UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF THE SOLICITOR
WASHINGTON

February 26, 1940.

MEMORANDUM for Mr. Watson:

I would like to have you go over to the Department of Justice this morning to make a check on the condition of the mimeographed statutes and treaties.

In making this check I would like to have you pick out at random five sample volumes for which mimeographed copies of the statutes are within easy reach. Using Miss Renner's check list of the statutes and treaties as a guide, select the first two statutes in each of these five volumes. Count the number of copies of each statute available—but if there are more than 75 copies do not bother to count beyond that point. Just note that there are for the particular statute "more than 75 copies." If some of the copies are seriously torn or defaced, so that there are less than 75 readable copies, make a note of the fact.

Please remember that 1,000 copies were made of each statute in the first four volumes. It may be that these large packages are stored separately.

If you find it practicable to measure the number of pages in a flat pile with calipers, with a margin of error of not more than 6 percent, you may be able to save the time it takes to count pages. When you have finished this job, or are near the end, please call me, and I will come over to the Department of Justice to see the results and to answer questions that may arise in the course of the job.

Felix S. Cohen,
Assistant Solicitor.

March 6, 1940.

MEMORANDUM on Indian Law Survey Work - March 6:

Mr. Capo-Rodriguez, reviewing chapter 18 until further notice.

Mrs. Pollitt, working on chapter 17, then on chapter 12, will work on chapter 11.

Miss Renner, to spend the entire day annotating table of statutes.

Mr. Karsten, working on chapter 15 until further notice.

Mrs. Lobell, to work at completing chapter 32; to take dictation from Mrs. Pollitt on chapter 17.

Mr. Watson, to replace all outstanding files (except those in actual use) in filing cases; then to add all missing items (legal books, periodicals and Government documents) to files, attaching slips to index pages where these pages have already been typed.

Miss Mitchell, working on index pages under Miss Renner's direction.

Miss Langley, working on index pages under Miss Renner's direction.

Mr. Cohen, reviewing chapters 8 and 27 until further notice.

March 11, 1940.

MEMORANDUM on Indian Law Survey Work - Week beginning March 11, 1940:

Mrs. Pollitt, working on chapter 12.

Miss Renner, supervising preparation of topical index; completing pages of topical index already typed; preparing annotated table of statutes.

Mrs. Lobell, rechecking check list of Solicitor's opinions; upon completion, to check and type chapter 17.

Mr. Watson, to assist Miss Renner in preparation of annotated table of statutes and in checking of topical index sheets; to arrange topical files.

Mr. Cohen, reviewing chapter 8 and writing chapter 14.

March 25, 1940.

Handbook of Federal Indian Law

Progress Report

CHAPTER

1. The Indians and the Indian Country - to be written bird's eye picture of the individuals and tribes that constitute the subject of the work - some basic statistics - definition of Indians - definition of Indian country- definition of Indian reservations -- series of maps of reservations for different periods.

2. The Office of Indian Affairs - partly written two parts -(1) description of structure and functions of Office as it operates today - relation to department and field. (2) history of structure and of the policy of the office - how set up - development and expansion - various policies governing its activities from time to time. to be written by Mr. Haas, Mr. Cohen, Lucy Kramer.

3. History of Indian Treaties - 1st draft completed to be revised by Miss Morris

4. History of Indian Legislation - to be written to be handled same as treaty chapter - but only 20 or 30 basically important statutes, giving historical setting of each purposes designed to serve - not possible to go into complete analysis or interpretation - to be written by Miss Morris.

5. The Scope of Federal Power over Indian Affairs - partly written most important chapter in the book

6. The Scope of State Power over Indian Affairs - not written - ought to deal with a number of difficult theoretical problems with respect to the original and delegated jurisdiction of different states with respect to Indian Affairs.

7. The Scope of Tribal Self-Government - to be written, Article by Mr. Cohen on Indian Rights and the Federal Courts (1940) 24 Minn. L. Rev. 145 to serve as first draft.

8. Personal Rights and Liberties of Indians - to be finished

9. Rights of Individual Indians in Tribal Property - finished

10. Rights of Individual Indians in Personal Property - finished

CHAPTER

11. Rights of Individual Indians in Real Property - to be written
   important chapter - ought to be compressed - almost entirely
   a matter of statutory law - can deal with readily by using
   annotated volume of U.S.C. - try to supplement rather than
   repeat U.S.C.

12. Federal Services for Indians - being written by Mrs. Pollitt

13. Taxation - writing depends on whether first draft obtained

14. The Legal Status of Indian Tribes - to be written -
   to deal with question of right of Indian tribe to sue, be sued,
   make contracts etc. - Mr. Cohen working on this.

