2704 S.rp.49051-1ClaimsReport : Claim of of P. Sinnott.  [2810] Indian agent at the Grande Ronde
agency, Oregon.1890-12

House of Representatives Report No. 1202, 51st Congress, 1st Session (1890)

English

51-2ClaimsReport : Claim of of P. Sinnott. [2889] Indian agent at Grande Ronde agency in Oregon.1891-12

House of Representatives Report No. 3985, 51st Congress, 2nd Session (1891)

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51ST CoNGR:ffiSS, } HOUSE OF REPRESENTATIVES. 2d Session. P. B. SINNOTT. { REPOR•l• No.3985. FEBRUARY 24, i891.-Committed to the Committee of the Whole House and. ordered. to be printed. Mr. RAY, from the Committee on Claims, submitted the foliowing REPORT: [To accompltny S. 632. j The Committee on Claims, to whom was referred the bill (S. 632) for the relief of P. B. Sinnott, late Indian agent at Grande Ronde .A.g·encyi in the State of Oregon, respectfully recommend its passage. The committee have heretofore fully considered Honse bill No. 4155, for the relief of the said Sinnott, which bill is identical in language with the Senate bill, and have reported it to the House (Report No. 1~02) with a favorable recommendation. The substitution of the Senate bill for the House bill is recom-mended and that the latter lie on the table. 0 

