Usher Burdick Papers

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  Letter from Nelson Mason to Representative Burdick Regarding Land Patents, July 15, 1952

  Nelson Mason

  This letter, dated July 15, 1952, from Nelson Mason to United States (US) Representative Usher Burdick explains that on June 14, Mason sent a letter to the US Secretary of the Interior inquiring about the status of two land patents as they pertained to an error in their descriptions identified by Richland County Register of Deeds Albert Funfar in Wahpeton, North Dakota. Mason includes the text of that letter in this one to Burdick. The included text contains the descriptions of each land patent and explains that the error identified by Funfar had the tract situated two miles above instead of directly on the state line. Mason writes that he has received no further information from the Richland County Auditor's office. He goes on to note that the US Bureau of Land Management, formally named the US General Land Office, is located in Billings, Montana, and asks, "Where do we get from here?"

  A second copy of this letter was found with different marginal annotations, and is included in this entry.

  See also: Letter from Representative Burdick to Nelson Mason Regarding Land Patents, July 22, 1952

  Letter from Nelson Mason to Albert Funfar Regarding Land Patents, May 17, 1952

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  Letter from Nelson Mason to Representative Burdick Regarding Land Patents, May 12, 1952

  Nelson Mason

  This letter, dated May 12, 1952, from Nelson Mason to United States (US) Representative Usher Burdick makes reference to patents Mason has received from the US Bureau of Land Management for two designated tracts in Richland County. Mason writes that when he attempted to record the deeds for these tracts, the Register of Deeds advised him there appears to be an error in the description of the tracts. Having already waited 10 years to obtain the title, Mason expresses hope that Burdick will be able to help him clear the issue.

  See also:

  Letter from Representative Burdick to Nelson Mason Regarding Land Patents, May 15, 1952

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  Letter from Nelson Mason to William Zimmerman Regarding Land Patents, December 2, 1952

  Nelson Mason

  This letter, dated December 2, 1952, from Fargo Attorney Nelson Mason to Assistant Director of the United States (US) Bureau of Land Management William Zimmerman concerns land patents 1133570 and 1133027. In the letter Mason quotes, in full, a letter he received from Richland County North Dakota State Attorney Pat Malloy, in which Malloy explains the reason behind the discrepancy in the land descriptions and this and concludes that the patents need added language indicating that the properties lie in the Lake Traverse Lands area, which is the old Sisseton and Wahpeton Indian Reservation. Mason's goes on to state that he hopes the quoted letter will be helpful in getting the legal descriptions sorted.

  See also:

  Letter from Representative Burdick to William Pincus Regarding Land Patents, August 26, 1952

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  Letter from Nelson Mason to Representative Burdick Regarding Legislature Seat for Fort Yates Indians, November 1, 1952

  Nelson A. Mason

  This letter dated November 1, 1952, from Attorney Nelson A. Mason to United States (US) Representative Usher Burdick, informs Burdick of a visit to Mason's office by Fort Yates tribal members wherein they expressed interest in securing a seat for "Indians" in the legislature. Mason writes that he told the Fort Yates tribal members about a similar situation in Maine, and includes a letter from Samuel H. Slosberg that speaks to how members from Maine's indigenous nations sit in as consultants for the state legislature on legislation that will affect them. Mason closes by saying there seems to be genuine interest in implementing something similar in North Dakota.

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  Letter from D. S. Myer to Senator Langer Regarding Demands by James Black Dog et al. for an Audit of All Tribal Moneys Collected and Expended since 1910, March 5, 1952

  D. S. Myer

  This letter, dated March 5, 1952, from D. S. Myer, Commissioner of the United States (US) Bureau of Indian Affairs to US Senator William Langer, makes reference to Langer's letter of February 14 describing a resolution shown to Langer by James Black Dog of Elbowoods, North Dakota demanding an audit of all tribal funds collected and expended by the Three Affiliated Tribes since 1910.

  Myer explains that prior to June 29, 1936 authority to administer funds was vested in the US Department of the Interior, and since then the Constitution and bylaws of the Three Affiliated Tribes have provided for annual audits and the maintenance of "accurate and complete public accounts of the affairs of the tribes," (emphasis in original) including credits, debts, debits and assignments, as well as an annual report and balance sheet submitted to the Bureau of Indian Affairs.

