Mr. HAYDEN. Do you think that you could agree with the Navajos f the Government was to take it up and divide it by a line so that here could be an understanding between the two tribes as to which hould be Hopi land and which should be Navajo land?

Mr. GOOTKA. I do not think there will be any disagreement between hem, because the Hopi rather have a reservation to themselves.

Mr. HAYDEN. Would you be willing to take less than the land you laim and divide up with the Navajo and have that part for your >wn?

Mr. GOOтKA. I want the reservation to be a little bit larger than it s now, within the old boundary line.

Mr. HAYDEN. Are there men in the tribe that can show Mr. Daniels he old boundary line?

Mr. GOOTKA. Yes, sir. They are living here now.

Mr. HAYDEN. The committee have been very glad to hear you here o-day and we are going to take up this question about making a reservation for the Hopi and see if anything can be done about it. We do not surely promise that, but will do the best we can.

Mr. GOOTKA. We hope that you will come to some immediate conclusion and set aside a reservation for the Hopi only.

Mr. HAYDEN. What I have wanted to do myself, and I will ask the other members of the committee and of Congress to do it, is to have somebody sent down here from Washington to talk with the Hopi and talk with the Navajo and look the whole country over, and then finally say what shall be yours.

Mr. GOOTKA. Yes.

Mr. HAYDEN. The committee may take some little time to do that, to get a reservation for the Hopi alone.

Mr. GOOTKA. Yes: I understand.

Mr. HAYDEN. The members of the committee all say that they were very much pleased with the dance and thank you for giving the dance and showing us courtesies since we came here, and we appreciate it very much. We have to drive to Winslow to-day to catch the train and must get away now.

Mr. YAVA. Yes.

Mr. HAYDEN. With the permission of the committee, I desire to insert a report made by Mr. Leo Crane, dated March 12, 1918, relative to the Moqui Reservation. Mr. Crane was for a number of years superintendent at Keams Canyon, and I am sure that his views will be of interest to the committee.

The chairman has also directed me to insert in the record a statement from Mr. Stephen Janus, superintendent of Leupp Indian school and agency, Leupp, Ariz.

COPY OF REPORT MADE TO INDIAN OFFICE, MARCH 12, 1918, CONCERNING HOPINAVAJO RANGE QUESTION.

The COMMISSIONER OF INDIAN AFFAIRS,

Washington, D. C.

MARCH 12, 1918.

SIR: Indian office letter dated January 31, 1918, received, inviting to my attention an excerpt from a report of hearings before a subcommittee of the Committee on Indian Affairs, of the House of Representatives, having under consideration the current Indian appropriation bill. A full expression of my views is requested.

While the questions of the honorable Mr. Hayden relate to an item of the bill requesting an appropriation for the continuance of water development for

the so-called "Navajo country," while area centrally includes the Mo Reservation, it was developed that other matters, strongly affecting the Hoy Indians of the Moqui Reservation, were involved, to wit:

Range areas available to the Hopi and Navajo Indians occupying in common the Moqui Reservation, and water supplies available to these Indians and their stock holdings, etc.

It was developed also that the Hopi Indians of the Moqui country are unreasonably restricted in point of grazing area, in a reserve apparently creat for their benefit; and that they have complained relative to the depredations suffered through the encroachment by Navajo neighbors.

So many different and yet correlated phases of the general Moqui Reservation problem arise to color and affect the range situation as between thes Indians, that a discussion of the question and its solution should include all the related features, notably :

(1) The language of the executive order creating the reserve.

(2) The temperamental, physical, and communal characteristics of the peoples involved.

(3) The topography of the reserve, and of the country immediately surrounding it.

(4) Former attempts to adjust this matter, and the success had, and the methods invoked.

(5) The present-day situation.

(6) The present possible solution, together with the methods that must be adopted to fix it.

I believe it is proper to state that this problem is not new. The first refer ence I have relating to it is dated October 12, 1850, in the report of J. S. Calhoun, Indian agent at Santa Fe and superintendent of Indian affairs in New Mexico. Calhoun's jurisdiction (on paper) extended from the country around Santa Fe westward to the Grand Canyon. He reported to Washington "the seven Mcqui pueblos sent me a deputation *. They complained bitterly of the depredations of the Navajo

* *

It is a fact, then, that Hopi Indians of the country that is now the Moqui Indian Reservation traveled, burro back perhaps and not improbably on foot, in the year 1850, to Santa Fe, N. Mex., to petition a Government official for relief from a situation that they face now in 1918, and that they have been constantly facing through 68 years-a situation that is no nearer adjustment to-day than then, and for the same reason.

