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Excerpts from:

Unconquered Uncontrolled

The Klamath Indian Reservation

By Carrol B. Howe

Copyright 1992

WARNING

You may not like this book. If we could each write history the way we wish it had happened it would often be quite different from what really took place. One purpose of this book is to provide true accounts of those who lived during the time and under the conditions of those times. It was not always pretty but if it is true then truth should prevail over a pleasant depiction of the past.

Most of this book is made up of information obtained by interviews and first hand writings of those involved in that historical period when the frontier was being discovered, opened and settled. The score of the success and failure record was too close for the satisfaction of those participating. The record book has not been closed. The Bureau of Indian Affairs may wish to re-evaluate their purpose and mission before closing the books.

The author wishes to acknowledge with gratitude the generous help and information given by those whose works appear in this account. Their names and pictures can be found herein.

The assistance of the Klamath County Museum and Redding Museum and Art Center, as well as the Shaw Historical Library, were valuable resources. Others who provided valuable information and help were Van Landrum, Carol Briggs, Ben and Margaret Murphy, Joe Caraher, Bob Bastian, George Howe, Maureen Dehlinger, Nora and Bob Rock, my wife Marjorie, and most of all Donna Allen, without whose help and encouragement the book would not have been written.

Chapter I

"The Myth of the Primitive Paradise"

 

Page 11: Among the poets who were inclined to give an idealized version of Indian life was Henry W. Longfellow whose "Hiawatha" provided such a description. James Fenimore Cooper (Page 12) who wrote "Lo, the Poor Indian" whose untutored mind sees God in the clouds and hears him in the wind. Probably he gave a more correct interpretation than most of his fellow poets.

Mr. Joaquin Miller, who wrote the book, Life Among the Modocs ". . . seen a Modoc Indian at the time of this writing and did not know that the deer in Klamath County were so depleted that Indian hunters migrated into Jackson County for their deer hunting.

The Indians were so widely dispersed, their language so diverse, and the pattern of living so different that any attempt to describe them as a race would necessarily fall short of the truth."

Page 16: "The Quids found in most dry caves in the Klamath region shows the plant material (tules) was chewed to extract the nutritional material, then the fibrous remains were expectorated. The search for nutrition was a daily event during much of the year for many Indian groups who had not developed (Page 17) agriculture. This very existence demonstrated both courage and determination."

"The semi-underground dwellings developed by the Indians of the Klamath region for winter houses resembled those of eastern Siberia. The Jachelson’s on an expedition for the American Museum of Natural History reported to Frank Boas in the year 1903:

"It is almost impossible to describe the squalor of these dwellings.

The smoke which fills the hut makes the eyes smart.

"It is particularly dense in the upper part of the hut, so that work

has to be done in an upright position becomes almost impossible.

"Walls, ladder and household utensils are covered with a greasy

soot. The dim light which falls through the smoke hole is hardly

sufficient for writing and reading. The Natives are infested with

lice.

"As long as we remained in these dwellings we could not escape

these insects which we dreaded more than any of the privations

of our journey."

"The Klamath Indians were fortunate in that as warm weather returned they could move from the winter house into their mat covered summer shelter.

"Even so, many suffered from an eye disease called trachoma.

"As late as the year 1930 the public schools on the reservation were provided with medicine to treat the eyes of children with trachoma. Blindness was not an unusual condition for older Indians at that time."

Page 18: "Both the Klamath and Modoc were skillful at hiding their camps and places of residence in the marshes and trees. Fremont mentioned the distress of the Indians when his exploring party visited their village on the Klamath Marsh, thus exposing a trail to the camp.

"Modocs and Klamaths got along reasonably well and sometimes joined on slaving raids into the Pit River country. The Shasta had great fear of the Modocs. One Shasta descendent told me that when the Modocs come into their territory on the Klamath River they would retreat with their bows and arrows into the cliffs along the canyon in order to defend themselves.

"Peter Skene Ogden wrote of a Shasta village completely destroyed and abandoned.

"On January 15, 1827, Ogden made this diary entry which further illustrates the constant state of fear that prevailed in primitive society:

"We made an attempt to procure an Indian to guide us but without

success and I fear we shall not succeed. Certainly they dread their

neighbor and no doubt with just cause, for even at this season (mid-

winter) they keep regular watch at nights; two at a considerable

distance from their camp and one near at hand so if their enemies

approach the alarm is soon given and from their conduct in general

they certainly live in (Page19) constant dread of their enemies who

they represent as treacherous towards them."

"The raids of the Klamath and Modoc on the Hat Creek band were described by Sampson Grant, an Atsuge Shaman, in a report for the Redding Museum:

"Every spring at root digging time the Klamaths (Athowa) and the

Modoc (ack o mi) raided and killed many Hat Creek and Dixie

Valley Indians. They stole the boys and girls and sold them to

the Warm Spring Indians. In the last fight between the Klamath

and Modoc against the Hat Creek and Dixie Valley Indians they

came early (Page 21 – Pictures on Page 20) in the morning before

daylight and killed many of the Atsuge and Aportuge. In this last

fight the Paiute (appoi) came and helped in fighting against the

Klamath and the Modoc."

"The old Shaman said:

"The Hat Creek and Dixie Valley Indians were almost always

beaten in a war."

"In spite of the prestige that risk taking brought the warrior, many tribes developed defensive armor to ward off the poisoned arrows and projectiles of the enemy. The design used by the Klamath is shown in the Smithsonian picture which follows." (Caption under photo: ‘Coat of armor used by Modocs, apparently made of split tules).

Page 22: "Charlie Ogle, who was born and grew up on the Klamath Indian Reservation gave this explanation for the Indian attitude, "Stealing is simply sharing."

". . . The Europeans had developed domestic animals and devices to utilize water power even before steam power was invented. The Asiatic migrants brought only the domestic dog as a servant. The rest of the sustaining energy had to be provided by man power. Actually according to writers of the period, it was mostly woman power. Charlie Ogle made these comments relating to the work of Indian women:

"Natures bounty had always gone through the hands of Indian

women.

"Men spent their time making implements for waging war or

hunting. Indian women harvested crops, manufactured the

baskets for crop storage, made clothing for the family, fashioned

implements for (Page 23) preparing food stuffs, and processing

game from the time it was killed until it was served as food.

"Men always considered themselves above manual labor."

"The manufacture of even the simplest objects such as baskets or clothing took much time and energy. The materials had to be gathered in a certain season, stored carefully, and treated skillfully before the lengthy process of weaving or tanning began.

"Cordage, so valuable in the primitive life-style, required special treatment. Whether made from . . . sagebrush bark or cedar bark it had to receive careful preparation before being converted to fishing line or snares. On July 9, 1827, Peter Skene Ogden entered in his journal: "I observe for two (Page 24) miles beyond their camp they have peeled the bark of worm wood (sagebrush). It is with this they manufacture their scoop nets, their lines and ropes for their horses and it answers well, almost equal to those manufactured with hemp."

"The milling or grinding of such foods as dried meat, wocus or the pounding and leaching of acorns was a daily requirement taking long hours of toil by the Indian women."

"Considering this, it is easy to understand why the males who could afford it acquired more than one wife and wives were often glad to have additional hands to share the work.

"Women were, if nothing else, valued property; sometimes used for exchange. Sampson Grant, the Atsuge Shaman said:

(Page 25) "After a battle the scalps of an enemy who had been

killed in the battle was taken. The ears as well as the scalp was

taken off . . .the scalp was dressed nicely and kept by a good

dancer who put it away. When people decided to stop fighting,

one man was sent from each line (side) to talk. The winning

side wanted money and women to settle the fight."

"Good advice would be if you were going to be an Indian, don’t be a woman and don’t get old. . . Klamath and Modoc were different. They arranged special living quarters for those too old to climb the house ladders and made special deliveries of food for those too old to forage."

Page 26: "Slaving was an institution that romantic fiction writers seldom mentioned in the accounts of the ‘primitive paradise’ yet like gambling, it was almost universally practiced by Indians . . .

"Modoc and Klamath made slaving raids profitable by transporting their captives to Columbia River region where they could be traded for horses, beads, or even guns. Men were seldom captured but women and children were carried away and sometimes adopted. Wren Frain, a Shasta, said he saw a handsome Shasta woman whose eyes had been destroyed by the Modocs because she tried to escape – a pragmatic and affective way of maintaining control."

"One aspect of the ‘primitive paradise’ that Europeans could never completely understand was the power of fear. The rule of fear by shamans and conjurers cast a heavy and universal influence over all American Indians. They naturally felt a spiritual (Page 27) presence in all aspects of their environment, including inanimate objects. Cressman said he watched a Klamath woman talk lovingly to her two-horned mano as she ground wocas. Ima Jiminez, a full blood Klamath woman, told me that ‘Klamath Indians prayed a lot.’ If they caught fish they thanked the fish spirit, likewise, with a deer or antelope."

Page 31: "There were two general types of ‘doctors’ associated with Klamath-Modoc culture, those who cured disease and those who cast evil spells or cast out evil spells or spirits."

"The superstitious fear of the latter was prevalent. One lady told me that White Cindy, who claimed supernatural power, would require her and other kids to dig ipos for her or she would turn them into frogs.

"A more influential and perhaps damaging shaman was Black Doctor who served to advise the Modoc band that resisted the U. S. Government in the Lava Beds. He convinced the Modoc warriors that bullets of the military could not harm them.

"He was nearly right.

"Nearly all the Klamath-Modoc groups believed in ghosts and feared various evil omens in the call of a bird, the sighting of an animal or a wind direction.

"Being a Modoc shaman had its risks. While some became wealthy, the custom entitled the relatives to kill the doctor if the patient died.

"Captain Jack killed a doctor."

"After the Treaty of 1864, reservation authorities tried rather successfully to remove the influence of the native conjurers. This was more due to the work of Christian missionaries rather then force of law."

Chapter II

"The Traders"

Page 36: "The first European to penetrate the Klamath Country was the Scotsman Finian McDonald. He proceeded south as far as (Page 37) Chiloquin, then reported back to company headquarters at Fort Vancouver on the Columbia River."

"The next year, 1826, Peter Skene Ogden would depart from the Dalles with a large party to explore the Snake Country. There the Hudson Bay Company party was troubled by the skillful horse thieves of the Snake (Paiute) Indians. Ogden found the region desolate but heavily populated and he wrote:

"It is incredible the number of Indians in the quarter. We cannot

go ten yards without finding them. Huts of a size to hold 6 or 8

persons . . . An old woman camped with us the other night; and her

information have found most correct. From the severe weather last

year, her people were reduced for want of food to subsist on the

bodies of relations and children.

(Page 30) "She herself had not killed any but had fed on two of

her own children who had died through weakness."

"On November 28, Ogden made his first contact with the Klamaths. He wrote:

"They had regretted we opened contact from the mountains. They said, ‘The Nez Perce have made different attempts to reach our village but could not succeed. Even last summer we discovered a war party of Cayuse and Nez Perce in search of us but they did not find us. We have no fire arms. Still we fear them not.’ It is not hard to imagine what a treasure a Hudson Bay Rifle or axe would be in that village.

"When Ogden arrived at the confluence of the Sprague and Williamson Rivers (Chiloquin) he found the Klamaths had already traded beavers with the Williamette Indians but they returned (Page 39) two traps lost by Finian McDonald and traded eight beavers. The principal trading commodity of the Indians – dogs; so many of them that he named the Klamath Lake "Dog Lake."

Page 40: "The Northwest Trading Company after years of fierce competition with Hudson Bay Company was bought out by the latter. Two items originated by Northwest reached the Klamath Country probably as a result of Ogden’s activity.

"The second trader to reach the Klamath Country and engage in trading activity there was Ewing Young in the year 1833.

"Young was known as a master trapper, trader and mountain man. He was the teacher and mentor of another famous (Page 42 – Pictures on Page 41) frontiersman, Kit Carson. While Young played an important part in the history of Oregon his fame did not reach the extent of that of his pupil. Many features in the west are named for Kit Carson; few people even know that Young and his party had a very successful trapping and trading party there in 1833. Apparently Ewing Young’s party was well defended and spent most of the time on the west side of Upper Klamath Lake.

"Martin Frain married a Shasta Indian woman and lived in the Klamath Canyon. Records show that he bought considerable trade goods at King’s store in Yreka. They included beads, traps and cloth. His son, Wren Frain, told me he would get alchochicks (dentalium shell) beads in San Francisco, then take them to the hill above Klamath Falls, where he would send a smoke signal inviting surrounding Indians to come and trade.

Page 44: "Frain’s first trip to the Klamath Country was related by Rachel Applegate Good in her history of Klamath Country:

"Martin Frain with 5 mules laden with beads camped on the

west side of Link River.

"On the opposite bank were camped Modoc, Klamath, Snake

and Cayuse Indians to trade at a day designated by the position

of the moon. Frain swam his mules across the river and a

squaw conveyed his beads and (Page 45) saddle over on a tule

float which had in its center a hole through which she thrust

her limbs using her feet as paddles. By sun down the beads

were in the hands of the Indians and Frain was in possession

of 1200 skins . . . The night was devoted to gambling for the

beads. There was an element of science as well as luck in the

transactions (games). It was not long before a dozen of the

most expert natives owned the greater bulk of the ornaments."

"Archeological evidence indicates that the Modocs did not carry on as much trading with the Europeans as the Klamaths and Columbia River Indians.

"There may be several reasons for this. Studies have shown that the Modoc population was substantially reduced by the time the traders arrived. This could be one reason for the lack of trade goods. Another could be the shortage of beaver habitat in the territory of the Modocs.

"A third possibility would be the disposition of the Modocs and their aggressive attitude toward both whites and surrounding tribes. Geographically more remote from Fort Vancouver they seemed to have carried on more trade with the California Indians in Pre-Columbian times than the Klamaths."

Chapter III

"A Reservation Established"

Page 49: "Two important expeditions were in the Klamath Country in the year 1846. One headed by John Charles Fremont which moved south to take part in the California Bear Flag Revolt. The other, a self-appointed and organized party headed by the brothers Applegate, Jesse and Lindsay, with the purpose of finding a better route for emigrants to enter the Oregon Country and the Willamette Valley; both groups were successful.

"The route southwest from Fall Hall, Idaho, through Nevada and Northeast California has become known as the Applegate Trail. Traveling on this route the weary pioneers who had survived the heat and thirst of the Nevada desert had to cross the territory of the Paiute and fierce Modoc Indians. Either group could sometimes be demanding or hostile.

"An act of cooperation by the Klamaths and the authorities at Jacksonville was evidenced when in 1859 ‘A man named Ledford and four other men were killed by Indians at Racharee Prairie. The Jacksonville people called on La-Lakes, the Klamath village chief, to ascertain who the murderers were and to secure their punishment.’ I am doubtful if the trial and sentencing of the guilty parties would meet the approval of today’s Civil Liberties Union. In any case, according to Rachel Applegate, ‘In obedience to this edict the forceful old chief brought to Jacksonville the heads of three of the offenders.’

(Page 50 – Map of engineer Van Landrum showing Fort Klamath and the Applegate Trail)

Page 51: "Major C.S. Drew in 1863 said that, ‘151 persons had been murdered since 1846 and an estimated three hundred persons had been seriously wounded by Indians in that vicinity.’ He recommended establishment of a military post in that region to protect the travelers.

"Later in 1863 at the request of the Oregon legislature the war department established a military base – strangely enough it ended nowhere near the Applegate Trail. In the competition between the cities of Ashland and Jacksonville for the site selection Drew came down on the side of Jacksonville and Fort Klamath was established in a beautiful well-watered plain nearer (Page 52) to Jacksonville. At this time it seems unfortunate that this site was selected. It was in the center of the homeland of the Klamath Indians, whereas the protection was needed from the Modocs.

(Caption under photo of Fort Klamath on Page 51: Fort Klamath was set in a well watered natural meadow. The buildings were made of lumber and much different from the normal concept of a traditional fort. The military were authorized to leave in 1890 and according to author Buena Stone the property was given to the Indians. She said the lumber used in building the Williamson River church came from the Fort Klamath buildings. The site of the Fort is now a Klamath County Park.

(Caption under photo on Page 52: U.S. Cavalrymen lined up in front of the barracks at Fort Klamath. The use of horses was nearly impossible in the rough terrain of the Modoc Lava Beds. Many Jackson County volunteers as well as soldiers were killed in that unfortunate engagement.)

"Difficult and impassable roads separated it from the Rogue Valley. Then later location of the reservation would cause problems between soldiers and Indians. As the time Fort Klamath was established it was in the political jurisdiction of Wasco County and later Jackson County.

