Usher Burdick Papers

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  Report on John Collier and His American Indian Policies, July 1947

  Individuals Opposed to Exploitation of Indians

  This document, dated July 1947, composed by "Individuals Opposed to Exploitation of Indians" characterizes the policies and activities of former Commissioner of the United States (US) Bureau of Indian Affairs John Collier as "impractical," "iniquitous," and "communistic," and claim they have led to "FACTIONALISM, DISSENTION,ENMITY AND HATRED (emphasis in original) among the tribes" (emphasis in original).

  The document describes Collier as a "Self-established [...] 'GREAT MESSIAH' of minority groups," and lists six actions taken by Collier during his tenure as Commissioner of the US Indian Bureau, including the Wheeler-Howard Bill, the Inter-American Indian Institute, the National Indian Institute, and inserting Resolution No.10 into the official minutes of the convention of the National Congress of American Indians in Denver, Colorado in 1944, urging the US Congress to appropriate public funds for the expenses of the National Indian Institute.

  The report also names D'Arcy McNickle and Ruth Muskrat Bronson as two individuals working for Collier who failed to support bills by indigenous delegates and instead asked for support for the US Bureau of Indian Affairs. The report concludes by stating that Collier has schemed to unite the indigenous peoples with the Bureau in a way that is not compatible with the best interests of those indigenous peoples.

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  Letter from Representative Burdick Regarding Garrison Dam Pool Level, January 31, 1946

  Usher L. Burdick

  This form letter, dated January 31, 1946, from United States (US) Representative Usher Burdick to an unnamed recipient concerns the Garrison Dam pool level. In this letter Burdick explains that on February 4th, the US Appropriation Bill will be debated and that he hopes the recipient will be present. He then describes the debate over the 1,830- and 1,850-foot operating levels for the dam, noting that the bill authorizing the dam proposed a 17 million acre-foot pool, corresponding to a height of 1,830 feet above sea level; however, US Army Engineers are now pushing for a level of 1,850, which will flood what Burdick calls "90,000 acres of the best land in my country," along with a portion of the city of Williston, and the railroad tracks there.

  Burdick then states what the people of Williston want: that the dam be built at any height the engineers want, but that the water should be kept no higher than 1,830 until experience shows whether a higher level will be necessary.

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  Annotated Copy of US Public Law 79-374, "An Act Making Appropriations for the Fiscal Year Ending June 30, 1947, for Civil Functions Administered by the War Department, and for Other Purposes," May 2, 1946

  US Congress and Usher L. Burdick

  This document is a copy of "An Act Making Appropriations for the Fiscal Year Ending in June 30, 1947, for Civil Functions Administered by the War Department, and for Other Purposes," with a section on page 4 underlined and bracketed.

  This Public Law, dated May 2, 1946, also known as Public Law 79-374, or "War Department Civil Appropriations Act, 1947," includes appropriations for a variety of projects ranging from cemetery expenses to waterway maintenance to flood control.

  See also:

  An Act Making Appropriations for the Fiscal Year Ending in June 30, 1947, for Civil Functions Administered by the War Department, and for Other Purposes

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  Statement by Representative Burdick Regarding Problems with the Proposed Garrison Dam Project, October 1, 1945

  Usher L. Burdick

  This statement, dated October 1, 1945, by United States (US) Representative Usher L. Burdick raises a number of issues with the proposed Garrison Dam Project, among them the discrepancy between the proposed dam height and promised maximum pool height, contradictory assessments regarding the suitability of the Garrison location, the effects of relocation of reservation residents on the local tax base and potential flooding in the Williston area.

  Burdick writes that, “All of the controversy on this particular dam has been caused by the Army Engineers themselves. The whole trouble ranges around the height of the dam. If the Dam is built to carry an 1850 foot water lever, then the richest area of land, irrigation projects in and around Williston, and the City of Williston will be flooded.”