  Myer writes that, given the exiting audits and documentation, an audit by the US Department of the Interior should not be necessary.

  Myer goes on to address Black Dog's request for information regarding interest earned on the monies paid to the tribe in return for lands taken in connection with the construction of the Garrison Dam, explaining the interest rates and policies regarding the use of principal and interest, before enumerating the efforts made by the Tribal Council and Bureau of Indian Affairs to keep tribal members informed on the particulars related to tribal funds in general and funds related to the compensation for damages associated with Garrison Dam in particular.

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  Letter from Office of Representative Usher Burdick to Floyd Montclair Regarding Per Capita Payments, November 12, 1951

  Office of Representative Usher Burdick

  This letter, dated November 12, 1951, from the office of United States (US) Representative Usher Burdick to Three Affiliated Tribes Member Floyd Montclair concerns per capita payments. The author thanks Montclair for his letter of November 9 and an enclosed resolution by the Three Affiliated Tribes of the Fort Berthold Reservation, and assures Montclair that the message has been forwarded to Burdick, who is currently in Williston.

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  Letter from the Office of Representative Burdick to Phil Thoeny Regarding Garrison Dam Pool Level, April 18, 1952

  Office of Usher Burdick

  This letter, dated April 18, 1952, from an unnamed administrative assistant of United States (US) Representative Usher Burdick to Phil Thoeny of Press Publications in Williston, North Dakota, replies to a letter from Theony regarding the pool level of the Garrison Dam Reservoir. Burdick's assistant refers to an enclosed brief prepared by Burdick in 1949 regarding the legal aspects of the issue, which, the assistant writes, should leave no doubt that there is no legal authority for raising the pool level beyond 17 million acre feet.

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  Letter from William Pincus to Representative Burdick Regarding Land Patents, August 21, 1952

  William Pincus

  This letter, dated August 21, 1952, from William Pincus of the United States (US) Bureau of Land Management to US Representative Usher Burdick concerns land patents 1133570 and 1133027. Pincus refers to correspondence from Nelson Mason regarding errors in the descriptions of lands in two patents. Pincus encloses copies of two decisions by the US Bureau of Land Management amending the certifications in each case to describe the lands as being south of the Sisseton and Wahpeton Indian Reservation boundary and canceling the previous patents and their records to be replaced with the new ones.

  See also: Letter from Representative Burdick to Marion Clausen Regarding Land Patents, August 4, 1952

  Letter from Representative Burdick to Nelson Mason Regarding Land Patents, August 26, 1952

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  Unsigned Resolution from Members of the Three Affiliated Tribes Requesting Removal of James E. Curry as Tribal Attorney, March 5, 1952

  Representatives of the Dissatisfied Indians on the Fort Berthold Reservation

  This unsigned resolution, dated March 5, 1952, from "the representatives of the dissatisfied Indians on the Fort Berthold Reservation of North Dakota" calls for the removal of James E. Curry from the position of Tribal Attorney for the Three Affiliated Tribes. The resolution provides five points that serve as the basis of the complaint against Curry.

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  Telegram Sent to Representative Burdick Regarding the Tribal Council in Washington, D.C., March 18, 1952

  Percy Rush

  This telegram, dated March 18, 1952, signed by "Rush" is presumably from Percy Rush (based on other correspondences around this time) to United States (US) Representative Usher Burdick. The telegram informs Burdick that the tribal council has left for Washington, D.C. and requests that Burdick "hold everything" until "the US Delegates" get there. The telegrams says that "our hearing" is April 1 at 10 am.

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  Pick-Sloan Plan: Retrospects and Prospects

  Merrell Quentin Sharpe

  This pamphlet dated December 1, 1952, by Merrell Quentin Sharpe, former governor of South Dakota, addresses the Pick-Sloan Plan. According to Sharpe, the purpose of the pamphlet is "to furnish all the useful information and make all the helpful suggestions concerning the Pick-Sloan Plan." Some of the main topics addressed include: effects, conflicts, value, plan of action, criticisms, flooding, navigation, and power. This paper was presented to the Missouri River States Committee of Governors and Inter-Agency Committee in Omaha, Nebraska.