"The civil war was in progress. As a result the personnel at the fort were volunteers, mostly from Jackson County.

"It was later garrisoned by federal troops and new buildings were finished in 1868."

Page 53: "The military base was on the way when in 1864, J.W.P. Huntington, Oregon Superintendent of Indian Affairs, called the Indians of the Klamath region together to negotiate a treaty.

"He called on Captain Lindsay Applegate of Ashland to help negotiate a treaty, then later to act as agent.

"The treaty signing ceremony was an impressive affair. La-Lakes was there. Chocktoot, head of the Yahooskin Snakes band signed and old Sconchin, principal chief of the Modocs. His nephew, Kientpoos, later known as Captain Jack, was also among the twenty-six leaders who signed the treaty. The meetings took place for several days, an assemblage of 1500 to 2000 Indians met about six miles from Fort Klamath. The council members met in a grove of pines about a mile north of the present agency buildings now known as Council Grove.

"The meeting was friendly and the Indians requested that Captain Lindsay Applegate be appointed agent.

"If the treaty signing was impressive the progress of establishment of the Reservation was anything but impressive. Applegate’s appointment did not become confirmed until June of the (Page 54) next year. (1865) In order to prepare for agriculture Applegate and a party left Ashland in May 1866, arriving at the Williamson River on May 12. The Indian residents took apart the wagons and contents to transport them across the Williamson River in canoes. Rachel Applegate said, ‘the Indians cheerfully and enthusiastically (without pay) joined in the building and farming operation; evidently in a holiday spirit.’ Without doubt those who had joined together in hunting, root digging and gathering waterfowl eggs were happy to find a new form of group activity for entertainment.

"She said that the operation of the breaking plow was watched with great interest by Chief Masenkoskit of the Sprague River band.

"The reservation farmer Whitmore said, ‘the vegetables grown that first year were a revelation and delight to the Indians who had previously lived on native roots.’ They were particularly impressed with beets because of the read juice.

"The speed and efficiency of the federal government was apparently not much better at that time than it is today. The treaty was finally approved in 1867. (It is still called the Treaty of 1864).

"A wagon train under Superintendent Huntington left the Dalles in October 1867 bearing the $35,000 worth of provisions promised in 1864.

"Facing into the winter weather and the Paiute Indians who were at war, Applegate asked at Fort Klamath for a military escort.

"He was given a detachment of six men with which to meet the party from the Dalles. Knowing this was inadequate he recruited ’30 picked and fearless men including seven chiefs.’ He organized them in military fashion. They were highly delighted to join in military drill like solders.

"After 400 miles of difficult travel Huntington arrived; a great distribution elated the population of the reservation. Some of the red flannel intended for dresses was made into flags to (Page 55) celebrate the occasion. It was on this trip that the site for the agency was selected, principally because of the spring and the potential for water power.

"The following spring (1868) temporary cabins were built, a dam was placed at the waterfall and a mill race 1500 feet long and 15 feet wide was excavated by Indian labor in four and one-half days.

"Four years after the agency had been established Alfred Meachan, Superintendent of Indian Affairs for Oregon reported:

"This Agency has been under the management of Lindsay

Applegate of Oregon – a man who was well qualified by

Nature and long residency on the frontier for the office.

(Page57) "He had taken charge of them when they were

savages and in the short time he was in power advanced

them greatly in civilization."

(Page 56 – Photo caption reads: Allen David, the first officially elected chief of the Klamath Reservation. Originally named Bo-Co-Pa, he was given the anglo name David Allen by Applegate. He immediately reversed the surname to read Allen David. A man of great dignity, David was a great help to Lindsay Applegate.)

"It is easy to imagine the difficulties involved managing an agency which had 26 chiefs to deal with; these not always on the friendliest of terms. Chief La-Lakes of the Klamaths was probably recognized as the most influential. The practice of the U. S. Government in dealing with most Indian Tribes was to recognize a single chief. The job of developing an acceptance of a single elected chief fell upon the shoulders of the younger (Oliver) Applegate. After explaining to him that an elected chief was in the best interest of civilization and good government, La-Lakes reluctantly accepted the idea of an election.

"He was given authority over operation of the ferry as a reward.

"His loyal followers were equally dissatisfied with the election idea. It was finally agreed to hold such an election and the residents were asked to nominate candidates for a single chief to represent all villages. Votes were to be counted as the electors lined up and stood behind their choice.

"There were two candidates for the chieftainship, both able candidates, Henry Blow and Bo-Co-pa. The latter had been given the Anglo-Saxon name David Allen by agent Applegate. He transposed the name and became known as Allen David. (To this day 1991 his descendants go by the surname David)

"Meachan described David as ‘a man of commanding appearance being over six feet tall, a well developed head and withal – highly gifted as an orator and diplomat.’ The election was held at the crossing of the Williamson River. The winner – Allen David by five votes.

"In a display of unity, Blow urged his people to cross over and join the line behind Allen David. I can believe the sigh of relief from Applegate still echoes up the Williamson Canyon.

"A new set of relationships at agency headquarters arose following the Paiute war in 1870. One group of Indians being (Page 58) brought to the newly created Klamath Reservation was a group of Snake Indians who had recently been defeated in a war with General Crook.

"While they were not prisoners, neither were they going by choice to the reservation. A.B. Meachan, who personally took part in the process, wrote:

"The meeting of the Klamaths and the Snakes was of interest

to all parties, from the fact that they had been enemies and

the chiefs had not met in person since peace was restored. The

Klamath people had made (Page 59) camp. The chief first

addressed me, stating that he had heard of me and was anxious

to . . . welcome me to Klamath. I replied by saying, ‘I have

brought with me a man of your own color. He comes to live

on Klamath.’ After an exchange of greetings, Ocheo, the

Snake chief, said: ‘I once thought I could kill all white men.

I have lost nearly all my young men fighting. I am tired of

blood. I want to die in peace. I have given my heart away.

I will not go to war . . . I have few horses. I do not know how

to work. I can learn. We will be friends. I will live forever

where this new chief (Meachan) places me. I am done.’ We

arrived at Yainax, the future home of a war chief who has

cost the government much blood and treasure, though docile

now. At the time of this meeting there was only one small

cabin at Yainax.’"

Page 60: "Two years later Meachan returned to Yainax to find 28 log houses occupied by Snake Indians, also comfortable buildings of Government employees on a farm of 300 acres.

"One phase of inaugurating white mans laws on the reservation was the abolishment of an institution centuries old and apparently accepted even by the victims – slavery.

"Rachel Applegate Good, daughter of Captain O.C. Applegate, wrote:

"At the time of the treaty the Klamaths held a number

of slaves of the Pit River tribe. They had been captured

and carried off their native habitat . . . how they were

set free is told by my father . . . ‘The Pit Rivers, mild

and inoffensive to a degree . . . were often imposed

upon by the crafty and warlike Klamaths and Modocs . . .

They even combined raids on them into the Pit River

country, killed without mercy any who ventured to

oppose them and carried away the comeliest of the young

women and most promising children as if they were

legitimate prey. Many of these were kept at home as

concubines or slaves and many were exchanged for

horses, women, furs and other articles of merchandise

with northern tribes. It was the province of the writer

as assistant agent to explain to them their new status

under the treaty had made them people of equal standing

with (other Indians) and they must learn to assume

responsibility . . . That the Moatvas (Pit River tribe)

must have proper representation . . . who will sit in

council and be recognized as a sub chief . . . It was hard

for them to understand their new relations with those

who had so recently dominated them . . . They showed

good judgment in selecting as their chief Pit River Charley,

a young man who was not only intelligent but had a

good deal of native dignity. He did not hesitate to take

his place on (Page 61) the Council and to ably represent

the interests of this people.’"

"Meanwhile Allen David, the elected chief, forcefully took up the causes of his people with Meachan. Allen David said, ‘When you lay down axes, the saws, the iron wedges and the tools you have promised us – when you do all Mr. Huntington promised us in the treaty of 1864, we can go to work like white men, our hearts are tired of waiting for the saw mill . . . we want the flour mill, then we will not live on fish and roots.

"’Give us strong law. We will do what your law says.

"’We want strong law . . . we want to be like white men.’"

Chapter IV

"Life on the Reservation"

(This chapter is word for word as published)

Page 63: In 1870 the original Indian agent Captain Lindsay Applegate resigned. By this time it was the U.S. Government policy to appoint military officers to head the reservations instead of civilians. Captain O.C. Knapp replaced Applegate and Allen David, the man who wanted ‘strong law’, resigned. Henry Blow was elected to replace him.

The proximity of Linkville had made it a more convenient trading center than Jacksonville and Knapp appointed Oliver Applegate with a force of 45 Indians to build a road around the steep slope of Modoc Point. Steven Stukel, a soldier who could blow bugle calls, was appointed as the only other white man to assist the leader. (Stukel mountain, near Merrill was named after him.) The discipline in the camp was semi-military and the Indians in the camp were delighted to line up like soldiers before staring to work for the day. They cheerfully completed the job in spite of evening gambling sessions.

Following Knapp a series of Indian agents (later called superintendents) governed the Klamath Agency. Nine different men served before Oliver C. Applegate, son of Lindsay, was appointed in 1898 as superintendent of the agency. He was well qualified as he understood the attitudes of the Indians, could speak their language and certainly was dedicated to their welfare. He employed, as agency farmer, a man named Selden (Page 64) Ogle who had worked for his family at Swan Lake. Ogle had two sons, Charles and Hal, both born on the reservation. It had been the good fortune of the writer to have been friends with both. Charles with his background of ‘hands on’ forestry was legislative representative (lobbyist) for the forest industry at the Oregon State legislature for many years. He has at my request preserved some of his memories in both interview and written form. He wrote of life there:

"Agency government had always tended to be a family affair. The Applegate family name is woven into most every ear of Klamath Agency history. Elishia, Ivan, Lucien and Oliver are all old Applegate names woven into the history of Agency government. The Loosleys: George, Fred and Marion were related by marriage to the Applegates. My father who was the Indian farmer spent most of his early boyhood with the Lucien Applegate family."

Life at the agency required adjustments by both Indians and whites. Those who lived in houses slowly adapted the habits and methods used by the whites. This was particularly true of those Indian women who worked off and on as domestics, in the home of Agency employees. Training at the Agency’s effort for transformation from old ways to the domestic life more compatible with the times and conditions on the Reservation. But many of the older generation . . . had tribal practices less than conflict with tradition. The white youngsters on the Reservation found appeal in the words and dialects of the Indian tribes. They prided themselves in mastery of the language and some of the habits of the prominent of the area. Much of the younger Indian’s vocabulary was picked up from their white elders who had found that use of the native tongue in communicating with the older tribal members gave them a sense of dignity and made them more willing to accept pronouncements which were better understood in the native tongue than if delivered in pigeon English or English or Cayuse. Those officials who adopted the superior attitude and refused to recognize tribal customs and (Page 66) language of the distinct culture had difficulty in communication. A standard ‘no savvy’ from those Indians who did not want to accept an order or explanation had some validity when given to them in other than their own tongue. They might consider it ‘swah wahk.’ Not all Indians lived on their allotments of land on the Reservation. Some of them lived at or near the Agency. The houses for employees at the agency were situated in a row along near the flume which supplied water for drinking and domestic purposes. A road was right in back of the houses and was used for delivery of wood and other supplies that were necessary to transport by wagon. Back of the road were out buildings for each house, in most cases these houses were built out over the edge of the canyon or gully which carried the overflow from Biggs Springs. Further back and across the canyon was the millrace which carried water to the water powered sawmill. Quite a few Indian families built slab lean-too’s or constructed tee-pees along the millrace and they depended upon millrace water for domestic use. From time to time the sanitary problem in Slab Town became acute and the Agent would ask all of the Indians to move. They never made an issue of the order and accepted it as temporary expedient. They gradually drifted back to where the Indian woman would be available when a pale-face woman wanted them to do washing or house work.

The ‘all for one and one for all’ atmosphere which had grown up from tribal deer hunts, fishing trips, wocus gathering and duck egg gathering extended into other fields as well and the Indians were glad to share their bounty with the whites and felt that they had a right to expect the same from their Boston brothers. This atmosphere had been to some extent approved in the granting of allotments, furnishing of stock and a general paternal attitude of the whites toward the Indians. The rules which governed the ownership of property found or sheltered by the reservation, regardless of legal ownership gave the Indian every right to expect that any property on the reservation was (Page 67) the property of the person finding it. This led to a system of protecting property rights which mostly consisted of seeing that everything was under lock and key and safely guarded. Back porch clothes hampers were subject to search and seizure by Indian women who were on the prowl for any times they could use.

One prominent matron was sitting at the noon meal when she heard some one on the back porch. Going to the door she found an Indian woman holding up a pair of her very ample bloomers. By way of explanation the Indian said, ‘Indian want plour sack.’ It took considerable explanation and a conventional ‘plour sack’ to convince the Indian that the white things she was holding could be better used for something other than containers for wild plums or wocus seed.

The Indians did little to improve the sanitary conditions at the Slab Town camp during their residence there. In the spring they gathered young geese and goose eggs in the marshes. They finished hatching the eggs by keeping them warm and in the end assembled quite a gaggle of geese. As the wing feathers grew out they would cut them so the geese could not fly away and the half-grown and older geese made quite a mess in their marshes around Slab Town. As they began to wander into Agency property the geese and Indians would be ordered to move. After they left the Agency employees with the help from the boys at school would pile up the remains and debris and burn it.

In the Indian code the orders of one agent or other employees of the Agency became null and void when that agent or employee was removed and a new one came in to take his place. That’s when Slab Town huts were torn down and destroyed by one agent, they were quickly rebuilt when a new authority arrived on the scene. When Washington removed an agent, according to the Indian mind, Washington also reputed all of the agents rules and regulations and general laws he was called upon to enforce.

(Page 68) Ogle said, "Indian Police found it dangerous to arrest offenders of a tribe who, while not actually at war, were very much opposed to policies of the administration or the particular tribe or clan to which the policeman belonged."

One such case which resulted in the death of an abler Indian officer was described by Ida Odell. Ida Momyer Odell was the daughter of H. Momyer, who was the official agency trader, (Page 69 – Photo of Ida Odell on Page 68) during the same time Charles Ogle and O.C. Applegate lived at the agency. She told me "that the Indians had a great deal of respect for the Indian Police engaged in law enforcement." Without doubt agency officials were glad to have this help when the occasion required it. "One such officer," Ida related, "was John Wesley. He had been named probably by some missionary preacher after the Englishman who founded the Methodist Church. John was a deeply religious man. He was also a member of the reservation police force and a crack shot with a rifle. One time the sheriff of the county followed a horse thief, a white man, onto the reservation and it was Federal Territory. In order to legally arrest the man if they caught him he had to call upon the assistance of the reservation police and John Wesley was detailed to accompany him. They overtook the man near the northern end of the reservation, but as he was well mounted they had difficulty in getting near enough to him to place him under arrest. Finally the sheriff told John to shoot the thief’s horse and John protested strongly. ‘Why shoot the horse,’ said he, ‘the horse did not steal.’ However, the sheriff insisted so John shot the horse and they arrested him."

Another enforcement problem was recorded by Mrs. Odell in the case of Jonah. "Jonah had been ‘the bad man’ of the reservation. After repeated misconduct he had left the reservation, distressing and annoying the white families in the Valley. Dave Hill, an Indian of great dignity, respected and liked by whites and Indians, both, was a member of the Indian police force and had been sent out after Jonah. The two Indians met at Barclay Springs, barely off the reservation. This was a favorite camping place for Indians while fishing in the lake. Without warning Jonah drew his gun and killed Dave. Jonah was captured and tried in the Circuit Court, convicted of murder and given a life sentence in the state penitentiary where he died of tuberculosis within a couple of years. The state buried him. Some three weeks after he commenced his peaceful rest in a Salem grave, his relatives obtained permission from the state to bring (Page 70) the body home for interment in their own cemetery. When the coffin arrived, the body was taken out and Jonah was given one of the few baths of his life, dressed, put in a new coffin, drenched with perfume and Florida water, cozily tucked in with silks and then the coffin was sealed. When we reached Jonah’s house the old coffin was setting outdoors among the pines, resting on planks setting on saw-horses. It was draped in more gaudy silks and silk kerchiefs and the scent of perfumes and Florida water permeated the surrounding.

