Prickett, one
of the committee appointed by the tribe, at Menominee Indian
Reservation, December 1, 1913 37
7A. Copy of Thomas Prickett's letter to D. F. Tyrrell, dated Decem-
ber 11, 1913 39
• 7B. Report of Edward E. Ayer's second interview with Thomas
Prickett, at Menominee Indian Reservation, December 17, 1913. 40
8. Report of Edward E. Ayer's interview with Louis LaFrambois at
Menominee Indian Reservation, December 1, 1913 42
8A. Copy of letter from Louis D. LaFrambois to D. F. Tyrrell,
dated December, 1913 44
8B. Copy of letter from Louis LaFrambois to Edward E. Ayer, dated
December 17, 1913 45
9. Report of Edward E. Ayer's interview with T. J. Turney, sawyer at
Menominee Indian Reservation, November 30, 1913 46
10. Report of Edward E. Ayer's interview with Theodore LaPorte and
Edward LaPorte, sawyers at Menominee Indian Reservation,
December 1, 1913 48
11. Summary of detailed report of J. P. Kinney, supervisor of forests
in the employ of the U. S. Government, dated December 10,
1913 49
llA. Supplementary report of J. P. Kinney, dated December 5, 1913., 52
1
SS90S
PAGE
llB. Report of J .P. Kinney, dated December 5, 1913 53
12. Statement of Earnest J. Brigham, superintendent of logging at Me-
nominee Indian Reservation, dated December 16, 1913 63
12A. Report of Edward E. Ayer's interview with Earnest J. Brigham,
superintendent of logging, and Lincoln Crowell, deputy super-
visor of forests, at Menominee Indian Reservation, December
16, 1913 66
13. Report of Edward E. Ayer's interview with Peter Lookaround,
storekeeper, at Menominee Indian Reservation, November 29,
1913 67
13A. Questions by Edward E. Ayer, answered in writing, by Peter
Lookaround ! 70
14. Report of Edward E. Ayer's interview with C. A. Tourtilott, store-
keeper, at Menominee Indian Reservation, November 29, 1913.. 70
15. Report of Edward E. Ayer's interview with Joe Cristo, policeman,
at Menominee Indian Reservation, November 29, 1913 72
16. Report of Edward E. Ayer's interview with Charles W. Chickeney,
at Menominee Indian Reservation, November 29, 1913 74
17. Report of Edward E. Ayer's interview with Frank S. Gauthier, at
Menominee Indian Reservation, November 29, 1913 76
18. Report of Edward E. Ayer's interview with John Kakatosh, No-
vember 30, 1913 77
19. Report of Edward E. Ayer's interview with Mose Tucker, at Me-
nominee Indian Reservation, November 29, 1913 79
20. Report of Edward E. Ayer's interview with Simon Beauprey, at
Menominee Indian Reservation, November 30, 1913 80
21. Report of Edward E. Ayer's interview with George T. McCall, at
Menominee Indian Reservation, November 30, 1913 80
22. Report of Edward E. Ayer's interview with Peter Lamotte, at
Menominee Indian Reservation, November 30, 1913 82
23. Report of Edward E. Ayer's interview with Wyeskesit, an old pagan
Indian, at Menominee Indian Reservation, December 1, 1913.. 83
24. Report of Edward E. Ayer's interview with Charles Frechette, at
Menominee Indian Reservation, November 30, 1913 85
24A. Report of Edward E. Ayer's interview with Louis Oshkananiew, at
Menominee Indian Reservation, November 30, 1913 85
25. Report of Edward E. Ayer's interview with Mitchell Oshkananiew,
at Menominee Indian Reservation, November 30, 1913 85
25A. Copy of letter from Mitchell Oshkananiew, Neopit, Wis., to Ed-
ward E. Ayer, Chicago, 111., dated December 3, 1913 87
25B. Copy of letter from A. S. Nicholson, superintendent of the Me-
nominee Indian Reservation, to Edward E. Ayer, dated Decem-
ber 4, 1913 88
25C. Copy of correspondence between Edward E. Ayer and Mitchell
Oshkananiew regarding the law firm of Tyrrell & Ballinger.. 90
26. Report of Edward E. Ayer's conversation with D. F. Tyrrell, in Mr.
Ayer's Chicago office, in regard to the affairs of the Menomi-
nee Indian Reservation, December 9, 1913 91
27. Copy of D. F. Tyrrell's letter to Webster Ballinger, forwarded to
Mr. Ayer by Mr. Sells with letter dated December 4, 1913 97
PAGE
27 A. Copy of D. F. Tyrrell's letter to Edward E. Ayer, dated January
27, 1914 98
28. Report of Edward E. Ayer's interview with Mrs. Myrtle W. Marble,
field matron, regarding her work on the Menominee Indian
Reservation 99
29. Report of Edward E. Ayer's correspondence with A. S. Nicholson
between December 3 and December 15, 1913 102
29A. Copy of correspondence between Edward E. Ayer and A. S.
Nicholson regarding railroad facilities for the Menominee
Mills, December 4 to December 8, 1913 120
29B. Copy of letter from A. S. Nicholson to Edward E. Ayer, accom-
panying map showing logging operations, dated December 22,
1913 122
29C. Copy of letter from A. S. Nicholson to Edward E. Ayer regarding
the promises of D. F. Tyrrell to the Indians, dated January 3,
1914 123
29D. Questions by Edward E. Ayer to A. S. Nicholson regarding the
selling of lumber at the Menominee Mills, and Mr. Nicholson's
answers, December 3, 1913 125
30. Copies of Congressman Konop's letter to F. H. Abbott, dated
December 31, 1913, and Edward E. Ayer's letter to Congress-
man Konop, dated January 8, 1914 125
31. Copy of letter from Reginald Oshkosh to Edward E. Ayer, dated
January 10, 1914 127
32. Views and suggestions of a gentleman on the Menominee Reserva-
tion who has had long experience with the Indians 130
33. Tables showing logging and milling operations, receipts, disburse-
ments and profits of the Menominee Mills from July 1, 1910, to
September 30, 1913 132
33A. Table of stumpage rates as per recommendation of the Indian
Office 137
33B. Table showing cut of timber during three years, with stumpage
as per recommendation of the Oconto Company 138
34. Statements of various Indians questioned by Edward E. Ayer re-
garding their feeling about general conditions on the Me-
nominee Indian Reservation 138
35. Statement of Sam Py waukee 139
36. Statement of Henry Mellott regarding promises of D. F. Tyrrell
and payments made to Mr. Tyrrell by the Menominee Indians.. 142
37. Statement of Louis Keshena regarding promises of D. F. Tyrrell to
secure annuities for the Menominee Indians and the payment of
money to Mr. Tyrrell by the Indians 142
38. Statement of Joe O'Katchicum regarding D. F. Tyrrell's promises to
secure annuities for the Menominee Indians and the feeling of
the Indians toward the Menominee mills 143
39. Statement of Peter Tomaw regarding promises of D. F. Tyrrell
to the Menominee Indians and the payment of money to Mr.
Tyrrell by the Indians 143
40. Copy of letter from Webster Ballinger to Mitchell Oshkananiew,
dated September 11, 1913 144
3
FOREWORD.
The report contained in the following pages concerning conditions among
the Indians of the Menominee Indian Reservation is the result of an investi-
gation made by me, as a member of the Board of Indian Commissioners,
nearly one year ago, and at that time placed in the hands of the Indian
Bureau in typewritten form. It is being published for two important reasons :
First, The possibilities for industrial advancement of the Indians on this
reservation are great, provided their natural resources of timber and fertile
soil are properly utilized. I therefore desire to place the facts as I found
them in readable form in the hands of officials and others interested in these
Indians.
Second, The Board of Indian Commissioners, of which I have the honor to
be a member, has been attacked on the floor of the House of Representa-
tives, and members of the Board who do not receive a cent from the Govern-
ment for their services have been referred to as "a useless body of pap
suckers." This report is printed, not for the purpose of preventing attacks
of this character, but in order that officials and citizens of this country
interested in Indian affairs may be given an opportunity to ascertain exactly
what one member of the Board has done in a humble way, without cost to the
Government, in connection with one Indian reservation.
The investigation of the Menominee Indians is only one of a long list of
activities in which members of the Board of Indian Commissioners have
engaged during the past year. A list of other investigations follows :
Office Activities.
(a) Recommendations relating to the various items in the Indian Bill for
the fiscal year ending June 30, 1915 (transmitted to the Secretary of the
Interior on March 28, 1914, and to the Chairman of the Senate Committee on
Indian Affairs on April 1, 1914).
(b) Preparation of digest of laws on Indian irrigation and Indian forests,
and comments on same.
Field Investigations.
(a) Menominee Indian Reservation, by Commissioner Ayer. Report filed
January, 1914.
(b) Fort Sill Indians, Oklahoma, by Commissioner Ketcham. Report filed
January 5, 1914.
(c) Mescalero Apache Indians, New Mexico, by Commissioner Ketcham.
Report filed February 2, 1914.
(d) Papago Indians, Arizona, by Commissioners Eliot and Ketcham.
Report filed February 2, 1914.
(e) Navajo Indians, Arizona and New Mexico, by Commissioners Eliot
and Ketcham. Report filed February 2, 1914.
(f) Pueblo Indians, New Mexico, by Commissioners Eliot and Ketcham.
Report filed February 2, 1914.
(g) Investigation of Indian administration in Canada, by F. H. Abbott,
Secretary of the Board of Indian Commissioners, during the months of
August, September and October, 1914.
Indian Warehouses and Purchase of Supplies.
(a) Investigation and recommendations relative to standard samples for
clothing, by purchasing committee of the Board, 1913.
(b) .Inspection* of samples and awarding of contracts at Chicago ware-
house, May, 1914, by Commissioner Vaux.
(c) Inspection of samples, San Francisco warehouse, June, 1914, and report
on San Francisco warehouse, by Commissioner Dockweiler.
(d) Investigation of the system of open-market purchases, by Commis-
sioner Vaux, begun June, 1914.
Any of the above reports, which has been completed, may be seen upon
application at the Board's office, at the Bureau of Mines Bldg., Wash-
ington, D. C.
INTRODUCTION.
The Menominee Indian Reservation, situated in the northeast sec-
tion of the State of Wisconsin, comprises 10 townships of land,
360 square miles. Its area is covered with a heavy stand of
virgin forest, estimated roughly at one and a half billion feet of
timber, principally pine, hemlock and hardwoods, such as birch,
maple, elm, oak, basswood, etc. The estimated value of this forest
stand alone is about eight million dollars.
The forest is distributed in two parts, that along the east por-
tion of the reserve being of open nature, pine, and Norway, while
the western part has a very dense stand, principally hardwoods,
hemlock and scattering pine. The soil runs from a light sandy loam
to the heaviest soil, suitable for diversified farming, market garden-
ing, and dairying and stock raising, a considerable portion of the
reserve being good grass land.
The Menominee Indians originally occupied the greater part
of the State of Wisconsin. They ranged from what is now
the site of Milwaukee north along the west shore of Lake Michi-
gan to Menominee, north Michigan ; and west to the Wisconsin
River and Black River. Along Green Bay and the Fox River
Valley were their principal settlements and on the shores of
Green Bay they first met the white man, when Father Marquette,
La Salle and the first French descended the Great Lakes from
the Canada settlements on exploration voyages of early days.
On the reservation at Keshena is now the successor of the first
French Mission established by Marquette at Green Bay.
A woods Indian, the Menominee was a striking figure, gen-
erally six feet and over in height, a giant in strength ; few in
number compared with other great tribes, their bravery and fighting
qualities enabled them to hold their own with surrounding tribes,
Pottawatomies on the south, Sauk and Fox and Winnebago on
the southwest, the great Dakota or Sioux nations to the west, the
Chippewa on the shore of Superior to the north, and the Hurons
to the east of them.
Their word once given could be relied upon. Each in turn,
French, English and the Americans made treaties with them which
6
were faithfully kept. They were a peaceful nation, seldom the ag-
gressor, but mighty in their wrath, once justified in taking the war
path.
From early times they have been the white man's friend. In
our Civil War, many soldiers were recruited from their bands
and today here exists the only Indian G. A. R. Post in America.
Their pursuits are farming, lumbering and manufacture of
lumber products. Neopit is the seat of a large milling plant in-
dustry, costing approximately one million dollars. It has a saw mill
with output of forty million feet yearly, a planing mill of twenty
million capacity and carries a stock on hand of forty million feet of
lumber, also lath, shingles, etc. The town numbers about one
thousand men, women and children, and here may be seen the
advanced Indian living in his modern cottage, surrounded with
all the home comforts of modern life and partaking of the same
social enjoyments as his white brother.
A modern day school and mission day school furnish educa-
tion to his children ; as does town life, social instruction to his
home; and the mill, industrial education to himself and son.
At Keshena is the seat of the agency, where are situated two large
boarding schools, Government and mission, with combined capacity
for 300 children. Radiating out from Keshena for a distance of
twelve miles is a scene of agricultural progress, Indian farmers cul-
tivating farms of 5 to 80 acres, cleared, fenced and in various stages
of improvement.
The tribal funds on deposit in the Treasury of the United States
are approximately two million dollars, gathered from the fruits
of the Indians' toil and in the sale of their timber products.
The tribe numbers about 1700 souls. Statistics show about
575 able-bodied males, age 18 years and over. Labor figures for
the reserve show of this number an average of 264 adult Indians
continuously employed the year round, earning in wages $91,-
630.47, not including subsistence. The greatest value of the
Neopit operation is as a school of industry. Its value educationally
and morally cannot be measured in dollars and cents.
REPORT OF MR. EDWARD E. AVER ON THE MENOMI-
NEE INDIAN RESERVATION, JANUARY, 1914.
CHAIRMAN VAUX AND GENTLEMEN OF THE BOARD OF INDIAN COM-
MISSIONERS :
At our meeting in Washington, early in November, 1913, it
was stated that there had been certain complaints made in re-
gard to the administration, etc., of the Menominee Indian Reser-
vation, and I was requested by you to make a personal investi-
gation of it. Your request was very warmly seconded by Secre-
tary of the Interior Lane and Indian Commissioner Sells.
It was getting late in the season ; there had been no specific
charges made, only that certain complaints had been made, so
about the 18th of November I wrote to the Indian Agent stat-
ing that I contemplated looking over the reservation and asked
him if he would not come to Chicago, thinking that I would like
to have a talk with him. He replied to me that he had just been
East ; there were some imperative things that he had to attend
to and that he would come to Chicago about the 1st of Decem-
ber, which was about ten or twelve days ahead.
Immediately after that I got a letter from Commissioner Sells,
dated November 20th, stating that he had had an interview with
a gentleman by the name of D. F. Tyrrell, who had made charges
against the administration of the Indian Agent and his sub-
ordinates, and that he had requested the gentleman to put his
charges in writing, which he did the same date. I hereby sub-
mit Mr. Sells' letter and the charges as made by Mr. Tyrrell as
Exhibit 1.
Having something definite to go by I then wrote the Agent
that I would arrive on the reservation on November 28th.
I told Commissioner Sells in Washington that when I made
this examination I would want him to send me one of the most
reliable wood rangers that he had. I also brought to Chicago
Mr. L. P. Holland, one of our leading superintendents from the
South and a gentleman who had had more than twenty years' ex-
perience in logging, etc. ; also made arrangements with our com-
pany to take Mr. Philip R. Smith, our secretary and treasurer
8
an expert bookkeeper and a man who had also had large ex-
perience going over our different cuttings for twenty years back
once or twice a year; and also Mr. William Anderson, one of
our best stenographers, my theory being that I wanted to have
gentlemen of experience, absolutely unknown to the reserva-
tion or what had ever been done there, to make the examination
for me.
Upon arriving at Shawano the morning of November 28th a
gentleman introduced himself to me as Mr. Tyrrell, the gentle-
man who had made the charges on the reservation. Commis-
sioner Sells, in Exhibit 1, you will note had said he thought it
would be well for me to give Mr. Tyrrell an interview. Under
the conditions of Mr. Tyrrell's letter, I concluded to do much
more than that, that I wanted to give him every opportunity
possible to substantiate these charges.
After arriving at Neopit and getting settled, meeting Mr.
Nicholson and being introduced to some of his force who were
there, we went over the mill property and into the yard and
examined its condition, accompanied by Mr. Tyrrell and, I would
say, eight or nine Indians, who were expected to produce evi-
dence of mal-administration in the cutting, piling, and caretak-
ing, etc., of the lumber and the conditions of the yard. We were
also accompanied by the Indian Agent, the Foreman of the Yard,
the Superintendent of the Mill, Mr. Holland and Mr. Smith.
In regard to the conditions of this mill, I want to exhibit the
testimony of Mr. Holland, Exhibit 2, Mr. Smith, Exhibit 3, and
Mr. Louis Kemnitz, a gentleman who was buying the elm logs
and who had experience with most of the large yards in Wis-
consin and Michigan, Exhibit 4.
I found that the yard had been formerly laid out largely over
a deep slough, that they had driven piles in, forming foundations
for the piles, in some cases 50 feet deep or more; that the trash
of the mill had been used, as it is in all such places, to fill in this
slough, and in several cases after being filled to the yard level
had sunk 8 or 10 feet and sometimes more down into the water.
I refer to the testimony of the yard foreman, Mr. Nelson, Exhibit
5, who had been in that capacity since the mill was located, dur-
ing the administration preceding the present one.
I found that the waste in miscuts was not larger than usual
in first-class mills, and the surroundings and the yard itself
were in as good condition as could have been expected, the mill
only having been shut down a short time ; it being a well-known
fact that it is impossible to keep any yard clean when you are
9
running night and day. It seems half of the mill was shut down
November 1st, when they immediately commenced to clean up
the yard, and the other half about the 12th, when they put still
more men on the work of cleaning, according to the testimony
of Mr. Bernard Nelson, Exhibit 5 ; Mr. Thomas Prickett, Ex-
hibit 7, and Superintendent Adams, Exhibit 6.
Mr. Thomas Prickett, Exhibit 7, and Mr. Louis LaFrambois,
Exhibit 8, were two of the particular men depended upon by Mr.
Tyrrell to substantiate his charges, and so I told Mr. Tyrrell,
after taking the testimony of these two men, that I would send
him a copy of it. After Mr. Prickett's testimony was taken a
copy was sent to Mr. Tyrrell ; he corresponded with Mr. Prickett,
who reported to him in Exhibit 7A, and you will notice Mr.
Prickett claims he told me that the yard had not been cleaned
in two years. Several days after that, December 17th, I again
interviewed Mr. Prickett, Exhibit 7B, where he reiterates that
the yard was cleaned properly. Thus in Exhibit 7 he said the
yard was clean ; in Exhibit 7A he said it had not been cleaned
in two years and again several days later, Exhibit 7B, he testi-
fied again that it was clean. You can draw your own conclusions
in regard to this gentleman's testimony.
The other Indian mentioned as one of Mr. Tyrrell's principal
advisors was Mr. Louis LaFrambois, Exhibit 8. I probably
talked with this man an hour altogether, and Exhibit 8 is a copy
of the interview as taken down by the stenographer in answer
to the questions asked only. It seems that Mr. LaFrambois
thought I ought to have taken down all he said or thought of,
as illustrated in his letter to Mr. Tyrrell, Exhibit 8A. You will
notice he never thought of being an engineer until answering
my question : "Well, did you ever quit a job because they would
not make you an engineer?"
In Mr. Prickett's second interview, Exhibit 7B, you will note
what he says about LaFrambois raising the $250.00 for Mr.
Ballinger. I wrote a letter to LaFrambois, asking if it was true;
his answer is Exhibit 8B. You will note that he did not answer
the question at all.
It was represented by the Indians accompanying Mr. Tyrrell
that there had been a great deal of lumber badly sawed, etc.,
and wasted, and Mr. T. J. Turney, Exhibit 9, was presented to
me in company with Mr. Tyrrell, as a witness to that effect.
His testimony is Exhibit 9, where you will note he finds much
fault with the superintendent of the mill, with the machinery
and methods, which is absolutely contradicted by the testimony
10
of the LaPorte brothers, Exhibit 10, one of whom worked oppo-
site Mr. Turney, using the same carriage half of each 24 hours,
and also by Superintendent Adams, Exhibit 6.
The next morning, November 29th, 1913, I had Mr. Nichol-
son, the Indian Agent, place the logging engine and car at our
disposal.
The party consisted of Mr. J. P. Kinney, Supervisor of For-
ests, the gentleman assigned me by Commissioner Sells from
Washington; Mr. Philip R. Smith and Mr. L. P. Holland, the
two gentlemen who accompanied me ; Mr. Nicholson, the Indian
Agent; Mr. E. J. Brigham, Superintendent of Logging on the
Reservation ; Mr. Lincoln Crowell, Deputy Supervisor of For-
ests, resident at the reservation; Attorney D. F. Tyrrell; and ten
Indians. I had suggested to Mr. Tyrrell that I thought five In-
dians would be enough, but he wanted more, and I finally told
him to take whomever he chose.
I introduced Mr. Tyrrell to Mr. Holland, Mr. Smith, Mr. Kin-
ney, and others, and told Mr. Nicholson I desired they should
go and look at everything in the timber that Mr. Tyrrell sug-
gested.
While the gentlemen were in the woods on the 29th I took the
opportunity to try to post myself about different classes at Neo-
pit and made the following interviews:
First, with Mr. Peter Lookaround, a very intelligent Indian
and one of the two principal storekeepers there, which I pre-
sent as Exhibit 13.
Next, with Mr. C. A. Tourtillott, the other principal merchant
of Neopit, which I present as Exhibit 14.
I next interviewed the policeman, Mr. Joe Gristo, Exhibit 15.
Next, Mr. Charles W. Chickeney, Exhibit 16.
Next, Mr. Frank Gauthier, Exhibit 17.
Next, Mr. John Kakatosh, Exhibit 18.
Next, Mr. Mose Tucker, Exhibit 19.
Next, Mr. Simon Beauprey, Exhibit 20.
Next, Mr. 'George McCall, Exhibit 21.
Next, Mr. Peter Lamotte, Exhibit 22.
Next, Mr. Wyeskesit, Exhibit 23.
Next, Mr. Chas. Frechette, Exhibit 24.
Mr. Louis Oshkenaniew, Exhibit 24A.
In Exhibit 25 I present the testimony of Mr. Mitchell Osh-
kenaniew. You will see from the last part of his interview that
he wants an attorney. That testimony was taken November
30th.
11
Exhibit 25A is a letter of December 3d from the same Mitchell
Oshkenaniew, after a quarrel with Mr. Tyrrell.
I also present a letter from Mr. Nicholson, Exhibit 25B, dated
December 4th, stating that Mr. Oshkenaniew had been to his
house and the way he treated the matter.
You will notice in the postscript of Mr. Nicholson's letter,
Exhibit 25B, a reference to poor LaFrambois, who raised the
$250.00 which was sent to Mr. Ballinger, begging not to have de-
ductions made in the little money coming to him, as he had a
sick child.
In regard to the conditions in the woods, I desire first to pre-
sent a summary of Mr. J. P. Kinney's detailed report, which is
Exhibit 11 ; and another supplementary report of December 16th,
Exhibit 11 A, and a very able report itself, Exhibit 11B. I want
to call attention to the fact that the 250,000 feet of hemlock men-
tioned in the last paragraph of Mr. Kinney's summary, Exhibit
11A, is the same as mentioned in the 3d paragraph, starting
"For instance," on page 61, Exhibit 11B.
I also present my wood superintendent, Mr. L. P. Holland's
report, Exhibit 2, and Mr. Philip R. Smith's report, Exhibit 3.
On our third day there, the 30th of November, the whole
party went into the woods again, starting at 7 o'clock in the
morning, and worked all that day. As all the lumber under in-
vestigation was that cut for three years, and it being very im-
portant that Mr. Holland and Mr. Smith should be attending
to their duties, I sent them home that night, the 30th; and Mr.
Kinney took the same party (except these two men and Mr.
Nicholson), and went through another day, giving three days
with the logging engine, and I think made a very careful and
lengthy exhibit, which is fully set forth in the reports mentioned
above.
Mr. Brigham and Mr. Crowell, Exhibits 12 and 12A, under
instructions from Mr. Nicholson, immediately after this went
over every part of past operations on the line of our railroad,
skirted logging districts of '10, '11 and '12, and this past year,
with instructions to scale everything merchantable, locate the
40's same were on and decide whether same could come to mill or
not. Note of such instructions will, be found in Mr. Nicholson's
report, Exhibit 29B.
I have every day's work and the individual scaling of every
log on file in my office, but send you the sworn summary of Mr.
Brigham and Mr. Crowell, Exhibit 12, which shows a total
measurement of 94,770 feet log scale. They estimate that there
12
was 33,250 feet not accessible, or probability of logging at least
doubtful, and that there was 61,520 feet accessible to present
year's operation. This is what was left of 95,000,000 feet of
logging, about 300 logs or perhaps a 30th part of 1 per cent left ;
and if they were sawed into lumber they would all go in two
ordinary carloads of lumber. I hand you the sworn statement
of Mr. Brigham and Mr. Crowell, as Exhibit 12.
In the interview with Mr. Brigham and Mr. Crowell, Exhibit
12A, you will notice that they both think that 30 per cent of the
33,000 feet can be got to the mill, and if so it would leave not
more than a carload and a half of sawed lumber, as the average
logs cut for the season was a trifle over 10 logs to the thousand.
In connection with the logging question I want to call your
attention to paragraph 6 of Mr. Kinney's report, Exhibit 11,
where he says, "It must be admitted that Mr. C. H. Woodcock,
the Superintendent of Logging, worked with tremendous energy
and that whatever his faults and mistakes may have been, he
succeeded in bringing the logs from the Evergreen District to
the Menominee Mills at Neopit at an exceptionally low figure.
The cost of logs in the pond at Neopit cut during the years 1910
to 1912, inclusive, in the Evergreen District, was from $1.00
to $2.00 less than the cost of logs under similar conditions at
other mills in Wisconsin." That is, on nearly all the lumber in
those years coming to this point there was a saving of at least
fifty or sixty thousand dollars in this item alone.
I desire to call especial attention to paragraph nine of Ex-
hibit 11, where Mr. Kinney treats particularly of the loss on the
pine timber, and he estimates that by being left as long as it was
the depreciation on this pine could not have amounted to more
than 10 per cent, which amounted to $40.00. He says, "Is not
this a mere bagatelle compared with the loss of time and cash
which have been expended by the Indians in an unwise and mis-
directed attempt to make the little hill of non-feasance appear
a mountain of mal-f easance ?"
And in that connection; this agitation has been going on
nearly a year; the Indians have been called to Shawano several
times, railroad fare being 80 cents each way ; they have paid the
expenses of Mr. Tyrrell to Washington ; they have been out of
work for days and days ; we have taken the time of the engine
and crew for four or five days ; the Government has sent its ex-
pert to help ; I have brought our superintendent from Kentucky,
our secretary and treasurer, and my stenographer to Neopit;
13
made two trips up there myself; have worked with my stenog-
rapher what time he could get from his other duties for nearly
a month on this report ; and the outcome of it all is, according
to the sworn testimony and reports of the Government's own
men, and my men, that there has been in the neighborhood of
two carloads of lumber left in 95,000,000 feet, and that Mr. Wood-
cock, whom they have traduced most unmercifully, has saved
the plant — consequently the Indians — many thousands of dollars,
by good work.
I report a conversation had with Mr. D. F. Tyrrell, attorney,
after my return from the first trip to Neopit, which I hope every-
body that it comes before will read, because it is certainly inter-
esting. This is Exhibit 26.
I said to Mr. Tyrrell at Neopit that the Indians were in an
excited condition, that it was much to their injury and that he
was the one that could quiet it, meaning that he was, absolutely,
the man who had brought about that condition.
You can get an idea from this interview, Exhibit 26, as to
what the gentlemen want, and how they want to earn it. As it
seems, they consider it their duty to collect a million dollars
from the Government for mal-administration on the Indian Res-
ervation ; then they want to collect a large amount from the Gov-
ernment and the Stockbridge Indians.
I did not have any data in regard to all the claims they had
made to the Indians, so I wrote Mr. Nicholson, January 2, ask-
ing if he could give me any data on the subject, and I have his
letter of January 3d, marked Exhibit 29C, giving a list of eight
or nine different things they think they can do, and something in
regard to the methods they have used.
I cannot help but feel that if there had been a hundred times
the loss in money to the Menominee Indian tribe, it would not
have compared with the damage done by these outsiders, and
the few Indians they could control inside, to the tribe, by this
agitation.
All these men insisted to me, including Mr. Tyrrell, that the
plant was losing money. I tried to impress upon them that I
had got the statements from the Treasury Department, also
from the plant. It was impossible to make them believe that
they were not fraudulent, that everybody was not lying to them,
and I feel now that perhaps it would have been better if I had
simply given Mr. Tyrrell an interview, as Mr. Sells suggested,
and that I had insisted that it be outside of the reservation. The
four or five days he was there, there was a constant turmoil
14
among the Indians, a consultation every night, and taking the
Indians into the woods' and all, that I feel it was a great damage
to the tribe to have permitted it.
In speaking of the expense that we have all been to in this
matter, it is also a matter of proof, according to the testimony
of Mr. Prickett, Exhibit 7B ; Mr. LaFrambois, Exhibit 8B, and
Mr. Tyrrell himself, Exhibit 26, that there has been $250.00 sent
to Mr. Ballinger; $125.00 raised to pay Mr. Tyrrell's expenses
to Washington, and the money that Mr. Tyrrell says he was re-
sponsible for himself, $200.00, was borrowed from a part-blood
not belonging to the tribe ; making $575.00 in all.
The whole proposition has been a wretched one. In fact, there
is a tremendous effort here to make bricks without straw; and
it does seem to me that the present agitation and charges are
a poor return for the efforts made to run a saw mill successfully
and do it with nearly 50 per cent of labor that can come when
they please and go when they please. The whole testimony of
all thinking people about the institution is that the building of
the mill has been a great benefit to the Indians. I think both
the Catholic Missionaries feel that way, and everybody who
knows anything of the former conditions there. It certainly has
been.
In my second visit to the Menominee Reservation I had an
interview with Mrs. Myrtle W. Marble, Field Matron at the
Mission of Keshena, which speaks for itself. This is Exhibit 28.
I think you will all agree with me that her recommendations are
very practical.
On this second visit to the reservation I spent the first after-
noon and the next forenoon visiting the homes of the Indians
of the village and surrounding country. I was very much pleased
with the cleanliness of the Indians and I want to express in the
highest terms the benefit that the Catholic Missions have been
to the Indians on the Menominee Reservation. It is pronounced
in every way. They are soberer, cleaner and better people.
I went over the hospital at Keshena and found it comfortable,
clean and well organized.
I also went into the homes of a large number of pagan Indians,
where I found a good many charming personalities. I didn't,
in fact, see but two that were particularly and grossly offensive,
and they were two families of very dissipated Indians. All in
all, I found the Indian condition, from the two intelligent, live
15
merchants already mentioned, in Neopit, to all of those except
the two mentioned that I saw in the pagan houses, living com-
paratively comfortably.
But the system of dealing with the older Indians on this res-
ervation is not fair. They have a large amount of property,
say in the neighborhood of ten millions, that belongs to the tribe.
It is so well invested in timber and land that it is going to be a
perpetual inheritance. There ought to be some better way of
taking care of the old people, letting them enjoy their full share
to a greater extent.
I have already consulted with the State government of Wis-
consin, asking them to establish one of their travelling libraries
at Neopit, and will also ask them to do the same at Keshena.
I make the following recommendations that it seems to me
ought to be carried out:
1. The plant is tremendously handicapped in only having a
cheap railroad with small supply of cars, etc., to ship its product.
I recommend that arrangements be made to allow the Chicago
& Northwestern Railroad to come in from the south under a
contract satisfactory to the Department. I use the term "from
the south" from the fact that they are nearer the reservation
from the west, but that would add 50 or 60 miles to every car
that went out of the plant routed for the south.
2. I recommend that the reservation be cruised, that there be
a report made showing the approximate amount and class of
timber on every section of the reservation. Some people say
there are two billion, some say one, and some one and a half
billion. I think the Department ought to know positively, for
its future guidance, what is on the reservation and also the same
investigation should classify the lands for agricultural purposes.
3. In my judgment it would be safe and proper to allow each
Indian on the reservation $500.00 in money ; this money to be
placed to the credit of each Indian and to be used for his benefit
on the recommendation of the Agent and under the control of
the Agent wherever there is any danger of anybody using the
money unwisely. Bill H. R. 10832, introduced by Mr. Stephens,
of Texas, December 17, 1913, would seem to give authority to
carry out this recommendation, as well as the next one in regard
to advances for farming.
4. I recommend that farms be allotted to Indians wishing to
become farmers, the grant of the Government to be so framed
1C
as to preclude alienation within a period of 50 years from the
date of grant; the land not to be subject to lien or incumbrance
of any kind; the land to be granted for farming purposes ex-
clusively.
I recommend that in addition to the $500.00 that each Indian
gets in the above-mentioned allotment three or four hundred dol-
lars more be given to any Indian who takes up a farm, to be
charged to his individual account as against the balance of
money in the Treasury belonging to him, and that this amount
be used solely and fully for the purpose of helping to put build-
ings, stock, etc., on his farm. It is utterly impractical to under-
take or expect these Indians to clear up a farm and get it going
without help, and in my judgment the future prosperity of these
Indians depends on their being taught farming.
5. I recommend that two, four or six of the brightest young
Indians on the reservation be sent to Wisconsin State College
of Agriculture at Madison to take a full course in Forestry and
Scientific Farming, that they may come back to the reservation
equipped to teach the Indians who have elected to make farms.
To show the importance of this I will state that in the State
of Illinois each county has a man whose sole duty it is to go
down amongst the farmers, rich and poor, and teach them about
the best kind of stock, how to treat it, analyze their land, confer
with them about the best sort of crops and how to fertilize for them.
If it is important in the State of Illinois, amongst the rich
farmers, you can see how it would apply amongst Indians just
starting.
6. I found the most astonishing system of selling this lumber
in force at the mills, by the orders of the Department. Under the
system now in vogue, it is possible to do only very little with
the big concerns that expect to make at least $2.00 a thousand
on every stick they buy in that way. This could be entirely
saved, making a difference of from 40 to 60 thousand dollars a
year to the mills, by employing a bright salesman, say at $2,000
a year and expenses, to travel amongst the lumber yards in the
small towns that are tributary to this plant in Southern Wis-
consin, Illinois, Indiana and Iowa, and sell this lumber.
It seems to me that rules might be arranged having each check
drawn to the Government, etc., and make this safe. Bradstreet's
could be taken to find the leading lumbermen in each town, those
that are abundantly safe — and nearly all of them are rich — so that
you would lose but a very small amount, if any. To illustrate
this, I know of three, four or five lumber yards in the immediate
17
vicinity of my country home in Wisconsin that I would guaran-
tee all they bought, if it was the entire cut of the plant, for 10
cents a yard.
7. In the many thousand acres of land on this reservation
there is an enormous amount of food for cows and young stock
growing and going to waste every year. I think the reservation
should be investigated with the view of starting a trial herd
there of a thousand head of cows, to be herded by Indians with
their ponies and to be allowed to increase to the full extent, that
hay could be cut in certain protected districts to get them through
the winter. There is certainly enough food there for nine months
of the year for several thousand head, and at the price that
cattle are now and always will be there will be a large profit
in turning off the two and three-year-old steers each fall to be
sent down, if not fat enough for beef, for feeders. It seems too
bad, in the present condition of the meat supply of our country,
that enormous districts like this should be allowed to go to waste.
8. I recommend that there be a department connected with
the school in Keshena, and another in the school at Neopit,
teaching girls how to do housework, sewing, etc. ; and a manual
training school for boys, to teach them how to use their hands.
9. I would also recommend that there be a company or tribal
store at Neopit and a branch one at Keshena and that the goods
shall be sold, say, on a basis of 12 y2 or 15 per cent, which would
make the stores absolutely self-sustaining and the Indians would
get the necessities of life much cheaper. These stores should
also carry a stock of the ordinary agricultural tools that might
be used ; and there should also be a bank, say, with forty or fifty
thousand dollars capital, connected with the Neopit store, where
the employees of the mill could get checks cashed.
Now, if they want to buy anything extraordinary, an agri-
cultural tool or any other thing, or cash their checks, they must
go twenty miles away to Shawano for the purpose, and they are
subjected to all the temptations of the outside towns. I think
everything ought to be supplied to the Indians on the reservation
so that they would have as little necessity for leaving it as pos-
sible.
I know of no settlement in the country of seventeen or eighteen
hundred Indians, beside 200 or 300 whites, that has not banking
facilities. Each employee of the plant has to suffer an exchange
for getting his check cashed.
I should not think of starting a store without purchasing the
18
property of Mr. Lookaround and Mr. Tourtillott, and trying to get
them to run it for the benefit of the Agency and under the direc-
tions of the Indian Agent.
I purposely refrained from having any conversation with Mr.
Nicholson about the conditions at the plant, until I had exam-
ined the conditions there, taken all the testimony but one or two
pieces and got the reports from our men in the woods, etc. I
then wrote him a series of questions covering general conditions
there, and these questions and his replies I submit as Exhibit
29, and I want to say that there have been some grave charges
proffered against the management of this mill, and it is no more
than justice to Mr. Nicholson that every officer of the Depart-
ment that this report is referred to should read his defense and
his illustration of conditions there.
On December 4th I wrote Mr. Nicholson in regard to railroad
rates and the railroad conditions there, to which he answered
fully on December 8th, Exhibit 29A. This is a very important
question and his views on the subject are certainly practical and
worthy of consideration.
To sum up my impressions on the conditions that the Gov-
ernment has placed over the logging, milling and disposing of
the lumber:
I don't think I have thought of it since I first went to the res-
ervation that my mind did not revert to making bricks without
straw. I think the Government has done a very wise thing in
having this mill built ; I think it has been of tremendous benefit
to the Indians, and the reports show that it has made $444,000.00
in the last two years, including the value of the stumpage.
It seems mighty good work to me that it could be done, when
half of the labor employed was compulsory practically; that a
person could leave his work at any time without notice, stay
away as long as he had a mind to, come back when he chose and
still get a job ; after the lumber was made that it was sold under
such conditions. I feel very sure that the mill, outside of the
lumber they have sold in the pine and lumber logs in the woods,
in other words, every stick of lumber that they sold they got at
least $2.00 a thousand less than they could have got had it been
sold in the usual way.
The United States Government Army can't buy that lumber,
19
because they have got to ask for bids ; the lumber can't be sold,
because they can't sell without asking for bids. It seems ridicu-
lous.
The employment of the Indian part can't be helped, and nobody
would want to help it if he could, because the prime idea in
establishing the plant — and it was a wise one — was to teach these
Indians to work, and it is certainly doing it.
The conditions that I found in regard to outside influences
were appalling. That any intelligent man would write such a
letter as Mr. Tyrrell did to Commissioner Sells, based on the
say so of four or five, six or eight discredited men (in a way it
seems most of these men had been tried and found wanting)
is beyond my comprehension.
The reports of the Department's very able wood ranger, Mr. Kin-
ney, and the other wood ranger, Mr. Crowell, both Government em-
ployees, and the reports of Mr. Holland and Mr. Smith ; in fact,
everything on the place, the cleanliness of the yard, the cleanli-
ness of the supply department, the cleanliness of the towns,
showed the untruth of the charges.
And then that men should absolutely deny statements of the
prosperity of the plant, the books in Washington showing that
the funds had been increased largely in the past two years, and
still go up and down the reservation 'claiming that it was not
true, that the mill was losing money. Look at the testimony of
the splendid Wyeskesit, Exhibit 23. He knew they were not
making any money, because where was it? He knew the mill
had been losing money, because they didn't get it ; he had been
told so.
A man must be in desperate straits who will conduct himself
in any investigation the way Mr. Tyrrell did in his talk to and
before the Indians on all occasions, as testified to by the gentle-
men in the logging party. Then I feel mortified that a man would
come to me and ask me if I would approve of an attorney to
stand between such men and the Government agent and the
United States Government.
Of course, the whole motive of going into the woods nearly a
year ago, stirring up these disaffected Indians, is the same one
that has been at the bottom of every attack on Indian property
—the desire and hope of getting some of it.
I don't think that Mr. Tyrrell, the attorney, is a dishonest
man, but I feel that he is far, far away from a wise one ; and I
feel that it would be a calamity to have any attorney appointed
for the Menominee Reservation for the purposes that Mr. Tyr-
20
rel outlined to me in his interview, Exhibit 26, and that Prickett
and Oshkenaniew (Exhibits 7B and 25, respectively) testify
they want an attorney for, to protect them from the Agent. I
have understood it was against the law to go on to the reserva-
ion for any such purposes as Mr. Tyrrell was there. Unfor-
tunately for the Indian, and I think for the investigation, his
time was industriously employed in the three or four days he
was there while the investigation was going on.
At this point I want to introduce the testimony of Mr. Regi-
nald Oshkosh, Exhibit 31, a full-blooded Indian and Tribal Chief
of the Menominee Tribe, who for the past year or two, as you
will see by Exhibit 29 of Mr. Nicholson, has been pulling him-
self together and doing good work. It certainly speaks for itself,
and I hope that whoever sees this report will read it.
I received an astonishing letter from Congressman Konop
to Mr. Abbott, in regard to my investigation, grossly insulting
me, and the Commission through me. I hereby submit a copy
of same and my answer to him, as Exhibit 30, in my report.
I also sent a copy of same to Secretary Lane, and Indian Com-
missioner Sells, that they might see the kind of influence that
is being brought to bear to belittle the work of the Commission.
The testimony complained of in Congressman Konop's letter
is that of Mr. Thomas Prickett, Exhibit 7B, in my report.
I also want to call attention to a letter written by a gentle-
man who has been about the reservation for seventeen years,
and who has written a very calm and dignified letter in regard
to the conditions there, which I present as Exhibit 32. It cer-
tainly shows the improvement that has been made during the
past years, and this gentleman's recommendations and sugges-
tions are all good.
I have laid some stress, in this report, on the old people of
the reservation, who are not getting the benefit of their wealth,
and who at the best can only last a short time. I think there
ought to be something given to this class of people and to the
ill and infirm, who are incapable of working, each year.
The claim has been made that the mill was selecting the best
timber, therefore making a better showing than could be con-
tinued.
The mill, I don't think, has made any effort to select the best
timber. It will be seen that they were forced by the big fire to a
certain locality. They were also forced to take the best timber here
as there was so much burned over they could not lumber it all be-
fore some of it must deteriorate very much. Forest Supervisor
21
Kinney, you will note, has gone into this fully. The 1,500,000 feet
Mr. Tyrrell speaks of is the 250,000 feet of hemlock Mr. Kinney
mentions, and says, hemlock was so cheap that at the time it would
not have paid to cut it. The only selections that have been made
in pine were for the hewn timber and for that it is shown that they
received as much per thousand for the whole log standing, $70.00
per thousand, as they could get for, say, the best 25 per cent of
the lumber the log would make; and the amount sold this way has
been a small percentage of the whole white pine cut. The elm
so sold has been at a still higher price relatively, about $47.00 per
thousand, standing, and you will note the mill has made a good
profit, the past two years, after allowing for the higher stumpage
for the white pine.