15. Tribal Property - to be finished this week

16. Lessees, Licensees and Trespassers - not to be used as
   separate chapter

17. Indian Trade - finished

18. Indian Liquor Laws - finished

19. Indian Depredations - not to be written

20. Criminal Jurisdiction - to be written
   now have a series of memoranda which practically cover the subject -
   primarily a matter of statutes - Miss Renner.

21. Criminal Procedure - to be omitted

22. Civil Jurisdiction - to be written
   practically no statutes - necessary to work with the cases

23. Civil Procedure - to be omitted

24. Special Laws relating to Oklahoma - may be written

25. Pueblos - finished

26. New York Indians - to be omitted

27. Aleska - finished

28. Other Tribes under Special Legal Status - may be written

29. Table of Statutes and Treaties - being written

30. Table of Cases - finished

31. Table of Interior Department Decisions - finished

["March 25, 1940", "CHAPTER", "32 ...:..:..:..:..:..:..:..:..:..:..:..:..:..

March 26, 1940

MEMORANDUM on Indian Law Survey Work - Week beginning March 25, 1940.

Mr. Capo-Rodriguez, beginning work on chapter 22, Civil Jurisdiction.

Mr. Haas, revising chapter 8, Personal Rights and Liberties of Indians.

Mrs. Pollitt, working on chapter 12, Federal Services for Indians.

Miss Renner, preparing annotated table of statutes; supervising preparation of topical index and revision of pages of index already typed.

Mr. Karsten, working on chapter 15, Tribal Property.

Mrs. Lobell, checking citations chapter 18, Indian Liquor Laws; upon completion to type and check chapter 8; supervising stenographic assignments.

Mr. Watson, to arrange topical files; to check topical index sheets; to assist Miss Renner in preparation of annotated table of statutes.

Miss Mitchell, work on index pages under Miss Renner's direction; typing chapter 12 for Mrs. Pollitt.

Miss DeHaas, checking citations chapter 10, Rights of Individual Indians, Personal Property

Miss Martin, typing additions to chapter 15 for Mr. Karsten.

Mr. Cohen, reviewing chapters 10, 17, 18, 25.

April 5, 1940.

MEMORANDUM on Indian Law Survey Work - week of April 5 to April 12, 1940.

Mr. Capo-Rodriguez, working on chapter 6.

Mr. Haas, working on chapter 5.

Mrs. Pollitt, completing chapter 12.

Mr. Karsten, working on chapter 15.

Mrs. Lobell, checking citations chapter 8; supervising stenographic assignments.

Mr. Watson, arranging topical files; checking topical index sheets.

Miss Mitchell, assisting Miss Renner on annotated table of statutes.

Miss deHaas, checking citations, chapter 8.

Miss Martin, typing additions to chapter 15 for Mr. Karsten; assisting Miss Renner on annotated table of statutes.

Mr. Cohen, writing chapter 14.

Felix S. Cohen
Assistant Solicitor

FILE COPY

Surname:

May 3, 1940

Samuel Miller, Esq.,
Lands Division,
Department of Justice,
Washington, D. C.

Dear Sam Miller:

I should like very much to take advantage of your offer to help on the Handbook. I believe that the most important contribution that you could make would be to write up certain portions of Chapter 11: Rights of Individual Indians in Real Property, dealing with the following sections of Title 25 of the U. S. Code: Sections 331-341, 343-354, 357, 371-374, 376-379, 381-386, 391-396, 403, 404, 405, 406, 408, 409, 410, 411, 412, 413, 461-462.

I would suggest that you prepare a separate statement on each of these sections giving, concisely, its legislative derivation, noting the chief amendments that have been made, and summarizing the annotations given in U. S. Code Annotated.

Within the next two weeks I shall be able to assign another man to this job, and the two of you will be able to divide up whatever you have not been able to complete by that time. June 1 is my deadline for completion of the chapter. As rapidly as possible I will send you copies of other relevant chapters.

Please let me know how this assignment fits in with your plans and ideas.

COPY FOR THE SECRETARY'S OFFICE

[JUNE 1940]

Mr. Cohen

* Week ending April 27, 1940 - reviewing chapter 15 and finish chapter 14, The Legal Status of Indian Tribes. Help on 2.

* Week ending May 4, 1940 - begin chapter 7, The Scope of Tribal Self-Government and review chapters 6 and 12.

* Week ending May 11, 1940 - review chapter 5 and work on chapter 7.

* Week ending May 18, 1940 - review chapter 13 and finish chapter 7.

* Week ending May 25, 1940 - review chapters 3 and 20.

* Week ending June 1, 1940 - review chapter 28 and general review.