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another commission that was appointed by the President for the express purpose of making an investigation and a report on the condition of the California Indians, and the report of said commission was probably submitted contemporaneously with the 18 treaties, and the Senate not only rejected the treaties but did so by a unanimous vote.

It is my policy that, where Indians are without any tribal property and are in indigent circumstances, the Government should extend to them liberal aid in providing for their care and comfort and in aiding them in having the advantages of education and civilization to the end that they may not only become self-supporting but that they may become useful citizens of the country, with homes in which to live. The proposition as contained in the jurisdictional bills contemplates the ascertainment of a lump sum in the nature of compensation to be divided pro rata among the descendants of the 210,000 Indians said to have been in California in 1852, without any regard as to whether such persons are in need of assistance and without any regard as to their qualifications to wisely use the money that they might receive

My suggestion would be for a definite roll of the California Indians to be made, through this department, that would show the blood status of each Indian and his or her condition, to determine their actual needs, with a view to legislation that would have for its purpose extending to such Indians as are in need such necessary relief as would be for their best interests and advancement, including homes for those having families.

If I am convinced that more liberal appropriations should be made for the California Indians than have been made heretofore and bills should be introduced in the Congress having in view the relief that I have indicated, such bills will unhesitatingly have my recommendation; but I will not indorse bills providing compensation as is contemplated by the pending measures.

Fall, Secretary.

INDIAN BOARD OF COOPERATION,

Washington, D. C., February 25, 1922. The Hon. ALBERT B. Fall,

Secretary of the Interior, Washington, D. C. Dear Sir: In accordance with our conference with you yesterday, we have taken under advisement your proposal that the California Court of Claims bill be substituted by a measure authorizing your department to determine the needs of the California Indians and to render such relief as might, in your judgment, be found necessary.

After careful consideration of your proposal, we beg to advise you that we are not so much interested in the limited relief that might be obtained through gratuitous appro-. priations as we are in a just and final disposal of the California Indian problem. We believe that this can be done best under the provisions of the California Court of Claims bill. We, therefore, have agreed to press our case for the enactment of that bill.

We have reached this decision after carefully reviewing the scanty relief heretofore granted to the California Indians in the form of gratuitous appropriations by the Congress, the great stress that is now being placed on economy, and the further fact that it is not reasonable that this Congress could, in its short life, conclude the work, and that it would have to be resumed by another Congress, which might adopt an entirely different policy

We sincerly hope that your sense of justice and interest in humanitarian questions will be assurance to us that you will use your good office to assist in every way possible to reach an early and satisfactory settlement of the California Indian problem. Sincerely yours, ALBERT WILDER.

ALFRED GILLIS.
FRANK ISLES.

STEPHEN KNIGHT.
ALBERT JAMES.

WILLIAM FULLER. THOMAS W. BILLINGS.

HARRISON DIAZ. A. J. HOGAN. Mr. RAKER. So that we may have the full case before the committee, I ask that the statement of the California delegation, showing their attitude, go in also. (Said statement follows:)

WASHINGTON, D. C., February 2, 1922. To the Hon. ALBERT B. FALL,

Secretary of the Interior, Washington, D. C.: We, the undersigned members of the California congressional delegation, respectfully petition you for an early and favorable report on the California jurisdictional bills, S. 2236 and H. R. 4383. These are companion bills conferring jurisdiction upon the Court of Claims to hear and determine the rights of the California Indians.

We are familiar with your report of June 17, 1921, addressed to the Hon. Homer P. Snyder, chairman of the Committee on Indian Affairs of the House of Representatives. We note your statement concerning the deplorable condition of the California Indiana and that in your opinion there would seem to be no necessity for action by the Court of Claims.'!

A proper investigation and determination of these claims involves a detail of work that will necessarily extend beyond the life of any one Congress. We believe the Court of Claims to be the only established Government agency qualified to reach such a determination. We feel that any just disposal of the matter is impossible without the aid of the United States Court of Claims. It is but reasonable and just that the California Indians should be given the opportunity to fully present their claims to that court. The precedent of the Court of Claims procedure is a long-established one.