As far as I can learn no man knows much of the amount or
quality of the timber left on the reservation, and still less of the
nature of the cut-over and untimbered parts of the reservation,
and its adaptability for farming and grazing. The timber is esti-
mated to be between one thousand five hundred million and two
thousand million. It is for this reason I recommend so earnestly
the cruising of the whole reservation showing the timber, kinds
and quality on each quarter section ; the quality of the land, whether
good for farming, grazing, reforestry or worthless. I think good
reliable capable men could be hired to do this for five cents an acre.
Then a comprehensive plan could be laid out covering the manage-
ment of the ^vhole reservation for years in advance.
During this administration there has been 1,610,690 feet of pine
sold at these high prices, in log measurement, and 651,088 feet of
rock elm. Very little of this rock elm has as yet been shipped.
I will say, in winding up this report, that I have done no busi-
ness in Wisconsin for 15 or 16 years, that I never did any business
on any Indian reservation in Wisconsin that I know of. I never
remember of having seen any man, woman or child before that I
met on the reservation, except the people I took with me. And I
take the liberty of recommending that whenever there is a change
made in the Indian Agent or any attorney appointed to represent
the Menominee Indians that it shall not be anybody who has, or
who ever has had, any business relations or acquaintances within
a hundred miles of the reservation.
Respectfully submitted,
EDWARD E. AVER,
Member of the Board of
Indian Commissioners.
January, 1914.
SUPPLEMENTARY REPORT OF MR. EDWARD E. AVER
ON THE MENOMINEE INDIAN RESERVATION,
JANUARY, 1914.
PRESIDENT VAUX AND GENTLEMEN OF THE INDIAN COMMISSION :
In my letter transmitting my report I said I would probably
have a Supplementary Report to submit. I concluded to try to
get expressions from more of the Indians, in the first place, and
from some I had already examined on a little different ground, so
I transmit, now, the balance of my report.
The questions I asked of the Indians pertain in particular to the
promises which have been made by the people who are endeavor-
ing to get the position of attorneys for the tribe and I present Mr.
Lookaround's testimony as Exhibit 13A.
About January 8th I got a letter from Mr. Mitchell Oshkenaniew
— in fact, two letters — which I present as Exhibit 25C. You will
notice that during September Mr. Ballinger wrote Mitchell Osh-
kenaniew a letter, stating the total loss to the tribe during the five
years' operation was $1,429,426.43. Such method as this was used
to inflame them against the conditions there, of course. You will
notice that Mr. Ballinger had evidently forgotten there was several
hundred thousand dollars' worth of lumber and a great many other
things that should be credited to this amount.
A question asked Mr. Tyrrell, and his answer, I present as Ex-
hibit 27A, to go with other things pertaining to him in my former
report.
I felt I had not gone, as carefully as I desired, into the lumber
operation, credited stumpage, etc., for the past three years; so I
asked Mr. Nicholson for information as to how much lumber had
been logged, manufactured and sold during each of the three years ;
how much stumpage was charged against each class ; what percent-
age was left after charging the said stumpage, as profit for the
year; and also if the stumpage rate that he was using was about the
same as used by other lumber companies, as far as he knew; and
the percentages of earnings on capital stock after said charges.
I submit this as a special exhibit, No. 33. You will note that after
charging stumpage of $443,176 there was a net profit of $245,213 ;
23
and he has answered my question as to the percentage paid on the
capital stock in the Note of this exhibit; also figured how much it
would be if the $269,695.92 lost before he came there was taken
out of capital stock.
I have interviewed one of our leading lumber companies — the
Oconto Company — and showed them the stumpage rate used by the
Menominee Mill. They didn't think it was enough, although they
thought our white pine was probably better than theirs (they used
$10 a thousand and the Menominee figure is $11.00). I find, on
using the list given me by them on the entire cut of the three years
on each class of timber that it adds up $39,879.38 to the stumpage,
which, subtracted from $245,213.55 leaves $205,334.17 net profit
after charging stumpage to proper amounts as indicated by the
President of the Oconto Company. I will also say that the stump-
age used at the mill was that recommended by the Indian Office,
letter of February 5, 1912, I. O. File 102661-1911.
At the end of Exhibit 33 you will find three tables giving the
cut of each year, of each class. As already stated in my former re-
port they were forced into cutting more white pine than usual on
account of the fire, for the two years 1911 and 1912. During the
years 1912 and 1913 they only cut three million, which was less
than 10 per cent, and you will see from the former report that the
amount of white pine on the entire reservation is 10 per cent of the
estimated quantity.
As it may not be in quite as good shape there, I include a copy
in this as Exhibit 33A, showing the estimated timber on the entire
reservation ; and also in this same table I give the prices furnished
me by the Oconto Company; and I also send you as Exhibit 33B,
a table showing the total cut of each class of timber cut on the
Reservation for the past three years, and the stumpage carried out
as per the Oconto Company's recommendation.
I am sending another set of Mr. Kemnitz's testimony, which has
his affidavit annexed, and this will take the place of Exhibit 4, which
I have already sent you.
Exhibits 34, 35, 36, 37, 38 and 39 are the opinions of Indians
about Keshena, in regard to the affairs and what action Mr. Tyrrell
has taken in regard to the reservation. You will notice in No. 35,
Pywaukee, he states that they had already paid Mr. Tyrrell $500.00.
You will notice that practically all these men who have furnished
money to Mr. Ballinger and Tyrrell have been told that they would
get it back, out of the tribal funds. You will notice in one case,
Exhibit 39, Tomaw, where he has taken $20.00 belonging to the
24
Temperance Society to put into the fund for attorneys, says the
tribe is to pay it back.
Now, as I understand the law, nobody can represent these In-
dians unless approved by the Government in Washington. If that
is true it is entirely illegal to ask these Indians for any money for
any purpose until such approval has been gained and attorneys for
the tribe have been established. If I am right about this, these men
should be made to immediately refund this money to the members
of the tribe, as they all say the money is to be refunded from the
tribal funds, that they advanced.
I am inclined to think, under the circumstances, that the Indians
on this reservation ought to have some money in the shape of an-
nuities, in the near future. They have been having it, more or less,
for a good many years, and you will note all the way through the
testimony that they practically all claim that if they were getting
their annuities they would think it was all right, but that the money
must have been lost, because they don't get annuities.
The recommendations that I have made, as for furnishing farm
lands, money for education, tribal cattle, etc., will take more or less
time and most of them need legislation before they can be carried
out. In the meantime it is very necessary that conditions should
be quieted on the reservation, and I think that if this were done,
and done through the hands of the Government, itself, without any
lawyers or outside influences, it would have a most salutary effect
on the entire tribe.
Respectfully submitted,
EDWARD E. AYER,
Member of the Board of
Indian Commissioners.
January, 1914.
25
EXHIBIT 1.
Copy of letter from D. F. Tyrrell to Hon. Cato Sells, dated
November 20, 1913, and Mr. Sells' letter to Mr. Edward E. Ayer,
dated November 20, 1913, inclosing copy of Mr. Tyrrell's letter,
all relative to the affairs on the Menominee Indian Reservation.
DEPARTMENT OF THE INTERIOR,
OFFICE COMMISSIONER OF INDIAN AFFAIRS,
WASHINGTON.
November 20, 1913.
MY DEAR MR. AVER:
After an interview with Mr. D. F. Tyrrell, of Gillette, Wisconsin, yester-
day, I requested him to write me a letter stating conditions as he under-
stands them to exist at Menominee, and that he also leave with me certain
photographs taken by him.
I received his letter today and am herewith enclosing same to you with
the photographs, that you may have the benefit of his suggestions.
Mr. Tyrrell seems to be a very earnest and intelligent man and I think
it would be well for you to have an interview with him.
I wish you would advise me a few days in advance of the time when you
start for Wisconsin, so that I can arrange for one of my men in the Forestry
Service to accompany you, as you requested.
To the extent that I can be of service to you, please command me.
Very truly yours,
(Signed) CATO SELLS,
Co mmissio ner.
HON. E. E. AVER,
Ry. Exchange Bldg.,
Chicago, 111.
(Copy)
WASHINGTON, D. C.,
November 20, 1913.
HON. CATO SELLS,
Commissioner of Indian Affairs,
Washington, D. C.
My Dear Sir :
Pursuant to request I herewith submit to you certain data, relative to the
Menominee Indian matter.
I am not conversant with the conditions existing throughout the entire
area covered by the logging operations on the reservation, but that portion
with which I am familiar bears ample and convincing evidence that the
operations are being conducted at a heavy loss to the tribe.
The work, seemingly, has been and is being carried on with little or no
26
regard for profit. Waste is evident on all sides. (Note exhibits hereto
attached and more specifically referred to herein.)
Splendid timber has been cut and left to rot in the woods. (Note Ex-
hibits 1 and 2.)
White pine and Norway logs, containing the very best of lumber, may be
seen skidded in the woods and left to the mercy of the weather and worms
and in this same area may also be seen other white pine and Norway logs
that have been cut and swamped and not even skidded but simply left where
cut.
Logging roads have been cut and splendid logs piled on each side of them
and left. These roads were never used after being cut.
Large trees, both green and dead, have been left along the logging railroad
notwithstanding the fact that they contained valuable lumber and stood only
a few feet from the right of way.
In one place ties, posts and poles were scattered around. In another a
large number of pieces of cedar had been cut and left in the woods.
I found that the white pine and Norway had been cut from a tract of
burnt timber and at least \l/2 million feet of fine hemlock left to spoil.
(Exhibits 10 and 11 give a view of this tract. Exhibit 11 also gives a view
of the camp, known as old camp 12, I believe, which is located practically
at the edge of this tract. The track ran between these camps and this tract
and a portion of the right of way is shown by light streak at point marked
"X." The dark streak in Exhibit 10 shows the same tract from another
angle.)
White pine logs, scaling not less than 500 feet of the finest white pine
lumber that ever grew in the State of Wisconsin, I found cut and left in
the woods to be destroyed by the weather and worms. (See Exhibits 1
and 2.)
In one small area I counted not less than 14 white pine logs, none of
them less than 12 feet long and one of them at least 24 feet long and con-
taining the cream of white pine lumber, that had been left in the woods.
These logs will average not less than 2^2 feet at the small end. In this same
area were two white pine trees, measuring not less than 70 feet from butt
to first limb, or to be exact, 24 paces, that had been felled and left to decay.
From these trees could have been cut the very finest quality of white pine
lumber. In this same area I found a piece of hewed timber, about 20 inches
square and not less than 40 feet in length, or, to be exact, 14 paces, that had
been left where hewed.
Please note, Mr. Commissioner, that these logs and trees just referred to
were as good as any that ever grew in the State of Wisconnsin or anywhere
else. I cannot make this statement too strong. I found large areas that
had just been skimmed over, the best taken out and vast quantities of valu-
able timber, both dead and down as well as green and standing, left.
All of the timber that I have mentioned in this statement has been left to
spoil as the track has been taken up and, if it is ever logged, it will be at a
great expense and after it has become nothing more than cull timber.
A large burned over area, containing several million feet of valuable tim-
ber, remains uncut and uncared for, notwithstanding the fact that it was
burned over several years ago. In the neglect to properly handle this tract,
alone, the tribe has sustained an enormous loss.
In the manufacture of square timber the tribe is suffering a great and
27
grievous loss. Only the best of timber is taken. Nothing but the largest
and tallest trees are used and they must be perfectly round.
In the hewing many feet of the finest lumber is lost in the slabs taken
off. I would estimate this loss to be not less than 200 feet to each piece,
because of the valuable timber left in the tops which in many instances
would bring the amount up to several hundred feet. (See Exhibit 2 showing
slabs against tree.) A future loss will result from the fact that the taking
of this select timber leaves an inferior grade of timber, which will not
bring as much as it would were it sold in conjunction with the select stuff.
In one instance a watering trough had been hewed from a white pine log,
at least thirty feet long, and worth in lumber, I should judge, not less than
$30.00. A trough could have been made from hemlock plank at a cost not
to exceed $2.50 and the horses would never have known the difference and
the tribe would have saved $25.00 or more.
Green lumber is being cut today while millions of feet of burnt timber is
going to waste.
Valuable lumber is being thrown into the "hog," ground up and hauled out
and dumped into the slough.
Valuable lumber has been dumped into this same slough and covered over
with this ground-up wood from the "hog." The places where this lumber
has been buried can be pointed out. (Exhibits 6 and 7 give some idea of this
waste.)
A great deal of material from which considerable revenue could be realized
has been and is being thrown into the "burner."
Exhibit 9 shows what is known as the "sink hole." Into this hole has
been dumped some 300 carloads of gravel besides a large quantity of logs.
Had the track been run but a few feet to one side it would have had high
ground and this hole avoided.
Mr. Commissioner, I realize that I have made some very strong state-
ments herein. I feel that it is up to me to prove them. I earnestly request
that you give me an opportunity to do so. Kindly allow me to point out the
things I have referred to. In fact I feel that it is quite possible that some
of these items will not be located unless I do point them out. I would be
pleased to meet any representative from your department at Shawano, Wis-
consin, at any time, the sooner the better, however, and go over this matter
carefully with him. Thanking you for the opportunity to present these facts,
I am,
Respectfully yours,
(Signed) D. F. TYRRELL,
P. O. Address, Gillette, Wisconsin.
Mr. Commissioner, it has just occurred to me that I was informed by
members of the tribe, some time ago, that they had commenced to dray in
some of this timber that had been cut and left in woods. If such has been
done it was at a great expense and after the timber had greatly deteriorated
in quality and value and for the purpose only of getting it out of the way.
If an inspection is made, before snow comes, evidences of this work, if any
done, will be readily apparent.
(Signed) D. F. TYRRELL.
NOTE. — The exhibits referred to in the above letter are photographs not
available for reproduction.
28
EXHIBIT 2.
Copy of Report of Mr. L. P. Holland, woodsman in the employ
of Ayer & Lord Tie Company, Chicago. Dated Paducah, Ky.,
December 4, 1913.
PADUCAH, KY., Dec. 4, 1913.
HON. EDWARD E. AVER,
Indian Commissioner,
Chicago, Illinois.
Dear Sir:
I herewith hand you my report on three days' investigation beginning No-
vember 28th, 1913, of work being done on the Menominee and Stockbridge
Indian Reservation at and near Neopit, Wisconsin.
On the 28th of November I looked over and inspected carefully the mill
yard. I found, according to my judgment, based on nineteen years' ex-
perience in the tie and lumber business, the most efficient work, both in
manufacture and care of stock, that I have ever seen on any mill yard, large
or small. The management of this part of the work has certainly been first
class.
Beginning on the 29th of November, in company with Mr. Tyrrell as an
attorney for some eight or ten Indians who were also along, with several
other parties, I began the inspection of the cutting and logging on the Reser-
vation, following the direction of Mr. Tyrrell. I was first shown a square
timber 38 feet long, 24 inches in diameter, No. 187. Mr. Tyrrell claimed
a loss to the tribe on account of the slabs hewn from this timber, there being
some very small slabs taken off. I could not see the loss to the tribe, as
this timber had been measured and sold and the tribe had credit.
The next complaint was about some logs decked about 400 feet from the
railroad. Mr. Tyrrell claimed a loss to the tribe on account of sledding and
re-decking along the track. When told by E. J. Brigham, who has charge
of the logging, that they would be loaded as they were sledded and would
not be redecked, Mr. Tyrrell said this would not be done. When asked
why, he stated that he would show where redecking had been done before,
but he failed to do this, and later admitted that he could not.
I was next shown five white pine logs, sap-stained, which he claimed should
have been barked. I consider the damage to these very slight, as they were
right on the railroad and will be taken to mill right away.
Again, Mr. Tyrrell claimed that the stumps were cut too high. At this
particular point the stumps were rotten and hollow, and I consider that
there was no loss, but at some other places, the stumps were cut too high,
but the per cent of sound stumps cut high was very small. Mr. Tyrrell also
complained about a log that had been left at the butt of a tree. This log
was about 30 inches in diameter at the small end; was hollow from end to
end, large enough for a man to crawl through. This was demonstrated by a
man crawling through the log from end to end. This complaint, in my judg-
ment, was absurd, as it surely would have been a loss to the tribe to have
made the expense of hauling and sawing timber of this kind.
29
Mr. Tyrrell's complaint at Camp 15 was that logs had been cut for wood
that would have made good lumber. These logs were from a tree that
must have been dead at least ten years, in my judgment worthless to the tribe
except for wood. In discussing these logs, Mr. Tyrrell made the asser-
tion that any white pine lumber that would hold together was worth $16.00
per thousand. This shows how reckless he was in making statements. He
showed some logs that had been peeled. These were tops from trees cut for
export. These, I think, were in good condition and not damaged. Mr.
Tyrrell would say, if logs had not been peeled that they should have been
peeled to preserve them ; but if they were peeled he claimed they were dam-
aged by worms.
He showed several logs all scattered on the last year's work in the swamp,
that were left on account of the breaking up of cold weather. This terri-
tory is still in operation and can be cleaned up this winter. Logs in good
condition.
Mr. Tyrrell next showed two trees, fourteen logs and one square timber
that he claims should have been loaded, but the track was removed. These
logs were near a new cutting and could be taken up. I could not figure out
any loss here.
From this point we passed through a long strip of burned-over land, an old
cutting. In this strip, the timber was nearly all dead. We were shown
several logs cut, and quite a lot of standing timber of the cheaper grades.
This was cut over about two years ago, following the fire, and the man-
agement claims they cut the white pine and left the hemlock on account of
the pine being much more valuable and much more important to save before
it damaged.
On November 30th we were almost exclusively on old cuttings of two
years past, and over. Complaint was made about logs being cut for lumber
being used in making fills for the railroad and stringers for bridges for
wagon roads, and skidways left where the track was taken up and removed,
and some logs left scattered over this old territory. These claims seemed
to be more reasonable and it looked as though there had been some careless
work done by some one, but much of this is a question as to whether the
tribe suffered any loss, as the time spent in getting dirt or worthless timber
might have equalled the cost of putting the timber in bridges and fills.
Mr. Tyrrell made a charge against the management for charging Tom
LaBell, an Indian, $36.00 for the use of camps belonging to the tribe, while
working out a contract on a certain boundary on which he was to cut and
deliver the timber at $6.00 per thousand. I fail to see any loss to the tribe
in this, but had they furnished a camp free, as Tyrrell said they should
have done, it would have been a loss to the tribe.
Mr. Tyrrell showed a cut through the hill about four and one-half feet
deep, about six hundred feet long. He claimed they had a track around this
hill and took it up when the cut was made. Mr. Nicholson says this cut was
made as the passway for the loaded and empty cars and both tracks were
used at the same time and the cut was made to get on solid ground for the
loaded cars, on account of the ground being soft and swampy where the
track went around the hill, which seems to be a good business proposition in-
stead of a waste. Complaint was also made at this point, about 110 ties
30
being left that had been used in a jam dock. These were inferior ties in the
beginning and had been used in the track before being put in the dock.
He also claimed a loss to the tribe by the management, on account of small
trees being cut for skids on which to fell the large trees cut for export. Mr.
Nicholson says this timber was all measured and paid for, therefore could
not be a loss to the tribe.
Mr. Tyrrell showed some timber near old Camp 12 that he said should
have been cut. This was burned-over land and, in my judgment, could not
be worked at a profit. He showed about 4,000 cedar logs cut about two
years ago — also some poles cut by Paul Tebeau, an Indian. These logs were
in a swamp and were left on account of the breaking up of the ice. They
are in good condition and Mr. Brigham says they will be taken out this
winter.
Mr. Tyrrell said to me that he had grown up in the lumber business in
Wisconsin, yet he showed ignorance in a surprising way to me, by mis-
calling the kinds of timber several times. He would call hemlock white
pine, and he did this on several occasions.
I have gone over this matter at considerable length, to give you as nearly
as possible the character of the claims and charges made by Mr. Tyrrell,
and the disposition of this man to magnify his charges. I could give other
instances, but think these sufficient. After carefully going over the situa-
tion I will say that I have never seen or known a job run by any one where
there was as little loss in timber as on this one, and especially is this true
of the last two years' cutting. While there are some logs and timber left
on the old cutting, in my judgment, the per cent is much smaller than is
common where I have worked.
Yours very truly,
L. P. HOLLAND,
Superintendent.
EXHIBIT 2A.
Mr. L. P. Holland's affidavit.
January 29th, 1914.
I hereby certify that the statements made in my report dated December
4th, 1913, to Honorable Edward E. Ayer, of the Board of Indian Commis-
sioners, regarding conditions on the Menominee Indian Reservation are
true and correct to the best of my knowledge and belief.
(Signed) L. P. HOLLAND.
STATE OF KENTUCKY, ~)ss.
?n.(
County of McCracken.
Subscribed and sworn to before me, a Notary Public, this 29th day of
January, 1914.
FRANCES JOHNSON,
[SEAL] Notary Public.
My commission expires Jan. 30, 1916.
31
EXHIBIT 3.
Copy of the report of Mr. Philip R. Smith, Secretary & Treas-
urer of Ayer & Lord Tie Company, Chicago, in regard to the
affairs on the Menominee Indian Reservation at Neopit, Wis-
consin, dated December 30th, 1913.
December 30th, 1913.
MR. EDWARD E. AYER,
Railway Exchange Bldg.,
Chicago, Illinois.
Dear Sir:
You having requested me to go to the Menominee Indian Reservation
with you to look over the books of the Superintendent, also look over the
mill yard and some of the logging operations, I wish to report that I went
over all the books, ledgers, cash books, journals and record books, not
with the idea of a detailed check or audit, but with the idea as to looking
into the methods of handling and seeing whether they were complete and
also to see whether there might be some short cuts that would save labor.
After noticing the immense amount of detail that the Government insists
on in its reports and making an examination of the books, I found there were
few places where any saving whatever could be made and at the same time
furnish the amount of detail required. My opinion is that the books are
exceptionally well designed for the work in hand and that they are ex-
ceptionally well kept, and I have no hesitation in saying that Mr. Ashford is
keeping a perfect set of books.
With regard to the yard, I went through the yard with you, Mr. Tyrrell
and a number of Indians, also with Mr. Holland and Mr. Nicholson, and I
found that wherever the piles of lumber were on high ground, there was
very little trash lying around, no more than in many lumber yards I have
visited, and not as much as in some. There was quite a considerable amount
of trash in that part of the yard that was built on piling, the mill having
originally been set in the bottom and a large part of the yard constructed
over the water. Wherever this was the case, if a broken piece of board
fell, or any of the old piling rotted out, or the timber holding the lumber
rotted, they were liable to drop in the water and were not taken away, but
they served the purpose of helping to fill this bottom, as a great share of
this bottom land where the lumber was on piling has now been filled in with
waste material of different kinds and should all be filled in to make an
economical piling yard. Any trash or broken pieces that may have dropped
into this water certainly have filled their place in helping do away with the
water. If this yard had all been on high ground, no doubt this accumula-
tion would have been taken away. I saw no waste of good material or
neglect in keeping the yard in an ordinarily clean condition. The principal
mistake in the whole proposition was the location of the mill at the start.
With regard to the woods, I went into the woods and spent two days
there. Mr. Nicholson was with us the first day, and Mr. Tyrrell, Mr. Hol-
land, Mr. Brigham, Mr. Crowell, Mr. Kinney and a number of Indians
were there all of the two days. I found conditions in the woods to con-
form, in a number of instances, with the charges made by Mr. Tyrrell ;
32
that is, as far as finding logs he had photographed and pieces of slabs he
had photographed, but as to there being any gross extravagance or waste in
the woods, this I did not see.
We located quite a good many logs and found large slabs cut from some
of the logs and also found some logs that should have been hauled in, but
the explanation on this was that these were, particularly, logs cut for square
timbers left on account of the early thaw. A big proportion of them had
been peeled, showing that an effort was made to protect them, a large pro-
portion of them will be brought in for this year's cut and the loss will be ex-
ceptionally small on these logs.
The principal loss that Mr. Tyrrell dwelt on was in the cutting of these
square timbers, and he claimed there was an awful waste in the slabs. The
contract called for the payment of these logs in the round; therefore, he
paid for such slabs as were left in the woods.
We found other logs that had been left and a number of hemlock trees
that had been left in the last three or four years on burned areas, but the
instructions at the time were to cut all the pine and better class of timber, as
the fair season was so short that they had to cut the timber that would
pay the most and the timber that was left standing, which damaged consid-
erably by being left, was timber that would net but small returns, and they
did not even, in the time they had, manage to get all of the pine in, though
practically all of it. There is no question but that the loss would be an ex-
ceptionally small per cent considering the immense amount of timber that
was brought in during the three or four years.
As to the price that they received for the square timber, I understand
this was $70.00 per M in the tree, standing. They are only getting about
$80.00 to $85.00 per M for select cuts of the same class of timber after it
has been logged, hauled to the mill, manufactured and piled, and therefore
I consider the price of $70.00 per M in the tree, standing, was an excep-
tionally good one and far better than manufacturing this timber, paying the
cost of hauling, cutting, stacking and then receiving but $75.00 per M for
the best of it, and much less for the lower grades.
Mr. Tyrrell's attitude, as I saw it on this trip, was one of continual fault
finding. He seemed to see nothing that was done right, and at each log
that we would come to in the woods, he would make a speech which seemed
to be made for the benefit of training the Indians and making them dis-
contented. The only time I heard him say a complimentary word was to
Mr. Brigham when we went to the New Camp 18 and made the last stop of
the evening coming in and went out on the burned district where Mr. Brig-
ham had cut down and cut up practically every log and every, tree on the
district, and we found many logs that had been found defective, then Mr.
Tyrrell stated that Mr. Brigham certainly was doing his work properly
there, but he was afraid somebody might criticise him for spending money
in cutting up a lot of this timber that had a number of defects not visible
until cut, and they might accuse him of waste in cutting timber that should
have been left alone, and yet this was the same class of burned timber that
we had been going over and the criticism was all the other way, because it
had not been cut.
Yours very truly,
(Signed) PHIL. R. SMITH,
Secretary and Treasurer.
33
Affidavit of Mr. Philip R. Smith.
CHICAGO, January 13, 1914.
I hereby certify that the statements made in my report dated December
30th, 1913, to Honorable Edward E. Ayer, of the Board of Indian Com-
missioners, regarding conditions on the Monominee Indian Reservation are
true and correct to the best of my knowledge and belief
(Signed) PHILIP R. SMITH.
STATE OF ILLINOIS,) ss.
County of Cook, \
Subscribed and sworn to before me, a Notary Public, this 13th day of
January, 1914.
(Signed) ARTHUR W. ARMSTRONG,
[SEAL] Notary Public.
EXHIBIT 4.
Affidavit of Mr. L. W. Kemnitz.
Report of Mr. Edward E. Ayer's interview with Mr. Louis
Kemnitz, of Greenbay, Wisconsin, a lumberman cutting timber
on the Wolf River, near Neopit, December 1, 1913.
Mr. Kemnitz was a visitor at the Menominee Indian Mill on December
1st, where he was introduced to Mr. Ayer by the Superintendent, Mr. Nich-
olson. Selected from the ensuing conversation, of a general nature, are the
following questions and answers :
Mr. Ayer :
Q. How many lumber yards have you been in, Mr. Kemnitz?
Mr. Kemnitz :
A. About 40.
Mr. Ayer:
Q. How do you think this yard here compares with most of those you
have been in, in regard to cleanliness ?
Mr. Kemnitz :
A. Mr. Ayer, as I said, I have been in about 40 different yards and I think
this is far superior in that respect to most of them.
(Signed) L. W. KEMNITZ,
Green Bay, Wis.
Witness :
CLARA K. JANSEN,
MOSE A. JANSEN.
Personally appeared before me, a Notary Public in and for Langlade
County, State of Wisconsin, L. W. Kemnitz, of Green Bay, Wisconsin, who
made oath that the foregoing testimony is true to the best of his knowledge
and belief.
Dated at Phlox, Wis., this 20th day of Jan., 1914.
(Signed) MOSE A. JANSEN,
Notary Public, Langlade Co., Wisconsin,
My commission expires Dec. 13, 1915. P. O. Phlox, Wis.
34
EXHIBIT 5.
Report of Mr. Edward E. Ayer's interview with Mr. Bernard
C. Nelson, yard foreman, at Menominee Indian Reservation,
Neopit, Wisconsin, December 1, 1913.
Mr. Ayer:
Q. How long have you been foreman here?
Mr. Nelson:
A. Ever since it started.
Q. You have had to fill it, have you?
A. Yes.
Q. Hasn't it been injurious, filling it over water?
A. Yes; it had to be.
Q. Couldn't it have been arranged otherwise?
A. No; I couldn't get to solid ground.
Q. When you get it filled in it will be better, of course?
A. Yes, but it hasn't settled yet.
Q. Do you think there has been any good lumber, except by accident, ever
covered up in that yard
A. No, sir.
Q. Is there any lumber that could have been sold for any price in that
dump?
A. No, sir.
Q. Those piles with ends sticking out, aren't they of any value?
A. No, sir ; it might look like lumber, but it never was merchantable lumber.
Q. How often do you go through the yard and practically clean it up?
A. I have men every day, but, of course, sometimes I don't have a chance.
Q. Has the scarcity of labor anything to do with the yard getting in bad
shape ?
A. Yes, sir ; I had to work some of the white men 16 out of 24 hours ; the
Indians would not work that way. I then told the Indians to go through the
trams and 'pick up the small pieces. I would have had them pick up all the
No. 3, etc., and put them in the grades where they belong, but I could not
get any men.
Q. All this lumber across the river and on the higher bank is in good
shape is it?
A. Yes, sir.
Q. How much cleaner was the yard when I came here the other day than
it usually is this season of the year?
A. It wasn't any cleaner. There are always pieces dropping off now and
then ; but the mill is shut down now and I have had a good opportunity to
pick up. When the mill is running night and day I don't have so good an
opportunity.
Mr. Ayer:
Q. What percentage of the pine in this neighborhood will run C and better?
Mr. Nelson :
A. I would say around 50%.
Q. What per cent would run B and better?
A. About 15%.
35
Q. How many thousand feet of miscuts have you made this year?
A. About 160,000—^ of 1%.
Q. How high have you ever known miscuts to run?
A From about 1 to \l/2% we figured on where I worked before.
Q. Some of them have said that the machinery was out of order and that
the last two plank would become destroyed and have to go into the lathe
plant.
A. No; the sawyer, Mr. Turney, who was on the night shift, told me his
carriage was not working right and that the last pieces came over the
slasher, but I didn't see anything of that kind done.
Mr. Nelson :
In 1910 we piled No. 3 hemlock where that lumber was buried, and it
settled down 8 feet. Now the evaporation from that hogfoot kept it con-
tinually moist ; it wouldn't dry out, so I repiled it. When I got down to the
water's edge after picking out the best of it, the bottom boards were so
rotten that they were worthless. So I said : "Leave it there and we will
cover it up," instead of having it taken away for lath.
EXHIBIT 6.
Report of Mr. Edward E. Ayer's interview with Mr. Peter
L,. Adams, foreman of the mill, at Menominee Indian Reserva-
tion, Neopit, Wisconsin, December 1, 1913.
Mr. Ayer :
Q. You are the foreman of the mill, aren't you?
Mr. Adams :
A. Yes, sir.
Q. Of course no mill will do good work unless it is kept in order, will it?
A. No, sir.
Q. Has it been in good order the last year, with the exception, of course,
of things that would ordinarily occur?
A. Yes, sir.
Q. How about the resaw?
A. We have what is acknowledged to be a good one, although it is not
the kind I wanted.
Q. But it has done good work, as a rule?
A. Yes, sir.
Q. Now, there have been some complaints that on the last two plank the
resaw would not take 6-inch stuff, but would only saw 4-inch stuff; is that
true?
A. Well, our resaw is an upright resaw. We have to take the slabs off
until the first faces are clear. Now in sawing with the big bends on the
carriages those faces must be finished, and sometimes they go through the
bark which is left on and when thrown over to the resaw sometimes the
bark drops off and that makes a little variation in the resaw. I have cau-
tioned my sawyers about it.
Q. What is the usual percentage of badly sawed lumber in a place of this
kind?
A. Well, I formerly worked for J. W. Wells, Mr. Wells is a man who has
36
had eleven different mills. He is located at Menominee. He would never
raise much of a fuss until my miscuts amounted to 2%. In figuring up I
find that here it is ^ of 1%.
Q. Have you had any trouble with any of your sawyers in the last six
months ?
A. Yes, I have; particularly with one.
Q. Will you give me his name and the nature of the trouble?
A. His name is Grant (J. T.) Turney. The nature of the trouble is that
he is a general disturber. This last season we have been short of men pretty
much all the time, and never started a shift, night or day, where I had any
assurance of having a full mill crew. Mr. Turney, seeing that I was in
trouble, would make more trouble. He is a man who talks a great deal and
has knocked me to others, declaring that I was incompetent. He stamped
the setter off the carriage one morning about 4 o'clock and was going to get
another man, but the night foreman objected. The night foreman made
him complete the shift. In the morning, on my way to work, I met the
setter and he told me the nature of the trouble. This setter was a man that
Turney took on as a carriage rider and developed him into a setter. This
man said peremptorily that he would not wait for Turney any longer. This
put me short of a setter and I couldn't get another, and I put Turney's son
on as setter. I think he wanted to get his son a job. However, Turney's
son did as well as could be expected.
Mr. Adams :
Another instance was where he had a rider who complained about his
tools, his cant hook, etc., and he said, "If your cant hook don't suit you throw
it in the conveyor." If it had been thrown into the conveyor it would simply
have gone into the burner and disposed of it.
Another offense of his. He got sour at the blacksmith, who has to look
over the carriages twice a day. The mill stops at 6.45 in the morning and he
has three-quarters of an hour to look them over ; also an hour at noon. The
carriage crew are supposed to let him know what is wrong. Turney got
sour at the blacksmith ; nothing he did was right. The dogs in our carriages
are the ordinary ones that came with the mill, the Prescott dogs. These
are all right in big timber, although in small timber they are, we find, in-
efficient. Very often they would have to make a second and third attempt
to hold the log. This Turney blamed to the blacksmith. Along about the
Fourth of July the blacksmith got sick and I had to look after things myself.
I took a dog out and without any change put it into a block on the other
side of the mill and run it for three weeks. The man on the other side
did not complain.
Mr. Ayer :
Q. How long did Mr. Turney work for the company as sawyer?
Mr. Adams :
A. This was the third season.
Q. Did he ever complain about the resaws before these last six months?
A. Occasionally.
Q. Do you pay any attention to the percentage of lumber that comes out
of the log; are you in charge of that?
A. No ; I have to look after the cutting in the mill, but not the sorting.
37
Q. Was there any complaint that the finish of the log could not be sawed
properly and was destroyed?
A. No; if there was it was when I wasn't noticing things. You under-
stand that with my multitudinous duties I can't be on the saw floor all the
time.
Mr. Ayer:
Q. But it wasn't habitually that this happened, was it?
Mr. Adams :
A. Oh, no.
Q. This man is discharged, is he not? (Referring to Turney, the sawyer.)
A. Yes, I discharged him. He is now working at one of the camps.
Now, in further testimony, Mr. Nicholson made an investigation and his
notes are in evidence. I also have the signed statement of the men who
work in the same capacity as Mr. Turney in the mill, and who were there
at the time; of the millwright and his helper; of the night foreman and
of the three other sawyers.
Q. Will you have copies of these statements furnished me ; will you have
Mr. Nicholson send them to me?
A. Yes, sir.
(COPY)
(Copied from original on Dec. 1, 1913, for Mr. Edward E. Ayer.)
MENOMINEE INDIAN MILLS, NEOPIT, WIS.
P. L. Adams, Mill Superintendent.
We whose names appear below use this means to contradict the statements
made by Grant Turney to A. S. Nicholson and others.
A. That the machinery of the saw mill was allowed to run down to such
an extent that good lumber could not be made with it.
B. That the men whose duties were to keep up the mill refused to re-
spond to their calls, made by the signal whistle.
C. That Turney was discriminated against in the efficiency of the men
assigned him for his work.
D. That the management of the mill suffered by comparison with that of
other mills in this State during the season of 1913.
Signed by : D. C. MOVER, Sawyer.
E. J. LAPORTE, Sawyer.
THEO. LAPORTE, Sawyer.
GEO. VASOLD, Millwright.
AXEL FOSSON, Oiler.
OTTO GLASSOW, Night Foreman.
EXHIBIT 7.
Report of Mr. Edward E. Ayer's interview with Mr. Thomas
Prickett, one of the Committee appointed by the tribe, at Me-
nominee Indian Reservation, Neopit, Wisconsin, December 1,
1913.
Mr. Ayer :
Q. How long have you been connected with this plant?
38
Prickett :
A. Ever since it was built.
Q. Are you now working?
A. No; not for the last two years.
Q. Are you an Indian?
A. Yes ; not a full blood, but I am a member of the Menominee tribe.
Q. Now, in a few words, tell me what is the matter. What do you sug-
gest as the remedy?
A. The log superintendent here was not competent to run our plant, that
is Mr. Woodcock, who left here some time this spring or summer.
Q. Was he discharged?
A. No ; he resigned last spring.
Q. Who is in his place now?
A. Brigham. -v
Q. Have you had any experience with him?
A. From all accounts, since he has been here he has attended to his
business and I know he is trying to save money for the tribe. He is a gentle-
man. Now if Mr. Woodcock got money for us we would all help him.
Q. Are you familiar with other loggings, in other sections of the country?
Have you logged for private concerns?
A. I work at Merrill, Wisconsin.
Q. Is the lumbering done here on this reservation the last two years
satisfactory?
A. No, sir; it is not.
Q. In what respect was the logging under Mr. Woodcock bad?
A. When a man is superintendent of three or four camps he has no
business in this office all the week. They hired men with no experience of
sawing logs that would make good lumber. (Here Mr. Prickett detailed
an instance supposed to bear out this statement.)
At this point Mr. Ayer explained to Mr. Prickett how the plant had
added to the funds at Washington, during the past two years, $444,000; that
there had undoubtedly been mistakes made in the woods and about the mill
and that our present duty here was to find out how important they were.
Also that Mr. Ayer's expert had reported that the accounts were in good
shape.
Mr. Ayer :
Q. What is this attorney employed by you Indians for?
Mr. Prickett:
A. Well, now, we Indians can come up here to Mr. Nicholson, but cannot
get information; but Mr. Tyrrell can come up here to Mr. Nicholson and
he knows what we Indians want and can find out from Mr. Nicholson.
Q. Don't you think the yard here today is in good, satisfactory condition?
A. Yes ; everything is clean.
Q. Are the lumbering camps kept clean?
A. I think they are.
Q. You would be perfectly satisfied with Mr. Nicholson if they are mak-
ing good money here?
A. Yes, sir; perfectly satisfied.
39
EXHIBIT 7A.
Copy of Mr. Thomas Prickett's letter to Mr. D. F. Tyrrell,
dated Neopit, Wisconsin, Dec. 11, 1913, and sent to Mr. Tyrrell
at Washington, D. C.
MR. D. F. TYRREU,,
Washington, D. C.
My Dear Tyrrell:
Inclosed herewith find typewritten copy with my own attached as per your
request of December 9th, last.
If I understand it correctly, you want me to answer the questions as I
gave them at the time I had an interview with Mr. Ayer. You will note
on the typewritten copy pencil marks, which mean errors of the stenographer
or Ayer.
Q. Was he discharged?
A. I did not know, he resigned to take another place. Understand he
got bigger wages.
Q. Who is in his place now?
A. There is a man here now. I heard he was doing good work and trying
to pick up all the logs that was left.
Q. Have you had any experience with him?
A. (Down to further line about Woodcock.) Now if Mr. Woodcock
made money for us we would like it, but he did not.
Q. What is this attorney employed by you Indians for?
A. I told him we could come to Nicholson and he'd turn us down, and
we want him as our attorney during the investigation, the one that is coming.
Q. Don't you think the yard here today is in good satisfactory condition?
A. (He also asked me if the yard was cleaned every two weeks, and I
answered No, for it never was cleaned for 2 years, and could get 50 white
employees to testify to this.)
Q. Are the lumbering camps kept clean?
A. I don't know.
Q. Are you familiar with other loggings, in other sections of the country?
Have you logged for private concerns?
A. Worked for Mr. McCord, of Merrill, Wis., for 18 years. I estimated
timber for him and bought on my estimation and I put it in, that is, the
timber.
There seems to be a question left out entirely as I remember of putting it
up to Mr. Ayer explaining to him that there were too many men working
both here at the mill and the camps. This is what Ayer leaves out of the
report. Now, Mr. Tyrrell, these answers in response to the questions asked
me are about as near as I can remember of answering, they do not differ
very much, as shown on the report, only that there is a lot left out.
I am also sending you under separate cover the films you asked for,
which goes forward in today's mail.
Very truly yours,
(Signed) TOM. PRICKETT.
40
EXHIBIT 7B.
Report of Mr. Edward E. Ayer's second interview with Mr.
Thomas Prickett, at Menominee Indian Reservation, Neopit,
Wisconsin, December 17, 1913.
Mr. Ayer :
Q. There has been a question come up about the money raised by the
tribe here and given to attorneys. How much money has been raised for
that purpose and given to attorneys?
Mr. Prickett:
A. I have the book at the house: I couldn't say.
Q. Will you furnish me a list of these names this afternoon?
A. Yes, sir; certainly.
Q. That money was sent to Mr. Ballinger in Washington or given to Mr.
Tyrrell?
A. No, sir.
Q. Sent to Mr. Ballinger?
A. Yes, sir. Two hundred fifty dollars.
Q. You raised $250.00 for Mr. Tyrrell?
A. No, for Mr. Ballinger. We raised it for the investigation that is to
come.
Q. Did you expect, then, when the investigation was here, to have a lawyer
come here?
A. Yes, to conduct our affairs.
Q. Had you been promised an investigation?
A. I think the Indian Office appointed some joint committee to investigate
all the Reservations in the United States.
Q. Who promised you?
A. The Department.
Q. You were in the party that went in the woods?
A. Yes, sir.
Q. Had you been logging in the woods?
A. No, sir.
Q. For what purpose did you go?
A. Well, there has been parties here that saw timber that Mr. Kemnitz
left lying here cut and I was ordered by the committee to see where the
logs were.
Mr. Ayer :
Q. Then there is a committee appointed by the tribe to look after these
affairs ?
Mr. Prickett :
A. Yes, sir.
Q. Who are the members of the committee?
A. Mitchell Oshkenaniew, Louis LaFrambois and myself.
Q. Just three of you?
A. Yes.
41
Q. Is Oshkenaniew still in good standing in that committee?
A. I think so.
Mr. Ayer :
Q. In regard to cleaning up the mill. They commenced cleaning up when
the mill was shut down?
