NATIONAL PARK-RESOLUTION ASKING THE PRESIDENT AND CONGRESS TO ESTABLISH ONE IN THE

SACRAMENTO MOUNTAINS.

S. C. R. No. 4.] SENATE CONCURRENT RESOLUTION.

Whereas, A study of the physical and meteorological conditions of that vast area of Texas between the Brazos and Pecos rivers, incluing especially the staked plains or table lands of Texas and New Mexico, and their close relations to the Sacramento mountains in the southeastern portions of New Mexico, discloses the fact that the summer torrential rains that with unfailing regularity have, within the memory and traditions of the oldest inhabitants, fallen upon the aforesaid entire chain, and that in connection with the heavy fall, winter and spring snows have caused these great mountain ranges to be densely covered by magnificent forests of white and yellow pine, spruce, fir, cedar and other forest trees; and,

Whereas, It is obvious that the cold, high altitudes of these mountains ranging from 8,500 to 14,200 feet, and distant in places less than one hundred and fifty miles from the Texas line, is the first object the prevailing southeast winds of Texas, laden with gulf moisture, meet with, that causes this immense precipitation of summer rain; and,

Whereas, As a natural result of the snows and rains innumerable perennial springs and mountain streams cleave the sides of the Sacramento ranges for hundreds of miles, finding their way in part to the Pecos river, and more largely into the table lands referred to, forming thereby a vast reservoir for all Northwest, West and Southwest Texas; and,

Whereas, All the larger streams within that area have their origin at or near the base of the staked plains or table lands of Texas; that is, near the great bluffs that for three hundred miles mark the line of demarcation between the table lands and semi-mountainous region of Northwest and Southwest Texas; and

Whereas, The normal rainfall of all the region included in the staked plains and semi-mountainous region south of them is wholly insufficient to support any one of the principal streams of Southwest Texas; and,

Whereas, These plains are found to be underlaid with the same semifreestone water that is found in the streams that flow from the Sacramento range, and yet no living stream empties into them over their surface; and,

Whereas, Their physical meteorological conditions make it of the utmost importance to every interest of the entire State, and especially of vital importance to the entire region embraced within the limit aforesaid. to preserve the natural or physical features that, according to well estalished natural laws, serve to perpetuate the original sources of the wat? supply of the region referred to; and,

Whereas, It is currently known that a rapid destruction of the vast forests upon the lower portion of the Sacramento ranges is taking place by large lumber companies, causing the denudation of thousands of acres of their deeply covered moisture-laden soil, the inevitable result of which denudation will be to cause the springs and streams to dry up, and the streams of Texas to rapidly drain the reservoir in the table lands, and in turn cease to flow except in case of local rains; and,

Whereas, There are now persistent and systematic efforts being made

by parties interested in the lumber business to get the government of the United States to remove the Mescalero Apache Indians from their immense reservation situated in the central part of the Sacramento ranges, in its highest altitudes and finest timbered and watered regions, so as to throw open these vast forests, ostensibly to the settler, but in reality to the woodman's axe, as soon as the present forest supply is exhausted where they are now operating, estimated to be about twelve years; therefore be it

Resolved by the Senate of Texas, the House of Representatives concurring: That in view of the premises aforesaid, the President and Congress of the United States be and they are hereby most earnestly requested. to take such prompt and efficient action as will prevent further destruction of these vast primeval forests, and insure their perpetual preservation, and the consequent preservation of the meteorological and physical conditions of the large and important area of Texas referred to, together with the great material interests of Texas, inseparably bound up in these conditions, and do earnestly recommend that the government segregate all public lands owned by it, including the Indian reservation referred to, for the purpose of a grand national park, a park that it is conceded would be surpassed by none in the United States, and only equaled by the Yellowstone for scenic grandeur and picturesque beauty.

[NOTE. The enrolled bill shows that the foregoing resolution passed the Senate, no vote given, and passed the House of Representatives, no vote given.]

Approved September 6, 1901.

ALAMO MONUMENT-RESOLUTION OF APPROVAL.

S. C. R. No. 3.]

SENATE CONCURRENT RESOLUTION.