In further support of our position that the California Indians should be given the privilege of presenting their claims to the United States Court of Claims, we attach a copy of the report of the House Committee on Indian Affairs on II. R. 12788, dated April 15, 1920. The California jurisdictional bills now pending are indentical with the one referred to in this report. The committee in its report stated in part:

“These Indians have long been pleading for an adjustment of their claims, and for reimbursement for the lands which were formerly occupied by them. Your committee therefore believes that they should have their cause fully and judicially heard by the Court of Claims.

“We therefore believe that H. R. 12788 gets at the California Indian problem in a very fundamental and practical manner and that it also gives the best assurance possible for a satisfactory and final and early settlement of the California Indian question. Further, this proposed legislation, if enacted, would in no way go to the question of California land titles or disturb existing property rights."

The Senate and House committees of the Sixty-sixth Congress unanimously approved H. R. 12788. The Senate passed the bill on its Unanimous Consent Calendar, but because of congestion on the House Calendar the bill did not reach consideration by the House.

There appears to have been a few small bands or tribes of Indians who were overlooked by the Federal commission that negotiated treaties with the California Indians in 1851-52. With reference to these Indians, with whom no treaties were made, the late Secretary of the Interior, Franklin K. Lane, under date of February 9, 1920, said:

"As these bands or tribes of Indians in California have, prima facie, a meritorious claim against the United States, and the said bill properly protects their interests and the interests of the Government as well, I recommend that it receive your favor· able consideration."

Respectfully yours,
Hiram W. Johnson, United States Senator; Samuel M. Shortridge, United

States Senator; Clarence F. Lea, First Congressional District; John E.
Raker, Second Congressional District; John 1. Nolan, Fifth Con-
gressional District; Julius Kahn, Sixth ('ongressional District; H. E.
Barbour, Seventh Congressional District; Walter F. Lineberger,
Ninth Congressional District; Henry Z. Osborne, Tenth Congressional

District; Phil D. Swing, Eleventh Congressional District. The CHAIRMAN. The clerk advises me that there are 350 copies of that hearing on hand, so that we will not need any more.

Mr. Raker. Please do not make that definite, because the 350 would not give a copy to each member.

The CHAIRMAN. Each member of what?
Mr. RAKER. Of the House.

The CHAIRMAN. Well, it will be sufficient for the time being and we can have another reprint if necessary. Mr. RAKER. All right. The CHAIRMAN. You see, the type is set up on that. Mr. RAKER. Now, another matter which I think is important is this: I want to submit to the committee a copy of the joint resolution of the Legislature of California of date April 29, 1921, relative to this bill and legislation. It is a certified copy by the clerk of the assembly. After reciting certain matters it says:

Resolved, That our Representatives in ('ongress be, and are hereby, urged to put forth their best efforts to secure the enactment by Congress of a bill conferring jurisdiction upon the ('ourt of (laims of the United States to hear and to adjudicate all claims, both legal and equitable, which the several tribes or bands of Indians of

California may have against the United States Government for lands taken from them without compensation therefor.”

This is another part of the resolution, but it will all go in the record:

“The general policy of the State and National cooperation as outlined by the Indian Board of Cooperation of ('alifornia, Incorporated, has already been approved by the State Legislature and by congressional and administrative acts.” (The resolution in full follows:)

LEGISLATIVE DEPARTMENT, STATE OF CALIFORNIA,

Assembly Chamber, April 29, 1921. ASSEMBLY JOINT RESOLUTION No. 24.

RELATIVE TO NEEDY INDIANS WITHIN THE STATE OF CALIFORNIA. Whereas there are within the borders of the State of California approximately twenty thousand Indians on land of little or no value, of whom at least four thousand are without any land or homes, and furthermore, there are about four thousand Indian children of school age of whom two thousand five hundred are without adequate or any school facilities, and a considerable number of the Indian population are without necessary food, shelter, and medical attendance; and

Whereas the National Government through a duly authorized commission in the years one thousand eight hundred fifty-one and one thousand eight hundred fifty-two negotiated eighteen separate treaties with the Indians of this State, and secured the signatures of four hundred one Indian chiefs and headmen to said treaties, agreed to reserve for them in perpetuity about seven million five hundred thousand acres of land and to pay said Indians approximately one million eight hundred thousand dollars in sundry goods for the other lands they agreed to cede to the United States and to provide them with sufficient educational and agricultural instruction, and the facilities necessary therefor; and