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  Letter from Representative William Lemke to Representative Usher Burdick Regarding Garrison Dam Pool Level, September 19, 1945

  William Lemke

  This letter, dated September 19, 1945, from United States (US) Representative William Lemke to US Representative Usher Burdick concerns the Garrison Dam pool level. The letter states that "Taber and Stefan" have told Lemke that there could be a provision to not provide money for building the dam over 1,830 feet. The letter also states that the US Army Engineers and the US Bureau of Reclamation stated the dam would be built to 1,850 feet but be kept at 1,830 until further notice or until necessary to pump water from Garrison to a canal for the Sheyenne River in Devils Lake, North Dakota.

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  Excerpts from the US Congressional Record Regarding Amendments Proposed by US Senator Joseph C. O'Mohoney Related to the Taking of Land From the Three Affiliated Tribes of the Fort Berthold Reservation for the Garrison Dam Project, December 15, 1945

  US Congress

  This document, nominally dated July 15 and including excerpts from the United States Congressional Record of December 15, 19, and 20 of 1945 and July 27 of 1947, contains transcripts of debates on two amendments proposed by Senator Joseph C. O’Mahoney of Wyoming to protect the interests of the Three Affiliated Tribes of the Forth Berthold Reservation during the taking of a significant portion of their land for the construction of the Garrison Dam and Reservoir on the Missouri River.

  In addition to the excerpts from the Congressional record, the document also contains, on its last page, the texts of the two amendments proposed by O’Mahoney, the first of which, passed in December, 1945, stipulates that “no part of the appropriation for the Garrison Reservoir herein contained may be expended for actual construction of the dam until suitable land found by the [US] Secretary of the Interior to be equal in quality and sufficient in area to compensate the Three Affiliated Tribes shall be offered to the said tribes in exchange for the land on the Fort Berthold Reservation, which shall be inundated by the construction of the Garrison Dam,” and the second of which, passed in July of 1947, stipulates that “notwithstanding said contract or the provisions of this Act, the said Three Affiliated Tribes may bring suit in the Court of Claims as provided in section 24 of the Act of August 13, 1946, on account of additional damages, if any, alleged to have been sustained by said tribes by reason of the taking of the said lands and rights in the said Fort Berthold Indian Reservation on account of any treaty obligation of the Government or any intangible cost of reestablishment or relocation, for which the said tribes are not compensated by the said $5,105,625.”

  See also:

  An Act Making Appropriations to Supply Deficiencies in Certain Appropriations for the Fiscal Year Ending June 30, 1946, and for Prior Fiscal Years, to Provide Supplemental Appropriations for the Fiscal Year Ending June 30, 1946, and for Other Purposes

  Resolution by Tribal Council of Three Affiliated Tribes of Fort Berthold, North Dakota Regarding O' Mahoney Amendment, January 10, 1946

  War Department Civil Appropriation Bill, 1948

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  Letter from C. H. Beitzel to Representative Burdick Regarding Missouri River Project, March 23, 1944

  C. H. Beitzel

  This letter dated March 23, 1944, from Fort Berthold Agency Superintendent C. H. Beitzel to United States (US) Representative Usher Burdick, inquires about the progress of the Missouri River Project. Beitzel notes that several "Indian people" have asked for information on the project and thanks Burdick for any information he can provide.

  See also:

  Letter from Guy Timboe on Behalf of Representative Burdick to C. H. Beitzel Regarding U.S. House Resolution 3961, April 5, 1944

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  Meeting notes from Jackson Dancing Bull Regarding Property Laws, April 3, 1944

  Jackson Dancing Bull

  These meeting notes dated April 3, 1944 and signed by Jackson Dancing Bull and Rufus Stevenson of the Three Affiliated Tribes of the Fort Berthold Reservation of North Dakota, with no addressee listed, concern property laws. The notes list the major principles agreed upon in the meeting including a desire to be excluded from the United States (US) Wand H Act, a desire to be excluded from the land tax, and opposition to a 3 percent tax funding US government control of the Reservation. The notes also mention that the group has sent a delegation to US Congress about being excluded from the US Wheeler-Howard Act. This letter summarizes the formal letter sent to US Representative Usher Burdick by Three Affiliated Tribes member Adlai Stevenson.