Hundreds of Indians had gathered under the pines and were sitting in a ring surrounding the coffin. Old women were swaying as they sat and chanted the death wail. This is indescribably san and mournful and one heard is never forgotten. Later we heard it many times, as there was always an Indian camp across the little ravine behind the row of Agency houses. Whenever a tribal member died and the squaws of this camp learned of it, they wailed and moaned all night. Often before the Indians would come to the store for supplies we would hear the death wail float across the canyon and be prepared for funeral business. This chant rises and falls, now loud and rebellious in sound, again plaintive with a note of resignation. An Indian noted for his eloquence talked at great length bringing groans and sighs.

Our Indians, and I believe, other tribes did not use the name of the dead in their funeral orations. They believed that every time the name was used after death the spirit of the departed was tied that much longer to earth. Some years ago I went to the funeral of Bill Crawford, Wade’s father. Clayton Kirk, a Carlisle graduate, gave the funeral oration. Never once in the long recital of Billy’s many kindnesses and charities to his fellow tribesmen was his name mentioned, but reference was always made to ‘this man.’"

The provision of a proper funeral was a major commitment for Modoc and Klamath Indians. The strong belief in the return of the spirit or ghost if such funerals were not provided caused (Page 72) much concern for the survivors. Belief in spirits or ghosts may still exist but mention of the name of the deceased is permissible.

The Paiute method of disposal was entirely different according to Peter Skene Ogden. He wrote on May 23, 1926: ‘We saw the corpse of an Indian lying on the plains. The Snake Indians have a mode of burying their dead different from all other natives I know of. Where he falls is where he is allowed to remain without a grave or covering, a feast for the wolves and crows nor is there any ceremony to observe their grief of long duration. How pleasant it must be to part with our friends. Certainly the Snakes have it over us in this respect.’

Ogle explained: ‘It would be difficult for a person accustomed to today’s convenience’s and economy to full appreciate the way of life of both Indians and whites about 1900. That is, it would be difficult unless they had lived in both periods. There was no great variety of canned goods and what there was looked upon as an almost certain source as ptomaine poison unless the contents of the can were removed from the can immediately. Even then there were doubts. There were no refrigerators, no freeze dry, no home facilities for keep meat unless it was smoked. Venison was most often made into jerky after a few choice cuts had been cooked and eaten. The jerky would keep indefinitely and took the place of "all day suckers" which had not yet been invented. Fresh milk was kept in the spring house or the cellars and at best would stay fresh for two days. There was no evaporated milk but we did get Eagle Brand condensed milk on occasion. Fruit was brought into the Agency from Ashland and it took two and one half days to make the trip over Dead Indian Road to Fort Klamath. Needless to say it was only solid fruit such as apples and pears which stood the trip without damage. The constant juggling in an axle wagon would ruin berries on the first day. The fruits at the agency were wild plums, wild coke cherries and wild strawberries. There were some elderberries which were made into jelly. The Indians and some of the white population made the trip to Huckleberry (Page 73) Mountain every fall and brought back great quantities of huckleberries. As prices began to rise and Indian woman began asking $.50 a gallon for those most of the whites ceased canning. An Indian woman would pick 5 gallons of berries in a day and this brought her $2.50 per day. This was as much as most of the skilled help at the Agency received. Of course not all of the Indian women could pick 5 gallons in a day but many of them could. Celia, who did our laundry on occasion, often brought us a 5 pound lard pail full of what is called ipos. We ate them much as we would eat peanuts. I have seen different spellings and pronunciations for this tasty Indian food and most modern authorities call it "apaw." However it is pronounced the flavor is delicious. Celia also brought in a bucket of camas bulbs for variety and we laughed when we bit off too large a portion, as this concluded with the smile, "bit off more than he could chew," originated with the Indians. For a modest bite of camas root will quickly grow in the mouth with proportions too cumbersome to chew. The taste greatly resembles that of water chestnuts but as chewing progresses the volume more than doubles.

Trying to convince the Indians that the whites were trying to show them a better way of life was not easy. The Indians could draw certain parallels between the mode of living of whites and what they had been doing for centuries. The Indians dried wild plums, chokecherries, serviceberries, and huckleberries; they dried fish and made jerky from venison. They domesticated ducks and geese for a winter food source and dug roots and tubers from the ground to be stored for off season use. Wocus seed was dried and made up as a main cereal staple. I’ve eaten parched wocus seed with cream and sugar and while I cannot guarantee the vitamin and iron content, I can say it tastes better than some of the highly touted brands of grain products now on the market. For centuries the Indian had been going where and when nature had prepared the foods for his sustenance, but when another tribe or whites sought to deny him the (Page74) right to seek food in one or another of natures storehouses he fought to preserve them. It was hard for him to comprehend that the government had restricted his rights to the point that it was unnecessary for him to depend upon his own labor to provide what nature had so generously given him in the past. To further complicate matters the Klamath Indian Reservation was not one which could be readily converted to an agricultural economy. The variety of products which could be grown at over 4000 foot elevation was limited. This area had been preserved for the Indians because of its welcome natural food and not to convert it to another economy. Plenty of wild hay was available for cutting and for pasture but the planting and harvest of grain aid supplemented took Indians away from harvest of natural foods, which came on at the same time. The natural foods generally won out. The Indian farmer saved some of the hay crops by using Indian school boys who had been denied the privilege of accompanying elders to the Huckleberry patch, but most of them were lost due to neglect."

Ogle: "All in all adoption of white customs, foods, and living conditions by the Indians was more on the basis of, ‘in addition to’ rather than ‘in place of.’ Indian tee-pees were common place besides more sophisticated houses and the smoke from an outdoor cooking fire often mingled with that of an indoor stove. Doors and windows were optional and it was not uncommon to see doors taken off and blankets substituted. This allowed for a freer flow of family members and domestic animals who apparently demanded equal rights. Indians accustomed to tribal living and primitive living conditions were not prone to furnish quarters for domestic animals. They were great lovers of dogs and horses but expected them to fend for themselves as they had for centuries. Some of them kept chickens or at least tolerated them and the hazards they encountered prevented them from being tolerated for too long. They roosted in brush and trees and were subject to attack by owls, hawks, weasels, and skunks. The dogs, and there were many, were too busy (Page 75) trying to chew a living out of the cast off deer heads, feet and entrails to pay any attention to predators. Having to share their meager fair with the chickens probably did not heighten their sense of responsibility for their fellow domestics safety. Observers during the early days of conversion to domesticity would probably see a house without doors or windows. Barnyard animals would be all over the place without any barn or barnyard. The most outstanding features on the animals would likely be the prominent heads and long shaggy hair.

In many cases Indians wore several layers of Boston, white man’s clothing, over traditional Indian wear. Much of the every day surplus clothing issue was of military uniforms and it was not unusual to see an Indian with long braided hair wearing a somewhat dilapidated, but still serviceable, coat from a dress blues uniform. The remains of several layers of other clothing was sometimes plainly visible under the unbuttoned military garb. Young Indians attending school were under threat of losing cash allotments, land and clothing unless they accepted the white man’s rules.

The result was an inevitable period of backsliding within a short time after completing the course in white man’s culture. Indians from mixed white and Indian parents had an example on one side of the value in adoption of white mans customs, but some instances nearly indicated that the old ways were better. Whites who married Indian women in order to take advantage of the allotments of land which might be available to the wives and offspring of such a union were not generally of the higher types in the white population. They were inclined for the most part to go native rather than assume the roll of instructor and helper to the tribe of their Indian wives.

Trying to substitute a paternalistic attitude on the part of Agency employees with a bounty so generously bestowed by nature had its drawbacks and required a certain amount of effort which seemed to the Indian man would be impossible or unnecessary. On the other hand the bounty which had been (Page 77 – Page 76 has ‘The Spring is Tsu’am’ written by Jim Rodgers – see end of excerpts.) prepared by nature and probably would be for centuries to come was readily at hand for the taking. One of the principal staples in the Indian diet was fish. All of the lakes and streams in the Klamath Basin teemed with several varieties. Those found in greatest numbers and most easily caught were the suckers and mullet. When they arrived in the spring, Indians encamped along water ways where they were spawning and caught and dried enough for the ensuing year. Some suckers were available in streams and lakes on the Reservation, but the easiest caught were off the Reservation and it was necessary for Indians to get a pass to leave Reservation boundaries. One of the best fishing streams was Lost River where the mullet were land locked and easily landed."

In reading the history of the Klamath Indian Reservation we find that the philosophy
of agents who were put in charge of the Reservation from time to time varied according to the background of the individual. Agents who were church men or (Page 79 – Page 78 Photo of five of the original treaty signers.) missionaries tended to be compassionate and understanding of Indian reluctance to change. This attitude and the troubles which sprung there from generally resulted in his removal by government which demanded a sterner attitude. He was then replaced with an agent with a much firmer approach to domestication of the Indian. After a short period of such pressure it was customary for the Indians to send a delegation to Washington in protest. It was not only good for the pendulum to swing to the more passive attitude as a result and a new agent with new ideas would take the helm. This hot and cold attitude did little to assure a progressive program and the Indians took full advantage of playing Washington D.C. against the local administration. Not all Indians are agreed on the diplomatic approach and this kept residents of the Agency on edge for fear that some of those who advocated direct action might run amuck and do them bodily harm. In my own experience I saw the change from the benign administration of O.C. Applegate to the more exacting one of Horace G. Wilson. The Captain went about his duties with a smile on his face and wished to be all things to all people. He met and talked to Indians in their own tongue which avoided the danger of some of the meetings being lost in interpretation. He would champion the cause of any Indian at the expense of a white. Wilson, on the other hand, was uncompromising and hard in his approach to disciplinary problems and carried a loaded revolver at all times. His attitude was calculated to cause trouble and frequently did. Problems which might have resulted in a serious confrontation between Wilson and the Indians were avoided when Washington awarded Wilson for his stern approach by giving him an important Interior Department post with offices in Roseburg.

Most of the Indian boys on the Reservation were natural athletes but they resisted any systematic training regimen. The result was a lack of consistency on the portions of individuals or teams. Some developed into fine athletes and played baseball and basketball with marked success. One Indian baseball team (Page 80) with such outstanding ball players as Al Lynch, pitcher; Leonard John, Jim Wilson, Edwin Wilson and other members of their class could always be depended upon to beat the all white team of Klamath Falls. Lynch was a left handed pitcher and played barehanded. It was worth going to a ball game to see him reach out with his bare right hand and catch a line drive toward the pitchers box.

Young Indian men were natural horsemen and made spectacular rides in rodeos. They trained Indian ponies to run and in the less sophisticated races for saddle horses were regular saddles and equipment. They had considerable success. Unfortunately, their loyalty to their blood led them to make mistakes in judgment and would bet heavily on horses or riders through a sense of duty. Taking advantage of this, some white (Page 81) man often ran in a ringer in order to clean up on the unsuspecting natives.

Some Indian boys were good runners and their fond parents would back them to the limit of their finances at Klamath County Fairs and 4th of July celebrations. A man by the name of Jessie Cravens was one of the best foot racers in the Klamath area and after he had beaten all comers for several years, and not only won the stake money but many side bets, it was hard to get anyone to run against him. One year the famed Jessie, apparently tired of running against such poor competition, failed to show up and the Indians were jubilant. Different factions bet heavily on their favorites to win. Just before staring time deadline an old fella with a long gray beard asked if he could run. He was told he could if he put up the money which he did. Everyone laughed at the drunken clown and considered his entry a big joke till he went to the starting line and dropped his blue denims displaying running trunks and took a pair of spiked shoes from his pockets. As he pulled into the final few yards looking over his shoulder at the present competition the mother of one of the local favorites cried out, ‘I know you now, damn you, Jessie Cravens, hiding behind those whiskers.’

At this point in time it would be hard to say whether religious training helped outstanding Indian characters on the Reservation to become prominent and respected members of the tribe, or whether being of superior intellect and of high moral character they naturally drifted into church work. Be that as it may most of the leaders among the Indians had embraced Christianity. Jessie Kirk and Jack Palmer were ministers and also leaders who had considerable influence with both Indians and whites. It was natural that the rank and file of Indians on the Reservation, being used to the demonstrative incantations of Indian rituals, should prefer the religious ceremonies most closely resembling traditional Rollers. As a result, there was a time during the transition from native rites to Christianity when the Holy Rollers had quite a following. Despite that several of the (Page 82) Indian agents were missionaries probably had little to do with the Indians embracing Christianity. An agent was supposed to regiment the domestic activities in what amounted to captives did not get much co-operation when he asked them to voluntarily give up another established Indian custom and voluntarily commit their souls to foreign god.

The history which deals with the leader on the Klamath Reservation would indicate that the shaman lost out to the new religion because some of the more intelligent members of the tribe could see the personal advantage of being leaders in this new field. However, it must be admitted that ministers who were not administrators provided a more neutral atmosphere where natives could calmly evaluate the respective merits of the old and new gods.

One such minister was a man by the name of Beatty. The town of Beatty was named for him. Beatty had two grown daughters and during the spring and summer months the family spent much time at Spring Creek fishing. Each season he built a smoke house out of wooden barrels which were connected to a small fire by stove pipe. The Beatty’s would smoke several hundred pound of trout in this equipment and have plenty of fish for winter use. I well remember going to Spring Creek fishing with my father and taking time out to watch the operation of Beatty’s smoker. It is hard to say which I enjoyed most, samples of delicious smoked trout or the sight of those trout lying on the bottom of Spring Creek under 10 or 15 feet of water. Also of interest were the hoards of mares eggs on the bottoms of this ice cold stream.

As one time, Captain O.C. Applegate received a letter from Joaquin Miller, Poet of the Sierras, that he would be coming to the Agency and would recite some of this poetry to an assembled group if the Captain could arrange it. Wood was gathered for a big campfire in the grove of trees between the agents house and the big spring and everyone was notified by word of mouth when the event would take place.

(Page 83) Miller arrived at the appointed time and after dinner that night everyone at the Agency gathered in the grove where the bonfire had been prepared. Captain Applegate was in his glory and took an unusually long time to introduce the distinguished guest. At last the stage was set and the Poet of the Sierras got ready to recite. Hardly a verse had been delivered when there was a blood curdling yell and Indian Polly rode her horse through (Page 84) the group of assembled whites and jumped her horse over the bonfire. By the time she had turned the horse for another run there was not a man, woman or child to be seen. In a surprisingly short time all were in their own homes behind locked doors or were hiding in some friends home closer to the scene of the Indian attack than their own.

Indians loved to work, hunt or play cooperatively in groups but they could also exert cruel peer pressure to achieve cooperation as in the case of John Smiley. Ida Odell said:

"One Indian who also always wore a smile was ‘Old John

Smiley’, but John’s smile was a fixed facial disfigurement.

He was a quiet, taciturn little man who did not join in the

merry groups, always hovering around the big stove in the

center of the store. Always with that frozen grin on his face

he would make his purchases and go his way. One after-

noon when he had been here and gone Billy Crawford told

me that during the Modoc war John, who must have been

a Modoc, was in the cave with the other warriors and was

arguing against the war. A fire was burning against the rock

wall of captain Jacks cave and John’s bare back was exposed

to this fire. The angry Indians were prodding him in front

nearer and nearer to the fire with pointed sticks. When he

finally agreed to go along with them he had been severely

burned and Billy said Smiley’s back was a mass of scars.

This probably had nothing to do with his facial contortion."

One wonders how many stories such as this have never been told."

"The writer had the rare opportunity of getting an Indian view of life on the reservation through the kindness of Linda Jiminez Schonchin who arranged an interview with her mother Ima Lotches Jiminez; among her observations: "No one was ever (Page 85 – Page 85 Photo of Ima Lotches Jiminez and Linda Jiminez Schonchin) allowed to go hungry as all would share any food that was available."

"In a culture that had no written language, one method of preserving the way of life was described by Mrs. Jiminez who said that children would be called into the winter house where food had been prepared on the fire in the center of the dwelling. As the children were eating the women would tell them stories. The grandmother was also a key person in teaching morality and discipline. Those who were acquainted with the old Indian ladies without exception described them as lovable and delightful companions. One friend said the main problems of law and order were because of the diminishing role of the grandmother. Ima had no complaint about the role of women in the family relationship. She said women would take the dugout canoes out from the mouth of the Williamson River then cross the Klamath Lake and trade baskets for sugar and coffee from the tourist center at Harriman Lodge. Jack Linman said the Indian ladies were also active in trading fish for tobacco with the boat crewmen at the Williamson River mouth. He said the women were quite dignified and not intimidated.

