William Langer Papers

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  Telegram from Ben Reifel to Senator Langer Regarding Lieu Lands, December 7, 1946

  Ben Reifel

  This telegram, dated December 7, 1946, is from Superintendent Ben Reifel to United States Senator William Langer regarding lieu lands. Reifel states that the members of the Three Affiliated Tribes of the Fort Berthold Reservation have not agreed to trade and that the council and tribal members are studying the Secretary of War's lieu lands offer. The telegram states that there will be a hearing on the offer on December 16 in Washington between Attorney Ralph Case and the Secretary of the Interior. Hand-written note on the document says, "Indians."

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  Letter from Representative Charles R. Robertson to Ernest L. Wilkinson Regarding Indian Claims Commission, August 26, 1946

  Charles R. Robertson

  This letter dated August 26, 1946, from United States (US) Representative Charles R. Robertson to Ernest L. Wilkinson, Esq., of Washington D.C., refers to the passage of the Indian Claims Commission Bill and expresses thanks on behalf of himself and every member of the Committee on Indian Affairs of the US House of Representatives for Wilkinson's "untiring efforts on behalf of that legislation."

  Robertson goes on to describe numerous ways which Wilkinson's efforts were integral the improvement of and eventual passage of the bill, including an excerpt from a letter he has written to a lawyer in the west, in which he claims that, "never in the world would the Bill have passed had it not been for...Wilkinson," and "Mr. Wilkinson is more responsible for it than any member of Congress."

  See also:

  An Act to Create an Indian Claims Commission, to Provide for the Powers, Duties, and Functions Thereof, and for Other Purposes

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  Letter from RR Robinson to Senator Langer, Senator Young, and Congressman Lemke Regarding Garrison Dam, July 19, 1946

  R R. Robinson

  This letter, dated July 19, 1946, is from RR Robison to United States (US) Senator William Langer, US Senator Milton Young, and US Congressman William Lemke regarding the Garrison Dam. Robinson states that white settlers have only been in the geographic area for fifty years whereas the 2,000 individual members of The Three Affiliated Tribes of the Fort Berthold Reservation have held the area as their ancestral lands for centuries. Robinson states that he does not have a solution to the problem of water conservation, but implores the US Senators and Congressman to do more to consider the desires of the tribal members.

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  Letter from Chief Swimming Eel to Senator Langer Regarding Garrison Dam, April 11, 1946

  Swimming Eel

  This letter dated April 11, 1946, from Chief Swimming Eel to United States (US) Senator William Langer, concerns the forced removal of the "Fort Berthold Indians in North Dakota," which Swimming Eel notes is in violation of treaty agreements. Swimming Eel also addresses the high valuation of the land being taken versus the poor quality and low value land being offered in exchange for their removal. The letter petitions the US Congress to honor treaty rights and closes with a note that Swimming Eel is writing on behalf of the "Eastern Regional Area 'Chiefs Grand Council,' League of Nations North American Indians, and eastern affiliate, 'The Federated Eastern Indian League.'"

  See also:

  Letter from Senator Langer to Chief Swimming Eel Regarding Garrison Dam, May 8, 1946

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  Letter from Carl Sylvester to Senator Langer Regarding Garrison Dam, November 30, 1946

  Carl Sylvester

  This handwritten letter dated November 30, 1946, from Carl Sylvester of Elbowoods, North Dakota (ND) on the Fort Berthold Reservation of ND to United States Senator William Langer, Sylvester first thanks Langer for the latter's "kind attitude" towards him as an entity in the last election. Sylvester goes on through pages 1-4 to offer his insights on the role of the Republican Party in the leadership of the country over a number of administrations.

  On pages 5 and 6, Sylvester raises the issue the of Three Affiliated Tribes' opposition to the construction of the Garrison Dam project, urging Langer to oppose it as well.

  With this this handwritten letter, Sylvester has enclosed a typed "writeup" entitled "The Voice of Flood - Threatened Indians" he has written detailing the tribes' attitude regarding the Garrison Dam project.