Mr. Prickett:
A. I think so.
Q. After they shut half they commenced to clean up?
A. Yes, sir.
Q. When all the mill was shut down they put on a greater force?
A. Yes, sir.
Q. Now, you say that all of this money that was raised here was sent to
Mr. Ballinger?
A. No, sir ; Mr. Tyrrell, we had to pay his expenses.
Q. When he came up?
A. Yes, sir.
Q. How much did you pay him?
A. We paid him $125.00.
Q. The balance of the $250.00?
A. The balance was sent to Mr. Ballinger.
Q. Do you know that LaFrambois mortgaged his place and sent $250.00
to Mr. Ballinger?
A. No, I do not think so.
Q. You never heard that he sent any?
A. I think he did.
Q. You have heard of it?
A. Yes.
Q. How much was that?
A. That was $250.00 that we raised for Mr. Ballinger.
Q. Then you raised $125.00 later for Mr. Tyrrell?
A. Yes, for his expenses.
Q. That money was raised by LaFrambois, the $250.00?
A. Yes.
Q. You do not know whether he mortgaged his place or not?
A. No, he had no real estate to mortgage. He had friends and raised the
money.
Q. So that makes $375.00 the tribe has raised altogether?
A. Yes.
Q. When was the money sent to Mr. Ballinger?
A. Just before you came up the other time.
Q. It has been supposed, Mr. Prickett, that a law firm of Tyrrell &
Ballinger are attorneys before the Court of Claims for Mr. Cook in pressing
his claim against the Menominee Indians before the Court of Claims. Is
that true?
A. I do not think it.
Mr. Ayer :
Q. What reason have you for not thinking that Mr. Tyrrell and Mr.
Ballinger represent Mr. Cook in his claim for $32,000 and $100,000 damages
before the Court of Claims in Washington?
42
Mr. Prickett:
A. This, Tyrrell would not accept his claim because it was turned down
here before they took up them other cases. That is how I came to know it.
Q. Has Tyrrell told you or any Indians in your presence that he had
nothing to do with it?
A. Yes, sir ; he said so.
Q. He told the Indians so in your presence?
A. Yes, sir.
Q. Do you think he is attorney of some of the Indian claims on the same
job?
A. Yes, sir.
Q. You feel very sure that Mr. Tyrrell and Mr. Ballinger have nothing to
do with the Cook claim before the Court in Washington?
A. Yes, sir. I am sure.
EXHIBIT 8.
Report of Mr. Edward E. Ayer's interview with Mr. Louis
LaFrambois, at Menominee Indian Reservation, Neopit, Wiscon-
sin, December 1, 1913.
Mr. Ayer:
Q. I have come up here and I find a great deal of dissatisfaction. Now
what's the matter with you?
LaFrambois :
A. Mr. Ayer, I came here a few months before Mr. Nicholson. At one
time there was an engineer here, who was discharged. This Indian who
was discharged wanted me to write Senator LaFollette, and in my letter I
told the Senator that some of the people here were well capable of being
camp foremen. I told him I was also a good fireman, that I could go into
any plant as a good scientific fireman.
Here Mr. LaFrambois presented a copy of Mr. Nicholson's report against
him.
Mr. Ayer :
Q. I want to find out what you know about this place. You have worked
around here for three years?
LaFrambois :
A. Yes.
Q. Have you worked in other mills?
A. Yes, sir.
Q. Are you familiar with the conditions in other mills, with the dirt
around the mills, etc.? How does this compare in cleanliness around the
town, in the camps, in the planing mill, around the yard, in the warehouse,
etc., with other mills?
A. I have been here since the lumber began to be piled and it was never
clean until this fall.
43
Q. Do you consider the breakage around here excessive?
A. Yes; I do.
Q. Now, around the mills and the supply department, isn't it as clean as
you usually find?
A. Yes, sir ; they are in good shape.
Q. Do you know how many Indians have been employed here during the
past year?
A. No.
Q. 271 have been employed permanently by the mill every day of the
year, on the average. Don't you think this was a good portion of the 480
able-bodied men in the tribe?
A. They could have got more. We have had men here who were as good
carriage riders as white men, but they could not see any prospect of ad-
vancement and so they quit.
Q. What were they getting?
A. $2.25 a day.
Q. Do you think it was wise for them to throw up a job when they were
getting this salary — $60 a month?
A. Well, Mr. Ayer, carriage riding is very hard work and when they
saw they could not be advanced they simply quit and went at other work.
Mr. Ayer :
Q. Have you any other grievance yourself, personally?
LaFrambois :
A. No. My grievance is that I am a good fireman and have had a lot of
experience.
Q. Well, did you ever quit a job because they would not make you
engineer?
A. No, I did not.
Q, And still you think these men who quit had a grievance? Don't you
know that this is a business proposition here, that they have to make this
mill pay?
A. Mr. Ayer, when I came here my ambition was to become an engineer,
but I feel that I never could. I wanted to be, in my old age, an engineer
and take care of everything. I know I could learn these things, but I never
get a chance. My future is going to look just as black as the blackest
depths of hell just as long as I stay here and there is no change. My wife
likes this place here, but if this man stays here I am going to break up my
happy home and go away.
Q. How many children have you?
A. I have seven children.
Here Mr. Ayer advised LaFrambois not to carry out his intention, to alter
his point of view, telling him never to quit a job until he had another, and
never to refuse a job.
LaFrambois :
I have been a woodsman for twenty years and yet a man comes here for
twenty minutes and tells me I don't know anything about it.
And I want you to put this down, too — that I have been a citizen of the
United States and voting for 21 years !
EXHIBIT 8A.
Copy of letter from Mr. Louis D. LaFrambois to Mr. D. F.
Tyrrell, attorney, dated Neopit, Wisconsin, December, 1913.
NEOPIT, Wis., Dec., 1913.
Mr. D. F. TYRRELL.
Sir : I find in the interview with Mr. Ayer on Dec. 1, 1913, are not as I
worded the facts to him. I suppose it is due to the fact he had so much to
do in such a short space of time, he also failed to take anything that might
be damaging to Mr. Nicholson. 1 do not understand how this can be, as Mr.
Ayer assured me he was my friend. I am not saying he is not my friend,
but he is not a lover of fair play. I did not tell Mr. Ayer that I wrote to
Mr. La Follette and told him I was a scientific fireman. I told Mr. Ayer
himself that I had done scientific firing, that is the way us firemen term it
when we test coal.
He failed to state that I showed him recommendations from very reliable
people to show that I had been a lumberman for over twenty years, also a
letter to show I was chief fireman for the Menominee River Sugar Company
at one time. Now the Menominee Sugar Beet factory is one of the largest
of its kind in the world. He also failed to say anything in regards to Mr.
Nicholson's report against me. It showed Mr. Ayer very plain that Mr.
Nicholson's report was a pure fabrication manufactured to suit his own
purpose. I also told Mr. Ayer I did not quit the sugar factory because they
did not make me chief engineer for the simple reason the Menominee River
sugar factory is not owned by the Menominee Indians ; they were not
obliged to make me an engineer; but this plant here at Neopit was built here
to educate us, but the opportunities to learn are denied us. I did not tell
Mr. Ayer I was going to break up my home, but I told him this : if Mr.
Nicholson stays here, a lot of us Indians will have to leave the reservation.
My wife likes it very well here and that he, Mr. Nicholson, might be the
cause of breaking up one happy home.
I said, Mr. Ayer, do you know that Dr. Dixon made a statement at Green
Bay, Wisconsin, to the effect that he found the Indians actually starving on
some of the reservations? Mr. Ayer said he did not read the statement.
Well, I said, such conditions exist right on this reservation, that a lot of
Indians might die of starvation if Mr. Nicholson stayed any longer.
Now, we will come to the engineering question. Mr. Ayer told me a man
had to be a machinist before he could become an engineer. I told him I
was no mechanic but this plant being built here for the Indians I thought
they ought to overlook a few things and give me a chance as we had a very
good mechanic here in the shop who could help me. I then told him of my
family, how I loved my little ones just as he did his, that if I got a position
that paid fair wages I could take better care of my little ones, that I was
getting along in years and felt that I was entitled to it.
Question. Mr. Ayer, I have showed you that I am a lumberman, have been
one for over twenty years.
Answer. You have showed me you are a first-class lumberman, also a
first-class fireman.
I've showed you I have been a lumberman for twenty years. Now there
is men who will come here who are not able to show and cannot show
45
to-day where they had been lumbermen for twenty minutes before coming
here, yet these men will tell me I do not know what I am talking about.
Now when those logging cars were first brought here, I helped to put them
together. It did not require skilled labor. There was two of us engaged
in the work. The only difference between us was this : I was a better man
than he was, meaning the man I was working with. He got two dollars per
day while I got $1.50 per day doing the same work.
Mr. Ayer did not like this kind of treatment and he asked if this was
done under the present administration. I told him it was under Mr Nichol-
son's administration. This was omitted. How about the lumber yard. I told
him I was sure the yard never was cleaned till this fall and told him I
could swear to that ; I told I could get other men here who would also
swear to the same thing. Mr. Ayer said I will take your word for it.
This is what took place to the best of my knowledge.
I will say further that the men who are employed here as engineers are
not machinists by any means. I know myself that this man Bently who is
running the big engine here in the mill was carrying wrenches for a steam-
fitter when this mill was built. Now if I was an engineer I do not think
I would be around helping a steamfitter for a couple of dollars per day
when I could be running an engine somewhere for twice as much money
than what he was getting, but you see if an Indian asks for such jobs he
has to be a very competent man or he don't get the job.
Now concerning the woods work here is where we are the heavy losers.
I am one man that would not be a camp foreman under the present admin-
istration because those people does not know how to log, their method of
logging is very expensive. I believe I could go up here to Camp No. 18 and
save this tribe of Indians anywhere from one to five thousand dollars, just
in this winter's work. I am not talking for a job as logging superintendent,
but I say if I was logging superintendent I could do that and do it easy.
Now there is a man here who was riding carriage here in the mill. He is
a Frenchman. Now the sawyer is a Frenchman also. This carriage rider
buys this sawyer a five-dollar hat to let him set for him. What is the result?
He gets the job not because he is capable, but because he buys this five-dollar
hat. This is just to show how much chance an Indian has here. I told Mr.
Ayer I was a voter and had been for 22 years and not 21 years as he has it.
This was to show we are not all ignorant savages as we are sometimes
painted.
Louis D. LAFRAMBOIS.
EXHIBIT 8B.
Copy of letter from Louis LaFrambois to Mr. Edward E. Ayer,
dated Neopit, Wisconsin, December 17th, 1913.
NEOPIT, Dec. 17, 1913.
EDWARD E. AYER,
Chicago, 111.
Dear Sir :
Just received your letter of recent date, stating you was in receipt of a
letter telling you I had mortgaged some property in Marinette to raise $200.00
to send to Mr. Ballinger at Washington, D. C. It seems you want to protect
46
my interests, does it not? Mr. Ayer, I told you once before I had a lot of
respect for old age. and I tell you again. Now. Mr. Ayer. don't you think it
would have been better if you had looked up records and find out those things
before you said anything about it? Mr. Ayer, you made a statement at
Keshena that I had mortgaged property to raise money to send to Mr. Bal-
linger. Now you did me a great injustice for saying things you absolutely
knew nothing about.
I gave you my hand when you told me you was my friend, but you have
proven it to my entire satisfaction you are not my friend. Now, if you are
my friend please let me know who wrote you such a letter. If you want to
be my friend and want to protect my interests, have this man Nicholson
removed at once. Then we will think you are the grandest old man that
ever lived.
Respectfully yours,
LOUIS D. LAPRAMBOIS,
Neopit, Wis.
EXHIBIT 9.
Report of Mr. Edward E. Ayer's interview with Mr. T. J. Tur-
ney, sawyer, at Menominee Indian Reservation, Neopit, Wis-
consin, November 30th, 1913.
»"•"'• " ft .' .~^-\ • *
Mr. Turney was presented to Mr. Ayer by Mr. D. F. Tyrrell, attorney, and
was interviewed in the presence of Mr. Tyrrell.
Mr. Ayer :
Q. Are you working at the mill now?
Mr. Turney:
A. No; I am in the woods now. I used to be the head sawyer until the
4th of October.
Mr. Ayer :
Q. Mr. Turney, I wish you would outline, in a general way, what you think
is the trouble around here.
Mr. Turney:
A. The principal trouble has been with the mill, that there has been nobody
looking after it. We would try our best to get anything that went wrong
in the mill fixed, but without success. Now, one time our lubricator went
wrong and I called the millwright's attention to it, but at 10.45 they went out
to dinner without replying. I found Mr. Adams then and told him my
trouble, but still nothing was done between that time and noon, and so I cut
only 500, and I should have cut somewhere from eight to nine thousand.
Another thing that has been wrong is the resaw. A resaw is supposed
to cut rough stock. Now, the way this one is fixed it splits in the center.
You have to take off the slab and the 2-inch board and the 2-inch plank.
They have been experimenting with this resaw ever since I have been here,
and I guess they always will be.
Mr. Ayer :
Q. Now, in regard to this resaw and this breaking down, how long have
you sawed in this mill?
47
Mr. Turney:
A. Four years the later part of this winter.
Q. Has this occurred before, that is, the break downs not attended to
promptly?
A. Yes. And the entire force of millwrights after 10.45 do not pretend
to do anything; they get ready to go to dinner. The proper way is to go
at 11.00 and leave the mill running alone until they get back again.
Q. What time do they return?
A. Well, they generally go down to the blacksmith shop and sit around
until the 12 o'clock whistle blows, and then they go into the mill.
Q. Then between 11 and 12 there are not any millwrights in the mill?
A. No.
Mr. Turney:
Last Fall when they shut down the lumber was being spoiled. Mr. Adams
sent to Prescott's for a man to fix the set works. So we got a man down
here to repair them. When he came he found that Mr. Adams had removed
what he considered the king pin of the set works, what he calls the cushion.
Mr. Adams told me to go with this man and watch him to see that the set
works were fixed. A fellow stayed here about four days and all he had
to do was to put back on what they had taken off.
Mr. Ayer :
Q. Did they then work all right?
Mr. Turney:
A. Yes.
Q. How long, had they been running badly?
A. A full season; a year.
Mr. Turney:
Just before we shut down for the Fourth of July Mr. Adams notified me
that the sawyers would not do any repairing. So consequently we kept away
from the mill for ten days, and when we came back we found the carriage
in the most ridiculous shape and consequently we couldn't move a truck on
the carriage. Well, after we got the carriage adjusted we found the head
blocks were lJ/£ inches away from the saws. The dogs here have never been
taken care of. One would get bent and they would come out and bend it
back cold, which would make it like a letter S. Mr. Adams let this go eight
days one time before this was fixed at all.
It would be safe to say that 60% of the last two plank went on the slabs
to the slasher, and whether they were cut for lathe or went to the burner
I don't know.
Mr. Turney:
To go back to the resaw. This can do nothing but split in the center.
Now if we had a bill for 3xGs, 3x8s or 3xl2s, this resaw is supposed to
cut up anything from 14 inches down, but you cannot cut 3-inch.
Mr. Ayer :
That is the fault of the type of resaw that they have.
Mr. Turney:
No. It is the fault of the remodeling that Mr. Adams did.
48
EXHIBIT 10.
Report of Mr. Edward E. Ayer's interview with Mr. Theo.
LaPorte and Mr. Ed. LaPorte, sawyers, Menominee Indian Res-
ervation, Neopit, Wisconsin, December 1, 1913. Mr. Theo.
LaPorte speaking, and expressing the views of both.
Mr. Ayer:
Q. Are you connected with the mill?
Theo. LaPorte:
A. Yes, sir, I am one of the sawyers.
Q. What has been the general condition of the mill for the past year, as
far as its adaptability to saw good lumber and everything of that kind.
A. Well, sir, in general I think the conditions of the mill have been up to
the standard, and as to the mill manufacturing lumber as other mills, I
think it -has been as good as any of them.
Q. Which side have you sawed on? Who was your other sawyer?
A. D. C. Moyer.
Q. Does he feel about the same as you do?
A. Yes, sir.
Q. Do you think if any bad lumber comes through that the machinery of
the mill has been to blame?
A. That's just about the way it has been. The machinery has been out
of order, but just for a short time.
Q. And when you reported anything wrong with the carriage or dogs or
anything, it has been attended to in a reasonable time?
A. Yes, sir.
Q. Do you pay any attention to the grade of lumber that comes out of
certain logs ?
A. Yes, sir, we do ; that is our business.
Q. Now, in sawing a log of say, 500 feet, what would it make?
' A. Well, it isn't our business so much to figure out what the log will
make, but to go after the grades.
Q. Well, what percentage of say B and A boards do you get out of a white
pine log?
A. Probably one-third, — of the higher grades.
Q. Are there any logs here that will run more than one-third of the two
best grades, — B and up
A. Well, sometimes we can cut as low down as D-select and better.
Q. But, taking 150 of the best logs that come out, the average would be
how much?
A. I think we ought to get, on an average, right straight through, 25
per cent of D and better.
Q. Would there be very much culls?
A. Why, no; very few.
Mr. Ayer:
Q. Did you have any difficulty, the last six months before you shut down?
Theo. LaPorte:
A. No, sir.
49
Q. The machinery was satisfactory, and everything attended to at the
proper time?
A. Yes, sir.
Q. And you have run opposite Mr. Turney for his last six months in the
mill and you find his machinery was all right and everything, and that there
was nothing the matter on account of the mill being inadequate?
A. Oh, no, sir. (Meaning the mill was not inadequate.)
EXHIBIT 11.
Summary of detailed report of Mr. J. P. Kinney, Supervisor of
Forests, in the employ of U. S. Government, dated December 10th,
1913.
December 10, 1913.
MY DEAR MR. AVER:
In my report of December 5th, 1913, to you, regarding the lumbering
operation conducted by the Indian Service at Neopit on the Menominee
Indian Reservation in Wisconsin, I gave you in detail the most faithful
word picture that I could of the conditions as I actually found them during
an investigation extending over the four days, November 29th to December
2d, 1913, inclusive. I thought it advisable to put into permanent form a
statement of the facts as presented to us by the Indians and purposely
avoided an expression of my personal opinions upon the situation, except so
far as was necessary in order to give you a clear view of the "setting" of
particular occurrences in the woods and of the general impression which, as
it seemed to me, those occurrences would make upon any one. That is, I
aimed to confine myself as much as possible to the function of a witness
and to present facts from which you could draw conclusions. In compliance
with your subsequent request, I shall now express briefly my own conclu-
sions as to what I found at Neopit. I shall discuss the woods end of the
operation chiefly, for I have as yet had but limited opportunity to investigate
conditions at the mill and I know that you were able to make a personal
examination of conditions in the mill and lumber yard.
Prior to the autumn of 1910 all logging under the Act of March 28, 1908
(35 Stat. L., 51), had been conducted in the area west of Neopit along the
branch line of the Wisconsin Northern Railroad and in a small area near
the main line of this railroad at the southern border of the reservation.
The year 1910 was one of exceptional drought and severe forest fires. In
the late summer or autumn of that year a fire burned about 50,000,000 feet
of timber in parts of Sections 24 and 36 of Township 30 North, Range 14
East, and Sections 19, 20, 29, 30 and 31 of Township 30 North, Range 14
East. The larger part of this timber was white pine. It was of course
recognized that the worms would seriously injure this timber if it were not
logged within two years. Very late in the fall of 1910 work was begun on a
logging railroad which connected with the Wisconsin Northern near the
center of Section 33, T. 30 N., R. 14 E., and extended in an easterly direc-
tion to the burned area.
Logging operations during the following two years were confined almost
exclusively to the timber which had been burned. In the fall of 1910 three
50
Camps, 11, 12A and 14 were built in the burned district. These camps di-
rected their efforts chiefly toward the saving of the white pine which had
been burned. Over 15,000,000 feet of pine were cut and decked. As soon
as the railroad could be completed in the spring of 1911 the hauling of these
logs to the mill began. Fortunately no fire occurred in the summer of 1911
and the burned pine was brought to the mill and manufactured at a satis-
factory profit.
The only really serious waste of timber in the woods to which our atten-
tion was directed consisted of the white and Norway pine logs which were
not taken out from a part of the area logged in 1910-11. As I have said in
my report of December 5th, the leaving of white pine logs of the quality
which we found seems entirely inexcusable, but when consideration is gives
to the very unusual conditions which existed there at the time, it is easy to
understand how the Supt. of Logging then in charge might have become
somewhat indifferent to the aim of clean logging, his effort being to make
every stroke of work count in the accomplishment of the big things in hand.
I do not wish to be understood as condoning or palliating the failure of
the management to pick up valuable pine logs lying near the railroads and
sleigh roads, but I am presenting the above facts as a reasonable explana-
tion of why results were as we found them. It must be admitted that Mr.
C. H. Woodcock, the superintendent of logging, worked with tremendous
energy and that whatever his faults and mistakes may have been, he suc-
ceeded in bringing the logs from the Evergreen District to the Menominee
Mills at Neopit at an exceptionally low figure. The cost of logs in the pond
at Neopit cut during the year 1910 to 1912 inclusive, in the Evergreen Dis-
trict, was from $1.00 to $2.00 less than the cost of logs under similar condi-
tions at other mills in Wisconsin.
The greater portion of the timber cut in 1911-12 consisted of hemlock
(22,000,000 feet). The leaving of burned hemlock uncut within the area of
logging operations of 1910-1911 and 1911-12 was pointed out by the Indians
as particularly representative of mismanagement, As I have observed in
my report of December 5th, the hemlock market in the autumn of 1910 gave
promise of a margin of only 66 cents per thousand in the manufacture of
hemlock lumber and this $.66 must cover both stumpage and profit. The
amount realized for both stumpage and profit on hemlock sold during the
period October 1, 1911, to September 30, 1912, was only $1.56. The cost of
manufacturing this lumber was not above the average cost at other mills of
the same grade in the State of Wisconsin. Clearly the management made
no mistake in devoting its chief energies toward the saving of pine rather
than hemlock, and the enormous loss which has been alleged through the
leaving of the less accessible hemlock and that of poorer quality, never, in
fact, occurred.
The cedar cut by Paul Tebeau and left in the woods was within the log-
ging area of 1911-12. This operation looks bad. The loss in stumpage value
there was not serious, but the amount expended by the mills in "staking"
the Indian contractor, Tebeau, in this fizzling attempt to cut and land cedar
was a clear loss. It is hard to fix responsibility in such a case as this. I
don't feel that it is just to criticise Mr. Nicholson too harshly for disastrous
results which flowed from an attempt on his part to encourage an Indian in
industry.
Aside from the leaving pf pine, hemlock and cedar in 1910-11 and 1911-12,
61
no evidence of waste or mismanagement of any serious consequence was
presented, except the leaving of unpeeled pine logs in the woods during the
summer of 1913 from the square timber operation and other cutting of
1912-13. The number of such logs was not large. I should judge the whole
amount thus left would not exceed 20,000 feet. At a stumpage of $11.00
per M, this timber has a value of $220.00. Even if these logs be given a
stumpage value double this amount the value is not of great relative im-
portance in connection with a lumbering plant logging 30,000,000 feet a year.
I have no hesitation in asserting that the stumpage value of these particular
logs for sawing into timber at Neopit, or at any other mill was less than
$20.00 per M. For the sake of argument let us put the value at $20.00 per
M. This gives a value of $400.00 to all that was left. The depreciation
could not possibly be placed above 10 per cent, or $40.00. Is not this a
mere bagatelle compared with the loss of time and cash which have been
expended by the Indians in an unwise and misdirected attempt to make the
little hill of non-feasance appear a mountain of mal-f easance ?
I am sincerely thankful that the Indians observed the mistake that had
been made and that they desire to direct attention to it, I cannot escape
the conviction that if all of them had been perfectly honest and possessed
of a really helpful public spirit the matter would have been reported to
Supt. Nicholson and probably corrected. And it is but just that I should
say that in my opinion more things of this character would be reported to
Mr. Nicholson if his attitude toward the Indians and his employees were
less reserved. If Mr. Nicholson were more approachable possibly there
would be less tendency on the part of the Indians to confide their imperfect
knowledge and fancied wrongs to persons having a limited and biased per-
spective of affairs upon the reservation.
When sifted, the charges of waste and loss in connection with the cutting
of white pine and rock elm timbers were found to be of little substance.
The slabs taken from the pine timbers had been paid for. An exceptionally
high price had been received for the pine taken, No man with any accurate
knowledge of the market value of white pine and rock elm timber in Wis-
consin would think of charging that the Indians were suffering a loss through
the sale of the hewn white pine and rock elm.
During the thirteen months, from September 1, 1911, to September 30th,
1912, the Menominee Indian Mills sold 11,717,870 feet of white pine at an
average price of $24.62 per M. I believe it fair to assume that substantially
representative quantities of the different grades that the Menominee white
pine will cut out were included in the amount then sold. That was the
year when the large cut of pine made in 1910-11 was sold. The average
cost of all lumber loaded in the car for shipment without stumpage was
shown by the Neopit books for the year ending September 30, 1912, to be
$9.72 without stumpage. This shows $14.90 for stumpage and profit com-
bined. The cost of manufacturing pine is somewhat less than the average
for all species. Let us assume that the cost of manufacturing pine was
only $9.00. This would leave $15.62 for stumpage and profit. The prices
of white pine in general have not advanced since September 30, 1912. White
pine B select and better is quoted today by the standard Minneapolis price
list at $72.00 per M for 2-inch stock. Very small quantities may be obtained
by careful selection which will bring as high as $85.00 when sawn in especially
thick plank. However, the greater part of the higher grade output of
mills manufacturing northern white pine is sold as C select and better.
52
The highest quotation on this is $65.00 per M for 2-inch stock. Now the
sort of timber which is taken by Mr. Kemnitz under his hewn timber con-
tracts would not saw out more than 30 per cent of C select and better.
The other 70 per cent would fall into lower grades and part of it would
need to be sold in the form of sawn lumber for as low as $35 or even $25
per M. As the timber which was cut by Mr. Kemnitz in the spring of 1913
was sold at $70 per M stumpage for all he took, including the slabs which
he hewed off, I am at a loss to understand how anyone with ordinary intel-
ligence and sincerity of purpose can assert that the Indians suffered a loss
because this pine was not brought to the mill and manufactured. Should
it be suggested that the pine could have been cut into logs and sold for manu-
facture outside the Reservation, I venture to assert that the logs which
Kemnitz took in 16-foot lengths on cars could not have been sold for $35.00
per M, or one-half what was received for them without the cost of logging.
Furthermore, the logging could not be done on this timber as cheaply as on
the pine logged in 1910-11.
Let us discuss rock elm for a moment. The mill run value of the rock
elm sawn into lumber and sold at Neopit in the fiscal year 1912-13 was
$18.84 per M. The average cost of manufacture during that period was
$10.16. Over two-thirds of the entire cut was hemlock, and the cost of
manufacture on rock elm alone was probably at least $11.50 per M. This
leaves $7.34 for both stumpage and profit. Careful computation at Neopit
has shown that the sale value of 1,000 feet B. M. rock elm at 47 cents per
cubic ft. of hewn timber is $31.82. If we deduct from this $31.82 a charge
of $2.00 to help wipe out the book charge for railroad construction, over-
head expense, etc., which must be met by all stumpage cut on the reserva-
tion, we have $29.82 as the actual amount per M realized for stumpage and
profit on rock elm sold for hewn export timbers. That is, the net amount
realized per M on the elm used for hewn timber is more than $20 per M
higher than the amount which can be realized through the manufacture of
the same timber into lumber.
Very respectfully,
J. P. KINNEY,
Supervisor of Forests.
HON. E. E. AVER,
Railway Exchange Bldg.,
Chicago, Illinois.
EXHIBIT 11A.
Supplementary report of Mr. J. P. Kinney, Supervisor of For-
ests, in the employ of U. S. Government, dated December 16th,
1913.
Answering Mr. Edward E. Ayer's question in letter of December 8th,
1913, "What percentage of the merchantable timber left in the woods in the
last three years will still be able to be taken to the mill?"
DECEMBER 16, 1913.
MY DEAR MR. AYER:
Your letter of December 8th wa.s forwarded to me from Washington and
received yesterday,
53
The total amount of logs left in the woods at Neopit during the past
three years, which came to my attention, would not exceed 100,000 feet. I
should say that at least two-thirds of this timber can be brought to the mill
so as to realize a profit upon it. Thus the actual amount of these logs that
cannot profitably be saved will be 25,000 to 30,000 feet board measure.
There were doubtless some logs left which I did not see, but as we cov-
ered a large part of the operations of the last three years, and traveled over
large areas where all logs were picked up at the time of the original logging,
I feel that we saw nearly all of the waste.
The amount of fire killed hemlock left standing, which will not be logged
this year and which could have been handled at an advantage from the
camps previously established, would not, in my judgment, exceed 250,000 feet.
Respectfully,
J. P. KINNEY,
Supervisor of Forests.
Hon. E. E. AVER,
Chicago, 111.
EXHIBIT 11B.
Copy of report of Mr. J. P. Kinney, Supervisor of Forests, in
the employ of U. S. Government, dated December 5th, 1913.
DECEMBER 5, 1913.
Hon. EDWARD E. AVER,
Member of Board of Indian Com'rs,
Railway Exchange, Chicago.
MY DEAR MR. AYER:
I submit a report upon my examination of logging conditions on the
Menominee Indian Reservation in accordance with your request and the
instructions of the Commissioner of Indian Affairs.
I reached Neopit on the morning of Saturday, November 29, 1913, and
after being introduced to you by Superintendent Nicholson left immediately
for the woods on a logging train. The party with which I spent the day con-
sisted of the following persons :
Mr. Philip Smith,
Mr. L. P. Holland,
Mr. D. F. Tyrrell,
Mr. A. S. Nicholson, Supt. of the Reservation ;
Mr. Ernest J. Brigham, Supt. of Logging on the Reservation ;
Mr. Lincoln Crowell, Deputy Supervisor of Forests on the Reservation ;
Mr. Louis LaFrambois, an enrolled Menominee Indian;
Mr. Reginald Oshkosh,
Mr. Simon Beauprey,
Mr. Adolph Amour,
Mr. Paul Tebeau, "
Mr. Thomas Prickett,
Mr. Robert Sanapaw,
54
Mr. Mitchell Waukaw,
Mr. Joseph Longley,
Mr. Mitchell Komanekin,
Mr.J. P. Kinney.
The logging train was placed at the disposal of the Indians in order that
they might have the fullest freedom to show us the things of which they
had complained. Mr. D. F. Tyrrell, who told me his home was in Gillette,
Wisconsin, and that he practiced law there, appeared deeply interested in the
examination of the works, and apparently had held, previous conferences
with the Indians as to matters complained of. He said he had been upon
the Reservation before and had been over a large part of the past opera-
tions. So far as I know Mr. Tyrrell was in no way the accredited repre-
sentative to the Indians and was upon the Reservation by the courtesy of
the Superintendent; but as he manifested such interest in the matters which
the Indians desired to bring to our attention the greatest deference was
shown to him in the way of an investigation of every instance of misman-
agement or waste which he himself offered to show.
The logging train first ran into a spur on Section 17, T. 29 N. R. 14 E.,
half way to Camp 12 from Neopit. Here Louis LaFrambois and Mr. Tyrrell
took the lead in crkicism of the manner in which logging was being con-
ducted, and as to the deterioration which had occurred in three white pine
logs that had been cut last spring or summer and had not been skidded
until recently. These logs had not been peeled and the worms had worked
in them. There was a difference of opinion as to the amount of damage that
had been done. I asked that one log be scaled full and then scaled inside of
the sap. Its full scale was 370 feet; the scale inside of sap, 280 feet, a dif-
ference of 90 feet. Some of the Indians and Mr. Tyrrell insisted all of the
sap was practically worthless as compared with the value it would have had
if it had not summered on the ground. There can be no doubt that the logs
had deteriorated to some extent. They should have been peeled. The expla-
nation by Mr. Nicholson that they knew they would get the logs this winter
was not satisfactory. These logs were within two miles of Neopit, either
the trees should not have been cut or else such supervision should have been
exercised that they would not have been overlooked and allowed to lie
through the Summer, especially with the bark on.
The objection to the manner of logging was that logs which had been
decked this Autumn a short distance from the railroad spur, should have
been left on the ground and skidded directly to the track when hauling began,
or skidded to the track and decked there at first. Mr. LaFrambois and Mr.
Tyrrell declared that there would now be a double decking expense because
the logs would be sleigh hauled to the track and decked again. The distance
to the nearest deck of logs was found by Mr. Crowell to be 75 paces, or
150 steps, about 400 feet. Obviously this was a very short sleigh haul if the
logs were to be again decked.
To a query whether he intended to deck these logs again Mr. Brigham
replied : "Certainly not ; we shall load directly to the cars from the sleighs."
When pressed as to what objection they had in view of this, Mr. Tyrrell
and the Indians refused to accept Brigham's statement and said it had been
customary on the Neopit operation to do the duplicate decking of which they
complained. Although Mr. Nicholson said it had not been the custom, the
Indians insisted it had and I asked them to take us to some place where
55
this had been done. They eagerly agreed to do this, dependence being
placed upon Samuel LaFrambois to take us to one of the flagrant errors
in this line. When we boarded the train, Samuel took us to the site of a
large landing used at Camp 15 in the season of 1912-13, and declared this to
be a place which showed the condemned practice. This was in the NW/SW
of Section 10, 29, 14. Careful questioning developed the fact that Samuel
had himself skidded at this old landing and that what he objected to was the
unnecessary expense which had been incurred through skidding the logs for
a long distance directly to the track instead of decking them where found
and later sleigh hauling to the track. That is, this landing showed exactly
the opposite of what was required as evidence of the statements made by
the Indians at the landing first visited.
I am sure every man present realized fully when we left this place that
the evidence which had been offered disproved the previous allegations. I
wish to make it clear that I do not believe Samuel LaFrambois had any
purpose to deceive. He had simply misunderstood the situation, and in their
eagerness to find proof of their statements the others had not sufficiently
inquired into that which he expected to show. Nothing further was offered
through that day or on the two following days to show that the Indians had
suffered any loss through mistaken judgment on the part of the present or
the former superintendent of logging, or any camp foreman in the decking
of logs.
The Indians took us to a stick of hewn white pine timber which had not
been taken from the woods. This timber had been hewn under the Louis
W. Kemnitz contract for ship timber. The stump measured 31 inches in
diameter. The stick was not fully squared but had waney corners. The butt
end measured 25 inches from face to face, each way, and 31 inches across
from each waney corner to the diagonally opposite one. The stick was 38
feet long and the top measured 23l/2 inches from face to face one way, 24
inches the other way and 26 inches from one wane corner to another. It
was submitted as an exhibit of the great loss which the Indians were suf-
fering through the wasteful hewing and the leaving of timber by Kemnitz.
The stick bore the number 187 and other score marks which Mr. Crowell
said were the private marks of Kemnitz. Mr. Crowell said the stick had
been scaled and Mr. Nicholson told me it had been paid for. Since you left
Neopit, I have taken great pains to ascertain whether this stick was actually
scaled and paid for. I am forced to the conclusion that Mr. Nicholson was
mistaken. I find that Charles Duquaine, a Menominee Indian who was
sealer at Camp 15 last year declined to scale waney board pine timber on the
excuse that he did not understand how, and that Thomas Smith, a white
man who was sealer at Camp 14, came down to Camp 15 to scale the pine
timbers as they were loaded out by Kemnitz. Under this system the stick
would not be scaled unless Smith went to the woods and found it, and as
this was not his duty there is little reason to believe that it was scaled. I
had Mr. Smith interviewed and he said he did not remember getting the
scale of any stick at Camp 15 that was not loaded out.
We found another white pine tree which had evidently been cut by Kem-
nitz and had been left because it was not suitable for hewn timber. It had
been peeled, was a large tree and Mr. Prickett said he had previously scaled
it and found it to be 38 feet long and to contain 1,430 board feet. I should
judge these figures about right.
56
At Camp 15 on the NW/4 of 16-29-14 we found several dry pine logs
rolled up for cutting into fire wood, which contained some merchantable
lumber. This was bitterly denounced. We were all agreed that some fairly
good lumber could be made from two or three of the logs. They had all
come from one tree. Dan Hurley, the foreman of this camp, said he had
gone some distance to get this, dry wood being uncommon in that locality.
There were certainly extenuating circumstances. Mr. Reginald Oshkosh
said it had always been customary to use pine of this quality or better at
Indian logging camps. A certain amount of dry pine is necessary for build-
ing fires and cooking. I believe a mistake had been made but it was clearly
not a matter which merited the prominence given it. Mr. Tyrrell made par-
ticular objection to the quality of hardwood which had been hauled in for
wood. His remarks were, in my opinion, unwarranted. A cook cannot be
expected to use wet or rotten wood when preparing meals for 60 or 75 men
three times a day.
On the NW/SE of Section 10, 29, 14 we found quite a number of pine
logs left and one whole pine tree which had not been cut into logs. These
had been peeled. On the SW/SE of the same section 60 feet had been taken
from a pine tree for square timber. Mr. Tyrrell objected to the great waste
in slabs. As these pine timbers were all scaled from one waney corner to
another and in 16-foot lengths, through allowance for rise, and payment
was received for the full log scale contents of every stick taken, including
the material removed in the form of slab, the objection was entirely without
force.
On the SE/SW of Section 10 hemlock, hardwood and pine logs had been
left. The ground was low. Dan Hurley said that the logs were cut late last
spring and that an unexpected loss of snow and breaking up of frost pre-
vented the skidding of these logs in the spring. Mr. Crowell said he per-
sonally thought this to be the case. One pine tree over 3 feet at the butt
and measuring 83 feet from the butt to the broken top had been felled by
Kemnitz and left unsawn. No waste had yet resulted and it can be gotten
this winter. It was in connection with the discussion of the advisability
of cutting such pine as this that Mr. Tyrrell declared most positively that
such trees were growing at a high rate and that they were increasing rapidly
in value each year through growth alone.
He expressed the opinion that such a tree had averaged a ring of growth
y% inch wide each year throughout its life. As an inspection showed 35
annual rings in the last inch of growth and as the tree was undoubtedly
more than 225 years old and probably 300, the misunderstanding of Mr.
Tyrrell and the Indians as to the loss which was being occasioned through
the cutting of such pine was fully apparent. On the NE/SE of 10 and the
NW/SW of 11 were unpeeled pine logs. From one pine felled by Kemnitz
only 24 feet had been taken. The 12-foot butt log left scaled 530 feet
full, and 440 feet inside of sap. The merchantable top left measured 34
feet. These logs will be gotten this winter, but I entirely agree with the
Indians they should not have been left over summer in the woods.
I have made diligent inquiry as to the reason why these logs were left.
Mr. Kemnitz tells me that he was not advised as to the particular sections,
quarter sections or forties on which he was to cut pine timbers, but was
told to get them in the locality of the general logging operations and to
fell any pine from which he could probably obtain hewn timbers. It seems
57
to me it was the clear duty of the management to designate the areas from
which he was to cut and that the superintendent of logging should have kept
such check on the hewn timber operations as to have been able to pick up
practically all of these logs last season. As the greater part of the logs
and trees left by Kemnitz because of unsuitability for waney board timbers
have been peeled and practically all can be picked up this winter the loss of
thousands of dollars which the Indians allege is not apparent.
However, there is abundant evidence of a lack of care. The fault is
inexcusable. In my opinion the blame lies primarily upon Mr. Charles
Woodcock, the former superintendent of logging, but 1 cannot excuse
Superintendent Nicholson. Certainly the relationships of Indians and Indian
Service employees on this reservation should have been such that condi-
tions of this sort, known to many persons, should not have been permitted
to continue unremedied.
We visited the area cut from camp 11 which was located in NE/NW of
Section 31, T. 30, N. R. 15 E. This camp was built in November, 1910, after
the big Evergreen fire and was used two years. Here we observed a good
white pine log 18 feet long right beside the track, and only a short haul away,
2 whole trees each containing more than 60 lineal feet of merchantable length,
14 large white pine logs and 1 squared timber 40 feet in length on the
SW/NE of 36-30-14. These were said to have been cut the spring of
1913 and had that appearance. They were not peeled and it will now be
necessary to haul them to camp 17, about one mile distant. The SW/4 of
Section 31-30-15 was logged in 1911. Some logs were left here and mer-
chantable dead pine left standing. Some of the dead pine which was here
pointed out by Mr. Tyrrell as constituting great waste had evidently been
burned after an old logging operation and had been dead 10 or 15 years. In
this connection it seems to me proper to observe that Mr. TyrrelPs position
was quite inconsistent in that he magnified greatly the loss through worm
damage to green pine logs which had lain but a few months and yet main-
tained that the language of a mill man, who had told him that any pine
board which would hold together was worth sawing, must be accepted
literally. Here night came upon us and we took the train to Neopit.
On Sunday morning we again took the logging train to the woods. One
or two Indians remained at Neopit and two or three others joined us
including Thomas LaBell and Mose Kitson. We first inspected a railroad
fill on the SW/NE of Section 10-29-14. The fill was 13 feet or over, and
the cut at each side of the fill about six feet. Merchantable hemlock and
hardwood logs had been used in the fill. Mr. Tyrrell argued that unmer-
chantable and decayed logs which could be obtained in that locality, should
have been used for the fill. Mr. Prickett said more dirt should have been
used and declared the greater part of the dirt from the cut had been hauled
away. Yet he admitted he had no personal knowledge of where it had
been taken or whether any actually had been hauled away. His statements
in this matter were absolutely worthless as evidence. Any one at all fa-
miliar with logging road construction would appreciate the utter folly of
Mr. Tyrrell's proposition that a heavy fill of this character on a main line
logging road where a 50-ton locomotive was used should be built largely
of unsound logs and wood trash.
On Section 31-30-15 near quarter corner of Section 30 and 31 we found a
dozen good pine logs and on the NE/NW of 31 a culvert timber. In Section
30, near the line of Section 31, were a dozen white pine logs lying in a
58
•
swamp for a railroad grade. In the NE/NW of Section 1, SW of camp 11
(Walter Quick, foreman), were 21 hemlock logs and 8 pine logs cut in
1910-11. Between camp 11 and the railroad track, 300 feet apart, we found
10 good quality white pine logs.
I have no doubt there were pine logs left which I did not see and many
hemlock trees were left standing besides the logs left. Mose Kitson took
us to a log and dirt railroad bridge and fill on the NW/4 of Section 31-30-15.
Kitson said 4 men (including himself) and one team worked two days
cutting and skidding logs for this fill. Mr. Peterson, who had charge of
this work, said about 12,000 feet were put in there; only one pine log. I
am inclined to believe the fill could not have been more cheaply made.
Mr. Tyrrell declared that this was a locality which he had particularly in
mind in his statement, that thousands of dollars worth of timber had been
wasted.