Whereas, There is an earnest movement among the citizens of the State of Texas to form an association to build upon the site of the historic Alamo a fitting monument to the martyrs of 1836; to establish a fund in perpetuity for the preservation of the premises and the maintenance of a park surrounding the battle ground; to form a board of trustees and officers composed of the Governor and representative citizens from the various portions of the State who shall have control of the affairs of said association; and

Whereas, Said Alamo, monument and park will forever be a sacred memorial to the noble heroes who died that Texas might be free; a profound lesson in patriotism to the remotest generations of Texas youth; a fitting tribute to a heroism that has had but one parallel in all history; therefore

Be it resolved by the Senate, the House of Representatives concurring: That the Legislature of the State of Texas hereby expresses its hearty approval of the permanent establishment of a monument and park upon the Alamo battle ground and its cordial endorsement of the movement among the public spirited and patriotic citizens who are working to that

end.

G. L.-4.

[NOTE. The enrolled bill shows that the foregoing resolution passed the Senate, no vote given, and was reported to the House of Representatives where it was amended and passed, no vote given; Senate concurred in House amendments, no vote given.]

Approved September 6, 1901.

INDIAN CLAIMS-RESOLUTION ASKING EXTENSION OF TIME TO PROVE.

H. C. R. No. 4.] HOUSE CONCURRENT RESOLUTION.

Whereas, The citizens of Texas, from the years 1858 to 1876, suffered great losses at the hands of the Indians, against whom they were not afforded protection by the presence of the Federal troops; and

Whereas, These losses fell upon that portion of our citizens who were on the frontier, and were extending the civilization and settlement of the State; and

Whereas, These losses reduced very many such citizens from affluence to poverty; and

Whereas, The present law which gave jurisdiction of claims on account of such depredations to the court of claims, known as the Act of March 3rd, 1891, expressly forbids the said court of claims to take jurisdiction of claims for losses accruing during the period when the tribes to which Indians belong were not in amity with the United States; and

Whereas, Under said prohibition the court of claims had found that Comanche Indians, which tribe committed most of the depredations in Texas, were hostile in this State in 1860, and again in 1864, and 1865, and again in 1868 and 1869, and again in 1874 and 1875; and

Whereas, While there may have been during these said periods a lack of peaceable relations between the said Indians and the citizens of Texas, there was nevertheless, no status which could be properly defined to be warfare between the said Indians and the United States; and

Whereas, The same law also forbids the court of claims to assume jurisdiction of claims on behalf of those who were not citizens of the United States at the date of the depredations, and

Whereas, Many citizens of this State who had been citizens of the Republic of Texas, had never been naturalized but believed themselves by virtue of the annexation of Texas to be citizens thereof, and also citizens of the United States; and

Whereas, There were many citizens of this State who had meritorious claims and who failed to file said claims on March 3rd, 1894, such failure, in most cases, being attributable to the fact that such citizens were not apprised of the limited time given under the law in which such claims could be filed; and

Whereas, Many of these were among the foremost and best citizens of the State, and contributed very considerably to the extension of the frontier in the settlement of the State, and should also be entitled equally with those who were bona fide citizens, and with those who were so fortanate as to file their claims before March 3rd, 1894, to the protection of the United States, and to recompense for the losses incurred by them: therefore be it

Resolved by the House of Representatives, the Senate concurring, That the Congress of the United States be, and the same is earnestly petitioned by the Legislature of the State of Texas, to so amend the present law, known as the Act of March 3rd, 1891, as to include within the jurisdiction of the court all claims whether committed during a period of amity or a period of hostility, and also all claims on behalf of those who were permanent bona fide residents of the United States; also be it further

Resolved That the Congress of the United States is requested to further amend the Act of March 3rd, 1891, by extending the time in which claims. may be filed one year from the date of such emendation; and providing also that any affidavits or depositions of claimants or witnesses heretofore or hereafter taken shall be admitted as evidence before the court of claims.

[NOTE. The enrolled bill shows that the foregoing resolution passed the House of Representatives, no vote given, and passed the Senate, no vote given.]

Approved September 6, 1901.

CERTIFICATE.

THE STATE OF TEXAS,

DEPARTMENT OF STATE.

I, John G. Tod, Secretary of State of the State of Texas, do hereby certify that the foregoing laws and resolutions, passed at the first called session of the Twenty-seventh Legislature, have been carefully examined and compared by me with the original enrolled bills now on file in this department, and are true copies of said original enrolled bills.

I do hereby further certify that the first called session of the Twentyseventh Legislature convened in the city of Austin on the sixth day of August, A. D. 1901, and adjourned on the fourth day of September, A. D. 1901.

In testimony whereof, I have hereunto subscribed my name, [SEAL.] and have hereto affixed the seal of the State of Texas, in the city of Austin, this 12th day of October, A. D. 1901.

JOHN G. TOD,
Secretary of State.