Inspector Linnen and myself made an accurate roll of the full-blood Indians. We did not trouble ourselves concerning the mixed-bloods, who were citizens, and under the law can dispose of their property. We were sent to Minnesota to make an investigation as to the full-blood Indians, and our work was confined to these Indians. If I remember correctly, we entered five hundred and fifteen names.
The oldest and most reliable men of the tribe were assembled at the various points where we investigated. These men knew all of the Indians living in certain parts of the reservation, and their parents. In many instances, they knew the grandparents and whether they were full-blood or mixed-blood Indians. Through the assistance of two or three interpreters, we carefully examined the witnesses in the presence of those old men. An affidavit was drawn, in accordance with the facts, and each witness attached his thumb-print thereto. On page 81 I present a photographic copy of an affidavit taken by Mr. Linnen. It will be observed by study of this that the testimony was exact in detail, and the Indian proved to be a full-blood. If this plan were followed on all the reservations in the United States, accurate lists of Indian population would result. The list was made on ethnological lines. The trouble has been, that men who were not acquainted with Indian customs or descent, and who did not assemble together a sufficient number of the older Indians, have attempted to make these rolls.
At the conclusion of our work at White Earth, the affidavits, the rolls, and other papers were given to the Indian Office, and submitted by them to the Department of Justice. The Department accepted our affidavits and put them in legal form and began prosecutions, which have extended down to the present time.
When Hon. Marsden C. Burch had charge of the White Earth cases for the Attorney General, Mr. E. C. O’Brien served as his assistant. Hon. C. C. Daniels succeeded Judge Burch, and Mr. O’Brien is associated with him in the prosecutions. Mr. O’Brien kindly read proofs of my White Earth chapters and offered suggestions. Mr. O’Brien says:—
“All suits are based on the Linnen-Moorehead roll, except a few suggested by Mr. Hinton. The Hinton roll includes all Indians on the reservation, and was prepared to determine who were entitled to fee simple patents.”[14]