The logging railroad grade beyond camp 11 as constructed in 1910, fol-
lowed a small creek for about y2 mile through low ground. It appears that
after the first year's logging was completed a cut-off was made skirting the
slope of a hill. The length of the cut-off was not over ^ of a mile. On
the cut-off it was necessary to remove loose dirt and stones a depth of 3 ft.
to 8 ft. for a distance of 550 or 600 feet. The average depth of the cut was
placed at 4 feet. John Peterson, assistant superintendent of logging, said the
cut-off was built in June, 1912, to bring out the logs from camp 12B located
in the NE/SW of Section 20-30-15. This cut was shown as an exhibit of
a useless expenditure of Indian funds in the relocation of a railroad grade.
Mr. Peterson told me that the expense of upkeep on the old road bed was
very heavy because of its location in low ground and its many curves, that
the cut-off was built so as to get a good roadbed for the hauling of heavy
trains of logs. He thought the expense justified. To quite an extent his
explanation was plausible in view of the condition there. The cost of the
cut probably was not very heavy. Supt. Nicholson remained at Neopit
Sunday. He later explained that this cut-off was built as a passing track
for trains. This explanation also seemed plausible.
I regret to say that the conflicting explanations of Mr. Nicholson and Mr.
Peterson left me in some doubt as to just why the cut-off was made. As
a test to Mr. Peterson's memory and as a check against his having failed to
remember all circumstances while talking with me I called him on the
'phone later and requested a restatement from him as to why this cut-off was
made. He gave the sole reason as the need of a better track, saying that
only 5 or 6 cars could be brought over the swamp location and that they
wished to bring 12 cars direct in, past this point, from camp 12B. He said
positively and repeatedly that the rails from the old grade were placed on
the cut-off. I am convinced Mr. Nicholson is mistaken as to the "passing
track" proposition. I am not prepared to say that the making of the new
grade was an unnecessary expense.
The logs which Tom LaBell cut on the east side of railroad NW/SE of
Section 32-30-15 in 1912 were hauled to a landing alongside this cut-off.
LaBell used Camp 11. He said the rails beyond the cut-off and on the old
circuitous grade had been taken up before that time. Mr. Tyrrell had
pointed out hemlock ties, which had been laid as a travel bed for horses used
on a jammer in loading LaBell's logs, as an exhibition of waste. Mr.
Tyrrell's statement that 110 of those ties were all salable was absurd. There
was hardly a tie among them that would have met standard specifications
59
where new and practically all, and I believe all, had been used once as shown
by the spike holes. LaBell paid $36.00 for use of camp 11 and $30 for use
of sleighs for the season of 1912-13, cut 500,000 feet, hauled about 2 miles,
received $6.00 per M and cleared $1.00 per M. These were his own state-
ments to me.
In the SW/4 of Section 32-30-15 attention was directed to cedar cut out
of the logging road in 1910 and left. Mr. Tyrrell said this was that which
he had referred to in a statement he had filed. Northwest of Camp 11 we
found a second cut in a pine left, it scaled full 550 feet and 380 feet inside
of sap ; at lower end was a 10-inch defect in heart and at top 6 inches.
We placed it at average of 8 inches. The tree was a wind fall, and the
second cut very knotty. The 3d log was crotched but contained 180 feet.
Another 6-foot cut which might have been taken scaled 220 feet full, but
had 8 inches center rot. There were also two small logs in the top, but the
tree had been dead years and worms were in it long ago. It was only 20
rods from railroad. Farther along the track was a small pile of cedar, a
pine log and a cedar pole 30 or 40 feet long, close to track. Away a few
rods Mr. Tyrrell reported he found 30 foot left in a pine from which the
butt cut was taken, and hemlock logs left. This was about 40 rods from
railroad. I was talking with Mr. Prickett when he made this examination.
His statement that he would make a record of any refusal on my part to
go in and see timber, prompted me to record that which he reported. I
accept his report without reservation.
On the NE/4 of 36-30-14 was a white pine cut and left. Hollow, but
log 12 feet long. Had it been rolled out one could crawl through it, but
rim was sound and I allowed 200 feet scale; 2d log 480 feet; 3d log 480;
top piece about 5 feet long allowed 140 feet. Near by was a 26-inch Norway
stump only a 12 or 14-ft. log taken; rest good. On NW/4 of 31 a horse
jammer left. I noted boom stick broken in half, brace to this broken and
one runner split ; not of much value. A 16-foot hemlock near sleigh road
cited as waste, I found cut from a dead tree, full scale 270 feet, actual
sound material not over 50 ; haul to railroad nearly Yz mile. Noted several
hemlock skids left, one hemlock log scale 180 feet.
On Monday the engine and caboose were again placed at our disposal.
Mr. Holland, Mr. Smith and Mr. Nicholson did not go with us ; practically
all of the Indians who went Saturday went with us and also John War-
renton, Alexander Warrenton, James Boyd and others. Mitchell Waukaw
was not with us, but his son was. This trip was made for the especial
purpose of showing me waste observed late Sunday afternoon during the
hour when I was not with the main party. Much was made of the loss
in a heavy fill on a sleigh road in the NW/NE of Section 6-29-15. This
area was logged from Camp 12A in 1910-11 under John Peterson, then
camp foreman.
The greater portion of logs in this fill were said to be large white pine
of good quality. When brought there I at once recognized that nearly
all of the logs were extremely punky, and insisted upon a critical inspection
of every one of them. We went over them one by one and agreed whether
they were worth taking to the mill or not. Objection was made by Mr.
Tyrrell as to the losing of time. However, he remained and examined the
logs with me and the Indians, particularly with James Boyd, whom the
Indians had evidently taken because he had scaled logs on the mill deck at
Neopit. Boyd used the scale rule. When we were through, of the "dozens"
60
of "excellent" logs used for the fill, only three 16-foot logs had been agreed
to be worth taking to the mill. In the second fill a few rods beyond we found
only one pine log that we agreed should have been milled and this scaled
only 80 feet sound material. A white pine beside this fill and in a bad place
to get scaled 440 feet full and Boyd allowed 280 feet. Just beyond a Nor-
way beside the road scaled 100 feet, sound material. A white pine 50 feet
from road scaled 210 feet. A broken pine on side hill on left scaled 140
feet and 100 feet. Another top scaled 40 ft. An old fallen tree near road
would certainly scale out more than 500 ft. of sound material.
Just beyond, 2 Norway skids which had been sawn into logs had been
left. They scaled 60 ft., 60 ft., 70 ft., 80 ft., 260 ft. and 110 ft, 100 ft., 80
ft., 60 ft., 350 feet respectively. We found another skid of 4 logs, 12 inches
at top, 16 inches at butt, and then 4 more Norway skids of 5 logs each. We
then came to a bridge over a ravine. On top of the high cribs of "hemlock
logs had been used two Norway stringers, one of these was 57 feet long,
the other 84 feet. I believe stiff, sound stringers were necessary on this
bridge.
Just beyond this and in an area almost directly west of Camp 12A and
about one-half mile from it we found pine logs left in the elevated drive-
ways which had been built for the getting of logs on to the skids. We
scaled pine logs in the 1st drive as follows : 240, 300, 80, 330, 160, 100, 100,
240, and 60, that is, 9 logs with total scale of 1,530 feet, and three Norway
scaling 60, 40 and 20, or a total of 120 feet. In another skid driveway we
scaled as follows: white pine 210, 40 — 250, and Norway 60, 100, 70, 120, 180,
210, 180, 140 — 1,060 feet. Beyond this point there were left in a ravine
white pine 100, 70, 40, 70, 60—340 feet, and Norway 180, 40, 180 — 400 feet.
We noted one other pine containing 210 feet. These logs were in a very
rough rocky glacier morain, but I believe the leaving of them absolutely
inexcusable. On our way into this cutting from Camp 18 I noted 12 hem-
lock and 2 pine skids left, the latter were not put in by Peterson, but were
the remains of old Indian logging and were 70 feet long.
Both in going to this pine and returning we passed through Paul Tebeau's
celebrated cedar cutting. Hundreds of cedar logs were left here. I un-
derstand that Tebeau was given a contract to cut out the cedar, that he
cut these logs in 1911-12 and got none of them out, that he then asked for
another contract in 1912-13 and that the management would not permit him
to go in again. I understand that the operation had furnished his camp
with all tools and supplies in order to give him an opportunity. He failed
to get the cedar which he cut that winter out to the railroad grade. The
next year the best interests of the operation were thought to demand the
pulling up of the steel on the nearest track, the cedar was left and the
management would back Tebeau no longer. If these be the facts, and I
have heard no one dispute them, whatever loss the Menominee Indians
have suffered has been chiefly due to the default of one of the tribe, Paul
Tebeau.
I believe no serious loss was suffered as to stumpage. The cedar was of
only fair quality. A comparatively small proportion of it would have gone
as poles if it had been cut green. It was in the burned district of 1910.
The Northwestern Cedarmen's Association Rules will not admit burned
timber for cedar poles and ties. All of Tebeau's cuttings were into logs
which would be used for shingles. I find from the annual report of Neopit
61
operation for the year ending September 30, 1912, that every thousand feet
of shingles manufactured, cost, including stumpage $2.45 per M, that the
shingles sold during the same period averaged only $1.71 per M. This
shows a loss of substantially $.75 per M. Thus it is clear that whatever
criticism is given the management on this Tebeau cedar proposition should
be for letting Mr. Tebeau undertake to cut any cedar, rather than for fail-
ing to permit him to cut more. Until shingles manufactured from this
material can be sold at a profit the best interests of the Menominee Indians
demand that the dead cedar in the SE/SE of Section 31 and SW/SW of
Section 32-30-15 and the NE/NE of Section 6 and NW/NW of Section
5-29-15 be left standing.
I have recited at great length the details of this three day examination.
I fully realize that the reading of so long a report is even more exhausting
than its preparation, but the allegations of mismanagement at Neopit have
been so persistently and vigorously urged that I have felt that it was best,
while my original field notes were available and my memory of details clear,
to set down in very complete form the facts as they were represented and
as they were actually found. I have made frequent reference to Mr. D. F.
Tyrrell.
As I understand it, Mr. Tyrrell was in no sense authorized to act for the
Menominee Indians, either as a tribe or as individuals. He manifested deep
interest in their affairs and told me the services which he had tried to ren-
der had all been gratuitous. He is an earnest, energetic man. In the three
days that I was with him in the woods I became convinced that his theoreti-
cal and practical knowledge of lumbering was quite limited and the standards
which he had applied for arriving at a determination of gains and losses in
the lumbering business were not sound.
For instance, he felt a great loss had been suffered when he found burned
cedar and hemlock left standing or used for railroad fills. I have shown
above that there was a loss suffered on every thousand feet of cedar brought
to the mill. Let us discuss hemlock. I find from the Neopit records that
the average cost of manufacturing all kinds of lumber at Neopit from July
1, 1910, to September 30, 1911, was $10.53 without stumpage charge. The
average price received for hemlock during the period July 1 to December
31, 1910, was only $11.19. Thus in the fall of 1910 when the Evergreen fire
burned millions of feet of hemlock, there was no expectancy of receiving
for stumpage and profit more than $.66 per M, even on green hemlock.
However, during that period 8,000,000 feet of hemlock were cut in the
face of these conditions. During the year October 1, 1911, to September 30,
1912, the Menominee Mills cut 22,000,000 feet of hemlock. The average
price received for hemlock during this period was only $11.28 per M. If
we subtract from this $9.72, the average cost of manufacturing all species
during that period we have left only $1.56 for stumpage and profit. Clearly
no great loss was suffered through the leaving of burned hemlock in the
woods. I know that other manufacturers of hemlock in Wisconsin claimed
during that period that they could not afford to pay more than $1.00 per M
for hemlock stumpage.
I should speak of two more matters brought to my attention on these
three days. We found a second squared pine timber left in the woods.
This was south of Camp 14. It had been sawn into logs and skidded. Mr.
Crowell told me that he examined it before skidding and found one end
62
i
marked U. S. with a hammer. This indicated that it had been scaled and
paid for by Mr. Kemnitz. We found a watering trough at Camp 17 dug
out from a pine log. Mr. Peterson told me it was made at Camp 12 and
had now been in use three years. A trough could have been made more
cheaply from plank, but the loss has been greatly exaggerated.
On Monday evening I was asked if I would go up near Askenet the next
day to examine the Kemnitz cuttings in Rock Elm. I had reports which
must be done and told the Indians to send two or three of their number up
there to measure some logs and waste, to measure the area covered and to
report to me what they found.
Simon Beauprey and Joseph Longley went. They reported in the late
afternoon that they visited Section 5, T 29 N., R 14 E., that they scaled a
waste of 6,270 feet of timber fit for saw timber on an area which they esti-
mated to be 10 acres. They had not paced or measured the area. This
waste was found in 19 elm tops, 2 whole elms fallen and left, and one elm
which had been notched and left and later felled by the wind. They also
found 2 maples, 1 birch and 1 basswood fallen and left. This cutting was
done in the spring of 1913 when Simon Beauprey was the forest guard in
charge of the scaling of rock elm.
Mr. Nicholson, Mr. Crowell, and Mr. Kemnitz tell me that every elm tree
which Kemnitz fells he is expected to pay for. If he hews an elm and does
not take it he pays for it at the rate which he pays for square timber, which
he actually ships, and if by mistake he fells an elm which proves to be so
defective that he does not hew he pays the regular stumpage rate of $5.00
at which the Neopit operation charges itself. He also pays the regular
stumpage rates on every tree of any other species that he fells or breaks
down.
If anything has been lost to the Indians through lack of proper scaling the
fault lies primarily with Simon Beauprey, a Menominee Indian, whom the
management entrusted with the duty of scaling all of this timber.
I have confined my remarks to the woods' end of this proposition as much
as possible. I am entirely satisfied that the Menominee Indians have re-
ceived far higher stumpage rates through the sale of their rock elm and
white pine for hewn timbers than they possibly could have received if the
trees had been cut into logs and brought to the Mill or had been cut into
logs and sold for saw mill purposes at private sale, auction or sealed bids, to
mills outside the reservation. I have gone into this matter very thoroughly
with the employees here and especially with Mr. Crowell. I have checked
over carefully with him the comparative figures which he has prepared.
There is now on file at the Neopit office sufficient data and comparisons to
explode completely every allegation that has been made to the effect that
the white pine and rock elm which have been sold as squared timbers at
Neopit could have been more profitably utilized in another form.
I have already expressed in plain terms my opinion of the amount of pine
timber which has been left in the woods at Neopit in the last three years,
especially in 1910-11, and of the loose and unbusiness like manner in which
pine timbers have been cut in the past year with the result that many logs
of the highest value have been exposed to worms during the summer.
Respectfully,
J. P. KlNNEY,
Supervisor of Forests.
63
Mr. J. P. Kinney's affidavit:
J. P. Kinney, Supervisor of Forests in the United States Indian Service,
being duly sworn, deposes and says that under dates of December 5, 1913,
December 10, 1913, and December 16, 1913, he addressed letters to Mr. E. E.
Ayer, of Chicago, Illinois, a member of the Board of Indian Commissioners,
regarding conditions at the Neopit lumbering operation on the Menominee
Indian Reservation, Wisconsin, and he further says that each and every state-
ment of fact in the said letters was the truth to the best of his knowledge
and belief and that each of the expressions of opinion therein stated repre-
sented his honest and true conviction.
J. P. KINNEY.
DISTRICT OF COLUMBIA,^ ss:
City of Washington.^
Subscribed and sworn to before me at Washington, D. C., this thirteenth
day of January, 1914.
HELEN V. BRIDGE,
[SEAL] Notary Public.
My commission expires Aug. 9, 1915.
EXHIBIT 12.
Statement of Earnest J. Brigham, Superintendent of Logging,
Menominee Indian Reservation, Neopit, Wisconsin, dated De-
cember 16, 1913.
From the foregoing statement of pick-up scale the following statement
shows this year's intended disposition :
— SE. SE. Sec. 8, T. 29 N., R. 14 E —
2,540 ft. white pine left from waney board cuttings now decked in
rollways ready for hauling from Camp 15's present opera-
tion.
— SE. NE. Sec. 17, T. 29 N., R. 14 E.—
9,420 ft. white pine to which roads are now cut and skidways built
ready for skidding during present year's operation as soon
as the soft ground on which they lie is sufficiently frozen
to allow team work.
— NE. NE. Sec. 17, T. 29 N., R. 14 E.—
4,070 ft. white pine ready for skidding as above.
— NW. NW. Sec. 16, T. 29 N., R. 14 E.—
64
3,910 ft. white pine on so-called State School land at present in
litigation, which we are forbidden to move.
— NE. SW. Sec. 10, T. 29 N., R. 14 E.—
9,910 ft. white pine in present year's Camp 15 operation to which
roads are built, skidways and landing left from last year's
operation for that purpose.
3,480 ft. hemlock scaled and planned to take out as above, Camp 15
operations.
— SE. SW. Sec. 10, T. 29 N., R. 14 E.—
23,150 ft. white pine adjoining above description and to be logged
with it.
— SW. SE. Sec. 10, T. 29 N., R. 14 E.—
4,880 ft. white pine adjoining above description and to be logged
with it.
— NE. NE. Sec. 6, T. 29 N., R. 15 E.—
2,180 ft. white pine and Norway left in 1911 and 1912 operation not
accessible to this year's work.
— NW. NE. Sec. 6, T. 29 N., R. 15 E.—
7,590 ft. fire killed white pine and Norway skids, logs, bridging, etc.,
left 1911-12. Not accessible this year's work.
— SW. NE. Sec. 31, T. 30 N., R. 15 E.—
6,870 ft. fire killed white pine and Norway skids, bridging and logs
left season 1911-12. Not accessible in this year's operation.
— NW. NE. Sec. 31, T. 30 N., R. 15 E.—
770 ft. pine logs left in swamp near Camp 11, season 1911-12. May
possibly be skidded out this winter, but there is no frost in
the swamp sufficient to hold team this date, Dec. 16, 1913,
making it problematical.
— SW. SE. Sec. 30, T. 30 N., R. 15 E.—
1,710 ft. pine and tamarack, same condition as above.
— NE. NW. Sec. 31, T. 30 N., R. 15 E.—
3,730 ft. pine and
3,220 ft. hemlock, same condition as above.
65
—NEK Sec. 36, T. 30 N., R. 14 E.—
2,960 ft. white pine decked in Camp 17 rollways ready for present
season's hauling.
1,110 ft. pine to be drayed into above job.
660 ft. pine not accessible to this season's logging.
2,610 ft. hemlock not accessible to present season's logging.
33,250 ft. not accessible or probability of logging at least doubtful.
61,520 ft. accessible to present year's operation.
Very respectfully,
(Signed) ERNEST J. BRIGHAM,
Supt. of Logging.
Dec. 16, 1913.
I hereby certify that the foregoing descriptions, log scale, memoranda and
data as shown hereon are true and correct to the best of my knowledge and
belief.
That I believe that I have covered all the ground, viewed and scaled all
merchantable logs under discussion, and to which attention was called No-
vember 29, 30 and December 1, 1913, during investigation upon complaint of
Menominee Indian Committee, and all such other logs found by me, not seen
or mentioned by that committee in the several localities visited.
That such scale was well and truly made by means of a Scribner Decimal
C Log Rule and Calipers used where rule could not be applied.
That I did not include cedar logs and poles cut by Paul Tebeau at and
about the corner of Sections 31 32 T. 30 N. R. 15 E.
6 5 T. 29 N. R. 15 E. lying in swamp con-
taining from 2,000 to 4,000 pieces.
That I did not include certain hemlock logs obviously left for present
season's logging on the southwest K of Section 10, T. 29 N., R. 14 E., which
I estimate to be in the neighborhood of 20,000 feet.
That the total scale of logs herewith included as shown in the foregoing
report equals 94,770 feet log scale.
(Signed) ERNEST J. BRIGHAM,
Superintendent of Logging.
(Signed) LINCOLN CROWEIX,
Deputy Supervisor of Forests.
STATE OP WISCONSIN,
County of Shawano.
On this 16th day of December, A. D. 1913, personally appeared before me,
a Notary Public, Ernest J. Brigham and Lincoln Crowell, who being duly
sworn, acknowledged that they executed the foregoing instrument to be their
free act and deed.
H. C. D. ASHFORD,
[SEAL] Notary Public.
My commission expires June 20, 1915.
66
EXHIBIT 12A.
Report of Mr. Edward E. Ayer's interview with Mr. Earnest
J. Brigham, Superintendent of Logging, and Mr. Lincoln Crow-
ell, Deputy Supervisor of Forests, at Menominee Indian Reser-
vation, Neopit, Wisconsin, December 16, 1913.
Mr. Ayer:
Q. You were with Mr. Holland and Mr. Smith and Mr. Kinney two days
that they were in the woods, and with Mr. Kinney the one following day
when Mr. Tyrrell was pointing out the timber to substantiate his letter and
his charges about logging in these woods?
Mr. Brigham:
A. I was.
Mr. Ayer:
Q. Do you think Mr. Tyrrell had any practical knowledge of conditions in
logging or any knowledge of the qualities of timbers during the days that
you were with him?
Mr. Brigham :
A. I would say he had some knowledge, but the major part of his ques-
tions and statements would indicate to me that he is not a practical logger
and that his estimates on the conditions of timber left on the ground and
standing burned timber were very erroneous.
Mr. Ayer :
Q. Mr. Crowell, you were of the same party: is that your opinion also?
Mr. Crowell:
A. Yes, sir.
Mr. Ayer :
Q. Did he strike you as being a man who wanted to be entirely fair and
get at the true state of affairs, or not?
Mr. Brigham:
A. He did not.
Mr. Ayer :
Q. The same with you, Mr. Crowell?
Mr. Crowell:
A. Yes, sir.
Mr. Ayer:
Q. Did it seem to you that he felt bound to make out a case, bound to
substantiate his charges, whether they would be right or wrong upon
investigation ?
Mr. Brigham :
A. It certainly did.
Mr. Ayer:
Q. Mr. Crowell?
67
Mr. Crowell:
A. Yes, sir. It would seem he talked more for the effect that his speech
would have on the Indians accompanying us than any effect on us.
Mr. Ayer:
Q. Is that your opinion, too, Br. Brigham?
Mr. Brigham :
A. Yes, sir.
Mr. Ayer :
Q. The territory over which these logs were scaled covered all the terri-
tory visited by you while accompanied by Mr. Tyrrell and the Indians ?
Mr. Brigham :
A. It did.
Mr. Ayer :
Q. How much more?
Mr. Brigham:
A. Twenty-five per cent more. At least 25% more.
Mr. Ayer:
Q. And that is your judgment, Mr. Crowell?
Mr. Crowell :
A. Yes, sir.
Mr. Ayer:
Q. I see that in your summary you say that sixty-one thousand feet out
of the ninety-four thousand feet is accessible to present year's operation.
About what percentage of the thirty-three thousand feet can there be got to
the mill with a reasonable profit?
Mr. Brigham :
A. About thirty per cent.
Mr. Ayer :
Q. That is your judgment, Mr. Crowell?
Mr. Brigham :
A. Yes, sir.
EXHIBIT 13.
Report of Mr. Edward E. Ayer's interview with Mr. Peter
Lookaround, storekeeper, at Menominee Indian Reservation,
Neopit, Wisconsin, November 29th, 1913.
Mr. Lookaround is a graduate of Haskell University, and one of the two
leading merchants of Neopit.
Mr. Ayer :
Q. Are you satisfied with the conditions around here?
68
Lookaround :
A. Yes, sir.
Q. You think these are honest people who have charge here and that they
are making an honest effort to do the best they possibly can?
A. Yes, under the conditions. I think Mr. Nicholson is about the best we
ever had.
Q. You think this man, Mr. Nicholson, does what he can to employ all
the Indians he can?
A. Yes, sir.
Q. Have you had any experience in other lumber yards or lumber schemes
besides this one here?
A. Well I used to work a little in the woods.
Q. But not in the manufacturing of lumber?
A. No.
Q. Do you think that they are succeeding in doing the logging in the
woods properly?
A. I think they are: of course it costs more money now.
Q. Of course, but that will be best in the long run, and aren't you in har-
mony with this method of doing it? You know if it succeeds it will be a
great benefit to the Indians in the long run?
A. In the long run, yes.
Mr. Ayer :
Q. There seems to be a body of Indians in your reservation that are very
much dissatisfied with the way things are being done.
Lookaround :
A. Well, these are always the same ones that are dissatisfied — no matter
who we had for our Agent, and there seems to be a half-breed at the head
of this who is making complaints and he is telling them, you know, that
they ought to have their money and that these people here of the Forest
Department are squandering the money, and so the people are beginning to
think the same way.
Q. But You are satisfied that the Department is doing the best it can?
A. Yes.
Q. You are satisfied that since Mr. Nicholson came here there has been a
large improvement in the conditions of the mill and the prosperity of the
tribe ?
Lookaround :
A. Yes. A man here must have executive ability, he must settle family
matters and deal with the liquor question, and I think Mr. Nicholson has
done well.
Mr. Ayer :
Q. And you, and the class of Indians that you represent, feel that the
Agency has been well managed, as well as the mill?
A. Yes
Q. Now, then, what percentage of the 1,700 Indians on this reservation
feel as you do?
A. I could not say.
Q. Well, is this feeling that has been worked up pretty widespread?
A. Yes; of course when they feel they can't get any money they are all
69
against the Agent; they feel that if they can't get any money it is being
spent here. You can't tell them that this mill is making money because
they won't believe it They will say, "We don't get anything."
Q. Is there a special committee organized here of five or six men who are
trying to oppose the running of the mill?
A. I think so.
Q. Do you think this "opposition" would be glad to have the mill closed
up and the logs sold?
A. Yes.
Q. Aren't you perfectly satisfied that if these logs were put on the market
as they used to be you would fall into the same difficulties in getting low
prices that you did before?
A. In the old way the Indians used to get work for only 3 or 4 months in
the winter, but now if the Indian wants to work he can go to work any
time the whole year round. You will find records in the office that a few
Indians have worked every month in the year.
Mr. Ayer :
Q. What is it that the Indians are trying to do by employing attorneys.
What is the necessity?
Lookaround :
A. Well it's this same thing — about getting their money.
Q. Are they trying to force the Government to pay back some money or
to get the money out of the Government's hands? Does a large proportion
of the Indians think the Government ought to pay back the money lost in
the "down" lumber?
A. No.
Mr. Ayer :
Q. But the "opposition" does want the Government to surrender the
million or two and divide it up amongst the members of the tribe?
Lookaround :
A. Yes, and these "blow downs" are telling the Indians the Government
held back some of the money and they are going around and saying to these
Indians, "We want to employ an attorney for the benefit of both of us,"
telling the Indians they should have the same attorney as the white man.
Mr. Ayer :
Q. Do many white men come on the place and agitate them and find fault
with the mill? Are the white people around the reservation and those people
all the time trying to make trouble and do away with the mill?
A. Yes.
Q. What is it your impression that the effect would be if they succeeded
in stopping the mill and having a change in administration? Would it be
injurious?
A. I think it would, because we have so much money invested.
Q. Do you think that you can preserve the timber for the next fifty years
that will come off this reservation better by having a mill than without one?
A. Yes, sir.
70
EXHIBIT 13A.
Questions answered by Mr. Peter Lookaround. Submitted,
and answered, in writing, and sent to Mr. Ayer at Chicago.
Q. What promises or what talk has been spread amongst the Indians by
Mr. Tyrrell and those associated with him as to what they could do for the
Indian?
A. There would be a change of superintendent in Neopit, Wis;
Q. Do you understand that the contractors from whom the Government
deducted certain moneys on "Blown Down" should have their claims paid?
A. Yes.
Q. Do they say the Government is to pay these or is it to be paid out of
tribal funds?
A. Do not know.
Q. Do you understand from talk generally circulated by them that a million
dollars of Indian money has been wasted?
A. Over a million dollars.
Q. Do they claim to be able to secure payment to the tribe of certain
claims known as the Stockbridge two-mile strip claim?
A. Do not know.
Q. Do they claim to be able to secure to the tribe Section 16 and swamp
lands now claimed by State and which question is now before Supreme
Court?
A. No.
Q. Do they claim to be able to secure annuity payments to the tribe?
A. Yes. $50.00 a head ; if not, $30.00 a head.
Q. What promises in general do you gather have been made by Mr.
Tyrrell or any of his associates that tend to curry favor with the Indian,
either for or against anyone, or on behalf of any one?
A. Do not know.
Q. What do you gather is meant by various statements or gossip circu-
lated that money is being wasted on the Neopit operation?
A. Waste of timber mostly. Too much cull lumber. Too many high-
salaried employees.
(Signed) PETER LOOKAROUND.
EXHIBIT 14.
Report of Mr. Edward E. Ayer's interview with Mr. C. A.
Tourtillott, storekeeper, at Menominee Indian Reservation, Neopit,
Wisconsin, November 29th, 1913.
Mr. Ayer :
Q. Are you a full-blooded Indian?
Turtelet :
A. No.
Q. You have known this agent, Mr. Nicholson, since he has been here?
A. Yes, sir.
71
Q. Do you think he has made an effort to be fair and square in his dealings
with the Indians ?
A. Yes, as far as I know, he has.
Q. Now there seems to be a feeling amongst some of the tribe that the
mill ought to be abolished. They don't think it is making money — although
the reports show it has been making money. Do you think it would be
better to sell your logs than it would to saw them?
A. Well, of course we were laying up money right along then.
Q. Do you think these people are using economy in sawing the timber and
disposing of it?
A. Well, I think in disposing of it they are, but of course there is lots of
timber that has been sawed here that doesn't amount to much. There have
been miscuts and a lot of it spoiled by the saw.
Mr. Ayer:
Q. Are you familiar with the ordinary percentage of miscuts in the mills
in Wisconsin, or only this one?
Turtelet :
A. Yes, only this one.
Q. Do you think that for the last three years the logs have been properly
taken care of?
A. I haven't been in the woods and don't know.
Q. There seem to be some Indians here who are very much dissatisfied
with the administration as carried on here; they are against the mill and
against the Agent and his work. What percentage of this tribe feel that
way, do you think, about him?
A. I don't think the percentage is very big.
Q. About 5 per cent, say?
A. I don't think that much.
Q. Is that percentage who are usually against the agent here the indus-
trious hard-working Indians?
A. No, they are not.
Q. Are they amongst the class who try to get an easy living and are not
usually found on the pay roll of the mill?
A. Not very much. (Meaning they are not found very much on the pay
roll of the mill.)
Mr. Ayer :
Q. Do you think that these men who are finding fault and are not the
working men of the tribe could manage this affair better than the agency
is managing it?
Turtelet :
A. No, I don't think so.
Q. And you would not be satisfied to have the management of the mill
in the tribe?
A. This man who is here seems to be a pretty good, straight sort of a
fellow, and I think he could do as well as anybody else would.
Q. You think this man employs all the Indians that he has a place for?
A. Yes, I think any Indian that wants work he can find a place for.
72
EXHIBIT 15.
Report of Mr. Edward E. Ayer's interview with Mr. Joe Gristo,
policeman, at Menominee Indian Reservation, Neopit, Wiscon-
sin, November 29th, 1913.
Mr. Ayer:
Q. You are a policeman here, are you not?
Gristo :
A. Yes, sir.
Q. Are you a Menominee Indian?
A. Yes.
Q. How long have you been here, Mr. Gristo?
A. I have been here, I think it is eight years.
Q. Are you familiar with the lumber yards and the logging, and every-
thing pertaining to the carrying on of the Menominee Indian Reservation?
A. No.
Q. Are you familiar with the lumber yards down in Oconto, or anywhere
else?
A. Well, I was raised in Marinette, but of course I never worked in the
mills.
Q. Then you are not familiar with the way the lumber yards are kept
at Marinette and Menominee?
A. Yes, I have been in there.
Q. Well, how do you think this compares with them?
A. Well, I have never seen anything lying around in other yards. It is
generally picked up. Of course here there is a good deal lying around, as
anyone can see for himself. Of course, though, they clean it up every once
in a while.
Q. Do they clean it up say, once or twice a year?
A. Oh yes ; maybe once a month for all I know.
Mr. Ayer :
Q. Do you get your wood from the plant?
Gristo :
A. Yes.
Q. What condition is the wood in — slabs, sawed up 16 inches long and not
split ?
A. Yes.
Q. What do they charge you for that, delivered at your home?
A. $2.00 a load — about two cords.
Q. That makes about a dollar a cord. How much would it cost you to
go around the yard and get the broken pieces and get them to your house
and have it sawed up?
A. Well, I don't think I could get it cheaper. It would take a long time to
pick it up and I would have to get a team.
Q. Do you think any of the Indians who have families can always get it
at $1.00 a cord, delivered?
A. Yes.
73
Mr. Ayer :
Q. I notice there are some Indians who are dissatisfied with the working
of the plant and the whole conditions?
Gristo :
A. Well, the way I understand it, they are.
Q. Are these men working for the company?
A. They had been working right along — but I guess they lost their jobs.
Q. Do you know for what reason?
A. Well, not exactly. Once in a while some of them come and tell me
the trouble, but I never took any trouble to keep it in my head.
Q. Do you know how many Menominees are working in the woods, etc.?
A. No, sir.
Q. Isn't it the usual thing that the Indians are usually given a job if they
are good workers?
A. Well— yes.
Q. What percentage of the tribe do you think is dissatisfied?
A. Well, as far as I know, most of them are not satisfied and only a few
are.
Q. Well, what do they want instead of what they have got?
A. Well, I don't know what they want.
Q. Have they any better scheme?
A. They claim they have.
Q. Are they the hard-working men that devote their time to work who
think they can do better, or are they the men outside, who don't work? Do
they want to do away with the mill?
A. No; I think the idea is that the mill ought to be making money,
instead of running behind every year.
Mr. Ayer :
Q. But, is it a fact that they are running behind? Where do they get
that idea?
Gristo :
A. Well, I don't know ; those are the reports I hear.
Q. Well, do you know whether these reports are true or not?
A. I couldn't say.
Q. Who has been telling these men that the mill has been running behind?
A. I couldn't tell.
Q. Well, don't they know they can come to the agent and find out exactly
how the mill is run? Has it not always been that any Indian can come in
and examine the books any time?
A. Yes ; although I don't know whether they ever did or not.
Mr. Ayer :
Q. Well, then, the only reason they are dissatisfied is that they think this
mill is losing money every year.
Gristo :
A. Yes.
Q. Well, do you think they would be satisfied if they could be informed
that this mill is making money every year?
A. I don't know how they would feel about that.
Q. Have any of their attorneys, or the outside people, told them that the
mill is losing money?
74
A. I couldn't say, only every once in a while they get wind that the mill
is losing money.
Q. Don't you think it would be the proper thing to do to have your men
go to the office and examine the books?
A. Why, sure.
Q. And don't you think that if the men knew that the last two years the
mill had added to the funds at Washington $444,000, they would have been
more satisfied with the management?
A. Why, sure, if they had known it.
Q. You are convinced that if the Indians knew the mill was making money
they would be satisfied?
A. Yes, sir.
EXHIBIT 16.
Report of Mr. Edward E. Ayer's interview with Mr. Charles
W. Chickeney, at Menominee Indian Reservation, Neopit, Wis-
consin, November 29, 1913.
Mr. Ayer:
Q. You are a Menominee Indian, of course?
Chickeney :
A. Yes, sir.
Q. Mr. Chickeney, how long have you worked here for the plant?
A. Two years in June.
Q. What is your position?
A. I am what they call "retail salesman."
Q. You are familiar with the way the lumber is piled and kept in the yard ?
A. Yes, sir.
Q. Are you familiar with the way it is piled in other lumber yards?
A. No; I am not.
Q. There seem to be several men here who are much opposed to this whole
scheme. Are those men usually the laboring, hard working men for the mill,
or are they the people who do not work much?
A. Well, I know of two who do not work at all, who have been kicking.
Q. Well, how do they get their living?
A. I am sorry to say you will have to tell me before I can tell you.
Q. Is it the general impression here that the mill is making money or
losing money?
A. That I could not tell you.
Q. Well, have you heard that the plant is losing money?
A. Yes.
Q. Have they ever made any effort to come to the office to find out if
they had been losing money?
A. Not that I know of.
Q. You are satisfied that they could if they wanted to?
A. Well, whenever I have come to Nicholson with reference to anything
I have always got what I wanted.
75
Q. How many men do you think are opposed to this saw mill and the
other things ?
A. That I could not tell.
Mr. Ayer :
Q. Well, there are not a great many are there ; would it be 5% or perhaps
10%?
Chickeney :
A. Yes; I think probably 10%.
Mr. Ayer :
Q. Don't you think if those men would take the opportunity of coming
and getting the information at this mill, and it was demonstrated that this
mill was making money, that they would feel different about it?
Chickeney :
A. I think they would; yes.
Q. Is the yard in good condition as far as cleanliness is concerned?
A. Well, as far as I know, it is. Of course, business hasn't been very
good and everything is piled up; there are not many of what they call "outs."
Q. You are not familiar with the logging in the woods, are you?
A. No, I don't know what is going on there.
Q. Don't you think it would be a good plan, in the interests of your tribe,
for two or three of you who are satisfied and connected with the plant, to
get two or three of the leading men in what we may call the "opposition" to
come with you, say, the two merchants and you, and invite two or three men,
to come up here and get an exact statement of how much money this mill
has made or lost in the last three years?
A. Why, yes ; indeed, I do.
Mr. Ayer:
Q. Well, now, these books are kept, as I understand it, by Government
men under Government employ. Every dollar of money that comes in is
credited to the Government and every dollar paid out is charged to the Gov-
ernment. Now you can readily find out in this office whether you take in
more money during the year than you expend, and if you can find that in
the three years they have taken in more money than they have expended, then
you know exactly whether you are making money or not, and I would suggest
that you do this. As a business man, I don't believe that any man would
want to say that these books are fraudulently kept. So I think it would be
a good scheme to get up a committee of that kind and come and find out, so
you can tell your tribe exactly how things are. And I shall suggest that at
the end of each year there be a little slip printed and given to each member
of this tribe, telling them exactly what the outcome of this business has been,
whether it is a loss or a gain.
Chickeney :
I think the reason the tribe are dissatisfied is that the annuity is decreasing
every year.
Mr. Ayer :
That I don't know anything about. Only I do know, from the books of
this office, that there have been several hundred thousand dollars added to
76
your credit in Washington in the last three years, so that it isn't true that
this mill has decreased your annuity.
Chickeney :
Well, that is the impression of the tribe, that this mill is to blame for it.
Mr. Ayer:
Q. Now, you know that if you sell your logs you have only three months'
work a year and you are up against the great lumber companies here. Some
of them have been robbing you from time immemorial. Now, do you want
to go back to that?
Chickeney :
A. Why, no.
Q. How many men of these agitators are there in the tribe who don't
work, who still live and have money; you said you knew of two of this
bunch here?
A. They are the only two I know of.
Q. Have they any income from property?
A. Not to my knowledge
Q. They have their annuity — $60.00 a year — but they can't live on that,
can they? Have they families?
A. Why, one has.
Q. And still he never works?
A. I don't know how it is, but he never works any.
Mr. Ayer :
I am going to recommend that one or more young men be put through
the College of Agriculture at Madison by the tribe, who will come back and
be able to teach you how to raise the best cattle, pigs, horses, everything the
best type instead of the poorest.
Chickeney :
Well, Mr. Ayer, I want to say this. No matter what they do at the mills
here or in the woods, no matter how the funds are, we must have something
to eat, something to put on our back, and it depends whether we go back
to degradation or rise to the position of citizenship on our knowledge and
adaptability for agriculture, and I am thoroughly in accord with your recom-
mendation in regard to starting us right.
EXHIBIT 17.
Report of Mr. Edward E. Ayer's interview with Mr. Frank S.
Gauthier, at Menominee Indian Reservation, Neopit, Wiscon-
sin, November 29, 1913. Mr. Gauthier was accompanied by a
party of six Indians.
Mr. Gauthier presented for Mr. Ayer's perusal, a copy of a report dated
March 11, 1913, that he had presented to the Secretary of the Interior at
Washington, on March 13th, 1913. Mr. Gauthier had gone to Washington at
the request cf his tribe, as their representative.
Mr. Ayer:
77
Q. Do you still feel just the same as you did when this was written?
Gauthier :
A. Yes, sir; if anything, worse.
Q. Have you been in the employ of the mill company here?
A. Yes ; up to 1911, and then I was transferred over to headquarters.
Q. Are you still there?
A. No, sir; I resigned there in September. I decided to make a fight and
so I had to resign in order to make a fight.
Q. Well, now, what is the principal thing you wanted to make a fight on?
A. On our superintendent, Mr. Nicholson. He is incompetent; and not
only the superintendent, but his assistant, Mr. Marble, also.
Mr. Ayer then outlined to Mr. Gauthier and his party the recommendations
it was his intention to make to the Government, about having tribal cattle,
about the allotment of farms and the division of the tribal funds to get them
started, about sending a few bright young Indians to Madison Agricultural
College to learn scientific farming, about having the entire reservation sur-
veyed by townships, about having matters presented by the Indians attended
to at Washington without delay.
EXHIBIT 18.
Rep xt of Mr. Edward E. Ayer's interview with Mr. John
Kakatosh, at Menominee Indian Reservation, Neopit, Wiscon-
sin, November 30, 1913.
Mr. Ayer :
Q. Mr. Kakatosh, would you rather have the mill stopped and log the
balance of this reservation by selling the logs? How do you feel about that?
Kakatosh :
A. Well, now, I have worked around here quite a little, but it is pretty
hard for me to know all that is going on here. Do you want to know what
the Menominees want?
Q. Why, yes ; I want to know about everything that is going on here,
what's going on at the mill and what the Menominees wants. I want to see
if we cannot do better and conserve your property. You don't work in
the mill do you?
A. No; I run camp in the woods for the Government. I run Camp 17.
Q. Do you feel that these logs are being cut properly and handled econ-
omically and as well as it is possible to do it?
A. Well, we are trying to get the logs out as cheap as we can.
Q. Why do the Indians want to have an attorney on this reservation?
What do they want to do that the Government will not do?
A. Well, I have heard a lot of fellows saying that the mill is not handled
right, that there is a lot of miscuts.
Q. Do they think any mill is cutting where there are not miscuts?
A. I couldn't say. I have been brought up around the mills, but I couldn't
say how many miscuts there were.
78
Q. You are a farmer, are you not?
A. No; but I am going to start a little farm next year.
Q. That's very fine. By the way, the Indians are doing better work these
days, aren't they?
A. Why, yes; since they got the mill in they are getting more down to
working. Now my two boys are working nearly the whole year steady and
there are a lot of boys who work that way.
Mr. Ayer:
Q. Do you know anything about whether this mill is paying or not; have
you ever been told?
Kakatosh :
A. I heard a lot of them saying that the mill did not pay.
Q. Where did they get their authority?
A. Well, I don't know; I just heard a lot of them say so.
Here Mr. Ayer explained that the mills had made a profit of $444,000
during the past two years and that the Indians could get the facts in regard
to the profits of the mill at any time, either from the Agent, or from
Washington.
Mr. Kakatosh :
I heard Mr. Nicholson say once that the boys could get the facts in Wash-
ington about what money the mill was making.