"Nelson Reed wrote the story of an encounter his father had with an Indian lady which illustrates her independent nature:

"The Redstone Pipe That Got Away,

A True Fish Story"

"Back in the summer of 1911 when there was an Indian fishing

village at the mouth of Williamson River, and you could smell

the rack of drying fish a mile down wind, my father, my brother

and I were trolling for those five or six pound rainbows that were

more than plentiful those days and hoping for a fifteen or

twenty pound Goliath which was not uncommon.

"We had come out west from Pittsburgh, Pennsylvania for a

summer vacation and had been spending the past month at Eagle

Ridge Tavern on Upper Klamath Lake, boating, fishing and

hunting digger squirrels with a twenty two and killing an

occasional rattlesnake. This was to be our last fishing trip on

the Williamson before going back home to school.

"As we rowed slowly up the river trolling the old reliable ‘wilson

wobbler,’ we passed close by an old Indian squaw paddling a

dugout canoe; the stout handline held in her upper paddle hand

while she smoked a pipe. My father who collected Indian

curiosities, immediately noticed that her pipe was made of

redstone, most unusual for this part of the country.

"’Reel in, turn around and row alongside that old squaw,’ my

dad directed me. So I pulled slowly alongside of her while my

father began to bargain with her for that redstone pipe. At

first the old gal said nothing and we thought that she didn’t

speak English. ‘Never underestimate a silent Indian’ we

discovered.

"My dad told her he would like to trade her the coat and pants

he had on for her pipe. That we were leaving the country

next day and that if she would paddle over to Eagle Ridge

Tavern, he would give her his pants and coat for the redstone

pipe. She looked his pants and coat over disdainfully and let

him have it. ‘WHITE MAN KLAMATH FALLS THROW

AWAY,’ she said in no uncertain voice.

"For several years thereafter whenever my mother would

suggest that fathers suit was getting a bit shabby and that he

should visit his tailor, all of us kids would pipe up, ‘WHITE

MAN KLAMATH FALLS THROW AWAY.’"

"Ima Jiminez said that herbs were used for medicine. She remembers that the leaves of mullen were made into a tea while the roots were good for toothache. A man named Knight who (Page 88) lived by the Williamson River told the writer that he was in the Agency hospital very sick and getting no better when two Indian women smuggled in some Indian medicine. He kept it hidden while taking it without letting hospital personnel know. He said he credits it with saving his life although he did not know its contents.

"Mrs. Jiminez knew about some of the legends which concerned animals and geographical places but she was such a devout Christian that she was more interested in telling me about Biblical stories than witchcraft.

"Ogle wrote:

"In general conditions on the reservation were not unlike present

day difficulties and their causes which are plaguing authorities

all over the United States today. One difference, however, all young

Indians were required to attend boarding school. Miss Ann Egan,

Who was in charge of the school, was a strict disciplinarian. Some

infractions brought pretty serious penalties. Some girls attended

school with shaven heads as an example for others to reflect upon

before they were tempted to break the rules. I often watched boys

in their teens, dressed in girl’s clothing and carrying a stick of cord

wood on their shoulders. Sometimes this would go on for eight

hours without food or rest. Many at the Agency marveled at Miss

Egan’s ability to be so strict and at the same time be so gracious

and charming under different circumstances."

"When I interviewed Mrs. Ima Lotches Jiminez, the impression she gave me was quite different. She said that going to school as a girl was a very pleasant experience. Another lady, Mrs. O.T. Anderson formerly of Beatty, was an example of good education. She was dignified, very articulate and showed great concern for the future of her offspring and friends.

(Page 89) "On many occasions young Indians reflected the rebellious

attitude of their elders which made strict supervision at the Indian

school imperative. No Indian boy or girl was allowed outside the

school enclosure during the week. On Saturday Indian boys were

free to go home with their parents or to roam the area around the

Agency. Bows and arrows were forbidden but many were

manufactured from juniper for bows and willow for the arrows.

Before returning to the school confines on Saturday evening the

primitive weapons were hidden in lumber piles where they could

be retrieved on the following weekend.

"White boys at the Agency, realizing that bows and arrows were

forbidden, used this as an excuse for stealing the best examples

of Indian bow making art. I know of no actual scalping in

retaliation for such thievery but at least one miscreant suffered

indignities which were perhaps less painful but no less humiliating.

He was caught picking strawberries in the open area across from

the agents house where the administration building was built

in later years. He did not have the bow with him but some boys

from the school had seen him take it or had been informed that he

had. After being tried by the Indian council of six boys for theft

of the bow he was spread-eagled and his clothing removed. The

Indian boys them took turns holding the young artifacts collector

while the others covered his naked body with spittle to express

contempt of the white mans honor.

"The attitude of reservation Indians toward white domination in

the late 1800’s and early 1900’s was probably little different

then it had been early in the eighteenth century but the demonstrations

against (Page 90 – Photo of White Cindy) authority were more

restrained. To one who, like myself, was born on the reservation,

the little uprisings and resistance to authority were taken as a matter

of course. But to the adults who often felt that they were sitting

on a powder keg several things were uppermost in their minds. First

was the very limited authority they had to subdue any show of

force by reservation Indians; second, the lack of any practical means

of overcoming (Page 91) an Indian outbreak of (if) one should occur

and third the fact that they were outnumbered 100 to 1.

"I can well remember times when an unruly group of Indians were

rounded up and jailed. The admixture of tribes and clans on the

reservation added to difficulties faced by authorities. If the arresting

authority happened to be one of one tribe and the incarcerated Indians

of another the situation generally developed into what might have

been the basis for bloodshed. All white males employed by the

Agency either wore their guns at such times or at least kept them

handy. When the miscreants came to trial there were many tense

moments. More often than not many of the members of a clan from

which the prisoner came, gathered at the courthouse in an effort to

intimidate officials if not to foment actual resistance to the white

man’s law. While such occasions often caused anxiety for loved

ones, locked doors and dire predictions as to the outcome, they were

generally settled without bloodshed. Later a little red blood mixed

with a lot of alcohol might result in resurrection of fancied wrongs

and resumption of inner tribal disputes. After the liquor bottle had

been emptied of its potable contents it often served as an effective

weapon of vengeance."

"Reservation life was certainly more protected and pleasant for the inhabitants than in the previous primitive and dangerous days. Regardless of the stated purposes of the Federal Government it resulted in fostering greater and greater dependence rather than in adapting the federal wards to living as an independent people in a twentieth century society. Indian service personnel were trying to get along without enforcing federal regulations rather than disrupting the harmony of their way of life or making waves in the bureaucratic ocean."

 

Chapter V

"The Termination"

(This chapter is word for word as published)

(Page 93) The year is 1936. I have returned to the Klamath Country with a brand new bachelor degree from the University of Oregon. In order to serve better as principal of the Henley High School I have joined the Henley Grange and can become acquainted with the patrons of this rural district. A Pomona Grange is made up of all the members of this fraternal group who reside in a given county. This meeting is a solemn occasion for it involves the installation of all Pomona Grange affairs. The man who conducts this ritual has memorized every word of the ceremony and conducts the meeting with great dignity. He is a Klamath Indian, Seldon Kirk. He is also chairman of the Tribal Council of the tribe. I marvel at his memory but do not know that our paths will cross again some years later in a cooperative relationship. Seldon Kirk was the son of Jesse Kirk, a Christian minister and a leading tribal member. He had named his son Seldon after Seldon Ogle. Both were boys together at the Applegate Ranch in Swan Lake Valley. Jesse Kirk Sr., like his son also had a remarkable memory. Van Landrum, an engineer and surveyor, said that the senior Kirk had memorized nearly all the numbers on certain section corners which related to reservation properties. Could it be that being a member of a culture that had no written language placed such a responsibility on its (Page 94 – Caption with photo: Seldon Kirk, named after Seldon Ogle, the agency farmer, was for many years chairman of the Tribal Executive Committee. He was opposed to federal termination and greatly grieved by the decision of the members to leave the organization. A man of great intelligence and dignity. Idella Edgar said he was a(l)ways courteous and cooperative in carrying out the duties of his office.) people that a remarkable memory was required or did the Kirks have such keen intelligence that the memory came with it?

The year is 1948. I have again returned to the Klamath Country as Superintendent of the County School system after working in the Oregon State Department of Education. I am determined and a little starry-eyed about improving the quality of education for the Klamath tribal members, having worked with Indian youngsters in public school and having been convinced in anthropology and psychology classes that Indians were no different in potential than European races. One of my objectives was to bring Indian scholarship and achievement to a level with other students in one generation.

Knowing of the advantages and opportunities available on the reservation for tribal members, a program was immediately (Pave 95) formulated to encourage them to utilize available resources. Tom Blackman, Oregon State University’s top agriculture graduate was hired to teach at Bonanza. Charles Steber a skilled Industrial Arts teacher from Stout Institute, was hired to teach at Chiloquin. Stanley Severuk and his wife were to offer a special program in manual arts and homemaking at the school at Sprague River. (Tools and equipment was supplied by Harvey Wright from Federal funds.) Joe Mercer, just out of the Merchant Marines, was hired as principal of the Chiloquin High School in order to improve the attendance and discipline in the school.

It should be noted here that school officials had been criticized by Federal officials and local residents for failure to get more Indian youngsters to achieve high school diplomas. I was one who joined in this criticism as I had become intensely interested in the prehistoric culture of these people as well as in their progress. My incentive was increased as a result of the friendship and stimulation of Harvey Wright who was head of Oregon State Indian Education as well as head of the Governors Committee on Indian Affairs.

Chiloquin residents and Indian leaders, June Poitras and Frank Parker were both helpful in creating a better education climate and results. Wright came down to talk at public meetings and with Indian leaders. Our degree of success, perhaps some improvement, but in my own evaluation unsatisfactory,

I talked with Seldon Kirk about these problems at different times and with other Indians who were school committee members. Seldon really believed in ‘strong law.’ He said when he was a boy that Indian police rounded up truants with a horse and drove them to school with whips. No – Seldon’s recommendation was not tried to enforce attendance. At Harvey Wright’s suggestion and with his finance, two Indians were deputized as sheriffs and employed as special attendance officers. These men may have helped attendance but did not provide incentive.

(Page 96) Tom Blackman said he could not get the Sprague River boys to grow livestock. Their answer – why should I grow livestock. I don’t need the money. Blackman resigned and entered private farm machinery design.

Some Indian parents had difficulty in enforcing family discipline with teenagers who had an independent source of income. In a 1954 report by the state school superintendent records ‘indicate a steady improvement in the first six grades of elementary schools.’ At Chiloquin absenteeism improved form an average of 30 days to 21 days; still a miserable record.

In age groupings in the upper grades and high school conditions on the Reservation are deteriorating. School authorities are alarmed at the increasing absenteeism, drop outs and delinquency of these young people. There were only nine Indian graduates from the three high schools on the Reservation in 1956 and this was the largest graduating class in recent years. According to the state superintendent, ‘Retarded school progress and school drop-outs are the natural results of erratic attendance. The apathy of the family, poor family habits, the don’t care attitude, the great dislike of routine and revolt against taking orders . . . are positive deterrents that prevent Indian students progress. It is quite noticeable that the need for an education for their children is not realized by the family.’

Among the causes for poor attendance – if a carnival came to town or circus, attendance fell off. Hunting and fishing season for Indians, all year. Reservation agency superintendents were sympathetic but so beset with their own problems that they had little interest in school. In general the Indian Service was more interested in trying to get along with the Klamaths than in bringing them into control with the ‘strong law’ that Allen David had requested.

On one occasion when I visited the Reservation headquarters a notice was mounted on the bulletin board pleading for the tribal members to keep their liquor bottles out of sight because Federal agents occasionally visited the Reservation. This was at (Page 97) a time when it was illegal for an Indian to have alcoholic liquor; also, obsolete marriage laws were ignored.

These people who were intelligent and independent soon learned after Federal control was established to work the system and become experts at handling the Federal agents to their own advantage. One agent who brought strong law and enforced the rules and laws was Raymond Bitney. It was not long before the Indians, the merchants, vendors, and many employees were glad to get rid of this advocate of ‘strong law.’ He was removed to another Reservation at Neah Bay. It was not before he had been helpful in getting a matching appropriation for construction of school building to house those living on non-taxable property. (Authors note: No Indian tribal funds were ever used for the construction of school buildings.)

It was during this period of vacillating policy by the U.S. Indian Service that many tribal members wanted out from under Federal control and while Congress made all Indians citizens in 1924, there were many impediments to a normal way of life. A friend of mine, one-fourth Indian and a tribal member who was a graduate of the University of Oregon and employed by a bank, was required to get written permission from the agency in order to sell the products of his own farm. There were cases where creditors of the Indians were told by the authorities, ‘Don’t you know better than to do business with an Indian?’ Such as attitude, of course, had a detrimental effect upon the credit rating of all Indians. By 1954 few of them could borrow money for business investment.

Probably the most devastating influence on American Indian culture anywhere was the effect of alcohol. I, for some years, refused to admit that it affected Indians any differently than anyone else even though I was told by my Indian friends that it affected them differently. I finally came to admit that after a discussion with an Indian grandmother who worked with rehabilitating alcoholic Indians. She said there was a genetic factor that caused them to ‘black out.’ This is to become unconscious (Page 98) of their own acts and while in this state commit criminal acts that they were unaware of after recovering. Crime and alcohol have gone together in white communities but the effect is magnified in Indian relationships, affecting people who have no criminal tendencies or intentions. Crime against fellow family members are too common. Captain Oliver Applegate wrote a poem about an imaginary Indian named ‘Kello’ many years ago. It relates:

"Then when the meal of the morning was o’er, The trapper went forth,

with Kello before; For hours toiled on through pumice and sand till

they came to the border of Oux-ka-nee land; (Klamath marsh land) And

there; ‘mid the pines on an evergreen hill, They looked on a plain,

where a silvery rill Went glancing in sunshine till lost in the cane. An

the trapper well knew the landscape again.

"Now Kello, my friend, said the happy paleface, My tum-tum

(Chinook for heart) is Klose (Chinook for good) toward your

hospitable race; and before we depart – now, let me think – I guess

we’ll together take a jolly old drink. So saying, he lifted a flask from

his side, And down his throat glided a liquid tide. Now, Kello, you

drink, ‘twill do you no harm, make bolder your heart, make stronger

your arm; Take with you the flask, for I can get more, And give to

your braves down on the lake shore. Good-bye, said the stranger,

now soon lost to view in an emerald forest of cedar and yew.

"Now, Kello thought proudly, while retracting his way, But for me

the pale brother would not be live today; I’ve saved the white man;

he would no evil do To one who has proven so loyal and true. And

as he came down toward the green bordered shore, He drank of the

(Page 99) liquid, drank o’er and o’er, Till at last as the shades of

evening came.

"His wild heart was lit with a murderous flame, As he hastened with

faltering steps to the place Where Loena awaited his kiss and

embrace, Came, like a lion torn loose from its cage, His black eyes

aglow like fire in his rage, Like a panther that springs on the quivering

game, With body acurve and eyes all aflame. As Loena rose up in

the firelight’s glow, Craze, the great chieftain thought her a foe. And,

seizing an arrow, with consummate art, Buried it deep in Loena’s

heart.

"Then, falling himself, he rose not again Till the sunlight was

shining again on the plain, And, through the cane, with a sickening

glare, On the bright blood marks on Loena’s hair.

"No tongue can tell what a whirlwind of pain Wrung the chief’s

heart as he saw her again. To the lake he sprang wildly, the water

closed o’er And Kello, the chieftain, was never seen more. ‘Tis

said that at night when the waves are high On the breeze is heard

a shrill plaintive cry, And the waves come rippling and murmuring

low, Where Loena was burned in the lodge of Kello."

As strange as it seems another event which had a profound effect upon the tribal members was the completion, in the year 1910, of the railroad to Klamath Falls. It pushed on north to a place called Kirk on the reservation. From here the pine timber could be harvested and shipped to market throughout the west. It gave value to a product that previously was not marketable. It also gave tribal members an income distributed through per capita payments that enable the recipients enough to live on without the necessity of searching for the products of nature or holding a steady job. Such a condition allowed them to live in (Page 100) idleness and lose contact with the economic system. Participation required no education or responsibility.

It should not be assumed that all tribal members were idle. Some were remarkably successful in work and business. Idleness was sufficiently widespread that two of the very responsible Indians saw the combined effects of idleness plus alcohol. H.C. Robbins and Sylvan Crume proposed that a portion of the per capital payments should be matched by earned income before payment was made.