It is not especially one of available range areas.

It is not entirely one of water supplies or the ability to evelop a sufficient supply of water.

But it is actually and fundamentally one concerning the extension of effective law-and-order regulations over that part of the Moqui Reservation inhabited by and held by the Navajos.

The matter of equitable range areas can be planned on the basis of those Navajos who have lived on the reserve since 1882, when the reservation was created by Executive order. A water supply is being slowly developed and could be quickly developed if sufficient moneys were made applicable. The water situation is being looked after by an able superintendent of irrigation. who is assisted by able subordinates, but both of whom are handicapped by a yearly appropriation that is pitiful compared to the vastness of the territory to be improved; i. e., $25,000 to be spent in an area of 30,000 square miles, a territory practically the size of the State of Maine-less than $1 per square mile. I refer to the entire area covered by this appropriation. This sum of money would be about the amount necessary to promptly readjust conditions on the Moqui Indian Reservation alone.

But aside from these two points, Agent Calhoun could not discipline the roaming Navajos of his day, nor has any Indian agent since his time, wherever located, succeeded for any lengthy period in this respect, and no Indian agent ever will succeed until the administration of Indian affairs in Washington brings itself to believe that the Navajo range problem is not comparable to the land matters of the Five Civilized Tribes. And further than this, no matter what is reported as Navajo conditions at other agencies in adjacent country, where daily affairs are often smoothed and complacently glossed over, and where there is no Hopi problem, the situation on the Moqui Indian Reservation is decidedly unique and distinct and important and serious in itself. The five other Navajo agents have troubles of their own and know practically nothing about the Hopi or about their country and naturally care less.

First. The language of the executive order of 1882 practically guarantees to ose Navajos or other Indians residing on Moqui at that time equal rights ith the Hopi.

Since that time the Navajos have increased, whereas the Hopi population has mained practically stationary (owing to the unsanitary methods of living); her Navajos have no doubt come onto the reserve through marriage or migraon; some of the outfits long ago intermarried with the Hopi or held Hopi omen as slaves, and at one point on the reserve at least 50 to 60 persons trace heir descent through Navajo-Hopi forebears. Many of the Navajo claim cations within the present admitted Hopi territory, restricted as it is, and a ew have documents issued by former Indian agents (military officers) to back heir claims.

The Navajo livestock holdings likewise have increased fivefold, whereas the Iopi (except for cattle) have little more sheep and goats than in 1886.

This point presents the first great bar to any wholesale removal of the Navajo from the Moqui Indian Reservation.

However, in my opinion, it does not affect their recognition of regulations ssued through the Moqui Agency, nor should it operate to cover in and protect ill the Navajos who may be discovered to have migrated onto the reservation and who should be elsewhere to-day.

Second. The temperamental, physical, and communal characteristics of the peoples themselves.

The dispute as to range areas and depredations is not between two civilized educated parties that can be summoned into a law court, who can be warned by printed posters or threatened by official letters or affected by any unsupported act of Congress.

Notwithstanding their timid and appealingly peaceful nature, the history of the reserve shows that the Hopi must be strictly ruled. Every step in advancement they have made has been compelled from the earliest orders concerning the schooling of their children down to the recent attempt to conserve their livestock holdings through my regulations of 1913, as approved by the Indian Office. Should the rule be relaxed the Hopi within a decade would be back where they were in 1850.

The Navajos of the Moqui Indian Reservation are, together with the Navajos of the Utah line, for the most part unaffected by 30 years of contact with whites under agency direction. No matter what the Navajos elsewhere are reported to be, the Navajos on Moqui are indifferent to regulations at best, and the younger generations defiant and undisciplined savages. This is not their fault. Thirty years of agency effort has been devoted almost entirely to the Hopa of the reserve. Implements only have been given the Navajo. The Government since 1868 has neither sought to educate or rule them. I can find but few instances where any Indian agent at Moqui has been supported in his troubles with the Navajo. The indifference during the past 11 years has been most marked. See my later reference to troubles of 1911 and 1913.

