Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1940-06-15
Indian Gold

taken until settlement according to
whatever the interest rate was at the
time it was taken"
The Iowa representative commented
on the fact that the interest would
amount to more than the premium.
ut depends upon the amount Of In
terest," countered ROwlodge.
Three times as much" said Gil
christ.
REPRESENTATIVE Gilchrist thought, he
said. Il would not make any difference
whether the principal was 81 or q
million dollars, the interest would
amount to 200 or 300 percent on the
principal
$50 after ALL" he continued, "it does
not depend on the amount found. The
I interest in any event would be two or
/ three times the amount Of the prin-
4 cipal You are asking that, aren't you2"
Yes" said Rowlodge.
/ Representative OConnor OF Mon
tana, author of the jurisdictional bin
for the Arapahoe and Cheyenne In
dianS when Attorney Goodwin was
testifying at the hearing, brought up
the Black Hills case quite inadvertant-
ly when Goodwin stated:
Il overlooked one thing neglected
TO state that there was a bill passed
by congress permitting the Arapah0es
and CheyenneS to intervene In the
Sioux case In connection with the
Black Hills. A petition was filed IN
Intervention but that In my judgment
is the weakest case. II that was the
only case, do not believe would act
for them as the chances are that they
would recover nothing out Of the Black
Hills case. I think the Black Hills area
is entirely outside that described In
the treaty Of 1851. Under the proceed
ing Of the court of claims we must
base our claim on some treaty or agree
ment with these Indians"
THE Sioux had q treaty about the
Black Hills?" interpoSed Representa-
tive Gilchrist.
yes" Goodwin replied, "but the
Arapahoes and the CheyenneS were
not parties to that particular treaty.
The Arapahoes and the Cheyennes did
join In a ceSsion to the United States
of some Of this land but that does not
include the Black Hills and doubt
very much If the Black Hills suit has
anything whatever TO do with the
claims of the Arapahoes and the
Cheyennes.
Claim Would Total Millions
Now, there Is q claim as indicated
by one of the witnesses in Colorado
prior to the treaty Of 1861. Some gold
treaty lands at that time and after
ward they had the notorious 'Chiving-
ton massacre when some 500 Arap9-
hoes and Cheyenne Indians were shot
down by American soldiers. Those
tribes then owned this land on which
gold was found and subsequent to the
massacre the treaty was made and this
land was ceded to the United States. !
There was gold that was removed prior
to the date of that treaty as shown
by the records 1t Is q very difficult
matter to prove, and that Of course I
comes within the purview OF this act (
and the Indians should be entitled 20 (
this royalty that is provided Of one
eighth. The best records that I could I
from seven to eight million dollars Of /
gold has been unlawfully taken from !
the land and one-eighth OF that would |
go to the Indians"
THAT would be the royalty on the |
gold2" asked O'Connor.
Eyes"
How long ago was that when it
occurTed?"
'It would be along In the early six !
ties before the treaty OF 1851"
In reply to O'Connor's question If I
there was any doubt about the owner |
ship Of the land at that time. Goodwin |
said 1t was covered by the treaty with |
LQo ArapaQO6S ana C0Gy6uueS, ana /
was set out in the Fort Laramie treaty |
Of 1851.
"And that treaty was superseded by /
subsequent treaties2" asked Represen- |
tative Gilchrist.
eyes"
"And then there was subsequent
treaties?" he asked again
Eyes; when they ceded the land, but |
nothing was said at that time In re-
gard to these gold deposits that were /
found and no provision was made for /
their compensation" Goodwin an
swered
The situation In which the Indians
find themselves, as Goodwin points out, I
is aptly stated or implied In the Ian [
guage of Justice Van Devanter, in an |
opinion of the supreme court Of the |
United States, in United States VS.. /
Greek nation of Indians (295 U. s. 103). 1
One citation will give a true and I'M
chalengeable picture Of the Indian /
tribal dilemma. He said:
THE tribe Is a dependent Indian /
community under the guardianship of (
the United States, and therefore its