Mr. Ayer :
Mr. Ayer, continuing, explained that in the past two years $444,000 had
been added to the tribal funds at Washington out of the profits of the mill;
that the statements to this effect were absolutely reliable and that any state-
ment that the mill was losing money was untrue. "The books of the reser-
vation," he said, "are audited by Washington and are absolutely correct, and
any Indian can come here and find out just what money the mill is making
or losing, and if they then are not satisfied they can get the information
from Washington.
Mr. Ayer:
Q. Well now, have you any suggestions to make as to how the mill could
be run better?
Mr. Kakatosh:
A. No, I have not. I have worked in a good many mills and they are
worked just the same, as far as I can see, as this mill here.
Q. Don't you think this entire reservation ought to be run out and exam-
ined and a report made on every township, of the character of the soil and
what it will grow best, and get this information so as to know what you
have here?
A. Why yes; some parts here are good land and some bad land.
Kakatosh :
Well, of course I have heard a lot of talk, but I have been here since this
plant started up and have all kinds of work, — shovelling, driving piles, work-
ing on the river, — and I have had all the work I want.
79
EXHIBIT 19.
Report of Mr. Edward E. Ayer's interview with Mr. Mose
Tucker, at Menominee Indian Reservation, Neopit, Wisconsin,
November 29, 1913.
Mr. Ayer:
Q. Have you been working for the mill?
Tucker :
A. No; I could not support my family in that way.
Q. You have a family?
A. Yes, sir.
Q. Have you a farm?
A. Yes; I have 100 acres in fence and 63 under cultivation, and I bought
another place at Keshena of 74 acres.
Q. What do you raise?
A. Corn, potatoes, oats, hay, beans.
Q. Do they all grow successfully in this country, — good crops?
A. Sure.
Q. Then you are making a comfortable living for your family on these
farms?
A. Y*-
Q. Can you tell me something about the farming on this reservation?
A. Well, I believe that this is very good farm land here.
Q. Are you satisfied that the future of the Indians will be better the more
they take to farming?
A. Yes.
Q. Have you good stock?
A. Well, I have 3 Guernsey cows and one bull and three sows.
Q. Do you think that if the Government made an effort to help, out of
the funds, that you could get some of the younger men into farming?
A. Yes ; from my knowledge I believe that. I know my people are very
easily led, and if you lead them in the right way they will go that way, and
if you lead them in the wrong way they will go that way.
Mr. Ayer here advised Mr. Tucker that the Indians did not need any
lawyers to handle their difficulties, that if they needed anything the Board of
Indian Commissioners would do everything in their power to help them ;
that the Government was their friend and that there was no occasion to
spend any money on lawyers.
Tucker :
Mr. Ayer, let me tell you that I am 48 years old, and I have always made
an effort to develop myself in every way. Now, whenever we make a com-
plaint to the Department they will come right back to the Agent and the
Agent will say, "Those parties are always making complaints," and conse-
quently things get worse and worse.
Mr. Ayer :
Q. Then one of your main complaints against the Government is the
great delays that occur in all your requests and correspondence?
80
Tucker :
A. Yes.
Mr. Ayer brought the interview to a close after explaining that any of
the Indians could get any desired information about the accounts of the mills
and that there was absolutely no doubt but that the mills were making money
and were doing very well.
EXHIBIT 20.
Report of Mr. Edward E. Ayer's interview with Mr. Simon
Beauprey, at Menominee Indian Reservation, Neopit, Wiscon-
sin, November 30th, 1913.
Mr. Ayer:
Q. Are you working for the plant?
Beauprey :
A. I was, two years ago, but I got discharged the 1st of July and I haven't
done anything since. I was a forest ranger.
Q. Well, does that come under this mill department?
A. Yes, sir.
Q. How much good farm land is there on the reservation, land that isn't
too stony or too rough?
A. I should say about four townships, one-third of it. There are three
townships on the other side of the Wolf River that isn't good farm land,
but it will make good grazing.
Mr. Ayer explained that he intended to make recommendations about al-
lotting farm lands, and about putting tribal cattle on the pasture lands.
Mr. Ayer:
Q. Have you any suggestions to make that you think would improve con-
ditions here? You know, of course, that they have added some $444,000 to
your tribal funds at Washington, in the past two years?
Beauprey :
A. No, sir, I don't think of any.
EXHIBIT 21.
Report of Mr. Edward E. Ayer's interview with Mr. George
T. McCall, at Menominee Indian Reservation, Neopit, Wiscon-
sin, November 30th, 1913.
Mr. Ayer:
Q. You are working for the Company, Mr. McCall?
81
Mr. McCall:
A. Yes, sir; I work in the camps.
Q. Mr. McCall, have you cruised this reservation pretty well?
A. Not very much; I have been all through it but I have never made any
special effort to find out what there is in it.
Q. They are estimated here all the way from a billion and three-quarters
to two billion.
A. I don't think there is that much, — you know fire destroyed a good part.
Q. Is there hay that could be cut for the cattle over on Wolf River, to-
wards Oconto ?
A. Yes, but over on the southwest side of the reservation there is hardly
any hay to be cut.
Q. Is this logging work that you are doing satisfactory to you?
A. Yes; I am working in that burnt timber and I am picking up all that
"down" stuff.
Q. How long has that been there?
A. It has been burnt three years.
Q. Nothing but the white pine is any good, of course?
A. Well, the hemlock is good, the hard part under the saps.
Q. What will they make?
A. No. 2 and No. 3. When we get 100 logs I realize about 40. We have
to cut them all in order to find if they are any good or not.
Q. What do you think it would cost per thousand to log them and get
them ' . the mill?
A. About $7.00 I think.
Q. Is there much white pine there?
A. Yes.
Q. Well, is the white pine any good?
A. Yes; you take this timber that has been laid down for many years, it
is good because it is all clear timber, seasoned and all that.
Mr. Ayer :
Q. Don't you think it would be a good business proposition to have the
timber on this reservation estimated?
Mr. McCall :
A. I have always thought that would be a good thing.
Mr. Ayer :
Q. You don't think there is two billion — do you think there is a billion
and a half?
Mr. McCall:
A. Yes, I think there might be that.
Q. How long do you think before they will be ready again to log that
part the foresters are leaving?
A. It takes very long, I think fifty years.
Q. How high are they leaving them?
A. 10 and 12 inches.
Q. How much good farm land is there on this reservation, as far as you
know?
82
A. Well, I believe there is all of about seven townships that is good
farming land. Four are particularly good ; three not so good, but they could
be used.
EXHIBIT 22.
Report of Mr. Edward E. Ayer's interview with Mr. Peter La-
motte, at Menominee Indian Reservation, Neopit, Wisconsin,
November 30th, 1913.
Mr. Ayer:
Q. How long have you been here, Mr. Lamotte?
Mr. Lamotte:
A. Three years.
Q. Do you think the mill has been of great benefit to the tribe?
A. Well, I think it is a benefit, but it doesn't make any money.
Q. You mean a benefit in so far as it has furnished more employment?
A. Yes, more employment; but the Indians don't get it. Before this plant
was here the Indians had more work — logging.
Q. But they only logged three or four months a year.
A. Yes; but after they would get through they used to work the farms,
but now you have to go to work every day and you have nothing to farm
with, and if you stop work for a week you are going to starve.
Q. Now, you say the mill doesn't pay?
A. It would pay if it was well taken care of.
Q. But is the mill a good thing — you said it didn't pay?
A. It doesn't seem to be paying.
Q. Have you ever asked to see the statement?
A. Yes.
Q. Well, that indicates that there have been some $444,000 paid into
Washington in the last two years, over and above everything.
A. Well, then, I must be mistaken.
Here Mr. Ayer explained in detail how the mill had been progressing,
showing by a statement before him just what money they had been making
on the reservation each year for some years past. Also explaining that the
books were absolutely to be relied upon.
Mr. Ayer :
Q. Do you think we ought to make a recommendation to have a certain
part of the funds turned over to individuals to make a farm?
A. That's all right.
Q. What do you think about sending five or six bright young men to
the College of Agriculture at Madison to have them learn to be scientific
farmers?
A. That's all right, too.
Q. Don't you think these lands all ought to be run out, showing what is
on every township in this reservation?
83
A. That would be another expense to the tribe.
Mr. Ayer here outlined to Mr. Lamotte his plan of recommending to the
Government that a portion of the tribal money be used for allotting farms
and getting them started.
Also his plan of recommending that say a thousand head of cattle be
put on the reservation to eat up the pasture now going to waste, for the
Government, if necessary, to cut hay enough to carry the cattle through the
winter.
Also of recommending that matters taken up by the tribe be accorded
immediate attention.
Mr. Ayer:
Q. What proportion of the tribe is dissatisfied, do you think, with the
plant here?
Mr. Lamotte:
A. Quite a few?
Q. 10 per cent?
A. I think more than that. My opinion is this, that the Indian can log
as good as the white man, or better. I think the mill should be leased and
the timber sawed so much per thousand.
EXHIBIT 23.
Report of Mr. Edward E. Ayer's interview with Mr. Wyeske-
sit, an old pagan Indian, at Menominee Indian Reservation, Neo-
pit, Wisconsin, December 1, 1913. Mr. Wyeskesit was accompanied
by Mr. Thomas Prickett and Mr. Frank Gauthier, the latter act-
ing as interpreter.
Wyeskesit :
The reason why I come to see this gentleman is to tell him how the
Menominees are in poor circumstances. You see this city here, it looks
nice and good. But where I live is the poorest settlement that there is on
the reservation — Zoa settlement, six miles away.
Mr. Ayer :
Q. What is the nature of the land up there; is there any good farm land?
Wyeskesit :
A. Good land, timber land ; but how am I going to use the farm ?
Mr. Ayer :
Q. I am going to recommend that the Government will advance money
enough to those who want to farm to build a house and barn and get a
team. Won't that help you?
Wyeskesit :
A. I want the views of this proposition placed before the tribe, and what-
ever action my people take, then I will give my opinion.
84
Q. I want your individual opinion.
A. My opinion is that when a man comes here I like to have him go
and be my witness to the poor conditions we are placed in up there. We
are in such poor circumstances we have no lumber ; some of my people
up there have bark for their roofs. We have no money to buy this lumber
up here.
Q. How do they live?
A. Go around and hunt and trap.
Q. Is there much game on the reservation?
A. There is, but there are some of us that are unable to hunt. We are
old and sick.
Q. How old are you?
A. 72.
Wyeskesit :
That was why I went to the war to fight for this country so that the white
people that I helped would help me when I am poor.
Mr. Ayer :
Q. How much pension do you get?
A. $208.00 a year.
Q. How much annuity do you get a year?
A. In the beginning I got $30.00 twice a year ; but now the money is being
used for other purposes ; it is sunk here.
Mr. Ayer :
In the past two years $444,000 was deposited with the United States
Government out of the profits of this plant. Isn't that good?
Wyeskesit :
If this plant was a paying proposition would I be poor; would I be
hungry? The white people you see here, they are the people who have
good things to eat.
Mr. Ayer :
But over and above the entire expense of this plant for two years they
have deposited $444,000 in the tribal funds at Washington. The money in
your funds at Washington now amounts to about two million dollars. If
this plant keeps on as it has for the last two years it will pay in a short time
all the money that has been put into it.
Wyeskesit :
Well, where is this money?
Mr. Ayer:
They are paying annuities out of it; if they should pay that all out at
once the Indians would be poorer in a few years than now; there would be
nothing to draw from.
Mr. Ayer here explained to Wyeskesit, through the interpreter, that
while he had come specially for the purpose of examining conditions at
the mills and in the woods, still in the meantime he would make strong
recommendations and suggestions that he hoped would benefit the tribe.
85
EXHIBIT 24.
Report of Mr. Edward E. Ayer's interview with Mr. Charles
Frechette, at Menominee Indian Reservation, Neopit, Wisconsin,
November 30th, 1913.
Mr. Frechette was accompanied by Mr. Frank Gauthier, Mr. Mose
Tucker and three other Indians.
Mr. Freschette presented a document which showed, as he understood it,
that pine timber had been sold for $57.00 in the log. Mr. Ayer explained that
his understanding was incorrect, demonstrating that the timber referred to
had been sold for $70.00 per thousand on the stump.
The remainder of this meeting was taken up by a discussion as to the
profits of the mill : Mr. Ayer showing how $444,000 had been added to the
tribal funds at Washington, from the profits of the mill during the past
two years ; the total amount of the funds at Washington, etc.
EXHIBIT 24A.
Report of Mr. Edward E. Ayer's interview with Mr. Louis
Oshkananiew, at Menominee Indian Reservation, Neopit, Wis-
consvi, November 30th, 1913.
Mr. Ayer :
Q. Do you live around here?
Oshkananiew :
A. I live away up on the northeast end of the reservation.
Mr. Ayer outlined his plan of recommending tribal cattle, asking if they
had good hay up there.
Mr. Oshkananiew said this plan would work out well up where he lived.
Q. Are you a farmer?
A. Yes, sir; I farm about enough to make my living, 19 acres. I raise
potatoes and corn.
Q. Don't you think that every 40 or 80 acres on this reservation ought to
be run out and estimated and the good grazing land, etc., all be found out?
A. Yes, sir.
EXHIBIT 25.
Report of Mr. Edward E. Ayer's interview with Mitchell Osh-
kananiew, at Menominee Indian Reservation, Neopit, Wisconsin,
November 30th, 1913. Mr. Oshkananiew was accompanied by
Mr. Joe Waupano.
Mr. Ayer:
Q. Are you working for the company?
86
Oshkananiew :
A. I was up to January, 1912.
Q. Couldn't you continue?
A. Well, at that time I was working here as timekeeper for this mill.
In December there had been a payment and the Indians got only $5.00 per
capita and they were not satisfied. Many of them did not have clothing on
their back. Now many of them came to me and when I heard their pleas
it touched my heart and I felt it was my duty to help my people. I went
to Washington to make my complaint to the Commissioner as a delegate
for my tribe. When I got down there we presented our complaint in writing.
When I came back to my position soon afterwards I was told by the fore-
man that he had been instructed by Mr Nicholson to keep the time himself.
Q. Then they must have found they could get along without you. Did
you accomplish anything by going to Washington?
A. We got $40.00 per capita.
Q. Don't you think you would have gotten this just as well without going
to Washington?
A. I don't know, but that was our impression — that we got it because of
my going there.
Q. How long was it before you got back and asked for your place again,
after you left your employment to go to Washington?
A. It was not more than six weeks, from the time I left until the time I
came back.
Q. What were you getting a month?
A. $2.00 a day— $52.00 a month.
Q. Well, now, have you ever worked for the company since?
A. This spring I made an application to Mr. Adams and he told me that
when there was an opening he would let me know. I have been waiting,
but haven't got a place yet. Now, when I came back from Washington
in the spring there was a clerk that had been discharged and I made
application for that, but I got a letter from Washington that Mr. Nicholson
had not recommended me. So I couldn't get the place, although I made an
effort.
Mr. Ayer:
Q. What would you suggest as a better way to handle this work?
Oshkananiew :
A. The Indians have been clamoring to log. When they did log they
prospered, they had money in the spring to buy cattle and corn, and they
worked their farms more than they do now.
Q. Do you refer to the general body of Indians or just the contractors?
A. The whole tribe.
Q. Do you know how many Indians have worked here the whole year, on
the average?
A. No.
Mr. Ayer :
Q. Well, I can tell you: about 270. Now would it be good business to
let these contracts to Indians to log if the mill could do it cheaper by having
their own foremen and working the Indians as laborers? Isn't it the truth
that there are more Indians working now than ever?
87
Oshkananiew :
A. Well, yes, now they are picking things up around here, but there are
not many in the woods.
Q. Yes, but I refer to the last year and they have been making money.
A. Well, when they were logging they raised more farm products than
they ever did before.
Q. Would you recommend that the mill be stopped and the logs sold?
A. No.
Q. Every Indian, man, woman or child, can have access to these books
whenever they want it, and you get statements showing the accounts of
this mill. The Government issues these statements and the books at the mill
are immaculately right. The books are kept by the United States Govern-
ment and audited by the United States Government. If any man should
issue a false statement he would be sent immediately to the State's prison.
If any man tells you that these books are not true he doesn't tell you the
truth.
A. Now, if they have so much money why are they starving the Indians?
Q. That isn't the fault of this mill. The Indian Agent here cannot spend
a cent except by the order of the Indian Department. The Government is
at fault.
Mr. Ayer :
Q. Now you have been perfectly frank with me, but you haven't told me
wh?' Mr. Tyrrell, the attorney, is here for. Don't you want to tell me?
Oshkananiew :
A. Well, we are being mistreated. We want an attorney to speak for us.
We cannot speak as well as an attorney. We want justice and we are not
being treated right under the present way of doing things. We want our
lawyer to get justice for us and we will keep him and pay him until we get
justice.
Mr. Ayer answered that in his judgment the right way to handle their
grievances was to take them up with Washington, not to give their money to
the attorneys.
EXHIBIT 25A.
Copy of a letter dated Neopit, Wisconsin, December 3, 1913,
from Mr. Mitchell Oshkananiew, of the Menominee Indian Tribe,
to Mr. Edward E. Ayer, Chicago.
NEOPIT, Wis., Dec. 3, 1913.
HON. EDWARD E. AYER,
Railway Exchange Building,
Chicago, Illinois.
DEAR SIR:
I wish to write to you in connection with D. F. Tyrrell, an attorney whom
you have met when you were here. You have had a long interview with
him in the office at Neopit, and no doubt you may have formed your opinion
of this man by the way he talked and his demeanor towards you.
I met this man three times during the past year. I saw him once before
on the train in 1909 and that was the first time I ever met him. I did not
know what kind of a man he was until yesterday.
88
He sent word to me at my home, in the afternoon, that he wanted to see
me at the hotel, where he was stopping, at Neopit. I went there and when I
entered the house I saw several Indians sitting in the room and he was the
central figure.
He then told me certain things which indicated that he was displeased
because he had been informed that I was working against him.
I did not like the way he talked to me in presence of the Indians, so I
asked him for a private interview. We then went into a room by ourselves
and I asked him for an explanation and it only resulted in a quarrel between
I and him. He told me what he thought of me and I did the same.
On the morning of December 2d I was at the same hotel where Tyrrell
was stopping. Two Indians were getting ready to go in the woods to look
over the timber, and before they went Tyrrell was giving them instructions
what to do there.
I find that many of the Indians actually believe Tyrrell is a great lawyer
and that he can accomplish much good for the Menominee Indians. Thomas
Prickett, an adopted member of the Menominees, has been working hard to
create such a feeling among the members of the tribe.
Tyrrell is very active at present, evidently for the purpose of getting the
good will of the tribe. I understand he is trying to get a contract from the
Menominee Indians to employ him as their attorney, at an annual salary of
$4,000 per annum.
Members of the tribe told me that in compliance with Tyrrell's request
they had collected $150 in cash for him a short time ago before he went to
Washington, D. C. After his interview with you in the office at Neopit,
Monday morning, December 1, 1913, the Indians said that Tyrrell told one
of them that he had convinced you that he was right. When this news went
around the Indians felt glad. And as a result, I hear, the Indians are going
to collect some more money to send Tyrrell again to Washington, D. C.
I do not desire to say anything against any other attorney who may be
associated with him along this line, but as regards Tyrrell, it is my impres-
sion now that he is not the right kind of a person to have anything to do
with the Menominee Indians, and his connection with them ought to be
severed at once for the good of the tribe.
Yours truly,
MITCHELL OSHKENANIEW.
EXHIBIT 25B.
Copy of letter from Mr. A. S. Nicholson, Supt. Menominee
Indian Mills, to Mr. Edward E. Ayer, dated Neopit, Wisconsin,
December 4th, 1913.
DECEMBER 4, 1913.
HON. EDWARD E. AVER,
Chicago, Illinois.
DEAR MR. AVER:
For your information, last evening, December 2d, about six P. M., Mitchell
Oshkenaniew came to my house and desired an interview, which I gave. His
story was about as follows :
He and Mr. Tyrrell had a quarrel. It seems Oshkenaniew, who is head
and front of stirring up present trouble, spoke disparagingly of Mr. Tyrrell's
ability on the showing he made. Tyrrell accused him of working against
him and of commencing to stir up feeling against his securing a contract
with the tribe. Hot words passed. A division ensued between the Indians,
with much feeling for and against. In course of his remarks Oshkenaniew
said that Louis LaFrambois had mortgaged his house in Marinette for
$200.00 which money was sent to a Mr. Ballinger, an attorney in Washington,
to secure his interest in having an investigation made. He intimated that
in the meantime efforts were to be made here to create feeling and get up
any evidence they could. Mr. Ballinger is connected with Mr. Tyrrell.
Last night, and for several nights, meetings were held to take up a col-
lection to pay Mr. Tyrrell ; about $150.00 was collected and Oshkenaniew
says paid to this man.
He says also that Tyrrell was trying to get a contract with the tribe ; $4,000
yearly, and double that amount if successful. I told Oshkenaniew plainly
that he came to me too late, that I had known for some time the interests
that lay behind the attacks and the purpose desired. That I was not inter-
ested in his statement. If he had any to make and was undergoing any
change of heart, he could write to you, and I gave him your address. "Where
rogues fall out just men get their dues."
I could have showed you wherein every man connected with these com-
plaints has been caught by me in crooked transactions and been disciplined.
Yes, even jobs put up by them in hope that employees here would fall. That
is thr nope of this kind, that they can get rid of anyone who will not work
their way. If I were to start at the head of the list, I could go down the
line and find each one an utterly unprincipled character, who has been caught
red-handed and the evidence in the office.
Pardon me for bothering you, but I thought you might like to know of
this development.
Sincerely yours,
A. S. NICHOLSON,
Superintendent.
P. S. — An example of the pity of this whole thing and how it rebounds
against the interest of the Indian in actual money loss, wages and all con-
sidered.
Mr. LaFrambois who paid the above-mentioned money has just been to
the office and asked to have no deduction for house payment, supplies, etc.,
taken from his wages this month as he says his child is very ill and he wants
to use money to consult specialist outside. He had but very little wages
coming, due to fact that he was not working but spending his time running
around.
Such situations as this are always the case, the poor Indian is induced to
part with his money on any pretext, then when the emergency arises he has
nothing.
Sincerely yours,
A. S. N.(
Superintendent.
90
EXHIBIT 25C.
Correspondence between Mr. Edward E. Ayer and Mr. Mitch-
ell Oshkenaniew, regarding the law firm of Tyrrell and Bal-
linger.
NEOPIT, Wis., Jan. 7, 1914.
HON. EDWARD E. AVER,
Chicago, Illinois.
DEAR SIR :
One of my friends told me a short time ago that he asked Thomas Prickett
how Tyrrell was getting along at Washington and that Prickett told him
that Mr. Tyrrell stood very high above all others in Washington, D. C.
And yesterday I had talk with another member of the tribe who stands
close to Prickett. I asked him what promises Tyrrell was making to the
Indians, as to what he could do for them, and he told me that Tyrrell was
trying to get annuities for the Menominees and that he was also endeavoring
to have an investigation made of Neopit affairs. That last Friday or Satur-
day Louis LaFrambois received a letter from Mr. Tyrrell stating that the
Assistant Commissioner was favoring him. That the Commissioner of
Indian Affairs was out west at present and that when he returned he was
going to take up Menominee matters ; that he was coming here to make an
investigation. That it made no difference what Mr. Ayer or anybody else
reported, that the Commissioner of Indian Affairs was going to make the
investigation in person and that he was going to the bottom of the whole
business.
Yours truly,
MITCHEW, OSHKENANIEW.
NEOPIX, Wis., Jan.' 7, 1914.
HON. EDWARD E. AYER,
Chicago, 111.
DEAR SIR:
In addition to what I wrote to you this day, I will say that during the
month of September last Mr. Webster Ballinger wrote a letter in which
he stated that the "Total loss to the tribe during 5 years' operations, approx-
imately $1,429,426.43."
Yours truly,
MITCHELI, OSHKENANIEW.
CHICAGO, January 8, 1914.
MR. MITCHELI, OSHKENANIEW,
Neopit, Wisconsin.
DEAR SIR :
I have your letters and contents noted. Will you kindly let me know who
Mr. Webster Ballinger wrote the letter to, mentioned in yours of January 7th?
Yours very truly,
EDWARD E. AYER.
91
NEOPIT, WiS., January 13, 1914.
HON. EDWARD E. AVER,
Chicago, 111.
DEAR SIR :
Mr. Ballinger wrote the letter to me.
Yours truly,
MlTCHEU. OSHKENANIEW.
EXHIBIT 26.
Report of Mr. Edward E. Ayer's conversation with Mr. D. F.
Tyrrell, attorney, of Gillette, Wisconsin, December 9th, 1913,
in Mr. Ayer's Chicago office, in regard to the affairs of the Me-
nominee Indian Reservation.
Mr. Tyrrell:
Mr. Ayer, during the course of the last conversation which I had with
you while at Neopit and just before you left, you referred to the critical
condition of the Menominee Tribe due to the great dissatisfaction and the
feeling of unrest which prevails throughout the reservation. If I remem-
ber rip;!it you referred to the condition of the tribe as being dangerous.
You also made the statement that you felt that I had a great influence with
the tribe and that, owing to that influence, I was the proper person to quiet
this feeling of dissatisfaction and unrest, that I should inform the members
of the tribe that conditions were all right on the reservation, that the tribe
was making money and urge the members to turn their attention to agri-
culture.
I answered you, at that time, that I did not consider the conditions on the
reservation all right, that I did not consider the tribe was making money,
but on the contrary losing money, that I did not consider it advisable to
urge the members of the tribe to go to farming until the conditions existing
on the reservation had been corrected and means provided whereby they
would be able to support themselves while clearing their farms and to build
the necessary buildings and provide stock and farm machinery, and that,
even if the necessary means were provided at this time, the move would not
be successful so long as the tribe felt that tribal property and funds were
being wasted through the operations at Neopit and that, as an honest man
and an attorney, I could not look the members of the tribe in the face were
I to advise them to lay down before the rights, for which they were striv-
ing, had been attained.
Your reference to the influence which you felt I had with the tribe,
coupled with the fact that I realized as you did the gravity of the situation
existing on the reservation and the further fact that I felt I had, in a large
measure, the confidence of the tribe, and that they were depending upon me,
locally, to safeguard their interests and advise them honestly and fearlessly,
placed upon me. Mr. Ayer, a responsibility which I carried from your pres-
ence and which I felt was paramount to any personal interest which I might
have in the premises.
92
I felt then, as I do now, that the great dissatisfaction existing throughout
the reservation must be checked and wiped out at once or great injury and
suffering would result, not only to the tribe but also to the individual mem-
bers thereof.
Moved by these considerations, I took up the matter with some of the
leaders as well as other members of the tribe.
The result that we arrived at the conclusion that this discontent and
dissatisfaction would remain unless the conditions and circumstances which
brought them about were eliminated.
We also arrived at the conclusion that there was but one of two ways
by which the existing conditions could be eliminated.
First. By a thorough investigation of all tribal matters. It was sug-
gested, however, that this investigation would undoubtedly prolong this feel-
ing of dissatisfaction and unrest for a considerable time, as it would simply
lay the foundation for the remedial measures, which would, of necessity,
have to be taken in order to change the conditions existing and which would,
of course, take time.
Second. By allowing the tribe to employ attorneys through whom and by
whom the conditions prevailing upon the reservation could be made known
to the Department and the proper remedies applied by the Department, and
by allowing the tribe, through its attorneys, to sue for the loss which it has
sustained through the operations at Neopit and by the Department taking
the tribe into its confidence to the extent of listening to and investigating
any recommendations that the tribe might make with reference to the men
placed over it.
It was felt that, if this last course be taken, it would ultimately attain all
the results of an investigation but with this in its favor, that it would quickly
allay this excitement and dissatisfaction as the members of the tribe would
feel that their rights were being safe-guarded and that gradually and in an
orderly manner the conditions to which they are subject would be righted.
The conclusion was also reached that, unless this last course was adopted,
the only other course was an immediate and thorough investigation of tribal
affairs.
Mr. Ayer :
Q. Who are the "leaders of the tribe"? Give me their names.
Mr. Tyrrell:
A. There are a great many — I could not give you all the names. There is
Louis LaFrambois, Tom Prickett, Adolph Amour, Tom LaBell, Joe Long-
ley, Joe Wabeno, Paul Tebeau, Sam LaFrambois, Frank Gauthier, Mose
Tucker, Simon Beauprey, George McCall, Joe Law, Pywaukee, Wyeskesit,
and many others whom I have not space to mention, but who enjoy in an
equal measure the confidence of the tribe.
Mr. Ayer:
Q. What is the nature of these claims that the Indians have got: do they
want to collect for what was lost before the mill was started, by the wind
break and that sort of thing?
Mr. Tyrrell:
A. We have put that out very fully in our application to the Department.
That is, the operations at Neopit have entailed a loss of over $1,000,000,
93
including the loss entailed by the blow down and from the lumber operations
since the building of the mill.
And then there is a bill pending before the Department for the enrollment
of a large number of half bloods, and the members of the tribe desire
every man to become enrolled who can show a legitimate right to be there,
but not otherwise, and they wish to be protected against those who have
no right.
Then there is the claim which the tribe has against the Government and
the Stockbridge Indians for the timber cut on what is known as the "Two
Mile Strip" as well as many claims growing out of tribal treaties.
Mr. Ayer :
Q. What do you think about the recommendation I am going to make,
that the Indians take up farms? Don't you think it is a good one?
Mr. Tyrrell:
A. I believe that, applying to a large number of the Indians on the
reservation, it is the ultimate solution of their social welfare. I am also
convinced, as I have stated before, that I do not consider it advisable for
the Indians to undertake farming on the scale contemplated by you, until
the conditions now existing on the reservation are remedied and also help
extended to them. I firmly believe that if the existing conditions are met as
I have suggested, a number of the Indians would select their farms and
begin next spring, providing, of course, that some method was devised by
which they could get help.
Mr. A''er:
Q Have you taken this up with the Department?
Mr. Tyrrell:
A. No. That would really be a matter that would be outside the scope of
our employment, although, it could, if desired, be made so; that is, to make
suggestions, etc., as to the methods by which help could be extended to those
farming.
Mr. Tyrrell:
If you feel that you can recommend that the tribe be allowed to employ
its counsel and allow them to work out a solution with the Department of
the conditions existing, which would relieve the intense feeling among the
tribe, and also recommend that the Department as much as possible take the
tribe into its confidence and pay attention to and investigate the recommenda-
tions which the tribe might consider proper to bring to the attention of the
Department, with reference to its employees, I feel that a good step would
be taken.
Mr. Ayer:
Q. Well, now, the matter of expense is a very important one. Now, what
would the expense be?
Mr. Tyrrell:
A. Our contract provides for $8,000 a year for Mr. Ballinger and myself.
We contemplate a local man near the tribe and Mr. Ballinger in Washington
to attend to matters there, we jointly to handle the litigation of the tribe.
Mr. Ayer :
Q. Well, of course, you would be the local man?
94
Mr. Tyrrell:
A. Yes ; I would be the local man. I feel that, while I have their con-
fidence, I have no "cinch" on the tribe. They are at liberty to hire anyone
they please.
Mr. Ayer :
Q. When I was at Neopit you said you had never received one cent of
compensation.
Mr. Tyrrell:
A. Up to date I have never received one cent of compensation. About
three and a half weeks ago I received $125.00 which has not been sufficient
to meet my expenses to Washington, and since that time.
Mr. Ayer :
Q. That came from the tribe?
Mr. Tyrrell:
A. Yes. At the present time I am guaranteeing my expenses myself, and
if they are not paid by the tribe I have to foot them myself. The tribe is
under no legal obligations to me for any services I have rendered them to
date, but the conditions there have been and are so urgent that they require
immediate attention, so much so that I could not allow the lack of money
on the part of the tribe to keep me from doing what I could to see that
justice is done them. Mr. Ayer, I don't know whether your attention was
called to the condition of the pagan Indians or not?
Mr. Ayer:
A. No, I didn't have the time to look into that.
Mr. Tyrrell:
A. At Mr. Wyeskesit's request I visited several families of pagan Indians.
I was able to endure but three families : their condition was so pitiful and
demanded so much relief that I simply turned sick and I could not continue
visiting the remaining families there.
Mr. Ayer :
Q. You are perfectly satisfied that every opportunity was given you at
the plant to present your case, under the circumstances?
Mr. Tyrrell:
A. No. I cannot say that, from the fact that I could have kept your men
there at least two weeks.
Mr. Ayer :
Q. That would not have been consistent.
Mr. Tyrrell:
A. But when you consider that the conditions to which we called atten-
tion are practically the prevailing conditions over the entire area of opera-
tion, you can see that we could cover but a small fraction in the few hours
that we were out. I must say that I do not consider that "every oppor-
tunity" was given me to present our side of the case. Far from it, Mr. Ayer.
Mr. Tyrrell :
Q. What would be your position in this matter, if I may ask?
95
Mr. Ayer:
A. I would not recommend any attorney or attorneys, because it would
be a division of authority, there would be two different interests that the
Indians could go to. Every time an Indian was discharged, or anything
else, he would come to his attorney and that would mean a report to
Washington and the superintendent would make another; and it seems that
in any business the more divided authority you have the more you are
liable to fail.
Now, if the United States can have a man that is taking care of 40,000,000
feet of lumber a year practically, cutting, sawing and selling, and then have
charge of 1,700 people, sick, lame and lazy, and all for $3,500.00, I certainly
would not recommend that they pay lawyers $8,000 a year for presenting
the ordinary business of the tribe which the Government is under obliga-
tions, through their Indian Department and special agents, to attend to
themselves. I would not recommend anything of that kind.
Mr. Tyrrell :
As far as the "division of authority" is concerned, I don't believe there is
any contract that contemplates any division of authority and there certainly
would not be any.
Mr. Ayer:
Yet you say that you would present their grievances, etc. If you had the
power and right to go in on the reservation and listen to the complaints
of those who had a grievance. The Government has its agent there for
that purpose and I don't believe the Government has any right to permit
the Indians to spend any money for attorneys. If there are individuals
that .vant to employ attorneys and they have money to pay for them, all
weli and good.
Mr. Tyrrell :
Now, if you knew the number of cases I have had to attend to which
demand attention
Mr. Ayer :
You mean in this tribe? Then in that case you have been doing part of
the duties of the Indian Agent, of course.
Mr. Tyrrell :
No, not at all. These are matters which the Government should have
attended to, but which the Government never has and I don't believe the
Government ever will.
Mr. Ayer :
Am I to consider, then, that you haven't any faith in the Government ever
settling these claims?
Mr. Tyrrell :
I have absolute faith in the present officials at Washington, connected with
the Indian Department. But I don't believe that it is possible for the Indian
Department, through its local department, to obtain for the Indians that full
measure of justice which an attorney, who is employed for the tribe and paid
out of tribal funds would secure.
96
Mr. Tyrrell:
In connection with this "blow down" in the logging district, some of the
members have approached me and stated that they felt the tribe would
desire the settlement of these claims, with the exception of that of Cook,
upon the basis of what was actually due the contractors at the time of the
closing of operations, with a reasonable per cent interest, providing we as
their attorneys would stand between them and the suing contractors.
Mr. Ayer :
You think they would save money by having you do that?
Mr. Tyrrell :
Now understand, Mr. Cook, outside of his own claim, has claims, I have
been informed, aggregating in the neighborhood of $100,000 if not $130,000 —
I don't know. I believe those claims could be settled for an amount in the
neighborhood of $25,000 to $30,000, or, in other words, for the amounts due
the contractors at the time of the closing down of operations with a reason-
able per cent interest Understand, I am not referring to Mr. Cook's per-
sonal claim in this connection or at any time with reference to these claims,
but simply to those claims which, I have been informed, Mr. Cook has taken
to collect for certain other contractors, including a number of Indians.
Mr. Ayer :
There were certain deductions made by Mr. Brannif from all the claims,
the reasonable cost for running the logs, as they never were run. Then,
in addition to that there were penalties for cutting green timber, etc., which
he docked them for, too. Now, isn't it a fact that the Government has con-
sidered these deductions and if anything ever is paid out it goes to a few
white men. How do you save money for the tribe in that way?
Mr. Tyrrell :
Mr. Cook's claims call for not only the amount actually due, including
those deductions, but also claims for damages for breach of contract, etc.,
which bring it up from $25,000 to $100,000 and over. Now, if it is considered
that these claims are proper to be paid it means that the sum of $100,000
will come out of the tribal funds. Now if the tribe is allowed their attor-
neys and they can settle for $25,000, they are saving the difference between
$25,000 and $100,000.
Mr. Ayer :
I see. The Government claim that they don't owe anything. Now, these
men who have $100,000 damages, etc., you think you could get off?
Mr. Tyrrell :
These Indians who have contracts and who have certain amounts com-
ing on those contracts and which have been held back have stated to me
that they thought the tribe would be willing to vote for settlement on the
basis of what they claim was actually due, with a reasonable per cent of
interest, providing we represented the tribe to see that these conditions
were brought about which I have just outlined.
Mr. Ayer :
Isn't it a fact that the Indian Department and the Government claim that
they don't owe these claims? Isn't it a fact that if they paid any money
97
on those claims of any name or nature it would only go to the few loggers
who have those claims and would come out of the funds of the Menominee
Indians ?
Mr. Tyrrell :
The position I take is that the Government will have to pay every dollar
due on these contracts. Certainly it has got to come out of the tribal funds,
but they would be willing to pay this because there was a chance that they
would have to pay more if they went to law.
Mr. Ayer:
Mr. Tyrrell, your coming here to discuss these things with me is perfectly
proper.
Mr. Tyrrell :
I take it so.
Mr. Ayer :
And it is just as proper for me to disagree with you.
Mr. Tyrrell :
Absolutely. Mr. Ayer, I have given this matter a great deal of time and
attention, through the fact that I feel that these conditions must be done
away with, the tribe must be quieted and as many as can must be taught
farming.
Mr. Ayer :
Yes, that is one of the first things I took up with them.
Respectfully submitted.
EXHIBIT 27.
Copy of Mr. D. F. Tyrrell's letter to Webster Ballinger, Wash-
ington, D. C., which was forwarded to Mr. Ayer by Mr. Sells,
with letter dated December 4th, 1913.
(Copy)
Law Office of
D. F. TYRRELL
GILLETTE, Wis., Nov. 24, 1913.
WEBSTER BALLINGER,
Washington, D. C.
MY DEAR BALLINGER:
Have just returned from Shawano where I met a number of Menominee
Indians. They inform me that for some time now the officials have been
cleaning up around the mill yard and in the woods.
In the yard they have been cleaning up and piling all pieces of lumber that
they had allowed to be scattered around and have covered up other lumber
98
with refuse and ground up wood from the "hog" in order to get it out of
sight.
In the woods they have commenced to dray in the logs that they had
left to spoil and to deck up other logs that they cannot dray in now.
In other words, they are "slicking up" for some reason and to my mind it
looks as though it was in contemplation of a "visitor."
The Indians tell me that this cleaning up had never been done before, so
it looks as though something has been "tipped off" to the officials here. This
is an additional reason why I should be allowed to point out these things.
This information should be brought to the attention of Mr. Sells at once
so that he will know just what the conditions are here. I am writing this
at 11.00 P. M. at night so that it will go on early morning train and reach
you as early as possible. One Indian informed me that he had been dis-
charged because he had objected to their covering up a large number of
pieces of two-inch hemlock plank.
Be sure to bring this matter to the attention of Commissioner Sells with-
out delay.
Yours in haste,
(Signed) D. F. TYRRELL.
MY DEAR MR. AVER:
Herewith find copy of a letter which may be of interest to you. The letter
has just reached me and I am sending same to you at my first opportunity,
that you may have the benefit of its contents.
Sincerely yours,
CATO SELLS,
Commissioner.
HON. E. E. AYER,
Care Menominee Mills.
EXHIBIT 27A.
Copy of Mr. D. F. Tyrrell's letter to Mr. Ayer, dated January
27, 1914.
Law Office of D. F. Tyrell.
GILLETTE, Wis., January 27, 1914.
MR. EDWARD E. AYER,
Chicago, 111.
DEAR SIR:
In looking over my correspondence I find that a letter from you, con-
taining the following inquiry, is unanswered.
"You mentioned several times, at Neopit, that you thought there was
plenty of Indians there perfectly capable of running logging camps and to
take almost any position around the plant or in the woods. Would you be
kind enough to give me the name of those you think would be capable of
99
that kind of work? I certainly agree with you that wherever possible such
Indians should be worked in as good places as they can fill."
With reference to your inquiry, I desire to reiterate that there are plenty
of Indians perfectly capable of running logging camps and of filling many
positions now held by white men on the reservation. I would not attempt
to name these men for they are well known to Superintendent Nicholson and
you could very easily have ascertained the truth of my statement by a little
inquiry while upon the reservation.
Very truly,
D. F. TYRREU,.
EXHIBIT 28.
Report of Mr. Edward E. Ayer's interview with Mrs. Myrtle
W. Marble, Field Matron, Keshena Indian School, Keshena,
Wisconsin, regarding her work on the Menominee Reservation.
Mr. Ayer:
Q. How long have you been in the work and do you notice any improve-
ment following your labors?
Mrs. Marble:
A. Approximately six months on this reservation. Much of my time has
been consumed in getting thoroughly acquainted with the Indians, especially
the wjmen, acquiring their good will and confidence, and learning of the
act' A conditions in the homes. I have found but two women openly hostile
toward me on my first visit, but these have been won over and now welcome
me into their homes. One of these so far forgot her antagonism as to come
and see me when she came to the agency. Both are among my very best
friends on the reservation. The women generally have taken kindly to my
suggestions and it is a daily occurrence to have them call on me for advice
or assistance during sickness, trouble, domestic or otherwise.
Mr. Ayer:
Q. How many homes do you try to visit?
Mrs. Marble :
A. About one hundred within a radius of eight miles of Keshena, the
agency, and my home. Occasionally I make trips into more remote sections,
but not regularly.
Q. What percentage of these Indians are pagans?
A. Probably two hundred or thereabouts in the entire tribe, but less than
half of these are in my immediate vicinity. While not so ready to under-
stand and profit by the instruction given, the pagans are fully as friendly,
welcoming and expressing appreciation of whatever kindness shown them.
Q. How often do you drive out into the reservation?
A. Every day, unless the weather is extremely bad, with the exception of
Saturdays and court and council days, I try to drive to some home. Some-
times this is not possible owing to the fact that I have no team for my
100
exclusive use. When no team is available, I walk to the homes at and near
Keshena, making periodical trips to the Menominee hospital. Saturdays and
stormy days I devote to keeping up a record of my work and answering the
demands of the older people who come every alternate Saturday — ration day.
Q. What do you teach?
A. Everything which I think will aid them in making their homes better
and more healthful. I touch on ventilation, sanitation, disposal of garbage,
cleaning yards, screening windows and doors, cooking, nursing and cleanli-
ness of person and house. I urge the women to be more systematic in their
work, although there are many very good housekeepers among the Menomi-
nee women, and encourage them in the practice of their native arts — basketry,
buckskin and bead work, rug making, etc. — and endeavor, so far as possible,
to find them customers for their finished products. In this connection I am
contemplating the establishment of a sort of small exchange where those who
wish can exhibit their handiwork, with prices displayed, and thus procure
customers which would not be possible if the work were kept at their homes
until called for.