Third. The topography of the reserve as presenting available ranges. That part of the Moqui Reservation used up and ruined by the Hopi because of years of restriction (about 600 square miles) is entirely too small for their immediate present-day needs. Of the remaining odd 3,200 square miles seemingly at the disposal of the Navajo, not all can be said to be of use. About 300 square miles of the northwest corner, beyond Blue Canon, does not affect this question, as the Navajoes thereof do not actually associate themselves with the Moqui Reservation, are under the western Navajo agent, and the Hopi would not use (could not) that section if presented with it. This reduces the Navajo holdings to 2,900 square miles.

The entire northern half of the Moqui Reserve-roughly, 2,000 square miles— is in Navajo hands, and this area, less the 300 square miles referred to above, gives (on the map) 1,700 square miles of grazing. This is not actually so. About one-half of the area is so mountainous that flocks can not be maintained there in midwinter, because of deep snows and lack of water. Therefore the northern Navajoes are reduced to about 900 square miles of debatable grazing during the winter. The whole area is available to them in late spring, summer, and early autumn.

The south half of the reserve is occupied by Hopi and Navajo, an area of approximately 2,000 square miles, of which at least 1,000 square miles are either barren and worthless or held by Hopi.

It would seem that of the entire reservation areas affected by this question 600 square miles are used by Hopi and 1,900 square miles by Navajo. As these

sections abut in the valleys, between the high mesas occurs the so-called “neutral ground," over which arise the hundreds upon hundreds of disputes, depredations, etc.

Fourth. Former attempts to adjust or consider this matter:

1887. Moqui was then a subagency under the Indian agent at Fort Defiance, Navajo Agency. Until 1900 many of the agents were Army officers.

S. S. Patterson (Indian agent) reports that the Hopi are constantly annoyed by Navajo, who drive off their horses and cattle and steal products of fields, Serious cases of this character necessitated his going to the Hopi villages to adjust the troubles.

1888. S. S. Patterson again refers to Navajo trespass. "As a means of preventing these occurrences, it might be better if the Navajoes could be excluded from the Moqui country altogether, but this would be a difficult thing to do. For years a considerable number have lived there with established homes and farm improvements, which they are loath to leave."

1889. C. E. Vandever (Indian agent) recommends the necessity for a change of boundary lines to prevent the continuance of Navajo depredations, etc. 1890. C. E. Vandever again reports that a constant source of bickering be tween the Hopi and Navajo are the encroachments of the latter. Says he has warned the Navajo not to approach within specified limits.

1891. Ralph P. Collins (superintendent at Keams Canon, under David L. Shipley, agent at Fort Defiance) states that in December, 1890, when troops were sent to enforce school attendance of Hopi at Oraibi, the Navajoes were then removed from claimed Hopi territory by these same troops.

1892. David L. Shipley (Indian agent) reports that about one year ago be issued an order prohibiting Navajos from approaching within a 15-mile radius of the village of Machen ot

1893. Annual report of the Commissioner of Indian Affairs, D. M. Browning, page 93, states that measures looking to the removal of the Navajos from Hopi country are now being pushed.

1895. Samuel L. Hertzog (superintendent at Keams Canon under Capt. Constant Williams, Indian agent at Fort Deiance) reports that Navajos ocerny the northern and southern parts of the reserve, and this keeps up strife between them and the Moquis continually.

66

1899. Charles E. Burton (superintendent at Keams Canon under G. H. Hayzlett, Indian agent at Fort Defiance) reports: Many Navajos from the Navajo Reservation have settled along de wat emiss !”། places on Moqui land. These places taken by the Navajos are the very best on the reservation and control most of the water supply. The two tribes are bitter enemies, and there is constant friction, stealing of horses, destroying each other's crops, fighting, and murder going on among them. When a difficulty arises and the superintendent tries to settle the matter, the Navajo says the superintendent is not their agent and refuses to be governed by his decisions." He recommends that the Navajo be either returned to his own reservation or placed under the control of the Moqui superintendent.

1900. Charles E. Burton was appointed the first Indian agent for the Moqui Indian Reservation proper, and thereafter the Moqui territory has been handled as a separate jurisdiction. Burton was succeeded by Thomas G. Lemmon, Lemmon by Horton H. Miller, Miller by A. L. Lawshe, who was succeeded by the present superintendent in 1911.

All the efforts of the present Moqui superintendent to control the Navajo of his jurisdiction, having as an only means a timid, ignorant, and graft-seeking native police force, and without a proper guardhouse in which to securely confine prisoners when actually apprehended by whatever means (largely employee arrests), have been abortive, and have only tended to expose the weakness of the system.