The combination of resentment, idleness, and alcohol created a condition on the Klamath Reservation that Federal supervision could not or did not cope with. Seldon Kirk and some other Indian leaders were grieved by this but were unable to exert the controls necessary. Many wanted the Federal strings untied from their lives but were afraid for their future if this occurred. My experience dealing with Federal officials assured me that they taught their wards to fear what the white man would do if Federal protection was removed. Like any good American bureaucracy they were conscious of job protection.

By the year 1950, a large number of Klamath tribe members had moved from the Reservation. They, along with a faction of residents, wanted to be free from government supervision, 705 tribal members lived off of the Reservation.

Their reasons varied. Among them: control of their assets and the increase in births of tribal members diluted the per capita income – and criticism of tribal bodies; such as the loan board and tribal executive committee were among the reasons for dissatisfaction. In 1954, 1163 out of a total of 2,086 were under 21 years of age.

As a local official I attended hearings on the reservation. About the only local public official who actively opposed the termination process was Altha Urquart, head of the county welfare office. She said that it would only be a short time after the per capita payments were discontinued and the Indians had spent funds received from sale of tribal assets that they would (Page 101) be on the welfare rolls. Tribal chairman Seldon Kirk consistently opposed the process and acted very grieved by it but was consistently cooperative in his demeanor.

Surprisingly as it seems there was no inter-tribal conflict between Paiutes, Modocs and Klamaths according to Dibbon Cook, Secretary of the tribe. There was little interest in the tribal affairs among many. They had difficulty in getting enough to attend for a quorum. The meetings were often long and boring, sometimes in three languages. Words were many, actions were few. The leadership involved two, sometimes three factions; one group wanted termination of the reservation and withdrawal of Federal supervision. Files of the Committee on Interior and Insular Affairs of the House of Representatives reveal that representatives of the Klamath Tribe have journeyed to Washington, D.C. periodically since 1916 to see the lifting of Federal restrictions on the Klamaths and their property,

In one such effort hearings were held by the House Committee in Klamath Falls in Sept. 1947. A house report provided that all restrictions on property and money belonging to the Indians of the Klamath Reservation be removed and all collective or tribal property liquidated and distributed to individuals, and that complete citizenship be conferred on these Indians.

Continued efforts by tribal members and local officials probably resulted in passage of House Concurrent resolution 108, August 1, 1953, which declared it to be the policy of Congress, as rapidly as possible to make Indian subject to the same laws and entitled to the same privileges and responsibilities as are applicable to other citizens of the United States.

The report of the superintendent of public instruction reported:

"Extensive hearing and negotiations were held in connection with

the proposed Klamath termination bills. Two representatives of the

tribal executive committee, as well as a representative of a

significant number of Indians desiring to withdraw completely

(Page 102) from the tribe, were present in Washington when the

Klamath bill was passed.

"The bills originally drafted provided for retention by the tribe of

experts to assist them in working out a plan for management of

tribal property, which was to be turned over to the tribe three years

after the effective date of the act.

"As finally passed, Public Law 587 provided for management

specialists, appointed by the Secretary of the Interior, to work out an

appraisal of the reservation and give members of the tribe the

election to remain in some form of tribal entity to be worked out

later, or withdraw and have their interests in the tribal assets (Page

103) converted into cash and paid to him. A termination period

of four years was established in the final bill. After lengthy

consultation with members of Congress, all tribal representatives

in Washington agreed to the terms of the bill as finally passed,

"Consent of the Executive Committee delegates was facilitated

through inclusion in the bill of provisions for a $250 payment to

each enrolled Klamath member from the Klamath Capital Reserve

Fund, plus verbal promises that the bill as passed could be easily

amended. All significant elements of the tribe agree that removal

of Federal supervision is necessary. The frequent bitter disputes

within the tribe are usually over the best means of accomplishing

termination."

It should be noted here that the Klamath General Council involved all enrolled members of the tribe (over 1300 people) over 21 years of age or if married 18 years of age. Probably due to the difficulty of getting a quorum of 100 voters the General Council in 1952 delegated broad powers to a committee of eight elected members and the president and secretary of the General Council.

At the most recent election, June 28, 1956, were to have been installed November 30, 1956, at the regular fall meeting of the Klamath General Council. However, a quorum failed to appear. The newly elected officers were: President, Seldon Kirk; Vice-President, Jesse L. Kirk; Secretary, Dibbon Cook; Treasurer, Boyd Jackson; Sergeant at Arms, Isom Mitchell. Executive Committee, in addition to the president and secretary of the General Council: Jesse L. Kirk, Delford Lang, Elnathan Davis, Dice Crane, Boyd Jackson, Wade Crawford, Ida Crawford, and Ted Crume.

Section 26 of the termination act gave the Secretary of Interior authority to enter into contracts to cover a wide range of programs to help the members of the tribe. Secretary McKay made such a contract with the Superintendent of Public Instruction, (Page 104) Rex Putnam. Putnam, in turn appointed Harvey Wright his long term assistant to carry out the program.

Wright had achieved a distinguished military career in combat and in addition, served as military administrator of a large city in Germany following World War II. He was brought into the State Department of Education performing several duties. As supervisor of Indian Education he immediately fought discriminatory marriage laws and segregated Indian school. He became dedicated to improving Indian economic and social status even adopting an Indian orphan boy. His charges did not always like his ‘strong law’ approach but never doubted his sincere desire to improve their lot.

In discharging his duties under the termination act, Wright wrote on December 31, 1956:

"Perhaps the State of Oregon should take a look at this controversial

legislation. To begin with, it would be well to find out what a

Klamath Indian is, and how and where he lives. Much of the

Klamath story is shrouded in mystery, half truths, double talk,

innuendo, and what one wants to believe. An endeavor has been

made to picture these people as children of nature, living on their

ancestral homeland where they preserve and treasure the culture

of their forefathers. Nothing could be farther from the truth. A

little research will remove the myths surrounding the Indian

people and give a true perspective of the problems they are facing.

"In the first place, there is no reservation for the Klamath Indians –

the Klamath Reservation was established for the Klamath, Modoc,

and Yahooskin Indians. In the second place, one has to stretch his

imagination considerable to call these descendants of the original

reservation ‘Indians’ when there are now only 351 full-blood

Indians, and 1,222 persons with one-half degree of Indian blood

or less. Just why is a man who (Page 105) is seven-eights Swede

and one-eighth Indian legally labeled an Indian? Another

amazing revelation is the fact that in 75.8% of the marriages in

480 families, the spouse is non-Klamath, and in only 24.2% of the

families are both husband and wife Klamath members.

"The very fact that one-third of the Klamaths live away from the

reservation and that the Indian blood is fat thinning out through

intermarriage, throws much different light on the Termination

Program. The Indian culture has almost disappeared.

"The following breakdown of census figures is revealing:

21 years of age and under 1,163

21 – 25 years of age 765

55 years of age and older only 158

living on the reservation 1,381

living in Klamath Falls 153

living in Malin 11

living off the reservation and out of

Klamath County 521

Serving in armed forces 20

"Only 158 were 55 years or older census figures clearly reveal." Wright wrote, "The program of termination must be geared to the younger generation. This concentration of tribal members in the younger age group is caused primarily by marriages outside the tribe. About three-fourths of those Klamaths who are married are married to non-Klamaths including some Indians from other tribes."

During nearly all hearings on the termination question was the need for education. Tribal members repeatedly said, ‘give us an education.’ Wright’s major problem was you cannot give an education, nor can you buy an education. It involves first (Page 106) desire for learning, second, enough dedication and self-discipline to go through the difficult and sometimes grinding process.

On March 10, 1955 a contract was signed by the State Department of Education and the Assistant Secretary of Interior to carry out the program. It involved Wright and some personnel in Salem and a local office at Chiloquin. The conditions of the contract involved two major commitments: one, to conduct an informational program for all tribal members so that they fully understood all developments and objectives of the Termination Program. In this aspect of the work a publication called the Klamath Tribune was published and circulated free to all tribal members.

In addition, in June 1956 Wayne Blair, an attorney, operated out of the Salem office as legal coordinator. This position was especially set up to meet the needs created when the informational service was undertaken in June, 1956. Blair was a young Willamette University Law School graduate who was, as the time of his appointment, clerk for an Oregon State Supreme Court justice. Working directly under Wright, Blair was responsible for securing legal information and interpretations relating to Public Law 587, channeling all legal information to the staff for dissemination, securing and providing information on state laws to the Chiloquin staff, answering specific legal questions received from the staff, coordinating legal information with the Bureau of Indian Affairs, and coordinating activities with state agencies. Blair worked with the program as Legal Coordinator until May of 1957 when the information program was modified and staff reduced. He was retained for two months operating out of the Chiloquin office, working on a behind-the-scenes, part time, consultative basis directly with the local staff.

On June 1, 1956, this department undertook the responsibility of conducting a program to inform the people of the implications of Public Law 587. It has endeavored to obtain every legal aspect of the Termination Act as it would affect the Klamath People and inform them of their rights and responsibilities (Page 107) as termination progresses. Department representatives have been visiting Indian homes, conducting small group meetings with them and publishing a monthly newspaper to inform them of what is happening. Representatives of this office have personally contacted well over 250 Klamath adults regarding some phase of Public Law 587. Questions about the law have been answered and information gathered from the people, such as their attitude toward the law, and whether they intend to withdraw from or remain in the tribe.

A second extensive and much more difficult program was designed to enable "tribal members" to manage their own affairs. In order to be eligible the Indian should be in need of further education to accomplish this objective. They need not be Oregon residents but must participate in the state of Oregon. An extensive program of grants was established for all types of post high school education.

As for age requirements, it was decided that only individuals who were 18 years of age or older would be eligible, although (Page 108) tribal members under the age of 18 who had completed high school would also be eligible. This policy was in conformity with the state law which made public school attendance compulsory until the child became 18 years of age. We wanted nothing to interfere with public school attendance, and, in fact, cooperated with the school authorities in trying to keep children in school.

Educational Grants

The problem of establishing a payment schedule that would enable the student to go to school without financial anxiety and at the same time not be excessively generous, was fixed by a committee which met in Salem immediately after the state took over the program.

Comparisons were made between the allowances of the Bureaus Relocation Program, the Veterans Administration G.I. Program, and the State Industrial Accident Commissions Program, and the committee arrived at the following schedule:

Student Subsistence Amount per Month

Single $100

Married Couple 160

Married Couple (1 child) 200

Married Couple (2 children) 230

Married Couple (3 children) 250

Married Couple (4 children) 270

It was established that allowances would be given for holidays and short vacation periods but that payment would cease during longer periods, such as summer vacations. The maximum subsistence allowable was fixed at $270. The subsistence amount as to be in addition to tuition and books. This was an opportunity almost unheard of in the history of education programs.

(Page 109) Allen Jeffries was first employed to direct the on reservation program. Wright wrote: "Gleta Wampler, a well trained secretary and local resident, who became an indispensable member of the staff. Karen Hatcher Ray, a tribal member was a distinct asset to the local office . . . a dedicated worker who sacrificed outside hours in preparation for carrying out our projects."

Joining the staff at a later time in the program was a man who exerted the greatest influence on the local program – Hiroto Zakoji who had a masters degree in anthropology from the University of Oregon. Bill Norval worked with him in keeping records and publishing the "Klamath Tribune" an informational publication for the Indians. Wright said, "The demands on the staff were great, but living in a community seething with tension was even greater!" Educational staff members were, by the very nature of their work, personally involved day in and day out with all the Indian people. More than once, staff members were threatened, and one staff member, a knife held at this throat, sat far into the night with an Indian who had a problem which he wanted to share.

In addition to the pressures mentioned above, local staff had to work among a people ripped apart b intra-tribal bitterness and factionalism. At times the staff felt that Salem officials did not fully appreciate their difficulties. However, as time went on, Wright’s trust in the ability of the Chiloquin staff increased even though each faction of the termination group had at times demanded that the program director be dismissed.

It appears the post high school program became rather popular in the beginning. The following table published by the State Department of Education shows the following results: (Page 110)

MARCH 10, 1955 TO DECEMBER 1, 1956

Technical and Business Schools

1. No. students entered in technical or business school 118

2. No. students who dropped technical or business school 75

3. No. students who finished technical or business school 9

4. No. students remaining in technical or business school 34

College and Universities

5. No. students entering college or university 28

6. No. students who dropped college or university 10

7. No. students who finished college or university 0

8. No. students remaining in college or university 18

9. No. continuing their training under this program who

were already in school 6

Entire Program

10. No. of students that entered all schools 146

11. No. of students remaining school 52

12. No. of different schools students entered 23

13. No. of different courses taken by students 28

14. Percentage of students not finishing courses entered 60%

15. No. from reservation that entered college or university 2

16. No. in college and university who live always from

reservation 12

17. No. of students taking their second year of training

under this program 24

Certainly a discouraging if not dismal result. The education department report continues:

The major reasons for the failures are as follows:

    1. Lack of incentive – too much easy money
    2. Lack of fundamental education – poor work habits
    3. Alcoholism – broken homes
    4. Failure to accept responsibilities
    5. Apathy – fear, no confidence

Another difficulty students encountered was peer pressure. It had been characteristic in many tribes throughout America for the traditional long haired Indian to ridicule those who willingly adopted the ways of the white man. Wright related one case where peer pressure stopped the education opportunity:

"I remember one of those kids in college quit and I said, ‘What in

the hell is the matter with you?’ That’s the words I used. He said,

‘I go home and everybody made fun of me and called me a jack ass’,

and so on and he said, ‘I can’t take it.’ Yet, he was smart. He wanted

to go to school and he wanted to have someone when he went home

say, ‘You’re a good fellow’, not to say, ‘You’re a jack ass.’ That

happened quite often. ‘You think you’re a big shot, going to college.’

Now that is a very difficult thing to overcome."

By looking at the following statistics, it is possible to determine at a glance that the Klamaths who live away from the reservation are doing much better in school. In fact, all of the 12 students attending college have little contact with the reservation. While this department is now providing the funds and the opportunity for these people to get any type of education or training that they want, it is very difficult to overcome 100 years of paternalism and the reservation system.

There is no question that Wright and his staff people went far beyond the call of duty in the Klamath education program. They tried to follow the students very carefully. Wright told me of one case of defending a student: (Page 113 – Page 112 Photo of Tom Watters)

"Well, one was going to Willamette and here I got a call one day.

Hatfield was the Dean of boys then, had kicked this guy out. I

went over and met Hatfield. I knew that he just was younger

than hell, doing the same as the rest of them did, taking a drink

here or there. I told Mark I wanted this kid in school there. ‘Why

are you kicking him out?’ ‘Well, he violated the rules, you can’t

do that here at Willamette, we run a perfect school.’ I stayed with

him and I said, ‘That is not a very honest Christian thing to do. His

grades are pretty good. He just got away form home and didn’t

know what to do.’ Pretty soon Mark said, ‘Okay, we’ll let him

back.’ But that is the type of things you had with them. They

just got away from home. They were pretty closely knit on that

reservation. They didn’t hardly know how to act, they wanted to

go back."

A later report dated 1961 showed an even poorer result. Of 265 who entered the program, 175 dropped out and only about 34% continued or completed the course. You will recall these were a people who entered enthusiastically in building reservation buildings and roads without pay, who enjoyed logging and wanted "strong law."

A more charitable look at the effort would reveal that of the ninety-two who finished probably not over half would have ever entered a post high school program. Furthermore even of those who failed to complete, most would have gained a broader perspective of the world off the reservation and an opportunity to find new friendships. This writer knows Indians who have become highly successful in the competitive field of their training and were enabled to cut the umbilical cord of federal dependency.

The work of the education people has been viewed favorably by those who understood the difficulty of the task at the inception of the program. In a letter to Harvey Wright, Don Foster, Northwest Regional Director of the Indian Service wrote: (Page 114)

"Our observation was and has been, throughout the entire period

of time which your Department directed this program, that the

program was practical, common sense, and down-to-earth that

the vocational training field covered those subjects which provided

opportunity in the northwest for job placement and fair play. Close

supervision given by your department, not only convinced these

Indian people that you meant business, but it assisted them in the

early stages of their training in not becoming too discouraged in

having to meet the requirements of a time schedule, meet study

assignments, and conduct themselves in accordance with the rules

and regulations of the school.

"Favorable reports from individual Indians taking the training,

favorable reports from employers, favorable reports from relatives

and members of the Klamath tribal council reflected the success of

the program in the final end. A large number of Klamath young

people found placement in various job opportunities throughout

the northwest and became productive, capable, worthwhile citizens

making a living as a result of their own effort and not depending

upon per capita payments. Unquestionably, this means that these

people themselves, and their children, in looking forward to the

future will have more respect for their own abilities and will make

better citizens.