Whereas the National Government has so signally failed to keep faith with these defenseless people, as provided for in said treaties or to compensate them for any of their rights in land or to provide for them educationally or otherwise, in accordance with its policy adhered to everywhere else; and

Whereas the massing of these Indians in thinly populated districts makes provision for them at the expense of their white neighbors, under the prevalent school and pauper laws of the State an unfair, inequitable and intolerable burden; and

Whereas it has been the general policy of the National Government to assume the care and education of the Indians, yet it has not always been practicable or for the best interests of the Indians themselves to remove them to reservations; and

Whereas the general policy of the State and national cooperation as outlined by the Indian Board of Cooperation of California (Incorporated) has already been approved by the State legislature and by congressional and administrative acts: Now, therefore, be it

Resolved by the assembly and senate of the State of California, jointly, That our Representatives in Congress be and are hereby memorialized to attempt to secure provision in the Indian appropriation bill (1) for the purchase of adequate and permanent allotments with necessary improvements for homeless Indians; (2) for providing school buildings and equipment for Indians in public school districts where the Indian population and the necessities warrant it; and (3) for cooperation with county officials in securing proper care for sick and destitute Indians, until the necessity therefor no longer exists; and be it further

Resolved, That our Representatives in Congress be, and are hereby, urged to put forth their best efforts to secure the enactment by Congress of a bill conferring jurisdiction upon the Court of Claims of the United States to hear and to adjudicate all claims, both legal and equitable which the several tribes or bands of Indians of California may have against the United States Government for lands taken from them without compensation therefor; and be it further

Resolved, That the Governor of the State of California, upon the passage of this resolution, shall forward a copy thereof to each of our Representatives in Congress, to the chairman of the Committee on Indian Affairs of the Senate and to the chairman of the ('ommittee on Indian Affairs of the House of Representatives, to the Commissioner of Indian Affairs, and to the Secretary of the Interior.

Adopted by the California Legislature at the forty-fourth session, ending April 29, 1921. Attest:

JEROME B. KAVANAUGH,

Chief Clerk of the Assembly. 106933—22—PT 2- 2

Mr. RAKER. I have many letters and a few telegrams in regard to this matter; for instance, a telegram from Charles F. Seymour, head of the department of social sciences, Long Beach High School, California; a telegram from George Wharton James, one of the best posted men in the United States on Indians and the history of the Indians of California, Nevada, and Oregon.

The CHAIRMAN. Where does he live?

Mr. RAKER. He is from Pasadena, Calii. Mr. James is the noted author of many books. I also have a telegram from Will C. Wood, superintendent of public instruction of the State of ('alifornia. Mr. Wood was deputy superintendent, and I think he has visited every county in the State and every teachers' institute. He is now superintendent, elected by an overwhelming majority, a majority of a couple hundred thousand, and there is no better man to speak than Mr. Wood, and no man in California stands with a better record and reputation than Mr. Wood.

The CHAIRMAN. What about his qualifications as to the matter in hand? Mr. RAKER. He is speaking of the justness of the matter and the right of the Indians, and that something should be given to them. He is familiar with the school conditions.

The ('HAIRMAN. What does he say in the telegram?
Mr. Raker. He refers to two matters, i, e.:

“Frederick Collett is a genuine friend of Indians in ('alifornia and, in my judg. ment, is seeking justice for Indians. Have not seen ('ourt of ('laims bill relative to Indians, but believe the principle (ollett is seeking has much merit."

I also have a telegram from Mrs. Martha N. Hathaway on the same subject, as well as one from Dorcas J. Spencer.

(The telegrams referred to follow:)

Long BEACH, CALIF., April 26, 1922. Hon. John E. RAKER, M. (.,

Washington, D. C.: Permit me to urge that you give favorable consideration to the California Indians' ('ourt of Claims bill when that measure comes before the House ('ommittee on Indian Affairs. I have made a careful study of the relations between the United States Government and the Indians of California. I am convinced that the contention of the red men in the said bill is just; moreover, it is urgent. I trust you will press it in committee.

(HARLES F. SEYMOUR, Head of Department of Social Sciences, Long Beach High School, Long Beach, Calif.

PASADENA, CALIF., April 27, 1922. Hon. John Raker,

House of Representatives, Washington, D. C.: Have made over 30 years' study of Indian situation in California. Reverend Collett understands it fully. He has worked conscientiously, faithfully, and wisely for Indian benefit for many years. Believe this present plan as embodied in auxiliaries to Indian Board of Cooperation and Court of Claims bill the only honest, sane, and satisfactory solution; they meet my heartiest approval.