P. B. Sinnott.

51ST CoNGRESS, } HOUSE OF REPRESENTATIVES. 1st Session. P. B. SINNOTT. { REPOR'l No.1202. ·APRIL 2, 1890.-Committed to the Committee of the Whole House and ordered to be printed. Mr. RAY, from the Committee on Claims, submitted the following REPORT: [To accompany H. R. 4155.1 The Committee on Claims, to whom was referred House bill No. 4155, for the relief of P. B. Sinnott, late Indian agent at Grande Roude Agency, in the State of Oregon, having carefully considered the same, respectfully recommend its passage. The facts in the case are set forth in a report made by the Commit-tee on Claims of the Senate, Fiftieth Congress, first session, which is hereby adopted ar.d made a part of this report: 2 P. B. SINNOTT. Senate Report No. 365, Fiftieth Congress, first session. FEBRUARY 23, 1888.-0raered to be printed. Mr. MITCHELL, from the Committee on Claims, submitted the R .EPORT: [To accompany bill S. 570.] The Committee on Claims, to u;lwm was referred the bill ( S. 570) for relief of P. B. Sinnott, late Indian agent at Grande Ronde .... L~,v·~v.,. of Oregon, having had the same under consideration, submit the ing report: A bill for the relief of Mr. Sinnott was before this committee at first session of the Forty-ninth Congress, at which time the report was made, which this committee adopts as part of this so far as it is applicable to tbe present bill: The facts of this case are as follows : The claimant, P. B. Sinnott, was United States Indian agent at Grande Agency, Oreg., from April1, 1872, to December 24, 1885. On July 1, 1874, ported to the Commissioner of Indian Affairs the appointment of C. D. Folger perintendent of farms and mills at his agency, at a salary of $1,000 per annum. appointment was never confirmed by the Commissioner. On July 7, 1874, seven days after 1·eporting the employment of Folger to said tion, and, ashe states, before he was aware of the benefit of Folger's Amnlnovn1oAn1 wrote the Commissioner not to confirm said appointment. The Comunis1sio1ner wrote Sinnott, under dat.e of July 25, 1874, in answer to his "report of and letter of the 7th requesting his disapproval, informing him that Mr. services "ere not needed. In the mean time, as appears from the statement of the agent under oath and circumstances connected with the case, the situation at the agency bad The neighboring Indian tribes had taken up arms against the whites. most savage and cruel tribes on the coast, to wit, the Rogne Rivers, Caw Shastas, and Umpquas, were located on the Grande Ronde Reserve, and much tion, it would seem, was require<l on the part of the agent to prevent them from ing the hostiles. The different tribes were then living in towns, and the agent it important to immediately allot them lands in severalty, and by that certain degree break their tribal relations. The preliminary steps bad taken, the Government had consented to the measure, and the survey had been some years before. Owing to the nature of the ground this was a nost dertaking. The claim corners were mostly in the timber, and it seemed to as he states, that Mr. Folger was the only one available conversant with the He then again wrote the Commissioner, asking his consent to employ Folger salary h~retofore mentioned. To that letter he received no answer. Mr. Sinnott swears positively that the letters from E. P. SmHb, Comm Indian Affairs, and H. R. Clum, Acting Commissioner, under dates of SeJltmnbe 1874, and March 9, 1875, respectively, alleged to have been mailed to him, received; that the first knowledge be bad of their existence was the day set hearing of the case of the United States against him, hereiuafter referred to. He continued Folger in his employ for about t.wo years. During all that quarterly reported his employment, and the Department, as stated by him, jected, and by its silence be was led to believe appreciated the si . · satisfied with his employment. The papers in the case also show that time Sinnott sent semi-annm~l estimateij for funds for the payment of C. D. P. B. SINNOTT. 3 l'att·pmrint.( milertt of farms and mills at Gmnue Ronde Agency, and the CommisRionE>r1 of refusing then to acknowledge the employment, regularly transmitted t.he asked for. The Acting Commissioner's letter transmitting these funds for third fourth quarters was as follows: DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, D. C., October 26, 1876. SIR: I have this day caused a requisition to issue for the sum of $3,000, to be placed to your credit with the I<'irst National Bank of Portland, Oregon, from the appropria-tions and for the objects designated in the tabnlar statements herewith-for the proper care and disposition of which sum you will be held to account under your bond-one-half of the appropriation for the Molel Manual Labor School, and pay for lf and interpreter for the third and fourth quarters. Also, pay for the Sltperin-of farms and ndl1s, for sawyer and miller for the months of July and August, d for general incidental expenses of the agency and for your traveling ex-are remitted. .. Very respectfully, P. B. SINNOTT, Esq., • .. N. A. GALPIN, Acting Commissioner. U. S. Indian .Agent, Grande Ronde Agency, Oregon. Whereupon Mr. Sinnott paid Mr. Folger at the rate aforesaid, took his receipt there-in due form, and quarterly reported ouch payments, as will be seen by the follow-copy of voucber No. 2, firHt quarter 1875: The United States to C. D. Folger, Dr. ber 31, 1874. For six months' services as superintendent of farms and mills at Grande Ronde Indian Agency, Oregon, from July 1, 1874, to December 31, 1874, inclusive, at $1,000 per annum .. _---.·----........................ $500 Received at Grande Ronde, Oregon, January 12, 1875, ofP. B. Sinnott, United States agent in Oregon, $500, in full for the above account. c. D. FOLGER. I certify on honor that the above account is eorrect and just, that I have actually, 12th day of J ann~Jry, paid the amount therefor. P. B. SINNOTT, United States Indian Agent. The above is one of a series of payments and vouchers on account of such service which payments the Indian Department made no objection. The knowledge of loyment was brought before tho indian Department each llttarter dur-emtnliOVJment at the agency, and as no objection was mado the agent states he appointment was approved, and he continued to retain him in good faith, as he supposed, as stated by him, 'vith Department sanction. He states further the Commissioner notified him of his objections at the first or a11y snbseqnent be would have discharged him regardless of his necessity, and thus payments exception was taken woultl have been avoided. show that tho last two months of Mr. Folger's employment were al-See copy of letter of Acting Commissioner N. A. Galpin, dated October 26, referred to.) 'fhe agent asserts, under oatb,-he had no intimation of ,di~la.norc•val of prior payments made to Folger until some years after his (Folger's) The last payment maclo by Sinnott, as agent, to }'olger, as superintendent and mills, was made December 23, 1876. The amonnt was $L55.55 for serv-Auperintendent of farms and mills at said agency from July 1 to August at $t,OOO fler annum, $155.55. ent was allowed by the Department and paid. The sum total of the paid Ly Sinnott, as such agent, to C. D. Folger, for and on account of such and for which his vouchers were suspended by the Department, was ently, in the fall of 1885, snit was brought against Sinnott and his bonds-is official bond as such agent in the United States district court for the dis-regon. A statement of the character of that suit and the amounts in con-will be seen from tho certificate of Hon. James F. Watson, late attorney of Sta.tes for the district of Oregon, who, on behalf of the United States, ~'secut€:d the actiou agaiust Sinnott and his sureties, as follows: ".AiJ attorney of the United States for the district of Oregon, I prosecuted the case 4 P. B. SINNOTT. of the United States against P. B. Sinnott to recover balances alleged to be due on ofiicial bonds. The principal items of difference between Mr. Sinnott and the ermnent arose upon his claim to be allowed moneys paid for salary for C. D. superintendent of farms and mills. 1\fr. Sinnott claimed, and I think in that the services of Mr. Folger were necessary upon the reservation, h would have been discharged had he known that it was the wish of the nAn!u·t.m,An1h that he should be discharged, but that having written and requested a revoca the order disapproving his first appointment and having received no answer to letter, he believed it had been revoked, or at least his continued employment t.ioned; <tnd Mr. Sinnott testified, and I think truly, that be did not receive the two letters from the Department persisting in the disapproval of the appoin Folger, and suggested that probably Folger, who was his clerk, may have taken suppressed those letters. I t.hink this theory is quite probable from all the stances in the case. ''The court in deciding the case refusing to allow Mr. Sinnott in his accounts the moneys paid Folger, acted upon the theory that the first letter disapproving of Fol· ger's appointment was enough, and that thereafter Sinnott, no matter what he may have written to the Department, to which he received no answer, had no right to think he was authorized to continue to employ Folger. I think this theory is strictly correct and that the court, in trying the st.rict legal rights of the parties, could no* well have adopted any other, but I think that equitably, Sinnott having acted under a mistake as to his rights and duties in the premises, and the Government having had the benefit of the employment and services ;)f Folger, this is a proper case for relief; not through the courts but through legislation. "Mr. Sinnott, I am satisfied, bas been a verJ honest officer and very faithful in discharge of his duties, and in this case he has been guilty only of a mistake as to rights and duties in the premises. " Very respectfully, ,, JAMES F. WATSON." As bearing upon the integrity and faithfulness of Mr. Sinnott, Hon. R. H; Lamson, formerly a lieutenant in the United States Navy, now clerk of the United States courte for Oregon, submits the following certificate: [Office of the clerk of the United States courts for the district of Oregon.] PORTLAND, OREGON, March 15, 1886. I hereby certify that I have known Mr. P. B. Sinnott, late United States Indian agent for the Grande Ronde Reservation, during the last fifteen years; that I resi for several years in the vicinity of the reservation while Mr. Sinnott was agent; and I know of my own personal knowledge that Mr. Sinnott was COilSil:lered : by the people living in the vicinity of the reservation antlllaving knowledge of character of his administration to be an efficient, honest, and faithful agent, {lischarged all his duties to the best of his knowledge and ability, and to the satisfuction of all concerned. R. H. LAMSON, Clerk United States Courts, Oregon. The following affidavits of Ron. W. K. Kuykendall, Ron. G. C. Litchfield, H. c_ Rowell, and A. D. Babcock will show the necessity for the employment of some such person as Mr. Folger in the capacity in which he was employed: STATE OF OREGON, County of Polk, 88: I, W. H. Kuykendall, being first duly sworn, say I am a resident and holder of Polk County, Oregon, and have been for the past thirty-two years; residence is situate 2-! or 3 miles distant from the Grande Ronde Indian that I am a farmer and cattleman, and as a result of said avocations 1 thrown in daily contact with the Indians of saitl Grande H.onde Agency, buying trading cattle with them, and became thoroughly acquainted with them, their positions, requirements, and necessities; that it is and always has been n employ a competent man to assist the agent in performing the duti~s devol vi him in the capacity of agent of said reservation, and C. D. Folger was emp such competent person to render the aforesaid assistance in the capacity of su tendent of farms and mills; that I believe that the employment of the saicl Folger was a necessity for J;he welfare of the Indians on this the aforesaid Ronde Reservation. W. H. KUYKENDALL. Subscribed and sworn to before me this 27th day of February, 1886. LSEAL.] J. T. SIMPSON, Nota1·y Publio P. B. SINNOTT. 