"The policy followed by your department in hiring a program director

to spend his entire time on the Klamath Reservation with an office

available to the Indians at all times was practical and successful. Mr.

Hiroto Zakoji, who you have as program director the greater portion

of the time your contract was in effect, did an outstanding and

excellent job. This young man assumed responsibilities of his position

with a dedication (Page 116 – Page 115 Photo of Idella Edgar) that

impressed everyone who came in contact or had any relationships

with him.

"We of the Bureau of Indian Affairs, and I speak for the Washington

office as well as the Portland Area Office, express our deep

appreciation to you and your fellow workers in the very excellent

job you did in helping carry out provisions, not only of Section

26, but of the entire Act of Public Law 587. It was a privilege

to work with you, and we found that ‘where there was a will there

was a way’ to find an answer for the vexing problems that arose

under this Act and that you and your staff always had the will. You

are to be highly commended for the job that you directed."

It must have been equally gratifying at the completion of a difficult and discouraging task to receive such a letter from Foster and another from Tom Watters, chairman of the Management Specialists which included:

"I would like to state, for the final record, that Mr. Zakoji and

his staff have done a wonderful job for the Indians themselves,

as well as for the community in which many of them reside, in

helping them toward a program of adjustment and assimilation

into the community. He worked on a pilot project feeling his

way, so to speak, as he went along, and obtaining a particular

goal which he had set for himself and his staff was not always

easy.

"It may be thought that, in some ways, the Education program

was not as successful as we would have like for it to be, but

surely, without exception it cannot be said that the information

portion of the program was not successful to the fullest extent. Much

of the success of the entire termination program was and is due

to the untiring efforts of Zak and his staff and it would be (Page 117)

a mistake to undertake termination proceedings for any other

tribe without such a program being made part thereof."

At the same time the education and information program was being carried out by the State Department of Education, the Department of Interior made preparation in another phase.

Public Law 587 was passed by Congress on August 13, 1954. It provided for final termination of the Klamath tribe to take place by August 13, 1961. The biggest and most controversial part of the act concerned the disposition and distribution of tribal assets. Secretary of the Interior, Douglas McKay appointed a team of management specialists to accomplish this difficult task. Tom Watters of Klamath Falls, was chairman. Gene Favell of Lakeview and Bill Phillips of Salem made up the committee. All were astute business people of high character and ability. On December 31, 1954, the three men selected met with the executive committee at the Klamath Agency. Each was interrogated separately.

On June 27, 1955, Seldon Kirk, Wade Crawford and Lawerence Witt were elected by referendum to represent the tribe in working with the management specialist. They met regularly and attended conscientiously. They first agreed on the following steps to accomplish their task:

    1. Establish a tribal roll in order to find those who are entitled to shares

      of tribal assets.

    2. Cause an objective appraisal of tribal property.

` 3. Immediately after the appraisal give each adult member of the tribe

the opportunity to elect for himself and members of his family to:

    1. withdraw and receive his interest in tribal property or
    2. remain in the tribe and participate in some form of

management plan to be worked out. (Page 118)

4. Select and sell the portion of tribal property which at its appraised

value, would provide sufficient funds to pay off the withdrawing

members.

    1. Prepare a management plan for remaining members tribal property

      through a corporation, trustee or other legal entity. Tribal members

      to be given the right to purchase by bid any tribal property offered

      for sale. Bid fund credit to be provided against money due them as

      withdrawing members.

    2. A payment of $250 to be given to each member from tribal funds

      at the completion of the act.

    3. No income tax to be levied against funds distributed through the

      termination act.

    4. Protect the interest of minor and incompetents by causing the

appointment of guardians or other adequate means.

This sounds like a neat package with clear objectives, but, in the process great conflict, passionate debate and unexpected difficulties would arise. The management specialists were fortunate in appointing Idella Edgar to act as administrative assistant for the group. After several years of agonizing work for the management specialists and later the Bureau of Indian Affairs she was given a special citation. She kindly consented to take part in an interview which follows:

Howe: Idella, who appointed the management committee for this termination act?

Edgar: Douglas McKay was Secretary of the Interior at the time the law was passed

and he appointed Tom Watters, Bill Phillips and Gene Favell.

Howe: I see, and they in turn appointed you to this.

Edgar: They hired me for this. (Page 119)

Howe: I gather that you served, more or less, as an executive secretary to implement

their recommendations?

Edgar: Yes, I did.

Howe: And in this capacity, you had most of the direct relationship with members of

the Tribe and also with other federal officials involved.

Edgar: Yes, yes, I was at all the meetings in Klamath Falls, Portland, the Agency,

wherever they may have been held, the Chamber of Commerce, wherever

they were held for the purpose of discussion of the Klamath Termination.

Howe: What was the attitude of the tribal members toward the termination proceedings?

Edgar: There were two factions of the Klamath tribe at the time of termination. One

faction completely for the termination and one faction definitely against

termination.

Howe: I suspect that it was pretty hard to deal with the ones who were against the

termination proceedings.

Edgar: We did not have as much difficulty in our office dealing with those who were

against the termination proceedings as we did those who were for the

termination proceedings. Those who were for the termination proceedings

were of the opinion that the thing would be quickly done so they could obtain

their money.

Howe: In other words, they were in a hurry to get the money and get out.

Edgar: That’s right.

Howe: At this time the head of the tribe, the chief of the Indians was a man named

Seldon Kirk. What was your relationship with him?

Edgar: Seldon was a very fine man. Very understanding, and he was real sad about

the fact that they were going to terminate the Klamath Indian Reservation, he

would have (Page 120) liked for them to continue much as they were. My

relationship with Seldon was that he was available at all of the tribal meetings

that were held in our office.

Howe: He was never a disruptive influence?

Edgar: Absolutely not, not in any way.

Howe: The secretary of the tribe at that time was a man named Dibbon Cook. What

was your relationship with him?

Edgar: Dibbon was a member of the tribal council during the time of the termination

proceedings. He was at each and every one of the tribal council meetings that

were held in our office and of course all of those that were held at the Agency

or in Chiloquin. Dibbon was, as I recall, in favor of termination, but not

exactly as it was written in Public Law 587.

Howe: Probably one of the biggest jobs for the management committee was the

disposal of the tribal assets which included timber, and also other properties.

How was this decided by the management people so that the maximum

amount could be received for the tribal members?

Edgar: First of all there was appraisal of all properties and then an appraisal review

of those appraisals by different committees and then there were all of the

properties that were sold were widely published and put out for bids and at no

time was any one allowed to bid less than the appraised value for the property

that was sold.

Howe: Were some of these properties were arranged in large blocks?

Edgar: That’s right; called sustained yield units and sustained yield not being what

most of us think as sustained yield, it was not required that they operate them

on a sustained yield basis. They were called sustained yield simply because

they were large enough to be operated on a sustained yield basis if so desired

by the purchaser. (Page 121)

Howe: There were a number of these. Do you remember how many?

Edgar: There were 11 sustained yield units all told.

Howe: In other words, these were large blocks of timer that could be continuously

harvested?

Edgar: Could be managed on a sustained yield basis.

Howe: What about the smaller segments of property?

Edgar: The smaller units, the timber units and grazing units were called fringe units

and the fringe units, there were not restrictions on what could be done with

those fringe units and many of the fringe units were bought by individual

tribal members or groups of tribal members pledging their shares from the

withdrawal.

Howe: In other words, they were not required to raise the money, if they were tribal

members. They were not required to raise the money for payment at that time?

Edgar: No sir, all they did at the time was to sign a pledge statement of their share.

Howe: Were most of these units purchased by tribal members?

Edgar: Almost all of them were purchased by tribal members. There were very few

sold to individuals or companies and for the most part and I am sure the

courthouse records will show that for the most part those that were purchased

by tribal members were subsequently very shortly purchased by local timber

companies.

Howe: All right, then it was possible then that without raising money that any tribal

member that wanted could purchase property that had formerly been tribal

property?

Edgar: That’s right, both timberland property and fringe units in sustained yield units

or in the items known as personal property. (Page 122)

Howe: Now, in the items of personal property, what types of property were included in that?

Edgar: We are talking about anything that was owned by the Klamath tribe, such as

equipment, automobiles, hoses, shovels, paint, tires, anything that was office

equipment, anything that was owned by the Klamath tribe.

Howe: Was anyone allowed to bid on this except tribal members?

Edgar: Yes, yes, it was widely advertised as well as were the timbered units in the

local newspapers and then published by flyers that were distributed

throughout the Klamath community.

Howe: Do you think that the tribe received a fair price for the materials that were bid

under this category?

Edgar: Well, as I stated before, there was no bid received for less than the appraised

value of these items and in many instances the bids were rejected at the time

of that sale and those items were put on the next sale of a group of times.

Howe: If they were not sufficient amounts bid?

Edgar: That’s right.

Howe: Do you think that more of the items were sold for more than they were worth?

Edgar: Yes, in every instance. The items were bid up a lot higher than the appraised

value, almost in all cases. There were very few cases where they accepted the

bid just for the appraised value.

Howe: Do you think the fact that they did not have to put up any money had an

effect?

Edgar: Yes, I do, because there was not any money exchanged hands at these sales at

all unless it was from non tribal members. Most of the personal property

sales, well, all of (Page 123) the personal property sales, were held at the

Klamath Agency and this of course, the sale, the actual sale of the personal

property was done not under the management specialist, but under the Bureau

of Indian Affairs and people who were employed in the tribal sales office in

Klamath Falls, would journey to the Agency at the appointed time and would

conduct the sale there.

Howe: In other words, the sales were quite open and above board? They were

Actually conducted then by the Indian Service?

(Photo: Gene Favell of Lakeview, a realtor, attended each meeting of the Management Specialists by driving 200 miles. Favell met many times with Indian leaders to discuss property problems.)

(Page 124)

Edgar: We were all employees of the Bureau of Indian Affairs at the time of the

sales.

Howe: Now, the members of the committee, Mr. Watters, was the chairman of the

committee and I am sure that he was very active in seeking to bring about a

fair disposal of the properties. Were the other members of the committee

active in the process?

Edgar: Yes, Mr. Favell was a resident of Lakeview and he was here at least two times

and many times, 3 times a week. Mr. Phillips was a resident of Salem and

was here every week at least every week unless in case of illness, of course;

along toward the end of his tenure and then when he resigned as the

management specialist we had a man from Seattle, WA who was appointed.

Binsmore Taylor, was appointed to fulfill Mr. Phillips place and he moved to

Klamath Falls so he also was a local.

Howe: In the result of the disposition of the large so called sustained yield units of

timber, apparently the appraised value was set so high that they were unable

to buy this timber and cut it profitably.

Edgar: This is not the impression that I got at the time of the sale. All of those units

were highly advertised for bid. However, at no time did we receive any bids

at all except on the sustained yield unit that was sold to, I believe, Crown

Zellerback.

Howe: That was mostly jack pine timber in the Chemult area?

Edgar: Yes, it was.

Howe: Well, now, don’t you think that it was because they felt they could not bid the

minimum set on the appraisal and come out on it?

Edgar: This was of course out and out sales of both land and timber where the timber

mills in the local area could buy just the timber without having to pay for the

land at that (Page 125) time, by doing it through the forest service, the BLM

and this sort of thing. Because of the fact that this was land and timber, they

were large yield sustained units.

Howe: In the process of determining the attitude of the Indians toward the

termination, was any effort made to find out how they felt about this process?

Edgar: Yes, the very first contract that the management specialist signed was with

Stanford Research Institute for the purpose of making an attitude survey of

the Klamath tribal members. When this attitude survey was well on it’s way,

the director of the survey team from Stanford Research Institute married the

daughter of one of the definite factions of the Klamath tribe and that research

institute study was immediately stopped.

Howe: It was felt that the study would not be objective I suppose in view of the

family relationship?

Edgar: Because – that’s right.

Howe: Well, the word of course that I have received is that the members of the tribe

never had a chance to vote on this or express an opinion on it. When the time

came for them to make a choice as to how they, whether they wanted to

remain in the tribe and participate as a part owner, or to receive their money.

Did they express a strong conviction in that respect?

Edgar: The records that I sent to the archives at the close of the termination will

verify the fact that there were many information bulletins that were mailed to

each and every individual tribal member. There were lots and lots of tribal

member information meetings held in our office. The office was always open

for any information to those who might want to come in and ask questions

with regard to termination. And at the time that the election was to be held,

each and every tribal member received an information (Page 126) bulletin

explaining to them exactly what their vote would entail. Whether they would

elect to and given an opportunity to elect to withdraw and receive money for

their tribal share of property or elect to remain under the trust agreement

which had been contracted by the Bureau of Indian Affairs to the United

States National Bank or by not making any election at all they would

automatically remain in the tribal trust agreement arrangement.

Howe: In other words, if they didn’t vote to get out and take their money, they would

automatically continue to be a member?

Howe: All right, now how did you make sure that the individual members of the tribe

had a chance to express themselves on this?

Edgar: We mailed individual ballots complete with information sheets to each and

every one of the 2133 members on the final Klamath tribal role. By return

role receipt registered mail, return receipt requested. The records in the

archives that each and every one of these were delivered with the exception of

one woman to vote for herself and that same woman to vote for her minor

child. There were return receipts signed by each and every member of the

Klamath tribe.

Howe: So that you had a remarkably good coverage of the tribal members.

Edgar: Yes, we did. 100% in fact, except for that one woman. Many of these were

hand delivered, some of them at the local jail, some of them at the local

hospital; so that those return receipts could be signed and be a part of our

records.

Howe: Regardless of the failure of the Stanford Research Attitude survey, it was

never completed, it seems to me that you would have an iron clad attitude

survey when you took (Page 127) the votes of these people when they were

given the option of either remaining in the tribe or receiving their assts and

going out of it?

Edgar: A very large majority of the people elected to withdraw and receive their

money for their tribal assets. There were as I recall, and I could be mistaken,

there were only 474 that remained under the trust management program. This

could be verified of course a the U.S. National Bank and I believe that there

were only 73 or 74 who actually made the choice to remain with the trust

agreement, the rest of those 474 remained by not having made any election at

all.

Howe: Then there was obviously an overwhelming attitude that favored receiving the

assets and pulling out of the tribe? (Page 128)

Edgar: Absolutely.

Howe: Now, the management of the assets of the remaining members, how was this

determined?

Edgar: The management plan was drawn numerous times and rewritten and rewritten

again with lots of meetings and input from the various banks that might be

interested in managing this property. After the management plan was in its

final draft form, it was put up for bid to the banks for the purpose of

management of the property itself and as you well know, the U.S. National

Bank was selected as the successful bidder to manage the property.

Howe: How long after the management trusteeship to the bank, how long did the

People who were under this hope to stay with it?

Edgar: The management plan itself called for an election of the members every 5

years and at the first election they elected to continue the management plan

and at the second election they elected to discontinue the management plan. I

am not sure but there was a specified time in there of a period of, I think, I

recall 15 years of the bank to discontinue this plan. But as I understand it, at

the second election is when they decided to terminate the management plan.

Howe: I guess very few wanted to continue.

Edgar: I have no idea, because of course, that was all handled by the U.S. Bank and I

had been through with it for almost 10 years then.

Howe: It must have been a very bewildering task given the size and complexity of

the Klamath Indian Reservation for these management specialists to determine how to go about handling the properties and the forestry.

Edgar: Carrol, about the time that the attitude survey was terminated, the

management specialists hired a man by (Page 129) the name of Earl Wilcox,

who had been forester for the Bureau of Indian Affairs a the Klamath Agency

for a number of years. He took leave from his job with the Bureau of Indian

Affairs and was hired by the management specialists as their forester and

actually, the person who sat up the guidelines for the appraisal of the timbered

units, both fringe and sustained yield units for the management specialists.

The management specialist contract was then terminated in October of 1958

and after amendment again of Public Law 587 and at that time the Bureau of

Indian Affairs took over the balance of the program, which was the actual sale

of the property. When the management specialist contract was terminated,

Mr. Wilcox and myself both were employed by the Bureau of Indian Affairs

directly and our employment was by the Bureau of Indian Affairs directors

office in Portland, not by the Klamath Agency.

Howe: You started working for the management specialist shortly after this was

organized then?

Edgar: I was hired by the management specialist in July of 1955. The law was

passed in August of 1954 and they set up an office on South 7th St. in June

1955 and I was hired the first of July, right after the 4th of July 1955.