  See also:

  Telegram from Senator Langer to Carl Sylvester Regarding Garrison Dam, December 9, 1946

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

  Three Affiliated Tribes Business Council

  This resolution dated January 6, 1946, passed by the Tribal Council of the Three Affiliated Tribes of Fort Berthold, North Dakota and signed by Three Affiliated Tribes Chairman Martin Cross, expresses the council's 100% opposition to the construction of the Garrison Dam.

  The resolution also expresses the council's appreciation to United States Senator from Wyoming Joseph C. O'Mahoney for his amendment to the First Deficiency Appropriation Bill of 1946 which stipulates that none of the funds appropriated for the Garrison Dam project may be used until the members of the Three Affiliated Tribes are satisfactorily compensated for their lands lost through the construction and operation of the dam.

  See also:

  Letter from C. H. Beitzel to Joseph C. O'Mahoney Regarding Resolution from Three Affilliated Tribes Thanking Him for Amendment, February 5, 1946

  First Deficiency Appropriation Bill, 1946

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  Public Relations Press Release from US Army Corps of Engineers Regarding Lieu Lands in Oliver and Mercer Counties, 1946

  United States Army Corps of Engineers

  This public relations press release dated 1946, from the United States (US) Army Corps of Engineers, regarding lieu lands related to the Garrison Dam states that the US War Department and the US Department of Interior have arrived at a proposal. This proposal would give the affected 300 families of the Three Affiliated Tribes of the Fort Berthold Reservation lieu lands from Oliver and Mercer counties to replace lands that will be flooded by the Garrison Dam. The release states that these lands were selected following a survey of nearly 600,000 acres and that these lands are comparable in quality to the lands that will be flooded. The proposal also give details about the lands that will be used from these two US counties including the names of the relevant towns and the amount of white farmers who will be affected. The release concludes that effected tribal members should expect little hardship from both the quality of the new lands and the relocation process.

  A handwritten note at the top of the document reads, "Indians" and "Garrison Dam."

  See also:

  Letter from Colonel Wannamaker to Senator Langer regarding lieu lands related to the Garrison Dam, December 4, 1946

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  Report on Meeting for the Purpose of Obtaining the Views of the Three Affiliated Tribes of the Fort Berthold Reservation on the Lieu Lands Offered by the Secretary of War, December 16, 1946

  United States Department of the Interior

  This report documents a meeting that took place on December 16, 1946 in the conference room of the United States (US) Secretary of Interior to obtain the views of the Three Affiliated Tribes of the Fort Berthold Reservation on the lieu lands offered by the US Secretary of War.

  The report includes a roster of attendees, a transcript of the meeting and a number of exhibits submitted, including: a letter from US Under Secretary of the Interior to Attorney Ralph Case; Section 6 of US Public Law 374, 79th Congress 2d session; a memorandum to the US Secretary of the interior from the acting commissioner of Indian Affairs transmitting correspondence from Tribal Chairman George Gillette in which Gillette accepts the Secretary's invitation to have representatives of the Three Affiliated Tribes present at a special hearing; a notice to all tribal members listing a schedule of meetings to discuss the offer of lieu lands; lists of attendees and comments from meetings in various districts; a resolution announcing the rejection of the offer of lieu lands; a formal rejection of the offer; and a telegram from the Hazen Community Club to US Secretary of the Interior J.A. Krug arguing that a restudy of the lands is warranted.

  See also:

  Report on Second Meeting for the Purpose of Obtaining the Views of the Three Affiliated Tribes of the Fort Berthold Reservation on the Lieu Lands Offered by the Secretary of War, December 23, 1946

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  Report on Second Meeting for the Purpose of Obtaining the Views of the Three Affiliated Tribes of the Fort Berthold Reservation on the Lieu Lands Offered by the Secretary of War, December 23,1946

  United States Department of the Interior

  This report contains a transcript of the second meeting held on December 23, 1946 in the office of the United States (US) Assistant Secretary of the Interior C. Girard Davidson for the purpose of obtaining the views of the Three Affiliated Tribes of the Fort Berthold Reservation regarding the lieu lands offered by the US Secretary of War as compensation for the loss of tribal lands to be inundated by waters of the Missouri River due to the construction of the Garrison Dam. Included in the report is a list of attendees, a transcript of the meeting, in which the Three Affiliated Tribes reject the offer of lieu lands made by the US Department of War to the Fort Berthold Reservation.