5 STATE OF OREGON, County of Polk, 88: I, G. C. Litchfield, being first duly sworn, say I am a resident of Grande Ronde, Polk County, Oregon; that I am engaged in a general merchandise businees in said place; that my place of business is situated 2t miles distant from Grande Ronde In-dian Agency; that I have been engaged in said business in the aforesaid place for more than twenty years; that the Indians traded at my store, and I was a11d am per-sonally acquainted with them, their habits, dispositions, and necessities; that it is and always has been necessary to employ a competent man to assist the agent in per-forming the duties devolving upon him in the capacity of agent of said reservation, and that C. D. Folger was employed as such competent person to render the aforesaid assistance in the capacity of superintendent of farms and mills; that I believe that the employment of the said C. D. Polger was a necessity for the welfare of the Indians on the aforesaid reservation. G. c. LITCHI!'IELD. Subscribed and s orn to before me this 27th day of February, 1886. [SEAL.] J. 1'. SIMPSON, Nota1·y Public. STATE OF OREGON, County of Polk, 88: I, A. D. Babcock, being first duly sworn, say I am a resident and property-holder of Polk County, Oregon, and have been for the past thirty-three years; that my resi-dence is situated 2t miles from the Grande Ronde Indian Agency ; that I am a farmer and stock-rai!ffir, and as a result of being so located I became thoroughly acquainted with the Indians, their dispositions, requirements, and necessities; that it is and always has been necessary to employ a competent man to assist the agent of the afore-said agency in discharging the duties devolving upon him as said agent; that C. D. Folger was employed as such competent person to render the aforesaid assistance in the capacity of superintendent of farms and mills; that there is now and has been a person to perform said duties, but under a different name, and I believe that the em-ployment of the said C. D. Folger was a necessity for the welfare of the Indians on this the aforesaid Grande Ronde Indian Reservation. A. D. BABCOCK. Subscribed and sworn to before me this 27th day of February, 1886. [SEAL.l J. T. SIMPSON, - Notary Public. STATE OF OREGON, County of Polk, I, H. C. Rowel~, being :first duly sworn, sa.y I am a resident and property-holder of Polk County, Oregon, and have been for the past ten years; that my residence is sit-uate 3 miles distant from the Grande Ronde Ir.dian Agency, and that I am a farmer and lumberman, and as a result of being so located I became thoroughly acquainted with the Indians, their dispositions, requirements, and necessities; that it is and al-ways bas been necessary to employ a competent man to assist the agent in performing the duties devolving upon him in the capacity of agent of said reservation, and C. D. Folger was employed as such competent person to render the aforesaid assistance in the capacity of superintendent of farms and mills; that I believe that the employ-ment of the said Folger was a necessity for the welfare of the Indians on the aforesaid reservation. H. C. ROWELL, Subscribed and sworn to before me this 4th day of March, 1886. [SEAL.] D. w. SEARS, County Clerk. By D. T. SEARS, Deputy. As a result of said suit a judgment was obtained in said circuit court of the United States for the dh>trict of Oregon on January 15, 18t36, in favor of the United States of America, plaintiff, v. Claimant Patrick B. Sinnott, and Luzerne Besser and E. Cabalin, sureties on his official bond, for the said sum of $1,565.14, being the amount of money paid by said Sinnott, as such Indian agent, to said C. D. Folger, and which amount was disallowed in the settlement of his accounts in the Departments and also by the court on the trial of said case. Wherefore, in view of all the circumstances of this case, your committee are of the opinion that in justice and equity neither Mr. Sinnott nor his sureties should be compelled to pay this judgment or any part ofit, save and except for costs and dis-bursements of the action. Wherefore your committee report back Senate bill 2000, and recommend its passage with an amendment inserting in the blank the following words: "Fifteen hundred and sixty-five dollars and fourteen cents." 6 P. B. SINNOTT. It appears from the records of the circuit court of the United for the district of Oregon that t.hese transactions led to two suits said Sinnott and his sureties in said court on two different b being against said Patrick B. Sinnott as principal, and J.Juzerne and E. Cabalin as sureties, and in which, on January 15, 1886, j ment was rendered in said court for the sum of $1,565.14, together costs and disbursements; and the other being against said Sin principal, and Nicholas B. Sinnott, Daniel Handley, and W. W. as sureties, and in which, on January 15, 1886: a judgment was reiJtdelreG;: for $581.25 and costs and disbursements. The bill reported at the last Congress passed the Senate. quently, executions having been issued on these judgments, Mr. ~'"''""'il+l paid the whole of each thereof, principal, interest, and cost, to United States, and the same, excepting costs, has been covered into Treasury. The sum total of the principal alone so paid was $2,1 Your committee are clearly of the opinion this money should be funded to Mr. Sinnott. They therefore report the following bill as substitute for S. 570, and recommend its passage. 

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P. B. Sinnott.

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