REPORT OF THE DIRECTOR 1923 81 
2 If the Federal Government wishes, however, that New York 
continue this work, then Congress should pass an act giving New 
York authority to enter the reservations and maintain such bene- 
fits and institutions. The Federal Government and the Indian 
tribal governments place the State in an anomalous and well-nigh 
impossible situation when each expects New York to. provide the 
benefits of civilization for these Indians, to place the institutions 
and improvements of the State on the reservations, and then forbids 
the State the right of exercising jurisdiction over the Indians so 
benefited. 
New York State is entitled to relief, and the Indians are entitled 
to better treatment. These Indians should no longer be compelled 
by the laissez faire attitude of Congress to be the prey of continual 
uncertainty and conflicting authorities. 
It is therefore recommended that the Legislature of New York 
through the Attorney General and representatives of each State De- 
partment having relations with the Indians of the State, make a re- 
quest to the Federal Government that Congress provide by the en- 
actment of law a declaration of the status of the New York Indians, 
such declaration to be preceded by a suit in the Supreme Court of the 
United States for the purpose of determining the legal status of 
these Indians in accordance with existing laws and treaties. Even 
without this decision in hand Congress may easily declare the status 
of these Indians in accord with the joint interest of the people of the 
State surrounding them, and the Indians themselves. 
The logical supervision of the New York Indians is by the State, 
but as court decisions seem to determine that this supervision rests 
entirely with the Federal Government, it would appear that the 
Federal Government should exercise its legal supervision, and no 
longer, with apparent apathy, neglect and even refuse to do so. 
Continuing to fail, the Federal Government should empower the 
State to deal legally with its logical right. 
The foregoing observations are submitted in discharge of my 
duties as secretary of the commission and as the representative of 
the State Department of Education. It is believed that some of 
these facts and conclusions ought to be considered in drawing up 
recommendations for the untangling of the involved legal status of 
the New York Indians. 
Indeed these statements were brought to the attention of the 
various members of the commission, the Speaker of the Assembly, 
the Attorney General and Assistant Attorney General A. F. Jenks 
and other interested parties, in anticipation of the meeting of the 
Indian Commission at which the commission’s report should be 
adopted. 