Howe: And when did your work terminate with the management people?

Edgar: My job terminated in October 1958 when the management specialist contract

ended but at that point, as I said, I went to work for the Bureau of Indian

Affairs, so there was no interruption of either Mr. Wilcox or my services

through this period of transition.

Howe: The Bureau of Indian Affairs actually conducted the sale of the timber units.

Did they also conduct the sale of the individual properties? (Page 130)

Edgar: Yes. Yes.

Howe: So that there never was any question of selfish interest?

Edgar: Let’s go back a half minute to the sale of the timbered units. The management specialist advertised and put up for bid all of the timbered units, fringe units as well as sustained yield units. They were responsible for the

sale of the one timbered unit. The Bureau of Indian Affairs conducted the sales, Earl and myself, conducted the sale of all the personal property items under the Bureau of Indian Affairs.

Howe: In conducting the sale of the properties for the Bureau of Indian Affairs do

you think adequate measures were taken to assure that the tribal members had

a chance to buy this material?

Edgar: Yes, all the items that were sold at personal property were advertised and the

Indians themselves received copies of the advertisement and some of these

things were put in small groups of items and then these sales were conducted

at the Klamath Agency. We would go to the Klamath Agency, put as much of this property out into view as possibly could and then conduct the sale. The sales were conducted on a verbal basis. Many times there would be as many as 100-150 people there throughout the day and when the item was put up for sale, they must bid at least the appraised value on the thing to open the bidding and then because of the fact that there was no money exchanging hands, the bidding seemed to become a competitive game among the Indians and far more money was paid for the individual items than the appraised value in almost all cases.

Howe: Well, certainly the tribe members received adequate compensation for it. What kind of items were they buying?

Edgar: Everything that belonged to the Klamath Indian tribe. Such as typewriters,

desks, pencil sharpeners, to the extent of tires, automobile tires, chains,

barrels of gasoline, ladders, buckets of paint. This sort of thing and any

automobiles that belonged to the agency. In one instance there was an old, I

believe, 1954 Ford automobile sold; a Klamath tribal member was the

successful bidder. He did not have a drivers license, however, he brought the

car to Klamath Falls, traded the car in again, without any money, just

pledging what part of his share he would receive at the time the termination

funds were paid. The next day he was driving a new automobile.

In addition to making provisions for tribal properties and education, public

law 587 dealt with a problem that had troubled Indian families for many years

and it was a matter of great economic importance. This was the condition of

allotment properties given to Indian in previous years. As time passed the

descendents of the original owners had inherited portions of the land. Some

were in sixteenths, some were in thirty seconds and even in smaller parts to

the point where the properties were virtually frozen.

The new law directed the secretary of interior to give each tribal member

unrestricted control of the funds and property held in trust, to remove all

restrictions on sale or encumbrances of trust on land except sub surface

mineral rights. In order to open the disposal, any of the joint owners of the

land could request a partition and a deed would be issued for his individual

share.

To protect owners the law stated that "if partition is not practical the secretary

may cause all the land to be sold at not less than appraised value, provided

that any owner may purchase the other interests in the land at not less (Page

132) than appraised value and the purchaser shall receive an unrestricted

patent or deed to the land."

This enabled many of the heirs to receive their share of assets from the

disposal and many others to buy the partial shares and establish an individual

ownership. Supervision of these individual ownerships was not conducted by

the management specialists, but by the Indian Service.

During the process of termination the management specialists were beset by

many problems they had not anticipated. The tribal executive committee

objected to the timber appraisal of $121,679,649.10 and asked for a

reappraisal. This resulted in a figure about thirty million dollars lower than

the original by Western Timber Services.

On May 18, 1958 an executive committee was elected consisting of: Seldon

Kirk, Dibbon Cook, Boyd Jackson, Barkely Elnathan Davis, Jesse Kirk, Joe

Ball, O.T. Anderson, Irwin Crume and Vincent Bodner. On June 13, 1958

Delford Lang was Elected head of withdrawing members. Hi Robbins headed

the remaining members while they were directed to sell eleven major forestry

units.

Bids were received on only one of the major units offered showing that it was

Not economically feasible to buy the land and timber. In an interview on

February 4, 1986 Mr. Lawrence Shaw explained the circumstances.

Howe: Lawrence, do you want to lead into how you became involved in the process?

Shaw: Yes, thank you Carrol. I would be glad to recall the story. About 30 years

ago, 1954, 1955, it was apparent that the Klamath Indian Reservation had

decided to be liquidated and it was also apparent that the timber would be put

up for purchase or bid in the public market place. And (Page 133) a situation that existed throughout the Northwest, that is, private companies were being formed, large companies, such as Boise, Georgia Pacific and others, were purchasing timber at large prices and in large quantities. My concern at the time was the realization that the payoff, at the price that they had to pay to get that timber, it would be necessary to cut very heavy and sustained yield practices would have to be probably sacrificed. That was my own individual opinion. Therefore, I talked to a certain group one evening, regarding our local interest in presenting the case for public forest service ownership. That being the only institution that could probably pay the Indians price for the timber and still handle it on a sustained yield. I considered that there were tow prices, a true market price and a market price plus a policy and a moral

price. The latter, of course, being much higher than a true market value under

sustained yield management. One evening I brought up the question to a

group assembled. Naming them, there was: Tom Watters, Realtor and later

prominent in liquidations; there was Frank Jenkins, the publisher of the

Klamath paper; there was Nelson Reed, a prominent Klamath Falls retired

individual; there was Al Hatten, a merchant; and myself. From there, we

eventually went back to Washington to see the congressmen and senators in

support of the proposition. Letters were started to be written as early as May

1955, to Douglas McKay, Sam Coon, Senator Wayne Morse and Senator

Richard Neuberger. The latter two especially became, in the future, interested

and active in promoting the idea. At that particular date it had not been

resolved by the Indians how many wanted to sell and when; therefore, Senator

Morse suggested while he was interested that there be a hold on the matter.

My plan was to either form a new national forest or incorporate it with

existing forests such as the Rogue and (Page 134) Fremont. However, so

much timber so close to Klamath Falls seemed most important that the

headquarters be located in Klamath Falls. The group discussed it and were

afraid that perhaps it would detract from a town like Lakeview if that were

done. But the final solution was to form the Winema Forest with

headquarters in Klamath Falls and leave the Fremont Forest as it was. The

Fremont gave some portions to the Winema and so did the Rogue. But in

return, those national forests received back parcels that were more oriented to

their boundaries. In the end it all worked out in good equality.

Howe: Lawrence, did you run into some opposition to the proposal anywhere?

Shaw: Yes, we did at first, not strenuous, but questioning us as to policy of public ownership. Being in the business and also being in connection with these

associations; I communicated with the industry through the Western Pine

Association and through the Western Forest Industries Association and there was a very desirable move for the good of the industry and for support of continued operations instead of large quick cuts. While some demurred they came around very well I thought and some of the biggest companies here in Klamath Falls immediately concurred with my position; for which I was very grateful because I has supposed there would be a feeling that private ownership was always best but that was not so under these peculiar conditions.

Howe: I was under the impression that it was just impossible to buy the timber at the

price that was required and then cut it on a sustained yield basis and actually

there wouldn’t have been any bidders for it anyway.

Shaw: Well, that was the core of the problem. We knew by other sales going

around in the state at the same time that the price would have to be very high

and in that big of area, (Page 135 – Photo of Lawrence Shaw) they would

have to borrow money to buy and also to pay back that amount of money they

would have to start cutting heavily immediately. That was the simple

economics of the matter. As much as they would want to do it on sustained

yield those prices were not sustained yield prices.

However, we were expecting, and as events turned out to some extent

correctly that there would be inflation which would help them. At that time,

of course, that was only an assumption that was not known to be so. Inflation

did come and prices did go up, but that was not known for sure then. We

could only go by existing conservative market practices. (Page 136)

Howe: I gather that you originally proposed this plan of creating a new forest and

then you gathered these people that you had mentioned and then went back

and proposed it to the congressional delegation. Would I be wrong if I

considered you to be the Father of the Winema National Forest?

Shaw: I brought up the subject and gave that background my opinion as a practicing

lumberman and it was received by these people with pleasure and the future

events with considerable time and work by them. However, it was the germ

of the idea that evening at the meeting of this group that later went to

Washington that started the thinking and eventual creation of the Winema

Forest and plus the headquarters in Klamath Falls and equal to Bend and

Lakeview.

Some of us almost went into shock when we found out that Tom Watters was

willing to accept public ownership. He had always been such an advocate of

private ownership that I think that it is a compliment to him to think that after

taking such a strong position that he was willing to change his mind when he

saw the economics of the situation.

Well, I think most of the people there did. I would say it was a group of

Republicans. They were all sensible people and they knew the realities. They

respected the forest service. They knew the economic situation was in a

Boom-or-Bust period and they knew that we wanted sustained yield and we

also knew, and they agreed, that we needed a headquarters here in Klamath to

do a job and support the industry as it existed here. And they went along with

it not for political reasons, but strictly because common sense and taking

notice of the situation that existed. That the only people who could pay the

price at that time and practice a conservative sustained yield (Page 137)

would have to be the forest service. Because the price was not paid to equal

bargaining individuals, it was paid an award to the government and it had to

be paid what we considered to be a market price plus a moral price.

Howe: And it was higher than the normal commercial price would be?

Shaw: It was much higher and speculative buyers could come in and probably could

borrow the money and if they were betting on the inflation they could come

out. But that wasn’t what we wanted.

Howe: Did you find, where did you find your greatest cooperation in the

congressional delegation? I got the impression from Tom that Senator

Neuberger was a lot of help on this.

Shaw: Yes, Senator Neuberger carried the ball as time when on and Senator Morse

was there. The one that we seemed to write to and visit the most there,

Senator Neuberger, also approved of it and it suited this political conscience I

am sure.

At one time we thought of the Department of Interior in this connection

because of the job they had done with the O & C lands, but both the Senators

favored the forest service and we quickly agreed that that would probably be

the best at that time.

Howe: Well, I certainly thank you for the interview and I am real proud of you, of

the fact that you, in my opinion at least, deserve credit for fathering the

Winema National Forest, of course, which we know is a great success.

Those who had know Tom Watters over the years were quite surprised at this

Attitude toward federal purchase of the tribal properties as he had long been a

Advocate of private ownership. He placed public benefit above political

philosophy and carried the message to Washington. (Page 138) On May 21,

1956 in a hearing held at the request of Senator Richard Neuberger, T. B.

Watters recommended a statutory amendment which would provide for the

federal acquisition of the entire Klamath property.

This proposal proved to be popular with state and local official and especially

with the withdrawing tribal members who wanted a quick resolution of the

termination and payment for their shares.

On April 8, 1960 the executive committee of the tribe passed a resolution to

have The Federal government take title to the sustained units and make

immediate Pro-rata distributions to withdrawing members.

One Klamath Indian, Edison Chiloquin, a grandson of one of the treaty

signers refused to accept the payment and demanded land instead. After a

long interval of negotiation a tract of land was set aside on the Sprague River

near Chiloquin as a recreation and ceremonial center for those who might

want to use it. Chiloquin has adopted strict rules for those who want to

participate. Federal regulation stipulates that the land cannot be sold.

 

Chapter VI

"Looking Back"

(This chapter is word for word as published)

(Page 139) The year is 1961. The Secretary of Agriculture took possession of the tribal property units not sold to private buyers creating the Winema National Forest. The Secretary of Interior issued a proclamation terminating supervision of the tribe.

Moneys were given immediately to the withdrawing Indians; the remaining members received tribal lands and assets in payment. The trust for care of the properties was administered by the United States National Bank. Members had the option of terminating the trust at the end of each five year period. At the end of the first period they elected to continue the trust. At the end of the second period the majority chose to terminate the trust and receive the money.

In the meantime the Siletz and others had asked Congress to restore the tribe and the Klamath did likewise. On August 27, 1986 the tribal status was restored and offices for the tribe and Bureau of Indian Affairs opened at Chiloquin. My official contacts with the groups had long since ended. Why the Indians has asked for restoration of government supervision I did not know until at a historical meeting in Yreka, California. I heard a lady, young, personable, and blonde who was seeking people who might be an eighth or more Shasta Indian. She was seeking to form a tribe. When asked the reason, she stated that there were many benefits, principally health, but others also, including (Page 140) jobs, educational opportunities and social contacts. With such results it was easy to see why the Klamaths who had been experts at working in the system were eager to take advantage of the opportunity. My question then – who started the termination movement in the first place?

On January 14,1986 I met with Mr. Wright with that question. His answer:

"The way this started out, Tommy Thompson, a graduate from Oregon

State who was a Grand Ronde Indian, he got a hold of the governors

office and said, ‘We want to get out from under the Federal Government.’

He said, ‘I have a college education.’ He was superintendent of the

biggest lumber company on the coast, and an ex-football player and so

on and so the governor called a meeting over there, McKay did. Tom McCall

was in the office at the time and brought Indians in from various places

in the state. Their representatives and I attended this meeting and Coquell,

said, ‘and now I just want one thing, I want to get the hell out of the Federal

Government, got no business there,’ and he said, ‘and I can do the same

thing that other people can and I am not Indian anyway.’ And he had several

more people from his tribe there and the Klamath were represented by Wade

Crawford and Boyd Jackson and I think probably Dibbon Cook was there and

then some of these other things came up and he said, ‘Now my God we are

suppose to be citizens of the state, we want to get rid of these discriminatory

laws.’ And Phil Hitchcock was there from Klamath I think. I am sure he

was, and so I was going to do it. They got around as they usually do and the

governor said, ‘Well, we will form a committee,’ and I wound up as chairman

of the committee. And he said, ‘Now, I have got to have somebody keep in

contact with these people and since you are on the payroll of the Federal

Government, under the Johnson O’Malley Act, and you can keep track of this

(Page 141) and keep me informed over there.’ Well, they all nodded their

heads and said that was fine and I got a job there that was completely out of

this world.

"I met with some 200 committees, the lawyers got in the thing, and churches

got into it. They were going to do something, the universities got into it

and everybody along the line, plus meeting with the various and sundry

Indian groups and some of those were pretty good to work with and some of

them were terrible. Wade Crawford, down there was, as you know Wade,

Well he was the guy that got the termination."

Howe: How did you make it in your efforts to desegregate the schools to get, how

did you get along with the people on that score?

Wright: Well, there is always a certain amount of objection that we don’t want our

kids to go to school with those dirty Indians and there is a general

prejudice throughout the world against anybody in a different class,

whether Indian or anybody else. But we just went ahead and there was one

thing about it, there was nobody better to work with then Rex Putman. In

fact, he just turned it over to me and you couldn’t have handled the job I

had which was working.

Howe: Now did you find pretty good cooperation from these various governors that

You worked with on getting the discriminatory laws repealed?

Wright: Oh, yes. Good Lord, all the governors were very good on that. In fact, the

Attorney General didn’t know what the discriminatory laws were until they

started looking them up, they didn’t, it just suddenly grew up. They supposed

that an Indian out here had the same rights, privileges and responsibilities

that we do.

Howe: It grew out of the Old West. (Page 142)

Wright: That’s right.

Howe: Which governors do you think had the most interest in the total problem of

the ones you worked with?

Wright: Well, McKay did, as long as he was in there, because it was forced on him.

Howe: Actually from the standpoint of the governors that you have worked with,

you have run into no real opposition to your programs?

Wright: No, it there had been any opposition, I would have gotten out of there.

Howe: At one time you were telling me the objective of the Bureau of Indian Affairs

was to preserve the Indian culture?

Wright: You talk about their native culture they have now in California. I read in

southern California, they are teaching 5 different Indian languages to preserve

the culture. Well, they had to go out and make those languages up and write

them up and get them in some way to teach them. My god, you can’t live

in the past, to teach their culture, their idea of anything, just existing from

had to mouth and the idea of preserving their culture is completely weird.

They didn’t have any culture; they were just going from day to day on

completely existing.

Howe: I once took a couple of Indian girls into see one of our men who was a former

governor. Now, they were all dressed up in nice Indian suits, plains Indian

dress and he said, "Well, I would like to see you girls learn to weave these

baskets and do these things. You could make a lot of money from the

tourist industry." Of course, neither he nor the girls knew that it would

probably take a week to gather the stuff to make them and then Lord

knows how long to dry it and to prepare it and to weave it and then you

got through you would have a months work (Page 143) into two or three

Indian baskets that you would have a hard time selling for probably $50.00.