  See also:

  Letter from Bear et al to Representative Burdick Regarding Property Laws, Undated

  Letter from Adlai Stevenson to Representative Burdick Regarding Property Taxes, April 3, 1944

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  Memo from William Lemke to Colleague Announcing a Meeting Regarding States' First Right to Water, March 8, 1944

  William Lemke

  This memo dated March 8, 1944 from William Lemke to "Colleague" invites them to a meeting regarding states' first right to water within its boundary, on March 9, 1944. There is a handwritten annotation at the top of the document that reads "No Ren."

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  Letter from Adlai Stevenson to Representative Burdick Regarding Property Taxes, April 3, 1944

  Adlai Stevenson

  This letter, dated April 3, 1944, from Adlai Stevenson to United States (US) Representative Usher Burdick concerns property taxes. Stevenson explains that he has been asked to make a statement on tribal activities under the current program of the US Bureau of Indian Affairs. Stevenson writes that many tribal members feel that under treaty obligations, tribal members should not have to pay a property tax. He also notes that the Bureau has taken a 3 percent tax to establish a fund that the tribal members are opposed to, and that members accepted the Bureau without knowing what sort of programs it would institute. He concludes by stating that the group has sent representatives to Washington regarding the US Wheeler-Howard Act.

  See also:

  Letter from Bear et al to Representative Burdick Regarding Property Laws, Undated

  Meeting notes from Jackson Dancing Bull Regarding Property Laws, April 3, 1944

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  Letter from Guy Timboe on Behalf of Representative Burdick to C. H. Beitzel Regarding U.S. House Resolution 3961, April 5, 1944

  Guy P. Timboe

  This letter dated April 5, 1944, from Guy P. Timboe on behalf of United States (US) Representative Usher Burdick to Fort Berthold Agency Superintendent C. H. Beitzel, responds to Beitzel's inquiry about the progress of the Missouri River Project. Timboe notes that Burdick is in North Dakota so Timboe is responding on his behalf. Timboe writes that US House Resolution 3961, which provides for the Missouri River Project, has passed the U.S. House of Representatives and is now before the U.S. Senate for a vote. Timboe details how work has been done to ensure North Dakota interests are protected. Timboe closes with an assurance he will send Beitzel copies of relevant legislation and reports in a separate letter.

  See also:

  Letter from C. H. Beitzel to Representative Burdick Regarding Missouri River Project, March 23, 1944

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  Statement by Carl Sylvester Regarding the Flooding of Fort Berthold Reservation Lands for the Garrison Dam, December 19, 1943

  Carl Sylvester

  This statement dated December 19, 1943, by Fort Berthold Tribal Business Council Chairman Carl Sylvester, addresses the proposed flooding of Fort Berthold Reservation lands by the Garrison Dam. This statement was preserved in a transcript by J. I. Rovig, the secretary for the North Dakota Reclamation Association. Sylvester states that "the Fort Berthold Indians oppose flooding their land by any construction that will impound waters to inundate the lower levels of the Reservation area." Sylvester notes that the flood will cause the loss of timber, coal, grazing and farming lands, bridges, schools, a church, burial grounds. Sylvester asserts that no amount of payment can make up for the loss the Garrison Dam flooding will inflict. Sylvester recounts the Mandan and Hidatsa's long history on the land and all the traditional resources they will lose access to if forced to relocate. In closing, Sylvester notes that the Three Affiliated Tribes will continue to fight the flooding of the Reservation.

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  Letter from Eugene Burdick to A. F. Rath Regarding Beaded Moccasins, February 25, 1941

  Eugene Burdick

  This letter dated February 25, 1941, from Eugene Burdick to A. F. Rath, answers Rath's inquiry about purchasing beaded moccasins. Burdick tells Rath that he does not have moccasins that match Rath's specifications but that he does have a large selection of moccasins and other indigenous handiwork from the "Sioux." Burdick notes that their stock of indigenous items are on display with the State Historical Society of North Dakota. Burdick finishes out the letter with a discussion of the quality of indigenous items and by noting he will include a catalog.