  See Also:

  An Act Authorizing Construction of Certain Public Works on Rivers and Harbors for Flood Control, and for Other Purposes

  Missouri River Basin: Letter from the Secretary of War Transmitting a Letter from the Chief of Engineers, United States Army, Dated December 31, 1943, Submitting a Report Together with Accompanying Papers and Illustrations, on a Review of Reports on the Missouri River, for Flood Control Along the Main Stem from Sioux City, Iowa, to the Mouth, Required by a Resolution of the Committee on Flood Control, House of Representatives, Adopted on May 13, 1943

  Missouri River Basin: Conservation, Control, and Use of Water Resources of the Missouri River Basin in Montana, Wyoming, Colorado, North Dakota, South Dakota, Nebraska, Kansas, Iowa, and Missouri (Report by Secretary of the Interior Harold L. Ickes on Bureau of Reclamation's Plan for Basin Development.)

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  Letter from Marjorie Slocum to Representative Burdick Regarding Unfair Treatment by the Three Affiliated Tribes Tribal Council, March 27, 1952

  Marjorie Slocum

  This letter, dated March 27, 1952, from Marjorie Slocum of Elbowoods, North Dakota on the Fort Berthold Reservation to United States (US) Representative Usher Burdick details her complaints of unfair treatment by the Three Affiliated Tribes Tribal Council. She mentions enrollment issues, per capita payments, an incident where a cow of hers was shot, non-reimubrsement for relocation of her home due to flooding by the Garrison Dam, and appraisal of her property. Slocum says that she read in the Agency Bulletin about Burdick's investigation of the Tribal Council and hoped that he could help her with the problems she has been having. The letter says that the Bulletin article is enclosed, but it was not included with this document.

  See also: Article: "Burdick Asks for Investigation of Tribal Council," March 15, 1952

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  Letter from Representative Burdick to A. C. Stenerson Regarding Garrison Dam, March 28, 1952

  AC Stenerson

  This letter, dated March 28, 1952, from United States (US) Representative Usher Burdick to A.C. Stenerson of Van Hook, North Dakota thanks Stenerson for his letter of March 25 expressing concern that Shell Creek would be backed up as a result of the Garrison Dam Reservoir. Burdick writes that he and US Senator William Langer will look into the matter.

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  Letter from Laura Knudson For Representative Burdick to Selma Stenerson Regarding Garrison Dam Flood Land Maps, October 2, 1952

  Selma H. Stenerson

  This letter, dated October 2, 1952, from Laura Page Knudson on behalf of United States (US) Representative Usher Burdick to Selma H. Stenerson of the Hunt Oil Company in Dallas, Texas, refers to a request dated September 26 received from Stenerson. Knudsen writes that she is sending a copy of Burdick's brief, "Concerning the Legal Authority for the Building of the Garrison Dam at Garrison, North Dakota," but that Burdick's office has no maps of the area to be flooded, and recommends Stenerson request a July, 1950 booklet titled "The Corps of Engineers in North Dakota," which has maps and pictures of the Garrison Dam project, from the US Army Corps of Engineers.

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  Letter from Sam Stern to Representative Burdick Regarding George Stephenson, November 4, 1952

  Sam Stern

  This letter dated November 4, 1952, from Sam Stern to United States (US) Representative Usher Burdick, notes that he has enclosed a letter he has received that, he writes, Burdick is better able to address than he himself. Stern is the Grand Exalted Ruler of the Fargo chapter of the Grand Lodge of the Order of the Elks. There is a handwritten note from Stern at the bottom of the letter.

  The enclosed letter dated July 18, 1952, from George S. Stephenson of Los Angeles, California and formerly of Fargo, North Dakota, to Stern, expresses Stephenson's concerns about the living conditions of American Indians, particularly their children. Stephenson opens the letter by briefly recounting his early life, running away from his home on a ranch in "Western Canada" to Argusville, North Dakota, then to Fargo, North Dakota, where he lived for many years. Stephenson notes that he joined the Order of the Elks as an adult, and that he is a "member of the Sioux tribe of Indians" and has been involved in trying to improve living conditions for indigenous people for more than fifty years. Stephenson explains that he has written to Stern because he heard on the radio that Stern had been made Grand Exalted Ruler, and he would like Stern to use his "prestige" to influence "our congressman" to vote for appropriations which would improve indigenous health. Stephenson notes he has included a report from the "Indian Health Service Department," but this report was not present with this letter in Burdick's papers.