Mr. Ayer:
Q. What do you do for the children?
Mrs. Marble:
A. First of all, if health and age permits, I seek to get them into school,
if they are not already regularly attending. In case parent or child objects,
I try to overcome their objection by showing the benefits of education. Fail-
ing in this, the matter is reported to the office at Keshena, with all the facts
obtainable and the task of getting the child into school, or hospital if health
requires, is taken off my hands. I have found few cases, however, where
the parents were unwilling to listen to reason, and a friendly feeling exists
toward all schools.
Q. What action do you take when you discover contagious or infectious
diseases?
A. In cases of grown persons the matter is reported to the agency phy-
sician, who calls immediately if not already familiar with the case. Where
children are concerned, they are induced, if possible, to go at once to the
hospital where examination is made for tubercular symptoms with a view to
getting the incipient cases into sanatoriums for systematic treatment. Where
trachoma and other diseases are found the agency physician handles the case.
I have personally conducted a class of six tubercular pupils to the sanitorium
at Fort Lapwai, Idaho, and the reports brought back from that institution
make other parents more ready to send their children away from this damp
climate for treatment.
Q. What do you do for the cases which remain at home?
A. Give all possible instruction and care to prevent the communication of
the disease to other members of the family. Urge other occupants to stop
indiscriminate expectoration, the use of suitable sputum receptacles and the
burning of the same, the extermination of the bed bug as one means of pre-
venting the spread of disease. I have personally applied and distributed
considerable quantities of bed bug exterminator and found much satisfac-
tion followed its use.
Q. So far as you have gone, what do you consider the greatest need in
the homes?
101
A I would say that the installation of screens on doors and windows, if
properly used, would accomplish the greatest good to the greatest number.
I find it impossible, however, to secure this simple improvement, especially
among the aged and infirm Indians, for the reason that they have no means
of purchasing the necessary material and are unable to do the work per-
sonally. Outside a little output of bead and other handwork, these people
have no means of earning money, and such annuities as they may receive
are required for their subsistence.
I shall suggest to the office that a special effort be made to issue the neces-
sary lumber and wire screen to these people who are unable to buy, when in
the judgment of the superintendent, physician or field matron, proper use
will be made of such materials. There are sufficient tribal funds to take
care of matters of this kind and the aged and infirm ones are to receive
little benefit from this fund unless a portion of it is expended for such
protection to health as herein indicated. Many of the most needy and deserv-
ing ones — especially among the full bloods — will not make their own wants
known and too often their necessities remain unsatisfied until those in
authority accidently discover conditions and apply relief.
Mr. Ayer:
Q. As a tribe, what do these people need?
Mrs. Marble :
A. To be taught to live together more harmoniously and with less of
jealousies and fault-finding among themselves. They are, as a people, quite
good to their children and to the children of others, but slow in helping each
other in sickness and need. Very often they are willing, but lack leadership ;
therefore do little. I have made special effort along this line and have found
many of the people quite ready to assist as soon as they understand what
to 'j. The tribe also needs some good wholesome instruction on the mar-
riage relation, which is not held in as high esteem as it should be, although
from reports conditions are much better than formerly. The parents also
often permit their children to marry at a very early age and the sending of
the larger girls away to non-reservation schools seems to be absolutely
necessary to prevent their marriage before womanhood is reached.
Q. What do you think of the establishment of a girl's cottage home, where
every-day housekeeping could be taught in a general way.
A. This is an idea I have already proposed to the agent. In the average
Government or mission school, where girls are taught to work with modern
equipment in all departments, they complete their education and leave abso-
lutely without knowledge of the things actually required in the homes to
which they are most likely to be called. Of what benefit is it for a girl to
know how to operate a bread-making machine or a steam mangle, when she
is confronted at home by the simple bread pan and the rusty flatiron?
I am not disparaging the usual method of education, but think the average
Indian girl would be able to do more toward civilizing her people if she were
taught to make the best possible use of the appliances and furniture at hand
in the average home, rather than to pursue the higher education when it will
not be required later. It is impossible to make farmers out of all the Indians,
so it is difficult to make finished domestic science graduates out of all the
girls.
102
EXHIBIT 29.
Report of Mr. Edward E. Ayer's correspondence with Mr.
A. S. Nicholson, Superintendent of the Menominee Indian Mills,
at Neopit, Wisconsin, arranged in the form of questions by Mr.
Ayer and answers by Mr. Nicholson, dated between the 3d and
15th of December, 1913.
Q. You are the Manager and Agent of the Menominee Indian Reserva-
tion, are you not?
A. I am Superintendent of the Menominee Indian Reservation in general
charge of Indians, schools and the Neopit Lumber Operation, subject to the
instructions of the Commissioner of Indian Affairs, Washington, D. C.
Q. I find a good deal of complaint about your management here by a
portion of your charge. In a general way please tell me why these men that
are dissatisfied are not at work.
A. The complaint on part of certain Indians against my management is
not a fair one. The sentiment shown is purely manufactured, based on no
reasonable shadow of substance. It is purely the effort of the dissatisfied
and those whom I have been compelled to discipline in my capacity as ad-
ministrator of law and regulation and teacher. It is simply the effort of the
few unprincipled faction leaders. Seizing upon every pretext, twisting
everything that will suit their purpose, manufacturing false evidence, preach-
ing waste of Indian money, not borne out by the record. Distorting every
conceivable kind of thing to gain their ends in order to influence and poison
the minds of their simpler fellow Indian. It is openly charged I spend the
Indian money as I see fit, while as a matter of fact I cannot spend one cent
without previous authority of the office for which purpose and strong justi-
fication must be shown and account by sworn voucher in turn for every cent
for which I am bonded to the Government for $100,000.00.
To understand better, the Indians are told on failure or delay in payment
of annuity that their money is all gone, that I spent it. As a matter of fact
their interest money amounts to about $80,000 yearly, which, under the law,
the Secretary of the Interior alone is authorized to expend for the best inter-
ests of the Indian. The expenses of agency and Government schools is about
$50,000 per annum. This includes salaries, supplies, rations and clothing,
support of hospital and employees, road improvement and such general
expenses as repairs, etc. The Indian gets considerable part of this in shape
of wages. There is $18,000.00 expended on contract mission school facili-
ties. The Secretary is authorized, if he sees fit, to distribute the balance in
shape of annuity. They received such only for past 6 years out of accumu-
lated interest at rate of $30.00 per head, men, women and children. The
tribe first logged in 1880. It took them 30 years to roll up the sum of little
over two million dollars. One million dollars is invested in this town and
plant as a combined educational and business proposition. When I came
here the tribe had in the Menominee Log Fund, June 30, 1910, $1,296,558.82.
I took hold October 1st, 1910, taking place of former manager. Each year
since has seen progress. The first year was a stupendous task on part of
every one to shut out loss. Remember I had to sell a product manufactured
before I took hold, costing more than it would bring in market. Notwith-
103
standing this the figures of the books of the Treasury Department, Wash-
ington, D. C., show this fund to have on date of June 30, 1913, reached
$1,737,550.67, a net result benefiting the tribe $440,991.85; at this rate their
original fund will be duplicated under ten years.
Copies of the official letter showing these figures were placed in the hands
of the tribe and the perfectly unscrupulous persons interested immediately
preached to the Indians that figures were not true, that books were doctored,
etc. Every appeal to passion, prejudice, argument is used in secret to acquire
following. It is pointed out that whites have all the good jobs and Indians
all the poorer ones. They are told they are competent to perform the work,
etc. In addition to this certain powerful interests outside who have always
been opposed to this plant add fuel to the flame by misrepresentation to
the Indians, having, I am almost certain, Indians here in their employ.
Again, there is the liquor and traders' interests whom I have to combat,
punish in first instance, and discountenance Indians going into debt in
second case. They preach against the agent in charge, saying he is the
one responsible for lack of money to spend. How powerfully the Indian
takes this can be easily seen when he goes in a store to get a line of credit.
The records of the men interested are and have been records long before
I took charge. In fact, to curb them was one of the reasons I was sent
out here. Without going back, let me give you a short record of a number
who talked with you. Records in black and white of this office.
THOMAS PRICKETT. Part blood. Indian blood, very little. Member
of tribe since 1911. No visible means of support, yet dresses fairly well.
Travels to and from town. Spends railroad fare, pays hotel bills and
gambles. Was on our payroll prior to June, 1911, in capacity of warehouse
helper. Has not worked since. This was right after he became member
of tr'be. Was insurance agent and collected — defaulted in making pay-
me' ..s to company as per their letter on file and records showing payment
by Indians to him and failure to remit the company, causing cancellation
and consequent loss to the Indians. Record of Indian Court shows bor-
rowed money from Indian women, promising repayment and failed to do
so. Record of Indian tribal councils shows attempt at assaults on Indian
women. Father of children not through marriage. Refused to live up to
promise of marriage. Has never applied for work since, although oppor-
tunity always open.
FRANK S. GAUTHIER. Employed as trespass agent at $900.00 per
annum in 1910, performed no work. Removed. Employed as clerk Keshena
Indian Agency $720.00 per year. Stole liquor from vault placed there as
evidences in liquor cases. Drunk many times. Warned, took pledge, vio-
lated it immediately. Guilty of secretly formulating charges, false, against
employees whom he disliked because of having to report him. Dismissed.
Employed as warehouse clerk. Duties, billing supplies and shipping. Care-
less, made many mistakes which might have proved costly, resigned. Indicted
by U. S. Grand Jury for introduction of liquor on the reserve and only this
summer trying to induce his own son and another boy just home from
school to drink intoxicating liquors. Guilty of supplying liquor to other
Indians for past years ; not working. No visible means of support.
Dresses well ; always has money. Travels much to outside towns, paying
railroad fare, hotel bills ; even trips to Washington, Milwaukee, Ashland
and other places.
104
MITCHELL OSHKENANIEW. Tribal resolution on record prohibiting
him from ever representing the tribe in any capacity due to past misdeeds.
Employed as a check timekeeper on late men and those going out before time
at mill. Found not to be on post. Many mistakes made in time book of
which he had control. Guilty of making charges against employees from
manufactured evidence known to be false. Does not pay debts. Left employ
of mills of own accord in February, 1912. Has not worked since. Lives
and dresses well. Takes trips ; apparently has money. No visible means of
support. Known to be addicted to use of liquor. In beastly condition while
on trip to Washington. Has drunk liquor since here on reserve with other
Indians. Perfectly unscrupulous. Secretly stirring up race prejudice at all
times. Has not applied for work since until last month after a talk with
me in reference to Indian Office letter to discipline him on account of failure
to live up to contract.
CHARLES CHICKENEY. Employed as forest guard, $720.00 yearly.
Dismissed after many overlookings on account of drunkenness. Have letter
in my file complimenting me in treatment of him. Employed now in yard
as sub-foreman shipping. Careless in work. Has to be continually watched.
SIMON BEAUPREY. Employed $720.00 yearly. Dismissed account
habitual drunkenness. Supplying liquor to Indians. Guilty of failure to
perform duty assigned. In case where he was to actually scale timber being
shipped, he copies from books of purchasers. Then spreading story of
shortage in scale, charging collusion of operation officials. Has not worked
for some months. Evidently has plenty spending money, as he goes about
same as others.
SAM LAFRAMBOIS. Works fairly well when he finds congenial em-
ployment. This is usually when gasoline loaders are working. No sense
of responsibility. Was in charge of loader only short time ago. Same was
being moved. He forgot to have the guy line removed, result : one man
killed instantly, three other lives endangered.
JOE LONGLEY. Rarely on our pay rolls. Plenty of work for him.
Lives well ; no visible means of support. Guilty of drunkenness and intro-
duction of liquor on the reserve. Took a bark contract job a short time ago.
Bark in woods found to be so piled as to have hollow spaces inside ; as he
was paid by cord evident intention to beat the sealer, which was done.
Walks around criticising everything, but producer of nothing himself. Had
a job on tie making. Utterly failed to live up to specifications. Had to
cancel contract ; lost money.
MOSE TUCKER. Farmer at Keshena. Takes jobs here in winter. Has
logged. Loaded out bark on contract. Never yet has he come out even.
Exercises no executive ability over work. Lets supplies go out of camp
without charge to his men. Struggles in a way, but likes the easy route.
Somewhat inclined to follow prevailing sentiment rather than lead. Inclined
to get into debt in spite of supervision. Does not like to be cautioned.
May be considered as trying to better himself.
PAUL TEBEAU. Mixed blood. New member of tribe. Has been
foreman of timber makers. Supposed to scale and keep time. Failed utterly.
Found him taking record as furnished by the purchasers of timbers. Em-
ployed as foreman of brush burning crew. Careless. Let fire get away
from him, then tried to cover up by spreading story operation deliberately set
fire to pile logs. Nearly a costly venture for us. Had contract to complete
cut of old Camp 12, taking small bodies timber left there; failed to complete
105
job. Claims could not secure labor. Yet aspires to foremanship. Indians
will not work for him. Responsible for story of waste at old Camp 12
site, when as a matter of fact he left himself the stuff he was to take in
as per contract. Critic in everything. Tried and found wanting in every
test given.
TOM LABELL. Farmer, hotel keeper, jobber. Addicted to use of
liquor, gambles, aspires to be a leader. A part blood. Failure as logging
contractor. Does not work except at times. Uneducated, talks much. Took
logging job last winter, had to be carefully watched on supply bill or would
run behind, careless as to detail. His excesses of past unfit him for hard
work. No morals.
ADOLPH AMOUR. Pond foreman. Works fairly well. Aspires to
better job. Uneducated. Careless on details and property in charge.
Addicted to use of liquor. Wastes his earnings. Jobber. Never made good,
ran far behind, possesses no executive ability, cannot handle men, no sense
of responsibility. Did not think it anything out of way that he caused a
loss of several hundred dollars, but if saw white man absent from post 5
minutes would point it out as stealing time. Has been often away from his
post minutes and hours ; thinks it all right to put in time and draw pay.
GEORGE McCALL. Now camp foreman. A logger in a way if con-
tinually supervised. Cost of his camp greatest on the works. No business
head. Have to continually drive him. For instance, was formerly foreman
our Camp 5. Cost of feeding teams showed very excessive. Investigation
showed men going to town, liquoring up and returning with a team and
driver. Paid by bag of oats or bale of hay out of barn. That was reason of
high cost. He neither reported liquor trespass nor could he account for high
costs, although something was wrong. Could see no wrong in entertaining
frie'.ds or visiting teams at expense of operation. Let him out and am now
tr ing him again, although he has to be continually watched.
FRANK KESHENA. Had been assistant time clerk. Made mistakes.
Used liquor considerably. Liked to go to town frequently. Dismissed for
inattention to duties. Given a chance again as camp property clerk. Duty
to check up wagon account. Knew a clerk was short, did not report because
was an Indian. Property clerk ; another Indian reported he was of no use
at all, let him out. Gave him another chance as clerk and sealer on jobbers,
because Indian jobbers he evidently allowed more than full scale in instances.
Scaled twice, in bark jobs when bark shipped out actual measure much
less than his scale turned in. In count and inspection of posts careless.
Jobbers would have been overpaid, only that a double check found his short-
comings. Likes easy job and good pay. When errors found by him not
reported to office, but told Indians, making a story plausible as if fraud was
intended.
CHARLES DUQUAINE. Part blood. Indian very little. Camp clerk.
In town every evening until late at night. Gambled. Caught stealing money
and property of operation. So far has not made good. Utterly immoral.
Made no effort at going to work since dismissed from former job. Careless
at work. Scale not to be depended on.
CHARLES FRECHETTE. Mixed blood. New member of tribe. Has
been camp foreman. Cost was highest of operation. Aspires to superin-
tendency, although not fitted ; no business ability. Critic of superiors, not
always following instructions. Follower of Frank Gauthier, instrument in
his hands in spreading talk and creating dissension. Works fairly well,
106
that is, steadily, now foreman of pond crew. Cost of this work some cents
per M higher than it should be. Has not the knack of getting work out of
men.
PETER LAMOTTE. Chief of Police. Inclined to exercise authority at
inopportune times, saying he was so ordered. Again fails to call my atten-
tion to cases wherein friends of his are concerned. Has been logging
jobber, failed. Likes to mingle in town gossip too much. Not independent,
inclined to follow rather than lead. Likes to liquor up. No sense of re-
sponsibility; fails to set example to his Indian brothers. One of those who
preach tribe money is being wasted because the interest money is not handed
over to them. Gambles. Will not do real work. Prefers easy job.
LOUIS KAQUATOSH. Works at odd times ; likes to liquor up. Wants
easy money. Has been given jobs tie making. Logging, failed utterly in
each. Runs into debt. Rarely pays bills ; says he is going to some time.
Owes mills. Trades with every one where he can get a cent credit. Plenty
of work, but does not like the steady grind of real work. Drives round
considerably.
REGINALD OSHKOSH. Was employment agent, $900.00. Performed
no work. Dismissed. Liked to liquor up. For a long period stirred up
trouble in order to get easy job and good pay when he could have time to
look after tribal interest, as he put it. Finally made up his mind to go to
work; is now foreman of small crew. Does not think it wrong to take
time off. Is progressing and all in all is better leader for Indian good than
any of other so-called leaders. Is hereditary chief of tribe. As such, thinks
he should be superintendent. In fact has a scheme whereby certain leaders
should be made superintendent in charge of mill, logging superintendent, etc.,
and then white men hired to do the work.
LOUIS LAFRAMBOIS. Part blood. New member of tribe. En>-
ployed as pond man. Wanted to be fireman in mill. Weighs 250 Ibs. When
it was pointed out that firemen have to clean boilers and it was a physical
impossibility for him to do this work he thought the mill superintendent
might do this. Sulky, complains he should have better job. Several chances
given him to show capability but did not like the steady grind. Claims able
to make $3.00 to $3.50 a day outside, but stays here at $2.00 a day. Owes
many bills, poor pay. Continually in mix up in towns ; social relations. Says
is citizen; advises Indians to resist discipline. Only just before your ar-
rival here was one of party arrested coming from town drunk as a lord. He
had the money — admitted buying liquor but refused to tell who supplied
same. Busy always in fomenting trouble. Not inclined to steady employ-
ment. Criticises but does not realize the value of applied industry. Wastes
his earnings. Responsible in part for stories to Indians, — books of mills
doctored and that funds are spent and wasted.
JOE LAW. Does not work. No visible means of support. Gambling
seemingly his only industry; continually driving around. Lately seems to
take some interest as member of Indian Fair Association.
These are only a few that I quote. I could go on with record of sixty or
more. In most part misled and misinformed but willing to believe in hopes
of a change whereby they would not be continually prodded to start straight.
All would like a good job at good pay, — easy work, etc., but none display
intentions by industry to earn promotion. They have no sense of respon-
sibility. Do not see wrong on their part, but find it readily on part of
107
others. I have found Indians taking hay and feed from barns. They did
not call it stealing on their part ; sort of figured they had a right to it. I
have placed Indians in charge of property and they could see no reason in
having to account for it. Some one took it.
I have had Indian clerks deliberately make mistakes for instance in sup-
plies, charge white employees one price for supplies and Indians another
and then run around shouting discrimination against the Indian, not know-
ing their purpose had been discovered and proper correction made. I have
had Indians in semi-executive or clerical capacity and when legitimate error
found fail to report same, but instead spread rumor that things are wrong
and point these instances as example. Many and many incidents such
as this have I investigated and corrected, and many investigations on
part of Inspectors of Indian Service and others. The time has yet to come
in which something wrong is to be found. In fact, the position of the
management here has been strengthened in each and every case.
Every Indian who wants work can get it. No Indian can be produced
who can say that he applied to management here and could not get a job
and at once. It may not be the ideal one he desires, but it is one which I
think measures up to his capabilities or one in which I can test him for his
fitness. No man is barred, not even those dismissed for cause. In a case
like this I simply start all over with the person on a new line to make some-
thing out of him and this not once, but after failure upon failure. I have
not always held the employer's point of view in mind, but ever before me is
my semi-dual capacity of teacher. I do not aim to say that my management
is perfect, or that this plant is an ideal business corporation. The law makes
this an institution for industrial development of the Indian, and as well a
business proposition in which they are expected to benefit financially. No
m?-. need suffer for work nor do they. True, they may say so — think they
au entitled to better jobs, higher pay, etc., which is their cry, but is only
subterfuge. There is waste here. Some waste of energy, some might put
it, that could be used better in other directions, — such as business manage-
ment. The Indian knows nothing of efficiency of organization. Here we
have a business institution and school combined at least 1/3 to 1/2 of its
organization children and its efficiency crippled to that extent, and yet all
things considered it is a question of its not being a good investment. Could
you have come here with me three years ago last June and seen the condition
of management, organization, financial condition and internal relations of
plant to town and its home life, then I feel your visit here in 1913 would
have witnessed a great change for the better. More and many more Indians
learning the value of steady employment. Homes that were hastily con-
structed, one-room shacks, now the neatly constructed modern 4, 5 and 6-
room cottages.
Conditions in home life are so completely altered that they could not be
recognized. Dusky in features but white in fashions, living and conduct, in
a fair way. The throwing of Indians into contact, socially and industrially,
has worked a wonderful change, but it's only in its infancy. It costs some-
thing, it may be said, but is it not money well spent? I doubt if there is any
tribe in America wherein greater change has taken place than here in the
short period of existence of this plant. Normally, of course, conditions are
bad. Waste or imperfect organization, etc., exist, but day to day sees a
bettering. Some tightening of the machine; some improvement in the effi-
108
ciency of the operation. The greater part of the work has been done.
What remains now is to perfect or pick up the loose threads. Waste has
been spoken of; the great pity of it all is that this is true, not as the ring
leaders of the present movement would have, but waste in shape of idle In-
dians, who are led to believe through agitation that the millenium is at hand.
New men are to take hold. Good jobs are to be parceled out to everyone;
waste not only in wages lost, caused by this unrest, but waste of our efforts
to get them to labor and after getting started the lessons lost by having
to start all over again.
The time records of these mills show in all these periods the loss of at
least 100 Indians, who disappear from the pay rolls waiting for the great
change preached, which never comes. Many investigations have been held.
It is time something happened once and for all. Either charges are or are
not true. The way should not be left open for the future. If things are
fairly well, no matter who is on the job, the office should discipline those
who are a real hindrance to the progress of the Indian toward industrial
self development. Summed up, these men are not at work because they
will not work; and those who are working hold out their hands for a work
to which they are in no manner fitted. I can comb over the employees of
this plant and not find one white occupying a place not absolutely necessary,
while it is a matter of record that this year I more than once strained the
organization by depending too much on the Indian, in view of the labor
scarcity.
Q. What is the past experience of this plant on logging contracts to In-
dians?
A. This plant's experience on logging contracts to Indians has not been
at all satisfactory. The law prohibits the employment of white labor; yet
the Indian jobber seeks it at once. He likes to drive round, put on a fore-
man, time keeper, clerk, instead of handling work himself. Careless of sup-
plies, overlooking the fact it is part of his cost. Our contracts are in-
variably handed out on a basis of $6.00 per M. We do work for $4.75 per
M. Usually jobs are comparatively easy, yet through lack of business man-
agement the Indian fails.
The records of this office back this up to the extent of thousands of dol-
lars claims filed against the tribe from old logging days. What success was
found in contractor breaking even or a little better was due to the fact that
I, personally, supervised their work and accounts. Guaranteed them labor,
loaned them supplies and outfit. In fact, financed them. Being notoriously
careless in payment of obligations, labor or otherwise, it was necessary for
me in each and every instance to handle the work for them. The records
here vouch for this.
Q. They also seem to think that they at least ought to be made bosses of
the camps in the woods. From your experience on the reservation the last
three years, do you think this is practical?
A. This question is answered in part by my answer to Question No. 2.
It is not practical, but can be experimented with. We have now Camp 15,
white foreman, Camp 16, Indian foreman, Camp 17, Indian foreman, Camp
18, Indian foreman. Over these are the Logging Superintendent, Mr. Brig-
ham, assisted by Mr. Peterson, woods foreman, who lay out work, plan roads
and continually supervise in order to hold cost within reason. They log
109
haphazzardly, not one ever had experience in railroad logging, could not
even attempt to build a spur. We are endeavoring to teach them, but they
can never attain the proficiency of white men, because lacking initiative,
being too far set in lines of old days. Not a single one could be counted on
alone to fill the demand of the mill daily, as its consumption demanded. We
usually man our camps on basis of 3 white foremen to 2 Indians, after things
get going the logging boss taking personal charge of the 2 Indian camps.
Q. How many thousand feet of miscuts have been sawed in the past year?
A. Miscuts sold in business year ending September 30, 1913, 241,140 feet ;
brought average of $10.05 per M. Total, $2,425.46.
Miscuts in yard end of business, 1913, 251,500 feet. All sold; not yet
shipped out; at advance of $1.50 and $2.00 per M over price of 1912. These
are some of piles you looked at. Miscuts are principally hardwoods, per-
centage is about y% of 1 per cent, which is reasonable, I think.
Q. How much wastage was there on your inventory, or in other words,
shortage ?
A. 415,159 feet shortage, as follows:
Our inventory October 1, 1913 38,555,148 feet
Manufactured during the year 31,840,896 feet
70,396,044 feet
Sold and shipped 40,126,035 feet
Used in construction 1,528,870 feet
Inventory, September 30th, 1913 28,325,980 feet
Shortage due to breakage handling and
p'.rhaps estimate of lumber in pile.
Jood part of which is piled all widths
and lengths 415,159 feet
70,396,044 feet handled during year
Q. What is your system of selling and collecting? Please answer fully,
describing methods of selling the square timber, prices, etc.
A. Under the Act of 1908, products of the Mill must be sold to highest
bidder for cash. Sales regulations provide advertisement of the products
to be sold. Sales held weekly. Proposals to purchase may be made in
form of letter stating species, quantity, grade, etc., desired with price of-
fered. This may be accepted or rejected by board of sales, myself and
sales agent acting as such, if the market values are or are not as we know
them.
Sales over $10,000.00 referred to the U. S. Indian Office for approval.
Sales may be made between periods if price offered is not less than the
best previous bid or is good market value for the product.
Payment must be made before purchased product leaves the mills. De-
posit may be exacted if deemed necessary to protect mill at time bid is ac-
cepted. I include copy of the sales regulations herewith.
The selling of board timber is conducted strictly on the lines above. Ad-
vertisement is made of quantity to be offered, circular letter sent to those
in this trade known to be interested, with advice sale will close on a certain
day. Bids then canvassed and award made after approval by the U. S.
Indian Office if $10,000.00 or over. Specifications for sales — write bidder to
110
bid for timber made f. o. b. cars by us. Hewed in woods and loaded by the
bidder, and made woods and loaded on car by us.
The price accepted is that deemed best for the operation. The last large
sale of waney pine board timber was made at a price of $70.00 per M feet,
purchaser to make and load on cars himself. A small sale was made this
year at $75.00, but as market for this class of stuff is dead this year no large
sale could be effected.
Rock elm timbers. Process of sale same as above. Prices offered this
year 50 cents per cubic foot, buyer to make and load on cars himself. Prior
to this year this class of stuff brought 42 to 47 cents per cubic foot.
Q. What is your idea about helping the trustworthy, industrious Indians
to become farmers and give them say seven or eight hundred dollars out of
their individual share of the money in Washington to the tribe's credit?
A. I firmly believe that the industrial advancement of the Indian demands
that he be given financial assistance to better his condition. He can only
learn the value and uses of money by the actual handling of it himself.
Trustworthy and industrious Indians should be assisted by placing to their
individual credit a certain sum of money which they could invest to im-
prove business, farms and home conditions. While it is true at present that
the farmer here may be helped to the extent of $600.00 by a loan from the
tribal funds which he must repay in 4 years, he acquires no practical edu-
cation in the use of this money because he does not have the actual dis-
bursement of same.
Every Indian should have the opportunity, if his stage of competency
warranted, to have at his command under supervision $600.00 in cash with
which he might make the effort, whether that be in purchase of tools and
equipment, stock, building of house, barn, etc. As it is now the Indian is
struggling to farm 5 to 60 acres, as the case may be, often with no team ;
agricultural implements the simplest, such as plow and cultivator. No proper
buildings for housing the produce he raises and no means to add to his
stock or equipment. As a result, even the results of his meager effort in
scratching the soil, no matter how bountiful, are often wasted through lack
of means to gather and store them, while if in possession of the simpler
proper equipment, fair buildings, a larger and richer harvest could be made,
with the Indian that much nearer the self-supporting stage. Even the most
advanced Indian would have a reserve fund to fall back on to purchase seed
in the event of crop failure or to tide him over unforeseen emergency, thus
preventing him from hanging the mill stone of debt around his neck (which
it will take $200.00 for one Indian to overcome).
Q. There seems to be a great desire of the tribe to have a portion of this
money. If the Government should give every Indian on the reservation
$500.00 of their money, in the usual way, what method do you suggest of
conserving this amount, taking care of that portion of it given to minors,
and men addicted to the use of liquor, etc.?
A. By all means, give the Indian, or place to his credit in bank, $600.00 of
his money, to be disbursed under the Individual Indian money plan. It is
a very simple matter to conserve this. The Indians could be divided into
classes, — those requiring no supervision, those requiring partial supervision,
and those who would waste their resources. Checks could be made against
waste very easily. For instance, Mr. Indian has $600.00 to his credit; he
comes to the office and applies for $300.00 to purchase plow, cultivator,
Ill
wagon, harness, cows, or any articles within reason. If a competent In-
dian he could submit bills showing purchase and produce them; if wisely
spent he could be congratulated. He could be advised of best market and
best articles; if necessary he could be accompanied by an advisor. If the
second class Indian desired say $100.00, he could be allowed to purchase
under office supervision. As he demonstrated his ability to handle his
money he could be advanced.
While for the Indian who would waste or misuse, the needed articles
could be purchased for him and an endeavor to advance him could be made
by an apprenticeship or record taken of him as to his industrial earning
capacity. In all these cases advances or reductions could be made as the
case demanded.
The Industrial Indian Money regulations cover these cases only that the
strings should be loosened by allowing the agency office more leeway in
granting of allowances without reference for approval to Washington.
Q. What do you think of the idea of selecting four or six of the highest
grade young men on the reservation and sending them to Wisconsin Agri-
cultural College at Madison to take a full course in Forestry and Agricul-
ture, that they may come back to the reservation and teach all those farmers
that there are, or will be, the proper methods of farming, raising and care
of stock, etc.?
A. The idea of selecting a certain number of the best young men of the
reservation and sending them to Madison is a thoroughly practical one and
of far reaching effect in helping settle the Indian problem. Education is the
way out. The burden of complaint of the product of the higher Indian
schools is that there is no opportunity for a higher practical education. First
principles are instilled, but of scientific knowledge that could be put to ex-
pert use there is no way out. Just enough is gone into to give the Indian a
f ,sire for a finished education An agricultural and forestry course for the
Menominee Indians could not but result in untold returns for this Indian.
Natural resources are in the soil and in the timber. It would be a practical
direct method, multiplying Indian effort untold fold. The harvest of such
an idea put into effect cannot be told.
Q. What is your idea about the advisability of having the entire reserva-
tion thoroughly examined, and timber upon it estimated, showing the quality
of land also, in each section?
A. Sound business sense demands that the resources of any affair should
be as accurately determined as is possible. No working plan is sound un-
less so done. I am on record in this office advocating and recommending
(see my letters of office dated May 19th and April 5th, 1911). It should be a
cruise by practical men such as the modern lumberman employs. There are
5,760 forty-acre tracts on the reserve. Good cruisers should make 16 forties
a day here. Cruise should embrace topography, character of soil, and nat-
ural resources of the reserve. A working plan was laid out for here, but
for some reason was overruled. I have the opinion of expert men that
this procedure should be undertaken at once. The information would be of
untold worth to our business, to the agency and to the Indian.
Q. I understand that the snow went off earlier than usual this last sring.
Is that true? If so, was it any hindrance towards cleaning up the logs cut
during the season? Have there been any efforts made during the summer
and fall to skid such logs, getting them ready to haul the coming winter?
112
Are there any logs left, — if so, what quality and amount, — that have been
cut during the seasons of the winters of 1910, 1911 and 1912? Is it pos-
sible to get any that may be left to the mill? Was there any effort made to
keep those that were left from being wormed by the worms?
A. Our records here show heavy thaw which did away with all sleigh haul
the first week of March, 1913. Prior to this there were thaws which made
it necessary to cart snow for bad places. Days were frequent in which only
part of a day could be used. The freeze during the night would be over-
come during the day by the sun. This necessarily caused a hindrance to
perfect clean up of winter's work. Again, it left logs in pot holes, covered
by snow on the low, moist places where they could not be reached.
In spring pine logs were peeled and skidded. I think it is a fact that a
bare half dozen logs escaped these efforts to protect them. Again, it must
be remembered that these logs are in the midst of a live operation. Such
logs as left after sleigh haul would be taken if in reach of summer's logging
operations and if not possible for this would be taken in the first of the
coming winter, as winter logging will start in where last winter's operations
left off. I hand you a map showing in legends the various camps worked
from 1910 to date. Here are marked the approximate spots in 0 where logs
lay that committee showed your men.* You will notice in each case that same
are on the very edge of each season's works. This stuff all shows in terri-
tory of Camp 15 low cutting. It must be also remembered here that Camp
15 was built in 1912; its work was planned to extend over the east half of
Section 16 to and including 15 and the south half of Section 10; when well
under way instructions were received on January 1st from U. S. Indian
Office that pending a suit to be entered in U. S. Supreme Court during this
summer to decide ownership of land, no timber was to be cut. This caused
a complete change in work of this camp. Its work had to be shifted in
other directions. It must be remembered that the mill cuts up a certain
quantity of logs every day.
Hauling in heavy snow over railroad is tough work. Shortage in labor
which was a fact during the last year and a half means every available man
to be placed where timber can be got, to keep the mill supplied. The emer-
gencies at the particular moments must be held always in mind. Cost of
taking out individual logs, deterioration, if any, if permitted to lay for a
period, cost of peeling, skidding up to prevent deterioration, all must be
weighed and counted for the best interest of the operation. There are some
logs left in edges of last winter's work that will naturally be taken this
coming winter that could not be reached in summer logging except at too
great a cost.
This winter's work will care for such logs as were viewed by your men,
which are on edges of cuttings of past works. Camps 15, 17 and 18 will take
the stuff. The year 1910 witnessed a great fire here, roughly designated in
map. Portions of this territory had been frequently burned over prior to
this year, the operation commencing winter of 1910-1911 was to put camps
in and save what valuable stuff we could. In the meantime we had to go
to Washington for legislation to build railroad, which was obtained finally
and June 14th, 1911, saw the first logs going to the mill. There was con-
siderable burned in 1910 and year previous, such as would pay was taken.
It must be remembered in 1910-11 and up to October, 1912, prices on
*It was found impracticable to print Mr. Nicholson's map.
113
hemlock were such that it was difficult to realize bare cost of manufacture,
ranging from $5.50 to $7.00 on No. 3 and other grades, correspondingly, to
after October 1, 1910, to $13.00 per M. Market is now failing. Such hem-
lock as would not pay was left. It was not a great amount. It is at the
south and west edges of cutting of old Camp 12 and south edge of old Camp
11. The good stuff here will come in this winter. We took some in 1911
and 1912. I am inclosing you scale of logs found in woods by our men
with notes of their actual conditions. These are the logs which were pointed
out to justify the charge of "great waste." They are all there are. A com-
parison of descriptions of land on which they are will show then™ in the
very heart of the present works. Some have been decked as witnessed by
your men and note should be made here that this work was a legitimate part
of the works, not an effort to hide anything as was endeavored to be
claimed, because it was not known that any one was to look at them or that
any "much ado" was being made about them. In fact, we knew nothing of
the prowling around of any one to discover so-called waste. Hewn square
timbers, two or three, were pointed out as waste left. I would have you
know that our books show every timber paid for whether taken or not, and
even these left will be taken in by us because abandoned by purchasers with
added profits to us.
Again, that any damage resultant from square timber cutting was charged
and paid for and our books show the money received and deposited. Again,
it was pointed out that the pine fallen was all cut by square timber men ; this
was not so. Our own Camp 15 cut the greater part of pine as report shows.
It couldn't be taken on account of condition of the ground due to early
break up of winter and change of camp's scene of work.
Q. While there I told all the Indians I came in contact with what I was
gjing to recommend. You may tell them that I shall also recommend that
.ach member of the tribe be paid the sum of $500.00 out of their tribal funds
in Washington, but I shall frame this with the original idea of advancing
money to men who will clean up the land and go to farming. Those men
should have an additional sum of $300 to $400 to be charged to their indi-
vidual share of the funds remaining in Washington. What is your opinion
on this?
A. The advancement of money to Indians from the tribal funds for the
purpose of encouragement along agricultural lines would be a splendid thing.
Legislation may be necessary ; if so, it should be obtained at once. Something
should be done to put the Indian on an independent basis. I might as well
bring my boy up to 42 years of age, not permit him to handle a cent, buy all
his necessities, do all his business for him, not let him know anything of the
responsibilities of life and then turn him loose. Think you that he would
make the average citizen or that he could then go on, competent to perform
his share in our world's work?
Each Indian is entitled to a certain share of the funds on deposit in
Washington. In addition, he has practically a source of perpetual income
here. If he is ever to handle same a start should be made. This start taken
with men who in a limited way show desire to reach higher heights should
obtain results.
Q. In the contracts made for lumber and pine in the tree, were those con-
tracts let strictly in conformity to the rules of the Department for selling
lumber at the mill?
A. Contracts for waney board pine timber and rock elm timber have
114
always been made in strict conformity with rule of the Department for sell-
ing. Note in proposal sales was sent to every one known to be interested in
this line of product. A weekly advertisement is carried in lumber trade
journals and a large bi-monthly advertisement that sale of products is held
here. Bids were received from the known purchasers of this class of product.
They were opened on a selected day and award was made to the highest
bidders, as our records will show.
Q. Will you be kind enough to give me a little synopsis of your method
of taking care of the old, sick and young Indians who can do nothing for
themselves on the reservation ; is there money appropriated for that, etc. ?
A. Any Indian, old, sick or disabled in such manner as to be unable to
provide for him or herself on report to the agency office, and if possessing no
immediate relatives or friends who will look out for him, can be put on
ration roll and receive two weeks' rations of flour and pork enough for sub-
sistence for this period and even if with relatives or friends this allowance
can be made. Under special authority, clothing can be issued for their com-
fort as well as other necessities. Two physicians are continually on the
rounds, as well as an Indian policeman, 3 farmers (white), each having a
district of his own and a field matron. All required to note and report and
aid in deserving cases.
In cases where .there are no friends or relatives, we have a hospital which
takes care of cases of this kind. In cases of children, orphans, they are
placed in schools, Government or mission as is desired, where they receive
clothing, food and quarters, etc. Those with diseases are sent to hospital
for care and treatment. In case of first steps of tuberculosis, if consent can
be secured, they are sent away to recently established sanitariums for special
care and treatment.
Notwithstanding all this, it would be better perhaps if this class of Indian
had set aside his share of his own funds and were permitted to live out his
life in his own way, in his own home. Naturally on removal to hospital in
many cases, the Indians feel the separation and absence from their own set-
tlement and homes; of course, there are cases where separation is justifiable
and really should be enforced, in protection to lives of others with whom
they might come in contact. In many cases we find persons of this helpless
class, putting up with poor food, poor clothing, etc., and loss of many com-
forts they could obtain if they had money of their own to prevent separa-
tion from friends and home.
Q. We understood while at Neopit that the season broke up very early last
spring. How much earlier than usual and what effect did that have on
temporarily leaving logs in the woods; how many feet of logs have you cut
since you took possession of the mill ; give me this by seasons please, 1910-11,
1911-12 and 1912-13?
A. Our winter logging season of 1912 and 1913 broke at least two to three
weeks earlier than usual ; thaws developed in the latter part of February that
made sledding hard and on or about March 4th a heavy thaw set in that
carried the snow away and softened ice in swamp and creek that made work
dangerous and impossible. We can usually count on work for clean up, etc.,
up to latter part of March, even at times after April 1st. A let up on sleigh
haul of two weeks, a week, even several days in case such as this, can result
in leaving of logs in woods in places preventing skidding out and in others
115
preventing sleigh haul. Start of winter has something to do also with con-
ditions at end of winter. If the hard frosts come early enough to well freeze
the ground before snow falls, naturally thaws at end of winter do not have
much effect ; ground remains frozen longer. Last fall we had a freeze up,
then a spell of soft weather, opening up things again, and in December the
snow came covering the ground before it had a good chance to freeze.
Naturally this spring the melting snows had much less distance to work
down to open up ground and in moist, swampy places thaws practically opened
them up at once.
I am inclosing herewith statement of logs cut by species and camps during
seasons of 1910-11, 1911-12 and 1912-13.
Q. Give me your version of the trouble that has arisen on the reservation.
How many Indians have been interested and what have been the characters
of those that have been fomenting this trouble and has there been, to your
personal knowledge, any white influence brought to bear?
A. Your question is in a way a hard one to answer. There is, and always
will be, trouble with a certain class, because in a way there is no discipline
that can be administered, while the office permits itself to be deluged with
complaints of any nature, investigates them and then fails to rebuke severely
those responsible, if, after due investigation, it is found that there are no
reasonable grounds for complaint. As long as any half dozen dissatisfied and
unscrupulous are permitted to continually roam around making capital out of
anything they can pick up — make up or distort into a something that will
answer their purpose — no trouble can be had in acquiring a following.
The trouble of to-day, the culmination of a series of complaints, started
about April or May, 1912. It was engineered by Oshkenaniew, Prickett, Mc-
Call, Tucker, LaBell, Gauthier and several others. Prickett has always been
restless, but amounted to nothing until joined by Oshkenaniew. The others
imply trail along or are handy tools as the case may be. Since the doing
away of the old business committee of 15 at time of visit of Senate Com-
mittee in 1909, or thereabouts, for crookedness in tribal matters, those mem-
bers always longed for a return to the old days of easy money, etc.
My attention was directed first, in this connection, to a complaint handed
in by them while on a trip to Washington in 1912, as above mentioned. Again,
through the secret influence of outsiders being exerted in here against the
operation and the superintendent, myself.
But to start from the commencement. These people could not have acquired
any influence at all had it not happened that in 1912 it was found that owing
to their interest money having been all used up in payment of annuities for
the several years previous, and for the legitimate expense of the agency,
schools, etc., there was no available surplus that could be set aside to make a
payment. Oshkenaniew, Prickett and his kind immediately set up a cry
that money was all wasted and spent and were aided in this by interests out-
side opposed to the plant and the administration of Indian affairs here. It
was proposed to send a delegation to Washington, D. C., to look after their
interests. They went, aided by a substantial collection furnished from outside.