I know of no one, either Indian or white, who was more dedicated to the

improvement of American Indian education, economy and life than Harvey

Wright. He deplored efforts of those who wanted to teach Indian youngsters

to be Indian. He ridiculed the efforts in California where they had to go out

and virtually invent Indian languages for kids to learn. His entire thrust was

to make them effective and competitive in a modern economy and society

rather than museum pieces for anthropologists to study.

As a public school administrator it was possible to observe some of the

difficulties experienced by Indian youngsters that might not occur to others.

If my children were American Indians I would counsel them as follows: You

can take great price in being an American Indian. They have survived in

their hostile environment of North America for at least 13,000 years. In this

heritage are many strengths and weaknesses. Your intelligence is equal to

that of any race. The traditions and history of your people have made them

greatly admired and they have achieved a lasting place in American

literature. The fact that you may look different from the majority of

Americans may cause you to be subject to question or even insults that you

must learn to bear. In the history of mankind you will discover that the

human species have endured many conflicts some attributable to race and

religion. For example: Jew versus Arab, Armenian versus Turk, Hindu

versus Sikh. Yes, even Navajo versus Hopi. As the conflicts have developed

and grown the truths and legends have created in many the feeling of

persecution and desire for revenge. In the case of some American Indians

this feeling has so dominated the thoughts and feelings that some (Page 144)

individuals are less motivated for self-improvement than they would be

otherwise or even handicapped in carrying on normal business and

relationships with others. In rare cases actual criminal conduct can be

attributed to the desire for revenge.

My advice to you is be proud of you Indian heritage; try to preserve it and

pass it along but remember being an Indian is not a profession, it is not a job.

Dancing, drumming and bead stringing is fun but it is not living. Those

non-Indians who encourage it would rather see you as a museum piece rather

than a competitor. Be suspicious of friends or others who encourage you

to do something simply because you are an Indian. There are some in

government service whose living depends upon keeping you in a state of

dependency rather than motivating you to be independent; either

economically or politically. Above all you must remember that alcohol may

have an effect on you that can lead to crime even by those who have no

intention of criminal activity. It has led to death, many in the prime of their

youth.

 

 

Sources

(Page 145)

Conrad, Geoffrey W., "Cultural Materialism, Split Inheritance, and the Expansion of

Ancient Peruvian Empires," American Antiquity, Society for American

Archaeology, 1981.

Diaz, Bernal, The Conquest of New Spain, Penguin Books, Baltimore, Maryland, 1963.

Fagan, John L. and Garry L. Sage, "New Windust Sites in Oregon," The Journal of the

Idaho State University Museum, Pocatello, Idaho, 1974.

Farb, Peter, Man’s Rise to Civilization, E.P. Dutton & Co., Inc., New York, 1968.

Faulk, Odie B., The Modoc People, Indian Tribal Series, Phoenix, Arizona, 1976.

Gatschet, Albert S., The Klamath Indians of Southwestern Oregon, Contribution to

North American Ethnology, Vol. 2, 1890.

Hall, H.J., "A Study of Diet and Disease at Dirty Shame Rockshelter, Southeast Oregon,"

Indian Education Project, Title IV, 1982-83.

Helfrichm Devere, Klamath Echoes, No. 9, Klamath County Historical Society, 1966-77.

Howe, Carrol B., Ancient Tribes of the Klamath Country, Binford and Mort, Portland,

Oregon, 1968.

Ancient Modocs of California and Oregon, Binford and Mort, Portland, Oregon

1979.

Hunter, George, Reminiscences of An Old Timer, H.S. Crocker and Company, San

Francisco,, 1887.

Klamath Falls Express, January 10, 1895, #38, Vol. III. (Page 146)

Meacham, Hon. A.B., Wigwam and Warpath; or the Royal Chief in Chains, John P.

Dale and Company, Boston, 1875.

Mead, Dr. Jim I., "Deciphering Data from Dung," Mammoth Trumpet, University of

Maine, Vol. 4, #1, 1987.

Ogden, Peter Skene, Snake Country Journal, 1826-27, The Hudson’s Bay Record

Society, London, 1961.

Park, Susan, "Samson Grant, Atsuge Shaman," Occasional Papers of the Redding

Museum, #3, September 1986.

Payette, B.C., The Oregon Country Under the Union Jack, Payette Radio Limited,

Montreal, Canada, 1962.

Ray, Verne F., Primitive Pragmatists, University of Washington Press, Seattle, 1963.

Stern, Theodore, The Klamath Tribe; A people and Their Reservation, University of

Washington Press, Seattle, 1965.

Stone, Buena Cobb, Fort Klamath, Royal Publishing Company, Dallas, Texas, 1964.

Weatherford, Jack, Indian Givers, Ballantine Books, New York, 1988.

Woodward, Arthur, Indian Trade Goods, Oregon Archaeological Society, Metropolitan

Press, 1965.

Wright, A. Harvey, Data on Termination of Federal Supervision over the Klamath

Indian Reservation, Oregon State Department of Education, December 31, 1956.

Zakoji, Hiroto, Termination and the Klamath Indian Education Program, Oregon

State Department of Education, 1955-1961.

 

 

 

 

 

 

Information by Interview:

Mrs. O.T. Anderson – Klamath Indian

Joe Ball – Klamath Indian

Raymond Bitney – Agency Superintendent

Tom Blackman – Teacher

Dibbon Cook – Shasta Indian

Sam Coon – Congressman

Dr. Luther Cressman – Anthropologist

Mathew DelFatti – Basketry expert

Dewey Dietz – Archaeologist

Vera Donaldson – Shasta descendant

Idella Edgar – Executive in Termination

Wren Frain – Shasta Indian

LeRoy Gienger – Lumberman

Pauline Gienger – Merchant

Nora Hawk – Klamath Indian

Ima Jiminez – Klamath Indian

LeRoy Johnson – Archaeologist

Glenn Kircher – Merchant

Jesse Kirk – Klamath Indian

Seldon Kirk – Klamath Indian

Van Landrum – Engineer

Jack Linman – Boat operator

Ida Odell – Pioneer

Charles Ogle – Pioneer lumberman

Nelson Reed – Author

Linda Schonchin – Klamath Indian

Stanley Sevruk – Principal

Lawrence Shaw – Lumberman

Dr. A.R. Soule – Agency doctor

Chester Squire – Educator

Charles Steber – Principal

Harvey Wright – Governor’s representative

 

 

 

 

 

 

 APPENDIX

 

TREATY OF KLAMATH LAKE, OREGON WITH THE KLAMATH, MODOC, AND YAHOOSKIN BAND OF SNAKE

OCTOBER 14, 1864

16 Stat., 707 Ratified

July 2, 1866

Proclaimed

February 17, 1870

 

Articles of agreement and convention made and concluded at Klamath Lake, Oregon, on the fourteenth day of October, A. D. one thousand eight hundred and sixty-four, by J. W. Petit Huntington, superintendent of Indian affairs in Oregon, and William Logan, United States Indian agent for Oregon, on the part of the United States, and the chiefs and head-men of the Klamath and Moadoc tribes, and Yahooskin band of Snake Indians, hereinafter named, to wit, La-Lake, Chil-o-que-nas, Kellogue, Mo-ghen-kas-kit, Blow, Le-lu, Palmer, Jack, Que-as, Poo-sak-sult, Che-mult, No-ak-sum, Mooch-kat-allick, Toon-tuck-tee, Boos-ki-you, Ski-a-tic, Shol-las-loos, Ta-tet-pas,-Muk-has, Herman-koos-mam, chiefs and head-men of the Klamaths; Schon-chin, Stat-it-ut, Keint-poos, Chuck-e-i-ox, chiefs and head-men of the Moadocs, and Kile-to-ak and Sky-te-ock-et, chlefs of the Yahooskin band of Snakes.

(Cession of lands to the United States – Boundaries)

ARTICLE 1. The tribes of Indians aforesaid cede to the United States all their right, title, and claim to all the country claimed by them, the same being determined by the following boundaries, to wit:

Beginning at the point where the forty fourth parallel of north latitude crosses the summit of the Cascade Mountains; thence following the main dividing-ridge of said mountains in a southerly direction to the ridge which separates the waters of Pitt and McCloud Rivers from the waters on the north; thence along said dividing-ridge in an easterly direction to the southern end of Goose Lake; thence northeasterly to the northern end of Harney Lake; thence due north to the forty-fourth parallel of north latitude; thence west to the place of beginning:

(Reservation – Boundaries)

Provided, That the following-described tract, within the country ceded by this treaty, shall, until otherwise directed by the President of the United States, be set apart as a residence for said Indians, (and) held and regarded as an Indian reservation, to wit:

Beginning upon the eastern shore of the middle Klamath Lake, at the Point of Rocks, about twelve miles below the mouth of Williamson's River; thence following up said eastern shore to the mouth of Wood River; thence up Wood River to a point one mile north of the bridge at Fort Klamath; thence due east to the summit of the ridge which divides the upper and middle Klamath Lakes; thence along said ridge to a point due east of the north end of the upper lake; thence due east, passing the said north end of the upper lake, to the summit of the mountains on the east side of the lake; thence along said mountain to the point where Sprague's River is intersected by the Ish-tish-ea-wax Creek; thence in a southerly direction to the summit of the mountain, the extremity of which forms the Point of Rocks; thence along said mountain to the place of beginning.

(Indians to remove to and live upon the reservation)

And the tribes aforesaid agree and bind themselves that, immediately after the ratification of this treaty, they will remove to said reservation and remain thereon, unless temporary leave of absence be granted to them by the superintendent or agent having charge of the tribes.

(White person not to remain on reservation – Right of way for railroads)

It is further stipulated and agreed that no white person shall be permitted to locate or remain upon the reservation, except the Indian superintendent and agent, employees of the Indian department, and officers of the Army of the United States, and that m case persons other than those specified are found upon the reservation, they shall be immediately expelled therefrom; and the exclusive right of taking fish in the streams and lakes, included in said reservation, and of gathering edible roots, seeds, and berries within its limits, is hereby secured to the Indians aforesaid: Provided, also, That the right of way for public roads and railroads across said reservation is reserved to citizens of the United States.  

(Payments by the United States – How to be expended)

ARTICLE 2. In consideration of, and in payment for the country ceded by this treaty, the United States agree to pay to the tribes conveying the same the several sums of money hereinafter enumerated, to wit: Eight thousand dollars per annum for a period of five years, commencing on the first day of October, eighteen hundred and sixty-five, or as soon thereafter as this treaty may be ratified; five thousand dollars per annum for the term of five years next succeeding the first period of five years; and three thousand dollars per annum for the term of five years next succeeding the second period; all of which several sums shall be applied to the use and benefit of said Indians by the superintendent or agent having charge of the tribes, under the direction of the President of the United States, who shall, from time to time, in his discretion, determine for what objects the same shall be expended, so as to carry out the design of the expenditure, (it) being to promote the well-being of the Indians, advance them in civilization, and especially agriculture, and to secure their moral improvement and education.

 (Additional payment and for what purpose)

ARTICLE 3. The United States agree to pay said Indians the additional sum of thirty-five thousand dollars, a portion whereof shall be used to pay for such articles as may be advanced to them at the time of signing this treaty, and the remainder shall be applied to subsisting the Indians during the first year after their removal to the reservation, the purchase of teams, farming implements, tools, seeds, clothing, and provisions, and for the payment of the necessary employees.

 (Mills and shops to be erected – Schoolhouse and hospital – Tools, Books and stationary)

ARTICLE 4. The United States further agree that there shall be erected at suitable points on the reservation, as soon as practicable after the ratification of this treaty, one saw-mill, one flouring-mill, suitable buildings for the use of the blacksmith, carpenter, and wagon and plough maker, the necessary buildings for one manual-labor school, and such hospital buildings as may be necessary, which buildings shall be kept in repair at the expense of the United States for the term of twenty years; and it is further stipulated that the necessary tools and material for the saw-mill, flour-mill, carpenter, blacksmith, and wagon and plough maker's shops, and books and stationery for the manual-labor school, shall be furnished by the United States for the period of twenty years.

 (Farmer, Mechanics, and teachers)

ARTICLE 5. The United States further engage to furnish and pay for the services and subsistence, for the term of fifteen years, of one superintendent of farming operations, one farmer, one blacksmith, one sawyer, one carpenter, and one wagon and plough maker, and for the term of twenty years of one physician, one miller, and two schoolteachers.

 (Reservation may be surveyed into tracts and assigned to heads of families and single persons – Not to be alienated nor subject to levy, etc)

ARTICLE 6. The United States may, in their discretion, cause a part or the whole of the reservation provided for in Article 1 to be surveyed into tracts and assigned to members of the tribes of Indians, parties to this treaty, or such of them as may appear likely to be benefited by the same, under the following restrictions and limitations, to wit:

To each head of a family shall be assigned and granted a tract of not less than forty nor more than one hundred and twenty acres, according to the number of persons in such family; and to each single man above the age of twenty-one years a tract not exceeding forty acres. The Indians to whom these tracts are granted are guaranteed the perpetual possession and use of the tracts thus granted and of the improvements which may be placed thereon; but no Indian shall have the right to alienate or convey any such tract to any person whatsoever, and the same shall be forever exempt from levy, sale, or forfeiture:

(Restriction may be removed – Forfeiture)

Provided, That the Congress of the United States may hereafter abolish these restrictions and permit the sale of the lands so assigned, if the prosperity of the Indians will be advanced thereby:

And Provided further, If any Indian, to whom an assignment of land has been made, shall refuse to reside upon the tract so assigned for a period of two years, his right to the same shall be deemed forfeited.

 (Regulations as to successions)

ARTICLE 7. The President of the United States is empowered to declare such rules and regulations as will secure to the family, in case of the death of the head thereof, the use and possession of the tract assigned to him, with the improvements thereon.

(Annuities not liable for debts) 

ARTICLE 8. The antiquities of the tribes mentioned in this treaty shall not be held liable or taken to pay the debts of individuals.

 (Peace and friendship)

ARTICLE 9. The several tribes of Indians, parties to this treaty, acknowledge their dependence upon the Government of the United States, and agree to be friendly with all citizens thereof, and to commit no depredations upon the person or property of said citizens, and to refrain from carrying on any war upon other Indian tribes; and they further agree that they will not communicate with or assist any persons or nation hostile to the United States, and, further, that they will submit to and obey all laws and regulations which the United States may prescribe for their government and conduct.

 (Members drinking, etc. spirituous liquors, not to have the benefits of this treaty)

ARTICLE 10. It is hereby provided that if any member of these tribes shall drink any spirituous liquor, or bring any such liquor upon the reservation, his or her proportion of the benefits of this treaty may be withheld for such time as the President of the United States may direct.

 (Other tribes may be located on reservation – Proviso)

ARTICLE 11. It is agreed between the contracting parties that if the United States, at any future time, may desire to locate other tribes upon the reservation provided for in this treaty, no objection shall be made thereto; but the tribes, parties to this treaty, shall not, by such location of other tribes, forfeit any of their rights or privileges guaranteed to them by this treaty.

 (Treaty, when to take effect)

ARTICLE 12. This treaty shall bind the contracting parties whenever the same is ratified by the Senate and President of the United States.

(Execution)

In witness of which, the several parties named in the foregoing treaty have hereunto set their hands and seals at the place and date above written.

J. W. Perit Huntington, Superintendent Indian Affairs.
William Logan, United States Indian Agent.

La-lake, his x mark.
Chil-o-que-nas, his x mark.
Kellogue, his x mark.
Mo-ghen-kas-kit, his x mark.
Blow, his x mark.
Le-lu, his x mark.
Palmer, his x mark.
Jack, his x mark.
Que-ass, his x mark.
Poo-sak-sult, his x mark.
Che-mult, his x mark.
No-ak-sum, his x mark.
Mooch-kat-allick, his x mark.
Toon-tuc-tee, his x mark.
Boss-ki-you, his x mark.
Ski-at-tic, his x mark.
Shol-lal-loos, his x mark.
Tat-tet-pas, his x mark.
Muk-has, his x mark.
Herman-kus-mam, his x mark.
Jackson, his x mark.
Schon-chin, his x mark.
Stak-it-ut, his x mark.
Keint-poos, his x mark.
Chuck-e-i-ox, his x mark.
Kile-to-ak, his x mark.
Sky-te-ock-et, his x mark.

Signed in the presence of
R. P. Earhart, secretary.
Wm. Kelly, captain First Cavalry, Oregon Volunteers.
James Halloran, second lieutenant First Infantry ,W. T. Volunteers.
William C. McKay, M.D.
Robert , his x mark, Biddle.

 

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