  See also:

  Report of Meeting for the Purpose of Obtaining the Views of the Three Affiliated Tribes of the Fort Berthold Reservation on the Lieu Lands Offered by the Secretary of War, December 16, 1946

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  Letter from Colonel WW Wannamaker to Senator Langer Regarding Lieu Lands Related to the Garrison Dam, December 4, 1946

  WW Wannamaker

  This letter dated December 4, 1946, from United Stated (US) Army Corps of Engineers Colonel WW Wannamaker to US Senator William Langer, states that he is writing in light of the Washington announcement that the US Secretaries of War and Interior have made a lieu lands offer to the Three Affiliated Tribes of the Fort Berthold Reservation. Wannamaker states that the most serious problem of the Garrison Dam was the relocations it required. He states that his department was tasked with finding lieu lands "comparable in quality and sufficient in area" while also an "economical solution to the United States" which would create "minimum hardships on the white population." Wannamaker goes on to state that no plan could achieve both of these aims, and settlers in Oliver and Mercer Counties, as well as tribal members of Fort Berthold, have opposed the dam. He concludes by suggesting that a slow relocation process will help prevent things from stalling.

  This letter contains a handwritten signature.

  See also:

  Telegram from Senator Langer to Colonel WW Wannamaker Regarding Relocation, December 6, 1946

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  Letter from Women's Society of Christian Service to Senator Langer Regarding the Relocation of Fort Berthold Indians, Undated

  Women's Society of Christian Service of the Methodist Church of Center, North Dakota

  This handwritten letter that is undated, from the Women's Society of Christian Service of the Methodist Church of Center, North Dakota to United States Senator William Langer, registers "a vigorous protest against the proposed relocation of Fort Berthold Indians in a portion of Oliver County on the grounds that it would be an injustice to the tribes affected as well as to homeowners in Oliver County who thereby be forced to vacate their farm and ranch homes that have been established thru [sic] long years of toil and sacrifice."

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  Letter from Assistant Commissioner of Indian Affairs Zimmerman to Senator Langer Regarding Distribution of Payments to the Fort Berthold Indians, September 13, 1946

  William Zimmerman

  This letter dated September 13, 1946, from Assistant Commissioner of Office of Indian Affairs William Zimmerman to United States Senator William Langer is a response to Floyd Montclair’s letter to Langer where Montclair asks for $400,000 per capita payments to the Fort Berthold Indians. Zimmerman clarifies that the Interior Department Appropriation Act does not “contain a provision for a per capita payment to the Fort Berthold Indians.” The letter is enclosed as a copy from the United State Department of Interior Office of Indian Affairs. The enclosure is entitled “Enc. 393.” Both Langer and Commissioner of Indian Affairs Brophy William Brophy are noted as recipients of the enclosure.

  See also:

  Letter from Floyd Montclair to Senator Langer Regarding Per Capita Payments, August 19, 1946

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  Richard Auras "Career of Life," Undated

  Richard Auras

  This document, undated but likely written in 1945 or 1946 based on internal references and related correspondence, is interned German national Richard Auras's self-authored "Career of Life," in which he chronicles his immigration and life in America as a student of chiropractics at Sierra State University in San Francisco, as well as his career both in America and in Germany. Auroas also includes several references attesting to his character.

  Auras was arrested on December 8, 1941 by the US government under the Alien Enemy Act of 1798 and interned at Fort Lincoln, south of Bismarck, ND.