I know personally traders in town who contributed, because they told me so
later. Prior to this I had found that the Menominee Indian Mills had used
to pay labor a sum of approximately $125,000 of interest money, which I
claimed should have been taken from the fund itself direct, as authorized
by law, and that this money should be replaced to interest credit. This was
116
clone prior to start of the committee to Washington, D. C., where of course
they accomplished nothing, but did claim on their return that they had got
back a large sum of money and that payment would be made, etc. This
gave them a footing; ever since they have added to it. Without their ever
having examined the books of this mill they charge fraud and waste. In
spite of official letters from the office and from representative in Congress
checking up the office they interpret to the other Indians wrongfully, saying
it is proof, etc.
The Indians say, or are told, that Mr. Hollister of Oshkosh, who has
passed through this reservation a number of times, has told them that they
are not getting half enough for their lumber. He is quoted as saying that
the big pine being sold is the cream and should bring $125 to $150.00 per M.
and other species correspondingly. That the cutting of this timber is rob-
bing the yard, etc.
One of the many things I instituted on my arrival here was the prohibition
as set forth in regulations prohibiting any one trading with Indians to come
on reservation while a payment was going on. They had been in the habit
of appearing at agency and when check was about to be handed over to
Indian, take same and give the Indian so much credit on old account or new.
Naturally, they did not like this.
Another thing was the so-called traders' claim referred to me for investi-
gation and approval. I recommended against its payment and this was sus-
tained on appeal to the highest authority, the Indian Office, office of the Sec-
retary of the Interior and even to the Comptroller of the Treasury. They
even petitioned Congress for legislation to pay, but it was denied, although
later they did get through a bill permitting the matter to be referred to the
Court of Claims for review, where it now is.
These claims consist of supplies furnished to Indians for years back. It
was claimed, but I could not find Indians who could say they ever received
same or if they did double and triple prices were charged and in no case could
payment be found as a credit, although the Indian claimed he handed his
checks over to them. Included also were the claims of the logging contractors
on the blown down district jobs in 1905 to 1908. You know some of its his-
tory. Contracts were given to Indians. They were permitted to take in white
partners. In some cases double scales of timber cut were made ; in others,
they failed to live up to contract at all, the easiest work was done, green
timber cut. The white men supplying charged up all kinds of supplies, ex-
penses, etc. The Indians got nothing. It all resulted in the Government
sending in special men who went over all the works, checked up accounts and
withheld payment of enough money to pay for violation of contract, etc.
These men appealed to every source, brought suit which was thrown out of
court, etc. Heading this crowd was one man named Cook, notorious in this
county for timber operations. His headquarters in Oconto. Mr. Tyrrell is his
personal attorney. Mr. Ballinger, the Washington representative, was se-
lected at that time, I suppose, because of supposed influence with his uncle
who was Secretary. But the same Secretary has sent me on the job out here.
A year ago a hearing was held in Shawano to take testimony of Indians
who were partners. Ballinger and Tyrrell were both there representing Cook.
Strange to relate, and I have it from pretty good source, Cook had bought up
the greater number of claims. Many Indian partners hitherto opposed were
found in favor, because a share was promised to them, if any money was
117
recovered. These attorneys also learned that the Menominees had certain
interests at stake, such as the Disputed School and Swamp Lands, claimed
by them, and at once became hungry for large fees as attorneys to represent
the Indians. Mr. Ballinger approached me while in Washington, so I know
his interest. I have simply opposed them and in the meantime have been
instrumental in having suit brought in U. S. Supreme Court for test and am
now waiting decision.
This brings in another element. The Enabling Act for the State of Wis-
consin set aside Section 16 of the public survey and all swamp land to be
used for educational purposes by the State unless those lands were otherwise
set aside. The Menominee Reserve was created before the State. Attempt
was made to extinguish the Indian title by treaty, which was never accom-
plished. By error in giving patents for other lands, patents were also issued
to State for certain lands within this reserve. Lumbermen discovered they
were valuable for timber and bought them from the State.
They cut on some and were stopped later in cutting on any. They have
sat down awaiting the time if nothing was done, when these lands would fall
into their hands. Naturally any agent who is looking after Indian interests
and took steps to protect the Indian right, would be disliked. It seemed the
practice of old days that the white got all he wanted in here and no reason
could be seen why this policy should not continue. I changed it somewhat.
After efforts to get decision or actions to determine ownership, which re-
sulted in nothing, I started Camp 15 on Section 16 and prepared to cut, well
knowing that these lumber interests outside would be compelled to go into
court to stop it or yield up their claim. They went into court where, I think,
they lost. At any rate, I have this to go on : There is on the calendar of the
Supreme Court of this State a test case which has been on docket for
years, but which is continued along each session, because these people feel
thiy would lose even in their own court. Naturally, I have antagonism of
, icse persons concerned on the outside, which is considerable.
Again, there are the Stockbridge land cases. Patents in fee were given to
these Indians in 1910, under this agency. Prior to the delivery of patents
certain lumber interests in the county around here went to the Indians and for
$100 or $200, usually handed out in silver dollars, secured a deed and prom-
ised to turn over patents when received. You can imagine what this sum of
money meant to an Indian who had been accustomed from childhood up to
receive $2.50 from the Government per year as his interest money.
Enough that they sold for a song, or in cases were so drunk they did not
know. I held these sales prior to date of approval of patents illegal. The
Department so held, I was instructed to bring suit to set deeds aside, which
I have done, and this month case comes off in U. S. District Court, Mil-
waukee. This compelled those lumbermen and land grabbers who took in
forties $5,000.00 worth of timber and then not completely cut over to run
around to secure new deeds. In some cases it was arrived at by questionable
methods, but in most the Indian received added compensation. Naturally
all this did not make any very good friends for the superintendent here.
These are the principal cases, outside the fact that a sincere and successful
attempt is made to make this mill pay, which some interests think should
not be done, and which nothing has yet been shown me could not have
been done from the start. I could name endless little things that all tried to
make the present superintendent a very undesirable person to be on the job
here.
118
The head and center of the present kick are a certain half dozen. Prickett
is now the nominal head, Oshkenaniew has been the chief brains, but within
the last few days he has dropped away. Backing these men up are L.
LaFrambois, Joe Longley, F. S. Gauthier, Alex. Kaquatosh, Tom LaBell,
McCall, Paul Tebeau, who are the real heads. Their following numbers
perhaps 60, possibly 75. All of these attracted because of resentment to
the agent for punishment of offences against law and order, whether it is
liquor, trespass or enforcement of payment of just debt; with exception of
Gauthier and perhaps McCall the ring leaders are all late comers in the
tribe. As one Indian puts it, those who took their interest and money out
of tribe in 1849 resided away where they made a failure, learned the tribe
had gotten wealthy, come back now for re-enrollment, tell how successful
they were away, want land and funds divided up again to be on their way
again successful, so that they will again have to come back and live on us.
They are all part bloods nearly white, the undesirables of the reserve,
always on the lookout for easy money to be made without work and evi-
dently successful.
In my years here, I have felt after each putting forth my efforts for the
protection of the Indian property or interests, the added influence of the
outsiders effected. While not actually having the facts in my possession
about money being paid to certain ones here — I know it. I know of con-
ferences in Shawano and here, which Mr. Tyrrell has attended. It is co-
incident with Mr. Hollister's appearance on the scene on or about the same
time. I know that these Indians have had the counsel of certain attorneys
in Shawano, who are the attorneys of the certain lumbermen effected. For
instance, only today Mr. Tyrrell visited Shawano, met a Mr. Derosier, a
part blood Menominee (not member) and received from him $200.00, for
which Tyrrell in turn gave his note indorsed by someone else in Shawano
who was well enough known to have it taken at First National Bank,
Shawano, the head official of which, by the way, is one of the claimants of
land here and its stockholders more or less interested.
The ostensible purpose of this $200 is that it is to be used to send Mr.
Tyrrell and certain witnesses to Washington, D. C., to head off any unfavor-
able report. I know, and there are witnesses here, who know of Derosier's
going to Shawano on Saturday to arrange for money. I know that on
Saturday Mr. Prickett 'phoned Mr. Tyrrell to be in Shawano today, using
words to this effect : "Meet me in Shawano Monday, everything all right,
it will be there," and this P. M., Mr. Derosier in this office admitted he had
loaned Mr. Tyrrell $200.00 on interest and admitted putting note in bank
duly indorsed, but said he did not know who indorsed note.
The story given out is that the Indians are to repay the money to Mr.
Tyrrell and he in turn take up the note. I have not yet examined the reg-
ister of hotel — perhaps I can get later from bank the evidence of note, if
it is there, and dates of conferences of past with names on register. I
have felt at times the unfriendly influence of the W. & N. R. R. exerted
through Indians who have always been in their seeming employ because I
was instrumental in turning down a bill for several thousand dollars charges
rendered covering usual wear and tear on car service on their flat cars,
while engaged in hauling logs here at commencement of operation, and also
the cancellation of a contract which compelled the hauling annually of not
less than eight million feet of logs over their road at $1.00 per M, figuring
I could do it for less money, and now actually do at 35c per M.
119
I know when men can go around spending money, who have no visible
income, that someone must furnish it. I know that Hollister has in his
employ the husband of a member of the tribe who has never lived here. His
name is Edick. He is their foreman or superintendent. 1 know this man's
brother-in-laws, members of the tribe, are here; one of them, Tourtillottes,
was a former employee in old days at this agency, but was dismissed. I
know that nothing goes on here but that these people furnish information
outside and have felt their influence in opposition in here.
I know that all these same interests in the past have caused the sending
of complaints through Senators LaFollette and Stephenson, which personal
interviews on my part with office in Washington have set straight and
caused every one to keep hands off. The change in administration gives them
new life. Now instead of last administration influence being sought, it is
the present Congressman Konop's hand is plainly seen. It is announced by
Indians that Oconto has a candidate who is to take charge, etc. Mr.
Frechette and some Indians, Gauthier and others visited Oconto, met Mr.
Konop, so they announced, and received his word that a change would soon
take place. The name of the man is Douglas Burns. I am told a former
sheriff of the county, woods cruiser, etc. Back of him I can discern the
same old interests, who are always trying to get a foothold here, Oconto,
Marinette, Oshkosh and Shawano interests.
But my story is no new one. Around every reserve are the same per-
nicious interests, always striving to get at the Indians' natural resources.
I was not sent here in the interest of anyone, but those of good administra-
tion. I was selected because of certain things I had performed in the past.
It was known no one could get to me. This place prior to my coming had
been a hot bed of corruption and mismanagement : that is its record. I
w?s sent to clean up and I shall continue to do so.
Under my first administration about eleven thousand dollars was com-
ijelled to be repaid to the mills for lumber stolen and some lumbermen
escaped narrowly going to jail. Work on lines such as I name is con-
tinually going on. Naturally those concerns have no love. If someone
came in who would sleep on the job, how pleasant all around would be the
condition. With me out they think their goal would be reached. How
little they know I have been here long enough to have acquired some real
liking for the real Indian. It would be real pleasure for me, free from the
outside work, many times harder on my own time and resources, to prevent
the Indian being any longer robbed by his unscrupulous red or white brother.
Affidavit of Mr. A. S. Nicholson :
NEOPIT, Wis., Jan. 9th, 1914.
To WHOM IT MAY CONCERN :
I, A. S. Nicholson, hereby certify on honor that the information given
and report made by me to Hon. Edward E. Ayer, of the Board of Indian
Commissioners, regarding conditions on the Menominee Indian Reservation,
are true and correct to the best of my knowledge and belief. Figures of
record are copies of certified records of the Neopit operations, and other
120
information is obtained from sources which are creditable and upon per-
sonal investigation by myself and reputable employees here.
(Signed) A. S. NICHOLSON,
Supt. Menominee Indian Reservation.
Declared to before me this 9th day of January, 1914.
[SEAL] H. C. D. ASHFORD,
Notary Public.
My commission expires June 20, 1916.
EXHIBIT 29A.
Copy of correspondence between Mr. Edward E. Ayer, and
Mr. A. S. Nicholson, Neopit, Wisconsin, regarding the railroad
facilities at the Menominee Indian Mills.
CHICAGO, December 4, 1913.
MR. A. S. NICHOLSON, Superintendent,
Menominee Indian Mills,
Neopit, Wisconsin.
Dear Mr. Nicholson :
I was not satisfied, while I was up to your place, with the railroad facilities
there. A road practically without cars and two rates on everything must
make it very expensive and very dilatory in handling your business there.
I feel quite sure we can get the North- Western to build over from the
west: it doesn't, from the map, seem to me to be more than eight or ten
miles, and this would mean but one rate to all over the country, saving
practically the entire rate paid to the road that is now there.
Please write me fully, explaining just exactly how much rate they get,
etc., and what you consider the extra cost of handling a car; and the way
it ought to be if we got the North- Western to come in there, when they
would take the North-Western rate to all competitive points.
I don't know whether we could do it or not : I am going to find out what
the rates would be, and I think it would be a substantial saving on the cut
of the mill.
I am going to make this recommendation in my report and you can so
notify the Indians : I think they would be glad to know of any recommenda-
tions that would make them any more money.
Yours very truly,
EDWARD E. AYER.
NEOPIT, WiS., December 8, 1913.
HON. EDWARD E. AVER,
Chicago, Illinois.
My Dear Mr. Ayer :
Your letter of December 4th, regarding our railroad shipping conditions
here.
I am glad you bring this subject up. Our position is, briefly, as follows:
We are situated on the line of the Wisconsin & Northern R. R., a short
independent line running from the town of Shawano, northerly to Van
Ostrand, a point 4 miles north of our reservation line with no outlet or
railroad connection there. In Shawano the W. & N. R. R. has switching
121
arrangements with the C. & N. W. R. R. This road has two old engines, 2
passenger cars, a caboose and some flat cars with perhaps several box cars.
It has to depend entirely on the C. & N. W. for supply of cars to handle
shipments.
Its freight north from the south will approximate several cars per day.
Its freight out from here would average 17 to 20 cars per day. It picks up
occasionally some cars from Morgan Siding below here, and Gresham.
Our freight service is one train daily; combined with passenger service, two
trains daily. To Neopit from Shawano, 7 a. m. and 12 :30 p. m., and from
Shawano to Neopit, 9 :00 a. m. and 3 :45 a. m. when on time. Passenger rates,
4 cents a mile; local freight rates on same basis, while on through freight on
lumber products we get same rate as from Wausau Point and North- Western
line, namely, 10 cents per 100 to Chicago and other points correspondingly,
excf.pt to the north and northwest.
Our great handicap is car service. Perhaps the C. & N. W. does not wish
to favor this line, which rumor says is ultimately destined as a feeder for
the "Soo Lines"; but this we do know, — that many times we have taken
matter of car service up with the C. & N. W. agent at Green Bay and he has
said that plenty of cars were turned over to this line. In cases we have
known cars to be sent in and refused, the W. & N. R. R. saying that they
would do the ordering and not us. It seems to be their practice to scale
down the number of cars we want, and in cases we have known that cars
intended for us were diverted to Gresham, Morgan and Phlox. The C. &
N. W. found this out themselves when they sent cars here for ties that
never arrived. Their man, going over the line, found cars at other points.
Freightage in of course is very bad. Excess freight has much to do in
adding to cost of supplies. Shortage in cars necessarily results in can-
cellation of orders, as customers have to purchase elsewhere.
In 1911 Mr. Ashton, Vice-President of C. & N. W., took up matter of
their road coming in here and have engineer and several others make a
preliminary trip across the reserve. A line was run starting about at Under-
bill, thence westerly to Keshena, then northwesterly to Neopit and north
to their line. I cannot see whereby it would not be a paying proposition
for the C. & N. W. as well as excellent business for us.
Here is a product of millions in the rough for years to come. Manufac-
turers to ship for the same length of time, not counting other developments.
Outside of lumber, ties, posts, poles, pulp wood, firewood could be shipped.
Some things impossible to handle now. Whether the line comes in from
Mattoon to Neopit and thence northeast to Breed or, as the preliminary
was made, it would be good business all around.
With the North-Western in here, we could get fair rates north, east, south
and west ; save delay in shipping in and out through transfer having to be
made; obtain car service, which is the important item; and prevent lost
sales and send to the markets of the country some products which we are
long on and now hardly pay to make but which should be a revenue producer.
While on this subject another thought is presented as to a handicap here.
We must have cash in hand before shipment. We wire for money when
car is loaded. Demurrage is due after second day. We must pay if our
fault. Shipper kicks if charged to him. If reasonable credit could be given,
car permitted to go out, this would be overcome. It is a handicap in getting
some firms to buy here. The tribe in the past has gone on record in favor
of allowing the Chicago & North-Western R. R. to come in. Whatever could
be done on this line must be quietly as it is very easy for any opposition
122
to readily get hold of members here to manufacture sentiment in opposition.
The W. & N. R. R. would certainly take a hand.
Concerning present sales regulations, I find an amendment to law is neces-
sary. The Act of March 28, 1909, Section 3, reads:
Section 3. That the lumber, lath, shingles, poles, posts, bolts and
pulp wood, and other marketable materials so manufactured from the
timber cut upon such reservations shall be sold to the highest and
best bidder for cash, after due advertisement inviting proposals and
bids, under such rules and regulations as the Secretary of the Interior
may prescribe. The net proceeds of the sale of such lumber and
other materials shall be deposited in the Treasury of the United
States to the credit of the tribe entitled to the same. Such proceeds
shall bear interest at the rate of four per centum per annum, and the
interest shall be used for the benefit of such Indians in such manner
as the Secretary of the Interior shall prescribe."
If this wording were changed to read,
Section 3. That the lumber, lath, shingles, poles, posts, bolts and
pulp wood and other marketable materials so manufactured from the
timber cut upon such reservations shall be sold in the open market,
after due advertisement inviting proposals and bids, under such rules
and regulations as the Secretary of the Interior may prescribe, etc.,
this would permit regulations to be framed that would permit of business
being performed under conditions nearly on a par with any modern concern.
The possibility of loss would be little, a selected credit list could be estab-
lished, which would result in payment within say 10 days. Cars could then
go on, knowing checks were en route in mails, etc.
Respectfully,
A. S. NICHOLSON,
Superintendent.
EXHIBIT 29B.
Letter from Mr. A. S. Nicholson, accompanying map, dated
Neopit, Wisconsin, Dec. 22, 1913.
HON. EDWARD E. AYER,
Chicago, 111.
Dear Sir:
Replying to your letter of December 19th, I inclose you herewith a map
of logging showing cut district by years in various colors. I have marked
on line of our railroad in thin red ink line route taken by party headed by
Mr. Holland.
It is well to understand the problem confronting us at end of summer,
1910. Prior to this we had been cutting west of Neopit. In the summer of
1910 occurred the big fire northeasterly from Neopit, over sixty million feet
of timber being burned, a large per cent of which was pine. There was no
way of getting it to the mill. We had to go to Washington for legislation
to build railroad.
There were no roads through. We started to work October, 1910, to build
camps, cut a right of way over to this district and log the timber.
Early in 1911 bill passed permitting railroad to be built. We started at
123
the nearest point on the W. & N. R. R. and built railroad over to burned
district, and on June 14, 1911, hauled first load.
It was a question this year of saving the most valuable stuff. We logged
during year 1911 and 1912 on sites of Camps 11, 12 and 14. During this time
we had to pay trackage charge of sixty cents a loaded car to the W. & N.
R. R., which was about twenty cents per M. I asked the Department for
permission to extend railroad into Neopit direct to save this charge and
finally received permission to build ; and last winter, end of December,
1912, the first logs came in over this road straight to Neopit, from Camps
14, 15 and 16. Camps 11 and 12 had finished their cutting northerly. Of
course, in view of this fact, nothing could be done during this summer.
Nothing could be done except log along line of the railroad.
Mr. Brigham and Mr. Crowell, under my instructions, went over every
part of past operations on line of our railroad, skirted logging districts of
1910, 1911, 1912, and this past year, with instructions to scale everything
merchantable, locate the forties same was on, and whether same could come
to mill or not.
It is well to bear in mind the fact that where square timber men made
last winter they received permission to cut along line of the railroad into
Neopit, so that we could pick up behind them as we came along. Such
logs as were found were in main on edge of cuttings, where they can be
taken in in present work.
Another thing that should be considered is that on June 30th I lost
service of logging superintendent. He was suddenly taken ill and had to be
taken to hospital, Milwaukee, where a serious operation was performed, he
hovering between life and death for weeks. He finally resigned from service
altogether at end of July. Washington did not send me new man until
October 9th, although I took matter of successor up with them at once.
You can understand what this delay and change meant also. I had to
carry on the work alone and necessarily it perhaps dragged a little, helped
also by the extraordinary shortage of the labor situation for year past.
In spite of everything, I am confident that our woods are as well cut, well
cleaned up as c^n be reasonably expected. I mention the above incidents
as it would not be fair to both logging superintendents to criticise them.
The old one had his own plans and Mr Brigham came on the job some
time after the other left without really knowing what was on his mind for
future plans.
Respectfully,
(Signed) A. S. NICHOLSON,
Superintendent.
EXHIBIT 29C.
Letter from Mr. A. S. Nicholson, Supt. Menominee Indian
Mills, regarding the promises of Attorney Tyrrell to the Indians ;
letter dated Neopit, Wis., January 3, 1914.
Jan. 3, 1914.
HON. EDWARD E. AVER,
Chicago, 111.
My Dear Mr. Ayer :
Replying to your letter of January 3d, on promises of Attorney Tyrrell to
124
the Indians, the best information I can get is, of course, talk amongst the
Indians generally.
They have told the Indians that there is all kinds of waste here and to
effect that their money is, or will shortly all be used up. That this is the
reason why their interest money is not being paid to them in shape of an-
nuities.
They claim to be able to secure reimbursement to the tribe of approxi-
mately one-half million dollars claimed to be lost, through what is known as
dead and down operations.
They claim to be able to secure reimbursement to the tribe for timber cut
by Stockbridge tribe at the time of their temporary occupation of the
Menominee lands pending the arrangements for purchase of two townships
from the Menominee tribe.
They claim to be able to secure to the tribe Section 16 and the swamp
lands claimed by the State of Wisconsin under the Enabling Act notwith-
standing the fact that the matter is now before the U. S. Supreme Court,
which case is on calendar, I believe, for February, the Department of Justice
representing the Indian.
They claim to be able to secure to the tribe reimbursement of all moneys
paid out for education of the Indian from tribal funds, whether to mission
schools or Government, claiming same should be made by direct appropria-
tion of Congress.
They claim to be able to secure reimbursement to the tribe of certain
thousands of dollars lost in operations during the three years past. What
this is I do not know as it is of personal knowledge to me that in 1911, 1912
and 1913 the operation yielded a profit to the tribe.
They also claimed to be able to secure to the individual Indians who were
concerned in logging contracts all money deducted by the Government for
waste and non-compliance with terms of the contract. Also payment of
what is known as the traders' claims bills, but do not tell the tribe that if
this should be done that payment will come out of the tribal funds.
They also claim to be able to secure to the tribe all annuities due them
past and future. In fact, they claim to be a cure-all for anything, every-
thing of any nature. It is represented to certain Indians that they will pro-
tect them from the summary methods exercised by the superintendent, par-
ticularly relating to liquor trespass cases and in fact have taken steps at-
tempting to secure release of Indians, habitual boot leggers, who were ar-
rested on indictment by U. S. Grand Jury. This is a matter of record in this
office and that of the U. S. Attorney.
Their appeal has been such as to whet the appetite of the very worst ele-
ments of the Indian. For instance, to the so-called pagan Indian, a vast
sum of money is to be restored him, annuities are to come along whenever
he needs them. This, of course, to him brings rosy visions of not being
compelled to seek a living by work, and a dream of easy life and dances. It
also affects the other Indians somewhat inclined to be lazy and not work by
furnishing them with prospects of easy money to aid in living. It has a
certain appeal to the idle and worthless Indian, who makes a practice of
subsisting on his more industrious brother, knowing full well that there
will be a full larder in which he can participate either in meals or appeal
for a loan to tide himself over an emergency.
The effect of the whole is a far reaching one. It is about as follows: —
125
The Indian has been started on the road of industrial self-development. He
is fairly self-supporting Suddenly his attention is drawn to this fact,
What, you have plenty of money ; it's a crime it's withheld from you. We'll
get it for you; you will not have to work so hard. You can take things
easier. The Indian, thinking slowly, comes to the same conclusion. The
microbes in his blood from long ago ancestors assert themselves. To him
his wants are simple, — a little tea, pork, salt, some flour, etc., and once more
he can see visions of ideal contentedness. Did he know the value of a
dollar, know the necessity of being a producer of something to take the
place of what he spent, such preaching might not work much harm. It has
been my experience that money placed in the Indian's hands for which he
has not labored is a curse. This, of course, excepts the aged, the helpless
and orphan and certain Indians materially advanced.
Respectfully,
A. S. NICHOLSON,
Superintendent.
EXHIBIT 29D.
Questions asked Mr. A. S. Nicholson by Mr. Edward E. Ayer,
in regard to the selling of lumber at the Menominee Indian
Mills, December 12, 1913.
Mr. Ayer:
Q. How much of the cut of the plant is sold to the small yards direct?
Mr. Nicholson:
A. Less than two million.
Mr. Ayer:
Q. Then the rest is sold to the middleman?
Mr. Nicholson :
A. Yes, sir.
Mr. Ayer:
Q. In your judgment, how much do middlemen make on that lumber?
Mr. Nicholson :
A. Not less than $2.00 a thousand.
EXHIBIT 30.
Congressman Konop's letter of December 31, 1913, to Mr. F.
H. Abbott.
WASHINGTON, D. C., December 31, 1913.
F. H. ABBOTT, Secretary,
Board of Indian Commissioners,
Washington, D. C.
My Dear Mr. Abbott:
As per request I am returning to you the statement pertaining to the Board
of Indian Commissioners. I am of an entirely different mood relative to
this Board of Indian Commissioners than I was when you saw me. I at
126
that time thought that this Board of Indian Commissioners was of some
service, and Mr. Smiley and you gave me that impression. You also told me
that Mr. Ayer, who was sent to make an investigation of the milling opera-
tions at Neopit, Wis., was sent there to make a bona fide honest investiga-
tion of the milling operations. From the testimony that he has been gath-
ering at that place, and from the acts that he has done over there, I have lost
absolutely all confidence in his investigation and I think the investigation is
absolutely a farce. I think it is an investigation to whitewash Nicholson of
any complaints that may be made against him.
I am sending you a sample copy of some of the testimony that this man
has taken, from which it clearly appears that he is not making an investi-
gation of the business operations at Neopit, but is prying into extraneous
matters, belittling the complaints and complainants. I want to ask you
whether or not in your opinion you think that such an examination has any-
thing whatever to do with business operations at Neopit. This little bit of
testimony will convince any man that this man Ayer, instead of being there
to investigate matters for the benefit of the Indians, is there to pry into the
complaints made and belittle them as much as possible.
Very truly yours,
(Signed) THOMAS F. KONOP.
Copy of Mr. Edward E. Ayer's letter of January 8, 1914, to
Congressman Konop, of Wisconsin.
CHICAGO, January 8, 1914.
CONRESSMAN THOMAS F. KONOP, Wisconsin,
Washington, D. C.
Dear Sir:
Mr. F. H. Abbott has sent to me your letter to him of September 31, 1913.
The second day that I was at the Menominee Indian Reservation Mr.
Tyrrell said to me that you and Mr. Ballinger and he said to Commissioner
Sells that you would look with suspicion on any investigation made at the
Menominee Reservation by anybody that Mr. Abbott was associated with.
This remark introduced me to a type of men that I have never met before,
men who would voluntarily insult a Government Officer who was selected by
the Commissioner of Indian Affairs and the Secretary of the Interior to
make an investigation, before, even, the investigation was started. I imme-
diately told Mr. Tyrrell that Mr. Ballinger's and his opinion was a matter
of entire indifference to me and that as for Congressman Konop, he could
go to Hades.
I ought not to be astonished at receiving yours of December 31st to Mr.
Abbott, and still, I am. You are again insulting the Board of Indian Com-
missioners, appointed by the President as the advisors of the Indian De-
partment and the Secretary of the Interior.
Under Act of April 10, 1869, R. H. 2039, also under an Executive Order
of June 3, 1869, and an Act of July 3, 1870, R. S. 2041, and especially an act
of May 29, 1872, R. S. 2042, you can find out something probably new to
you in regard to the powers of the Commission.
Of course the motive of Mr. Ballinger and Mr. Tyrrell is well known, that
is, to get $8,000 a year for being attorneys of the Menominee Indians. What
127
yours can possibly be in thus grossly attacking a body of gentlemen who are
working without salary, and in some cases much expense to themselves, it is
almost impossible to imagine.
I have the most profound respect for the United States Senate and the
House of Representatives, but to my mind your being a member of the
House only shows that accidents may happen to the best regulated families,
and I feel sure that your district, in the grand State of my nativity, will see
to it that the accident does not happen a second time.
I am making your letter and my answer to you a part of my report on the
Menominee Indian Reservation, and have also had your letter photographed
for future reference.* I am also sending a copy of your letter, and my
answer to it, to-day to Commissioner Sells and Secretary Lane, that they
may see in advance the outside efforts at work to try to influence my inves-
tigation.
Yours very truly,
(Signed) EDWARD E. AVER.
*NoTE — My saying to Mr. Konop that I should keep his letter for future
reference certainly didn't mean that I should use it politically against him, of
course, as I would not do that under any circumstances ; and I take pleasure
in saying that upon Congressman Konop getting better posted on what was
going on in my investigation on the Menominee Indian Reservation and the
general work of the Commission, it must have entirely changed his mind
because he has been a constant and hearty supporter of the Indian Commis-
sion ever since.
EXHIBIT 31.
Letter from Mr. Reginald Oshkosh, of the Menominee Indian
Tribe, to Mr. Edward E. Ayer, dated Neopit, Wisconsin, Janu-
ary 10, 1914.
NEOPIT, Wis., Jan. 10th, 1914.
HON. EDWARD E. AYER,
Chicago, 111.
SIR:
In my efforts to furnish you the information and my opinions concerning
Mr. D. F. Tyrrell of Gillette, Wisconsin, an attorney at law, who professes
to be representing the Menominee tribe's interest, will be similar to that of
any other full blood and original member of the Menominee tribe, because
the various statements herein contained are obtained through rumors or
gossip only that are being circulated among the Indians by Mr. Tyrrell's
associates, and not by records of the Menominee Tribal Council as is the
custom.
Mr. Tyrrell's solicitation among the Indians as their counselor is being
entertained entirely by the descendants of the mixed bloods who withdrew
from the Menominee tribe under the treaty of 1849, and who through the
sympathy of the generous Menominee tribe have just recently been adopted
into the tribe, as well as the half-breeds of the wandering bands who de-
serted the Menominee tribe in time of need, about the year 1855, and who
likewise have been reinstated into the tribe only a short period of time and
128
from the full-blood and original members of the tribe the inside facts of
their real purpose and which I will endeavor to explain later.
We understand that Mr. Tyrrell in his talks to few of the Indians in his
several mass meetings with them while he was on the reservation, is that the
Government is not conducting our tribal affairs properly under the present
administration, and that he would show the tribe that their money is being
wasted, both at Keshena and Neopit, Wisconsin, and that he could prevent
all this waste by representing the tribe's interest himself and then cause a
thorough Congressional investigation which would then result in the removal
of the present officials and then he could chose whom he pleased from his
party and assign them to the vacant offices.
These actions of his, of course, is only keeping the Indians in a state of
continuous uproar and that means no benefit to the Indians ; that is what I
think about it.
We understand that the contractors from whom the Government deducted
certain moneys on "blow down" should have their claims paid. The white
contractor seems to be more anxious to have this claim paid than the Indian
contractor is.
The tribe does not see no good reasons why these claims should be paid
for the following reasons : —
The majority of the contractors were white men, such as Wallie Cook
of Oconto, Wisconsin, better known as the Lumber Crook; August Ander-
son of Shawano, Wisconsin, whom the Government is now prosecuting for
defrauding the Government on reservation timber and land, who did under-
take to defraud the Government in the scaling of the blown down timber they
did cut and hauled to landings. Mr. Tyrrell, who has been telling the In-
dians for over a year about the wasting of timber on this reservation, is the
attorney for these contractors who did cut and left logs on skids that was
never hauled to the mills or landings, which can be found all over the blown
down district at any time now deteriorating. Mr. Tyrrell does not think it
is a waste. If this is not a waste, I do not know what a waste is.
The reason why I have said that the majority of the contractors were white
men is that the white men done the logging under an Indian name, and
indeed very little, if any at all, did the Indian benefit out of the profits. The
Indian paid very few visits to his logging camps ; in some cases, I under-
stand, the Indians had never seen their logging camps.
Mr. Tyrrell is prosecuting the Menominee tribe to recover the claims of
individual Menominee Indians who were in partnership with these white
men in cutting this blown down timber and who did try to defraud the Gov-
ernment on the scale, and in many other ways did not live up to their con-
tracts. I do not see the tribe's benefits in this, since I understand the money
that Mr. Tyrrell demands is to be paid out of the tribal funds, I do not
know from any other source.
Mr. Tyrrell and his associates are inspiring in the minds of the Indians
that one million four hundred and forty-eight thousand dollars of the
Menominee Indian money has been wasted in the logging and milling opera-
tions under the act of March 28th, 1908 (35 Stat. L., 51), by the present
administration.
According to my observations and as far as my knowledge is concerned, in
the records of the Neopit office outside of the blown down timber question,
I cannot see any waste that would amount to those figures. Mr. Tyrrell
129
claims to be able to secure a payment to the Menominee tribe on certain
claims known as the two-mile strip claim.
Soon after the ratification of the Munsee-Stockbridge Treaty of 1856, a
mutual agreement was made by these two tribes with the Menominee tribe,
in which it was agreed to exchange land as follows : The Munsee-Stock-
bridge tribes agre,e to give to the Menominee tribe a two-mile strip of land
located on the north side of T. 28 N. R. 13 E. and T. 28 N. R. 14 E., for a
two-mile strip of land located on the west side T. 28 N., R. 15 E., on the
Menominee Reservation. While occupying this land the Munsee-Stock-
bridge tribes cut and sold the merchantable pine timber off from it.
In the meantime, by Act of Congress Feb. 6, 1871 (16 Stat, 404), sold the
following Munsee-Stockbridge land, T. 28 N., R. 13 E., and the north half
of T. 28 N., R. 14 E. This included the two-mile strip given to the Menom-
inee tribe under the mutual agreement, without their knowledge and con-
sent, and immediately after the discovery of the sale the Menominee tribe
demanded the forfeiture of the two-mile strip on T. 28 N., R. 15 E., and
vacate as well.
After many years had elapsed the business committee of the Menominee
tribe demanded an indemnity from the Munsee-Stockbridge tribes for all the
timber they had cut and sold from these lands.
About the year of 1901 a meeting was held at Keshena, Wisconsin, between
the Munsee-Stockbridge Tribes' Committee and Menominee Business Com-
mittee, to adjust this claim. Each committee was then represented by one of
its members while the Government was represented by the logging superin-
tendent of Keshena, Wisconsin, to go over the country and ascertain the
amount of timber cut and sold by the Munsee-Stockbridge tribes.
In their report they claim that they found it absolutely impossible to ascer-
tain by whom, where and the amount of timber that was cut on those lands,
for the reason that the Menominee Indians have been cutting some timber
from the same lands since the Munsee-Stockbridge tribes vacated it, and that
the stumps were so decayed and defaced by forest fires that nothing was
accomplished.
And the land and money that had been held in trust for the Munsee-
Stockbridge tribes by the government had all been distributed among them,
and the committee were unable to adjust the matter.
Therefore, I see no way by which a lawyer or anybody else can solve this
question.
Mr. Tyrrell claims to be able to restore to the Menominee tribe their title
to Section 16 and swamp lands now claimed by the State of Wisconsin, and
which question is now before the Supreme Court of the United States. We
full blood Menominee Indians doubt very much in Mr. Tyrrell's ability, and
we object to his doing anything in the case, for we know no other that is
more able to restore our title to us than the United States Government, and
which means no expense to the tribe.
Mr. Tyrrell claims to be able to secure annuity payments for the Menom-
inee tribe. We believe this is absolutely unnecessary to go through to the
expense in employing an attorney for this purpose only, and at the end have
his fees deducted from each one of our shares, when it can be secured by the
superintendent of the reservation as it has always been done in the past.
The inside facts of Mr. Tyrrell's real purpose is this :
Paying positions, land, money, timber and other properties of the reserva-
130
tion that are of any value has been the spoils for the unscrupulous political
grafter in the past.
Once more as he gazed upon the tempting magnificent belt of timber on our
reservation the unmerciful rich lumberman who has reaped his rich harvest
from it for thirty-two years, is not by any means discouraged by the de-
terminating efforts of the Government in lending a protecting hand to its wards
against the grafters who are now rapidly losing their grasps with much
regret. The methods under which the Government is handling Indian affairs
now are poison to the grafter, and they are now using different tactics to
overcome it.
First a meeting is necessary to organize properly. Members of the organ-
ization (the merchant, lumberman, land speculator, banker and the lawyer)
then their course is outlined as follows : An officer must be detailed to the
National Capital (Mr. Ballinger) whose duties it shall be to bring to bear
all his influence over every department of the Government that has jurisdic-
tion over Indian affairs and over all Members of Congress until their aim is
accomplished.
Second officer, the most important, whose qualifications must be of the
ruthless type (D. F. Tyrrell) who is to be detailed to the reservation, and
his duties are to approach the lazy, shiftless and low-bred half-breeds who are
as a general rule easy victims to small bribes, and who are to be the tools
(Tom Prickett and others), whose duties are to be to penetrate into the
Indian country and destroy the tribe, a protecting power, then preach mis-
representation concerning the management of their affairs by the Govern-
ment and create dissatisfaction among them, induce them to terminate their
relation with the Government as wards and divide the reservation resources.
If this is done then Mr. Tyrrell's real purpose is accomplished. The
Indian then is once more an easy picking for grafter.
Will be pleased to furnish any information to you at any time that will
mean the betterment to my people.
Respectfully,
(Signed) REGINALD OSHKOSH.
EXHIBIT 32.
I beg to present the views of a gentleman I met on the reser-
vation, who did not care to have his name mentioned, but who
had had great experience with the Indians and had thought of
the subject a great deal, and who expresses the following views
and suggestions :
I do not know of any case of abject suffering among the sick or old or
poor, or that they were not helped when in real need, either by their neigh-
bors, or were refused help by the agent. There are, of course, sick people
and poor people as everywhere, but the former received rations when old
and unable to work and the others were taken to the hospital, if they could
be induced to go there. I do not know of any case where a sick person was
refused admission to the hospital if the circumstances demanded it.
As regards tuberculosis and trachoma I must say that there have always
been cases of both ; whether they are on the increase or not I do not know,
131
as in former years the disease was not tabulated so carefully as now. If
the death record among the Catholic Indians shows anything, it shows that
the health of the tribe in late years is better than ever before.
Also in regard to intemperance in drinking, quite a change for the better
has come the last 5 years or so. It happens now rarely that an Indian is
found drunk on the reservation. It does occur, of course, now and then,
but never goes unpunished if found out. However, if instead of being de-
ported to Milwaukee to serve their time, drunkards would be made to
serve their sentence on the reservation, either improving the roads or
clearing land, I think it would be better, especially in the case of married
men. The real hardship of the punishment in such cases falls on the family
of the drunkard, and his wife is exposed to great moral danger during the
absence of the husband.
In regard to the mill at Neopit, I must say, as far as I can see, that it
has been a benefit to many Indians, as it gave them work, and several Indians
have done very well ; they have now decent houses and are working steadily
and are making a fair livelihood and are in every way better situated than
they were before the mill was built.
I think, too, that every Indian who was willing to work could find work,
and if he proved steady and competent, was paid fair wages. The com-
plaint about the mill since its erection was that it takes all the Indians'
money and was not making any for the Indians. Of course the construction
of the plant was a great expense, but if managed properly it would be
bound to make money and return a fair profit on the investment. Perhaps
a private concern could run it cheaper, not having to employ such a large
office force, and not being obliged to make so many exceptions in employing
men and being so restrained in disposing of the lumber.
And now, as to the farming proposition. I am convinced that farming
would indeed be the salvation of the Indian and the only way to civilize him
eventually. However, the steady work on a farm is not to his liking and he
is easily discouraged, if he cannot get the result of his labor right away.
I think that, allotting to every Indian who is willing to farm, 80 or 120
acres, to be his permanent home, and to advance him the money for improv-
ing the same, would be a step in the right direction to solve the Indian
problem, and to make him self-supporting. The condition, though, of getting
additional assistance should be : making new improvements, say, for every
acre of land cleared and cultivated advance $20.00 of value thereof in
implements, seed, etc., this to be charged to his balance. Also that a certain
number of horses and cattle be maintained and food for same raised and
stored on the premises.
The officer to look after this work should have authority to compel them
to work on the farm, otherwise nothing will come of all the regulations.
It would be good policy and, I think, necessary to advance them money
for the work they do on the farm, until they would have 40 acres or so
under plow, because otherwise they are obliged to work away from home
to get the necessary subsistence and no improvement is possible.
The old, sick and disabled to work would have to be supported as now by
rations and annuity. Those working at the mill or at a trade might get
help for building a ho\ise or making improvements on same ; but those able
to work should be made to work in order to get the use of their own money.
I know this seems unjust, as the money belongs to the Indian; yet if he
can get it without work and spend it as he pleases, the result will be that
132
the Indian will ever remain only a consumer and never a provider, and
when his substance is all wasted he will be a charge to the poorhouses.
Actual conditions and the experience of many years, I think, are proof
enough that money obtained without work is a curse, not a blessing, for the
Indian. For, big child that he is, he does not look ahead, but only at what he
needs today, and so he wastes his ready money for whatever strikes his fancy
and tickles his passion, and thus he grows up improvident and careless, and
fruitless as the poor Indian we know today. He will have a good time for
a day or two and for the rest of the year he is in need and misery.
EXHIBIT 33.
I
O
«2 .2
J I
•oJS
c "3
03 U
2
"o
2
"o
I
S
C
O
July 1-10 to Sept. 30-11 :
31,071,260 639,548
Oct. 1-11 to Sept. 30-12:
31,504,420 1,971,457
Oct. 1-12 to Sept. 30-13 :
33,712,710 2,839,980
fa
27,073,154
33,923,618
42,070,064
$45,389.60
50,926.42
42,931.64
$15,147.42
33,277.54
57,540.93
$60,537.02
84,203.96
100,472.57
96,288,390 5,450,985 103,066,836 $139,247.66 $105,965.89 $245,213.55
Net profit to Menominee Indian Mills over and above stumpage.
This is assuming that the Mills bought and paid for the stump-
age cut, at the rates shown on statements hereto attached $245,213.55
July 1, 1910, to Sept. 30, 1911,
Credited to stumpage and charged against operation 227,304.57
Oct. 1, 1911, to Sept. 30, 1912,
Credited to stumpage and charged against operation 112,144.78
Oct. 1, 1912, to Sept. 30, 1913,
Credited to stumpage and charged against operation 103,726.82
$688,389.72
Profit to Menominee Indian Tribe 103,066,836 ft. at $6.67 M stumpage
NOTES.