  See Also:

  Letter from Laura Page Knudson for Representative Burdick to Sam Stern Regarding George Stephenson, November 10, 1952

  Letter from Laura Page Knudson for Representative Burdick to George Stephenson Regarding Health of American Indians, November 12, 1952

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  Letter from J. B. Sullivan to Representative Burdick Regarding Investigation of the Three Affiliated Tribes Tribal Council, March 31, 1952

  J. B. Sullivan

  This letter, dated March 31, 1952, from Dr. J.B. Sullivan of Sweet Grass, Montana to United States (US) Representative Usher Burdick congratulates Burdick on arranging the planned April 4 investigation into the activities of the Three Affiliated Tribes Tribal Council. Sullivan goes on to give his opinions on the matter of reservation governance, including two remedies that, in his opinion, would help the situation.

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  Letter from S. W. Thompson to Representative Burdick Regarding Lost Bridge Road, March 14, 1952

  S. W. Thompson

  This letter dated March 14, 1952, from North Dakota State Highway Commissioner S. W. Thompson to United States (US) Representative Usher Burdick, addresses the issue of building new roads within the Fort Berthold Reservation. Specifically, Thompson writes about the need for new roads on account of the Garrison Reservoir, namely a proposed extension of State Highway 22 to connect to Lost Bridge Road. Thompson notes that the funds needed for this project go beyond the state budget and that tribal members are unwilling to relocate because of the dam without assurance there will be adequate road access in their new location. Thompson mentions that Director John Hart of the North Dakota Indian Affairs Commission is requesting additional appropriations for building roads connected to the relocation of tribal members. Thompson closes the letter by asking Burdick to consider these needs and to keep Thompson apprised of the situation.

  See Also:

  Letter from Representative Burdick to S. W. Thompson Regarding Lost Bridge Road, March 21, 1952

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  Newspaper Clipping Regarding US bureau of Land Management, Legal Segragation, and the Three Affilitated Tribes' Rejection of Plan to Disburse Tribal Damage Money, 1951

  author unknown

  These newspaper clippings dated 1951 refer to three separate topics. The first clipping reports on Marion Clawson's challenge to his dismissal as Director of the United States Bureau of Land Management. A second bulletin on the same clipping notes a ruling by United States District Judge Alexander Holtzoff that "Negroes may legally be barred from a Federal-aided housing project where equal facilities are available elsewhere."

  The second clipping reports on the rejection of a program to disburse funds awarded to the Fort Berthold Reservation as damages. It reports that Tribal Council Chairman Martin Cross, who opposed the program, believes there will be a path forward to a program that is acceptable to a majority of tribal members. The article reports that G. Warren Spalding from the United States Bureau of Indian Affairs will be meeting with the Tribal Council on June 16, 1951.

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  Letter from C. J. Barry to John B. Hart Regarding Medical Care, October 15, 1951

  CJ Barry

  This letter, dated October 15, 1951, from C. J. Barry to John B, Hart, executive director of the North Dakota Indian Affairs Commission, makes reference to Hart's letter of October 1. Barry thanks Hart for the letter, and for information about Dr. Van Sandt, who Barry hopes will be a valuable source of information regarding the health and medical care of Indians. Barry adds that United States (US) Representative Usher Burdick will be in Williston, North Dakota until January 1, 1952.

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  Letter from Representative Burdick to Blair and Jo Ann Smallwood Regarding Reservoir Name, August 17, 1951

  Usher Burdick

  This letter dated August 17, 1951, from United States (US) Representative Usher Burdick to Blair and Jo Ann Smallwood, expresses Burdick's appreciation for their letter concerning the name of the Garrison Dam reservoir. Burdick notes that he agrees that the reservoir should be given an "Indian name," but notes there has also already been legislation introduced to name the reservoir "Lake Thompson" that has been endorsed by United States Senator Milton Young and United States House Representative Fred Aandahl. Burdick closes by affirming his interest in North Dakota history and by noting it will be difficult to stop the current legislation.