The Hopi has been disciplined and advanced and has prospered because he could be reached. He is a village Indian, and his entire range roaming does not cover more than 600 square miles. The Navajo may encroach, rob, kil cattle, etc., and then has 3,200 square miles of most inhospitable country in which to hide away. From the north, the northeast, and east of Keams Canon (the "Black Mountain" country) he has repeatedly defied the Moqui police and Moqui agency employees, and he has been permitted to get away with it. In so far as the law-and-order situation on the Moqui Reservation. concerns Navajos, this agency has had absolutely no support from the Indian Office. An official letter stating that "It is a very perplexing question" is not

support.

If the question is asked: "What has all this law and order to do with extenon of range to the Hopi?" I may reply that it has everything to do with it. It is idle to consider the rearranging of a map if one can not compel the avajo to respect the map. It is merely an exposé of weakness to order inections (such as that of H. S. Traylor) when the investigator can not make s rulings stick. So long as any unruly element of a community is permitted offend and defy justice in matters of drunkenness, assault, gambling, stock lling and stealing, illicit sales of live stock, etc., how effective will an order to keep off the grass?

These Navajo Indians are located, most of them, 150 miles from a town, 40 75 miles from the agency, 150 miles from a telegraph, and they know it. hey have never respected anything save one thing-the uniform of the United tates Cavalry.

It will make no difference how many producing wells are drilled in the avajo locations or how many signs erected in characters that the Navajo in not read, trespass on the small area remaining to the Hopi will continue ist so long as the Navajo is not made to respect his agent and the orders of le agency.

It is believed only just to state that many, many reports have been made oncerning this matter and its related phases. I propose to give references > the reports made by Col. (now Maj. Gen.) Hugh L. Scott in 1911, those of lovernment inspectors, and my own since 1911. These reports should be asily found in the Indian Office files.

Indian Office Circular No. 554: "Indian police and judges," dated August 5, 911, and my reply thereto; Indian offenses," dated August 31, 1911, and my eply thereto.

My letter dated December 30, 1911, answering Indian Office circular No. 593, with respect to police.

Indian Office letter dated January 16, 1912, referring to me the recommendaions made to the Secretary of the Interior, report dated December 5, 1911, by he then Col. Hugh L. Scott, United States Army, concerning methods to insure ffective law and order on this range.

Col. Scott came to the Moqui Reservation in November, 1911, supported by a roop of Cavalry, to settle trouble with the Hotevilla Band of Hopi Indians Disturbances among these people, incident to range areas, religious disputes, and necessity for the education of their children warranted the sending of United States troops to the reservation in 1890, 1895, 1907, and 1911. So far he peaceful characteristics of the temperamental, snake-dancing Hopi. Immediately prior to the coming of troops in 1911 there arose bitter differences between the Navajo of the southwest corner and the Oraibi Hopi. My letter dated November 20, 1911, requested authority to settle this land dispute (occurring over allotment) when the troops came. I did not get an answer to this letter until two months after the troops and Col. Scott had left the reserve. Indian Office letter dated May 4, 1912, replied to my queries under the abovenamed circulars concerning range law and order. It will be noted that nine months elapsed between the questions and the answers.

Under date of October 13, 1913, I reported that a band of Navajo actually headed by three Indian police (two of the Moqui Agency and one from Leupp) had practically held up this Moqui Agency. Another report followed on November 21, 1913. No reply was received until February 12, 1914, four months later. Nothing was done about the matter. Nothing has ever been done about the matter.

May 26, 1914, Superintendent of Irrigation Herbert F. Robinson made a report to the Indian Office, inviting attention to the range troubles between Hopi and Navajo. His report is very interesting. Under date of June 22, 1914, I made a further report. The office reference is 60400-1914, Ed. L. & O. While I did not agree with all the findings of Superintendent Robinson, each of the reports are valuable because of the reservation data contained therein. July 7, 1915, I again reported concerning this range matter, and reques that I be authorized to either bring a delegation of Hopi to Washington or that an inspector of the Interior Department be sent to attempt to adjust these troubles. July 22, 1915, the office replied that consideration would be given my request for an investigation.

April, 1916, Inspector H. S. Traylor came to the Moqui Reservation and remained about six weeks. Together we visited practically every point of controversy, held councils with both Hopi and Navajo of all sections and factions,