GEORGE WHARTON JAMES.

Long Beach, Calif., April 27, 1922. Congressman Raker,

Washington, D. C.: This expresses my perfect confidence in work of F. G. Collett and Indian board of cooperation. I believe Court of Claims bill presents the first plan ever made for an absolutely just settlement with the California Indians by United States.

MARTHA. N. HATHAWAY.

SACRAMENTO, CALIF., April 25, 1922. Hon. John E. RAKER,

House of Representatives, Washington, D. C.: Frederick Collett is a genuine friend of Indians in California and, in my judgment, is seeking justice for Indians. Have not seen Court of Claims bill relative to Indians but believe the principle (ollett is seeking has much merit.

Will C. Woon.

ALAMEDA, CALIF., April 26, 1922. Congressman RAKER,

House Office Building, Washington, D. C.: Frederick G. Collett and the organization he represents have the entire confidence of all who know them. Theirs is the most practical constructive and comprehensive work done for California Indians.

DORCAS J. SPENCER,

Superintendent Worker Indians for California Woman's Christian Temperance Union.

Mr. RAKER. Mr. Chairman, the record as heretofore printed, the telegrams and many letters cover the case, but I want to say this to you as a Representative from (alifornia, familiar with the condition of the Indians from a hoy to the present time, and having that familiarity I think I can speak to you with some sort of personal information. I have also been familiar with the condition of the Indians in a legal way, as district attorney and upon the bench, and since being in Congress. Knowing their condition and knowing something of the facts. I have been working on this matter as a Representative and not otherwise. The first opportunity we had to get a report was some four years ago when we appeared before the Senate committee and when the Department of the Interior and the board of cooperation agreed before the Senate committee that they would make a full investigation with regard to this matter.

The CHAIRMAN. Let me see whether I recall something about what took place heretofore. I think the testimony showed that most of these Indians were conducting themselves in about the same way as the white people; that they were being employed in the various industries in the sections in which thev lived, perhaps not on quite the same basis as the white people but nearly so, and that there were but few of them who were in actual need, and that perhaps about the same per cent of those who were in need would apply to the same number of white people in the same locality; is not that about correct? Mr. RAKER. Not exactly, The CHAIRMAN. These Indians are spread all over the State? Mr. RAKER. Yes; in the north and northeastern part.

The CHAIRMAN. And it is a fact that they very largely enter into the ordinary economic activities of the State?

Mr. RAKER. Well, to this extent: The men work in the hayfields at harvest time when they can get work and the women wash for people and do odd jobs of that kind. They have had a hard struggle in many ways. My personal observation of them for 40 years, and particularly for 35 years, shows that they have mostly wikiups; a few have homes, but they are in a very bad condition.

The CHAIRMAN. Before us here this morning are some members of the (alifornia Indians. Mr. RAKER. Yes; and I am going to present them.

The CHAIRMAN. And, as I recall the testimony, I have outlined about what was shown at that time. Mr. RAKER. With the exception of the general condition of the white people.

The CHAIRMAN. How long has this society which is mentioned here, the Indian Board of Cooperation (Inc.), been interested in advancing the interests of these Indians with reference to this claim?

Mr. RAKER. To my personal knowledge I have heard of them for about 10 years, somewhere along there. How long it has been in actual existence I do not know. Mr. COLLETT. Twelve years, but with reference to this matter only since 1920.

The CHAIRMAN. I will take that up with Mr. Collett a little later, but I wanted to get your understanding of it.

Mr. Raker. Since I have been in Congress I have been hearing from them and I have had letters from all over the State in regard to the Indians.

The ('HAIRMAN. But within the last year or two the movement has been much more intensive than it was in the past.

Mr. RAKER. Mr. Chairman, let me say this to you, and I say this in all good faith and not to wound anybody's feelings: This matter was presented first, in regard to obtaining relief for the California Indians, on the Indian appropriation bill. Ten years ago I had segregated from the bill the establishment of the Bidwell Indian School as a separate institution and the establishment of the Greenville school as a separate institution, so as to have separate appropriations for them. My interest has been because I knew the actual facts and thought they should have better results. Then it

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