  See also:

  Letter from A. F. Rath to Eugene Burdick Regarding Beaded Moccasins, February 20, 1941

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  Letter from A. F. Rath to Eugene Burdick Regarding Beaded Moccasins, February 20, 1941

  A. F. Rath

  This letter dated February 20, 1941, from A. F. Rath to Eugene Burdick, requests information about beaded moccasins that Burdick may have available for sale. Rath specifically requests a list of items and prices.

  See also:

  Letter from Eugene Burdick to A. F. Rath Regarding Beaded Moccasins, February 25, 1941

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  Letter from Representative Burdick to Floyd Montclair Regarding the Wheeler-Howard Act, September 23, 1940

  Usher L. Burdick

  This letter, dated September 23, 1940 from United States (US) Representative Usher L. Burdick to Floyd Montclair acknowledges receipt of a resolution passed by Unit 4 of the American Indian Federation regarding the Wheeler-Howard Act, which Montclair sent. Burdick writes that he has already proposed legislation to exempt the tribes of North Dakota from the Wheeler-Howard Act, and will be glad to present this resolution in support of the bill.

  See also:

  Resolution by Unit 4 of the American Indian Federation Proposing Exemption from the Wheeler-Howard Act and Other Matters, September 13, 1940

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  Letter from Representative Burdick to John Yellow Wolf Regarding US House of Representatives Resolution 3219, October 22, 1940

  Usher L. Burdick

  This letter dated October 22, 1940 by United States (US) Representative Usher L. Burdick to John Yellow Wolf acknowledges receipt of a petition regarding US House of Representatives Resolution 3219, which would seek to exempt North Dakota tribes from the Wheeler-Howard Act.

  Burdick writes that, inasmuch as he introduced this legislation, Yellow Wolf may rely on his enthusiastic support for its passage.

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  Letter from Floyd Montclair to Representative Burdick Regarding US Senate Bill 414 and Payment of Claims, February 29, 1940

  Floyd Montclair

  This letter, dated February 29, 1940, from Floyd Montclair on behalf of the Three Affiliated Tribes of the Fort Berthold Reservation to United States (US) Representative Usher Burdick regarding US Senate bill 414 and payment of claims. The letter states that it will provide Burdick with a statement to be read at the bill's hearings. This statement lists reasons why the bill should be passed early and that the suggest amount in the bill, $400,000 should be paid to tribal members. The reasons listed include the Treaty of 1866, after which tribal lands were wrongfully taken. The letter concludes by asking permission to go before the US Court of Claims.

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  Resolution by Unit 4 of the American Indian Federation Proposing Exemption from the Wheeler-Howard Act and Other Matters, September 13, 1940

  Floyd Montclair

  This resolution, dated September 13 1940, signed by John Beartail, president, and Floyd Montclair, secretary, of Unit 4 of the American Indian Federation, resolves to propose to the United States (US) Committee of Congress that the entire membership of Unit 4 be exempted from the Wheeler-Howard act, that the Wheeler-Howard Act be repealed, that the early passage of US Senate Bills 2206 and 3750 be urged, that "Law and Order or the Indian Court of The Fort Berthold Reservation under John Collier Law" be repealed, and that a complete investigation of all the hardships and living conditions on the Forth Berthold Reservation be made.

  See also:

  Letter from Representative Burdick to Floyd Montclair Regarding the Wheeler-Howard Act, September 23, 1940.

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  Petition Regarding US House Resolution 3219, May 8, 1940

  Three Affiliated Tribes Tribal Business Council

  This petition dated May 8, 1940, from the Three Affiliated Tribes of Fort Berthold Reservation, endorses the passage of United States (US) House Resolution 3219, which extends various rights of creating businesses and extending credit within the reservations of North Dakota. This petition is signed by over one hundred tribal members.

