REPORT OF THE DIRECTOR 1923 47 
due to the fact that these Indians were parties to well-defined treaties 
which they have endeavored themselves to keep with scrupulous re- 
gard. This has produced a singular condition of affairs in New 
York. The Indian governments claim that they are independent 
sovereignties having treaty relations with the United States but not 
under its control except as specified by the treaties. The Federal 
Government claims that they are wards, and as such are amenable 
to federal control. Nothwithstanding this claim, the Federal 
Government has done nothing to assist these Indians in attaining 
civilization and competency, save for a few instances when pupils 
are received in government schools. On the other hand, the State 
of New York for more than a century has supplied for the Indians 
schools, orphanages, health supervision, charitable aid, and even pro- 
vided certain scholarships in normal schools. It has built and main- 
tained for them roads and bridges. Before New York was a state 
in the federation, it entered into treaties and agreements with the 
Indians, and the first State Constitution gave the Governor and the 
Legislature the right to treat with the Indians. When the State be- 
came a part of the Nation it still persisted in its rights in this direc- 
tion and repeatedly passed laws aiding and regulating Indian affairs, 
many times at the request of the Indians themselves. The Seneca 
Nation in its constitution of 1848 recognizes the right of the State 
_ to intervene and to legislate for it. 
Under the Woodbury opinion, rendered by the State Attorney 
General’s office, it is now held that the State never did have the 
right to legislate for the Indians and that all such legislation is in- 
valid. For example, the State can not under this decision enforce 
the compulsory education act, though it supplies the schools. 
Under the conditions of this triangular contention, it is held by 
many friends of the Indians that reservation conditions are not 
such as are best for the Indian people. All friends of the Iroquois 
agree that something must be done to fix definitely the legal status 
of the Six Nation People. In 1920 at the Rochester meeting of the 
Indian Welfare Society, the Archeologist suggested that the Federal 
Government begin suit in the Supreme Court against the State ot 
New York, for the purpose of testing and determining the relative 
rights of the State and the Nation over the reservation Indians. Ap- 
parently this suggestion has borne fruit and now plans are under 
way to start such a suit. As a member of the State Indian Com- 
mission the Archeologist has been active in endeavoring to obtain 
legal action along these lines. With the abolishment of that com- 
mission, the Archeologist was appointed by the Secretary of the In- 
