Press Release, Veto Message from President Harry S. Truman to the United States Senate

# 1249 296 HOLD FOR RELEASE HOLD FOR RELEASE HOLD FOR RELEASE asd 25, 1947 GON IDENTIAL: To be held in STRICT CONFIDANCE and no portion, the synopsis or intimation to be given out or published until the READING of the President Message has begun in the Senate. Extreme care must therefore be exercised to avoid premai publication. CHARLES G. ROSS Secretary to the President TO THE SENATE: I return herewith without my approval S. 403, "Authorizing the issuance of a patent in fee to Gideon Peon." The effect of this measure would be to enable Mr. Peon to terminate at will the trust under which the United States now holds the lands allotted to him on the Flathead Indian Reservation, and to permit him to demand a conveyance of the lands free from the restrictions on NARA alienation now imposed by law. The situation here presented is one which involves the performance of trust agreements that the United States is bound faithfully to execute, as distinguished from the continuance of a personal disability. Mr. Peon, in common with other Indians, is entirely free to purchase lands or other property, and to sell the same as he pleases. What is here in question is land that forms a part of the ancestral tribal holdings of the Flathead Indians, and a part of an area which, pursuant to varicus arrangements with these Indians, has been divided among the individual members of the Flathead Tribe. Mr. Peon obtained a share in this division of the tribal patrimony solely because of his membership in the Fla'thead Tribe. Under the terms of the allotment arrangements, and the implementing statutes, he has no right to alienate the lands allotted to him without the consent of the United States, acting in its capacity as trustee of the lands. Such approval may now be granted by the Secretary of the Interior should it be found that Mr. Peon is competent to manage his affairs. In the performance of the existing trust obligations consideration must be given to the question of whether a sale of the lands would promote the best interests of all concerned. These include Mr. Peon, as the beneficiary of the trust, and the Flathead Tribe, as a party to its creation and maintenance. Indicative of the interests of the latter is the fact that the treaty confirming the Indian title to the Flathead Reservation expressly declared that the reservation should be for the exclusive use and benefit of the Flathead Tribe, and that non-Indians should not be permitted to reside thereon without the permission of the Tribe. In the present case the record does not clearly indicate that termination of the trust would be to the best interests of Mr. Peon. The lands that would be released currently yeild him a rental of more than six percent on their estimated value, and the possibilities for reinvesting the proceeds of a sale are limited by current market conditions. On the other hand, the record does dlearly indicate that termina- tion of the trust would violate the best interests of the Fla thead Tribe. The economic well-being of this group of citizens is vitally dependent upon the continued ownership and use by them of the remaining Indian grazing lands on the Flathead Reservation. Mr. Peon's allotment is so located that its sale to a non-Indian would tend to diminish the utility of adjoining Indian lands, and to hamper the development of workable Indian grazing units in the area. Consolidation of scattered tracts into such units is essential if the Flathead Indians are to enjoy a decent living. In these circumstances it seems to me that the responsibilities of the United States for the faithful discharge of its trust obligations pre- clude the granting to Mr. Peon of the right to terminate at will the existing trust of the lands allotted to him. (OVER)