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  Letter from Fred Traynor to Representative Burdick Regarding US House Resolutions 791, 792, and 793, June 28, 1940

  Fred J. Traynor

  This letter, dated June 28, 1940, from Fred J Traynor of Traynor & Traynor Attorneys and Counselors to United States (US) Representative Usher Burdick concerns three "Indian Bills." The letter asks if Burdick would be able to get any one of US House Resolutions (H. R.) 791, 792, or 793 through US Congress in the fall. The letter mentions that the US Secretary of the Interior had made a favorable report on H. R. 791 "if amended." The letter also mentions that Traynor has enclosed a memo on H. R. 791 and 792. That memo is not included in this document.

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  Letter from JE Arnold to Representative Burdick Regarding Court of Claims, March 21, 1939

  JE Arnold

  This letter, dated March 21, 1939, from JE Arnold to United States (US) Representative Usher Burdick concerns the Court of Claims as it relates to HR Bill 794. The letter asks if Burdick would be willing to amend the Bill to replace the word "communal" with "class or group" as some indigenous people have no communal relations but still should have their claims considered.

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  Speech "Shall the American Indian Remain in Bondage?" by Representative Burdick, June 8, 1939

  Usher Burdick

  This speech, dated June 8, composed by United States (US) Representative Usher Burdick and titled "Shall the American Indian Remain in Bondage?" concerns public perceptions of the indigenous tribes in the US.

  In the speech Burdick notes that there are two general opinions regarding indigenous peoples, one of which is that they are part of a historical, romantic way of living that is separate from present civilization, a stance that destroys the present indigenous peoples by trying to "civilize" them. The second general opinion is that indigenous peoples are a part of present US civilization and that going back to the past is impossible.

  According to the speech, within the Indian Bureau there are those who desire to perpetuate the "Indian of History" view by making indigenous peoples subservient to the US government. The draft concludes with a reference to a letter by a "descendant of the war-like Sioux" as proof that these peoples are capable of managing their own affairs. The text of this letter is not included with this draft.

  See also:

  Speech Draft "Shall the American Indian Remain in Bondage?" by Representative Burdick, Undated

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  Letter from Oscar L. Chapman to Chairman Will Rogers Regarding US House of Representatives Resolution 3219, August 4, 1939

  Charles L. Chapman

  This letter dated August 4, 1939 from Acting Secretary of the United States (US) Department of the Interior Oscar L. Chapman to Chairman Will Rogers of the US House of Representatives Committee on Indian Affairs expresses Chapman's position on United States (US) House of Representatives Resolution 3219. Chapman recommends the resolution not be passed, and lays out his reasons for this position.

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  Letter from Fred Traynor to Representative Usher Burdick Regarding Indian Legislation, February 6, 1939

  Traynor and Traynor Attorneys and Counselors

  This letter, dated February 6, 1939, from Fred Traynor of Traynor & Traynor Attorneys and Counselors to United States (US) Representative Usher Burdick concerns "Indian Legislation." In it, Traynor states that a group of indigenous people want Ignatius to go to Washington to look after legislation. Traynor then asks if Burdick if Ignatius would be of any assistance in the matter, noting that Ignatius was a leading indigenous person involved with HR 791 and Major McLaughlin and at age 71 is the only surviving indigenous person from those negotiations which may make his testimony useful.

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  Letter from Charles West Providing a Report on US House Resolution 203, May 25, 1937

  Charles West

  This letter dated May 25, 1937 from acting Secretary of the United States (US) Interior Charles West to Will Rogers, Chairman of the Committee on Indian Affairs of the US House of Representatives, provides a report on US House Resolution 203 (H. R. 203) which is summarized here as "for relief of the Indians of the Fort Berthold Reservation in North Dakota."

  See also:

  Agreement at Fort Berthold, 1866 and Addenda

  Treaty of Fort Laramie with the Sioux, ETC., 1851