If the net profits on all operations of the Menominee Indian Mills were
credited to stumpage account in addition to the regular stumpage rates as
instructed by the U. S. Indian Office (letter Feb. 5, 1912—1. O. File 102661—
1911) then the Menominee Tribe of Indians have received an average of
133
$6.67 per thousand feet for their timber cut during the period from July 1,
1910, to Sept. 30, 1913.
The cash investment on capital stock of the Menominee Indian Mills on
July 1, 1910, is $1,062,106.79.
The foregoing amounts of net profit then show a net earing on this
investment as follows :
July 1, 1910, to Sept. 31, 1911:
15 months, net 4.2% per annum after deducting stumpage
Oct. 1, 1911, to Sept. 30, 1912:
12 months, net 7.9% per annum after deducting stumpage
Oct. 1, 1912, to Sept. 30, 1913 :
12 months, net 9.4% per annum after deducting stumpage
Average net 7 % per annum after deducting stumpage
The net loss on operations previous to July 1, 1910, is $269,695.92, which
should be taken off the books of the Menominee Indian Mills and the
capital invested be reduced that amount to $792,410.87, the true amount of
assets the Menominees had to conduct their business with on July 1, 1910,
which would show the percentage of profit on the capital invested as follows :
July 1, 1910, to Sept. 30, 1911 :
15 months, net 5.7% per annum after deducting stumpage
Oct. 1, 1911, to Sept. 30, 1912:
12 months, net 10.6% per annum after deducting stumpage
Oct. 1, 1912, to Sept. 30, 1913 :
12 months, net 12.7% per annum after deducting stumpage
Average net 9.5% per annum after deducting stumpage
RECEIPTS AND DISBURSEMENTS.
July 1, 1910, to Sept. 30, 1911 :
Receipts $520,169.49
Disbursements 509,732.18
$10,437.31
Oct. 1, 1911, to Sept. 30, 1912:
Receipts : . . 634,408.47
Disbursements 439,343.80
195,064.67
Oct. 1, 1912, to Sept. 30, 1913:
Receipts 722,644.71
Disbursements 476,660.36
245,984.35
Total receipts over disbursements $451,486.33
Net profit $245,213.55
Stumpage 443,176.17
Total profit $688,389.72
Excess of receipts over disbursements 451,486.33
Difference $236,903.39
134
This difference is accounted for by the fact that there are considerable
more products on hand in the yard on Sept. 30, 1913, than there were on
July 1, 1910, there being 28,325,980 feet of timber at close of Sept. 30,
1913, against 22,178,966 feet on July 1, 1910, also considerable lath, shingles
and other products, and also by the fact that the Menominee Indian Mills
have during this period from July 1, 1910, to Sept. 30, 1913, enlarged their
plant considerably, among some of which are the building of approximately
15 miles of railroad, railroad round houses, coal bins, purchase of two
engines, 65 log cars, caboose and railroad supplies, etc. Construction of
several permanent dwellings for employees, construction and repair of
dwellings for Indians, construction of lumber yard, tramways and pile bot-
toms to take cars of 38 to 40 million feet of lumber instead of 22 million
on hand July 1, 1910, construction of planing mill, including purchase of
machinery, etc., to double its capacity since July 1, 1910, enlargement of
mill to handle and manufacture by-products from slabs and refuse; and
sundry other improvements to the plant, also purchase of horses, lumber
buggies and sundry other equipment and supplies necessary to facilitate the
handling of a greater volume of business (31 to 36 million feet of lumber
per year against 20 million feet per year previous to July 1, 1910, besides
other by-products such as grating, pickets, slabs, etc.) and which appear in
our statement of resources and which of course do not affect the amount
of profit made and shown, but reduce cost items and increase products.
Plant, equipment and other items in the statement of resources, and are of
course on hand and carried at their cost (less a reasonable depreciation)
for future operations. These years operating have of course stood their
depreciation as per annual statements, amounting to $181.754.66 for this
period, July 1, 1910, to Sept. 30, 1913, and as instructed by the Indian
Office, which if not charged against operations would make net profit that
much greater.
The reasons for the receipts being only $10,467.31 over and above the
disbursements (not the profit} during the period from July 1, 1910, to Sept.
30, 1911, are, that considerably more products were on hand in the yard
on Sept. 30, 1911, than on July 1, 1910, there being 36,455,835 feet of lumber
alone on Sept. 30, 1911, against 22,178,966 feet on July 1, 1910, besides more
lath and other products; also that during this period the greater part of
the expense building the railroad, purchasing engines, logging cars, railroad
supplies, etc., building of several permanent dwellings.
The reason for the net profit on lumber being only $45,389.60 for this 15
months period is that considerable lumber that was on hand in the yard on
July 1, 1910, was cut from dead and down timber, and was sold at a loss,
and as our green cut was piled with the dead and down timber in order to
better dispose of it, and owing to the cramped conditions of the yard, it
was necessary to pile the green cut with the dead and down so that it was
a physical impossibility to account for each cut separately.
The overrun of logs into lumber during the period from July 1, 1910, to
Sept. 30, 1913, is 4,383,969, more than enough to make up the difference
between amount of logs cut, and lumber sold during this period and as there
was an inventory of logs, lumber and other products on hand at the end of
each accounting period, July 1, 1910, Sept. '30, 1911, 1912, and 1913, with the
exception of taking into consideration the sale of dead and down lumber
during 1910 and 1911, it is safe to assume that the yearly cuts of logs
shown in the foregoing statements were cut into lumber and other by-
products and sold.
135
Stumpage prices are about what maintain throughout this part of the
country where the same class and species of timber are cut and manufac-
tured.
This information was obtained by actual inquiry from 15 of largest opera-
tions in this section of Wisconsin, Michigan and Minnesota, all exchanging
stumpage prices. Such firms as Sawyer Goodman & Co., The Stephenson
Co., Diamond Lumber Company, Brown Bros. Lumber Co., Cloquet Lumber
Co., Virginia & Rainey Lake operations, and others. It also compares with
information gathered by the U. S. Forest Service.
LOGS CUT OCT. 1, 1912, TO SEPT. 30, 1913. AND STUMPAGE
CHARGED THEREON.
3,065,280 Ft. Pine, at $11.01
290,800 Norway, at 6.81
23,088,250 Hemlock, at 1.51
2,547,170 Birch, at 4.01
1,747,520 Maple, at 1.76
938,420 Basswood, at 6.26
9,950 Rock Elm, at 5.01
172,000 Soft Elm, at 4.21
128,960 Ash, at 5.01
248,970 Tamarack, at 2.41
48,610 Oak, at 11.51
6,010 Beech, at 2.41
7,090 Spruce, at 4.66
$33,748.72
1,980.34
34,863.25
10,214.15
3,075.63
5,874.51
49.85
724.12
646.09
600.01
559.50
14.77
33.03
$92,383.97
22,299,030 Ft.
Average $2.86 per M.
Above sawed into Lumber.
2,839,980 Ft. Logs and Timber cut and used in Construction
of Plant, Railroad, etc., also for shingles, posts,
poles, ties and miscellaneous operations $11,342.85
35,139,010 $103,726.82
1,413,630 Ft. Dead and Down Logs cut also, on which no stumpage is charged.
36,552,690 Ft.
Average $2.08 per M.
Average Stumpage from July 1, 1910, to Sept. 30, 1913, is
$4.35 per M Log Scale.
136
LOGS CUT JULY 1, 1910, TO SEPT. 30, 1911, AND STUMPAGE
CHARGED THEREON.
16,915,300 Ft. Pine, at $11.01 $186,237.45
8,273,950 Hemlock, at 1.51 12,493.66
1,569,770 Norway, at 6.81 10,660.13
1,699,730 Maple, at 1.76 2,991.52
629,700 Birch, at 4.01 2,525.10
1,231,990 Basswood, at 6.26 7,712.26
322,000 Rock Elm, at 5.01 1,613.22
368,250 Soft Elm, at 4.21 1,550.33
12,780 Oak, at 11.51 147.10
13,290 Ash, at 5.01 66.58
370 Hickory, at 5.16 1.91
34,130 Tamarack, at 2.41 82.25
31,071,260 Ft. $226,081.51
Average $7.27 per M.
Above sawed into Lumber.
639,548 Ft. Logs and Timber cut and used in construction of
Plant, etc., also for shingles, posts, poles and
miscellaneous operations $1,223.06
31,710,808 Ft.
Average $7.16 per M.
$227,304.57
LOGS CUT OCT. l, 1911, TO SEPT. 30, 1912, AND STUMPAGE
CHARGED THEREON.
5,314,960 Ft. White Pine, at $11.01
700,370 Norway, at 6.81
21,779,450 Hemlock, at 1.51
516,610 Maple, at 1.76
Birch, at 4.01
Basswood, at 6.26
Tamarack, at 2.41
Rock Elm, at 5.01
So'ft Elm, at 4.21
Oak, at 11.51
Ash, at 5.01
Beech, at 2.41
$58,517.70
4,769.51
32,886.97
909.13
7,772.46
2,040.82
118.74
164.03
70.64
42.82
83.66
116.59
30,743,260 $107,493.07
Average $3.80 per M.
Above sawed into Lumber.
1,971,457 Ft. Logs and Timber cut and used in construction of
Plant, Railroad, etc., also for shingles, posts,
poles, ties and miscellaneous operations $4,651.71
1,938,270
326,010
49,270
32,740
16,780
3,720
16,700
48,380
32,714,717
$112,144.78
137
761,160 Ft. Dead and Down Logs cut also on which no Stumgape
was charged.
33,475,877 7
Average $3.35 per M.
EXHIBIT 33A.
Stumpage Rates.
Specie
White pine
Per cent,
of Stand
.10
R
as!
Feet of
Stand
175,000,000
35,000,000
700,000,000
262,500,000
87,500,000
262,500,000
105,000,000
52,500,000
17,500,000
17,500,000
13,125,000
4,375,000
6,562,500
8,750,000
1,093,750
1,093,750
ate of Stt
Recomim
Oconto
Co.
$11.00
5.00
3.00
2.00
5.00
8.00
8.00
7.00
15.00
2.00
5.00
2.20
4.65
2.40
1.50
5.15
5.15
impage
:nded by
Indian
Office
$11.00
6.80
1.50
1.75
4.00
6.25
5.00
4.20
11.50
3.00
5.00
2.20
4.65
2.40
2.40
5.15
5.15
Amount
$1,925,000.00
238,000.00
1,050,000.00
459,375.00
340,000.00
1,640,625.00
525,000.00
220,500.00
201,250.00
52,500.00
65,625.00
9,625.00
30,515.62
20,900.00
2,625.00
5,632.28
Norway pine
.02
Hemlock
.40
Maple
.15
Birch
.05
Basswood
.15
Rock elm
.06
Soft elm
.03
Oak
.01
Cedar
.01
Ash
.0075
Balsam
.0025
Spruce
.00375
Tamarack
.0050
Beech
.000625
Butternut
.000625
Hickory
1. 1,750,000,000 3.88Av.6,787,172.90
NOTE — The above stumpage prices have been recommended by Indian Office
(letter of Feb. 5, 1912, I. O. File 102661-1911). The percentage of stand
has been fixed arbitrarily by Neopit office, based on opinions of the different
logging superintendents. Timber has never been cruised and estimated.
Above rates of stumpage are to be used by the Menominee Indian Mills in
wiping out the stumpage account, charging cost of logs with same as they
are cut. To the above rates will be added one cent (Ic.) per thousand feet
to wipe out cost of 50% of burning brush and entire cost of fighting forest
fires, which have been charged to the stumpage account, this expense being
incurred for the protection of the standing timber.
138
EXHIBIT 33B.
Total cut of each class of Timber during three years, with
stumpage recommendations of The Oconto Company and that
used by the Neopit office.
Rate of Stumpage
as Recommended by
Oconto Indian Oconto Co.
Feet Specie Co. Office Amount
25,295,540 White pine $11.00 $11.00 $278,250.94
43,141,650 Hemlock 3.00 1.50 129,424.89
2,560,940 Norway pine 5.00 6.80 12,804.70
5,115,140 Birch 5.00 4.00 25,575.70
3,963,860 Maple 2.00 1.75 7,927.72
2,496,420 Basswood 8.00 6.25 19,971.36
332,370 Tamarack 2.40 2.40 797.69
364,691 Rock elm 8.00 5.00 2,917.53
557,030 Soft elm 7.00 4.20 3,899.21
78,600 Ash 5.00 5.00 393.00
65,100 Oak 15.00 11.50 976.50
54,390 Beech 1.50 2.40 81.58
7,090 Spruce 4.65 4.65 32.90
370 Hickory 5.15 5.15 1.91
Amount, according to Oconto Co $483,055.63
Amount, according to Indian Office 443,176.17
$39,879.46
Profits during three years, according to Indian Office $245,213.55
Excess stumpage, according to Oconto Co. standard 39,879.38
Net profit during three years, after deducting stumpage according
to Oconto Co.'s standard $205,334.17
EXHIBIT 34.
Statements of different Indians at Keshena questioned by Mr.
Ayer with regard to their feelings about the general conditions
on the reservation and efforts being made to get money to pay
Mr. Tyrrell and his friends.
Statement of Louis Skeewicks :
I do not know myself; I have not attended any of the meetings, but this
is what I hear the tribe say: It is just like throwing our money in the
139
river — building new barns and houses at Keshena and Neopit, cutting timber,
building new roads, and so on. Lots of people are dissatisfied. The mill
is not making anything. No money coming in, all going out. I do not
know what the lawyer promised to do, but he was to help the tribe so there
would be no more trouble.
His
Louis SKEESICKS (Thumb Print).
Mark.
Witness to mark :
FRANCIS M. BADGER,
Financial Clerk, Keshena Indian School,
Keshena, Wise.
JOHN F. WAUKECHON,
Assistant Clerk.
H. P. MARBI.E,
Assistant Superintendent.
Keshena, Wis., January 10, 1914.
EXHIBIT 35.
Statement of Sam Pywaukee, questioned by H. P. Marble,
Assistant Superintendent, through John F. Waukechon, Inter-
preter.
Mr. Marble explains : Board of Indian Commissioners have sent out for
information in regard to Indians desiring employment of an attorney.
Q. He knows this man Tyrrell, does he? Ever met him?
A. The man from Gillette?
Q. Yes, I guess that is the man.
A. Yes, he says, the man from Gillette was here last spring and went
through the reservation.
Q. What did he claim he would be able to do for the Indians?
A. He says that he went over the logging here; that is, the Menominee
Reservation.
A. And what about it?
A. He said the Menominees had asked him to go over the logging on
the Menominee Reservation.
Q. Did he say WHAT Menominees asked him to?
A. He says he knows of three. He says he don't think anybody can
say — it was the whole tribe.
Q. After looking over the logging, what did he offer to do for the tribe?
A. Well, he says, he took note of everything. He seen what was wasted
in the line of timber and made his report to Washington.
Q. What payment was made to him for this service?
A. He did get something. No man will work for nothing. He expects
to get something for his meals, anyway.
Q. How much?
140
A. They had paid him $500.00 in cash.
Q. Is that for work he has done already, or is going to do for them?
A. He says they gave this $500.00 when he left for Washington. That
money was used in Washington while he was there.
Q. What were they to pay him in addition for his services?
A. He says, I don't know and I don't think the lawyer knows what he
is going to get. Of course, a man when through working knows what he
gets.
Q. Did he enter into contract with them for what he was to get?
A. He did not enter into contract with them. The lawyer said if he
accomplished anything at Washington they could pay him.
Q. Does he know who paid the $500.00 ?
A. The money was borrowed and is to be paid from the tribal funds.
Q. Who borrowed it, does he know?
A. Well, he says, no particular one borrowed the money, but says the men
then there at the meeting, and they got $250.00 from Louis LaFrambois.
Q. Who else did they get some from?
A. He says that the other $250.00 was furnished by a white man living
at Neopit. He gave it to the lawyer when he left, and that was paid back
by the tribe.
Q. Of what white man?
A. He says, Joe Gristo's father-in-law.
Q. Does he know what his name is? I would know it if I heard it.
A. Derosier. He says, that man was discharged at Neopit just on that
account
Q. Was there any other man gave to him that he knows?
A. Derosier furnished $200.00 and the other $50.00 was furnished by
himself (this man here, Sam Pywaukee).
Q. What papers did he get to show that he loaned the money?
A. (Produces paper, hands it to Mr. Marble, who reads it) :
"Keshena, Wis., Ncv. 10th, 1913.
This is to certify that we have received $50.00 from .'am Pywaukee,
the same to be used to hire D. F. Tyrrell, Attorney-at-Law, in behalf
of the Menominee Tribe, to conduct the investigation of affairs at
Neopit in the near future."
(Signed) Louis LAFRAMBOIS,
JOE LONGLEY,
TOM PRICKETT.
Q. Does he know just what is on that paper?
A. No, he says he only loaned the money and he is to get it back.
Q. Did he look at that paper? That paper does not say they will pay
back anything; just simply acknowledges receipt of the money. I am just
telling him that for his own information. No difference, of course, if he
wants it to go that way.
Q. Was it the general understanding that money is wasted among In-
dians— was that the general understanding at Neopit?
A. Yes.
141
Q. Did Mr. Tyrrell say that was the case after he had investigated?
A. Yes, sir; he did.
Q. Did he say he would be able to secure a change, so they would not
lose money?
A. Yes, sir.
Q. Did he say that he would be able to secure annuity payments for them?
A. Yes.
Q. How much did he say he would secure for them this year?
A. He says he might be able to get $20.00 during the month of January
and $40.00 in the spring. This part was told me by Tom Prickett.
Q. And what in the future, any more after that?
A. That he does not know. Only for one year.
Q. Did he say anything about the Stockbridge claim, over here — the two-
mile strip
A. That he does not know ; did not hear him say anything about that.
Q. Did he say anything about the claims for the blow-down districts?
A. He did not know.
Q. Did he hear him say anything about Section 16 and the swamp lands
in Wisconsin?
A. Don't know anything about that.
Q. From general talk, what does he understand about money being wasted
in Neopit? What does he think about it?
A. Says he thinks that money is wasted up there.
Q. How does he think it is wasted?
A. Well, he says, the money that was used on improvements for roads, he
says, he thinks they don't ask the tribe if that money can be expended for
that purpose.
Q. He thinks that all that is wasted; just money on roads?
A. Not that alone, but timber, and other work they do up there at the
mill. They are not making anything.
Q. What makes him think the mill is not making money?
A. Well, he says, because the people don't get any annuity and the money
must be used there and spent there. Now he says where does that money
come from for building those nice buildings at Neopit?
Q. (Answering questions put in above answer). Out of interest on the
Menominee Log Fund. If they had been getting annuities, would they think
the mill was making money
A. Yes, then he would think that they were making money.
I certify that the above statement was given by me in answers to the
queries asked and that the above contains no material misrepresentation of
what was said by me.
His
SAM PYWAUKEE (Thumb print).
Mark.
Witness to mark:
FRANCES M. BADGER.
Made in presence of
H. P. MARBLE,
JOHN F. WAUKECHON.
142
EXHIBIT 36.
Statement of Henry Mellott:
My understanding is that Tyrrell has promised to get for the old soldiers
one dollar a day, and was to help the tribe all through, for their benefit. I
did not see the letter, but heard LaFrambois report that the tribe was to
receive $40 per capita this winter if we hired Tyrrell. About $200 was
raised around Keshena and given to Tyrrell, but it is understood that he is
working for the tribe and this money is to be paid back to the ones who
loaned it.
Tyrrell had pictures showing the waste of timber on the reservation, and
reported that he had investigated and found the mill at Neopit to be losing
money. He promised he would have the laws changed, so it would not lose
any more.
The reason I think the mill is losing money is because we do not get any
more annuities, like we used to, when we ask for it. If the annuities were
paid I would think the mill was making money.
Tyrrell also said he would work to get back the swamp and school lands
which the State is taking from us.
Tribal members claim there is too much money being spent for roads,
houses in Neopit, dairy barn at the Keshena school, and for other buildings ;
the tribal members think this should not be spent this way. It would be bet-
ter to pay it to the Indian in annuities.
His
HENRY MELLOTT (Thumb print).
Mark.
Witness to mark:
FRANCES M. BADGER,
ZORA F. MARBLE.
Statement made in the presence of
H. P. MARBLE,
Assistant Superintendent.
EXHIBIT 37.
Statement of Louis Keshena, at Keshena, Wis. :
My understanding is that Tyrrell and the other attorney are to try to get
"blown down" claims paid, but if they do it seems to me they will have to
be paid by the tribe. Many members think these claims are to be paid by
the Government, but I do not want anything to do with lawyers in this. They
are the cause of all the trouble in th'e past about this blow down business.
I hear that some members of the tribe have been loaning money to pay to
Tyrrell, and they say the tribe is to pay this back, but I do not see how the
tribe can be held for this money unless some council agrees to it. I hear
some parties have taken money belonging to the church societies, the Relief
Corps, and so on, and have loaned it for the lawyer, and they tell me they
have no security for it, so they must have to make it good themselves. I hear
much talk about the Neopit mill losing money and think the tribal members
143
believe this because we do not receive annuities any more. I did not talk to
Tyrrell myself, but I hear these things from other members who are working
for him to get a contract. I also understand that Tyrrell is to secure an-
nuity payment for the Menominees.
(Signed) Louis KESHENA.
Statement made in presence of :
(Signed) JOHN F. WAUKECHON, Asst. Clerk.
(Signed, H. P. MARBLE, Asst. Supt.
Keshena, Wis., Jan. 10, 1914.
EXHIBIT 38.
Statement of Joe O'Katchicum :
Q. What do you understand Tyrrell promises to do for the Menomniee
Indians?
A. I understand the Indians hire the lawyer to get their annuities for them.
Q. Do you understand the Neopit operations are losing money?
A. I hear the Indians talking about the mills not making any money, and
that our money in the Treasury is going out — none coming in.
Q. Do you understand that Tyrrell investigated conditions around the
mill?
A. I hear other people say that the lawyer went through the cutting around
Neopit.
Q. Do you yourself think that the Neopit operations are losing money
now?
A. I know they are. The Neopit mill has been losing our money ever since
it started. I know this because we do not get our annuities now like we
used to.
I hereby certify that the above questions were asked by myself and an-
swered in the manner indicated by Joe O'Katchicum, an enrolled Menominee
Indian, the questions and answers being interpreted by John F. Waukechon,
assistant clerk, Keshena, who also certifies the same to be correct.
(Signed) H. P. MARBLE,
Assistant Superintendent.
JOHN F. WAUKECHON,
Assistant Clerk.
Keshena, Wisconsin, January 13, 1914.
EXHIBIT 39.
Statement of Peter Tomaw:
I have never talked to Mr Tyrrell personally, but the members tell me
that he has investigated and finds that lots of money has been wasted on
this reservation, such as buying automobiles and erecting fire towers, and
he has promised to recover all of this money for the tribe. I know that the
agent never asked the tribe if they wanted these automobiles bought or
these towers built. I know that the Neopit mill is losing money because we
144
have not received any money this year in annuities. If we were getting our
annuities I would know that the mill was making money, for when we used
to log ourselves we made money and put it in the bank. I am sure there is
timber being wasted as Mr. Tyrrell says for I have seen logs cut last winter
which have not yet been taken to the mill. Those who talked for Mr. Tyrrell
promised that he would get us our annuities and get back all of our wasted
money. I am president of the Temperance Society of West Branch and
loaned $20.00 belonging to the society to Mitchell Komanekin to be used to
pay Tyrrell, but the tribe is to pay it back. I do not have any papers to
show that the money is to be paid back, but am sure they will do it.
his
PETER TOMAW (Thumb Print.)
mark.
Witness to mark :
FRANCES M. BADGER,
Financial Clerk, Keshena Indian School, Keshena, Wis.
Statement made in presence of :
JOHN F. WAUKECOHN,
Assistant Clerk.
H. P. MARBLE,
Assistant Superintendent.
Keshena, Wis., January 12, 1914.
EXHIBIT 40.
Copy of letter fror". Mr. Webster Ballinger to Mr. Mitchell
Oshkenaniew, dated September 11, 1913.
MR. MITCHELL OSHKENANIEW,
Neopit, Wisconsin.
DEAR SIR:
Answering your letter of the 6th instant, when I wrote you on the 22d
ultimo, I gave you the amount of the principal of the log fund as shown by
the books of the Treasury. The statement given out by the Indian Bureau
is correct as to the total amount of funds from all sources standing to the
credit of the Menominee Indians. Let me explain this statement to you. The
first item, entitled "Menominee Fund," $153,039.38, represents the fund arising
out of Act of April 1, 1880 (21 Stat. L. 70). The second item, "Interest on
same," amounting to $816.05, represents the unexpended balance of the ac-
crued interest on the first item of $153,039.38. The third item, "Menominee
Log Funds," $1,737,550.67, represents the principal of the log funds and to
which was transferred under the Comptroller's decision of June 28, 1912, all
the funds standing to the credit of the Menominee 4% funds and interest
thereon. The fourth item, "Interest on same," amounting to $4,045.19, repre-
sents the unexpended balance of the accrued interest on the log funds. The
last item, "Fulfilling Treaties with Menominee — Logs," amounting to
$79,722.67, represents the interest on the first item of $153,039.38, the third
item of $1,737,550.67 and the interest on the Menominee 4% Fund of
145
$184,319.40, which was last year transferred under the Comptroller's decision
of June 28, 1912, to the Menominee log funds.
The Menominee log funds which amounted on June 30, 1907, to $2,335,691.48
are to-day, after the transfer of the 4% funds to that account, $598,140.81
less than they were on June 30, 1907. I observe that the statement furnished
by the Department is silent upon the question of the amount of timber cut
during the year or during the preceding years. It merely sets out the funds
of the tribe on deposit in the Treasury and the alleged value of the improve-
ments and lumber on hand on the reservation. The improvements, appearing
upon the second page of the statement are given the value they originally
cost, without deduction for deterioration. It is safe to estimate that these
improvements, costing an aggregate of $791,870.63, have depreciated by wear
and decay from 25 to 50% since constructed.
The value placed upon the lumber on hand is in excess of its actual value,
as I am advised that most of the lumber on hand represents the cullings of
the mill.
Assuming that the timber cut on the reservation under the Acts of 1906
ing 30 per cent for depreciation on the mill and other improvements, the ac-
and 1908 was worth $1,600,000.00 which is not taken into account, and allow-
count of the Menominees for the past five years would be as follows :
Menominee Log Fund $2,335,691.48
Loss in interest on said fund by use of part of fund
for logging operations and improvements (approxi-
mately 329,461.40
Value of timber cut during 5 years 1,600,000.00
Total $4,265,142.88
Menominee Log Funds, June 30, 1913 $1,737,550.67
Interest on said sum for 1 year at 5%, approximately 70,000.00
Tangible assets, mills, plant, buildings, etc., total
cost $791,870.63, less 30% for deterioration 553,309.45
Total value of lumber on hand, as per agent's esti-
mate 474,866.33
Total $2,835,726.45
Total loss to the tribe during 5 years' operation, approximately. .$1,429,426.43
These matters have been brought to the attention of the departmental
officials by me and are now supposedly under consideration. The House
and Senate have appointed members of a joint committee of Congress to
investigate all Indian matters. Unless action is taken by the Department
before the joint committee commences its investigations I shall, if the tribe
desires me to do so, bring these matters to the attention of that committee and
ask for a full and complete investigation of the affairs of the Menominee
Indians. You are at liberty to read this letter to the Menominee Indians in
Council if you so desire. I am returning herewith the statement furnished
the Menominee Indians by the Indian Bureau and will be obliged to you if
you will return the same to me.
Trusting that I have fully answered your communication, I remain,
Very truly yours,
(Signed) WEBSTER BAW.INGEB.
INDEX.
Adams, Peter L., inspection of mill property by, 8; occupation of, 35;
report of, 35-37.
Agitation among Menominee Indians, expense of, 14; motive of, 19; ring
leaders in, 118; results of 12-13, 115.
Amour, Adolph, record of, 105.
Annuities, delay in payment of, 86, 102; loss of, 84, 144; need of, 76, 101,
130; promises of, 90, 124, 141, 142, 143; recommendation regarding, 24.
Ayer, Edward E., recommendations of, 15-18, 21, 24, 77, 80; report of,
7-22; supplementary report of, 22-24.
Ballinger, Webster, criticism of, 130; letter to Mitchall Oshkananiew
from, 144-145; loss to tribe claimed by, 22; money sent to, 11, 14, 40,
41; motives of, 126-127; statements of loss by, 90-91; supposed influ-
ence of, 116.
Bank, recommendation regarding, 17.
Beauprey, Simon, inspection of logging operations by, 53; interview be-
tween Edward E. Ayer and, 80; occupation of, 80; record of, 104.
Board of Indian Commissioners, assistance of, 79; functions of, 2; insult
to, 20, 126; request for investigation by, 7.
Brigham, E. J., affidavit of, 65; inspection of logging operations by, 10,
11, 53, 66; interview between Edward E. Ayer and, 66-67; log scaling
by, 11, 12, 63-65; occupation of, 10.
Cattle, hay for, 80; need of, 131; recommendations regarding, 17, 83.
Cedar, left in woods, 60; quality of, 60-61; waste of, 50-51.
Checks, exchange on, 17; handling of, 116.
Chicago & Northwestern Railroad, arrangements between W. & N. R. R.
and, 120-121; opposition to, 121; proposition of, 121.
Chickeney, interview between Edward E. Ayer and, 74-76; occupation
of, 74; record of, 104.
Claims, "blow down," 70, 96, 128, 142; Cook's, 96, 116-117, 128; nature of,
92; on contracts, 96-97, 108, 116, 124, 128; Government's position re-
garding, 96-97; State of Wisconsin's, 117, 124, 129; Stockbridge, 70,
93, 117, 124, 129; traders', 116.
Commissioner of Indian Affairs, approval of investigation by, 7; assign-
ment of forest supervisor by, 10; letter from regarding D. F. Tyrrell,
7; letter from D. F. Tyrrell to, 25-26; letter of, transmiting D. F.
Tyrrell's letter, 98; letter to Edward E. Ayer from, 25; supposed at-
titude of, 90; transmittal to, of Congressman Konop's letter, 20.
Cook, claims of, 41-42, 96, 116-117, 128.
Crowell, Lincoln, affidavit of, 65; inspection of logging operations by,
11, 53, 66; interview between Edward E. Ayer and, 66-67; log scaling
by, 11, 12, 63-65; occupation of, 10.
Derosier, loan of, 118; money furnished by, 140.
Duquaine, Charles, record of, 105.
148
Elm, prices for, 21, 52; profit on, 62; quantity of, sold, 21; waste of, 51.
Evergreen District, logging operations in, 12, 50; fire in, 57.
Farms, acreage of, 6; allotment of, 15, 131; conditions of, 6; desirability
of, 79; funds for development of, 16, 82, 131; land suitable for, 80, 81;
necessity of, 131; opinions regarding, 93.
Forests, distribution of, 5; estimated stand of, 5; estimated value of, 5;
species of trees in, 5.
Frechette, Charles, interview between Edward E. Ayer and, 85; record
of, 105.
Funds, tribal, amount of, 6; disposition of, 68, 70; increase in, 19, 38, 74,
80, 84; Menominee Log, 102, 103, 144-145; on deposit in United States
Treasury, 6; payment of claims from, 128; payment of attorneys out
* of, 2-1; promises of refund from, 23-24; recommendations regarding,
15, 16, 83, 110, 113; source of, 6; waste of, 128, 138-139, 141, 143-144,
145; Ballenger's statement regarding, 144-145.
Gauthier, Frank, interview between Edward E. Ayer and, 76; occupation
of, 77; record of, 103.
Gristo, Joe, interview between Edward E. Ayer and, 72-74; occupation
of, 72.
Hemlock, burned, 50, 81; fire-killed, 53; quantity of, 11, 21; scale of, 63.
65, 66; waste of, 50-51.
Holland, affidavit of, 30; inspection of logging operations by, 53; inspec-
tion of milling property by, 8; occupation of, 7; reports of, 28-30.
Hospital, condition of, 14.
Kakatosh, John, interview between Edward E. Ayer and, 77-78; occupa-
tion of, 78.
Kaquatosh, Louis, record of, 106.
Kemnitz, L. W., affidavit of, 33; interview between Edward E. Ayer and,
33; logs left by, 56-57; payment by, 62; timber cut by, 52, 55.
Keshena, proposal for traveling library for, 15; seat of agency at, 6.
Keshena, Frank, record of, 105.
Keshena, Louis, statement of, 142-143.
Kinney, J. P., affidavit of, 63; inspection of logging operations by, 10,
11, 53; occupation of, 10; report of, 53-63; summary of detailed re-
port of, 49-52; supplementary report of, 52-53.
Komanekin, Mitchell, inspection of logging operations by, 54.
Konop, Congressman, influence of, 119; letter to F. H. Abbott from, 125-
126; letter of Edward E. Ayer to, 126-127; note on, 127.
LaBell, Tom, operations of, 29, 59; record of, 105.
Labor, employment of Indian, 68, 71, 98-99, 107, 108; inefficiency of, 107,
108-109; payment of, 43; percentage of, 43; shortage of, 112; trouble
with, 36; unreliability of, 107.
LaFrambois, Louis, criticism by, 54; difficulties of, 89; grievance of, 43;
inspection by, 53; interview between Edward E. Ayer and, 42-45;
letter to Edward E. Ayer from, 46; letter to D. F. Tyrrell from, 44,
45; money raised by, 9, 41, 45-46, 89, 140; record of, 106.
LaFrambois, Sam, record of, 104.
Lamotte, Peter, interview between Edward E. Ayer and, 82-83; record
of, 106.
LaPorte Brothers, interview between Edward E. Ayer and, 48-49; occu-
pation of, 48.
149
Law, Joe, record of, 106.
Liquor, question of, 68; interests, influence of, 103.
Logging operations, charges of mismanagement of, 26-27, 45; commenda-
tion of, 30, 68, 81; contracts under, 108, 113-114; criticism of, 54, 57,
94; examination of, 53-63; impressions regarding, 49, 61; inspection
of, 10, 11, 28, 31, 32, 40, 66, 67; location of, 49-50, 54, 122; loss in, 109;
objection to manner of, 54; problems of, 122.
Logs, average cut of, 12; cost of, 12, 50; plaint of misuse of, 29, 30,
57, 58; cut of by seasons, 114-115, 132, 135-137; deterioration of, 54;
in swamps, 29; left in woods, 53, 57, 58, 111-112, 113; prices per M.,
135-137; percentage of, accessible, 67; protection of, 112; redecking
of, 28, 54-55; scale of, 60, 62, 63-65; waste of, 58, 59, 60; white pine,
57, 58.
Longley, Joseph, inspection of logging operations by, 54; money raised
by, 140; record of, 104.
Lookaround, interview between Edward E. Ayer and, 67-69; occupation
of, 67; questions answered by, 70.
Lumber, condition of, 34; cost of, 51; cut of by years, 132; grades of, 48;
miscuts of, 36; prices of, 51-52; system of selling, 16-17, 18, 109-110.
Machinery, condition of, 35, 36, 46, 47, 48, 49.
Marble, Mrs. Myrtle, interview between Edward E. Ayer and, 99-101;
occupation of, 99.
McCall, George T., interview between Edward E. Ayer and, 80-82; occu-
pation of, 80; record of, 105.
Mellott, Henry, statement of, 142.
Menominee Indians, care of aged and sick, 15, 20, 100, 101, 114, 130; char-
acter of, 5; conditions among, 14, 44, 99, 107-108; dissatisfaction
among, 68, 69, 71, 73, 75, 83, 91, 92, 102; education of, 100; enrollment
among, 93; financial assistance for, 110, 111; industries of, 100; in-
temperance among, 131; morality of, 101; needs of, 101; outside in-
fluence upon, 115, 118, 119, 125; percentage of pagans among, 99;
physique of, 5; poverty among, 83, 94; prohibition of trading among,
116; property of, 15; pursuits of, 24; relations with, 57; sale of products
of, 100; sanitary conditions among, 100; social advancement of, 6;
system of dealing with, 15; trachoma among, 28; trouble among, 115;
tuberculosis among, 100, 130, 131.
Menominee Indian Reservation, area of, 5; arrangements for investiga-
tion of, 7; complaints against administration of, 7, 25, 26, 27; condi-
tions on, 19, 68, 103, 107, 115; cruise of, 15, 21, 78, 81, 82, 111; expenses
of, 102; forests of, 5; necessity of investigation of, 92; plan of manage-
ment of, 21; recommendations regarding, 15; situation of, 5; soil of, 5.
Menominee Mills, account of, 38, 75, 87, 113; annual output of, 6; benefit
from, 82, 131; capital stock of, 133; charges against management of,
20, 27, 46, 116; clean up of, 41; conditions in, 8, 35, 42, 48; cost of, 6;
difficulty of operation of, 14; educational effect of, 6; idea in estab-
lishing, 19; inspection of, 8; investment in, 102; location of, 6; loss
claimed through operation of, 22, 86, 90, 92-93, 131, 143; machinery
of, 9, 35; money repaid to, 119; opposition to, 73, 74, 75; profits of,
132-133; prosperity of, 19, 78, 80, 82, 85; sale of product of, 16; waste
in, 8, 9.
150
Mill yard, cleanliness of, 9, 33, 39, 72, 75, 97; condition of, 8, 28, 74; filling
of, 34; location of, 8; inspection of, 28, 31.
Miscuts, amount of, 109; complaint of, 71, 77; percentage of, 36; sale
of, 109.
Missions, effect of, 14.
Nelson, Bernard C., interview between Edward E. Ayer and, 34-35; occu-
pation of, 34.
Neopit, library at, 15; population of, 6.
Nicholson, A. S., accounts of, 31; affidavit of, 119-120; attitude of, 51;
charges against, 18, 106; commendation of, 68; complaints against,
38, 39, 45; correspondence between Edward E. Ayer and, 102-125;
inspections by, 8, 10, 53; justice to, 18; letter to Edward E. Ayer
from, 88-89; letter regarding Mitchell Oshkananiew from, 11; occu-
pation of, 102.
Oconto Company, The, Stumpage rate of, 23.
O'Katchicum, Joe, statement of, 143.
Oshkananiew, Louis, interview between Edward E. Ayer and, 85; occu-
pation of, 85.
Oshkananiew, Mitchell, correspondence between Edward E. Ayer and,
90-91; discharge of, 86; interview between Edward E. Ayer and, 85-
87; letter to Edward E. Ayer from, 87-88; letter of A. S. Nicholson
regarding, 11, 88; letter from Webster Ballinger to, 144-145; record
of, 104.
Oshkosh, Reginald, inspection of logging operations by, 53; letter to
Edward E. Ayer from, 127-130; record of, 106; remarks on, 20.
Pine, burned, 81; growth of, 56; logs, deterioration of, 54; necessity of
cutting, 23; prices for, 21, 85; quantity of, sold, 21; saving of, 50; se-
lection of, 21; scale of, 53-65; loss on, 12; waste of, 50-51, 56.
Prickett, Thomas, inspection of logging operations by, 53; interview be-
tween Edward E. Ayer and, 37-38, 40-42; letter to D. F. Tyrrell from,
38; money raised by, 140; record of, 103.
Pywaukee, Sam, statement of, 139-141.
Railroad, consideration of, 18; construction of, 122-123; cut-off, 58; ex-
penses of, 58; fill, 57, 58; grade, 58; legislation for, 122; need of, 15;
recommendations regarding, 15.
Receipts and disbursements, accounting for, 134; per annum, 133; rea-
sons for difference between, 134; total of, 133.
Resaw, condition of, 35, 36, 46, 47.
Sales, regulations regarding, 122.
Sanapaw, Robert, inspections of logging operations by, 53.
Scale, by Brigham and Crowell, 11, 12, 63-65; by years, 123; loss through,
123.
Schools, capacity of, 6 ; day, 6 ; feeling toward, 100 ; Government, 101 ;
mission, 6, 101; recommendation regarding, 17.
Secretary of the Interior, approval of investigation by, 7; authority of,
102; transmittal of Congressman Konop's letter to, 20.
Skeewicks, Louis, statement of, 138.
Smith, Philip R., affidavit of, 33; inspections by, 10, 53; occupation of, 7;
report of, 31-32.
Stores, recommendation regarding, 17.
151
Stumpage, amount of, 22-23; on logs, 135-137; per annum, 133; prices
for, 51, 134; rates of, 137-138; remarks regarding, 23.
Tebeau, cedar cut by, 50, 60; record of, 104; "staking" of, 50.
Timber, amount of, 21; growth of, 81; prices on, 32; waste of, 50, 71.
Tomaw, Peter, money raised by, 23, 24; statement of, 143-144.
Tourtilott, C. A., occupation of, 70; interview between Edward E. Ayer
and, 70-71.
Tribe, charges of loss to, 28, 29, 30; committee appointed by, 40; labor
figures of, 6; money raised by, 40, 41; membership of, 6; statistics
regarding, 6; wages of, 6.
Tucker, Mose, occupation of, 79; interview between Edward E. Ayer
and, 79-80; record of, 104.
Turney, J. T., complaints against, 36; discharge of, 37; interview between
Edward E. Ayer and, 46-47; occupation of, 46.
Tyrrell, D. F., activity of, 20; attitude of, 32; charges of, 7; claims of,
13, 128; conduct of, 19; conversation between Edward E. Ayer and,
91-97; criticism of, 54; employment of, 39, 87, 88, 89, 92, 93, 95; ex-
penses of, 41, 94; ignorance of, regarding timber, 30; influence of, 91;
inspections by, 8, 10, 53, 54; letter to Hon. Cato Sells from, 25, 26;
letter from Louis D. LaFrambois to, 44-45; letter to Edward E.
Ayer from, 98-99; letter to Webster Ballinger from, 97-98; money
paid to, 14, 40, 88, 89, 94, 118, 140, 141, 142; motives of, 126-127; note
of, 118; promises of, 70, 90, 124, 128-130, 142, 143; remarks on, 19, 61,
66, 67, 87-88, 127, 130, 139; responsibility of, 13.
Waste, as shown by inventories, 109; charges of, 26, 116, 124; in logging
operations, 50; in miscuts, 8, 35; of pine, hemlock and cedar, 50-51,
59; of timber, 70.
Watering trough, criticism of, 62.
Waukaw, Mitchell, inspection of logging operations by, 54.
Wisconsin State College of Agriculture, recommendation to send In-
dians to, 16, 76, 82, 111.
W. & N. R. R., arrangements between C. & N. W. R. R., 120-121; in-
fluence of, 118; service of, 121.
Wood, price of, 72.
Woodcock, C. H., complaints against, 38, 39, 57; occupation of, 12; re-
marks on, 2, 50; saving by, 13.
Wyeskesit, interview between Edward E. Ayer and, 83-84.
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