  See also:

  Letter from Curt Benedict to William Langer Regarding the Internment of Richard Auras, February 26, 1946

  Petition and Affidavit By Curt Benedict for Release of Richard Auras from Internment, August 1946

  Letter from Richard Auras to William Langer Regarding Internment Status Decision, January 27, 1946

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  Letter from C. H. Beitzel to Senator Langer Regarding November 6 Resolution Passed by Three Affiliated Tribes Tribal Council, November 13, 1945

  C. H. Beitzel

  This letter dated November 13, 1945, from Fort Berthold Agency Superintendent C. H. Beitzel to United States (US) Senator William Langer, thanks Langer for his letter of October 31 in which Langer enclosed copies of a committee report and a speech that he gave to the US Senate regarding the Garrison Dam construction. Beitzel says members of the Three Affiliated Tribes would likely want to see a copy of the speech to know that Langer is working for their interests. Beitzel encloses a copy of a resolution passed on November 6 by the Three Affiliated Tribes Tribal Council extending gratitude to Langer and others for the courtesy they extended to delegates who went to Washington, D. C. recently. A copy of this resolution is enclosed. The resolution is signed by Martin Cross, George Gillette, and C. H. Beitzel.

  See also:

  Letter from Senator Langer to C. H. Beitzel Regarding Resolution Passed by Three Affiliated Tribes Tribal Council, November 27, 1945

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  Letter from William A. Brophy to Senator Langer Regarding Native Veterans and the Serviceman's Readjustment Act of 1944, December 17, 1945

  William A. Brophy

  This letter, dated December 17, 1945, from Commissioner of the United States (US) Bureau of Indian Affairs William A. Brophy to US Senator William Langer calls Langer's attention to a circular Brophy has sent out to Agency Superintendents and other personnel of the US Bureau of Indian Affairs regarding the rights of Native veterans to credit under the US G.I. Bill of Rights. Brophy encloses a copy of the circular with this letter and notes that "some of the new instructions liberalize and modernize the regulations on the giving of security by Indians."

  The enclosed circular, identified as "Circular No. 3610," has as its subject, "Loan Guaranty Provisions of Serviceman's Readjustment Act of 1944," and encourages the utilization by Native Veterans of loan guaranties provided for US veterans. The circular explains further that, while "an Indian is a citizen," and that Native status does not disqualify one from from entering into a contract or owning property, there are certain US statutes that "place limitations on the individual Indian with respect to the alienation of property held in trust for him by the United States, or which is subject to restrictions against alienation. The individual Indian can not sell or mortgage his interest in such property, although there are means by which the Secretary of the Interior may enable him to sell such property."

  The circular provides information specific to issues and questions faced by Native veterans who seek to utilize the loan guarantee programs provided by the Serviceman's Readjustment Act of 1944, and includes as its last page a form titled, "Assignment of Income from Trust Property," by which a lender may be granted rights to income derived from trust lands in the event of a failure of the lendee to repay the loan under the agreed-upon terms.

  See also:

  Letter from Senator Langer to William R. Beyer Regarding Native Veterans and the Serviceman's Readjustment Act of 1944, December 28, 1945

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  Letter from Felix Cohen to Joseph O'Mahoney Regarding Chief of Army Engineers Statement on Inundation of Fort Berthold Lands, December 14, 1945

  Felix S. Cohen

  This letter, from Felix S. Cohen, Associate Solicitor for the United States (US) Department of the Interior Office of the Solicitor, to US Senator from Wyoming Joseph O'Mahoney, is a response to O'Mahoney's telephone inquiry regarding the meaning and effect of comments made in a statement from the Chief of Engineers, US Army, concerning arrangements to be made where Indian lands are inundated by proposed reservoirs.

  Cohen offers the opinion that the wording of the statement does not limit the powers of federal agencies to carry out condemnation proceeding to the particular manner described in the the statement.

  In other words, while the statement describes a process for land transactions with Indians based on agreement and subject to the approval of the US Secretary of the Interior, it does not actually afford the tribes any assurance that they will be consulted regarding the disposition of their lands.