  This appears to be a form letter that Burdick sent to people who initially wrote to him about naming the Garrison Dam reservoir.

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  Letter from Representative Burdick to D. S. Myer Regarding Oscar Burr's Petition, July 30, 1951

  Usher Burdick

  This letter, dated July 30, 1951, from United Stated (US) Representative Usher Burdick to US Bureau of Indian Affairs Commissioner D. S. Myer (which Burdick misspells as "Meyer") makes reference to a petition Burdick received from Three Affiliated Tribes member Oscar Burr regarding per capita payments related to the Three Affiliated Tribes of the Fort Berthold Reservation and the Garrison Dam. Burdick writes that he has received complains from the Reservation and that he is confident Myer will handle the issue. The letter states that Burdick is sending Burr's petition. There is a handwritten note at the top of the document which reads "Oscar Burr; Ft. Berthold Reservation; Elbowoods, ND."

  See also:

  Letter from Representative Burdick to Oscar Burr Regarding Per Capita Payments, July 30, 1951

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  Letter from Representative Burdick to L. R. Nostdal Regarding Indian Definition, October 1, 1951

  Usher Burdick

  This letter, dated October 1, 1951, from United States (US) Representative Usher Burdick to Rugby, North Dakota attorney L.R. Nostdal makes reference to Nostdal's letter of September 27 regarding a court case identified as "#555-B Stat v. Jerome" for which Nostdal is looking for a legal definition of "Indian."

  In this reply, Burdick cites United States Statues at Large, 73rd Congress, 1933-34, Volume 48, Part 1, Public Law, page 988, Sec 19, which provides parameters on the subject. The Burdick adds that believes anyone who is a ward of the government under the Indian Bureau would also qualify as an "Indian."

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  Letter from Representative Burdick to Martin Cross Responding to Cross's December 29 Telegram, December 31, 1951

  Usher Burdick

  This letter, dated December 31, 1951, from United States (US) Senator Usher Burdick to Three Affiliated Tribes Tribal Chairperson Martin Cross acknowledges Cross's communication (presumably the telegram of December 29 inquiring about US Public Law 843 and US House Resolution 8411). Burdick says that he will provide an opinion in a couple of days.

  See also:

  Telegram from Martin Cross to Representative Burdick Regarding US Public Law 843, December 29, 1951

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  Letter from Representative Burdick to Martin Cross Responding to Cross's Inquiry About Government Assistance Withdrawal, May 3, 1951

  Usher Burdick

  This letter, dated May 3, 1951, from United States (US) Representative Usher Burdick to Three Affiliated Tribes Tribal Chairperson Martin Cross says that Burdick has carefully read the resolution that Cross sent regarding the division of funds paid to the Three Affiliated Tribes from US Public Law 437. Burdick informs Cross that he was told that there would be "no lessening or restriction" of assistance following per capita payments. Burdick says that the Commissioner is working on a statement about the issue and Burdick will forward it to Cross once it is ready. There's a handwritten note at the top of the letter.

  See also:

  Letter from Martin Cross to Representative Burdick Forwarding a Resolution Passed by the Three Affiliated Tribes Tribal Business Council, and Expressing Concern over Withdrawal of Government Assistance, April 25, 1951

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  Letter from Representative Burdick to Mr. and Mrs. H. C. Zimmerman Regarding Reservoir Name, August 17, 1951

  Usher Burdick

  This letter dated August 17, 1951, from United States (US) Representative Usher Burdick to Mr. and Mrs. H. C. Zimmerman, expresses Burdick's appreciation for their letter concerning the name of the Garrison Dam reservoir. Burdick notes that he agrees that the reservoir should be given an "Indian name," but notes there has also already been legislation introduced to name the reservoir "Lake Thompson" that has been endorsed by United States Senator Milton Young and United States House Representative Fred Aandahl. Burdick closes by affirming his interest in North Dakota history and by noting it will be difficult to stop the current legislation.

  This appears to be a form letter that Burdick sent to people who initially wrote to him about naming the Garrison Dam reservoir.