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  Memorandum from Felix Cohen to US Senate Committee on Indian Affairs Regarding Nature of Land Title and Possible Means of Protecting Land from Garrison Dam Project, October 17, 1945

  Felix S. Cohen

  This memorandum, dated October 17, 1945, from Felix S. Cohen, Associate Solicitor for the United States (US) Department of the Interior Office of the Solicitor, to the US Senate Committee on Indian Affairs, was submitted to supplement his statement of October 9 of that year, and deals specifically with the character of the title held by the Three Affiliated Tribes of the Fort Berthold Reservation in North Dakota, and the legal means available to the Tribes for the possible protection of their land. References on page 4 of the document make it clear that the threat from which the Tribes might seek protection is the proposed construction of the Garrison Dam.

  The memorandum gives a brief history of the Three Affiliated Tribes of the Fort Berthold Reservation, starting with the Treaty of Fort Laramie, while also detailing violations of that treaty by the US government and the resulting legal actions taken by the Tribes in the US Court of Claims, arriving at a conclusion that the United States has no right to enter upon the territory of the Tribes.

  Cohen then explains that, since treaty obligations may be violated by act of Congress, the Tribes desire to know in what ways they can challenge the legality of such an action, should Congress choose not to respect the treaty obligations of the United States and instead appropriate funds to construct the Garrison Dam on the Tribes' land. He suggests two methods available to the tribes for presenting objections to the taking of their land for the construction of the dam, and cites cases to establish that the Tribes have the same right to employ legal counsel and to seek injunction against unlawful interference with their property as any non-Indian citizen.

  Note: In the last paragraph of the memorandum, Cohen mistakenly refers to the Tribes as the "Three Affilliated Tribes of Fort Belknap Reservation," though he does refer to them by their correct name elsewhere in the document.

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  Letter from Martin Cross to Senator Langer Following-Up from a Trip to Washington, D. C., October 13, 1945

  Martin Cross

  This letter dated October 13, 1945, from Three Affiliated Tribes Tribal Chairperson Martin Cross to United States (US) Senator William Langer, informs Langer that Cross is back home and feels that their time was spent well (a reference to a recent trip to Washington, D. C.). Cross says he feels he stood up for the tribes' rights and that he will be giving a report on their trip on October 18 to the General Council.

  See also:

  Letter from Senator Langer to Martin Cross Regarding a Speech, October 22, 1945

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  Letter from Martin Cross to Senator Langer Regarding the Garrison Dam, December 7, 1945

  Martin Cross

  This letter dated December 7, 1945, from Three Affiliated Tribes Tribal Chairperson Martin Cross to United States (US) Senator William Langer, discusses the Appropriation Committee's action on a Deficiency Bill and the height of the Garrison Dam. Cross mentions that Commissioner Brophy (likely William Brophy, US Commissioner of Indian Affairs 1945-1948) recently visited the tribes, to no conclusive accomplishment. Cross says that the Tribal Council has decided to hire attorney Ralph H. Case to represent the tribe in the ongoing fight over the Garrison Dam.

  See also:

  Telegram from Senator Langer to Martin Cross Indicating that Legislation Authorizing the Garrison Dam Passed, December 17, 1945

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  Letter from Martin Cross to Senator Langer Regarding Trip to Washington and Desire for a Meeting with John Hamilton, October 30, 1945

  Martin Cross

  This handwritten letter, dated October 30, 1945, from Three Affiliated Tribes Tribal Chairperson Martin Cross to United States (US) Senator William Langer, thanks Langer for his letter of October 22 in which he enclosed a speech inspired by Cross's recent visit to Washington, D. C.. Cross notes he read the speech in a Tribal Council meeting and it was enjoyed by all. Cross reports that he and Peter Beauchamp will be in Washington, D. C. to work on hiring an independent lawyer for the tribes. Cross says he received a letter from John E. Hamilton and would like to meet with him.

  See also:

  Letter from Martin Cross to Senator Langer Following-Up from a Trip to Washington, D. C., October 13, 1945

  Letter from Senator Langer to Martin Cross Regarding Trip to Washington, D. C., November 7, 1945

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  Telegram from Martin Cross to Senator Langer Regarding Appropriation Committee Meeting, October 24, 1945

  Martin Cross

  This telegram dated October 24, 1945, from Three Affiliated Tribes Tribal Chairperson Martin Cross to United States (US) Senator William Langer, informs Langer the Tribal Council approved hiring an independent lawyer. Cross says he will be in Washington, D. C. next week and would like to know when the Appropriation Committee will meet.

  See also:

  Telegram from Senator Langer to Martin Cross Regarding Appropriation Committee Meeting, October 26, 1945

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  Letter from Helene Dietz to "Hearing Board" Requesting Reconsideration of the Arrest and Internment of Richard Auras, August 10, 1945

  Helen Dietz

  In this letter, dated August 10, 1945, from Helene Ilse Dietz, fiancée of interned German national Richard Auras, to the Chairman of the "Hearing Board," writes in "evidence that [Auras] is not dangerous to the public peace and safety of the United States," asking the Board to reconsider his case. She explains that she plans to marry Auras once he is released, that he was almost ready to take his final exams to become a chiropractor, and that he possesses in every way the qualities of a good citizen, factors, she notes, that were taken into consideration by the previous hearing board, which had recommended his release. This decision, however, had been set aside by order of the United States Attorney General.

  Dietz adds that she herself is a loyal United States (US) citizen and the widow of a US WWI veteran.

  Auras was arrested on December 8, 1941 by the US government under the Alien Enemy Act of 1798 and interned at Fort Lincoln, south of Bismarck, ND.

  See also:

  Letter from Helene Ilse Dietz to US Immigration Services Regarding Richard Auras, January 20, 1942

  Petition and Affidavit By Curt Benedict for Release of Richard Auras from Internment, August 1946

  Letter from Richard Auras to William Langer Regarding Internment Status Decision, January 27, 1946

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  Letter from Lt. Col. Delbert Freeman To Senator Langer Regarding Name of Town Created for Construction of Garrison Dam, November 14, 1945

  Delbert Freeman

  This letter dated November 14, 1945, from Lieutenant Colonel Delbert Freeman of the United States (US) War Department to US Senator William Langer, Freeman acknowledges receipt of Langer's November 9, 1945 letter, and a letter enclosed with it from E. E. Koenig of Underwood, North Dakota, regarding the name of the name of the construction village to be created at the construction site of the Garrison Dam. Freeman explains that the name for the village is under consideration, and the Koenig's suggestion of "Ashville" will be given full consideration.

  See also:

  Letter from E. E. Koenig to Langer Regarding Name of Town Created for Construction of Garrison Dam, November 7, 1945

  Letter from Langer to E. E. Koenig Regarding Name of Town Created for Construction of Garrison Dam, November 17, 1945

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  Letter from John Hamilton to Senator Langer Regarding a Radio Script Used for American Indian Day, September 24, 1945

  John Hamilton

  This letter dated September 24, 1945, from President of National American Indian Defense Association John Hamilton to United States Senator William Langer, encloses a “radio script in reference to American Indian Day in Connecticut which is September 28th.” The letter suggests Langer wants to use this radio address in conjunction with the petition Hamilton sent Langer on September 21, 1945. The letter concludes by thanking Langer for “all you are doing for the interest of the Indians in your state as well as those in other States throughout the country.”

  See also:

  Petition Regarding the the American Indian Emancipation Act, September 21, 1945

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  Letter from John Hamilton to Senator Langer Regarding Correspondence from Martin Cross Informing that the Tribes have Decided to Hire Ralph H. Case as Tribal Attorney, November 25, 1945

  John Hamilton

  This letter dated November 25, 1945, from John E. Hamilton to United States (US) Senator William Langer, informs Langer that Three Affiliated Tribes Tribal Chairperson Martin Cross informed him the tribes have decided to hire Ralph Hoyt Case to represent them in their case against the US Government in regard to the construction of the Garrison Dam. Hamilton speaks highly of Case and says he is also writing a letter to Case. Hamilton encloses the letter from Martin Cross regarding the tribes' decision to hire Case.

  See also:

  Letter from Senator Langer to John Hamilton Regarding Letter Informing that Three Affiliated Tribes Hired Ralph H. Case as Tribal Attorney, December 12, 1945